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Complete File - Historical_MiscSpills2
May 16 05 05:55a DWQ PERCS UNIT 919-733-0059 B5/14/05 18:33:52 DEFAULTESID-> 919 733 8859 SHKNC- P. 1 Page 001 NATIONAL RESPONSE CENTER - FLASH FAX xxxGOVERNMENT USE ONLY —GOVERNMENT USE ONLYxxX DO NOT RELEASE this information to the public without permission from the NATIONAL RESPONSE CENTER 1-800-424-8802 Incident Report N 758704 INCIDENT DESCRIPTION xReport taken by: CIV JOHNSON at 10:26 on 14-MAY-05 Incident Type: STORAGE TANK Incident Cause: OPERATOR ERROR Affected Area: STORM WATER DITCH The incident was discovered on 14-MAY-05 at 02:30 local time. Affected Medium: WATER STORM WATER DITCH / INSIDE OF PLANT REPORTING PARTY ^ ^ _ /J . Name: STEVE CLOY /' J'`J (�,�j�, Organization: COPELAND CORP. Address: 4401 EAST DIXON BLVD �r SHELBY, NC 28152 COPELAND CORP. called for the responsible party. PRIMARY Phone: (704)4843011 Type of Organization: PRIVATE ENTERPRISE SUSPECTED RESPONSIBLE PARTY Name: STEVE CLOY Organization: COPELAND CORP. Address: 4401 EAST DIXON BLVD SHELBY, NC 28152 PRIMARY Phone: (704)4843011 Type of Organization: PRIVATE ENTERPRISE INCIDENT LOCATION 4401 EAST DIXON BLVD County: CLEVELAND City: SHELBY State: NC RELEASED MATERIALS) CHRIS Code: NCC Official Material Name: NO CHRIS CODE Also Known As: COOLANT MULTAN MIXED WITH 90% WATER Qty Released: 2500 GALLON(S) Qty in Water: 70 GALLON(S) DESCRIPTION OF INCIDENT MATERIAL RELEASED FROM A CODLING TANK DUE TO VALVE WAS LEFT OPEN. INCIDENT DETAILS Description of Tank: COOLING TANK Tank Above/Below Ground: ABOVE Transportable Container: NO Tank Regulated: NO Tank Regulated By: Tank ID: Capacity of Tank: 2800 GALLON(S) Actual Amount: 1800 GALLON(S) ---WATER INFORMATION --- Body of Water: STORM WATER DITCH Tributary of: Nearest River Mile Marker: 14-MAY-05 10:32 (202)2829201 NOAA 1ST CLASS 88 RPTS FOR NC (PRIMARY) 14-MAY-05 10:32 (206)5266344 SC EMERGENCY PREPAREDNESS DIVISION (PRIMARY) 14-MAY-05 10:32 (803)7378500 STATE OF NORTH CAROLINA OENR (PRIMARY) 14-MAY-05 10:32 (919)7335083 SC DEPT OF ENV CNTL ATTN: ERS (PRIMARY) 14-MAY-05 10:32 (803)2536468 ADDITIONAL INFORMATION Voitaicwa 14.00 rnn 1 IVY YVY �aat� 9 w16 T. OF. ENIVI SOMA- Ea�9 8 OFFIC`- 200`� EMERSON.. (��Y 2 3 Ohnate Technologies F - Facsimile WAY. C3 O Refrigeration Division 4401 E. Dixon Blvd. i_ Shelby, NO 228162 T (704) 484 3011 F (704) 484 8723 To: fnr1 1�� j� l , � �� No. o4 Pages {Inoluding coversheeO: Company: Fox Number: 9/ 7 -2 3 3-; � 141 Date: ©©S rM - — Irrrw.wY`�r•. -- Itl- —""- ru.w�..r rl �,rw�+�wrr � .1 Y .olq From: Phone: % O Comments: 61tIj . R �P' -�- �'D 030 iY\C'i r / . d EMERSOM Climate Technologies VIA FA IlVIII,E AND U. S MAIL Mr. Alan Klimek, P.E. Director, North Carolina. Division of Water Quality Department of Environment, Health and Natural Resources 512 N. Salisbury- Street Raleigh, NC 27604 Copeland Corporation 4401 East Dixon Blvd Shelby, NC 28152 USA T (704) 484 3011 F (704)4849723 May 19, 2005 Re: Copeland Corporation Report pursuant to Storm Water General Permit # NCG03001)0 Dear Mr. Klimek: Pursuant to the requirements in Section IR(E)(8) of Copeland Corporation's ("Copeland") Storm Water General Permit No. NCG,030000 (the "Permit"), Copeland hereby submits this report concerning a release at its facility in Shelby, North Carolina. At approximately 3 :00 A.M. on May 14, 2005, Copeland experienced a release of approximately 70 gallons of a coolant -water solution into a neighboring stormwater ditch located outside of Copeland's property. The solution contained 0.6% concentration of a chemical called "Multan RS". Therefore, approximately 4.2 gallons of Multan RS was released during this -event. Multan RS is composed of the following (an MSDS is attached hereto for reference): • Rust Inhibitor (10-30%) • Triethanolamine (1-101/6) • Diethanolamine (1-10°/0) Hexylene glycol (1-10%) 2-(Butylanuno)ethan0l (1-100/0) • Fatty acid derivative (1-10%) Triazine (1-10%) • Surfactant blend (Less than 1%) • Petroleum distillates (Less than 1%). I notified the National Response Center and the North Carolina Spill Hotline of this release at approximately 11:00 A.M. on May 14. We investigated and determined that the cause of the release was a blocked valve that could not close and seal because it was clogged with debris. We ��pM/Ind® have cleaned out the valve and have recovered all of the coolant from the stormwater ditch using a sump sucker. We have taken steps to reduce, eliminate, and prevent reoccurrence of a similar release in the future by forming a team to address the issue; this team is currently in the process of drafting a corrective action plan. Pursuant to Section M(E)(2). a copy of this report is being submitted to the Division of Water. Quality's Central Files. Please feel free to contact me with any questions regarding this report. Thank you. Sincerely, Steve Cloy Pc: Division of Water Qualify, Central Files Material Safety Data Sheet ID: 238090 Material Name: MULTAN RS * * *Section 1 -Chemical Product and Compan Identification ` * * Product Trade Name MULTAN RS Manufacturer Information Contact Phone: (248) 583-9300 Henkel Surface Technologies Henkel Corporation Chemtrec Emergency # (800) 424-9300 32100 Stephenson Highway Madison Heights, MI 48071 * * * Section 2 - Composition /'Information on Ingredients * �` Emergency Overview: This product is irritating to the eyes, respiratory system and skin. This product contains a component that may cause allergic skin reactions. Long-term exposure can cause liver and kidney damage. Prolonged or repeated contact with liquid or vapor may affect the nervous system. Some effects may be delayed. Potential Health Effects: Inhalation and skin contact are expected to be the primary routes of occupational exposure to this material. Based on its composition, it is anticipated to be severely irritating to corrosive to eyes and skin. Prolonged or repeated contact may remove oils from the skin and may dry skin and cause irritation, redness and rash. Repeated or prolonged contact may cause an allergic skin reaction. High vapor concentrations may be irritating to the eyes and respiratory tract, and may result in central nervous system (CNS) effects such as headache, dizziness, nausea, drowsiness and, in, severe exposures, loss of consciousness. Precautions should be taken to limit aerosolization or misting of this material, as repeated exposure to high concentrations of mineral oil mist may cause lipoid pneumonia. if swallowed, this material may cause severe injury of the mouth, throat and digestive tract and CNS effects as noted above. Mild to severe lung injury may occur if this material is drawn into the lungs (,aspirated) during swallowing, or during vomiting after swallowing. Symptoms of injury may include increased breathing and heart rate, coughing and related signs of respiratory distress. Repeated or prolonged contact may result in absorption of the material and systemic effects, such as liver or kidney injury. Medical conditions which may be aggravated by exposure to this material include lung, liver or kidney disease or diminished function of these o ans. * * * Section 4 - First Aid Measures Eye Contact: In case of contact with the eyes, rinse immediately with plenty of water for 15 minutes, and seek immediate medical attention. Skin Contact: For skin contact, flush with large amounts of water. If irritation .persists, get medical attention. Ingestion: If the material is swallowed, get immediate medical attention or advice — Do not induce vomiting. Give one t0 two glasses of water or milk. Never give anything by mouth to a victim who is unconscious or is having convulsions. Page 1 of 6 Issue Date: 08/17/04 Revision: 1.vuul -- Material Safety Data Sheet ID: 238090 Material Name: MULTAN RS Inhalation: if mist or vapor of this product is inhaled, remove person immediately to fresh air. Seek medical attention i svmptoms develop or Rersis�. Section 5 - Fire Fighting Measures Method Used: Flammability Flash Point: , > 200 F Classification: Upper Flammable NA Lower Flammable NA Limit (UFL); Limit (LFL): Fire & Explosion Hazards: This product is an aqueous mixture which will not bum. If evaporated to dryness, the solid residue may -pose a p moderate fire hazard. Extinguishing Media: Use methods for the surrounding fire. Fire -Fighting Instructions: Fire fighters and others who may be exposed to products of combustion should wear full fire fighting uoutg�sar (full Bunker Gear) and self-contained breathing apparatus (pressure demand NIOSH approved or equivalent). iv Fire fighting ui ment should be thoroughly decontaminated after use. * * * Section 6 - Accidental Release Measures * �` Clean -Up Procedures: Collect spilled material Iwith inertabsorbent amccordinuch send or g toa regulation. Place in properly labeled dosed container. Dispose of coed Spill or Leak Contain spill. Stop leak at source if this can be done safely. Ventilate area_ Nonessential personnel should leave the area until cleanup is completed. Pump liquid into DOT -approved drams for disposal. Absorb remaining liquid onto inert absorbent and place in DOT approved drums for disposal. Wash area with water. Keep concentrate and wash water from enterin sewers or waterways. * * * Section 7 - Handling and Storage Handling Procedures: Do not get in eyes, on skin or clothing. Avoid breathing vapor or mist. Keep container dosed. -Use only with adequate ventilation. Wash thoroughly after handling. Empty container may contain hazardous residues. Storage Procedures: Store in a cool, d ace. Avoid excessive heat Store out of direct sun{i ht in a cool, well -ventilated lace. * * * Section 8 - Exposure -Controls 1 Personal Protection Component Exposure Umits Triethanolamine (102-71-S) ACGiR 5 mg/m3 TWA Diethanolamine (111-42-2) ACGIH: 2 mg/m3 TWA skin - potential for cutaneous absorption NIOSH: 3 ppm TWA; 15 mg/m3 TWA Hexylene glycol (107-41-5) ACGIH: C 25 ppm . NIOSH: C 25 ppm; C 125 mg/m3 Page 2 of 6 . tissue Date: 08/1.7/04 Revision: 1.0001 ViJ/1.7/LVVi) 1G. JY i'AA 1 IVY YVY VI"" —ua..c 1- ---. Material Safety Data Sheet ID: 23809-13 Material Name: MULTAN RS Engineering Controls: Ventilation should effectively remove and prevent buildup of any vapor or mist generated from the handling of this product. PERSONAL PROTECTIVE EQUIPMENT As prescribed in the OSHA Standard for Personal Protective Equipment (29 CFR 1910.132), employers must perform a Hazard Assessment of all workplaces to determine the need for, and selection of, proper protective equipment for each task performed. Eyes/Face Protective Equipment: Wear chQmical goggles; face shield (if splashing is possible). SkinProtection: Use impervious gloves. Use of impervious apron and boots are recommended. Respiratory Protection: riate NIOSH/MSHA If ventilation is not sufficient to effectively prevent buildup of aerosols or vapors, appro p res 'ratoprotection must be provided. * * * Sectiott 9 - Physical &Chemical Properties Physical State: Liquid Odor: Vapor Density: NE Melting Point: NA pld: 9.3 VOC: * * * section 10 - Chemical Appearance: Amber, slightly hazy fluid Vapor Pressure: As water Boiling Point: > 200 F Specific Gravity: 1.03 Viscosity: Solubility water: Soluble & Reai Information Chemical Stability: This material is chemically stable under normal and anticipated storage and handling conditions. Incompatibility: Strong acids and strong oxidizers. Contains organic amine compounds. Nitrite based materials should not be added due to possible nitrosoamine formation. Decomposition Products: Thermal - oxides of carbon, nitrogen compounds. May release formaldehyde. Hazardous Polymerization: Hazardous p9lymerization is not known to occur. * * * Section 11 - Toxicological Information Acute Toxicity: A: General Product information Based on animal studies, repeated excessive exposures to high amour►ts,of diethanofamine may cause liver and kidney effects. 13: Component Analysis - 1-1350=50 Triethanolamine (102-71-6) Oral LD50 Rat: 4920 uUkg Oral LD50 Mouse: 5846 mg/kg Dermal LD50 Rabbit: >20 mL/kg Diethanolamine (111-42-2) Oral LD50 Rat: 620 uUkg Oral LD50 Mouse: 3300 mgikg Dermal LD50 Rabbit : 7640 uUkg Hexylene glycol (107-41-6) Page 3 of 6 Issue Date: 08/17/04 Revision: 1.0001 VU/ 1.7/ LVVU 14• VU 1't111 1 � Vz zvz v• ry v..a u".. a. ... ....�.� Material Safety Data Sheet Material Name: MULTAN RS Inhalation LC50 Rat : >310 mg/m3/11H Oral LD50 Rat: 3700 mg/kg Oral LD50 Mouse: 3097 mg/kg Dermal LD50 Rabbit: 8560 UM9 24Butylamino)ethano11 (111 754). Oral LD50 Rat: 1150 mg/kg Triazine (4719-04-4) Oral LD50 Rat: 763 mg/kg Componen Carcinogenicity Diethanolamine (111-42-2) [ARC: Monograph 77, 2000 (Group 3 (not classifiable)) Chronic Toxicity No information available forthe product. Epidemiology: No information available for the product. Neurotoxicity: No information available for the product. Mutagenicity: No information available for the product. Teratogenick: No information available for the product. * * * Section 12 - Eco ical information GYv A: General Product Information No information available for the product. B: Component Analysis - Eeotox.icity - Aquatic Toxicity Triethanolamine (102 71-6) Test & Species LC60 (24 hr) goldfish 5000 mg/L Diethanolamine (111-42 2) Test & Species LC50 (96 hr) fathead minnow LC50 (24 hr) goldfish LC50 (24 hr) goldfish EC50 (5 min) Photobacterium phosphoreurn Hexylene glycol (107-41-5) Test & Species LC50 (96 hr) fathead minnow LC50 (24 hr) goldfish EC50 (5 min) Photobacterium phosphoreum Triazine (4719-04-4) Test & Species Page 4 of 6 >100 mg/L. Boo mg/L. 5000 mglL 73 mg/L Microtox test 10,700 mg/L- 5000 mg/L. 3038 mg/L Microtox test. Conditions Conditions Static. pH 9.6. pH 7.0. 15 °C. ID: 2380910 Conditions Flow through, 24-26 °C, pH 7.5, 45.5 mg/L CaCO3. Conditions Issue Date: 08/17/04 Revision: 1.0001 Material Safety Data Sheet ID: 238090 Material Name: MULTAN RS EC50 (15 min) Photobacterium 28.9 mg/L Microtox phosphoreum test. Environmental Fate: No data is available concerning the environmental fate, biodegradation or bioconcentration for this product. * * * Section 13 - Disposal Considerations 'US EPA Waste Numbers & Descriptions: A: General Product Information Recover, reclaim or recycle when practical. Dispose of in accordance with federal, state and local regulations. Note: Chemical additions to, processing of, or otherwise altering this material may make this waste managemerst information incomplete, inaccurate, or otherwise inappropriate. Furthermore, state and local waste disposal requirements may be more restrictive or otherwise different from federal laws and regulations. B: Component Waste Numbers No EPA Waste Numbers are applicable for this product's components. * * * Section 14 - Transportation Information * �` US DOT Information Shipping Name: Please refer to the container label for transportation information. * * * Section 15 - information * * * US Federal Regu1a1110"5 A: General Product Information This product is considered hazardous under 29 CFR 1910.1200 (Hazard Communication). B: Component Analysis This CFR 35.1.1 containsone ), SARA Section 313 (40 CFR 372!65)�and/or GERCLA (40 CFR 302.4uired to be identified under ). Section 302 (40 CFR 35 Appendix Diethanolamine (111.42-2) SARA 313: form R reporting required for 1.0% de minimis concentration CERCLA: final RQ =100 pounds (45.4 kg) SARA 311/312: Acute: Y Chronic: Y Fire: State Regulations A: General Product Information No additional information available. B: Component Analysis - State The following components appear on ane or mare of the N Pressure: N Reactive: N followin state hazardous substances lists: CAS # CA FL MA MN 102-71-6 No Yes Yes Yes 111-42--2 , Yes Yes Yes Yes 107-41-5 Yes Yes Yes Yes Other Regulations A: General Product Information All components are on the U.S. EPA TSCA' Inventory List. Page 5 of 6 Issue Date: 08/17/04 ' Revision: 1,0001 PA Yes Material Safety Data Sheet Material Name: MULTAN RS B: C: Component Analysis - WHMIS IDL The following com onents are identified under the 102-71-6 1°h; Engli<. Item 1663 111112-2 1°I°; Englia Item 693 107-41-5 1 %; Englii Item 970 -Other Information ID: 2380910 Disclosure List: NFPA Ratings: Heafth: 'I Fire: 0 Reactivity: 0 Hazard Scale: 0 = Minimal 1 = Slight 2 = Moderate 3 = Serious 4 = Severe Key/Legend EPA = Environmental Protection Agency; TSCA = Toxic Substance Control Act; ACGIH = American Conference o feren al of Governmental Industrial Hygienists; IARC = International Agency for Research on Cancer; institute for Occupational Safety and Health; NTP = National Toxicology Program;'OSHA = Occupational Safety and Health Administration; NFPA = National Fire Protection Association; HMIS = Hazardous Material Identification System; CERCLA = Comprehensive Environmental Response, Compensation and Liability Act; SARA = Superfund Amendments and Reauthorization Act The information presented herein is believed to be factual as it has been derived from the works and opinions of persons believed to be qualified experts; however,, nothing contained in this information is to be taken as a warranty or representation for which Henkel Surface Technologies bears legal responsibility. The user should review any recommendations in the specific context of the intended use to determine whether they are appropriate. Contact: Regulatory Affairs and Product Acceptance Contact Phone: (248) 583-9300 This is the end of MSDS # 238090 ' Page 6 of 6 issue Date: 08/17/04 Revislon: 1.0001 A� NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist April 11, 2005 Mr. Al Moretz, PE Moretz Engineering 104 North Dilling Street Kings Mountain, North Carolina 28086 Lake Montonia Club Dam Committee Post Office Box 1174 Kings Mountain, North Carolina 28086 RE: Lake Montonia Dam State I.D. CLEVE-017 Dear Sirs: Michael F. Easley, Governor William G. Ross Jr., Secretary nt�" w%i-,'i�`J.0 it�7���94�K`S.M. irt=. _ilii,'.i.i.i�'� • This is to acknowledge receipt of your application dated April 8, 2005 for the repair of the subject dam. The application was received in our office on April 11, 2005. The package was prepared under the responsible charge of Mr. Al Moretz, PE. Applications requiring an approval to repair a dam will be reviewed by this office in the order they are received except that existing high hazard potential dams will be prioritized. We endeavor to respond to applications within 60 days of receipt of the application. Please contact Mr. Doug Miller, PE, Regional Engineer at telephone number (704) 663-1699; Ms. Tami Idol, EI, Assistant State. Dam Safety Engineer; Mr. W. Hubert Hawkins, PE, Assistant State Dam Safety Engineer; Mr. Bill Denton, EI, Assistant State Dam Safety Engineer, or myself at telephone number (919) 733-4574 should you have any questions concerning this matter. Sincerely, Maxwell R. Fowler, PE State Dam Safety Engineer cc: &I7�RmcGlesonaate •hall, ga_QnalSuper.Wisor Mr. Doug Miller, PE, Regional Engineer Mr. Clinton Cook, PE, Assistant 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 III VL � Calvin Huffman 180 Huffman Ridge Road Blacksburg, SC 29702 January 9, 2004 Mike Parker N.C. Division of Water Quality 919 N. Marion Street Mooresville, NC 28115 RE: Closing of Sewage Treatment Plant at Minette Mills Site, Grover, NC Dear Mike, This will confirm our discussion of the 5t'. I liurchased a portion of the Minette Mills property in Grover in April, 2003 and arm. ntly preparing the land for use. We must first dispose of the storm water in the Classifier, Chlorinator and the one -acre Lagoon at this site. This material has been tested an ound to contain no hazardous materials. I sent you the report from Pace labs earlier and it is labeled as Pace Lab Project #9250188. We plan the following actions for the water and sludge held in these areas; 4 Pump the storm water from the Classifier and the Chlorinator into the lagoon. Let the sludge in these areas dry then fill in over it with dirt. The Classifier and the Chlorinator have gathered storm water for the past 10+ years since the plant shut down and the excess has run over during this period. We will allow time for the lagoon to settle and then land apply the water from the lagoon. Again, the storm water from the lagoon as beenaweto e ow for 10+ years into Lick Creek and we are accelerating the process but we will allow the water to go into the ground on site instead of into the creek. The Sludge in the lagoon will be allowed to dry and then we will remove the berms, fill in and level the site where the lagoon is located. All sludge will be left on site and covered with dirt. The above actions will eliminate the collection and holding of storm water at this site. The areas will be elevated to promote drainage. I will call you after you've had a chance to read this so that we can discuss any other suggestions you might have. Thanks for your help. Sincerely yours, Calvin Huffman 1007/2003 10: 26 86493670088 CALVIN HUFFMAN PAGE 06 i aceAnalytical® www.pmcoisbs.com Lab Sample No: 923306732 Client Sample ID: SOLIDS IN LAGOON Pace Ansiolcal 3ervicos, InC- 9800 Kincey Avenue, Suite 100 Hunfersville, NC 28078 Phone: 704.875.9092 Fax: 704.875, 9091 Lab Project Number: 9250188 Client Project ID: Metals Test Project Sample Number: 9250188.005 Date Collected: 09/04/03 14:30 Matrix: Soil Date Received: 09/04/03 15:45 Parameters Results Units Report Limit , Analyzed 9y CAS Ng. QWII_ RegLmt Metals Metals. Trace ICP Prep/Method: EPA 3050 / EPA 6010 - Arsenic 1.1 mg/kg 0.59 09/10/03 22.58 LBG 7440-38.2 Barium 9.4 mg/kg 0.59 09/10/03 22:58 LBG 7440-39-3 Cadmium ND mg/kg 0.12 09/10/03 22:58 LBG 7440.43-9 Chromium 4.5 mg/kg 0.24 09/10/03 22:58 LBG 7440-47-3 Lead 16. mg/kg 0.59 09/10/03 22-58 LBG 7439-92-1 Selenium ND mg/kg 0.59 09/10/03 22:58 LBG 7782-49.2 $liver• , NO lag/kg 0.24 09/10/03 22:58 LBG 7410.22.4 Date Digested 09/10/03 09/10/03 Mercury. CVAAS. in Soil Mercury Wet Chemistry Percent Moisture Percent Moisture Date: 09/11/03 Asheville Certification IDs NC Wastewater 40 NC Drinking Water 37712 SC Environmental 99030 FI NFI AP FRMAR Method: EPA 7471 0.021 mg/kg Method: I Moisture 28.7 1 0.0044 09/09/03 KSB 7439-97-6 09/06/03 10:11 WRC REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, Inc ,11 ALCVA nelac Pape: 3 of • Charlotta._C_e[11 �s NC Wastewater 12 NC Drinking Water 37706 SC 99006 FI NFI AP FR7f97 CALVIN HUFFMAN PAGE 04 10/07/2003 10:26 86493670088 r r ace Analytical wwW. pace/ebs. ewn Lab Sample No: 923306690 Client Sample I0: CLASSIFIER ON LEFT fin - Pace Anelylical 8arvlces, Inc. 9800 Klncey Avenue, Suite 100 Huntersv►lle, NC 28078 Phone. 704.875 9092 Lab Project Number: 9250188 Fax: 704.875.9091 Client Project ID: Metals Test Project Sample Number: 9250198-003 Data Collected: 09/04/03 14:30 Matrix: Water Date Received: 09/04/03 15:45 Parameters Results nits Report Limit Analyzed BY GAS No, ual Realmt Metals Metals by Trace ICP Prep/Method: EPA 3010 / EPA 6010 Arsenic ND mg/l 0.0050 09/05/03 15:35 LBG 7440-38.2 Barium 0.034 mg/l 0,0050 09/06/03 15:35 LBG 7440-39.3 Cadmium NO mg/l 0.0010 09/05/03 15:35 LBG 7440-43-9 Chromium NO mg/l 0.0020 09/05/03 15:35 LBG 7440.47-3 Lead NO mg/1 0.0050 09/05/03 15:36 LBG 7439.92.1 Selenium ND mg/l 0.0050 09/05/03 16:35 LBG 7782.49.2 Silver ND mg/l 0.0020 09/05/03 1S:35 LBG 7440-22-4 Date Digested 09/05/03 09/05/03 Mercury. CVAAS. in Water Method: EPA 7470 Mercury ND pg/l 0.00020 09/11/03 LBG 7439-97.6 Lab Sample No: 923306708 Project Sample Number: 9250188.004 Date Collected: 09/04/03 14:30 Client Sample ID: DISCHARGE Matrix: Water Date Received: 09/04/03 15:45 Parameters Results Units Report Limit Analyzed By-_W No. QmL ReALmt Metals Metals by Trace ICP Prep/Method: EPA 3010 / EPA 6010 Arsenic NO mg/l 0.0060 09/05/03 15:39 LBG 7440.38-2 Barium 0.018 mg/1 0.0050 09/05/93 15:39 LBG 7440.39-3 Cadmium NO mg/l 0.0010 09/05/03 15:39 LBG 7440-43.9 Chromium ND mg/l 0.0020 09/05/03 15:39 LBG 7440.47.3 Lead ND mg/l 0.0050 09/05/03 15:39 LBG 7439-92-1 Selenium NO mg/l 0.0050 09/05/03 15:39 LBG 7782-49-2 Silver NO mg/l 0.0020 09/05/03 15:39 LBG 7440.22-4 Date Digested 09/05/03 09/05/03 Mercury, CVAAS, in Water Mercury Date: 09/11/03 Method: EPA 7470 ND mg/l 0.00020 09/11/03 LBG 7439-97.6 REPORT OF LABORATORY ANALYSIS Asheville Certification ID5 This report shall not be reproduced, except In full, NC Wastewater 40 without the written consent of Pace Analytical Services, Inc NC Drinking Water 37712 SC Environmental 99030 „ `R FI hIP AP FR7F'iaR Pape z or A harlotte Certification NC Wastewater 12 NC Drinking Water 37706 SC 99006 FL NELAP E87627 PAGE 03 V 10/07/2003 10:26 Q. 86493670088 CALVIN HUFFMAN A/�A - '� ow& :Analytical www. pacelabs.com Solid results are reported on a ary welgnt oasis Lab Sample No: 923306641 Client Sample ID: LAGOON Pace Anelyflcal Services, Inc. 9800 Kincey Avenue, Suite 100 Hunrersvllle, NC 28078 Phone: 704.875.9092 Lab Project Number: 9250188 Fax' 704.875.9091 Client Project ID. Metals Test Project Sample Number: 9250188.001 Date Collected: 09/04/03 14:30 Matrix: Water Date Received: 09/04/03 15:45 Par meters _ Results Units Report Limit Analyzed By CAS No. Qual RegLmt Metals Metals by Trace ICP Prep/Method: EPA 3010 1 EPA 6010 Arsenic ND mg/1 0.0050 09/05/03 15:26 LOG 7440.38-2 Barium 0.013 mg/1 0.0050 09/05/03 15:26 LOG 7440-39.3 Cadmium NO mg/l 0.0010 09/05/03 15:26 LBG 7440-43-9 Chromium ND mg/l 0.0020 09/05/03 15:26 LBG 7440-47-3 Leo ND mg/l 0.0050 09/05/03 15:26 LBG 7439-92-1 Selenium NO mg/1 0.0050 09/05/03 15:26 LBG 7782.49-2 Silver ND mg/l 0.0020 09/05/03 15:26 LBG 7440-22-4 Date Digested 09/05/03 09/05/03 Mercury, CVAAS. 