WQCSD0694_NOVNOI2024PC0419 & CEI Report_20240703

Certified Mail # 9589 0710 5270 0475 7192 44
Return Receipt Requested

July 3, 2024

Peter O'Leary, Mayor
Chimney Rock Village
PO Box 300
Chimney Rock, NC 28720

SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2024-PC-0419
Permit No. WQCSD0694
Chimney Rock Village Collection System
Rutherford County

Dear Permittee:

The North Carolina Division of Water Resources conducted an inspection of the Chimney Rock Village Collection
System on June 20, 2024. This inspection was conducted to verify that the facility is operating in compliance
with the conditions and limitations specified in deemed-permitted Collection System Permit No. WQCSD0694. A
summary of the findings and comments noted during the inspection are provided in the enclosed copy of the
inspection report.

The Collection System Non-sampling inspection was conducted by Division of Water Resources staff from the
Asheville Regional Office. The following violations were noted during the inspection:

Inspection Area Description of Violation _________________________________________________________________________________________________________________________________________________________________________ Grease Control There is no enforceable Grease Control Program. [15A NCAC 02T .0403 (a)(8)(A) For publicly owned collection systems, the Grease Control Program shall include bi-annual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors for new construction and retrofit and if necessary, of grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite collection systems.]
_________________________________________________________________________________________________________________________________________________________________________
Spill and Response Action Plan There is no Operation & Maintenance Plan that includes a preventative maintenance
/O&M Plan schedule, spare parts inventory, and overflow response.
[15A NCAC 02T .0403 (a)(3) An operation and maintenance plan, including preventative maintenance schedule, spare parts inventory, and overflow response shall have been developed and implemented.] _________________________________________________________________________________________________________________________________________________________________________

DocuSign Envelope ID: 4C466C9F-7517-4BCE-A556-255D4D4527BB

_________________________________________________________________________________________________________________________________________________________________________

Lines/Right-of-Ways/Aerial Right-of-ways and easements are not available for all sections of the line and there is
Lines limited accessibility.
[15A NCAC 02T .0403 (a)(9) Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility.] _________________________________________________________________________________________________________________________________________________________________________
Manholes Three of the five manholes observed had excessive grease build-up, which contributed to a
blockage in two of the manholes.
[15A NCAC 02T .0403 (a)(1) The collection system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters and to prevent any contravention of groundwater standards or surface water standards.] _________________________________________________________________________________________________________________________________________________________________________

A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility’s Collection System Permit. Pursuant to G.S. 143-215.6A, a civil penalty
of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates
or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.

If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss
overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of
your response will be considered along with any additional information provided. You will then be notified of any
civil penalties that may be assessed regarding the violations. If no response is received in this Office
within the 10-day period, a civil penalty assessment may be prepared.

Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and
you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.

If you should have any questions, please do not hesitate to contact Lauren Armeni with the Water Quality
Regional Operations Section in the Asheville Regional Office at 828-296-4667.