1n Water Method: EPA 7470 Mercury ND mg/l 0.00020 09/11/03 LBG 7439-97-6 Lab Sample No: 923306682 Client Sample ID: CLASSIFIER ON RIGHT Project Sample Number; 9250188.002 Date Collected: 09/04/03 14:30 -Matrix: Water Date Received: 09/04/03 15:45 Parameters _ Results Units Report Limit Analysed BY _ CAS No. 4ua1 R@gLmt Metals Metals by Trace ICP Prep/Method: EPA 3010 / EPA 6010 Arsenic ND mg/l 0.0050 09/05/03 15:31 LBG 7440.38-2 Barium 0.032 mg/1 0.0050 09/05/03 15:31 LBG 7440-39-3 Cadmium NO mg/1 0.0010 09/05/03 15:31 LBG 7440.43-9 Chromium NO mg/l '0.0020 09/05/03 15:31 LBG 7440-47-3 Lead NO mg/l 0.0050 09/05/03 15:31 LBG 7439-92.1 Selenium NO mg/l 0.0050 09/05/03 15:31 LBG 7782-49.2 Silver NO mg/l 0.0020 09/05/03 15:31 LBG 7440-22.4 Date Digested 09/05/03 09/05/03 Mercury, CVAAS, in Water Mercury Date: 09/11/03 Method: EPA 7470 ND mg/1 0.00020 09/11/03 LBG 7439-97-6 REPORT OF LABORATORY ANALYSIS Asheville Certification IDs This report shall not be reproduced, except in full, NC Wastewater 40 without the written consent of Pace Analytical Services, Inc NC Drinking Water 37712 SC Environmental 99030 FI IUP AP FA7A4A Pepin; 1 of , Chflrlg�TR�yrtdlcation IDs NC Wastewater 12 NC Drinking Water 37706 SC 99006 FL NELAP E87627 t)�-- yk63 wary O �4 F-0rS-sso Collection System Sanitary Sewer Overflow Reporting For PART I This form shall be submitted to the appropriate DWQ Regional Office within five daysof the first knowledge of the sanitary sewer overflow (SSO). Permit Number: NC 0024538 (WQCS# if active otherwise use treatment plant NClWQ#) Facility: Owner, City of Shelby Region: City: Shelby, North Carolina County: Source of SSO (check applicable) : Q Sanitary Sewer 23 Pump Station First Broad River WW'rP ? Incident# — Mooresville Cleveland SPECIFIC location of the SSO (be oonsistant in description from past reports or documentation - i.e. Pump Station 6, Manhole at WesfaEl & Bragg Street, etc.) # 3 RmIrtulhllon Pump on Aeration Basin within the Plant Latitude (degrees/minute/second): N35 - 14'-33" Incident Started Dt 05-24-2004 Time- 7:15 am (mm-did-MY) hh:rnm AWFM Estimated volume of the SSO: 5,200 gallons Longitude (deg rees/minutelsecond): W81-34-30' Incident End Db05-2424-2004 Time' 7:41 am (mm-dd-ywy) hh:mm AM/PM Estimated Duration (Round to nearest hour 8�-- Vlaual observaVoh oftha laal( at the pump and volume that appBA/ad an the ptvund Describe how the volume was determined: Weather conditions during SSO event Geer - D Hnt Did SSO raach surface Waters? El Yes❑No ❑ Unknown Volume reaching surface waters (gallons): 5200 Surface water name: First BroadRiver r�I Did the SSO result in a fish kill? Yes I� I No El Unknown If Yes, what is the estimated number of fish kilted? SPECIFIC Cause(s) of the SSO: ❑ Severe Natural Condition ❑ inflow and Infiltration ❑ Vandalism Immediate 24-hour verbal notification repotted to: r i " r DWQ ❑ Emergency Mgmt ❑ Grease ❑l Pump Station Equipment Failure 11 Debris in line ❑ Roots ❑ Power outage Q✓ Other (Please explain in Part 11) Mr. John Lesley / Mooresville Date (mm-dd-yyyy): 05-24-2004 Time (hh:mm AM/PM): 9:00 am If an SSO is ongoing, please notify Regional Office on a daily basis until SSO can be stopped. Per G.S. 143-215.1 C(b), the responsible party of a discharge of 1,000 gallons or more of untreated wastewater to surface waters shall issue a pressrolaase within 48-hours offirst knowledge to all print and electronic news media providing general coverage in the county w ere the ischarge occurred, When 15,000 gallons or more of untreated wastewater enters Surface waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30 days. Refer to the referenced statute for further detail. The Director, Division of Water Quality, ma� take enforcement action for SSOs that are required to be reported to Division unless it is demonstrated that: 1) the discharge was caused by severe natural conditions and there were no feasible altsmatives to the discharge: or 2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the Permitthe and/or owner, and the discharge could not have been prevented by the exercise of reasonable control. Part II must be completed to provide a justification claim for either of the above situations. This information will be the basis for the determination of any enforcement action. Therefore, it is importntto be as complete as possible. WHETHER OR NOT PANT If IS COMPLETED, A SIGNATURE IS REQUIRED AT THE END OF THIS FORM. CS-SSO Form October 9, 2003 Page 1 TO 39ad O0f) AS-13HS HO hlIO 8089-b8b-POL T£:£T 17003/8Z/90 WA q � Form CS-SSO Collection System Sanitary Sewer Overflow Reporting Form PART I I ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED COMPLETE ONLY THOSE SECTIONS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART I In the check boxes below, NA = Not Applicable and NE = Not Evaluated A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWQ REGIONAL OFFICE UNLESS IT HAS BEEN SUBMITTED ELECTRONICALLY THROUGH THE ONLINE REPORTING SYSTEM Severe Natural Condition (hurricane, tornado, etch Descxibs the'severe natural condition" in detail. How much advance warning did you have and what actions were taken in preparation for the event? Comments: such as Cleaning, inspections, enforcement etc. should be available upon request.) Man was the last time this specific line (or wet well) was cleaned? Do you have an enforceable grease ordinance that requires new or retrofit of grease traps/interceptors? uY,,D No ❑ NA 1114E Have there been recent inspections andfor enforcement actions taken on neArby restaurants or other 13YX No ❑ NA ©N E nonresidential grease contributors? Sxplain. Have there been other SSO,s or blockages in this area that were also caused by grease? YedL-J No ❑NA NE VVhan? If yes, describe them: Have cleaning and inspections ever been increased at this location? ❑YM No G NA El NE Explain. CS-SSO Form October 9, 2003 Page 2 Z0 39ad - oon AE-13HS JO AIIO 8089-17817-b0L ZE:ET b00Z/8Z/90 05/28/2004 13:31 704-484-6808 CITY OF SHELBY UOC PAGE 03 £ aBed soaz'Baaq°o wood agg sa LI/l sasseippe 'aN❑VNDON [YsA[] 4ny4jimod Aue ut ejnpagos a ene4 noA op jo (4uesuoa Aq jap30 Iviords) OOS usaepun noA wV lug Uolleilluul push mogul :s}uawwoo Luagm `seh;l 3N0dN oN �ah� — ZineA 4sed gig unpiM paoap!n as p040a4 a�!ows ueaq au11 et4} seH ,�uo!sru4u! 4oca aonpej of u0140001 OSS eg14s peuueld aje suo!4ss aA!pojjoo 4uLIM G(OSS e44 4}!M PG4eaosse p wa:pAs Bu!pununs pus) uoReo41 OSS o444e pagslldw000e u®eq aneg suor4ae eA!l00.Uo04egM :u!a!dx�j 3N VN[] ON LYQA 4t 4ow 4o esn6naq uoyeoo! slg14e peseajow uasq Jana suogoedsul pue Buluee!n QAeH 3N©VN[1QR ETah:1 �NOVN❑oN Ere1111 3N[DVN[:]oN [T�h❑ equasep &we Owd jw4uo0400a an140e ue ene4 nOA op s�ao� :%tiewwoO j uee!o %Bog qqj e~ �,uoge!nwnooe esiowB jo; paMovt4a 4s i edwnd pus pam 4am e4} sum ua4m `uoge:s dwnd a }a pwan000 Ogg sy44I 0!01*3 4w04m C4 pue LU04AA A}sed eq4 w pe4nq!As!p uaeq aseeap 4nogs s!eueaew !euoponpe eA13H 05/28/2004 13:31 704-484-6808 CITY OF SHELBY UOC PAGE 04 p a6r#d £ooZ'61ago;oo wlod 088-SO s@A� (uogaolunLuwoo Aom-atio) 1,4aulelWJ$lelp-o4nV &ueswd ale swa}sits Miele/uogeog4ou p pupl JEL M }san ea ua n papIAoa aq inowls ;�a •al$ spJpoI]Ijs8; jo UUI}L}wlawnoo(]aJnlle;j luewU In iluol}I3}$ wund :syuawwoo guogeool slq;;e sOSS pu;olw 1/1 e1n;r4;ueAeld % pauueld ale suopog angaaLoa lewpa lagM :ulaldxe 'seA31 3NO VNrj ON []f$AU ¢Aguoow pataedsul uaaq weeAsdn pun U04BOol OSS ot; ul s1a4em eoupna 6ugae;uoo Seidl lls aAUH :uialdxa 'saA;I 3N j1 VND °N EraAn 4siehWa w1o4s 14!fA suopBaUUoo sso17 Jo mollul jo s$o1nos 1o(aw Au6 pa&na noA oa :ulsldxa 'seA jI 3N t/N oN BA 4%oafotd uo.4onpa1 VI 1ol suogWlldde ueol 103ue.J6llus uaeq eJogl aneH :ulsldxa 'sgA jI BN VN bN EreA n iuEld ivawanaidwl le;ldep JnoA ul SWg6Jd pa;alal III eUagl a1V :suolpe Lone }o srge;s eqi pUs A1US5e0eu ale suotpe;oyM %votpul pue.uagM 'seA bl 3N bN ,DN 091RA 41eaA;sed Oql LI!LW peoeplA Jo pe;sa; eqouJs uaaq ®ull aq; seH Lpu®wLuooeJ 11 P1p suor;ao legM pue pe;oidwoo �(pn;s eta aem uagm '59J }l l.J 4A❑ Luol}aool OSS pL4In wa;%As uopoapoo at4 ul swalgold III eulalta;ap (4 selpnis mog Aue uaaq Walg seH 3u� VN� ON 41e0A 4551 041 UILIPM ELM uogeaol l,Ids sty;;e smopQAa pg4elea t T 1 aloulwlle Jo aonpal C% ua�l94 uaaq @Ae4 auor;ola antlaaJJo0 4 :seA;l ulald)S Audible aes Visual Ely.. SCADA (two-way communioatlon) ©y.$ Emergency Contact Signage Yes Other 0Yas Desedhe the equipment thatfalled? 15 HP Turbine Pump that is used to miX MLSS In Aeration Basin / Packing Gland Assembly Slew out and leaked around shaft What kind of situations t'iggeran alarm condipon at this station (i.e. pump failure, power failure, high water, etc.)? Visual by Operator Were notiflcation/alarm systems operable? Yeau No NA NE If no, explain: This pump is part of the plant treatment process, SCADA has a "RUN" - "OFF" Capibility only If a pump failed, when was the last maintenance and/or inspection performed? Visual inspection 18 hours prior to event by Plant operator / Maintenance during previous week by Maintenance Crew What specifically was chacked/maintained? Visual Inspection for leaks and proper operation I Checked Packing and greased If a valve failed, when was it last exercised? Mre all pumps set to altamate? ❑Y..D ❑✓ NoNALENE Did any pump show above normal run times prior to and during the SSO event? 13Yes0 No EINA1_..1NE Were ad6qu6ta spare parts on hand to fix the equipment (switch, fuse, valve, seal, etc.)? ®Yeeu No [] NA❑ NE Was a spare or portable pump immediately avalleblo? l_i yJ71 No ❑ NA I_`'J NE If a float problem, when were the floats last tested? How? If an auto -dialer or SCADA, when was the cyst m last tested? How? Comments; CS-SSO Form October9, 2003 Page 5 90 39ad oon AS-13HS d0 AiI0 8089-b8b-b0L TE:ET b00Z/8Z/90 Power outs a Documentation of testing,records, etc_ should be provided of alternative power source upon request.) What is your altemato power or pumping source? n� Did itfunation properly? Yea❑ No LINA NE Deseribe? When was the alternate power or pumping source last tested under load? if caused by a weather event, how much advance warning did you have and what actions were taken to prepare for the event? Comments' Vandalism Provide police report number: War, the site secured? if Yea hnw7 Padlocked Control Panel Have there been previous problems with vandalism at the SSO location? If Yes, explain: IIY.LJ No0NA11NE NoUNAI_INE What security measures have been put in place to prevent slmilar occurrences in the future? BY4,0 No EINA D NE Comments: Debris in line (Rocks, sticks,_ rags and other What type of debris has been found in the line? How could it have gotten there? Are manholes in the area secure and irdact? uy.;u N.L NA NE CS-SSO Form October9,2003 Pago 8 90 39Vd oon AS-13HS JO AlI3 8089-b8b-b0L TE:ET V003/83/90 05/28/2004 13:31 704-484-6808 CITY OF SHELBY UOC PAGE 07 L abed �N©VNaON IJ aAQ SooZ ,a jogo po w10A oss-so :s;uewwoo :papaeN 81 uo4euUo4ul !eu04!PPH;euM '98A M 1-jodaZj ua;;u/N !euo4!ppV ue pa;sanbel:{ bMa N95 ash Loma aoi :s;uewwo0 toss oLg p �ogdwl o4; uesse! eq;ou p!noo we!goad aq�;l :u!e!dxe 'sa);l 3N I " I VN `" i oN Ef"® i.wa!goid eq; xg o; algel!ene SOOMOM pue }uowd!nbe a unbape OJGAA :equnsed Isen as ua n ajgejjene eq prnoUs Sao ej iaollod a pue sawn}aid aau}p :s;uewwoo zsaoua.un000 3N [:] VNE] ON LrahD aol!wls am}n;;ueneud o3 pe}nq!-4%!p pUe podolanap 6u!eq s!auegaw !euoponpa eyeudoldde aiv :u!eldx3 3N[]VNLj ON ❑60A[] 65!Agap qj!n^ swe!goad snolAald o; enp uognool sty};e pesaelow uaaq JOAO suo!loadsul pue SUIUaa!P aAl2H ipauea!olpe)ioayo leal ease aq; Senn ue4M - As a representative far the responsible party, 1 certify that the information contained in this report is true and accurate to the best of my knowledge. Person submitting claim: 5ignatur Telephone Number: Date: -j-1A 7 Je K Title: tr]iQ ✓/VrC-W,OdMZT" Any additional information desired to be submitted should be sent to the appropriate Division Regional Office within five daye of first knowledge of the SSO with rafarence to the incident number (the incident number is only generated when electronic entry of this form is completed, if used). OS-880 Form October9, 2003 Page 8 80 39dd oon A9-13HS 30 AlI0 8089-b8b-b0L ZE:EZ b00Z/8Z/90 F, metalsAmerica Inc The International Metals & Chemicals Group 135 Old Boiling Springs Road, Shelby, NC 28152 phone: 704-471-6505 fax: 704-471-6513 email: dick@imc-group.com Date: April 4, 2003 RECENED Mr. John Leslie Division of Water NCDENR 919 N. Main Street Mooresville, NC 28115 Dear Mr. Leslie, APR 0 9 2003 »U f th 1biorWA�r You asked me to report on the spill of a tote of sulfuric acid on the driveway of our facility on the afternoon of April 1, 2002. When you called me you mentioned that someone from the Hazardous Waste Section of NCDENR would be visiting our site shortly. Ms. Spring Allen, Waste Management Specialist, Hazardous Waste Section, Division of Waste Management did arrive soon thereafter. She visited our spill location on our plant driveway and saw our cleanup activity. I enclose a copy of my report to her which has additional details of the cleanup and hope that it may answer any questions which you may have. Richard W. Strachan, Technical Director metalsAmerica Inc The International Metals & Chemicals Group 135 Old Boiling Springs Road, Shelby, NC 28152 phone: 704-471-6505 fax: 704-471-6513 email: dick@imc-groLip.co Date: April 4, 2003 Ms. Spring Allen, CHMM Waste Management Specialist NCDENR P.O. Box 1572 Waynesville, NC 28786 Dear Ms. Allen, W APR 0 9 2003 mCMPT OFENVIktimor-W MYUM PAMMES This is to report that we have finished the cleanup on our property of the three hundred gallon spill of sulfuric acid. You saw our efforts during your visit on April 2, 2003. We have recovered several 55 gallon drums of contaminated dirt from the margin of our plant driveway where the acid flowed. I told you during your visit that Mr. Steve Talbot of the City of Shelby wastewater department visited our site and checked Brushy Creek, 1,000 feet to the rear of our property for any contamination and found none. He also checked our waste water treatment facility records to ensure that our discharge pH remained with specifications. I told you that we would send this dirt off to a secure landfill. Upon reflection, it occurs to me that we can bring this material into our plant and wash it. We used sodium carbonate to neutralize the acid, and the dirt which we dug up is a mixture of sodium carbonate with perhaps some residual sulfuric acid. The reaction products and the reactants are all water soluble. The wash water which we use will go to our waste water treatment plant. There are no other hazardous substances in any of the reactants or the dirt. Therefore, I plan to wash the dirt, remove the solubles, test for pH and then return the dirt to the edge of the driveway. This will reduce cost and eliminate a lot of paperwork. I hope that you agree that this is an environmentally friendly procedure and is technically suitable as well. Richard W. Strachan, Technical Director REPLY TO ATTENTION OF: Regulatory Division Action ID. 200231220 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 151 PATTON AVENUE ROOM 208 ASHEVILLE, NORTH CAROLINA 28801-5006 January 27, 2002 (C VAC DEFT. CF Mu'�@RRON'f. ff AND NATURAL RESOURCE2 D100RESVILLE a'-"iU AL ®FF8CE Mr. Richard Yount Dicey Fabrics, Incorporated Post Office Box 1090 Shelby, North Carolina 28151-1090 Dear Mr. Yount: AN 2 8 2003 WAM SAUTY ZE py Reference your letter dated December 16, 2002 in which you requested that the temporary dam you installed in the First Broad River adjacent to Dicey Mills, in Shelby, Cleveland County, North Carolina be allowed to remain in place indefinitely. Also reference our letter dated August 15, 2002, authorizing the placement of the dam for the purpose of raising the water level in the river during a period of severe drought in order to re -submerge the plant's water intake. As you are aware, our permit was conditioned such that the dam would be removed in its entirety by December 25, 2002. During a recent field inspection, we observed that higher water levels have returned to the river and that the dam is no longer needed to supply water to the intake. Therefore, the dam must be removed as stated in the permit. In the event that you would need to reinstall the dam, we are committed to the timely review of your proposal to avoid any delay of the plant's operation. If you have any questions, please contact the undersigned in the Asheville Regulatory Field Office at (828) 271-7980, Extension 5. Sincerely, S x .`. -� Stephen D. Chapin Regulatory Specialist Copy Furnished: Mr. Mike Parker North Carolina Department of Environment and Natural Resources Division of Water Quality 919 North Main Street Mooresville, North Carolina 28115 r o � h,^11 1 i William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 1911 Alan W. Klimek, P.E. Director i Division of Water Quality September 16, 2002 The Honorable Clarence Withrow, Mayor Town of Kingstown 2014 Kingston Road Kingstown, North Carolina 28150-8665 Dear Mayor Withrow: SEP 17 2002 SUBJECT: Town of Kingstown 201 Facilities Plan Amendment Wastewater Collection and Transport System Project No. CS370858-01 CL1v9L*x) J GP The Construction Grants and Loans Section has completed its review of the subject town of Kingstown 201 Facilities Plan Amendment. A copy of the comments resulting from this review is attached for your reference. These comments are also being sent directly to your consulting engineer, The Wooten Company, by copy of this letter. A revised 201 Facilities Plan Amendment that incorporates responses to these comments should be submitted for our review and approval as soon as possible. Providing thorough and complete responses to these review comments in a timely manner is necessary to avoid delays of the project approval. If you have any questions concerning this matter, please contact Mr. Zi-Qiang Chen at (919) 715-6208 or contact me at (919) 715-6225. Si cerely, f - K. Lawrence/Horton, III, P.E., Supervisor Facilities L/valuation Unit ZC/dr Attachment: (all cc's) cc: Clarence M. Lockamy, P.E., The Wooten Company r° �_t @Rees; �illle 7 7 7 t i �": - Daniel Blaisdell, P.E. Reginald Sutton, Ph.D. Zi-Qiang Chen, Ph.D. PMB/DMU/FEU/SRF Construction Grants and Loans Section 1633 Mail Service Center Raleigh, NC 27699-1633 (919) 733-6900 E-Mail Address www.nccgl.net FAX (919) 715-6229 T'" A `CDE R Customer Service 1 800 623-7748 TOWN OF KINGSTOWN Technical Review Comments 201 Facilities Plan Amendment For Wastewater Collection and Transport System Project No. CS370858-01 September 16, 2002 I. General 1. Please note that approval of the Facilities Plan Amendment does not constitute approval of sole source procurement. Plans and specifications must comply with N.C. General Statute Chapter 133, Section 3, prior to their approval. 2. Provide documentation that an inter -local agreement with the city of Shelby is currently in place, or that the city is planning to complete an agreement. This information, in the form of a final agreement, must be provided to Construction Grants & Loans before plans and specifications are approved. 3. Reimbursements from a loan under the SRF program may not be issued until the user charge system and sewer use ordinance have been approved. 4. A loan from the North Carolina Water Pollution Control Revolving Loan Fund is contingent on the review and approval of the proposed loan by the Local Government Commission. Does the town intend to make connection to the sewer system mandatory? In order to maximize the public health and environmental benefits of the project, it is strongly recommended that connection to the sewer system be mandatory. 6. All real property associated with the project must be acquired in accordance with the Uniform Relocation and Real Property Assistance Act of 1970. The following costs are not eligible for funding under the Act: a. The costs of acquisition of sewer rights -of -way (i.e., legal, administrative, and engineering). b. Any amount paid by the recipient for eligible land in excess of just compensation based on appraised value, negotiation, or condemnation proceedings. 7. Include the following in a section in the 201 Plan that addresses Public Participation: Page 1 of 5 a. Public meetings in early stages of the project development are encouraged. These meetings can be regular town board meetings in which the project is discussed. Include a summary of public meetings as part of the Facilities Plan. b. One public hearing with 30-day notification is required. A copy of the Facilities Plan should be available for review by the public at least 15 days prior to the public hearing. The hearing should identify the problem, discuss the selected alternative, identify the size of the projected loan, discuss any associated inter -local agreements, and identify the effect this project will have on the monthly sewer bill for a typical residential user. c. Place an advertisement for the hearing in the local newspaper that identifies the time and location of the public hearing, advises when and where a copy of the Facilities Plan can be observed, provides a brief description of the proposed project, advises how much funding is required, and identifies the source of funding. d. Provide a transcript or detailed summary of the hearing, an affidavit of publication of the hearing notice, and a copy of the resolution from the governmental unit agreeing to implement the selected alternative. The owner and consulting engineer should be advised that after approval of the Facilities Plan Amendment, there are several construction project permits, approvals, certifications, etc. that must be obtained before the project plans and specifications can be approved, and before the project is advertised for bids. Therefore, it is strongly recommended that preliminary work to obtain the following items, if applicable, begin as soon as possible: a. Sedimentation and Erosion Control Permit from the Division of Land Quality, or a letter from them stating that no permit is required for this project. b. 401 Water Quality Certification and Army Corps of Engineers 404 Permit for all stream crossings, or a letter from the Army Corps of Engineers and from the Wetlands 401 Certification Unit stating that none is required for this project. c. Section 10 Permit for aerial crossings of navigable waters, or a letter from the Corps stating that none is required for this project. d. A reasonable subsurface investigation that must be made available to the contractor. If it is not included in the specifications, the specifications must advise where a copy of the report can be observed. Typically, Construction Grants and Loans expects a boring about every 500 feet and at each road crossing for line work, and at all major structures like pump stations, aeration basins, and clarifiers. Page 2 of 5 e. NCDOT Encroachment Agreements and Railroad Encroachment Agreements. Copies of these agreements must be provided in the specifications, or it must be documented how all construction requirements, associated with the agreements, have been incorporated in the plans; f. All construction easements, permanent easements, and rights -of -way. These easements and rights -of -way must be shown on the plans. II. 2.0 Proiect Planning Area 1. Page 4: The referenced "growth area" flow cannot be added to the 20-year design flow unless this area is currently in the 201 Planning Area, or it is incorporated into the 201 Planning Area. 2. Provide some narrative that compares the population proposed to be served with the total population of the service area. III. 3.0 Existing Facilities Page 5: Provide a copy of the NPDES limits pages and advise of the ability to comply with the existing limitations at the city of Shelby VWWTP. IV. 4.0 Need for Proiect 1. Page 9: In the table of "Estimated Average Daily Flow (ADF)", both the residential and commercial flow estimates seem low. Typically, a residential flow value is based on 70 gpd per capita of the projected growth in residential population; whereas, a commercial flow value is based on 15 gpd per capita. Please recalculate the flow values in the table and provide an estimate of the future wastewater flow amount using the following SRF criteria for eligibility: a. Provide current residential, commercial and industrial flows, and any planned industrial flows, with a letter of intent as justification. Future FI should not be included in the flow projections b. Provide 20-year flows and residential growth based on population projections. Typically, this flow value is based on 70 gpd per capita of projected growth in residential population. Provide 20-year commercial growth based on population projections. Typically, this flow value is based on 15 gpd per capita of projected growth in residential population. d. 10% Industrial Reserve (based on 10% of current flows excluding FI). Page 3 of 5 V. 5.0 Alternatives Considered 1. Pages 9 - 21 and Exhibits V thru VIII-A: Provide the preliminary engineering calculations for the sewer lines, pump stations, and force mains. Also, confirm the capacity of the gravity sewer lines to carry a peak daily flow of 2*ADF at % full. 2. Please confirm that the proposed project design will comply with NCAC 2H.0219 — Minimum Design Requirements. (A copy of .0219 is attached for reference). VI. 6.0 Estimates of Probable Cost and Present Worth Analysis 1. The EPA discount rate for present worth analyses that applied to projects beginning on or after October 1, 2001 was 6.125%. The present worth analyses should use this discount rate for converting O & M costs and salvage value to present worth. 2. Salvage Value: A useful life of 15 years for equipment, 40 years for collector sewers, 20 years for pump stations and force mains, 50 years for structures, and 20 years for all other facilities should be used for the salvage value present worth calculations. 3. Page 22, 6.1 Conventional Gravity Collection System and Exhibit VI: The unit cost of $37/lf for 8-inch sewer appears to be high. Please confirm that this unit cost is based on current construction costs. Revise the cost estimate if needed. 4. Page 22, 6.2 STEP System and Exhibit VIII: Please confirm that the following items were included in the determination of the present worth for the STEP system: a. Was the homeowner's monthly power cost included in the determination of the present worth of O & M? b. Was the cost of cleaning the septic tanks every 3 - 5 years included in the determination of the present worth of O & M? The narrative should indicate how this cost would be paid, and this should be stated during the public hearing. c. Was the cost of periodically replacing the STEP system pumps included in the present worth of O & M? d: Does the construction cost estimate include the cost of electrical wiring and controls equipment and installation? e. Does the construction cost estimate include provisions for odor control? f. Exhibit VIII does not appear to include costs for replacing the existing septic tanks, removing and disposing the septage in the existing tanks, or closing the existing tanks. Please add these costs to the construction cost estimate. Page 4 of 5 VII. 9.0 Infrastructure Financing 1. The estimated user charges appear to be high. If expected user charges exceed 1.5% of the County's median household income, the project will be considered by EPA to be an "expensive" project and will warrant further evaluation of alternatives. Therefore, options to reduce the total project cost and annual O & M cost should be Considered. Other options could include a High Unit Cost Grant, contributions from other agencies, reduction in service area to include only the most densely populated areas, reduction in scope, etc. 2. The project cost should include a 2% loan -closing fee for the SRF loan. 3. Page 24 & Page 41: Please provide some additional information concerning the determination of the 6,250 gallons average monthly usage. Usually, an average amount of 5,000 gallons per month is used to calculate the user charge. Considering the narrative in sections 2.0 and 3.0 that indicated lower flows than usually expected, the 6,250 gallon/month amount seems high. Please calculate the present worth and user charge based on 5,000 gallons/month, unless there is an adequate basis for another estimated average monthly usage amount. 4. A loan interest rate of 3% was used to estimate the SRF loan debt service; however CG&L cannot guarantee that this will be the rate at the time of the loan. We recommend using a conservative rate of 4% (the maximum the loan can be) to estimate the user charge instead of 3%, or in addition to 3%, as a worst -case scenario. Page 41: Expected revenue from user charges should be based on the first year's billable flow. Anticipated disbursements should include the first year's principal and interest payments and the first year's operation and maintenance cost. The debt service does not appear to have been calculated correctly. The first year's payment must be determined based on equal principal payments over the 20-year period and simple interest with declining annual payment. For example: Loan amount = $5,000,000, Interest rate = 4% Principal payment = $5,000,000/20 = $250,000 First Year's interest = $5,000,000 * 0.04 = $200,000 Total First Year Payment = $250,000 + $200,000 = $450,000 6. Please provide an update concerning the status of the Rural Center Unsewered Communities Grant. All other sources of funding must be confirmed so that the user charge can be estimated before the 201 Plan will be approved. Page 5 of 5 F ��'a h Michael F. Easley, O ,� y, Governor J Q William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources E Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality May 2, 2002 Honorable David L. Lattimore, Mayor Town of Kingstown 2030B Kingston Road Kingstown, North Carolina 28150 SUBJECT: 201 Facilities Plan Amendment Greater Cleveland County Kingstown, North Carolina Environmental Justice Requirement Project No. CS370858-01 Dear Mayor Lattimore: The U.S. Environmental Protection Agency, Region IV, requires Environmental Justice (EJ) to be integrated into the Clean Water and Drinking Water State Revolving Fund Programs. Therefore, Executive Order 12898 - Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations - is a federal cross cutter that must be implemented as apart of the state environmental review process. This objective must be accomplished before a Finding of No Significant Impact can be issued for an applicant to receive financial assistance from the State Revolving Fund. Guidance for implementing EJ is provided to assist the SRF applicant in incorporating this requirement as a part of the 201 Facilities Plan. If you have questions concerning this matter, please contact me at (919) 715-6223. Sincerely, Reginald R. Sutton, Ph.D. Environmental Assessment Coordinator RRS/nw Attachment (all cc's) cc: Clarence Lockamy, P.E., The Wooten Company Rex Gleason, Mooresville Regional Office Larry Horton, P.E. Daniel Blaisdell, P.E. PMB/DMU/SRF Construction Grants and Loans Section 1633 Mail Service Center Raleigh, NC 27699-1633 (919) 733-6900 E-Mail Address www.nr-cgl.net FAX (919) 716-6229 Customer Service 1 800 623-7748 GUIDANCE FOR IMPLEMENTING ENVIRONMENTAL IUSTICE Executive Order 12898 - Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations - requires the applicant to determine what impact the proposed project will have on minority and low-income populations. This objective must be accomplished before a Finding of No Significant Impact (FNSI) can be issued for an applicant to receive financial assistance from the State Revolving Fund (SRF). The task of accomplishing this objective involves the following: 1. Identify and document the existence of all minority and low-income populations in the service area or such populations that exist in proximity to the service area. 2. If minority and/or low-income populations exist, an explanation must be provided if there are disparities in the provision and location of sewer treatment and transport facilities between the general population and the minority and/or low-income populations. 3. The report needs to document if the minority and/or low-income populations have suffered historically from environmental management/public facilities such as sites for wastewater treatment, sludge disposal, land treatment, landfills, recycling centers, incinerators, hazardous/nuclear disposal, and prisons. If the minority and/or low-income populations are impacted by the proposed plan, did the citizens have the opportunity to participate in the decision -making process? If the subject populations have not participated in the decision -making process, additional public participation efforts may be required. 4. If the minority and/or low-income populations are impacted disproportionally and adversely, the applicant may need to reevaluate alternatives and develop mitigative measures to minimize adverse impacts. The Honorable David L. Lattimore, Mayor Town of Kingstown 2030B Kingston Road Kingstown, North Carolina 28150 Dear Mayor Lattimore: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. Acting Director i'dC �„^ � Diy�siomof�V�tg�q�ality AND R�"s'flLIR ES May 9, 2002 MAY 1 3 2002 ?E�IM QF": Res' `F.. 'M SUBJECT: 201 Facilities Plan Amendment Greater Cleveland County Kingstown, North Carolina Environmental Review Comments Project No. CS370858-01 The Construction Grants and Loans Section has completed the environmental review of the Kingstown portion of the 201 Facilities Plan Amendment for Greater Cleveland County, and the environmental review comments are attached. The technical review has not been completed, and comments will be submitted when the review is completed. If you have questions concerning this matter, please contact me at (919) 715-6223. Sincerely, V.(./ �Z�6� Reginal utton, Ph.D. Environmental Assessment Coordinator RRS/dr Attachment (all cc's) cc: Clarence Lockamy, P.E., The Wooten Company Rex Gleason, Water Quality Supervisor, Mooresville Regional Office Larry Horton, P.E. Daniel Blaisdell, P.E. Robert Brown SRF Construction Grants and Loans Section 1633 Mail Service Center Raleigh, NC 27699-1633 (919) 733-6900 E-Mail Address www.nccgi.net FAX (919) 715.6229 Customer Service 1 8W 623-7748 TOWN OF KINGSTOWN PORTION OF THE 201 FACILITIES PLAN AMENDMENT FOR GREATER CLEVELAND COUNTY Environmental Review Comments Project No. CS370858-01 May, 9, 2002 General 1. The location of the proposed collection system and transport pump station/force main needs to be identified on an 8'/z x 11 topographical map. Pipe lengths and diameters can be inserted in a box on the map. 2. A public hearing needs to be advertised and held. The advertisement must be documented with an affidavit of publication, and a record of the public hearing presentation must be provided. 3. A letter dated May 2, 2002 was sent to Mayor Lattimore about incorporating Environmental Justice (EJ) into the proposed plan. The request for information about EJ is duplicated below to assure compliance with this requirement. Executive Order 12898 - Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations - requires the applicant to determine what impact the proposed project will have on minority and low-income populations. This objective must be accomplished before a Finding of No Significant Impact can be issued for an applicant to receive financial assistance from the State Revolving Fund. The task of accomplishing this objective involves the following: a. Identify and document the existence of all minority and low-income populations in the service area or such populations that exist in proximity to the service area. b. If minority and/or low-income populations exist, an explanation must be provided if there are disparities in the provision and location of sewer treatment and transport facilities between the general population and the minority and/or low-income populations. c. The report needs to document if the minority and/or low-income populations have suffered historically from environmental management/public facilities such as sites for wastewater treatment, sludge disposal, land treatment, landfills, recycling centers, incinerators, hazardous/nuclear disposal, and prisons. If the minority and/or low-income populations are impacted by the proposed plan, did the citizens have the opportunity to participate in the decision -making process? If the subject populations have not participated in the decision -making process, additional public participation efforts may be required. d. If the minority and/or low-income populations are impacted disproportionally and adversely, the applicant may need to reevaluate alternatives and develop mitigative measures to minimize adverse impacts. Section 8.1- Existing Environment and Exhibit XIII 1. The specific location of "supporting and partially supporting" stream segments should be identified on a map. What are the reasons why some streams are "partially supporting" of designated uses? Section 8.4 - Environmental Consequences 1. Will any of the proposed wastewater collection and transport pump station/force main facilities be located in the 100-year floodplain or within wetland areas? Habitat types should be identified for the transport force main route from Kingstown to Shelby. Will the proposed project require clearing any undisturbed areas? 2. What is the source of potable water that is provided by the Cleveland County Sanitary District? 3. The location of all stream crossings should be identified on a map. Will any stream crossings be required for the transport force main to be installed from Kingstown to Shelby? Have stream crossings by directional boring been considered? 4. A discussion of cumulative and secondary impacts needs to be included in the document. Does the town have policies and ordinances for protecting stream buffers, floodplains, and wetlands? Agency Review Comments 1. Several agencies reviewed the plan. The attached comments from the Division of Water Quality's Local Government Assistance Unit, N.C. Wildlife Resources Commission, Division of Parks and Recreation, and U.S. Fish and Wildlife Service must be addressed. Comments from the Division of Environmental Health, Mooresville Regional Office, and Division of Air Quality are provided for information and planning purposes. Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality February 26, 2002 MEMORANDUM TO: Melba McGee Department of Environment and Natural Resources Af FROM: Milt Rhodes Division of Water Quality SUBJECT: SEPA Review of DENR Project Number 1173, Greater Cleveland County Sewer Improvements, Kingstown Wastewater Collection and Transport System The Division of Water Quality (Division) has reviewed the EA and 201 Facility Plan for this project. This project will involve the construction of a municipal sewer collection system for the Town of Kingstown. Currently no public sewer serves the Town. Public water is provided. The project will help the community eliminate health hazards associated with failing septic systems and associated leach fields. The 201 Plan indicates a desire to partner with the City of Shelby for the operation and maintenance of the wastewater system and wastewater treatment. The project proposes to provide services primarily to existing built areas, but alludes to expansions outside of present town boundaries. It is stated that utility construction is indicated to occur within existing street right-of-way and two stream crossings will occur utilizing the open cut method. There is concern regarding secondary and cumulative impacts associated with new development facilitated by the phases of this project associated with the extended service area. Some changes in land use are anticipated to "occur or be accelerated" by the existence of a collection system. In addition, development with access to sewer will likely be developed at higher intensities, which can have a direct and detrimental effect on water quality if appropriate mitigative measures are not incorporated by the local government. Areas developed at higher intensities can produce large quantities of sediment during construction and deposit high concentrations of stormwater pollutants in aquatic systems. These pollutants are likely to have greater and longer lasting impacts to downstream habitats than the original utility installation mentions in the environmental document. Uncontrolled high volumes of stormwater can cause instability in stream banks and reduce the functionality of fish and wildlife habitats. Secondary and cumulative development associated with suburban development typically causes loss and fragmentation of terrestrial habitats as well as additional aquatic impacts. Local land use planning can be a significant influence on the impacts to water quality. Taking steps to avoid and minimize impacts to water quality by incorporating stormwater management and riparian protection measures to protect natural stream and wetland buffers and ecosystems. These measures can include permanently protecting riparian buffer zones, or requiring the use of stormwater treatment technology for all sites developed at higher intensities. Additionally, it is �"�' recommended to protect the entire 100-year floodplain from fill and development These areas N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 NCDEhi Customer Service g (919) 733-7015 1 800 623-7748 provide natural zones for stormwater retention and filtration and can also provide recreational spaces in the form of greenway trails. It is recommended that the maximum available forested buffers along perennial and intermittent streams be maintained. By maintaining this buffer with a forested canopy, these areas will provide both recreational and aesthetic amenities while protecting riparian habitat and water quality. Comprehensive stormwater management plans should also be developed as areas continue to be influenced by potential impacts associated with higher intensity land uses served by sewer infrastructure. At this time, the information provided does not address secondary and cumulative impacts sufficiently for us to make definite recommendations or conclusions concerning long term impacts to the area and the watershed. The initial phase involving the provision of sewer services to the existing community does not appear to be a significant concern. Therefore, we can concur with the proposed first phase and agree public health concerns for the Town can be met. If there will be significant growth caused by additional phases or sewer extensions into rural areas, these impacts should be addressed through additional 201 Plan Modifications and environmental reviews. Please refer to the recommendations provided by the Wildlife Resources Commission for assistance in addressing these issues. Thank you for the opportunity to comment Charles R. i'ulkvood, Executive Director MEMORANDUM TO: Melba McGee, Legislative and Intergovernmental Affairs Dept. of Enviroru-nent and Natural 11esources FROM: Ron Linville, Regional Coordinator Habitat Conservation Program DATE: February 7, 2002 SUBJECT: State Clearinghouse Project No. 1173, 201 Plan Amendment and Environmental Assessment, Town of Kingstown, Greater Cleveland County This correspondence responds to a request by you for our review and comments on the 201 Plan Amendments and the Environmental Assessment (EA) for the above referenced project. These comments are provided in accordance with the provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d.) and the North Carolina Environmental Policy Act (G.S. 113A-1 through 113A-10; 1 NCAC 25). This project will involve the construction of a municipal sewer collection system for Kingstown. Public sewer does not serve the Town although public water is provided. The community needs to eliminate health hazards caused by failing septic tanks and distribution fields. The 201 Plan indicates a desire to partner with the City of Shelby for the operation and maintenance of the wastewater system and wastewater treatment. The first phases of the proposed project wJ11 provide services primarily to existing built areas. All utility construction is indicated to occur within existing street right-of-way with no impacts to wetland resources according to the 201 document. Although we agree that unsanitary conditions should be addressed, we are concerned about any secondary and cumulative impacts from new development facilitated by later phases of this project. Some changes in land use are anticipated to "occur or be accelerated" by the collection system. Rapidly developing areas routinely produce large quantities of sediment from construction and stormwater pollutants. These pollutants are likely to have greater and longer lasting impacts to downstream habitats than the original utility installation. High volumes of stormwater from urbanized areas can exert negative impacts on stream stability as well as fish and wildlife habitats. Secondary and cumulative development associated with growth typically causes loss and fragmentation of terrestrial habitats as well as additional aquatic impacts. { {a=eS $: LJ �'t�if)(i j1 li•_t t { [ ')-+ 99 —7 Town of Kingstown 2 February 7, 2002 Efforts should be made during local land use planning to incorporate stormwater management and riparian protection to protect natural stream and wetland buffers and ecosystems. We recommend protecting the entire 100-year floodplain from fill and development. These areas can provide green ways or natural parks as well as provide stormwater retention and filtration. We recommend maintaining maximum available forested buffers along perennial and intermittent streams. If maintained in forest, these areas will provide both recreational and aesthetic amenities while protecting riparian habitat and water quality. In addition, a comprehensive stormwater management plan is recommended to protect area streams from urban pollutants that will be generated by urban imperviousness. At this time, the information provided does not address secondary and cumulative impacts sufficiently for us to make definite recommendations or conclusions concerning long term impacts to the area and the watershed. The initial phase providing sewer to the existing community does not appear to be a significant concern. Therefore, we will not object to the project phases that will resolve public health concerns and issues for the Town. If there will be significant growth caused by additional phases or sewer extensions into rural areas, these impacts should be addressed through additional 201 Plan Modifications and environmental reviews. The attached information should be helpful in evaluating secondary and cumulative impacts. They also provide specific comments about utility installations. Attachments: General Guidelines for Environmental Reviews Utility Line and Sewer Line Avoidance and Minimization Recommendations Town of Kingstown February 7, 2002 General Guidelines for Environmental Reviews Due to staff limitations, this standardized response was developed. Although some of the information, requests and comments may not be applicable to certain projects, these guidelines should facilitate preparation of fish and wildlife Environmental Assessments (EA) or Environmental Impact Statements (EIS). In addition to addressing site specific concerns, the environmental document should include a detailed assessment of existing natural resources within the areas of potential development and should discuss the potential of mitigating development impacts to wetlands, streams and high quality floodplain and upland habitats. To provide a meaningful review of the EA or EIS prepared for the project(s) secondary and cumulative impacts, we request that project consultants and sponsors provide the following information: 1) Description of fishery and wildlife resources within the project area, including a listing of federally or state designated threatened, endangered, or special concern animal and plant species in the project area and any areas that may be impacted by secondary or cumulative impacts within the sub -basin. A listing of designated species can be developed through consultation with: Mr. Steven Hall of the North Carolina Natural Heritage Program (919/715-8703) or Mr. Mark Cantrell of the US Fish and Wildlife Service (828/258-3939, ext. 227). 2) Description of waters and/or wetlands affected by the project(s). 3) Project map identifying wetlands and intermittent as well as perennial streams in the area. Identification of wetlands may be accomplished through coordination with the U.S. Army Corps of Engineers. If the Corps is not consulted, the person delineating wetlands should be identified and criteria listed. 4) Description of activities that will occur within streams and wetlands, such as fill or channel alteration. Acreage of wetlands impacted and linear feet of stream channels to be relocated, channeled, culverted or disturbed by some other means by alternative project designs should be listed. 5) Description of project site and non -wetland vegetative communities. 6) Description and cover type map showing acreage of upland wildlife habitat impacted by the project. 7) Discuss the extent to which the project(s) will result in loss, degradation, or fragmentation of wildlife habitat. 8) Discuss any measures proposed to avoid or reduce impacts of the project or to mitigate for unavoidable habitat losses. Town of Kingstown 4 February 7, 2002 9) Discuss the cumulative impacts of secondary development facilitated by the proposed utility improvements and any interrelated infrastructure projects, especially the impacts to water quality and habitat in the impacted watershed(s). Such discussion should weigh the economic benefits of such growth against the costs of associated environmental degradation. (a) Include specific measures that will be used to address stormwater at the source. Include specific requirements for both residential and industrial developments and BMPs that will be required. (b) Include specific measures that will be used to protect stream corridors, riparian habitat and a minimum of a 100-year floodplain. (c) Include specific measures that will be implemented to promote water conservation and wastewater reuse. (d) Include a discussion of any other local ordinances or programs (e.g., industrial pretreatment, infiltration and inflow management, farmland preservation, habitat restoration/preservation, and recycling) that will mitigate the impacts of development. 10) Discuss the use of any mitigation, preservation, deed restrictions, and conservation plans and management objectives. These should include detailed site descriptions and maps. A determination concerning which agency or entity (e.g. land conservancy) will own and manage the easements or property should be included. Note: A list of document preparers should be provided that provides each individual's professional background and qualifications. Town of Kingstown 5 February 7, 2002 Utility Line and Sewer Line Avoidance and Minimization Recommendations Measures to avoid or minimize impacts to sensitive resources, including wetlands, should be implemented during all phases of construction associated with the area. Where impacts to wetlands (and waters) are unavoidable, we will recommend mitigation of the losses. In addition to providing wildlife habitat, wetland areas perform the important functions of flood control and water quality protection. Whenever possible, utility lines should be placed along existing right-of-ways along roads and previously impacted corridors. Pumping may be economically feasible where direct or secondary impacts can be avoided in sensitive habitats. To avoid or minimize stream and wetland impacts during construction of utility lines, we offer the following generalized recommendations that should be incorporated into project plans: 1) Construction corridors should be no wider than absolutely necessary. The 401 certification for Nationwide 12 stipulates that wetland construction corridors are not to exceed 40 feet and permanent maintained corridors are not to exceed 10 feet except at access points. The NC division of Water Quality's 401 Certification for utility lines should be followed specifically for all jurisdictional impacts. 2) Where crossings are necessary, sewer lines should cross streams at right angles to minimize impacts to riparian areas. Disturbed stream banks and wetlands must be restored to original contours and revegetated with native plant materials such as silky dogwood (Cornus amonum), silky willow (Salix sericea) and hazel alder (Alnus serrulata). Riprap may be used to stabilize the bank in the area of the ordinary high water stage and vegetation (bioengineering) should be used above this stage. Aquatic life passage must not be hindered during low flows upon project completion. Directional boring is the preferred method of crossing jurisdictional waters and wetlands. 3) Utility lines crossing streams should be buried in the stream bottom or attached to existing bridges to maintain fish movement upstream and downstream and prevent debris from collecting at the pipe and causing a hydrologic change. We do not recommend installing priers in a stream channel to support a sewer line. 4) If concrete will be used, work must be accomplished so that wet concrete does not contact stream water. This will lessen the chance of altering the stream's water chemistry and causing a fish kill. 5) An undisturbed buffer zone should be left between streams and all construction. We prefer a buffer zone of at least 100 feet to control sedimentation into streams, provide shade, and maintain a travel corridor for wildlife. Buffers should also be left along intermittent drains or streams. Following floodplain edge contours with utility lines is preferable to following the riparian zones and streams. Wetlands should be avoided to the maximum extent possible. Town of Kingstown 6 February 7, 2002 6) Temporarily disturbed wetlands should be reseeded with annual small grains appropriate for the season (e.g. oats, millet, rye, wheat, annual lespedeza or rye grass) and be allowed to revert to native natural wetland vegetation. 7) A portion of the upland right-of-way (minimum of one acre) should be planted with VA-70 lespedeza, Korean lespedeza, ladino clover, and/or partridge pea to provide food and additional habitat for wildlife. 8) Slash and/or large trees available form corridor construction through forested and stream corridors should be placed along the permanent right-of-way in the form of brush piles and downed logs to provide cover and nesting habitat for wildlife. 9) If necessary, ROW areas should be mowed. not more than once every 2-3 years. Mowing should not occur between April 1 through September 30 in order to avoid disturbing wildlife utilizing the project corridor during the critical stages of nesting and rearing of young. 10) Stringent erosion control measures should be implemented where soil is disturbed and maintained until project completion. 11) Temporary or permanent herbaceous vegetation should be planted on all bare soil within 5 to 10 days of ground disturbing activities to provide long-term erosion control. We prefer a "seed as you go" strategy rather than allowing a large area to remain bare. NCDENR North Carolina Department of Environment and Natural Resources Division of Parks and Recreation Michael F. Easley, Governor William G. Ross, Jr., Secretary Dr. Philip K. McKnelly, Director February 21, 2002 MEMORANDUM TO: Melba McGee FROM: Stephen Hall � I SUBJECT: 201 Facilities Plan Amendment — Wastewater System, Kingstown REFERENCE: 1173 As mentioned in the document, the Natural Heritage Program database contains a record for a population of dwarf -flowered heartleaf (Hexastylis naniflora), federally and state listed as Threatened, from within the vicinity of the proposed project. A survey conducted by the consultants for this project identified three areas where suitable habitat exists for this species. Based on this information, we concur with the need to conduct a survey for this species during its flowering period. If populations are found, then the US Fish and Wildlife Service should be consulted regarding possible mitigation. 1615Mail Sen-ice Center, Raleigh, North Carolina 27699-1615 Phone: 919-733-41 S 1 Fax: 919- 15- 30S; \ Internet: ww «.ncsparks. net United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 February 25, 2002 Mr. Reginald R. Sutton North Carolina Department of Environment and Natural Resources Division of Water Quality Construction Grants & Loans Section 1633 Mail Service Center Raleigh, North Carolina 27699-1633 Dear Mr. Sutton: Subject: 201 Facilities Plan Amendment, Greater Cleveland County Wastewater Collection and Transport System, Town of Kingston, Cleveland County, North Carolina We received a copy of the subject 201 Facilities Plan Amendment (Plan) on February 7, 2002. The following comments are provided in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e), and Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). According to the information provided in the Plan, the Town of Kingston (Town), in Cleveland County (County), North Carolina, is planning to construct a wastewater transportation system to replace widespread failing septic systems; the entire town (1,115 people) is currently using septic tanks. The Plan recommends a low-pressure system that would connect to the City of Shelby's existing wastewater treatment plant. The low-pressure system will be comprised primarily of pumps, with effluent or grinder pumps located at site -specific areas. The collection force mains will generally consist of lines that are 2 and 3 inches in diameter. Intermediate pump stations and associated force mains will be installed where topography, length of force main, and head loss dictate. We believe the proposed wastewater transportation system will result in overall improvements in environmental and public health. However, we have concerns regarding the stream impacts from this project. The Natural Systems Report included with the Plan identifies 12 jurisdictional wetlands/streams that will be crossed by the proposed project, yet the mitigative measures for the project (page 30) state that there will be "One minor stream crossing of Little Creek ... and one minor stream crossing of an unnamed tributary of Brushy Creek ...." Based on the maps provided, the former (12 crossings) appears more accurate. Though the Plan indicates that stream crossings will be within road rights -of -way, impacts to the streams could be significant, depending on how the crossings are completed. Therefore, before we can concur with this project, we need more detailed and consistent information about stream crossings and the mitigation planned to offset any impacts. Any mitigation plan for this project should include the restoration of comparable wetlands and streams at a ratio of at least 2:1. We offer the following additional recommendations to help address secondary and cumulative impacts associated with this project and to help minimize impacts to fish and wildlife resources. 1. Measures to avoid or minimize impacts to sensitive resources, including wetlands, should be implemented during construction. Where impacts to wetlands are unavoidable, we recommend mitigation for the losses. In addition to providing wildlife habitat, wetland areas perform important functions of flood control and water quality protection. Disturbed wetland areas should be returned to their original soils and contours. Plant communities should be reestablished that would result in wetland plant community succession into habitat of equal or greater value than the habitat that was destroyed. Temporarily disturbed wetlands should be reseeded with annual small grains appropriate for the season (e.g., oat, millet, rye, wheat, or ryegrass) and be allowed to revert to natural wetland vegetation. The crossing of wetlands and streams should be minimized, located at narrow areas, and made perpendicular to the stream. 2. In addition to the protection of riparian buffers, we suggest that the Town and County strongly discourage the in -fill of 100-year floodplains for commercial or residential development. This process only increases the potential for flooding to adjacent properties and interferes with the natural hydrologic process of the waterways. It also disrupts the continuity of migration corridors for wildlife. Instead, we recommend that developers set aside a portion of the land to be developed as green space and concentrate these areas along the streams and rivers. 3. The construction of roadways in new neighborhoods can produce short-term. direct impacts as well as long-term cumulative effects. Studies have shown a serious decline in the health of receiving waters when 10 to 15 percent of a watershed is converted to impervious surfaces. We suggest that the County work to limit impervious surfaces to no more than 7 percent, limit curb and gutter in new developments, and prevent direct discharges of storm water into streams. We recommend the use of grassed swales in place of curb and gutter and on -site storm -water management (i.e., bioretention areas) that will result in no net change in the hydrology of the watershed. These designs often cost less to install and significantly reduce environmental impacts from residential development. 