Sincerely,

Daniel Boss, Assistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

ATTACHMENTS: Inspection Report

Ec: Laserfiche

DocuSign Envelope ID: 4C466C9F-7517-4BCE-A556-255D4D4527BB
Compliance Inspection Report
Permit:WQCSD0694 Effective:09/13/19 Expiration:Owner :Chimney Rock Village
SOC:
Contact Person:
Region:
County:
Directions to Facility:
Rutherford
Asheville
Peter O'Leary
Effective:Expiration:Facility:Chimney Rock Village Collection System
109 Rock Terrace Dr
Chimney Rock NC 28720
Title:Phone:[phone]
Secondary ORC(s):
Phone:Certification:Primary ORC:
System Classifications:
On-Site Representative(s):
Related Permits:
Secondary Inspector(s):
Primary Inspector:
Inspection Date:Exit Time:Entry Time:
Phone:
06/20/2024 10:00AM 01:00PM
Lauren E Armeni 828-296-4500
Mikal Willmer
Rachel Rose
Facility Status:
Permit Inspection Type:
Reason for Inspection:Inspection Type:
Not CompliantCompliant
Routine
Deemed permitted collection system management and operation
Collection System Inspect Non Sampling
Question Areas:
Miscellaneous Questions General Grease Control
Spills/Response Plan Inspections Lines
Manholes
(See attachment summary)
Page 1 of 6
DocuSign Envelope ID: 4C466C9F-7517-4BCE-A556-255D4D4527BB
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQCSD0694
06/20/2024 Collection System Inspect Non Sampling
Chimney Rock Village
Routine
Inspection Summary:
Lauren Armeni, Mikal Willmer, and Rachel Rose, with the Asheville Regional Office, conducted a Compliance Evaluation
Inspection of the Chimney Rock Village deemed-permitted Collection System on June 20, 2024. The inspection was
conducted to determine whether the system is being operated and maintained in compliance with deemed-permitted
Collection System Permit No. WQCSD0694. Juanita James (Owner of James & James Environmental (J&J)) and Drew
Ritchie (Maintenance Tech, J&J) were present and assisted in the inspection.
Ownership of the collection system was transfered to Chimney Rock Village on January 18, 2022. The system is comprised
of approximately 0.95 miles of sewer main up until the point of connection with the Lake Lure Collection System. Currently
all other extensions off the main line are privately owned. The system is in need of repairs, which will soon be in the works
based on the funding awarded. Chimney Rock Village was appropriated $8,000,000 in Session Law 2023-134. $7,880,000
(appropriation minus 1.5% DWI Admin. Fee) is available for water and wastewater infrastructure projects. The Village should
reach out to the Division of Water Infrastructure with any questions pertaining to utilization of the appropriated funds. Mr. J.
Meliski, PE (Senior Project Manager, McGill Associates, PA) indicated that the first section to be replaced is the 4" variable
grade gravity line near the Esmeralda Inn. They are currently in the design phase for this project. The second phase will be
repair/replacement of the existing 8" DIP gravity sewer line from the Geneva Motel west through Main Street, and will be the
most difficult to complete.
According to McGill's Sewer Collection System Evaluation for Chimney Rock Vilage dated March 2020, "Beginning near
#307 US-64, the sewer line becomes exposed and is installed on piers within the Broad River with bends and cleanouts for
most of the remaining alignment until it reaches the tie-in point with the Lake Lure system near the banks of the Broad River
behind the Geneva Hotel.
Large portions of the gravity sewer system do not meet current NCDEQ minimum design standards due to bends in the
alignment, lack of adequate manholes at prescribed intervals, lack of watertight lids and vents on existing manholes within
the floodplain and floodway, and inadequate separation from the stream bank."
On June 11, 2024, staff from J&J located fourteen manholes throughout the Village. From the previous inspection report, ten
of the fourteen manholes lie in the floodway, along the 5,000 LF of DIP line. Several parts of the line have limited access,
even by foot, and would require wading or a boat for access. Support structures have washed out in some areas, and other
parts of the line rest atop rock outcroppings and vegetation. There are some sections that still contain older support piers
where the ties are no longer secured around the line.
The following items were noted during the inspection:
1. Grease Control: There is still no enforceable Grease Control Program. Mr. Dean Lindsey (Public Works Director/ORC,
Lake Lure WWTP) indicated that while Lake Lure is doing the sewer billing for Chimney Rock, they will continue to include
the FOG educational materials in the bills annually. Since bi-annual distribution of FOG materials is required, FOG
information should be included on the Village's website.
2. Spill and Response Action Plan/O&M Plan: There is still no Operation & Maintenance Plan that includes a preventative
maintenance schedule, spare parts inventory, and overflow response. Ms. James indicated that TP Howard is contracted to
jet the lines for any blockages.
3: SSOs: During the inspection, Ms. James indicated that there were two SSOs in May - one on May 2, 2024 and one on
May 9, 2024, both from a manhole behind Hickory Nut Gifts, and that the volume of them was unknown. On June 13, 2024,
staff from J&J repaired the cracks around this manhole and the riser was repaired with cement. Ms. James indicated that the
cause of these SSOs was a rootball upstream of the Hickory Nut Gifts manhole, which still needs to be removed. On June
26, 2024, Ms. James met with Village staff, and they indicated that both SSOs were less than 500 gallons to land. She was
also told that 300' of line above and below the Hickory Nut Gifts and Geneva Riverside Lodging manholes was jetted on June
24, 2024.
Page 2 of 6
DocuSign Envelope ID: 4C466C9F-7517-4BCE-A556-255D4D4527BB
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQCSD0694
06/20/2024 Collection System Inspect Non Sampling
Chimney Rock Village
Routine
4. Lines/Right-of-Ways/Aerial Lines: The main line owned by Chimney Rock is a high priority line, and this line traverses
several areas without recorded easements and very limited access. Mr. Ritchie indicated that he could view parts of the line
that aren't accessible by foot on the other side of the river or by wading/via boat.
5. Manholes: The manhole next to Michael's Sports Wear & Souvenoirs had a significant buildup of grease that needs to be
removed. It is evident that the nearby restaurants are the contributors since there is no formal enforceable Grease Control
Program; therefore, no one is checking whether or not grease traps are being pumped.