4. Efforts should be made to avoid the removal of large trees at the edges of construction corridors. Disturbed areas should be reseeded with seed mixtures that are beneficial to wildlife. Fescue -based mixtures should be avoided; fescue is invasive and provides little benefit to wildlife. Native annual small grains appropriate for the season are preferred and recommended. Where feasible, use woody debris and logs from corridor clearing to establish brush piles and downed logs at the edge (just in the woods) of the cleared right-of-way to improve habitat for wildlife. Allowing the corridor area to develop into a brush/scrub habitat would maximize benefits to wildlife. Minimize corridor maintenance and prohibit mowing between April 1 and October 1 to reduce impacts to nesting wildlife. We suggest a maintenance schedule that incorporates a portion of the area (e.g., one-third) each year instead of the entire project every 2 or 3 years. Additionally, herbicides should not be used in wetland areas or near streams. Based on the information provided in the Plan and a review of our records, we concur with your assessment that surveys need to be conducted for dwarf -flowered heartleaf before the requirements under Section 7(c) of the Act can be fulfilled. We note that three areas have been identified as having potentially suitable habitat for this species, presumably based on the presence of (1) Pacolet sandy clay loam soils and (2) dry to mesic wooded slopes along streams and ravines. Though these parameters roughly define the habitat of this species, more recent records indicate that this species inhabits a wider range of conditions than previously believed. We recommend surveying all wooded north- and east -facing slopes in the project area to ensure that this species is not inadvertently impacted by this project or any secondary development resulting from this project. Once the surveys are completed we can complete consultation under Section 7(c) of the Act. Please do not hesitate to contact Mr. Allen Ratzlaff of our staff at 828/258-3939, Ext. 229, if you have any questions regarding our comments. We have assigned our Log No. 4-2-02-168 to this project; please refer to it in all future correspondence directed to us concerning this matter. Sincerely, -- Brian P. Cole State Supervisor Enclosure cc: Ms. Danielle R. Pender, Piedmont Habitat Coordinator, Habitat Conservation Program, North Carolina Wildlife Resources Commission, 1721 Mail Service Center, Raleigh, NC 27699-1721 LJCF-t-%F-1 I IV I E: I NI I UF L_I'q V I FIU I N IV I L-14 I /-11'4LJ t-rojeci i\4umner NATURAL RESOURCES DIVISION OF ENVIRONMENTAL HEALTH County Inter -Agency Project Review Response Project Name .-Type of Project Comments provided by: ❑ Regional Program Person Regional Engineer for Public Water Supply Section F] Central Office program person Name: R-14k Date: 411 Telephone number: Program within Division of Environmental Health: El Public Water Supply F1 Other, Name of Program: Response (check all applicable): ❑ No objection to project as proposed F-1 No comment E] Insufficient information to complete review ❑ Comments attached See comments below '407/f'1'4 +4 Y% -+n r- V P7 4", /�e cJ 44 d 1-- W A -PC r- + -S e W -e I'P_ Q K -P -S 4s Yecr�'✓ea rn 6906 4e W 5 1q C d)4 o T / Ce) k-ki )21 -e,, � c f ec /%- (2 4 (3A iC�Cq C_ k-- Return to: Public Water Supply Section Environmental Review Coordinator for the Division of Environmental Health DEPARTMENT OF ENVIRONMENT AND Project Number NATURAL RESOURCES .3 DIVISION OF ENVIRONMENTAL HEALTH aunty Inter -Agency Project Review Response Project Name Go^���eR Clev. C . Type of Project 24J iT� CJ")-" }PI,q.,,t ❑ The applicant should be advised that plans and specifications or all water system improvements must be approved by the Division of Environmental Health prior to the award of a contract or the initiation of construction (as required by 15A NCAC 18C .0300et. seq.). For information, contact the Public Water Supply Section, (919) 733-2321. ❑ This project will be classified as a non -community public water supply and must comply with state and federal drinking water monitoring requirements. For more information the applicant should contact the Public Water Supply Section, (919) 733-2321. ❑ If this project is constructed as proposed, we will recommend closure of feet of adjacent waters to the harvest of shellfish. For information regarding the shellfish sanitation program, the applicant should contact the Shellfish Sanitation Section at (252) 726-6827. ❑ The soil disposal area(s) proposed for this project may produce a mosquito breeding problem. For information concerning appropriate mosquito control measures, the applicant should contact the Public Health Pest Management Section at (252) 726-8970. ❑ The applicant should be advised that prior to the removal or demolition of dilapidated structures, a extensive rodent control program may be necessary in order to prevent the migration of the rodents to adjacent areas. For information concerning rodent control, contact the local health department or the Public Health Pest Management Section at (919) 733-6407. ❑ The applicant should be advised to contact the local health department regarding their requirements for septic tank installations (as required under 15A NCAC 18A. 1900 et. sep.). For information concerning septic tank and other on -site waste disposal methods, contact the On -Site Wastewater Section at (919) 733-2895. ❑ The applicant should be advised to contact the local health department regarding the sanitary facilities required for this project. If existing water lines will be relocated during the construction, plans for the water line y relocation must be submitted to the Division of Environmental Health, Public Water Supply Section, Technical Services Branch, 1634 Mail Service Center, Raleigh, North Carolina 27699-1634, (919) 73372321. ❑ For Regional and Central Office comments, see the reverse side of this form. eviewer Section/Branch Date,/ Q:�r., /rye '`I State of North Carolina Reviewing Office: - - f1 e- i NCDENR Department of Environment and Natural Resources Project Number: Due Date: &�Z INTERGOVERNMENTAL REVIEW - PROJECT COMMENTS After review of this project it has been determined that the DENR permit(s) and/or approvals indicated may need to be obtained in orderfor this project to comply with North Carolina Law. Questions regarding these permits should be addressed to the Regional Office indicated on the reverse of this form. All applications, information and guidelines relative to these plans and permits are available from the same Regional Office. PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS Normal Process Time (Statutory Time Limit) Permit to construct & operate wastewater treatment Application 90 days before begin construction or award of construction facilities, sewer system extensions & sewer systems contracts. On -site inspection. Post -application technical conference usual. 30 days not discharging into state surface waters. (90 days) NPDES-permit to discharge into surface water and/or Application 180 days before begin activity. On -site inspection preapplimtion permit to operate and construct wastewater facilities conference usual.Additionally, obtain permit to construct wastewater treatment 90-120days discharging into state surface waters. facility -granted after NPDES. Reply time, 30 days after receipt of plans or issue (N/A) of NPDES permit -whichever is later. Water Use Permit Preapplication technical conference usually necessary 30 days (N/A) Well Construction Permit Complete application must be received and permit issued prior to the 7 days installation of a well. (15 days) Dredge and Fill Permit Application copy must be served on each adjacent riparian property owner. On -site inspection. Preapplication conference usual. Filling may require Easement 55 days to Fill from N.C. Department of Administration and Federal Dredge and FII Permit. (90 days) Permit to construct & operate Air Pollution Abatement facilities and/or Emission Sources as per 15 A NCAC N/A 60 days (2Q.0100, 20.0300, 2 H.0600) Any open burning associated with subject proposal must be in compliance with 15 A NCAC 2D.1900 Demolition or renovations of structures containing asbestos material must be in compliance with 15 A NCAC 2D.1110 (a) (1) which requires notification N/A 60 days and removal prior to demolition. Contact Asbestos (90 days) Control Group 919-733-0820. Complex Source Permit required under 15 A NCAC F.2D.0800 The Sedimentation Pollution Control Act of 1973 must be properly addressed for any land disturbing activity. An erosion & sedimentation control plan will be required if one or more acres to be disturbed. Plan filed with proper Regional Office (Land Quality Section) at least 30 20 days days before beginning activity. A fee of $40 for the first acre or any part of an acre. (30 days) The Sedimentation Pollution Control Act of 1973 must be addressed with respect to the referenced Local Ordinance 30 days I� Mining Permit On -site inspection usual. Surety bond filed with DENR. Bond amount varies with type mine and number of acres of affected land. Any are mined greater than 30 days one acre must be permitted. The appropriate bond must be received before (60 days) the permit can be issued. North Carolina Burning permit On -site inspection by N.C. Division of Forest Resources if permit exceeds 4 days 1 day (N/A) Special Ground Clearance Burning Permit-22 counties On -site inspection by N.C. Division of Forest Resources required 'if more than five in coastal N.C..with organic soils. acres of ground clearing activities are involved. Inspections should be requested 1 day at least ten days before actual burn is planned." (N/A) Oil Refining Facilities 90 -120 days N/A (N/A) Dam Safety Permit If permit required, application 60 days before begin construction. Applicant must hire N.C. qualified engineer to: prepare plans, inspect construction, certify construction is according to DENR approved plans. May also require permit under mosquito control program, and a 404 permit from Corps of Engineers. -. 30 days An inspection of site is necessary to verity Hazard Classification. A minimum (60 days) fee of S200.00 must accompany the application. An additional processing fee based on a percentage or the total project cost will be required upon completion. PERMITS ----------------- SPECIAL APPLICATION PROCEDURES or REQUIREMENTS File surety bond of $5,000 with DENR running to State of N.0 conditional that any Normal Process Time (Statutory Time Limit) Permit to drill exploratory oil or gas well well opened by drill operator shall,upon abandonment,be plugged according 10 days to DENR rules and regulations. Application filed with DENR at least 10 days prior to issue of permit. Application - (N/A) 10 days Geophysical Exploration Permit by letter. No standard application form. Application fees based on structure size is charged. Must include descriptions (N/A) State Lakes Construction Permit & drawings of structure & proof of ownership of riparian property. I S - 20 days (N/A) 401 Water Quality Certification NIA 55 days (130 days) CAMA Permit for MAJOR development $250.00 fee must accompany application 60 days $50.00 fee must accompany application (130 days) CAMA Permit for MINOR,development 22 days area. If any monument needs to be moved or destroyed, please notify: (25 days) Several geodetic monuments are located in or near the project N.C. Geodetic Survey, Box 27687 Raleigh, N.C.27611 with Title 15A.Subchapter 2C.0100. Abandonment of anywells, if required must be in accordance ED I Notification of the proper regional office is requested if "orphan' underground storage tanks (USTS) are discovered during any excavation operation. Compliance with 15A NCAC 2H 1000 (Coastal Stormwater Rules) is required. Other comments (attach additional pages as necessary, being certain to cite comment authority) p .Y �+ REGIONAL OFFICES 45 days (N/A) Questions regarding these permits should be addressed to the Regional Office marked below. ❑ Asheville Regional Office Mooresville Regional Office ❑ Wilmington Regional Office 59 Woodfin Place 919 North Main Street 127 Cardinal Drive Extension Asheville, N.C.28801 Mooresville, N.C.28115 Wilmington, N.C.28405 (828) 251-6208 (704) 663-1699 (910) 395-3900 ❑ Fayetteville Regional Office ❑ Raleigh Regional Office ❑ Winston-Salem Regional Office 225 Green Street, Suite 714 3800 Barrett Drive, P.O. Box 27687 585 Waughtown Street Fayetteville, N.C.28301 Raleigh, N.C.27611 Winston-Salem, N.C.27107 (910) 486-1541 (919) 571-4700 (336) 771-4600 ❑ Washington Regional Office 943 Washington Square Mall Washington, N.C.27889 (252) 946-6481 Division of Air Quality February 13, 2002 MEMORANDUM TO: Melba McGee, Office of Legislative and Intergovernmental Affairs FROM: Alan Klimek, Director SUBJECT: Project No. # 1173 201 Facilities Plan Amendment Greater Cleveland County The Town of Kingstown The Division of Air Quality has reviewed the proposed project involving installation of a centralized wastewater collection and transport system for the Town of Kingstown in Cleveland County. Several collection and treatment alternatives are being evaluated. If standby engines, engine -driven generators or particulate sources such as lime silos, boilers, emergency generators or peak -shaving generators are installed with this project, then an air permit may be required. Additionally, the contractors constructing the components of the wastewater system should take care to comply with open burning provisions during land clearing. Adequate wetting, reseeding and covering of disturbed areas should be utilized during earthmoving operations to mitigate any adverse impact from fugitive dust emissions. If there are any questions regarding air permitting requirements for this facility, Mr. Mike Landis, Mooresville Regional Air Quality Supervisor, should be contacted at (704) 663- 1699. Should you require further information in this regard, please advise. c: Connie Washburn d. If the minority and/or low-income populations are impacted disproportionally and adversely, the applicant may need to reevaluate alternatives and develop mitigative measures to minimize adverse impacts. Section 8.1- Existing Environment and Exhibit XIII 1. The specific location of "supporting and partially supporting" stream segments should be identified on a map. What are the reasons why some streams are "partially supporting" of designated uses? Section 8.4 - Environmental Consequences 1. Will any of the proposed wastewater collection and transport pump station/force main facilities be located in the 100-year floodplain or within wetland areas? Habitat types should be identified for the transport force main route from Kingstown to Shelby. Will the proposed project require clearing any undisturbed areas? 2. What is the source of potable water that is provided by the Cleveland County Sanitary District? 3. The location of all stream crossings should be identified on a map. Will any stream crossings be required for the transport force main to be installed from Kingstown to Shelby? Have stream crossings by directional boring been considered? 4. A discussion of cumulative and secondary impacts needs to be included in the document. Does the town have policies and ordinances for protecting stream buffers, floodplains, and wetlands? Agency Review Comments 1. Several agencies revieW. ,84 plan. The attached comments from the Division of Water Quality's Local Government Assistance Unit, N.C. Wildlife Resources Commission, Division of Parks and Recreation, and U.S. Fish and Wildlife Service must be addressed. Comments from the Division of Environmental Health, Mooresville Regional Office, and Division of Air Quality are provided for information and planning purposes. 0? Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 31 i r Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality LL "s s NC DEPT. CP i AND NA ,ICE. -t-- i'iQ ! Fr , May 2, 2002 MAY 0 6 2002 Honorable David L. Lattimore, Mayor Town of Kingstown 2030B Kinston Road Kingstown, North Carolina 28150 SUBJECT Dear Mayor Lattimore: 201 Facilities Plan Amendment Greater Cleveland County Kingstown, North Carolina Environmental Justice Requirement Project No. CS370858-01 The U.S. Environmental Protection Agency, Region IV, requires Environmental Justice (EJ) to be integrated into the Clean Water and Drinking Water State Revolving Fund Programs. Therefore, Executive Order 12898 - Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations - is a federal cross cutter that must be implemented as a part of the state environmental review process. This objective must be accomplished before a Finding of No Significant Impact can beissued for an applicant to receive financial assistance from the State Revolving Fund. Guidance for implementing EJ is provided to assist the SRF applicant in incorporating this requirement as a part of the 201 Facilities Plan. If you have questions concerning this matter, please contact me at (919) 715-6223. Sincerely, Reginald'R. Sutton, Ph.D. Environmental Assessment Coordinator RRS/nw Attachment (all cc's) cc: Clarence Lockamy, P.E., The Wooten Company Rex Gleason, Mooresville Regional Office Larry Horton, P.E. Daniel Blaisdell, P.E. PMB/DMU/SRF Construction Grants and Loans Section 1633 Mail Service Center Raleigh, NG 27699-1633 (919) 733-6900 E-Mail Address www.nccgl.net FAX (919) 715-6229 Customer Service 1 800 623-7748 W A 7-,- 9O �O G � r o � CERTIFIED MAIL - RETURN RECEIPT REQUESTED D. W. Royster Post Office Box 146 Shelby, NC 28151 Dear Mr. Royster: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality April 1, 2002 DWQ # 02-0417 d'levei'& Gourm,2 L� r APR 03 2002 � On March 20, 2002 the Division of Water Quality (DWQ) was notified by receip hour application regarding your plan to culvert McGill Creek for the purpose of providing road access on to the site in Cleveland County. Approval from DWQ is required to disturb these stream areas. Please provide us with seven copies of the following information and refer to the DWQ# listed above in your reply. In particular as described in 15A NCAC 2B .0502, we will require you to locate all streams and ponds on the property. Please show these on maps of suitable scale (for instance 1" = 100 feet) so we can begin to determine your projects' compliance with 15A NCAC 2H .0500. 1. A site plan is needed for the proposed construction and should indicate detailed measurements. Please telephone me at 919-733-1786 if you have any questions or would require copies of our rules or procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H .0505(c). The processing time for this application will begin when this information is received. If we do not hear from you by writing within three (3) weeks we will assume you no longer want to pursue the project and will consider it withdrawn. y Sir yerely, 1 o Dorney ter Quality rti cation Program cc: NT resville.aWQRegionahOffice;= Asheville Corps of Engineers Odom & Associates Central Files File Copy 4 MA NCYF,'R North Carolina Division of Water Quality, Wetlands/401 Certification Unit 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) Ph: (919) 733-1786, Fax: (919) 733-6893, http://h2o.enr.state.nc.us/ncwetiands/ Division of Water Quality - Aquatic Toxicology Unit February 20, 2002 MEMORANDUM To: Rex Gleason Water Quality Supervisor, MRO Through: Matt Matthewslvr Supervisor, Aquatic Toxicology Unit From: Sandy Mort g� Quality Assurance Officer, Aquatic Toxicology Unit Subject: Ambient toxicity test results Broad River at Monitor Street (A4700000) Cleveland County i The aquatic toxicity test using grab samples of ambient waters collected from Broad River at Monitor Street (A4700000) has been completed. Ambient samples were collected on February 12 and 15 by John Lesley for use in a chronic Ceriodaphnia dubia pass/fail toxicity test. The test using these samples resulted in a pass. Toxicity test information follows. Test Type Test Concentrations Test Result Control Survival Control Mean Reproduction Test Treatment Survival Treatment Mean Reproduction First Sample pH First Sample Conductivity Second Sample pH Second Sample Conductivity 3-Brood Ceriodaphnia dubia pass/fail 100% sample Pass 100% 24.8 neonates 100% 30.1 neonates 6.57 SU 85.8 micromhos/cm 6.85 SU 91.3 micromhos/cm Test results for these samples indicate that the water quality of these ambient waters has not been impacted. Please contact us if further effluent toxicity monitoring is desired. We may be reached at (919) 733-2136. Basin: BRD04 cc: Central Files Environmental Sciences Branch Water Quality Section The Honorable David Lattimore, Mayor Town of Kingstown 2030B Kinston Road Kingstown, North Carolina 28150 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality February 1, 2002 FEB 0 5 2002 SUBJECT: Kingstown Portion of the Greater Cleveland County 201 Facilities Plan Amendment Project No. CS370858-01 Dear Mayor Lattimore: I am writing to acknowledge receipt of the subject 201 Facilities Plan Amendment on January 31, 2002. The Facilities Evaluation Unit has initiated the project review and we will notify you and your engineer upon completion of our review. If you have any questions concerning this matter, please contact me at (919) 715-6225. Sincerely, K. Law7rene Horton, III, P.E., Supervisor Facilities"Evaluation Unit KLH:dr cc: Clarence Lockamy, P.E., The Wooten Company (Hickory, NC) Allen Wahab, P.E., The Wooten Company (Raleigh, NC) Daniel Blaisdell, P.E. Amy Simes, P.E. DMU/FEU/SRF I VVT 41_&V�A "C' D L N q Construction Grants and Loans Section 1633 Mail Service Center Raleigh, NC 27699-1633 (919) 733-6900 Customer Service E-Mail Address www.nccgl.net FAX (919) 715,6229 1800 623-7748 State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director October 19, 2001 Mr. Carey Tate Rea Construction 8205 Wilkinson Blvd. Charlotte, North Carolina 28214 AA ,• NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 's Subject: NPDES Permit Application Permit Number NCG020571 Return No. 1047 Sand Pit #130 Shelby (Cleveland County) Dear Mr. Tate: On June 5, 2001, the Division of Water Quality received a NPDES Permit Application for the subject facility. As stated in the Notice of Intent (NOI), a copy of the valid approved mining permit for the facility must be attached to the NOI in order for the stormwater permit application to be considered complete. To date, we have not received a copy of the mining permit for this facility. Therefore, the Division of Water Quality is returning the application as incomplete. This application may be resubmitted with all applicable attachments and fees for reconsideration. If there is a need for any additional information or clarification, please do not hesitate to contact me at (919) 733-5083, ext. 584. Sincerely, DAB ",z- Delonda Alexander Permit Engineer Cc: Mloares-vi-lle=Regi7oiid'I Stormwater and General Permits Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES REPORT OF PROCEEDINGS ON THE PROPOSED RECLASSIFICATION OF LAKE MONTONIA IN CLEVELAND COUNTY (BROAD RIVER BASIN) FROM CLASS B TO CLASS B HQW PUBLIC HEARING JULY 13,1999 KINGS MOUNTAIN, NORTH CAROLINA TABLE OF CONTENTS Page Summary and Recommendations Summary S-1 Background Classification Information S-1 Classification 'Information Specific to Lake Montonia S-1 Proposed Reclassification to High Quality Waters S-2 Implications of Reclassification to HQW S-2 Map of the Area Proposed for Reclassification S-4 Public Hearing Process/Comments Received S-5 Recommendation S-6 Request for Reclassification 1 Public Announcement 3 Announcement of Stakeholder Meeting 5 Informational Flyer for HQW6 Hearing Officer Designation 7 Public Hearing Participants 8 Comments Received 9 Appendix High Quality Waters Evaluation of Lake Montonia A-1 15A NCAC 2B .0219 Fresh Surface Water Quality Standards for Class B'Waters A-38 15A NCAC 2H .1006 Stormwater Requirements: High Quality Waters A-39 15A NCAC 2B 0224 High Quality Waters A-40 15A NCAC 4B .0024 Design Standards in Sensitive Watersheds A-41 15A NCAC 2N .0301 Performance Standards for New UST Systems A-42 G.S. 113A-50 Sedimentation Pollution Control Act of 1973 (Preamble) A-44 SUMMARY AND RECOMMENDATIONS SUMMARY Background Classification Information All surface freshwaters in North Carolina are protected by a primary classification, assigned by the Division of Water Quality (DWQ). All waters must at least be fishable and swimmable waters (Class C). Other primary classifications provide additional levels of protection, such as for primary water contact recreation (Class B) and drinking water supply (Water Supply Classes'I through V).. DWQ may add supplemental classifications to the primary classifications to provide additional protection to waters with special uses or values. Most of these supplemental classifications have been developed in order to promote special protection to sensitive or highly valued resource waters. The DWQ supplemental classifications are'NSW (Nutrient Sensitive Waters), FWS (Future Water Supply), Tr (Trout Waters), HQW (High Quality Waters), ORW (Outstanding Resource Waters), and Sw (Swamp Waters). Waters are not limited to only one supplemental classification, and many water bodies carry several supplemental classifications. Classification Information .Specific to Lake Montonia Lake Montonia is currently classified as Class B Waters. The lake received this classification in 1963.in order to recognize that its 17 acres were being used for primary recreational purposes and to protect the water for that use. Surface freshwaters classified as. B Waters have met the following requirements: 1) The waterbody is of sufficient size and depth to support primary recreation. 2) Fecal coliform bacteria concentrations are less than 200 colonies per 100 mL. This number is'based on a geometric mean of at least five samples taken within a. 30 day period. 3) No sources of water pollution which could result in a hazard to public health are in close proximity to areas where recreation occurs. 4) Primary recreation takes place in a frequent and organized basis. To date, the lake is consistently used on a frequent and regular basis for primary recreation. The Lake Montonia Board, which consists of homeowners around the lake, requested that Lake Montonia be reclassified to include the supplemental classification HOW (request for reclassification, see p. 1) in order to give the lake added protection for its water quality. Lake Montonia was evaluated by DWQ Environmental Sciences Branch staff and received an Excellent water quality rating (see High Quality Waters Evaluation, Appendix, pp. A-1 to A-37). S-1 Proposed Reclassification to High Quality Waters Some of North Carolina's surface waters are relatively unaffected by pollution sources and have water quality higher than, the standards that are applied to many waters of the State. In addition, some waters may provide habitat for sensitive biota such as trout, juvenile fish or rare and endangered aquatic species. In an effort to protect those waters that possess such characteristics, surface waters matching the following criteria qualify for supplemental classification as High Quality Waters (HQW) "waters which are rated as excellent based on biological and physical/chemical characteristics through Division monitoring or especial studies, native and special native trout waters (and their tributaries) designated by the Wildlife Resources Commission, primary .nursery areas (PNA) designated by the Marine Fisheries Commission and other functional nursery areas designated by the Marine Fisheries Commission, all water supply watersheds which are either classified as WS-I or WS-IL or those for which a formal petition for reclassification as WS-I or WS-II has been received from the appropriate local government and accepted by the Division of Water Quality and all Class -SA waters" [15A NCAC 2B .0101(e)(5)]' Implications of 'Reclassification to HQW There are additional protective management strategies associated with HQW classification. The land area that is affected by the rules of the HQW classification is that which is within one mile and draining to waters classified as HQW. Two unnamed tributaries that flow to Lake Montonia are included in the HQW reclassification. High Quality Waters protective management strategies are detailed in the following rules: 15A NCAC 2B 0224 High Quality Waters, 15A NCAC 2H .1006Stormwater Requirements: High Quality Waters, 15A NCAC 4B .0024 Design Standards in Sensitive Watersheds, and 15A NCAC 2N .0301 Performance Standards for New UST Systems (See. Appendix, pp. A-39'to A-43). 15A NCAC 2B .0224, High Quality Waters, outlines the requirements for wastewater discharge into an HQW and requirements of development activities requiring a Sedimentation and Erosion. Control Plan. Single family dischargers are not permitted, and any new NPDES permitted facility must abide by the waste treatment guidelines as outlined in the proposed rule. The treatment standards in the rule are more stringent than what is required without HQW classification. There are currently no permitted wastewater discharges to Lake Montonia or its tributaries, nor are there any requested permits for wastewater discharges to the lake or its tributaries. 15A NCAC 2H .1006 details the stormwater control requirements that are associated with High Quality Waters. These are guidelines for development activities which require a Sedimentation and Erosion Control Plan (administered by the Division of Land Resources, see Appendix p. A-44). Development within the HQW zone (within one mile and draining to an HQW) must comply to either low density or high density options. The Low Density Option requires a 30 foot vegetative buffer to perennial waters, and allows S-2 either a built upon area of up to a maximum of 12% or one single family dwelling unit per acre. The High Density Option must meet requirements to control runoff from all surfaces generated by one inch of rainfall by means of an approved engineered method. The HQW stormwater control requirements administered by the Division of Water Quality help prevent erosion and sedimentation after completion of a development' project. The Sedimentation and Erosion Control Plan administered by the Division of Land Resources helps prevent erosion and sedimentation during construction. 15A NCAC 4B .0024, Design 'Standards in Sensitive Watersheds, outlines specifications for :uncovered areas, ground cover, sediment basins, and newly constructed open channels within HQW zones for projects that require the Sedimentation and Erosion Control Plan. And finally, 15A NCAC 2N .0301 outlines the specific criteria for secondary containment required when Underground Storage Tanks (UST) are located within 500 feet of any water classified as HQW. Six months prior to the public hearing, DWQ, staff held an informational stakeholder's meeting on the proposed reclassification of Lake Montonia in King's Mountain City Hall. The property owners in the drainage area to. the lake affected by the proposed reclassification, as well as local governments, were contacted and invited to attend. Many of the property owners around the lake were involved in the actual ,request for reclassification to High Quality Waters. No landowner stated opposition to the reclassification. There was much, interest in proceeding with',the reclassification, S-3 Proposed Reclassification of Lake Montonia to High Quality Waters (HQW) S-4 Public Hearing Process/Comments Received In accordance with North Carolina General Statutes, a public hearing was held on July 13, 1999. The hearing was held in King's Mountain, North Carolina (Cleveland County). Notice of the hearing was. published in the June 1, 1999, North Carolina Register (Volume 13, 'Issue 23). A public notice of the hearing was published on June 10;1999, in. the main section of the region's local newspaper, The Kings Mountain. Herald. Announcements were also mailed to individuals who had requested to be placed on the Water Quality Section's rule -making mailing list, as well as local government and state officials. Seventeen people registered and attended the public hearing. Opening comments and a slide presentation on classification information and information specific to the proposed reclassification were ,presented by DWQ staff. After the presentation, the public was given the opportunity to comment on the proposed reclassification. One attendee wanted to know if Lake'Montonia could be considered for ORW classification, and staff replied with information on why the proposed reclassification was'HQW instead of ORW. The. President of the Lake Montonia Board expressed his thanks to DENR for efforts extended throughout the reclassification process. Written comments were accepted through August 13, 1999. All verbal and written comments received were in favor of the proposed reclassification. Written comments can be found beginning on page 9. S-5 RECOMMENDATION It is the recommendation of the Hearing Officer that the reclassification of Lake Montonia, as. proposed herein, be approved by the Environmental Management Commission. In making this recommendation, the Hearing Officer has considered the requirements of General Statutes 150B-21.2 143=214.1; 143-215; 143-215.3(a)(1), and Rules 15A -NCAC 2B .0100 (Procedures for Assignment of Water Quality Standards), and 15A NCAC 2B .0224 (High Quality Waters), as well as the verbal and written comments received. The intentions and efforts of the Lake Montonia Board to maintain Lake Montonia in the most natural state possible were also considered. In taking this action, Rule 15A NCAC 2B .0306, which references the Schedule of Classifications; for the Broad River, will show that the Environmental Management Commission has revised the schedule for Lake Montonia, [Index No. 9-54-1-(1)]. The proposed effective date is August 1, 2000. RECOMMENDED AMENDMENT TO THE BROAD RIVER BASIN SCHEDULE OF CLASSIFICATIONS AS REFERENCED IN TITLE 15A NORTH CAROLINA ADMINISTRATIVE CODE 2B .306 Name of Stream ------------------- Unnamed Tributary at Lake Montonia (Lake Montonia) Existing Description Class From source B to Dam at Lake Montonia Description of Proposed Proposed Segment Class Same B HQW IM 'LAKE M O NT O N I A BOARD 1 1 O 2 LA K E MO N T O N I A ROAD K I N G S MOUNTAIN, N O RT H CA RO L I N A 28088 NOVEMBER 21. 1995 Mr. Steve Zoufaly State of North Carolina DEHNR Division of Environmental Management P. 0. Box 29835 Raleigh, North Carolina 27626-0535 Dear Mr. Zoufaly: Thank you for such a quick response to Lake Montonia Board's concern in pursuing the process of getting restrictive action for extra protection for our water and watershed area. As per our phone conversation, you are aware that our lake is now classified as a "B" category, not a water supply source for drinking, and therefore does not meet the requirements for extra protection. You are also aware development of a high level PGA and encompassing one of the two lake. of the immediate plans for the golf course south of the lake major spring sources feeding the The Lake Montonia Board requests that Lake Montonia be reclassified from a "B" category to a High Quality Waters (HQW) category under Section .0201 of the State of North Carolina EHNR Classifications and Water Quality Standards. A few reasons why we*think it qualifies for reclassification are: - The high quality results of water samples taken from the lake for the past three years. The tests taken were primarily for fecal coliform bacteria count --- the best indicator.for fecal pollution from domestic sources. These tests not only provide a certified data base of indicators of what is happening to the quality of water within the lake premises itself, but also what is happening to the quality from the two water sources feeding the lake water supply. The results of the tests over the past three years taken at the two lake location sources fed by the -two spring sources are as follows: (Parameter/Range = Fecals/100 ml) ID/Location 1st Test 2nd Test 3rd Test 4th Test 11/23/93 5/25/94 8/6/94 7/10/95 EastCove .......4......... .18..........10..........11 SouthCove ......2.............7......... .6..........<2 - The high quality of water which provides major attraction for swimming for all ages during the summer months. Although the lake is private it is frequented by large numbers of civic, church, and community groups for picnics, swimming, and fishing. (Also the privilege of each of the lake's approximately 200 members to invite ten guests provides the potential of 2,000 persons accessing the swimming -area during the summer months) 1 The interest and activity of Mr. Jerry Cook, DEHNR Regional Engineer of the Mooresville Land Resources Land Quality Section, and Mr. Al Moretz, designated Professional Engineer by DEHNR for Lake Montonia, to work with Lake Montonia in developing the plans and specifications for upgrading the lake dam to meet the state's classification of higher priorities for both dam construction and watershed potential. (The survey and topo computer mapping model, when completed, will provide .additional data as to the importance of this watershed and spillway. Also the replacement of the old dam valve with a new siphon pump extended to lower depths of the dam will allow a higher water quality by pumping accumulated silt, etc.) - The 1991 Four of Five Part Aquatic Plant Management Plan (see enclosure) for lake weed control to maintain and improve quality of water and fish. - The identification of wildflowers by James Barnwell, Parks'.Consultant; identification of trees/lake environment by John Hunt, Forester; Aquatic Plant Control by Garland Still, Soil Conservation; and bird identification still in progress. - Lake Montonia is very close to Crowders Mountain State Park and only 7 miles from the Kings Mountain State and National Parks - Lake Montonia's water from the dam runs into Davidson Lake (the Old City Lake) that was at one time the source of Kings Mountain's drinking water. At your request I am sending a map and short history of the lake, directions to the lake, the results of our water sampling tests, and some information on our committees, etc. The results of our water test taken this September at the Dam area is <2. Lake Montonia is comprised of sixty-five homes of which twenty- five are year round residents. All drinking water is supplied by individual and shared well sources. The water comprising Lake Montonia is supplied by two streams fed from natural springs originating east and southeast of the lake. The dam abuts the west side of the lake and water from the dam flows west by stream through private property and under N.C. Highway 161, into the City (Davidson) Lake. Steve, I am looking forward to a continuing and positive dialogue as we work together through the planning and final completion stages for the needed protection to Lake Montonia's quality water. Let me express on behalf of the board how pleased we are to have you share your expertise and advice with US. Sincerely - s , J hn L. Still, President: Lake Montonia Board 2 ANNOUNCEMENT PROPOSED RECtRSSIrICRTI0f1 Or ME MORTO111R: PURUC EIERRIM SET rOR MY The N.C. Department of Environment and Natural Resources on behalf of the Environmental Management Commission (EMC) will conduct a public hearing in order to receive public comments on the proposed reclassification of Lake Montonia in Cleveland County (Broad River Basin) to High Quality Waters (HQW). PUI31I0 IIEARIAG Location: Kings Mountain City Hall 101 West Gold Street Kings Mountain, NC Date: July 13, 1999 Time: 6:00 p.m. BRCKGROUflD The criteria for designation to High Quality Waters includes those waters which are rated as excellent based on biological and physical/chemical characteristics through Division of Water Quality (DWQ) monitoring or special studies, native and special native trout waters designated by the Wildlife Resources Commission, primary nursery areas designated by the Marine Fisheries Commission and other functional nursery areas designated by the Wildlife Resources Commission, critical habitat areas designated by the Wildlife Resources Commission or the Department of Agriculture, all water supply watersheds which are either classified as WS-I or WS-H or those for which a formal petition for reclassification as WS-I or WS-11 has been received from the appropriate local government and accepted by the Division of Water Quality, and all Class SA waters. A request for the reclassification of Lake Montonia was submitted by the Lake Montonia Board. Water quality studies show that the lake meets the criteria for supplemental classification as High Quality Waters. Proposed Reclassification of Lake Montonla to High Quality Waters (HOW) SR 161 Crowdees Mountain State Park US -29 ! H Lake (j Montonia o G`ee�l- I C7 Kings Mountain 1 N 1 _ Cleveland Co. ® Proposed HOW e Go York Co eto�y Gri 3 (Over) If reclassified, new and expanding wastewater dischargers to the area affected by the proposed HQW reclassification will have additional treatment requirements and new single family residence wastewater discharges to surface waters would not be allowed. The Division of Land Resources currently requires a Sedimentation and Erosion Control Plan for all land disturbances greater than one acre (actual land area disturbed) unless a local program states a different criteria. More stringent sedimentation and erosion control practices would be applied to land disturbing activities which require a Sedimentation and Erosion Control Plan and that are within one mile and draining to High Quality Waters. State land use development criteria as defined in 15A NCAC 2H .1006 would also apply to development projects which require a Sedimentation and Erosion Control Plan and that are within one mile and draining to High Quality Waters. Development density requirements for HQWs are as follows: the low density option allows development at 1 dwelling unit per acre, or 12 percent built upon area, and requires 30 foot buffers along all perennial waters. Under the high density option, no development density limit is specified, but engineered stormwater controls must control runoff from one inch of rainfall. Buffers are not required with the high density option. HOW TO SUBMIT COIIIIIIEnTf The purpose of this. announcement is to encourage those interested in this proposal to provide comments. You may either attend the public hearing and make relevant verbal comments or submit written comments, data or other relevant information by August 13. 1999. The Hearing Officer may limit the length of time that you may speak at the public hearing, if necessary, so that all those who wish to speak may have an opportunity to do so. We encourage you to submit written comments as well. The Environmental Management Commission is very interested in all comments pertaining to the proposed reclassification. All persons interested and potentially affected by the proposal are strongly encouraged to read this entire announcement and make comments on the proposed reclassification. The EMC may not adopt a rule that differs substantially from the text of the proposed rule published in the North Carolina Register s� unless the EMC publishes the text of the proposed different rule and accepts comments on the new text (see General Statute 150B 21.2 (g)). The proposed effective date for the final rules pursuant to this hearing process is August 1, 2000. Written comments may be submitted to Liz Kovasckitz of the Water Quality Planning Branch at the address listed below. iOR ADDIT1011A1 InrORI11ATIOn Copies of pertinent rules can be found on the internet at: http://h2o.enr.state.nc.us/Rules/ruleindex.html. Further explanations and details on the proposed reclassification of Lake Montonia and other classifications may be obtained by writing or calling: Liz Kovasckitz DENR/Division of Water Quality Planning Branch P.O. Box 29535 Raleigh, NC 27626-0535 (919) 733-5083, extension 572 In the case of inclement weather on the day of the public hearing is scheduled, please contact the above telephone number for a recorded message on any changes to the location, day or time of the hearing. 4 State of North Carolina Department of Environment .and Natural Resources Division of Water Cluality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director December 9,1997 Dear Property Owners: ,Tk,.,R?FA MEL 1:3 E N R The Division of Water Quality (DWQ) has received a request to reclassify Lake Montonia in Cleveland County (Broad River Basin) to include the High Quality Waters (HQW) supplemental classification. Part of the Lake Montonia drainage area also lies within Gaston County. The request for reclassification was submitted by the Lake Montonia Club on November 21, 1995. Since that time DWQ has been conducting water quality studies to determine if these waters qualify for HQW status. A meeting to discuss the implications of a HQW reclassification, in particular its possible affects on wastewater discharges and development in the Lake Montonia watershed, is scheduled for January 22, 1998 at 2:00 p.m. in the Fireman's Training Room at Kings Mountain City Hall. Representatives from the Division of Water Quality will be on hand to make a brief presentation covering the proposed reclassification, the Classification and Standards Program, the reclassification process and answer any questions that you may have. We are inviting all property owners and affected local governments in the Lake Montonia watershed to participate in this meeting. Please call me by January 12, 1997 at (919) 733-5083, ext. 572 to let me know if you will be able to attend. I hope to see you there. Sincerely, Liz vasckitz Classification and Standards cc: Jay Sauber, DWQ Lab Rex Gleason, DWQ MRO P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 5 50% recycled/ 1 o% post -consumer paper Check out the Water Quality Rules on the Web at http://hZo.enrstate-nc.us SUMMARY OF THE EFFECTS OF THE PROPOSED HQW DESIGNATION FOR LAKE MONTONIA WHAT rr MEANS * In the waters classified as High Quality Waters (HQW), new or expanded wastewater discharges would be required to provide advanced treatment. * New single family residences can not empty effluent from their septic tank system directly into waters classified as HQW; if no other alternative exists, the effluent may be discharged, but it must be treated with dual or recirculating sand filters, disinfection and step aeration. Any new development activities which disturb greater than one acre of land and are within one mile and draining to the HQW would have to control stormwater runoff through low density development or structural stormwater controls for higher density development. WHAT rT DOES NOT MEAN * The HQW classification has no effect on silvicultural activities. * The HQW classification has no effect on any kind of agricultural activities. For example, animals are not required to be fenced out of streams. * The HQW classification does not prohibit use of private land; however, large developments may have to control stormwater runoff. Any developments in the affected area that disturb less than one acre of land, such as single family owners building a single family dwelling on their own lot, do not have to comply with either the low density or the high density options contained in the HQW rule. * The HQW classification does not affect the use of the waters for recreational purposes - NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, DIVISION OF WATER QUALITY For additional information or questions, contact: Jeff Manning, DWQ Planning Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 (919) 733-5083, ext. 579, or e-mail to: jefLmanning@h2o.enr.state.nc.us 0 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director MEMORANDUM TO: Jim Mulligan FROM: Kerr T. Steven '�j SUBJECT: Hearing Officer Designation IT 4 0 • �A�Wo V NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RE50URCE5 By authority vested in me by the Environmental Management Commission (EMC), I am designating you as the Hearing Officer for the July 13, 1999 public hearing in Kings Mountain, North Carolina. The hearing will be conducted at 6:00 p.m. in the Kings Mountain City Hall. The purpose of the hearing is to receive public comments on the proposed reclassification of Lake Montonia (Broad River Basin) to include the HQW (High Quality Waters) supplemental classification. You are requested to hold this hearing and receive all relevant comments. Following the close of the hearing record on August 13, 1999, staff will work with you in developing findings and recommendations to be considered by the EMC. A copy of the public announcement is enclosed for your review. I appreciate your willingness to be a part of this process. If you have any questions, please contact Liz Kovasckitz. Enclosure cc: Liz Kovasckitz P.O. Box 29535, Raleigh, North Carolina 27626-0535 An Equal Opportunity Affirmative Action Employer Telephone 919-733-5083 FAX # 715-5637 50% recycled/10% post consumer paper 7 PUBLIC HEARING ON THE PROPOSED RECLASSIFICATION OF LAKE MONTONIA (BROAD RIVER BASIN) July 13, 1999 Hearing Officer Jim Mulligan, Division of Water Quality Regional Supervisor, Washington Regional Office Participating Division of Water Quality Staff Members Jeff Manning, Environmental Specialist, Classifications and Standards Unit, Planning Branch Liz Kovasckitz, Community Planner, Local Government Assistance Unit, Planning Branch Jay Sauber, Environmental Bio Supervisor, Intensive Survey Unit, Environmental Sci. Branch Kurt Trumbower, Environmental Specialist, Intensive Survey Unit, Environmental Sci. Branch Debra Owen, Environmental Biologist, Intensive Survey Unit, Environmental Sci. Branch Registered Speakers Dr. John Still, Lake Montonia Club President, 1102 Lake Montonia Road, King's Mountain, NC 28086 Jim Tate, 721 Lake Montonia Road, King's Mountain, NC 28086 Others in Attendance John J. Hunt, County Ranger, NC Dept of Natural Resources and Community Development, 130 South Post Road, Shelby, NC 28150 Tom Adams, Resident Manager, Lake Montonia Club, 500 Lake Montonia Road, King's Mountain, NC 28086 Mrs. John Still, 1102 Lake Montonia Road, King's Mountain, NC 28086 Mr. & Mrs. James C. Wilson, Jr., Lake Montonia Club Director 1133 Dumbarton Road, Gastonia, NC 28054 Elizabeth and James Mercer, Stockholder PO Box 2055, King's Mountain, NC 28086 Dorothy McCraig, Lake Montonia member 525 Lake Montonia Road, King's Mountain, NC 28086 James Melvin, Lake Montonia Board, 920 Lake Montonia Road, King's Mountain, NC 28086 Jim & Barbara Melvin, Lake Montonia members 920 Lake Montonia Road, King's Mountain, NC 28086 Mary Nantz, Lake Montonia member 505 Deerfield Drive, King's Mountain, NC 28086 Mrs. Tom Trott, Lake Montonia member, 208 E, King Street, King's Mountain, NC 28086 Nancy Nickels, Lake Montonia member, 5300 Sharon Road, Charlotte, NC 28210 Mr. and Mrs. HL Ruth, Jr., Lake Montonia member, 1403 56' Ave West, Hendersonville, NC 28739 N LAKE MONTONIA CLUB, INC. P.O. BOX 1174 KINGS MOUNTRAIN, NORTH CAROLINA 28086 July 30, 1999 Mr. Jeff Manning DWQ Planning Branch 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Dear Jeff, It is without any reservation whatsoever that the Lake Montonia Board and lake community support the reclassification of Lake Montonia to "High Quality Waters". The public hearing on July 13, 1999, conducted by the N.C. Department of Environment and Natural Resources on behalf of the Environmental Management Commission, was everything we could have hoped it to be. The response was very positive from our board and lake community, and word is spreading about the increasing desire to provide you with a support letter of lake member signatures. The organized style of your presentation, as well as the quality of the data gathered, were extremely effective in conveying your message of recommendation. Your professional approach in providing detailed data along with photographs of Lake,Montonia was greatly -appreciated. Let me express on behalf of the Lake Montonia Board, how pleased we were to have you share your expertise in recommending Lake Montonia to HQW. Jeff, as you are also aware, Lake Montonia has been working very diligently over.the past years to protect and preserve the quality of lake life and heritage for future generations to come. A few of the activities we are proud of are: 1. Organizing a neighborhood Environmental Impact & Long Range Planning Committee for the purpose of determining how to best protect the natural resources at Lake Montonia 2. Monitoring water quality in the lake, which is fed by two streams flowing from nearby Kings Mountain ridge range (Lake members were trained in sampling techniques for quality testing at nearby Shelby lab. Tests and records have been kept since November, 1993, primarily for fecal coliform bacteria count. Still continue annual testing for health and safety regarding swimming/fishing) 3. Implementing annual Five Part Aquatic Plant Management Plan for weed control to maintain and improve quality of water and fish 4. Meeting with N.C: Forest Service to inventory tree species -- from huge oaks to horse chestnuts; meeting with naturalist to identify and protect wildflowers and birds; and putting signs up to protect wildflowers like Solomon's Seal in areas once mowed 5. Winning Cleveland County Chamber's Environmental Awareness Award 6. Working with private developers and State conservancy groups to encourage the purchase of the ridge connecting the Kings Mountain Pinnacle ridge with Kings Mountain State & National Military Park 7. Working with the N.C. Fisheries in meeting requirements for stocking our lake with carp for weed control 9 8. Working with the N.C. DEHNR in approving plans and a timeline for updating our dam and spillway 9. Working with the N.C. DWR Planning Branch in receiving final approval for the reclassification of our lake to HQW Jeff, thank you again for your invaluable assistance. Particularly let me express my appreciation for your staff's generous donation of time and effort in the gathering of data and preparation of the report for the July 13th public hearing for our HQW. Sincerely, Jo n L. Still President, Lake Montonia Board enclosure: Newspaper article & Reference Material to Letter -I• he S ig naiL.ves on -�Ke +0110� n,9 page. ,eve. ab�a�nPd Su.Vidar eiccnin, dLLYivt an iCc crca»u S o cI al at the, l ayr, P a.-Ii l 04.. ;e- -thevc Uuc-r-e.� S vnall ChiidreA, up -to an earl mewiber in her n� y1e�es ram.;liGS brow Kf Churns a del ieioe�S horrte- wiadc Ice Cve& M • Acme of oL.v Yau.n Childvcre> p6n nen,�,. ppealar-Sgathwcoi" w;tw au+aysand -LUC+air fatry Inr- sKaS of yn,_ele-�tke SFiash,K�w2Y N eYcik aii,x 9 Ye - it r d 11, and elf -Frlems . rcuo4.s `NIS emnin �►fiorni 2es ��e life WI-111 w�Lal(� 'YYloni-onia blc=Ses 4S• . tc5 er u � tkl S H a4i a Latin of u,itl ps ro+cc+c►-t re Ins a -t ae-Viii� I iv'►vt4 � S �l a t� -RA �. enl�anc�h--�l�wcrs a b'�rdS •{axcb Ace;, Y a Casa S 4sc aril • t-hanK ,`Joa, fair �ouv 1Relp �, Sa�2)t au r' nls It at K-eage� -by ot�r �a1c,e'�d tew.r! b . C hrmv L, a,aA yn Y e Vie ra+io n S tohi eo 10 RESOLUTION SUPPORTING THE RECLASSIFICATION OF LAKE MONTONIA TO HIGH QUALITY WATERS WHEREAS THE LAKE MONTONIA BOARD REQUESTED THE N.C. DIVISION OF WATER QUALITY (DWQ) FOR LAKE MONTONIA AND THE TWO UNNAMED TRIBUTARIES FEEDING THE LAKE TO BE RECLASSIFIED FROM THEIR CURRENT CLASSIFICATION OF '!B" TO INCLUDE HIGH QUALITY WATERS ("HOW"), AND --- WHEREAS THE LAKE BOARD REQUESTED THIS CLASSIFICATION FOR THE PURPOSES OF PROTECTING THE PRISTINE NATURE DUE TO POTENTIAL INCREASED DEVELOPMENT PRESSURE IN THE WATERSHED, AND --- WHEREAS THE DWQ CONDUCTED A SAMPLING STUDY FROM APRIL 3, 1996 TO SEPTEMBER 3, 1997 TO DETERMINE THE SUITABILITY OF LAKE MONTONIA FOR THE HIGH WATERS DESIGNATION, AND --- WHEREAS LAKE MONTONIA, MEETING ALL CRITERIA FOR HOW, WAS RECOMMENDED FOR RECLASSIFICATION TO HIGH QUALITY WATERS AT A PUBLIC HEARING ON JULY 13, 1999, CONDUCTED BY THE N.C. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES ON BEHALF OF THE ENVIRONMENTAL MANAGEMENT COMMISSION BE IT THEREFORE INDICATED BELOW THAT THE SIGNERS SUPPORT: (1) THE DWQ'S RECOMMENDATION FOR RECLASSIFICATION OF LAKE MONTONIA TO HOW; AND ENDORSED: (2) THE FINAL DECISION BY LEGISLATION IN AUGUST, 2000 SIGNED THIS DAY OF AUGUST 1, 1999 11 t ojj.i 5w na/-,t-zt- W 12 �astdn cnuntyhad na r unty-owned earls and no recreation program when Carl Bober became director of parks and nrreab in 1973. Residents will become moreand more grateful in Dave th! new Ba.itmillennium, y. however.forwhat he has .aceomplishedin 26 years. Ardh frugalityand common sense, he has built a county ecwras COMMENTARY among the best in the state. Soon after joining the county, he launched a plan that has saved 750 acres from being gobbled up by developers. .Those fields and woodlands have been converted to places like the Gaston County Park near Dallas, where folks can play softball, baseball and tennis, walk wooded trails for exercise, angle for fish in one of three takes or enjoy a lazy picnic in the afternoon sun. That's but one of the 16 parks that have been built orput under construction since Babertookthe helm. Baber, 65, retired June 1, but the momentum he built continues. An 1.100•ac re stretch along the banks of Mountain Wand lake and the Catawba River north of Mount Holly is slated to become an educational forest operated by the N.C. Forestry Service. Don't think it will simply be a place where students can learn how to raise trees or control insects that destroywoodlands. It'll have hiking bulls, picnic areas and quiet glades where people can relax and get back in touch with nature. It also will help protect the watershed for the bulk of Gaston County's water supply. Amazingly, Baber and his Recreation & Parks Advisory M .U151K By SCOTT DODD Staff Writer Suburban development is con- suming forests and farmland in Gaston, Lincoln and Cleveland counties at a rate of several dozen acres a day — a pace that alarms many experts concerned about the Legion's environment Consider these numbers: ■ More undeveloped land is con- verted to homes and businesses in Gaston County ev- ery year than the 4� R A 6r 111 amount of land m 4� ��1I Wr H 3,025-acre Crow- ��s dens Mountain State Park. One- f70m here' third of Gaston's urban land has been developed in the past seven y I Lincoln County, more farm- land was converted to residential development between 1994 and 1997 than in the previous 10 years. Overall, Lincoln has lost nearly 20,OD0 acres — a quarter of its agricultural land —since 1971. ■ Fifty subdivisions have been built in Cleveland County in the past three years, adding nearly 800 houses. Most of them use public water but have their awn septic systems — a major source of po- tential groundwater pollution. Pasture land bulldozed for sub- divisions and shopping malls is just the most visible sign of change Rampant development — or sprawl — is the underlying cause of many of the area's growing environmental problems. "Sprawl affects water quality and air quality," said Martha Bur- ris, local director of the N.C. Coop- erative Extension Service "There's always a balance and always a cycle, and one thing impacts the next" It all stems from changes in the way we use our land particularly farmland. Many farmers are retiring with - Board put it all together on the wao oyaoa PArw6Tr/Spe" to The Oba out anyone to take over for them, A crystal clear stream feeds Lake Montonle In eastern Cleveland County. Residents watt to keep It dean and are preparing to work with developers to preserve their little plow of _ -- Please see SABER f page 6L heaven. Please see GROWTH f page 6L . -XC�y SIC, hl6fay of 1BEC On YI"r flet'e - Lake dwellers prepare to preserve' -their. paradise "You lose somethingyou can't replace. You can't isolateyourself, no matter where you live on Earth. We want to work with developers." JOHN STILL LAKE MONTONIA RESIDENT By JOE DeMEST Staff Writer Kimes Mouptra N —John and Pat Still hadn't lived in the Lake Montonia community long be- fore rumors surfaced about de- velopment headed their way. There was talk about a golf course and big homes on the rugged slopes near Kmgs Moun- tain. The Stills — just arrived from Dunedin, Fla, where they saw what rapid growth could do — were upset They'd retired to lake Mon tonia to 1991 not only because it was near his hometown of lGngs Mountain, but also because of the area's natural beauty and isolation. The rumors worried John Still, a retired educator with the Pinel- las County Department of Edu- cation. He feared golf -course runoff might pollute the 16-acre lake, along with other lakes in the area. He was concerned about the effects on the rich plant life and wildlife Still went to work organizing residents to protect their envi- ronment "We're not against develop- ment, but you have to be care- ful," says Still, 65, president of the Lake Montonin Board "We don't want to see a repeat ofgunmanaged growth. You lose somethingyou can't replace.You can't isolate yourself, no matter where you live on Earth We want to work with developers" Though the rumors faded, Still didn't relax. Based on what he'd seen in Florida, where he'd sup- ported environmental causes, he expected another developer with another plan Today, as new rumors about a big-time develop. ment circulate, Still feels Lake Montonia residents are better positioned to protect their com- munity. To prepare for growth, lake residents created a database to measure the effects of develop- ment and help them take action. They organized a neighborhood committee that worked with state agencies to inventory plants and animals. And they moni- tored water quality in the take, which is fed by two streams flowing down from nearby Kings Mountain range. Still feels these are important steps to preserve the beauty of the quiet mountain neighbor- hood. Bill McCoy, director of the UNC Charlotte Urban Institute, says that as growth continues in See MONTONIA f page 61. ....,-.