The manhole behind Hickory Nut Gifts (that had previous SSOs in May) was above grade with no vent. The invert was
completely clogged and there was evidence of a previous SSO.
The manhole behind Geneva Riverside Lodging was above grade and was completely blocked with grease, and this manhole
is downstream from the Hickory Nut Gifts manhole.
The manhole next to the Tiki Bar & Grill (downstream of the Geneva Riverside Lodging manhole) was not blocked and was
flowing freely.
Based on visual observation of these manholes during the inspection, it was evident that there was a blockage between the
Hickory Nut Gifts and Geneva Riverside Lodging manholes. As noted above, the line was jetted on June 24, 2024 and the
line is now flowing, but still isn't to be flowing well according to Ms. James, and J&J will be keeping a close eye on it. On
June 26, 2024, Ms. James indicated that Mr. Steve Duncan (Village Administrator) said that there is a swag in that section
of the line, which is causing the issues. .
The following violations were noted during the inspection:
1. Grease Control: There is no enforceable Grease Control Program.
2. Spill and Response Action Plan/O&M Plan: There is no Operation & Maintenance Plan that includes a preventative
maintenance schedule, spare parts inventory, and overflow response.
3. Lines/Right-of-Ways/Aerial Lines: Right-of-ways and easements are not available for all sections of the line and there is
limited accessibility.
4. Manholes: Three of the five manholes observed had excessive grease build-up, causing a blockage in two of the
manholes.
Page 3 of 6
DocuSign Envelope ID: 4C466C9F-7517-4BCE-A556-255D4D4527BB
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQCSD0694
06/20/2024 Collection System Inspect Non Sampling
Chimney Rock Village
Routine
General Yes No NA NE
# Is this system a satellite system?
# If Yes, what is system name or permit number?WQCS00131
Is there a overall sewer system map?
Does the map include:
Pipe sizes
Pipe materials (PVC, DIP, etc)
Pipe location
# Flow direction
# Approximate pipe age
# Pump station ID, location and capacity
# Force main air release valve location & type
# Location of satellite connections
Are system maintenance records maintained?
The map is missing items and should be updated. James and James Environmental (J&J) took
over the water system on April 1, 2024, and will be taking over the collection system. Moving
forward, J&J will maintain maintenance records.
Comment:
Grease Control Yes No NA NE
Is grease/sewer education program documented with req'd customer distribution?
# Are other types of education tools used like websites, booths, special meetings, etc?
If Yes, what are they? (This can reduce mailing to annual.)
For public systems, is there a Grease Control Program via an ordinance/agreement?
If Yes, does it require grease control devices at applicable locations?
Is the Grease Control Program enforced via periodic inspections/records review?
Is action taken against violators?
There is no enforceable Grease Control Program, which was listed in the 2021 inspection
report and NOV. See summary for details.
Comment:
Spills and Response Action Plan Yes No NA NE
# Is system free of known points of bypass?
If No, describe type of bypass and location
# Have there been any sewer spills in the past 3 years?
If Yes, were they reported to the Division if meeting the reportable criteria?
If applicable, is there documentation of press releases and public notices issued?
Are all spills or sewer related issues/complaints documented?
# Are there repeated overflows/problems (2 or more in 12 months) at same location?
# If Yes, is there a corrective action plan?
Page 4 of 6
DocuSign Envelope ID: 4C466C9F-7517-4BCE-A556-255D4D4527BB
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQCSD0694
06/20/2024 Collection System Inspect Non Sampling
Chimney Rock Village
Routine
Is a Spill Response Action Plan available?
Is a Spill Response Action Plan available for all personnel?
Does the plan include:
# 24-hour contact numbers
# Response time
# Equipment list and spare parts inventory
# Access to cleaning equipment
# Access to construction crews, contractors, and/or engineers
# Source of emergency funds
# Site sanitation and cleanup materials
# Post-overflow/spill assessment
There is still no Operation & Maintenance Plan that includes overflow response. See summary
for details.
Comment:
Inspections Yes No NA NE
Are adequate maintenance records maintained?
Are pump stations being inspected at the required frequency?
Is at least one complete functionality test conducted weekly per pump station?
Is there a system or plan in place to observe the entire system annually?
Is the annual inspection documented?
# Does the system have any high-priority lines/locations?
Are inspections of HPL documented at least every 6 months?
Are new lines being added to the HPL list when found or created?
J&J are currently documenting any inspections and maintenance done on the system.Comment:
Lines/Right-of-Ways/Aerial Lines Yes No NA NE
Please list the Lines/Right of Ways/Aerial Lines Inspected:
The main collection system line owned by Chimney Rock Village is a high priority line. All other lines are
privately owned.
Are right-of-ways and easements maintained for the full width for access?
If No, give details on temporary access:
Right-of-ways and easements are not available for all sections of the line.
Is maintenance documented?
Were all areas/lines inspected free of issues?
See summary for details.Comment:
Manholes Yes No NA NE
Page 5 of 6
DocuSign Envelope ID: 4C466C9F-7517-4BCE-A556-255D4D4527BB
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQCSD0694
06/20/2024 Collection System Inspect Non Sampling
Chimney Rock Village
Routine
Please list the Manholes Inspected:
1. Next to Michael's Sportswear & Souvenoirs
2. Next to Highlands Kitchen & Bar
3. Behind Hickory Nut Gifts
4. Behind Geneva Riverside Lodging
5. Next to Tiki Bar & Grill
Are manholes accessible?
# Are manhole covers/vents above grade?
Are manholes free of visible signs of overflow?
Are manholes free of sinkholes and depressions?
Are manhole covers present?
# Are manholes properly seated?
# Are manholes in good condition?
# Are inverts in good condition?
Is flow unrestricted in manholes?
Are manholes free of excessive amounts of grease?
Are manholes free of excessive roots?
Are manholes free of excessive sand?
Are manhole vents screened?
Are vents free of submergence?
Are manholes free of bypass structures or pipes?
See summary for details.Comment:
Page 6 of 6
DocuSign Envelope ID: 4C466C9F-7517-4BCE-A556-255D4D4527BB