•--x•._..,�- .r; :.. -•;-.-o--.r�,.T....-,,.._,..�,_�--•n--.r.y>.��rtrc---.....e..�r""-�;...".-•.••.•�_.T's•a---.-t"..- .. r. .,•sr-,.. rw•. .�3 13 Lake dwellers try to preserve heir paradise MONTONIA from IL the Charlotte region, the Kings Mountain range probably will be- come 'very attractive to develop- ers.. He thinks lake Montonin resi- dents have the right strategy. "They ve got to get themselves in position to at least talk with developers and maybe even negoti- ate things," McCoy says "That's smart Their little piece of heaven is not going to stay the way it is. If this wave of develop- ment doesn't change IL the next wave WILL" In 09 beginning Lake Montonia Club was forted in Cleveland County in 1922 by men from Gastonia and Wings Mountain (Montonia is a combination of Mountain and Gas- tonia) who wanted a fishing lake and a place to hunt They built rough shelters that were replaced by cabins and larger houses. Today. the gated community has about 60 houses where about 20 families live year-round. There are swimming and boating, tennis and volleyball and a pavhhon where kids have dances and adults can sit and talk Dominating the view is 1,705-foot-high Kings Pinnacle ris. ing five mites in the distehtce The club is operated as a non- profit organization run by an elected volunteer board of direc- tors made up of stockholders from Cleveland and Gaston counties. Still grew up in Kings Mountain, where his father, Garland Still, once served as mayor. He spent summers at Lake Montonia at the cabin of his grandfather, R.L Mau- ne. ,.it was a lot of fun," Still says. "I fished a lot and played with the Other children. It was really beauti- ful. Out here you had the illusion of being in the Blue Ridge Moun- tains" After graduating from Davidson College and Peabody College in Nashville, Tenn., SUIT moved to Dunedin in 1956. He worked with human resources at the Pinellas County Board of Education and the University of South Florida He remembers how shopping centers, homes and highways transformed rural areas "The growth there was so great and without any thought or long- range planning," Still says. Still and his wife got involved in environmental issues — projects like helping save a 100-yearold oak tree from the bulldozers. When they moved back to Kings Mountain and renovated a house at Lake Montonia, they enjoyed the natural setting and sense of isola- tion, though it was just four miles from the city of Kings Mountain. Taking acUon Then rumors of a developer's Interest shook the security that Lake Montonia residents had felt from more than 50 years of isola- tion. With the approval of the com- munity's board, Still helped orga- nize a 26-member environmental- impad' committee to determine how to protect natural resources. The group metwith the N.C. Forest Service to inventory tree species — from huge oaks to horse chestnuts They got a naturalist to identify and protect wildflowers and birds. Signs went up to protect wildflow- ers hike Solomon's seal !n ress once mowed by machines. Houses dot the rim of lake Montonla in southeastern Cleveland County. Residents am flghUrg to preserve their unspoiled lake. LAKE MONTONIA Name: Lake Montonia Club Inc. Montonia blends parts of the ' names of Kings Mountain and Gas- . tonia. Organtratlon: Fomhed In 1922 by a group of men from Kings Mountain and Gastonia. Today, the private dub is operated as a non- profit organization run by an elected volunteer board of directors made up of stockholders from Cleveland and Gaston counties. Location: Off N.C.161 about four miles south of Kings Mountain at the base of Kings Pinnace. Population: About 200 mem- bers. They occupy 60 houses, about 20 of which are full-time res- idences. Lot sales: Some lots have been In the same families since 1922. There is little property turnover, but when a let becomes available it goes fast by word of mouth. No commercial real estate signs are al- lowed Inside or outside near the community. Membership: The dub has 25 associate members who aren't property owners at the lake. Associ- ates are recommended to the board for approval by full members. Lake ake:16 acres, fed by two streams that flow from the Kings Mountain range. Community committees: Vol- unteers serve on a Lake Montonia Environmental Committee and a long-range planning committee. Volunteers also do regular cleanup and fix -up work at the property. A cheddist* for 53 species of birds included new species such as tted sandpiper, cedar waxwing, fir-eved vuw ed rose Meanwhile, the group got a ceF tified water biologist to test water quality at the lake. A professional lab analyzed samples Tests were made primarily for fecal-coliform bacteria count, the best indicator of fecal pollution from domestic sources. Still says the tests provide resi- dents with a certified database of what was happening to the quality of the water. The information, which is up- dated, can be used U residents detect a change in the water after development begins. Eventually, the committee asked lake. the state to begin testing the lake in an effort to get a higher water classification. ggooa Quality Still says that if runoff from a ing urge & Q uthe lake, hev Water dessi& cation could enable residents to get the developer to build a holding basin to catch runoff. A public hearing on the issue is ad for July at Kings Mountain City Hall. As a new round of rumors about a golf course/housing complex arise, Still says residents support efforts by the state and a conserva- tion group to buy land along the Kings Mountain range ridgeline. Last month, two N.C. trust funds put together a $3 million grant package that could be o link Crowdeers Mountain � ( Kings Mountain state and federal perks. There's no word on what the land. owners might do because a major developer is interested in the same property. The N.C. Natural Heritage Trust Fund approved a $1.8 million grant to buy 1.100 aces in Cleveland and Gaston counties. The N.C. Parks and Recreation Trust Fund had earlier approved $12 million for the same project. With the money, the land could be bought and turned over to the N.C. Division of Parks and Recreation. The link would conned Crow- ders Mountain State Park in North Carolina with Kings Mountain State Park and Kings Mountain National Military Park in South Carolina. The deal would create a 15,000- acre natural preserve with a com- mon trail system, all less than an hour west of Charlotte "I can't think of anything more wonderful than a park along that ridge," says Nancy Nickels, 73, a retired Charlotte schoolteacher who has a house at lake Montonia. "It's fantastic" Nickels, a Kings Mountain na- tive, wants mountain land pro- tected and thinks the community environmental committee is doing a good job. A new committee is worsting with the city of Kings Mountain to focus on other Issues, such as annexation. Members also plan to meet with officials in Cleveland and Gaston counties and Gastonia Still says it's important to keep up with what's going on around the region and plan. It's better to work as early as you can and not wait for a crisis to happen," he says. "You've got to start working together to protect the land we'll leave to our chil- dren." Reach Joe Deprien at (704) W&7745 orjdepriatCathartoftcom 14 APPENDIX A-1 North Carolina Division of Water Quality Water Quality Section Environmental Sciences Branch August 1998 HIGH QUALITY WATERS EVALUATION OF LAKE MONTONIA This document has been approved by _ _ —� --- ____ Assistant ef, Water Quality Section roam tal ciences Branch Date ---`'1---- A-2 Table of Contents Listof Figures........................................................................................................... ii Listof Tables............................................................................................................. ii Appendices................................................................................:.............................. ExecutiveSummary............................................................................................... 1 Introduction............................................................................................................. 3 FecalColiform Bacteria.......................................................................................... 4 Metals......................................................................................................................... 7 FieldParameters...................................................................................................... 7 Nutrients, Chlorophyll and Algal Growth Potential Test Results ............... 8 North Carolina Trophic State Index(NCTSI)................................................... 11 Phytoplankton and Aquatic Macrophytes....................................................... 12 LakeHydrology........................................................................................................ 13 StatisticalAnalyses.................................................................................................. 13 WatershedLand Ownership................................................................................. 23 Conclusions and Recommendation................................................................... 27 References................................................................................................................. 28 i A-3 List of Figures Figure 1 Map of General Location of Lake Montonia.............................. 5 Figure 2 Map of Lake Montonia Monitoring Locations ......................... 6 Figure 3 Lake Montonia Total Organic Nitrogen .................................... 9 Figure 4 Lake Montonia Total Phosphorus .............................................. 9 Figure *5 Lake Montonia Chlorophyll a ..................................................... 10 Figure 6 Lake Montonia Mean N.C. Trophic State Index ...................... 11 Figure 7 Fisher's LSD Results for NCTSI.................................................. 17 Figure 8 Lake Montonia Watershed Landowners .................................. 24 List of Tables Table 1 Sampling Stations and Parametric Coverage ............................ 4 Table 2 Lake Montonia Mean Lake -wide NCTSI Data Values.....:...... 12 Table 3 Phytoplankton Density and Biovolume for Station LM1.....................:............................................................................... 12 Table 4 Mean NCTSI and Individual Parameter Means ...................... 15 Table 5 Fisher's LSD Summary - Ten Parameters ................................. 18 Table 6 Kruskal-Wallis Ranking Summary ............................................ 19 Table 7 Bonferroni/Dunn Comparison of Lake Montonia and ReferenceLakes............................................................................... 20 Table 8 Mann -Whitney Nonparametric Analysis of Lake Montonia and Reference Lakes .................................................... 21 Table 9 Mann -Whitney Analysis of Mountain Lakes Compared toLake Montonia............................................................................ 21 Table 10 Landowners in Lake Montonia Watershed .............................. 23 Table 11 Parties in Attendance at the High Quality Waters Informational Meeting.................................................................. 26 Appendices Appendix A Lake Montonia Study Water Quality Data Appendix B Box and Whisker Plots ii A-4 Executive Summary The Lake Montonia Board, a group of citizens concerned about privately owned Lake Montoma, has made a request to the North Carolina Division of Water Quality (DWQ) for Lake Montonia and the two unnamed tributaries feeding the lake to be reclassified from their current classification of "B" to include a High Quality Waters ("HQW") designation. The Board has requested this classification for the purposes of protecting what they feel is Lake Montonia's pristine nature due to potential increased development pressure in the watershed. Because of this request, the DWQ conducted a sampling study from April 3,1996 to September 3,1997 to determine the suitability of Lake Montonia for the High Quality Waters designation. This summary discusses the data collected during this study. A total of eleven sampling events were conducted during the growing seasons from April 3 to September 26,1996 and from May 13,1997 to September 3,1997. Summary tables, located in Appendix A, are provided for all chemical data collected. Low fecal coliform bacteria concentrations were found during the Lake Montonia Study. No values above the state standard of 200/100 ml for protection of human health in all freshwaters were found. The frequency of sampling required by state standards (at least 5 samples in a 30 day period) was not necessary to perform because of the very low levels found during the regularly scheduled sampling runs. Metals analyses were conducted for cadmium, chromium, copper, nickel, lead, and zinc. However, only zinc was found at levels greater than the action level as defined in 15 NCAC 2B .0211 (4). Of the 23 observations collected for zinc, 3 observations were greater than the 50 µg/L action level for dischargers. As there are no dischargers located in the watershed, the action level becomes a numerical ambient water quality standard. The high zinc concentrations found may have been due to the leaching of zinc from the naturally occurring acidified soils in the watershed. These soil types are primarily Tatum gravelly loam, 15 to 25 percent slope, with a strongly acidic pH range of 5.1 to 5.5 s.u. Similarly, Lake Montonia was found to be somewhat acidic as evidenced by low pH levels. These isolated zinc levels are probably not a cause for concern and should not prevent Lake Montonia for consideration for High Quality Waters designation. Field parameters measured during the Lake Montonia Study indicated 2 pH levels slightly less than the state standard of between 6.0 and 9.0 standard units. The low pH values found were 5.4 s.u` and 5.8 s.u. The low pH values may be due to naturally acidic soil types in the watershed so these isolated low pH values are not a cause for concern and should not prohibit Lake Montonia from consideration for HQW designation. Good water clarity was present in Lake Montonia on all sampling dates as evidenced by high secchi disk readings. Stratified conditions were present at the deepest station, LM1, on most sampling dates. Low concentrations of nitrogen and phosphorus (nutrient levels) were found in Lake Montonia in both years of the sampling study. Chlorophyll a levels were also generally low in Lake Montonia with no values found above the water quality A-5 standard of 40 ug/L. Algal growth potential tests (AGPT) performed on a sample collected on July 9, 1997 demonstrated little potential eutrophication concerns. North Carolina Trophic State Index (NCTSI) scores calculated on data collected from Lake Montonia indicated oligotrophic conditions on all sampling dates. Oligotrophic lakes generally have excellent water quality and low biological productivity. The most oligotrophic NCTSI scores were found in 1997 at both stations. Phytoplankton analyses from samples collected in Lake Montonia in 1997 indicated no algal blooms of nuisance species. A green alga, Gleocystis vesiculosa, was the most dominant species present. Aquatic macrophytes were observed in ,Lake Montonia on most sampling dates but lake coverage was not extensive enough to cause problems. Prophylactic control measures have been taken by the Lake Montonia Board, including stocking of grass carp. Hydrological conditions in Lake Montonia differed somewhat between 1996 and 1997. A lake drawdown in September, 1996 in anticipation of possible flooding from a hurricane was performed although the storm event never materialized. The drawdown and subsequent lack of significant precipitation prevented flushing of Lake Montonia for much of 1997 so worst case hydrological conditions were experienced in 1997. No significant adverse water quality affects from the lake drawdown and lack of flushing were seen. in sampling results from 1997. Statistical comparisons of Lake Montonia water quality data compared to North Carolina mountain lakes water quality data indicated that Lake Montonia was comparable to these mountain lakes even though Lake Montonia is not a true mountain lake. A variety of statistical analyses were conducted to determine these comparisons and for certain parameters Lake Montonia water quality data suggested higher quality than many North Carolina mountain lakes. From data collected in the Lake Montonia Study, it appears that a High Quality Waters supplemental designation is appropriate to consider. The lake has been found to have excellent water quality during the water quality special study thereby meeting the procedure as defined in 15A NCAC 2B .0100 Procedures for Assignment of Water Quality Standards (DWQ, 1997) for designation of High Quality Waters. A2-6 Introduction The Lake Montonia Board, a group of citizens concerned about privately owned Lake Montonia, has requested that Lake Montonia and the two unnamed tributaries feeding the lake be reclassified from their current classification of "B" to include a High Quality Waters ("HQW") designation The Board has requested this reclassification for the purposes of protecting the watershed of Lake Montonia due to increased developmental pressure in the watershed. The supplemental classification, High Quality Waters (HQW), is defined in the 15A NCAC 2B .0100 Procedures for Assignment of Water Quality Standards (DWQ, 1997). High Quality Waters are defined as waters which are rated as excellent based on biological and physical/chemical characteristics through Division monitoring or special studies, native and special native trout waters (and their tributaries) designated by the Wildlife Resources Commission, primary nursery areas (PNA) designated by the Marine Fisheries Commission and other functional nursery areas designated by the Wildlife Resources Commission, critical habitat areas designated by the Wildlife Resources Commission or the Department of Agriculture, all water supply watersheds which are either classified as WS-I or WS-H or those for which a formal petition for reclassification as WS-I or WS-H has been received from the appropriate local government and accepted by the DWQ and all Class SA waters. Lake Montonia is a 16 acre privately owned lake in Cleveland County, N.C. in the Broad River Basin. The elevation at Lake Montonia is approximately 900 feet above sea level. Both the elevation and geographic location of Lake Montonia tend to place the lake in a category between a piedmont lake and a mountain lake. The lake was built in the 1920's. Two spring -fed ephemeral unnamed tributaries flow into the lake. The tributaries are located to the east and southeast of the lake. The drainage area of the lake is 1.94 square kilometers (0.75 square miles) and the watershed is primarily forested although 65 homes are located immediately around the lake. Approximately 25 of the homes have year round residents with the other homes having primarily summer usage. Septic tanks are used for waste disposal and drinking water is supplied by wells. Most of the homes have yards in a natural condition without grassed and fertilized lawns. Portions of Crowder's Mountain State Park and Kings Pinnacle are located in the watershed. All of these waters are currently classified "B". A roped -off swimming area is present on the lake and picnic and recreational areas are present in the immediate vicinity. A locked gate controls access to the only road into the property. Although Lake Montonia is a private lake, it is used frequently by large numbers of civic, church, and community groups for picnics, swimming, ana fishing with excellent fishing present Qohn Still, personal communication). According to Chris Goudreau, Fishery Biologist with the North Carolina Wildlife Resources Commission, no fisheries data has been collected in Lake Montonia by the Wildlife Resources Commission. Many environmental activities are organized by the Lake Montonia Board. Examples include lake and watershed clean-up days, manual harvesting of aquatic macrophytes, stocking of the lake with triploid grass carp for aquatic macrophyte control, fecal coliform bacteria testing, hiring of a naturalist to identify wildlife in the area, and environmental awareness program for youths. The Lake Montonia Board has won an environmental awareness award from Cleveland County. No 3 A-7 NPDES permitted dischargers or animal operations are located in the watershed of Lake Montonia. To determine the suitability of the High Quality Waters designation for Lake Montonia, water quality sampling was performed, during 1996 and 1997. A total of eleven sampling events were conducted from April 3 to September 26, 1996 and from May 13, 1997 to September 3, 1997. Two lake stations were monitored during each sampling event except for the initial sampling event performed on April 3, 1996, when 3 stations were monitored. Benthic macroinvertebrate communities in the two unnamed tributaries draining to Lake Montonia were not evaluated due to their small size and ephemeral nature. Water quality sampling stations and parametric coverage are presented in Table 1. Table 1. 1996-1997 Lake Montonia Sampling Stations and Parameters Station # Chemical* Physical** AGPT Phytoolankton LMl X X X X LM2*_** X X X LM3 X X X * NH3, TKN, NO2+NO3, TP, CHL-A, Total Solids, Total Suspended Solids, Turbidity, Metals, Fecal Coliform Bacteria ** Dissolved Oxygen, Water Temperature, pH, Conductivity, Secchi Depth ***LM2 was sampled only on April 3. 1996 A map of the general location of Lake Montonia is presented in Figure 1 and monitoring locations are presented in Figure 2. Water quality samples for the Lake Montonia Study were collected in accordance with Standard Operating Procedures Manual Physical and Chemical Monitoring. (DEM, 1996). All water quality samples were analyzed by the DWQ's Chemistry Laboratory. The following discussion summarizes results of the data collected. Fecal Coliform Bacteria Low fecal coliform bacteria levels were found during the Lake Montonia Study. No fecal coliform bacteria values were found above the state standard of a geometric mean of 200/100 ml. The standard is, however, based on at least 5 samples in a 30 day period and this frequency of sampling for fecal coliform bacteria was not deemed necessary because of the very low bacteria levels found during the regular sampling events. The highest fecal coliform bacteria that was found during the Lake Montonia Study was 64/100 ml, found at LM3 on June 24,1996. The Lake Montonia Board has also performed fecal coliform bacteria sampling with analyses performed by a private laboratory. Low fecal coliform bacteria levels were found.in this monitoring also. No fecal coliform bacteria concentrations were found above 20/100 ml in sampling performed by the Lake Montonia Board in 1993, 1994, and 1995.. V. -% Map of Lake Montonia Monitoring Locations 9DO O . ��- - / �C ► 100 -� CHEMICAL STATIONS A- Metals All metals sampled for (cadmium, chromium, copper, nickel, lead, and zinc) during the Lake Montonia Study were within state standards except for zinc. Three of twenty three (13 %) zinc values found were greater than the 50 ug/L action level. The maximum observed concentration for zinc was 120 µg/L, found at LM3 on September 26, 1996 and at LMl on September 3, 1997. As defined in the North Carolina DWQ, Classifications and Water Quality Standards -15 NCAC 2B .0211 (4), the action levels for metals (including zinc) are designed as criteria for dischargers and there are no dischargers in the watershed of Lake Montonia. In the case of no dischargers present, action levels are considered as numerical water quality standards, but these isolated high zinc values should probably not prevent Lake Montonia for consideration for High Quality Waters designation. High zinc concentrations have been found in agricultural soil in nearby Gaston County, although data for zinc concentrations in soil in the Lake Montonia watershed is not available (Steve Gibson, Natural Resources Conservation Service, personal communication). Additionally, the inputs of many trace elements, including zinc, to freshwaters are increasing due to industrial and combustion emissions which are subsequently deposited in lake watersheds during rain events (Nriagu and Davidson, 1980). The widespread acidification -of rain and snow falling on poorly buffered soils and fresh waters can result in the leaching of trace metals (Wetzel, 1983). Additionally, soil types (primarily Tatum gravelly loam, 15 to 25 percent slope) in the Lake Montonia watershed are strongly acidic with a pH range of 5.1 to 5.5 s.u. Lake Montonia was found to be somewhat acidic as demonstrated by the low pH values found. As lakes become more acidic the concentrations of many heavy metals increase as their solubilities increase and as sedimentary binding mechanisms decline (e.g., Jackson, et al., 1980). Field Parameters (dissolved oxygen, temperature, pH, and conductivity) With the exception of two surface pH values, no violations of water quality standards for field parameters were found during sampling performed for the Lake Montonia Study. The two pH values found outside of the state standard for all freshwaters of a range between 6.0 s.u. and 9.0 s.u. were both found at LM3. A'pH value of 5.4 s.u. was found on September 26, 1996 and a pH value of 5.8 s.u. was found on June 17, 1997. Soil types in the Lake Montonia watershed -are strongly acidic (pH range = 5.1 to 5.5 s.u.) so the low pH values are probably due to natural conditions. These isolated low pH values should probably not prevent Lake Montonia from consideration for High Quality Waters designation. Secchi disk readings indicated good water clarity at both sampling stations with a mean value for both years of the study of 2.9 n'ieters at LMI and 2.7 meters at LM3. Low turbidity and suspended residue levels were also found in Lake Montonia and verified by the relatively high secchi disk readings. Stratified conditions were found at LM1, the deeper station located near the dam, on most sampling dates. Dissolved oxygen and temperature levels declined from surface to bottom at this station with anoxic conditions found in the hypolimnion. Nutrients, Chlorophyll a ,,and Algal Growth Potential Results Nutrients (nitrogen and phosphorus) were generally found in low amounts in Lake Montonia in both years of the study. A notched box and whisker plot for total organic nitrogen for the Lake Montonia Study is shown in Figure 3. Total organic nitrogen is calculated by subtracting ammonia from total kjeldahl nitrogen. Located in Appendix B is an explanation page for the interpretation of box and whisker plots. As seen in Figure 3, total organic nitrogen levels were low at both stations but slightly higher levels were found at LM3. A notched box and whisker plot for total phosphorus is shown in Figure 4. As was the case with total organic nitrogen, low total phosphorus levels were found at both stations but slightly higher levels were found at LM3. 8 A-12 FIGURE 3 LAKE MONTONIA TOTAL ORGANIC NITROGEN (1996 and 1997 data combined, 22 observations) .3 .25 .2 0.15 .1 .05 .05 .04 a J¢ J.03 H c0 O 2 wj tel LM1 LM3 STATION FIGURE 4 LAKE MONTONIA TOTAL PHOSPHORUS (1996 and 1997 data combined, 22 observations) � c I i I f i I 0 ` LM1 LM3 STATION 9 A-13 All chlorophyll a concentrations collected were well below the state standard of 40 µg/L for lakes, reservoirs, and other slow -moving waters. Twenty one of 23 (91%) chlorophyll a values were less than or. equal to 10 µg/L. The highest chlorophyll a concentration (15 µg/L) was found at LM1 on June 13, 1996. Chlorophyll a levels were generally lower in 1997. A notched box and whisker plot for chlorophyll a data for the Lake Montonia Study is shown in Figure 5. As seen in Figure 5, chlorophyll a concentrations were low at both stations but higher levels were found at LM1. an �5 T 10 FIGURE 5 LAKE MONTONIA CHLOROPHYLL A (1996 and 1997 data combined, 22 observations) W LM1 LM3 STATION An algal growth potential test (AGPT) was conducted on a sample collected at LM1 on July 8, 1997. The AGPT provides a very good estimate of bioavailable and limiting nutrients at the time of sample collection. The objective of the AGPT is to determine the total quantity of algal biomass of a test organism supportable by the test waters under optimum physical conditions and to determine whether algal growth is limited by either phosphorus or nitrogen. The measurements are made by adding a test algae, Selenastrum capricornutum, to the test water and determining algal growth at appropriate intervals. An in -lake concentration of 5 mg dry weight/L (maximum standing crop) of the test algae is a level that will reasonably assure protection from nuisance algal blooms and fish kills in warm water southeastern lakes (Raschke,1989). A concentration of 5 mg dry weight/L converts to approximately 57 µg/L of chlorophyll a. In cases where the control maximum standing crop growth rates are >_ 5.0 mg/L, there are sufficient quantities of biologically available growth limiting constituents to support algal growth in excess of 57 µg/L chlorophyll a under ideal light and temperature growth conditions. Ideally, the in -lake concentration should be less than 5 mg dry weight/L as 57 µg/L is above the North Carolina water quality standard of 40 µg/L. The AGPT 0 A-14 result collected from Lake Montonia indicated a low AGPT concentration of a maximum standing crop (MSC) dry weight of 1.6 mg/l. The results of the nutrient limitation testing show that the sample was co -limited. These results indicate that Lake Montonia is not likely to experience nuisance algal blooms. Lake Montonia N. C. Trophic State Index North Carolina Trophic State Index (NCTSI) scores were calculated for the Lake Montonia study for 1996 and 1997. These scores give an indication of a lake's biological productivity. The scores are based on the parameters of secchi depth, total phosphorus, chlorophyll a, and total organic nitrogen These scores were then used to determine trophic status for each lake station for each sampling date. Mean NCTSI values for each station for both 1996 and 1997 are plotted in Figure 6. In both 1996 and 1997, as seen in Figure 6, oligotrophic (unproductive) mean NCTSI scores were found at both stations. In general, oligotrophic lakes have excellent water quality. The mean 1996 and 1997 lake -wide NCTSI scores for each sampling date along with data values are listed in Table 2. The generally lower (more oligotrophic) NCTSI scores found in 1997 are reflected in Table 2. FIGURE 6 LAKE MONTONIA MEAN NC TROPHIC STATE INDEX 1996 ❑ 1997 LM1 L-Ma STATION 11 A-15 Table 2. Lake Montonia Mean Lakewide NCTSI Data Values Sampling Date NCTSI Total P Secchi Total Organic Nitrogen Chl. a mg/1 meters mg/l µg/1 960403 -2.51 0.03 3.5 0.16 8 960613 -2.46 0.01 1.9 0.20 10 960624 -3.04 0.01 2.4 0.21 6 960723 -3.40 0.02 2.4 0.12 5 960820 -3.73 <0.01 2.6 0.19 10 960926 -3.79 <0.01 2.8 0.22 6 970513 -4.73 0.02 3.0 0.06 4 970617 -4.22 0.01 3.2 0.19 2 970709 -4.52 0.01 2.9 0.20 2 970814 -5.03 0.01 2.8 0.14 1 970903 -2.30 0.05 2.8 0.24 2 Phytoplankton and Aquatic Macrophytes Phytoplankton analysis was performed on samples collected from Lake Montonia in 1997. High species diversity was present with fifty species representing 32 genera enumerated in the samples collected at station LM-1 during July, August, and September. Overall sample densities and biovolumes were low (Table 3). Table 3. Phytoplankton Density and Biovolume for Station LML Biovolume Density Date No of Species (mm3/m3) (units/ml) 7/9/97 27 3160 6200 8/14/97 27 1400 1970 9/3/97 12 2910 3500 The green alga Gleog:ystis vesiculosa was the most dominant alga. The next most dominant alga was Ochromonas species 3, a ubiquitous chrysophyte. All remaining species had low importance values. Blue green algal species were observed but had low absolute and relative densities and biovolumes. Duarte, et al. (1992) examined phytoplankton communities along with lake trophic status for 165 Florida lakes. These researchers noted a shift in dominance from green algae in oligotrophic lakes to dominance by blue green algae in eutrophic lakes. The genus Gleocvstis was commonly found in oligotrophic lakes in this study, and contributed a large proportion to the biomass of the communities. Oligotrophic lakes generally have excellent water quality. Gletiswas also a dominant species in samples collected by the N.C. DWQ in the oligotrophic mountain lakes, Hiwassee Reservoir and Nantahala Lake, in June and July 1993. No water quality problems were noted in Lake Montonia based on the composition of the phytoplankton communities or sample densities .or biovolumes. 12 A-16 On all sampling visits to Lake Montonia aquatic macrophytes were observed. The macrophytes were limited to an area in the upstream end of the lake, primarily in the mouths of the coves where the two unnamed tributaries feed the lake, and to some scattered areas on the lake's shoreline. Lily pads (species undetermined) were observed along with another species that was collected for identification on April 3, 1996. The macrophyte collected was determined to be Myriophyllum brasiliense kparrot's feather). Parrot's feather is a native of South America and was introduced to the United States as an aquarium plant. This species grows in fresh water that is usually neutral to slightly alkaline. It may grow submersed to about a meter. Unlike other milfoils, parrot's feather has green -gray foliage that extends above the surface of the water. It can completely clog small ponds and canals. Parrot's feather has little wildlife value except for providing cover for fish. Another macrophyte sample was collected from the lake bottom at LM3 on June 17, 1997. This sample was identified as the macroalgae Nitella aga, ardh, which is a close relative of Chara Linnaeus. This macroalgae grows in meadows within somewhat deeper waters than Kara. Chara favors sheltered environments with sandy sediments of low organic content in slow moving hardwater with good clarity. Grass carp were purchased by the Lake Montorua homeowners association and stocked in 1997 to help control the aquatic macrophytes. Field observations made during some of the last sampling visits in 1997 indicated a noticeable decrease in parrot's feather perhaps although lily pads (species undetermined) were still present. Lake Hydrology According to John Still of the Lake Montonia Board (personal communication, September 26, 1996) the lake level of Lake Montonia was manually lowered by the lake caretaker in September of 1996 in anticipation of a possible flooding event caused by a hurricane. The anticipated flooding of the lake never occurred and later communication with Mr. Still in August and September of 1997 indicated that very little flushing of the lake occurred in 1997 due to the lowered lake level. Therefore worst case hydrologic conditions, with extended lake detetention times, were accounted for in sampling performed in 1997. Statistical Analysis No criteria presently exist for classifying lake water quality as excellent, although such judgments must be made in response to requests for High Quality Waters and Outstanding Resource Waters classification. Analysis of water quality information for reference lakes, will help establish realistic expectations for least impacted lakes within a given region. To have "excellent" water quality, a lake should meet or surpass attainable conditions; that is, the water quality of a candidate lake should be comparable to that -of minimally impacted lakes in the same region. Lake studies were conducted in the mountains of North Carolina in the summers of 1991, 1992 and 1993. The purpose. of this work was to characterize least impacted lakes to help evaluate excellent water quality in different regions of North Carolina. Emphasis was placed on water quality parameters associated with lake trophic status and phytoplankton community analysis. Lakes chosen for intensive sampling previously demonstrated the highest 13 A-17 water quality conditions within their respective regions and were thought to be minimally impacted by human activity. This selection of reference lakes was based on parameters associated with trophic status (nutrients, clarity, and chlorophyll a), a review of watershed information, and consultations with DWQ regional office staff. Because distinct regional differences are apparent in North Carolina, differences related to topography, geology, and predominant land uses, least impacted lake evaluations were also conducted in the piedmont, sandhills, and coastal plain regions of the state. Experience dictates that these regional differences should not be ignored while interpreting water quality information for lakes. For instance, it would be unrealistic to expect similar conditions in mountain reservoirs, piedmont reservoirs, and coastal bay lakes. From a pool of 27 different mountain lakes which have been monitored by DWQ since 1981, four mountain reference lakes were selected for evaluation in the 1991, 1992 and 1993 study (Hiwassee Reservoir, Nantahala Lake, Cedar Cliff Lake and .Allen Creek Reservoir). Mountain reservoirs as a group have much lower concentrations for all of the trophic water quality parameters when compared to .the mean for lakes statewide. Lakes of the piedmont region, on the other hand, generally have higher concentrations for all of the trophic water quality. parameters. Lake Montonia, because of its location on the borders of the piedmont and mountain physiographic regions of the state and shares characteristics with lakes of both regions: For this analysis, the decision was made to compare the water quality .parameters of Lake Montonia with that of lakes of the better of the two regions (the mountain region). Further, Lake Montonia was compared in detail with the four reference lakes of the mountain region. This comparison with lakes which are considered to represent the least impacted lakes of the mountain region and therefore have the best values for water quality parameters provides for a very rigorous determination of the comparative water quality of Lake Montonia. This determination will assist in the evaluation of this lake for reclassification as a High Quality Water. ComFarison of Mean North Carolina Trojhic State Index Scores and Parameters Mean NCTSI scores, total phosphorus (TP), total organic nitrogen (TON), Secchi depth, and chlorophyll a values for all mountain lakes, Lake Montonia and the four mountain reference I, kes are presented in Table 4. Lake Montonia's mean total phosphorus value (0.02 mg/L) was not greatly different than the mean total phosphorus value for the mountain reference lakes (0.01 mg/L) - it was equivalent to the mean total phosphorus value for all mountain lakes. Mean chlorophyll a concentration for Lake Montonia (5 µg/L) was not biologically significant (5 µg/L or less ). The mean chlorophyll a values for the four mountain reference lakes (range = 1 to 4 µg/L) were also within this range. The mean chlorophyll a concentration for Lake Montonia was equivalent to the concentration for all mountain lakes. 14. A-18 Lake Montonia's mean total organic nitrogen value (0.18 mg/L) was greater than both the mean values for the mountain reference lakes (range = 0.08 to 0.15 mg/L) and the mean total organic nitrogen value for all mountain lakes (0.17 mg/L). The mean secchi depth value for Lake Montonia (2.8 meters) was similar to that of Cedar Cliff Lake (2.9 meters) but lower than the mean secchi depth values of Allen Creek and Hiwassee Reservoirs (3.3 meters), and Nantahala Lake (5.5 meters). Lake Montonia's mean secchi depth value was also lower than that of all mountain lakes (3.1 meters). Because the mean NCTSI score for Lake Montonia was influenced by the mean values for total organic nitrogen and secchi depth, this mean score is greater in comparison with those of the four reference lakes and with the mean NCTSI score of all of the mountain lakes. Although Lake Montonia's mean NCTSI score is greater than those of the mountain reference lakes, it is still within the oligotrophic score range (<2.0). Further, the higher NCTSI score for Lake Montonia as compared with the mountain lakes naturally reflects the geographic location of this lake in an area which borders both the mountain and piedmont regions of the state. Table 4. Mean NCTSI and Individual Parameter Means NCTSI Score TP mo/L TCN m /L Secchi Depth meters Chlorophyll a ua/L All Mountain Lakes -4.1 0.02 0.17 3.1 5 Lake Montonia - 3. 7 0.02 0.18 2.8 5 Allen Creek Reservoir -6.3 0.01 0.10 3.3 2 Cedar Cliff Lake -5.7 1 0.01 1 0.08 2.9 1 4 Nantahaa LaKe -7.1 0.01 0.10 5.5 1 1 Hiwassee Reservoir -5.0 0.01 0.15 3.3 1 2 STATISTICAL ANALYSES OF VARIANCE (ANOVA) Various statistical tests can be used to compare Lake Montonia with the 31 mountain lakes including the four reference lakes. The analysis of variance is often useful in evaluating environmental effects. The loss of information due to missing data is relatively small (Steel and Torrie, 1960). Although the data presented for parametric statistical analysis do not necessarily meet strict ANOVA assumptions (i.e., data are normally distributed, the variance of the samples are homogeneous and the samples are independent - not sub - samples), the results of the analysis are consistent with nonparametric analysis which will be presented subsequently. One single inferential decision should not be based on the results of the parametric analyses. The sampling scheme for North Carolina lakes was not designed to be analyzed in this manner. The parametric ANOVA analysis assumes a normal distribution of the data. The parametric data are not normally distributed. The NCTSI data is nearly normal, however, the NCTSI does not pass the test for normality. These analyses were performed to explore the data currently 15 A-19 available. Analyses based on the normality assumptions were included because of the general agreement with the nonparametric tests. Fisher's LSD - Separating the Lakes into Groups In many situations it is possible to construct different groups so that variation among units within groups is less than that among units in different groups. The least significant difference (Fisher's LSD) is a parametric statistical test valid for comparisons of means. The Fisher's LSD is analyzed using the .05 probability condition. The LSD is basically a student's T test using pooled error variance (Abacus, 1989; Steel and Torrie, 1960): The Fisher's LSD, which will segment the 27 mountain lakes into statistically similar groups by parameter means, is a liberal test which may produce more groups than may be found to be significantly different under more , conservative testing. For the purposes of evaluating the issue of excellent water quality, the more groups, the more differentiation; and thus the test is more selective of the best groups. Thus making Fisher's LSD a valuable tool for presenting the best of the lakes under investigation. The Fisher's LSD results for the parameter NCTSI are presented in Figure 7. Notice that there is an overlap between those lakes designated as belonging to "group a" and those lakes designated as belonging to "group V. While the lakes represented in "group a" are statistically similar, and the lakes belonging to "group b" are statistically similar, lakes that are located in both groups should not be inferred to be different. For example, there is a significant difference between Nantahala Lake and Lake Montonia for the NCTSI parameter because they appear in two different groups ("group a" and "group c"). But there is no discernible significant difference between Allen Creek Reservoir and Lake Montonia because they both share representation in the "c group". There is also no significant difference between Hiwassee Reservoir, Allen Creek Reservoir, Cedar Cliff Lake and Lake Montonia because they each appear in group c . The- Fishers LSD ANOVA determined that the 31 mountain lakes can be divided by the NCTSI into eight significantly different groups and that Lake Montonia appears in the third best group along with three of the four mountain reference lakes (Figure 7). Thus, based on the Fisher's LSD ANOVA analysis for NCTSI's, the water quality of Lake Montonia is significantly different than one of the four mountain reference lakes (Nantahala Lake). Table 5 summarizes the complete. analysis of the Fisher's LSD evaluation for Lake Montonia and the mountain reference lakes. For each parameter, the number of statistically different groups that were generated is presented along with the highest individual group within this set in which each lake was placed. For example, Lake Montonia placed in the premier group (group 1).of four statistically different groups for chlorophyll a. Similarly, all of the reference lakes were also placed in group 1 out of the four groups for chlorophyll a.. Lake Montonia placed in the premier group (group 1) for eight of the ten parameters. 16 A-20 Type III Sums of Squares source df Sum of Squares Mean Square F-Value P-Value LakeName 30 1811.942 60.398 23.039 .0001 Residual 403 10515AE 2.622 Dependent: NCTSI Fisher's Protected LSD Effect: LakeName Dependent: NCTSI Significance level:.05 NANTAHALA LAKE LAKE CHEOAH BURNETT RESERVOIR BUSBEE RESERVOIR CALDERWOOD LAKE ALLEN CREEK RESERVOIR CEDAR CLIFF LAKE APALACHIA LAKE BEETREE RESERVOIR THORPE RESERVOIR LAKE TAHOMA HIWASSEE RESERVOIR FONTANALAKE BEAR CREEK RESERVOIR SANTEETLAH LAKE LAKE JAMES LAKE ADGER LAKE MONTONIA LAKE SUMMIT ASU LAKE LAKE TOXAWAY CHATUGE LAKE WOLF CREEK RESERVOIR LAKE JULIAN KERR SCOTT RESERVOIR LAKE LURE CASHIERS LAKE LAKE JUNALUSKA LAKE SEQUOYAH LAKE EMORY WATERVILLE LAKE Count Mean 37 -7.089 6 -6.567 10 -6.540 1 -6.300 4 -6.300 20 -6.295 16 -5.694 9 -5.278 2 -5.250 23 -5.213 4 -5.100 63 -4.978 18 -4.744 4 -4.075 23 -4.048 55 -3.820 6 -3.783 23 -3.739 9 -3.533 1 -3.400 4 -3.325 9 -3.256 4 -3.050 6 -2.850 15 -2.340 17 -1.982 2 -.800 24 -.500 6 .383 5 .460 81 3.037 a a b a b a b c a b c a b c b c b c b c d b c d b c d c d c d c d e c d e c d e c d e c d e c d e c d e f c d e f c d e f c d e f d e f e f f f g f g 9 9 h Table 5. Fishers LSD Summary - Ten Parameters Mean Group Mean Ohl a Group Mean TON Group Mean TP Group Mean Sa =n Group LAKE NCTSI Mof u /L Mof m /L Mof m /L *of 0 meters Mot Lake Montonia (n - 23) .3.73 9 3 (8) 5.043 1 (4) 0.176 1 (5) 0.017 1 (5) 2.787 4 (6 ) Allen Creek Res. (n - 20) -6.295 I(S) 2.325 1 (4) 0.098 I(s) 0.009 i(S) 3.290 4(6) Cedar Cliff Lake (n = 16) -5.694 2(8) 4.094 1 (4) 0.084 0.146 I(s) I(s) 0.011 0.012 I(s) I(s) 2.862 3.280 4(6) 4 (6 ) Hiwassee Res. (n a 65) -4.978 3 (6) 2.362 1 (4) Nantahala Res. (n = 39 -7.089 I(q) 1 0.872 1 4 0.103 1 5 0.012 1 5 5.457 1 (61 Mean NI 13 Group Mean NOx Group Mean TIN Group Mean TKN Group Mean TN Group LAIC ma/L Mof ma/L Mof (1 mo/L Rot 0 mo/L Mof 0 mo/L Mof 0 Lake Montonia (n = 23) 0.024 1 (2) 0.005 1 (7) 0.029 1 (4) 0.200 1 (4) 0.205 1 (6 ) Allen Creek Res. (n = 20) 0.027 1 (2) 0.101 2(7) 0.128 1 (4) 0.125. - 1 (4) 0.226 0.160 2(6) i(S) Cedar Cliff Lake (n = 16) 0.029 1 (2) 0.047 1 (7) 0.076 1 (4) 0.113 1 (4) Hiwassee Res. (n = 65) 0.034 1 (2) 0.020 1 (7) 0.054 1 (4) 0.174 1 (4) 0.194 1(6). Nantahala Res. (n = 391 0.023 1 (2) 1 0.008 1 (7) 1 0.03 1 (4) 1 0.126 1 (4) 1 0.133 1 (6) Kruskal-Wallis Analysis The Kruskal-Wallis test is the nonparametric equivalent of a one-way analysis of variance (ANOVA) by ranks. This is a test of the hypothesis that two or more groups all come from the same distribution against the alternative hypothesis that at least one of the groups come from ranks of the data. The test is resistant to outliers (Abacus, 1992; Steel and Torrie, 1960). The Kruskal-Wallis test was applied to the mountain lakes data to produce a mean rank for each of the mountain lakes. Mean ranks were then sorted and renumbered from 1-31,1 representing the best case and 31 the worst case. The results of the Kruskal-Wallis test for the NCTSI, generated from Statview® are presented below. These results indicate that Lake Montonia ranked in the 18th position, while the reference lakes Nantahala Lake, Allen Creek Reservoir, Cedar Cliff Lake, and Hiwassee Reservoir ranked 1,6,7, and 12 respectively thus suggesting that Lake Montonia was below the range of the mountain reference lakes. However, Lake Montonia ranked within the mid- range of all mountain lakes for. NCTSI score, .chlorophyll a and Secchi depth. Lake Montonia ranked above the mid -range of all mountain lakes for total phosphorus and was ranked better than Lake James and Thorpe Reservoir for this parameter. Thorpe Reservoir is classified as a High Quality Water (HQW). The summary rankings of these results are presented in Table 6. 18 A-22 Table 6. Kruskal-Wallis Ranking Summary (,:ontrol versus Treatment It is often desirable to compare a collection of treatment means to a control mean. If it is assumed that the selected reference lakes represent a control and that Lake Montonia represents a level of treatment, then it can be an appropriate situation for employing a statistical tool such as the Bonferroni/Dunn procedure. The Bonferroni/Dunn procedure is a multiple comparison procedure for making all possible pairwise contrasts among a collection of means and a central mean (Abacus,1992). This test has no limit on the number of comparison means that may be contrasted. This test may be used when the control group and the comparison group are unequal. It may also be used when the control group variance is not equal to the comparison group variance. The Bonferroni/Dunn procedure is somewhat liberal; the chances of error are that too many nonexistent significant differences are claimed. For. the purposes of evaluating excellent water quality, this aspect of the procedure is not a liability as decisions based on this information are likely to be more conservative. It is a rather important advantage to be able to determine whether or not the tested lake is different than the reference lakes and which parameter concentrations are different than the control. The Bonferroni/Dunn procedure was used to compare the four reference lakes, individually used as the control, against the 30 mountain lakes used as the assumed treatment. Table 7 summarizes the results of the Bonferroni/Dunn procedure relative to Lake Montonia. Note that Lake Montonia was significantly different than three of the four reference lakes for NCTSI score (the mean NCTSI scores for Allen Creek Reservoir (-6.3), Cedar Cliff Lake (-5.7) and Nantahala Lake (-7.1) were much lower (more oligotrophic) that the score for Lake Montonia which was -3.7). Lake Montonia was also significantly different than Nantahala Lake for Secchi depth. Lake Montonia was significantly lower than Allen Creek Reservoir for 19 A-23 nitrite plus nitrate (NOx). Significant difference was set at alpha = 0.05. For all of the other parametric comparison procedures, Lake Montonia was not significantly different than the control reference lakes when analyzed with the available data from the 30 mountain lakes from 1981 through 1997. Table 7. Bonferroni/Dunn Comparison of Lake Montonia and Reference Lakes Control Lake NCTSI ' TP NH3 NOx TKN TN TCN TIN SD CHLa Allen Creek Reservoir Y N N Y. N N N N N N Cedar Cliff Lake Y N N , N N N N N N N Nantahala Lake Y I N I N N I N N N N Y N Hiwassee Reservoir J N I N I N I N I N N N N N N N = Lake Montonia NOT SIGNIFICANTLY DIFFERENT THAN CONTROL Y ='Lake Montonia SIGNIFICANTLY WORSE THAN CONTROL Y' = Lake Montonia SIGNIFICANTLY BETTER THAN CONTROL The Mann -Whitney U test The Mann -Whitney U test is a nonparametric version of the two group unpaired t-test which test the hypothesis that the distribution underlying the two groups are the same (Abacus,1992). Since this test does not look at the observations, but considers their ranks, the Mann -Whitney test is resistant to outliers in either,of the groups being considered. When using the individual mountain reference lakes as a control, the NCTSI scores and total organic nitrogen values of these four lakes were found to be significantly lower than those of Lake Montonia while no significant difference was found in the ammonia values of the reference lakes as compared with Lake Montonia. Nitrate and nitrite nitrogen (NOx) and total inorganic nitrogen in Allen Creek Reservoir, Cedar Cliff Lake and Hiwassee Reservoir were significantly higher in comparison with Lake Montonia. The Mann -Whitney analyses of Lake Montonia and reference lake data is presented in Table 8. The Mann - Whitney analyses of all mountain lakes compared to Lake Montonia is presented in Table 9. 20 A-24 --Table 8.,Mann-Whitney Nonparametric Analysis of Lake Montonia and -- Reference Lakes Lake Montonia compared to Reference Lakes NCTSI TP NH3 NOx TKN TN TON TIN SD CHLa Allen Creek Reservoir Y. Y- N Y Y- N Y' Y N I Y. Cedar Cliff Lake Y. N N Y Y- Y- Y' Y N N Nantahala Lake Y- N N N Y' Y' Y. N Y' Y' Hiwassee Reservoir Y' f Nj N Y I N N Y' Y Y' Y' N = Not significantly different than Lake Montonia Y = Significantly worse than Lake Montonia Y' = Significantly better than Lake Montonia Table 9. Mann -Whitney Analysis of Mountain Lakes Compared to Lake Montonia Lakes which were found to be significantly not as good as Lake Montonia for each parametric based on results of the Mann -Whitney non -parametric t-test. - •' •� � • QIL7G�7L� • fi�7L�fu�IL'� el • 61 IKKOW 21 A-25 Results of this analysis indicated thatof the thirty mountain lakes compared with Lake Montonia, 23 lakes had at least one water quality parameter which was significantly greater than Lake Montonia. Santeetlah Lake and Cashiers Lake had only one parameter that was significantly higher than Lake Montonia. Allen Creek Reservoir, Cedar Cliff Lake, and Hiwassee Reservoir were found to be significantly different for some of the nitrogen species. Summary of Statistical Analysis The statistical analysis of water quality parameters for Lake Montonia as compared with the four mountain reference lakes (as well as with all mountain lakes) indicated that Lake Montonia was not significantly different than three of the reference lakes. Lake Montonia compared favorably with Allen Creek Reservoir, Cedar Cliff Lake and Hiwassee Reservoir. The fourth reference lake, Nantahala Lake, was significantly different than Lake Montonia. Nantahala Lake may be the best lake in the state in terms of water quality and has ranked highest in comparison with all mountain lakes for almost all of the water quality parameters. Lake Montonia is a borderline piedmont/mountain lake which demonstrates a statistical similarity with three of the best lakes in the mountains region in terms of water quality. It is reasonable to assume that Lake Montonia would rank at the top of all piedmont lakes, which generally demonstrate poorer water quality, higher trophic status, and more frequent water quality problems in comparison with the lakes of the mountain region of the state. A-26 22 Watershed Land Ownership The Lake Montonia watershed encompasses 479 total acres in Cleveland and Gaston counties. Seven principal landowners own land in the watershed. Principal landowners in the Lake Montonia watershed, size of land owned, and percentage of the watershed owned is listed in Table 10, and depicted in Figure S. Individual landowners directly around the perimeter of the lake are included in the portion owned by the Lake Montonia Club, Inc. TABLE 10 LANDOWNERS IN LAKE MONTONIA WATERSHED (479 TOTAL ACRES) Smith, George and Levaughn 2 acres/0.5% 306 Silver Street Kings Mountain, N.C. 28086 phone # - 704-739-3527 Anthony, James E. Jr. 20 acres/4% 611 Hillside Drive Kings Mountain, N.C. 28086 phone # - unpublished ' Bailey, Matthew C. and Amy F. 2 acres/0.5% 303 Fairview Street Kings Mountain, N.C. 28086 phone # - 704-734-1548 Plonk, J.O. 268 acres/56% 503 W. Gold Street Kings Mountain, N.C. 28086 phone # - 704-739-9235 Timm, David F. 11 acres/2% 523 Lake Montonia Road Kings Mountain, N.C. 28086 phone # - 704-734-1479 N.C. State Department of Administration 118 acres/25% (Crowder's Mountain State Park) 116 W. Jones Street Raleigh, N.C. 27603 Joe Sox - superintendent phone # - 704-853-5375 Lake Montonia Club Inc. 58 acres/12% P.O. Box 1174 Kings Mountain N.C. 28086 Charles Hubbard - president phone # - 704-739-8606 reclassification requested by: John Still - past president phone # - 704-734-0117 Cleveland /Gaston Cleveland Cleveland Cleveland/Gaston Gaston Gaston Cleveland i FIGURE 8 LAKE MONTONIA WATERSHED LANDOWNERS % OF WATERSHED (479 ACRES TOTAL) 0.5%(2 ACRES) , 4%a(20 ACRES) 12%(58 25%(118 ACRES) 2%(11 ACRES) 0.5%(2 ACRES) 56%(268 ACRES) OWNER % OF WATERSHED SMITH 0.5 ANTHONY 4.0 BAILEY 0.5 PLONK 56.0 TIMM 2.0 STATE OF NC 25.0 MONTONIA HOMEOWNERS 12.0 N SMITH II! ANTHONY ■ BAILEY PLONK ■ TIMM ® STATE OF NC IN MONTONIA HOMEOWNERS As seen in Table 10 and Figure 8, the landowner of most of the Lake Montonia watershed is J. O. Plonk, who owns 268 acres or 56 percent of the watershed. Negotiations have occurred between the Lake Montonia Club and J. O. Plonk for the purchase of land in the watershed to leave undeveloped for the protection of Lake Montonia. Some land has been acquired from J. O. Plonk by the Lake Montonia Club for this purpose. There are currently no zoning restrictions in most of the Lake Montonia watershed (not including the Crowder's Mountain State Park portion where commercial development is unlikely). On January 22, 1998 an informational meeting was held between representatives of the North Carolina DWQ and Lake Montonia watershed landowners and other interested parties. This meeting was held in King's Mountain, N.C. at City Hall. The purpose of the meeting was to discuss the High Quality Waters reclassification process and the water quality study performed by D.W.Q. Several items were discussed including the reclassification process, the possible affects on wastewater discharges and development in the Lake Montonia watershed, and sampling results collected from the water quality study. Parties that were in attendance at this meeting are listed in Table 11. 25 A-29 Table 11 Parties in Attendance at the High Quality Waters Informational Meeting Liz Kovasckitz DWQ Planning P.O. Box 29535 Raleigh, NC 27626-0535 phone # - 919-733-5083 ext. 572 KurtTrumbower DWQ Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, NC 27607 phone # - 919-733-6510 Jay Sauber DWQ Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, NC 27607 phone # - 919-733-6510 Chris Smith 925 Lake Montonia Road Kings Mountain, NC phone # - 704-739-5954 Levaughn Smith 306 Silver Street Kings Mountain, N.C. 28086 phone # - 704-739-3527 Thomas E. Adams Resident Manager - Lake Montonia Club 500 Lake Montonia Road Kings Mountain, NC 28086 phone # - 704-739-4402 A-30 26 John O. Plonk Jr. 118 N. Piedmont Avenue Kings Mountain, NC 28086 phone # - 704-739-4565 Larry D. Hamrick 1202 Townsend Kings Mountain, NC 28086 phone # - 704-739-6613 David Timm 523 Lake Montonia Road Kings Mountain, NC 28086 phone # - 704-734-1479 James C. Wilson Jr. . Lake Montonia Board of Directors 1133 Dumbarton Road Gastonia, NC 28054 Dr. John Still Past President - Lake Montonia Club 1102 Lake Montonia Road Kings Mountain, NC 28086 Bill McCarter Cleveland Co. Planning Dept. PO Box 1210 Shelby, NC 28151 phone # - 704-484-4947 Conclusions and Recommendations From data collected during the Lake Montonia High Quality Waters investigation, it appears that Lake Montonia does indeed posses excellent water quality. Low concentrations of fecal coliform bacteria, nutrients, and chlorophyll a were found during this water quality study. The NCTSI scores calculated for the lake indicated an oligotrophic status which generally indicates good water quality. Algal species present in the lake were those typically found in oligotrophic lakes with no nuisance species or bloom levels. Additionally, AGPT values were low with no potential eutrophication concerns. Aquatic macrophytes were found in Lake Montonia, but not at problematic levels. Metals concentrations were low except for a few zinc values which were above state water quality action levels. These values may be due to the leaching of zinc from the soils due to naturally acidic conditions in these soils and in the lake. Two low pH values below state standards were found in Lake Montonia but these are also probably due to the naturally occurring acidic conditions. Water clarity in Lake Montonia was evidenced by fairly high secchi measurements. Statistical comparisons of Lake Montonia water quality data compared to North Carolina mountain lakes indicated that Lake Montonia water quality data was similar to data collected in the mountain lakes, which generally have the best lake water quality in North Carolina. This is significant since Lake Montonia is not a true mountain lake but is located on the border of the mountain and piedmont lakes groups. Additionally, worst case hydrological conditions were sampled in Lake Montonia in 1997 due to the lake drawdown and lack of flushing but water quality parametric data concentrations remained low. From data collected during the Lake Montonia HQW investigation, it appears that the supplemental HQW designation is appropriate to consider. The Division of Water Quality's April 3, 1996 to September 3, 1997 investigation of Lake Montonia indicated excellent water quality in the lake. This investigation meets the procedures in 15A NCAC 2B .0100 Procedures for Assignment of Water Quality Standards (DWQ, 1997) for determining HQW, i.e. these waters must be rated as excellent based on biological and physical/chemical characteristics through Division monitoring or special studies. LakeMontonia and its tributaries should be considered for HQW classification. A-31 27 REFERENCES 1. Abacus Concepts. 1989. Super ANOVA. Abacus Concepts, Inc. Berkeley, CA. 2. Abacus Concepts. 1992. Statview. Abacus Concepts. Inc. Berkeley, CA. 3. Duarte, C.M., S. Agusti, and D.E. Canfield. 1992. Patterns in phytoplankton community structure in Florida lakes. Limnol. Oceanogr. 37(1):155-161. 4. Jackson, T. A., G. Kipphut, R. H. Hesslein, and D. W. Schindler. 1980. Experimental study of trace metal chemistry in soft -water lakes at different pH levels. Can J. Fish. Aquat. Sci. 37:387-402. 5. North Carolina Division of Environmental Management. 1996. Standard Operating Procedures Manual Physical and Chemical Monitoring. Raleigh, N.C. 6. North Carolina Environmental Management Commission, Amended Effective July 22, 1997, Procedures for Assignment of Water Quality Standards (15A NCAC 2B .0100), and Classifications and Water Quality Standards Applicable to Surface Waters of North Carolina (15A NCAC 2B .0200), Raleigh, N.C. 7. Nriagu, J. O., and C. I. Davidson. 1980. Zinc in the atmosphere. In J. O. Nriagu, ed. Zinc in the Environment. I. Ecological Cycling, John Wiley and Sons, Inc. New York. pp. 113-159. 8. Raschke, Ronald L. 1989. Use of the Algal Growth Potential Test for Data Assessment and Lake Classification. In Proceedings of a National Conference on Enhancing States' Lake Management Programs. Chicago, IL. Northeastern Illinois Planning Commission. North American Lake Management Society. Washington, D.C. 9. Steel, R.G. and J.H. Tome. 1960. Principles and Procedures of Statistics. McGraw-Hill Book Company, Inc. New York. 10. U.S. Department of Agriculture. May 1989. Soil Survey of Gaston County, North Carolina. Soil Conservation Service, Washington, DC. 11. Wetzel, Robert G. 1983. Limnology. Saunders College Publishing, Philadelphia. 767 pp. A-32 28 r W r r + W r r + W r r + W r r + r r r r r r r r r r r r r r y m®mM0mMOmMOOMMOm J 0 4m-oro�jm V V 0 0 V 0 0 0 J J 0 0 V J 0 0 J 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W 0 0 pD .0 0 0 W 0+ W V -� 0 V 0 0+ W 0 W m + N O W N N W J N N J 0 N N 0 0 N++ W A 0 A A 0 0 W W A A t0 m V V W W 0 0 0 0 W W A A W W W W W + N A O W A+ N O N O N 0 0 0+ A O + N A O + O m 0 1!1 W [A fA 0 W O W O (n 0 0 0 0 fA 000 O O J J J+ N W A W A 0 W W lA 0 W N to W 0 0 W V 3 A A A A P W W A 0 0 0 W A A A 0 A A A A W W A O O A J+ m m m+ O A+ O J O O 410 V+ ON .a �yyCC �TT �Q W OO OV000OOAJ0+r=m AN A +A O le� CA n A A A A A n n n n n A n n A n A n A A A c P N N N N N N N N N N N N N N N N N N N N N N N e 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o r 2 n A A A n n n n n n n n n A A n A A n n A n n N N N N N N N N N N N N N N N N N N N N N N L: V1 (A m fA 0 m N N W VI O fA lA UI fA (ran fA 0 0 lA IA fA IA W N N [J N A N N N N N O N N N N N W N O to W N^ N 10 V1 N -� TIT O W O W AA A A A A A A A A000000000 0 0 0 0 0 0 or.n A A n A n n A JA n n 0 0 000orWNWA 000000000000 A A A ::r!: W A V NWNV WO Po0 P V0 0 oCiio r. C:Yi} LAKE MONTONIA NUTRIENT AND CHLOROPHYLL DATA STATION DATE TIME I NH3 TKN • NO2+NO3 TOTAL P CHL a mg/1) mg/1) mg/I) mg/1) ug/I LM1 960403 1400 <0.01 0.2 0.01 0.03 10 LM2 960403 1341 ! <0.01 0.1 0.01 j 0.02 8 LM3 960403 1320 <0.01 0.2 <0.01 0.03 5 LM1 960613 1310 j 0.05 0.3 <0.01 0.01 15 LM3 960613 1250 j 0.04 0.2 j <0.01 0.01 4 LM1 ! 960624 1200 j 0.04 0.2 <0.01 1 0.01 5 LM3 960624 1140 0.04 0.3 <0.01 0.01 7 LM1 960723 1315 0.06 0.2 <0.01 <0.01 5 LM3 960723 1300 j 0.09 0.2 <0.01 0.03 5 LM1 960820 1200 <0.01 0.3 <0.01 <0.01 12 LM3 960820 1200 . 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After the the data have bee- orde:rd uom low to high, the 10th,.25th, 50th, 75th, and 90th percentiles are calcula*med for plot consmaction. Box and whiner plots display the following immrrant mrormaeon_ 1)_ the interoua--mle range (IQR) which measures the distribution and va_*iaomry of the bulk aI the data (located between the 25th and 75th perrcendles), 2) the aesred confidence inter rai . (I -a C L) for measuring the. smdsdcal si_gni-Ecance of the median (50di percentile), 3) indication of skew from comparing the symmeary of the box above and below the me. -Han, 4) the range of the data hLom the lowest to highest values, and 5) the extrerne v;21ues e ow .the loth uercenele and above t_he 90th percendle (depicted as dots). a 1 a s L j — <__ a 0 % 97 . F-- 7 5 % Re nge o _ I IQR CL F-- Median-50X 10 U � Visual coravarison of confidence level notches about the media= of two or Lore boxpiots can be used to roughly perorm hypothesis testing. If the bozDlots represent data from samvies assumed to be independent, then overlapping notcaet indicate no s:gnt-i-c= dif+erence in the samples at a prescribed level or confidence. Formal tests should subse^.uea'iy be perormea to verify pre':i =2-,y conclusions based on visual �rspecden of the plots. L — .r o i _C -----) • o I - C Semple Semple -' A H A-38 34 .0219 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS B WATERS The following water quality standards apply to surface waters that are for primary recreation, including frequent or organized swimming and are classified as Class B waters. Water quality standards applicable to Class C waters as described in Rule .0211 of this Section also apply to Class B waters. (1) Best Usage of Waters. Primary recreation and any other best usage specified by the "C" classification; (2) Conditions Related to Best Usage. The waters shall meet accepted standards of water quality for outdoor bathing places as specified in Item (3) of this Rule and shall be of sufficient size and depth for primary recreation purposes. Sources of water pollution which preclude any of these uses on either a short-term or long-term basis shall be considered to be violating a water quality standard; (3) Quality standards applicable to Class B waters: (a) Sewage, industrial wastes, or other wastes: none which are not effectively treated to the satisfaction of the Commission; in determining the degree -of treatment required for such waste when discharged into waters to be used for bathing; the Commission shall consider the quality and quantity of the sewage and wastes involved and the proximity of such discharges to waters in'this class; discharges in the immediate vicinity of bathing areas may not be allowed if the Director determines that the waste can not be reliably treated to ensure the protection of primary recreation; (b) Organisms of coliform group: fecal coliforms not to exceed geometric mean of 200/100 ml (MF count) based on at least five consecutive samples examined during any 30-day period and not to exceed 400/100 ml in more than 20 percent of the samples examined during such period. History Note: 'Authority G.S. 143-214.1; 143-215.3(a)(1); Eff. January 1, 1990; Amended Eff. October 1, 1995. A-39 .1006 STORMWATER REQUIREMENTS: HIGH QUALITY WATERS All development activities which -require a stormwater management permit under Rule .1003 of this Section and are within one mile of and draining to waters classified as High Quality Waters (HQW) shall manage stormwater runoff in accordance with the provisions outlined in this Rule. More stringent stormwater management measures may be required on a case -by -case basis where it is determined that additional measures are required to protect water quality and maintain existing and anticipated uses of these waters. (1) All waters classified as WS-I or WS-11 (15A NCAC :B .0212 and .0214) and all waters located in the coastal counties (Rule .1005 of this Section) are excluded from the requirements of this Rule since they already have requirements for stormwater management. (2) Low Density Option: Development shall be permitted pursuant to Rule .1003(c)(1) of this Section if the development has: (a) built -upon area of 12 percent or less or proposes single family residential development on lots of one acre or greater; (b) stormwater runoff transported primarily by vegetated conveyances; conveyance system shall not include a discrete stormwater collection. system as defined in Rule .1002 of this Section; (c) a 30 foot wide vegetative buffer. (3) High.Density Option: higher density developments shall be permitted pursuant to Rule .1003(c)(2) of this Section if stormwater control systems meet the following criteria: (a) control systems must be wet detention ponds or alternative stormwater manacement systems designed in accordance with Rule .1008 of this Section; (b) control systems must be designed to control runoff from all surfaces generated by one inch of rainfall. History Note: Statutory Authority G.S. 143-214.1; 143-214.7; 143-215.1; 143-215.3(a); E . September 1, 1995; Amended E . December 1, 1995. A-40 .0224 HIGH QUALITY WATERS High Quality Waters (HQW) are a subset of waters with quality higher.than the standards and are as described by 15A NCAC 2B .0101(e)(5), The following procedures shall be implemented in order to implement the requirements of Rule .0201(d) of this Section. (1) New or expanded wastewater discharges in High Quality Waters shall comply with the following: (a) Discharges from new single family residences shall be prohibited. Those existing subsurface systems for single family residences which fail and must discharge shall install a septic tank, dual or recirculating sand filters, disinfection and step aeration. (b) All new NPDES wastewater discharges (except single family residences) shall be required to provide the treatment described below: (i) Oxygen Consuming Wastes: Effluent limitations shall be as follows: BODs= 5 mg/I, NH3-N = 2 mg/1 and DO = 6 mg/l. More stringent limitations shall be set, if necessary, to ensure that the cumulative pollutant discharge of oxygen -consuming wastes shall not cause the DO of the receiving water to drop more than 0.5 mg/l below background levels, and in no case below the standard. Where background information is not readily available, evaluations shall assume a percent saturation determined by staff to be generally applicable to that hydroenvironment. (ii) Total Suspended Solids: Discharges of total suspended solids (TSS) shall be limited to effluent concentrations of 10 mg/I for trout waters and PNA's, and to 20 mg/1 for all other High Quality Waters. (iii) Disinfection: Alternative methods to chlorination shall be required for discharges to trout streams, except that single family residences may use chlorination if other options are not economically feasible. Domestic discharges are prohibited to SA waters. (iv) Emergency Requirements: Failsafe treatment designs shall be employed, including stand-by power capability for entire treatment works, dual train design for all treatment components, or equivalent failsafe treatment designs. (v) Volume: The total volume of treated wastewater for alldischarges combined shall not exceed 50 percent of the total instream flow under 7Q10 conditions. (vi) Nutrients: Where nutrient overenrichment is projected to be a concern, appropriate effluent limitations shall be set for phosphorus or nitrogen, or both. (vii) Toxic substances: In cases where complex wastes (those containing or potentially containing toxicants) may be present in a discharge, a safety factor shall be applied to any chemical or whole effluent toxicity allocation. The limit for a specific chemical constituent shall be allocated at one-half of the normal standard at design conditions. Whole effluent toxicity shall be allocated to protect for chronic toxicity at an effluent concentration equal to twice that which is acceptable under design conditions. In all instances there may be no acute toxicity in an effluent concentration of 90 percent. Ammonia toxicity shall be evaluated according to EPA guidelines promulgated in "Ambient Water Quality Criteria for Ammonia - 1984'; EPA document number 440/5-85-001; NITS number PB85-227114; July 29, 1985 (50 FR 30784) or "Ambient Water Quality Criteria for Ammonia (Saltwater)-1989"; EPA document number 440/5-88-004; NTIS numberPB89-169825. This material related to ammonia toxicity is hereby incorporated by reference including any subsequent amendments and editions and is available for inspection at the Department of Environment and Natural Resources Library, 512 North Salisbury Street, Raleigh, North Carolina. Copies maybe obtained from the National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia22161 at acost of forty-seven dollars ($47.00). (c) All expanded NPDES wastewater discharges in High Quality Waters shall be required to provide the treatment described in Sub -Item (1)(b) of this Rule, except for those existing discharges which expand with no increase in permitted pollutant loading. (2) Development activities which require an Erosion and Sedimentation Control Plan in accordance with rules established by the NC. Sedimentation Control Commission or local erosion and sedimentation control program approved in accordance with 15A NCAC 413raolB, and which drain to and are within one mile of High Quality Waters (HQW) shall be required to follow the stormwater management rules as specified in 15A NCAC 2H .1000. Stormwater management requirement's specific to HQW are described in 15A NCAC 2H .1006. (3) listing of Waters Classified HQW with Specific Actions. Waters classified as HQW with specific actions to protect exceptional water quality are listed as follows: Thorpe Reservoir [Little Tennessee River Basin, Index No. 2-79-23-(1)] including all of its tributaries shall be managed with respect to wastewater discharges through Item (1) of this Rule. Item (2) of this Rule shall not be applied in association with this HQW because of the local government implementation. of WS-III stormwater management requirements. If an applicant objects to the requirements to protect high quality waters and believes degradation is necessary to accommodate important social and economic development, the applicant may contest these requirements according to the provisions of G.S. 143-215.1(e) and 150B-23. HistoryNate; Authority G.S. 143-214.1; 143-215.1; 143-215.3(u)(1); E;(f. October 1, 1995; A-41 T15A-C4-S48.0024 DESIGN STANDARDS IN SENSITIVE WATERSHEDS (a) Uncovered areas in HQW zones shall be limited at any time to a maximum total area within the boundaries of the tract of 20 acres. Only the portion of the land -disturbing activity within a HQW zone shall be governed by this Rule. Larger areas may be uncovered within the boundaries of the tract with the written approval of the Director. (b) Erosion and sedimentation control measures, structures, and devices within HQW zones shall be so planned, designed and constructed to provide protection from the runoff of the 25 year storm which produces the maximum peak rate of runoff as calculated according to procedures in the United States Department of Agricultural Soil Conservation Service's "National Engineering Field Manual for Conservation Practices" or according to procedures adopted by any other agency of this state or the United States or any generally recognized organization or association. (c) Sediment basins within HQW zones shall be designed and constructed such that the basin will have a settling efficiency of at least 70 percent for the 40 micron (0.04 mm) size soil particle transported into the basin by the runoff of that two-year storm which produces the maximum peak rate of runoff as calculated according to procedures in the United States Department of Agriculture Soil Conservation Services "National Engineering Field Manual for Conservation Practices" or according to procedures adopted by any other agency of this state or the United States or any generally recognized organization or association. ' (d) Newly constructed open channels in HQW zones shall be designed and constructed with side slopes no steeper than two horizontal to one vertical if a vegetative cover is used for stabilization unless soil conditions permit a steeper slope or where the slopes are stabilized by using mechanical devices, structural devices or other acceptable ditch liners. In any event, the angle for side slopes shall be sufficient to restrain accelerated erosion. (el Pursuant to G.S. 113A-57(3) provisions for a ground cover sufficient to restrain erosion must be provided for•any portion of a land -disturbing activity in a HQW zone within 15 working . days or 60 calendar days following completion of construction or development, whichever period is shorter. HISTORY NOTE Statutory Authority G.S. 113A-54(b); 113A-54(c)(1); Eff. May 1, 1990. A-42 T15A-C2-S2N.0301 PERFORMANCE STANDARDS FOR NEW UST SYSTEMS (a) The "Performance standards for new UST systems" contained in 40 CFR 280.20 (Subpart B) have been adopted by reference in accordance with G.S. 150B-14(c) except that: (1) 40 CFR 280.20(a)(2)(iv) has been changed to read "Cathodic protection systems are operated and maintained in accordance with 15A NCAC 2N .0402, or as approved by the Director;" (2) 40 CFR 280..20(b)(2)(iv) has been changed to read "Cathodic protection systems are operated and maintained in accordance with 15A NCAC 2N .0402 or as approved by the Director;" (3) 40,CFR 280.20(a)(4) is not adopted by reference; and (4) 40 CFR 280.20(b)(3) is not adopted by reference. (b) No UST system shall be installed within 100 feet of a well serving a public water system, as defined in 15A NCAC 18C .0102, or within 50 feet of any other well supplying water for human consumption. (c) An UST system, existing on the date of adoption of this Subchapter and located within the area described in Paragraph (b) of this Rule, may be replaced with a new tank meeting the performance standards of 40 CFR 280.20 and the secondary containment provisions of 40 CFR 280.42(b)(1) through (4). The replacement UST system may not be located nearer to the water supply source than the UST system being replaced. (d) Except as prohibited in Paragraph (b) of this Rule an UST system must meet the requirements for secondary containment described at 40 CFR 280.42(b)(1) through (4) if installed: (1) within 500 feet of a well serving a public water supply or within 100 feet of any other well supplying water for human consumption; or (2) within 500 feet of any surface water classified as High Quality Water (EQW), Outstanding Resource Waters (ORW), WS-I, WS-II, or SA; (3) in a location determined by the Director to be unsuitable for conventional installation based on an evaluation of the site by Division staff. History Note: Statutory Authority G.S. 143-215.3(a)(15); 143B-282(2)(h); 150B-14(c); Eff. January 1, 1991. A-43 TITLE 40--PROTECTION OF ENVIRONMENT AGENCY (CONTINUED) PART 280--TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERAZ Subpart D--Release Detection Sec. 280.42 Requirements for hazardous substance UST systems. Owners and operators of hazardous substance UST systems must provide release detection that meets the following requirements: (a) Release detection at existing UST'systems must meet the requirements for petroleum UST systems in Sec. 280.41. By December 22, 1998, all existing hazardous substance UST systems must meet the release detection requirements for new systems in paragraph (b) of this section. (b) Release detection at new hazardous substance UST systems must meet the following requirements: (1) Secondary containment systems must be designed, constructed and installed to: (i) Contain regulated substances -released from the tank system until they are detected and removed; (ii) Prevent the release of regulated substances to the environment at any time during the operational life of the UST system; and (iii) Be checked for evidence of a release at least every 30 days. Note.-- The provisions of 40 CFR 265.193, Containment and Detection of Releases, may be used to comply with these requirements. (2) Double -walled tanks must be designed, constructed, and installed to: (i) Contain a release from any portion of the inner tank within the outer wall; and (ii) Detect the failure of the inner wall. (3) External liners (including vaults) must be designed, constructed, and installed to: (i) Contain 100 percent of the capacity of the largest tank within its boundary; (ii) Prevent the interference of precipitation or ground -water intrusion with the ability to contain or detect a release of regulated substances; and (iii) Surround the tank completely (i.e., it is capable of preventing lateral as well as vertical migration of regulated substances) . (4) Underground piping must be equipped with secondary containment that satisfies the requirements of paragraph (b)(1) of this section (e.g., trench liners, jacketing of double -walled pipe). In addition, underground piping that conveys regulated substances under pressure must be equipped with an automatic line leak detector in accordance with Sec. 280.44(a). (5) Other methods of release detection may be.used if owners and operators: (i) Demonstrate to the implementing agency that an alternate method can detect a release of the stored substance as effectively as any of A-44 ARTICLE 4. Sedimentation Pollution Control Act of 1973. § 113A-50. Short title. This Article shall be known as and may be cited as the "Sedimentation Pollution Control Act of 1973." § 113A-51. Preamble. The sedimentation of streams, lakes and other waters of this State constitutes a major pollution problem. Sedimentation occurs from the erosion or depositing of soil and other materials into the waters, principally from construction sites and road maintenance. The continued development of this State will result in an intensification of pollution through sedimentation unless timely and appropriate action is taken. Control of erosion and sedimentation is deemed vital to the public interest and necessary to the public health and welfare, and expenditures of funds for erosion and sedimentation control programs shall be deemed for a public purpose. It is the purpose of this Article to provide for the creation, administration, and enforcement of a program and for the adoption of minimal mandatory standards which will permit development of this State to continue with the least detrimental effects from pollution by sedimentation. In recognition of the desirability of early coordination of sedimentation control planning, it is the intention of the General Assembly that preconstruction conferences be held among the affected parties, subject to the availability of staff. A-45 08:55 7044876345 ROVSTER OIL CO WHOLESALE DISTRIBUTORS OF SP AiND CHEVRON PR I-IDUCTS NO— Shelby1487.6344 Forest City1245.4267 Gaston Iaf824.43' -) March 21, 2001 Wes Bell NCDEH9R- Waste Management FAX Message (704) 663-6040 1 page Re: Overfilling of vehicle and release at: ROCO Food Stores 1776 E Dixon Blvd Shelby, NC 28152 Wes; PACE 01 HOME OFFICE: P.O. Box 1467 720 S. Lafayette St. Shelby, N.C. 28150 Per our phone conversation today this note ii-I to recap the events that happened at the above mentioned site yea-Lorday. A diesel van belonging to 4 C's Food Services put the dl'esel spout in his van, started pumping and left the truck. wher, he returned the diesel, was running over onto the parking lot. His total purchase was 18 gallons and it was computed that he lv,u 3 gallons on the concrete. Since it was raining, the water car.+.ied the sheen onto the adjacent lot. Oil dry was used and the HazMat team was called and booms were placed to contain the spill, As of today we have a crew cleaning up the booms and remaining portions of the spill. Should you have any quexstions please feel free to contact me at your convenience. Best Re ds, a r Mike Royster GASOLINE/FUELS F� �sA�l Nam'' 'O64rB INDUSTRIAL & COMMERCIAL Q;'.A41 AUTOMOTIVE LUBRICANTS NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 28115 PHONE 704-663-1 699 FAX 704-663-6040 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER