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HomeMy WebLinkAboutDWR Read File Archive Mar 2017 ROY COOPER Governor MICHAEL S.REGAN Secretary S.JAY ZIMMERMAN Water Resources Director Environmental Quality March 1, 2017 Harry Clay Cuthbertson PO Box 81 Crossnore,NC 28616 SUBJECT: Compliance Evaluation Inspection 4699 Linville Falls Hwy Permit No: NCG550420 Avery County Dear Mr. Cuthbertson: Enclosed please find a copy of the Compliance Evaluation Inspection Form from the inspection conducted on 1/13/2017. The facility was found to be in compliance with permit NCG550420. Please refer to the enclosed inspection report for additional observations and comments. If you have any questions,please call me at 828-296-4658. Sincerely, Daniel J Boss Environmental Specialist Asheville Regional Office Email: Daniel.boss@ncdenr.gov Enclosed: Inspection Report cc: MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\Avery\Wastewater\General\NCG55 Single Family Residences\550420 Cuthbertson\CEI 1.13.2017\CEI inspection letter 1.13.2017(1).docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 828-2964500 United States Environmental Protection Agency Form Approved. C /1 P A Washington,D.C.20460 OMB No.2040-0057 . Water Compliance Inspection Repoli Approval expires'B-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type inspector Fac Type 1 U 2 15 1 3 ( NCG550420 11 12 17/01/13 17 18 Li 19 I s 20I 2111111111111111111111111111111111IIII11i � � � 166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA Reserved — 67 701_I 71 ) 72 LJN 731 751 I I I_LI I I _U80 Section B:Facility-Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 11:00AM 17/01/13 13/08/01 Snowy Mountain Christmas Shop Exit Time/Date Permit Expiration Date 4699 Linville Falls Hwy 11:45AM 17/01/13 18/07/31 Newland NC 28657 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Harry Clay Cuthbertson,PO Box 81 Crossnore NC 28616//828-733-9589/ Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit ® Operations&Maintenance ■ Self-Monitoring Program ® Facility Site Review Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Daniel J Boss ARO WQ//828-296-4658/ 3 1' l l7 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 (Cont.) 31 NCG550420 11 12 17/01/13 17 18 I r,l Section D:Summary of Finding/Comments(Attach additional sheetsof narrative and checklists as necessary) On January 13,20171 (Dan Boss)conducted a Compliance Evaluation Inspection at 4699 Linville Falls Hwy in Avery County. The owners Clay and Beverly Cuthbertson were present for the duration of the inspection. Currently this property is used as a seasonal Christmas Shop which is open 7-8 months per year. The general appearance of the system was functional and clean. There was no detectable sewage smell or other sign of septic system failure. The only input to the septic system is a single toilet. We located the effluent pipe which was partly filled with dry dirt. Given that the dirt in the pipe was completely dry, I believe the system is not discharging. Mr. Cuthbertson said that he would inspect the effluent pipe for discharge periodically. Mr. Cuthbertson had the septic tank pumped on February 1, 2017 by Al Appalachian Pumping. 1 Page# 2 Permit: NCG550420 Owner-Facility: Snowy Mountain Christmas Shop Inspection Date: 01/13/2017 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ ® ❑ application? Is the facility as described in the permit? ® ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ❑ ■ ❑ Is access to the plant site restricted to the general public? ❑ ❑ ■ ❑ Is the inspector granted access to all areas for inspection? ® ❑ ❑ ❑ Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable ❑ ❑ ® ❑ Solids, pH, DO, Sludge Judge,and other that are applicable? Comment: Septic Tank Yes No NA NE (If pumps are used) Is an audible and visual alarm operational? ❑ ❑ E ❑ Is septic tank pumped on a schedule? ❑ ❑ 1-1 Are pumps or syphons operating properly? ❑ ❑ ❑ Are high and low water alarms operating properly? ❑ ❑ ■ ❑ Comment: Mr. Cuthbertson said he would begin pumping the septic on a regular schedule. Sand Filters (Low rate) Yes No NA NE (If pumps are used)Is an audible and visible alarm Present and operational? ❑ ❑ ❑ Is the distribution box level and watertight? ❑ ❑ ❑ Is sand filter free of ponding? 0 ❑ ❑ ❑ Is the sand filter effluent re-circulated at a valid ratio? ❑ ❑ ❑ #Is the sand filter surface free of algae or excessive vegetation? ■ ❑ ❑ ❑ #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) ❑ ❑ ■ ❑ Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ 0 ❑ Page# 3 Permit: NCG550420 Owner-Facility: Snowy Mountain Christmas Shop Inspection Date: 01/13/2017 Inspection Type: Compliance Evaluation Effluent Pipe Yes No NA NE Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ❑ n ® ❑ Is sample collected below all treatment units? ❑ ❑ N ❑ Is proper volume collected? ❑ ❑ ® ❑ Is the tubing clean? ❑ ❑ 0 ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees ❑ ❑ ■ ❑ Celsius)? Is the facility sampling performed as required by the permit(frequency,sampling type ❑ ❑ ❑ representative)? Comment: System does not appear to be discharging Mr. Cuthbertson said he would monitor the effluent pipe for any future discharge. Page# 4 ROY COOPER Governor MICHAEL S. REGAN Secretary. Water Resources S. JAY ZIMMERMAN Environmental Quality Director March 1,2017 Clifton D. Green Jr.and Barbara L. Green 201 West 9'North Street Unit 209 Summerville, SC 29483 Subject: Stream Identification Request Dear Mr.and Mrs. Green: This letter provides the findings of a site visit to Buncombe County Parcel Identification Number 071054146200000 on Mecklenburg Circle in Montreat,NC conducted on February 28,2017 to provide a stream determination. The stream feature is shown as a blue line on the subject parcel on the Buncombe County GIS website. The results of the stream determination are as follows: Features Score Comments GeomoThology 21.5 Hydrology 9.5 Biology 10.5 Total 41.5 Perennial Determination: Stream Determination This on-site determination shall expire five(5)years from the date of this letter. Landowners or affected parties that dispute a determination made by the Division of Water Resources(DWR)may request a determination by the Director. An appeal request must be made within sixty(60)days of date of this letter. A request for a determination by the Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Karen Higgins;DWR—401 &Buffer Permitting Unit; 1617 Mail Service Center;Raleigh,NC 27699-1617. If sending via delivery service(UPS,FedEx, etc.):Karen Higgins;DWR—401 &Buffer Permitting Unit; 512 N. Salisbury Street;Raleigh,NC 27604. This determination is final and binding unless,as detailed above, an appeal is requested within sixty(60) days. Please note that there are additional stream and/or wetland features on the subject parcel that may be subject to Section 404 and 401 (Clean Water Act)permitting.You should contact this office or the Asheville Regulatory Field Office of the U.S.Army Corps of Engineers for more information on permitting requirements. State ofNorth Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 828-296-4500 Clifton D Green Jr.and Barbara L.Green \ March 1,2017 Page 2 of 3 \ Please contact me if I can be of an further assistance: 828-2 - Y 96 4684 or Andrew.W.Moore(cr�ncdenr. oy. Sincerely, Andrew Moore Environmental Specialist—Asheville Regional Office Water Quality Regional Operation Section NCDEQ-Division of Water Resources GAWR\WQ\Buncombe\Stream Calls\Mecklenburg Circle PIN 071054146200000\StreamDetertnination MecklenburgCirele.docx ROY COOPER Governor MICN:AEL S. R:EGAN Secretary S.JAY ZIMMERMAN Water Resources Director Environmental Quality March 2, 2017 DWR# 17-0224 Jackson County Larry Williams 1651 Brightwaters Blvd NE St. Petersburg,FL 33704 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Williams 1051 New Trillium Way Lake Glenville Dear Mr. Williams: --. You have our approval for the impacts listed below for the purpose described in your application dated January 15,2017 and received by the Division of Water Resources (Division)on February 22, 2017,with additional information received on February 27, 2017. These impacts are covered by the attached Water Quality General Certification Number 3898 and the additional conditions listed below. This certification is associated with the use of General Permit Number 30 issued by the U.S. Army Corps of.Engineers. Please note that you should obtain any other,federal,state or local permits before proceeding with your project,including those required by (but not limited to) Sediment and Erosion Control,Non-Discharge,Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit, and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] Type of Impact Amount Approved Permanent Above Pool Below Pool Open Waters 0.0057 (acres) 0.0057 (acres) State of North Carolina;Environmental Quality I Water Resources 2090 U.S.Highway 70,swannanoa,North Carolina 28778 828-296-4500 Williams 1051 New Triiliu DWR# 401 Approva:, Page 2 of 3\ 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. Stone used in stabilization shall be of a size and density sufficient to prevent movement by wave or current action and shall consist of clean rock or masonry material free of debris or toxic pollutants. The rip-rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. [15A NCAC 02H .0507 (c)] 4. Replant or allow the re-establishment of native vegetation in areas within the project boundary where it has been removed per Exhibit 1 of the Duke Power Nantahala Area Shoreline Management Guidelines. 5. The permitee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15ANCAC 02H .0507 (c)and 15A NCAC 02H .0506 (b)(2) and(c)(2)] 'This:approval and is conditions are final and binding unless contested: [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919)431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: Williams 1051 New Trillium Way DWR# 17-0224 401 Approval Page 3 of 3 If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service.Center Raleigh,NC 27699-1601 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Kevin Mitchell at 828-296-4650 or kevin.mitchell( ncdenr.gov if you have any questions or concerns. Sincerely, Price,P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3898 Certificate of Completion cc: Bob Martin—The Sea Wall Co. (via email) Kevin Holland Duke Energy(via email) David Brown—USACE Asheville Regulatory Field Office (via email) Andrea Leslie—NCWRC (via email) Steve Beasley—Jackson County(via email) DWR ARO files DWR 401 and Buffer Permitting Unit(via email) G:\WR\WQUackson\401s\Non-DOT\Williams 1051 New Trillium Way\APRVL.Williams 1051 New Trillium Way_03.02.2017.docx ROY COOPER Govenior MICHAEL S. REGAN Secrelai y S. JAY ZIMMERMAN Director Water Resources ENVIRONMENTAL QUALITY March 2,2017 Ed Burchins,Town Administrator Town of Andrews 1101 Main Street Andrews, NC, 28901 Subject: Permit No. WQ0039068 Town of Andrews Payne Street Area Sewer Improvements Wastewater Collection System Extension Permit Cherokee County Dear Mr. Burchins In accordance with your application received February 23, 2017,we are forwarding herewith Permit No. WQ0039068 dated March 2, 2017, to the Town of Andrews (Permittee) for the construction and operation upon certification of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this. permit and is therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition 11.1: This permit shall not be automatically transferable; a request must be made and approved. Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. It shall be the responsibility of the Permittee to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made,this permit shall be final and binding. 2090 U.S.70 Highway,Swannanoa,NC 28778 Phone:828-296-4500\Internet:www.ncwaterguality.org An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper Town of Andrews Permit No.WQ0039068 If you need additional information concerning this matter, please contact Tim Heim at(828) 296-4500>or via e-mail at tim.heim@ncdenr.gov. Sincerely, for S.Jay Zimmerman, P.G. Director, Division of Water Resources G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ cc: Mike Waresak, P.E.-McGill Associates(electronic copy) Regional Office Files Water Resources Central Files PERCS(electronic copy) G:\WR\WQ\Cherokee\Collection Systems\Andrews Collection System\WQ0039068 Payne St Area Sewer lmp.docx i J; Page 2 of 9 f> Environmental Quality WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,and other applicable Laws, Rules,and Regulations, permission is hereby granted to the Town of Andrews Cherokee County for the construction and operation of approximately 4,540 linear feet of 8-inch gravity sewer to serve the Town of Andrews Collection System as part of the Payne Street Area Sewer Improvements project, and the discharge of zero additional gallons per day of collected domestic and commerical wastewater into the Town of Andrews existing sewerage system, pursuant to the application received February 23, 2017 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein.. - for S.Jay Zimmerman, P.G. Director, Division of Water Resources By Authority of The Environmental Management Commission Permit Number: WQ0039068 Permit Issued: March 2,2017 Page 3 of 9 SUPPLEMENT TO PERMIT COVER SHEET Town of Andrews is hereby authorized to: Construct, and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the Town of Andrews Wastewater Treatment Facility in accordance with Permit Number NC0020800. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions identified below. 1. STANDARD CONDITIONS 1. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. [15A NCAC 02T.0104;G.S 143-215.1(d3)] `.' 2.• -This •permit shall become voidable unless the wastewater collection facilities are -constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1,2000 as applicable; and other supporting materials unless specifically mentioned herein. [15A NCAC 02T.0110] 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. [15A NCAC 02T.0110] 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required,the following performance criteria shall be met: [15A NCAC 02T.0108(b)]: a. The sewer 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. b. A map of the sewer system shall be developed and shall be actively maintained. Page 4 of 9 c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 213 .0506(a), and public notice shall be provided as required by North Carolina General Statute§143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require 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 sewer systems. 2. For privately owned collection systems,the Grease Control Program shall include at least bi- annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of:this Subparagraph if necessary to prevent,grease-related sanitary sewer overflows. L Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs(a) through (i) of this Rule fora minimum of three years with exception of the map,which shall be maintained for the life of the system. 5. The Permittee shall report by telephone to a water resources staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage,etc.; or b. Any SSO and/or spill over 1,000 gallons; or c. Any SSO and/or spill, regardless of volume,that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) Page 5 of 9 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing ariu, submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. [G.S. 143- 215AC(a1)] 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. [15A NCAC 02T.0108(b)] 7. Upon completion of construction and prior to operation of these permitted facilities,the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: U a. One copy of the project construction record drawings (plan & profile views of sewer lines & force mains) of the wastewater collection system extension. Final record drawings should be clear .on_the.,plans or.on..digital media (CD or DVD disk)-and are,defined.as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes,etc. b. One copy of the supporting applicable design calculations including pipe and pump sizing, velocity, pump cycle times, and level control settings, pump station buoyancy, wet well storage, surge protection, detention time in the wet well, and force main, ability to flush low points in force mains with a pump cycle, and downstream sewer capacity analysis. If a portable power source or pump is dedicated to multiple stations, an evaluation of all the pump stations'storage capacities and the rotation schedule of the portable power source or pump, include travel timeframes,shall be provided. c. Changes to the project that do not result in non-compliance with this permit, regulations, or the Minimum Design Criteria should be clearly identified on the record drawings, on the certification in the space provided,or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non-compliance with this permit (including pipe length increases of 10% or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the number/type of connections), regulations, or the Minimum Design Criteria. Requested Page 6 of 9 modifications or variances to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After-construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification&activation. [15A NCAC 02T.0116] 8. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until corrected. if there is an unforeseen obstacle in.the field where all viable solutions have been examined, a slope variance can be requested from the Division with firm supporting documentation. This shall be done through a permit modification with fee. Such variance requests will be evaluated on a case-by-case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification. [15A NCAC 02T.0105(n)] 9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. [15A NCAC 02T.0116] 10. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. [15A NCAC 02T.0104; 15A NCAC 02T.0108(b-c)] 11. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. [15A NCAC 02T,0.110; 15A NCAC 02T.0108(b)] 12. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by the Division any other Federal, State, or Local government agencies which have jurisdiction or obtaining other permits which maybe required by the Division or any other Federal,State,of Local government agencies. [G.S. 143-215.1(b)] Page 7 of 9 [THIS PAGE INTENTIALLY LEFT BLANK] Page 8 of 9 FAST TRACK SEWER ENGINEERING CERTIFICATION ,,ERMITTEE: TOWN OF ANDREWS PERMIT#: WQ0039068 PROJECT: PAYNE STREET AREA SEWER IMPROVEMENTS ISSUE DATE: March 2,2017 This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the Division has received this Certification and all required supporting documentation. It should be submitted in a manner that documents the Division's receipt. Send the required documentation the Regional Supervisor, Water Quality Regional Operations Section at the address at the bottom. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up until a final certification is received. A Final Certification shall be a complete set of record drawings and design calculations regardless of whether partials have been submitted. PERMITTEE'S CERTIFICATION I,the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name,Title Signature Date ENGINEERS CERTIFICATION h ;.as a duly registered Professional Engineer in the State of North Carolina; having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the Payne Street Area Sewer Improvements and location as referenced above for the above Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Resources' (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast- Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. .............................................................. North Carolina Professional Engineer's Seal w/signature &date: ❑ Final ❑ Partial (include description) Certification Comments/Qualifiers(attach if necessary): NC DWR—Water Quality Regional Operations Section 2090 US Hwy 70,Swannanoa, NC 28778 Asheville Regional Office Phone: (828)-296-4500 FAX:(828)-299-7043 ROY COOPER Goven7or MICHAEL S. REGAN Secretaru S. JAY ZIMMERMAN Director WoterResourees ENVIRONMENTAL QUALITY March 2, 2017 Sandra Hardy,Administrator Wade Hampton Property Owners Association PO Box 2286 Cashiers, NC,28717 Subject: Permit No. WQ0039069 Wade Hampton Property Owners Association Replacement of Sewer Lift Station#8 Wastewater Collection System Extension Permit Jackson County Dear Ms. Hardy: In accordance with your application received January 25, 2017, and additional information received on February 22, 2017, we are forwarding herewith Permit No. WQ0039069 dated March`2, 2017, to the Wade Hampton Property Owners Association (Permittee) for the construction and operation upon certification of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition I1.1: This permit shall not.be automatically transferable; a request must be made and approved. Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system=wide collection system permit issued to the Permittee. It shall be the responsibility of the Permittee to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made,this permit shall be final and binding. 2090 U.S.70 Highway,Swannanoa,NC 28778 Phone:828-296-4500\Internet:www.ncwaterguality.org An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper Wade Hampton Property Owners Association Permit No.WQ0039069 A If you need additional information concerning this matter, please contact Tim Heim at(828)296-4500 or \ , via e-mail at tim.heim@ncdenr.gov. Sincerely, for S.Jay Zimmerman, P.G. Director, Division of Water Resources G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ cc: William G. Lapsley, P.E. —WGLA Engineering, PLLC(electronic copy) Regional Office Files Water Resources Central Files PERCS(electronic copy) G:\WR\WQ\Jackson\Collection Systems\Wade Hampton\WQ0039069 Replacement of Sewer LS#8.docx Page 2 of 9 N CMW. Environmental Quality WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,and other applicable taws, Rules,and Regulations, permission is hereby granted to the Wade Hampton Property Owners Association Jackson County for the construction and operation of a 80—gallon per minute replacement pump station with duplex pumps, on-site audible and visual high water alarms, telemetry, and a portable generator receptacle with telemetry to serve the Wade Hampton Development as part of the Replacement of Sewer Lift Station #8 project, and the discharge of zero additional gallons per day of collected domestic wastewater into the Wade Hampton Property Owners Association's existing sewerage system, pursuant to the complete application received February 22, 2017, and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations`contained therein. for S.Jay Zimmerman,P.G. Director, Division of Water Resources By Authority of The Environmental Management Commission Permit Number: WQ0039069 Permit Issued: March 2,2017 Page 3 of 9 SUPPLEMENT TO PERMIT COVER SHEET Wade.Hampton Property Owners Association is hereby authorized to: Construct, and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the Wade Hampton Property Owners Association Wastewater Treatment Facility in accordance with Permit Number NC0062553. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions identified below. I. STANDARD CONDITIONS 1. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered ' on its merits and may or may not be approved. [15A NCAC 02T.0104;G.S 143-215.1(d3)] 2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T;the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1,2000 as applicable; and other supporting materials unless specifically mentioned herein. [15A NCAC 02T.01101 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. [15A NCAC 02T.0110] 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required,the following performance criteria shall be met: [15A NCAC 02T.0108(b)]: a. The sewer 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. b. A map of the sewer system shall be developed and shall be actively maintained. Page 4 of 9 c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to.a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a),and public notice shall be provided as required by North Carolina General Statute §143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require 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 sewer systems. 2. For privately owned collection systems,the Grease Control Program shall include at least bi- annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. 5. The Permittee shall report by telephone to a water resources staff member at the Asheville Regional Office,telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage,etc.;or b. Any SSO and/or spill over 1,000 gallons; or c. Any SSO and/or spill, regardless of volume,that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) Page 5 of 9 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing ana . submitting Part l of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. [G.S. 143- 215.1C(a1)] 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. [15A NCAC 02T.0108(b)] 7. Upon completion of construction and prior to operation of these permitted facilities,the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: a. One copy of the project construction record drawings (plan & profile views of sewer lines & force mains) of the wastewater collection system extension. Final record drawings should be clear_on.the plans or on digital media (CD or DVD disk) and are defined as the;design,.drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc. b. One copy of the supporting applicable design calculations including pipe and pump sizing, velocity, pump cycle times, and level control settings, pump station buoyancy, wet well storage, surge protection, detention time in the wet well, and force main, ability to flush low points in force mains with a pump cycle, and downstream sewer capacity analysis. If a portable power source or pump is dedicated to.multiple stations, an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable power source or pump, include travel timeframes,shall be provided. c. Changes to the project that do not result in non-compliance with this permit,regulations, or the Minimum Design Criteria should be clearly identified on the record drawings,on the certification in the space provided,or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non-compliance with this permit (including pipe length increases of 10% or greater, increased flow, pump station design capacity design increases of 5% or greater, and. increases in the number/type of connections), regulations, or the Minimum Design Criteria. Requested Page 6 of 9 modifications or variances to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process 'prior to construction. After-construction requests are discouraged by the Division and may not be approved,thus requiring replacement or repair prior to certification &activation. [15A NCAC 02T.0116] 8. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined, a slope variance can be requested from the Division with firm supporting documentation. This shall be done through a permit modification with fee. Such variance requests will be evaluated on a case-by-case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification. [15A NCAC 02T.0105(n)] 9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. [15A NCAC 02T.0116] 10. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's.Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. [15A NCAC 02T.0104; 15A NCAC 02T.0108(b-c)] 11. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities..[15A NCACO2T..0110; 15A NCAC 02T.0108(b)]. 12. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by the Division any other Federal, State, or Local government agencies which have jurisdiction or obtaining other permits which maybe required by the Division or any other Federal, State,of Local government agencies. [G.S. 143-215.1(b)] Page 7 of 9 [THIS PAGE INTENTIALLY LEFT BLANK] Page 8 of 9 FAST TRACK SEWER ENGINEERING CERTIFICATION ERMITTEE:WADE HAMPTON PROPERTY OWNERS ASSOCIATION PERMIT#:WQ0039063 PROJECT: REPLACEMENT OF SEWER LIFT STATION#8 ISSUE DATE: March 2, 2017 This project shall not be considered complete nor allowed to operate. in accordance with Condition 7 of this permit until the Division has received this Certification and all required supporting documentation. It should be submitted in a manner that documents the Division's receipt. Send the required documentation the Regional Supervisor, Water Quality Regional Operations Section at the address at the bottom. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up until a final certification is received. A Final Certification shall be a complete set of record drawings and design calculations regardless of whether partials have been submitted. PERMITTEE'S CERTIFICATION I,the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name,Title Signature Date ENGINEERS CERTIFICATION --as a duly yregistered'Professional Engineer-in the State of'North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the Replacement of Sewer Lift Station #8 and location as referenced above for the above Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Resources' (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast- Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. ......................................................................... North Carolina Professional Engineer's Seal w/signature&date: ❑ Final ❑ Partial (include description) Certification Comments/Qualifiers(attach if necessary): NC DWR—Water Quality Regional Operations Section 2090 US Hwy 70,Swannanoa, NC 28778 Asheville Regional Office Phone: (828)-296-4500 FAX:(828)-299-7043 A j�, _... _. - ROY COOPER Governor MICHAEL S.REGAN .Sc:cretaryz w S.JAY ZIMMERMAN Water Res urceS Director. Envirorunental Quality March 3, 2017 Cecilia Neira 862 Bee Tree Rd Swannanoa,NC 28778 SUBJECT: Compliance Evaluation Inspection 862 Bee Tree Rd Permit No:NCG550251 Buncombe County Dear Ms.Neira: I visited your property at 862 Bee Tree Road today in order to inspect your wastewater system which is regulated by the state under general permit NCG550000. The gate to your property was locked and so I was unable to assess your wastewater system. It is imperative that I inspect your wastewater system to determine compliance with your permit. Please contact me either by phone at 828-296-4658 or by email, so that we can set up an inspection at a time that is convenient for you. Sincerely, Daniel J Boss Environmental Specialist Asheville Regional Office Email: daniel.boss@ncdenr.gov Enclosed: Inspection Report cc: MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\Buncombe\Wastewater\General\NCG55 Single Family Residence\551061 Celena Smith\CEI 2.17.2017\Compliance letter.docx i State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 828-296-4500 United States Environmental Protection Agency Form Approved. t P/�/1 Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 I5 I 3 I NCG550251 I11 12 17/03/03 17 18 I f•1 19 g 20H 21IIIIII IIIIIIIIIIIIIIIIIIII1II1111111111I11 P Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA — -Reserved — 67 I 70 I._! L I 71 ' I J 72 NJ 73�74 75 �80 L Section B:Facility Data L Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 11:15AM 17/03/03 15/07/15 862 Bee Tree Road Exit Time/Date Permit Expiration Date 862 Bee Tree Rd 11:30AM 17/03/03 18/07/31 Swannanoa NC 28778 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data 111 Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Cecilia Neira,862 Bee Tree Creek Rd Swannanoa NC 28778//828-298-9356/ No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) ® Permit Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) A /Office/Phone and Fax Numbers Date Name(s)and Signature(s)of Inspector Agency/Office/Phone 9 Y Daniel J Boss 0 0 ARO WQ//828-296-4658/ Agency/Office/Phone and Fax Numbers Date Signature of Management Q A Reviewer EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# NPDES yr/mo/day Inspection Type 3� NCG550251 121 17/03/03 17 18 1,1 Section D:Summary of Finding_/Comments(Attach additional sheets of narrative and checklists as necessary) I (Dan Boss)visited 862 Bee Tree Rd to conduct a Compliance Evaluation Inspection on 3/3/2017. 1 was not able to get in contact with the owner. A locked gate prevented me from entering the property and accessing the wastewater system. L- Page# 2 Permit: NCG550251 owner-Facility: 862 Bee Tree Road Inspection Date: 03/03/2017 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ ■ El application? 0 El El 0 Is the facility as described in the permit? #Are there any special conditions for the permit? 0 • Is access to the plant site restricted to the general public? O Is the inspector granted access to all areas for inspection? El ■ El Comment: I was not able to contact the owners before arriving The property has a locked gate which prevented me from paining access to the wastewater system. Page# 3 Am ROY COOPER Governor MICHAEL S.REGAN Secretary S.JAY ZIMMERMAN Water Resources Director Environmental Quality March 3, 2017 DWR# 17-0158 Polk County Douglas Harmon &James Alan Harmon 335 Harmon Dairy Lane Columbus, NC 28722 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Harmon Dairy Stream Restoration Dear Messrs. Harmon and Harmon: You have our approval for the impacts listed below for the purpose described in your application dated February 3, 2017, and received by the Division of Water Resources (Division) on February 6, 2017. These impacts are covered by the attached Water Quality General Certification Number 3885 and the additional conditions Listed below. This certification is associated with the use of Nationwide Permit Number 27 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by(but not limited to) Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. Th.e following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)j State of North Carolina j Environmental Quality I Water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 828-296-4500 Harmon Dairy Stream Rest., DWR#17-i. 401 Approval Page 2 of 4 Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Stream Impacts S1 1,052 (feet) 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification(s) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. Natural fiber matting is recommended for`streambank stabilization over plastic matting that can entrap small animals.[15A NCAC 02H .0506(b)(3)J 4. Water shall not be released into any new channels until the stream and banks are stabilized. [15A NCAC 02H .0506(b)(3)] 5. Visual monitoring of the project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site is -stable (particularly after storm' events) and vegetation is successful. Any failures of structures, stream banks, or vegetation may require future repairs or replacement, which requires coordination with the Asheville Regional Office to ensure the stability and water quality of the stream and downstream waters. [15A NCAC 02H .0506(b)(2) and (b)(3)] 6. The Division understands that the subject project is proposed to mitigate impacts associated with the Tryon International Equestrian Center (TIEC)SAW-Action ID No. 2013 02262/DWR Project# 13-1200 V4. This Certification does not serve as compensatory mitigation approval for the TIEC project. If this project is approved as compensatory mitigation for the TIEC project, additional conditions beyond those noted in this Certification, including more robust monitoring conditions, may be required. [15A NCAC 02H .0507(c)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Harmon Dairy Stream Restoration DWR#17-0158 401 Approval Page 3 of 4 This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty(60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00amI and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919)431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal.Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental duality 1601 Mail Service Center Raleigh, NC 27699-1601 Harmon Dairy Stream Rest, DWR#17-6, 401 Approva., Page 4 of 4 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Andrew Moore at 828-296-4684 or Andrew.W.Moore.(@ncdenr.gov if you have any questions or concerns. Sincerely, ?nPrice, P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3885 Certificate of Completion- cc: Clement Riddle-ClearWater Environmental Consultants,Inc. (via email) Steve Kichefski—USACE Asheville Regulatory Field Office (via email) Andrea Leslie—NCWRC (via email) Stan Aiken—Division of Energy, Mineral and Land Resources (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit (via email) G;\WR\WQ\Polk\401s\Non-DOT\Harmon Dairy Stream Restoration\AML.HarmonDairyStreamRestoration 3 2017 dDex„. ROY COOPER Governor s MICHAEL S.REGAN Secretary S.JAY ZIMMERMAN Water Res6ut"ces Director Environmental Quality March 3,2017 George W.Gibson Sr. 121 Thurland Ave Asheville,NC 28803 Subject: Stream Identification Request Dear Mr. Gibson: This letter provides the findings of a site visit to Buncombe County Parcel Identification Number 964875117200000 at 141 Thurland Avenue in Asheville,NC conducted on March 2,2017 to provide a stream determination. The stream feature is shown as a blue line on the Buncombe County GIS website (see attached map). The feature flows from north to south. The results of the stream determination are as follows: Features Score Comments logy IBi omo hology 7.5 drology 9.5 6 al 23 Intermittent Determination: Stream Determination. This on-site determination shall expire five(5)years from the date of this letter. Landowners or affected parties that dispute a determination made.by the Division of Water Resources(DWR)may request a determination by the Director. An appeal request must be made within sixty(60)days of date of this letter. A request for a determination by the Director shall be referred to the Director in writing. If .sending via US Postal Service: c/o Karen Higgins;DWR—401 &Buffer Permitting Unit; 1617 Mail Service Center;Raleigh,NC 27699-1617. If sending via delivery service(UPS,FedEx,etc.):Karen Higgins;DWR—401 &Buffer Permitting Unit; 512 N. Salisbury Street;Raleigh,NC 27604. This determination is final and binding unless,as detailed above, an appeal is requested within sixty(60). days. Please contact me if I can be of any further assistance: 828-296-4650 or kevin.mitchell@�ncdenr.gov. State of North Carolina I Environmental Quality i Water Resources 2090 U.S.I lighway 70,Swarmanoa,North Carolina 28778 828-296-4500 Sincerely; Kevin Mitchell—Environmental Specialist—Asheville Regional Office Water Quality Regional Operation Section NCDEQ-Division of Water Resources Enclosures: Buncombe County GIS Map GAWR\WQ\Buncombe\Stream Calls\141 Thurland Ave\Stream Determination 141 Thurland Ave.doex PIN 964875117200000 �r lip LrI i!I 1h 5F� r > ejrt1. March 1, 2017 1:1,128 0 0.0075 0.015 0.03 mi 0 0.015 0.03 0.06 km v If you have any questions, please do not hesitate to contact Linda Wiggs with the Water Quality Sectio�t` Asheville Regional Office at 828-296-4500 or via email at linda.wiggs@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: Ken Stines, (e-copy) Asheville Regional Office -WQS File Central Files, Water Quality Section G:\WR\WQ\Buncombe\Collection Systems\MSD Collection System WQCS00004\SSO's\NOV-2017-DV-0050.SSO 2-20-2017.rtf f� State of North Carolina Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 ko i 4JrPEL ' �XCii) L Aq CERTIFIED MAIL #: 7015 1520 0003 5463.2404 RETURN RECEIPT_REQUESTED March 06, 2017 Thomas E Hartye, PE Metropolitan Sewerage District of Buncombe County North Carolina 2028 Riverside Dr. Asheville,NC 28804-3054 SUBJECT: NOTICE OF DEFICIENCY Tracking Number: NOD-2017-DV-0006 Sanitary Sewer Overflows January 2017 Collection System Permit No. WQCS00004 MSD Buncombe County Collection System Buncombe County Dear Permittee: The self-reported Sanitary Sewer Overflow(SSO) 5-Day Report submitted by Metropolitan Sewerage District of Buncombe County North Carolina indicates violations of permit conditions stipulated in the subject permit and North Carolina G.S. 143-215.1. Violations include failing to effectively manage, maintain, and operate the subject collection system so that there is no SSO to the land or surface waters and making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required. Specific incident(s) cited in the subject report include the following: Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 201700126 1/17/2017 23 3 Hedgerose Ct Grease 241 241 Notice of Deficiency Remedial actions, if not already implemented, should be taken to correct the above noncompliance. State of North Carolina Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you have any questions, please do not hesitate to contact Linda Wiggs with the Water Quality Sect n-. Asheville Regional Office at 828-296-4500 or via email at Iinda.Wiggs@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: Ken Stines (e-copy) Asheville Regional Office - WQS File Central Files, Water Quality Section G:\WR\WQ\Buncombe\Collection Systems\MSD Collection System WQCS00004\SSO's\NOD-2017-DV-0006.SSO 1-18-2017Hedgerose.rtf State of North Carolina Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 OOPI R I" "+DIBAImL A � CERTIFIED MAIL #: 7015 1520 0003 5463 2411 RETURN RECEIPT REQUESTED March 06, 2017 Thomas E Hartye, PE Metropolitan Sewerage District of Buncombe County North Carolina 2028 Riverside Dr. Asheville, NC 28804-3054 SUBJECT: NOTICE OF DEFICIENCY Tracking Number: NOD-2017-DV-0007 Sanitary Sewer Overflows - February 2017 Collection System Permit No. WQCS00004 MSD Buncombe County Collection System Buncombe County Dear Permittee: The self-reported Sanitary Sewer Overflow(SSO) 5-Day Report submitted by Metropolitan Sewerage District of Buncombe County North Carolina indicates violations of permit conditions stipulated in the subject permit and North Carolina G.S. 143-215.1. Violations include failing to effectively manage,maintain, and operate the subject collection system so that there is no SSO to the land or surface waters and making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required. Specific incident(s) cited in the subject report include the following: Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 201700210 2/9/2017 19 75 Montgomery St Pipe Failure 220 220 Notice of Deficiency Remedial actions, if not already implemented, should be taken to correct the above noncompliance. State of North Carolina Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you have any questions, please do not hesitate to contact Linda Wiggs with the Water Quality Section,, Asheville Regional Office at 828-296-4500 or via email at linda.wiggs@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: Ken Stines (e-copy) Asheville Regional Office - WQS File Central Files, Water Quality Section G:\WR\WQ\Buncombe\Collection Systems\MSD Collection System WQCS00004\SSO's1NOD-2017-DV-0007.SSO 2-9-2017.rtf State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 HCmA 00- j' CERTIFIED MAIL #: 7015 1520 0003 5463 2374 RETURN RECEIPT REQUESTED March 06, 2017 Thomas E Hartye, PE Metropolitan Sewerage District of Buncombe County North Carolina '2028 Riverside Dr. Asheville, NC 28804-3054 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2017-DV-0051 Sanitary Sewer Overflows - January 2017 Collection System. Permit No. WQCS00004 MSD Buncombe County Collection System Buncombe County Dear Permittee: The self-reported Sanitary Sewer Overflow (SSO) 5-Day Report submitted by Metropolitan Sewerage District of Buncombe County North Carolina indicates violations of permit conditions stipulated in the subject permit and North Carolina G.S. 143-215.1. Violations include failing to effectively manage, maintain, and operate the subject collection system so.that there is no SSO to the land or surface waters and making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required. Specific incidents) cited in the subject report include the following: Total Vol Total Surface Incident Start Duration Vol Water Number Date (Minn) Location Cause (Gals) (Gals) DWR Action 201700127 1/18/2017 30 780 Hendersonville Rd Debris in line 315 315 Notice of Violation Remedial actions, if not already implemented, should be taken to correct the above noncompliance. State of North Carolina I Environmental Quality 1.Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you have any questions, please do not hesitate to contact Linda Wiggs with the Water Quality Sect on Asheville Regional Office at 828-296=4500 or via email at linda.wiggs@ncdenr.gov. X Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: Ken Stines (e-copy) Asheville Regional Office - WQS File Central Files, Water Quality Section G:\WR\WQ\Buncombe\Collection Systems\MSD Collection System WQCS00004\SSO's\NOV-2017-DV-0051.SSO 1-18-2017.rtf State of North Carolina Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 ROY COOPER Governor MICHAEL S. REGAN SecretVjl S. JAY ZIMMERMAN Wow Rooma Director March 7, 2017 Giles Chemical Deborah Durbin 102 Commerce St. Waynesville,NC_28786 SUBJECT: Compliance Evaluation Inspection Giles Chemical Permit No: NCG500244 Haywood County Dear Ms. Durbin: On February 13, 2017, I conducted a Compliance Evaluation Inspection of the General NPDES Discharge Permit that serves the Giles Chemical Plant. Based on records reviewed and the on-site evaluation,the system was determined to be in compliance with Permit No. NCG500244. The system and its components appear to be well maintained and operated. Your assistance in conducting the inspections was greatly appreciated. Please refer to the enclosed inspection report for additional observations and recommendations. If there are any questions or additional information is heeded;please feel free to contact me at 828=296-4500. Sincerely, Mikal V i liner Environmental Specialist Asheville Regional Office Enclosure:Inspection Report cc: MSC 1617-Central Files WQ Asheville Files G:\WR\WQ\Haywood\Wastewater\General\NCG50 Non-Contact\NCG500244 Giles\Inspect.February 13,2017\CEI Letter 2-13- 2017.doex State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 United States Environmental Protection Agency Form Approved. L P/t Washington,D.C.20460 OMB No.2040-0057 Water Compliance inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 15 1 3 I NCG500244 I'll 121 17/02113 17 18 I( I 19 I S l 20I 21I I 'I . I I f6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA — -Reserved 67 70 1 1 71 lI I 72 � N � 73�74 751 1 I 1 180 I_) Section B:Facility Data LJ Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 01:45PM 17/02/13 15/11/19 Waynesville plant Exit Time/Date Permit Expiration Date 102 Commerce St 02:15PM 17/02/13 20/07/31 Waynesville NC 28786 Name(s)of Onsite Representatives)/Titles(s)/Phone and Fax Number(s) Other Facility Data a Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Deborah Durbin,102 Commerce St Waynesville NC 28786//828-452-4784/ Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) E'.Pelr7rrt _ E Flow Measurement ® Operations&Maintenance E Records/Reports' ■ Self-Monitoring Program ■ Facility Site Review Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Mikal Willmar ARO WQ//828-296-4686/ '.(z, Signature of anagement Q A Reviewer Agency/Office/Phone and Fax Numbers Date 1 .1c EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# NPDES yr/mo/day Inspection Type 1 3( NCG500244 (11 12 17/02/13 17 18 C (Cont.) Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Inspector, Mikal Willmer with the Asheville Regional Office conducted a Compliance Evaluation Inspection of Giles Chemical's Non-Contact Cooling Water system that supplies the barometric condenser on February 13, 2017. Deborah Durbin, Director of Quality and Safety for Giles Chemical, was present and assisted in the inspection. The non-contact cooling water storage tank is showing signs of rust and age, but there were no visible leaks around the tank.The PVC influent and effluent pipes to and from Richland Creek were well maintained.There appeared to be some water leaking just inside of the building, however, not in sufficient quantity to reach the back door. Giles chemical has placed a berm just outside of the door leading to Richland Creek to help minimize the chance of runoff.A catwalk has been installed along the backside of the building to allow safe access from the side of the building.The pipe running along the creek behind the building was also recently replaced. All monitoring data was readily available for review and was within permit limits. Giles Chemical is only required to monitor flow, temperature and pH semi-annually. Richland Creek appeared to be free of any visual impairments from the permitted discharge. There did not appear to be any violations of the NCG500000 Permit at the time of the inspection.A previous inspection indicated it was acceptable for Giles Chemical to only monitor upstream and downstream.They have added effluent monitoring at all outfalls to satisfy all permit conditions. Giles Chemical should label all of the discharge pipes exiting the backside of the building. Currently only three discharge pipes directly below the non-contact cooling water storage tank are labeled. There are three additional discharge pipes exiting the backside of the building.Also, please clarify in any future permit renewals the number of separate discharge points. The most recent renewal only indicated three outfalls. Page# 2 Permit: NCG500244 Owner-Facility: Waynesville plant inspection Date: 02/13/2017 Inspection Type: Compliance Evaluation Operations $ Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable ❑. ❑ 0 ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: Process control testing not performed No associated wastewater treatment plant.This system is non-contact cooling water discharge only. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ ® ❑ application? Is the facility as described in the permit? ❑ #Are there any special conditions for the permit? ❑ ❑ . ❑ Is access to the plant site restricted to the general public? ® ❑ 0 ❑ Is the inspector granted access to all areas for inspection? ® ❑ ❑ El Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? El ❑ 1-1 Is all required information readily available,complete and current? ® ❑ ❑ ❑ Are all records maintained for 3 years(lab,reg. required 5 years)? ® ❑ ❑ ❑ Are analytical-results cons:istent-wltl+datareported on DMRs? ❑ ❑ ` Is the chain-of-custody complete? ❑ ❑ ® ❑ Dates,times and location of sampling ❑ Name of individual performing the sampling El Results of analysis and calibration ❑ Dates of analysis ❑ Name of person performing analyses ❑ Transported COCs El Are DMRs complete:do they include all permit parameters? ❑ ❑ 0 ❑ Has the facility submitted its annual compliance report to users and DVVQ? ❑ ❑ 0 ❑ (If the facility is=or>5 MGD permitted flow)Do they operate 2417 with a certified operator ❑ ❑ 0 ❑ on each shift? Is the ORC visitation log available and current? ❑ ❑ . ❑ - Is the ORC certified at grade equal to or higher than the facility classification? ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ❑ ❑ 0 ❑ Is a copy of the current NPDES permit available on site? ® ❑ ❑ ❑ Page# 3 Permit: NCG500244 Owner-Facility: Waynesville plant Inspection Date: 02/13/2017 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ® 0 Comment: A copy of the most recent Non-Contact Cooling Water General NPDES Permit is kept onsite and filed with monitoring data Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ® ❑ ❑ ❑ .Are the receiving water free of foam other than trace amounts and other debris? ® ❑ n ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ® ❑ Comment: The PVC effluent and influent pipes for the non-contact cooling water to and from Richland Creek appear to be in good condition Some of the effluent pipes are labeled however,there a three pipes to the right of the backdoor which are unlabeled Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ❑ 0 ❑ Is sample collected below all treatment units? ❑ ❑ ® ❑ Is proper volume collected? ❑ ■ ❑ Is the tubing clean? El ❑ M ❑ \ / #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees ❑ ❑ ❑ Celsius)? Is the facility sampling performed as required by the permit(frequency,sampling type ® ❑ ❑ ❑ representative)? Comment: There is a continuous discharge from the plant Giles Chemical uses upstream and downstream data to meet effluent temperature requirements Provided monitoring data did not show effluent specific data Giles was informed by our office in a previous inspection that only sampling upstream and downstream was acceptable They have added effluent monitoring at all outfalls to satisfy all permit conditions Upstream 7 Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit(frequency,sampling type,and ❑ ❑ ❑ sampling location)? Comment: The Dast three years of upstream and downstream sampling were available for review. Monitoring data reviewed was within compliance of permit limits Page# 4 ROY COOPER Governor ''` MICHAEL S.REGAN Secretary S. JAY ZIMMERMAN Water Resources Director Environmental Quality February 7, 2017 CERTIFIED MAIL# 7015 1520 0003 5463 2343 RETURN RECEIPT REQUESTED Waste Management of Carolinas, Inc. Ron Peterson 390 Innovation Way Wellford, SC 29385 CERTIFIED MAIL# 7015 1520 0003 5463 2350 RETURN RECEIPT REQUESTED Waste Management of Carolinas, Inc. 1001 Fannin Street Houston, TX 77002-6706 Subject: Notice of Violation and Intent to Assess Civil Penalty NOV-2017-DV-0048 Incident No.: 201501573 Waste Management of Carolinas—24 Pond Rd. Buncombe County,N.C. Dear Mr. Peterson, On October23, 2015,the Division of Water Resources (DWR)Asheville staff received a citizen complaint regarding the presence of wastewater leaving the Waste Management Pond Road site and entering Hominy Creek. Multiple site visits with multiple agencies have been made to the Pond Road site regarding this issue. Every effort was made to work with Waste Management to. cease all discharge of wastewater from the Pond Road site into waters of the State and achieve compliance. On February 16,2017,DWR Asheville staff observed and sampled wastewater flows from the Pond Road site and entering Hominy Creek. Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the Environmental Management Commission of the Department of Environment&Natural Resources to protect and preserve the water resources of the State. The Division of Water Resources has the delegated authority to enforce adopted water pollution control rules and regulations. State of North Carolina I Environmental Quality l Water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 828-296-4500 Based on the findings of our investigation,the following violations were documented: Violation I. Discharge Without a Valid Permit G.S. 143-215.1 (a) states that no person shall do any of the following things or carry out any of the following activities unless that person has received a permit from the Commission and has complied with all conditions set forth in the permit: G.S. 143-215.1(a)(1) -Make any outlets into the waters of the State. G.S. 143-215.1(a)(2)-Construct or operate any sewer system,treatment works or disposal system within the State. G.S. 143-215.1(a)(6) - Cause or permit any waste, directly or indirectly, to be discharged to or in any manner intermixed with the waters of the State in violation of the water quality standards applicable to the assigned classifications or in violation of any effluent standards or limitations established for any point source,unless allowed as a condition of any permit, special order or other appropriate instrument issued or entered into by the Commission under the provisions of this Article. Violation H.Violation of Water Quality Standards 15A NCAC 02B .0211(2): Conditions Related to Best Usage: the waters shall be suitable for aquatic life propagation and maintenance of biological integrity, wildlife, secondary recreation, and agriculture. Sources of water pollution that preclude any of these used on either a short-term or long-term basis shall be considered to be violating a water quality standard. 15A NCAC.02B .0211(12): Oils, deleterious substances, colored, or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife or adversely affect the palatability of fish, aesthetic quality, or impair the waters for designated uses. For the purposes of implementing this Rule, oils, deleterious substances, colored, or other wastes shall include substances that cause a film or sheen upon or discoloration of the surface of the water or adjoining shorelines pursuant to 40 CFR 110.3(a)-(b) which are hereby incorporated by reference including any subsequent amendments and additions. A Notice of Violation/Intent to Assess Civil Penalty is being issued for the noted violations of North Carolina General Statute (G.S.) 143-215.1. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms,conditions,or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide information regarding the noted violations or discuss overall compliance, please respond in writing within ten(10) business days after receipt of this Notice. 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. DWR may pursue enforcement actions for this and anyadditional or continuing violations. If you have any questions concerning the matter, please contact Linda Wiggs of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Regional Operations,DWR Asheville Regional Office cc: DWR WQROS Asheville Files DWR Enforcement Unit—John Hennessy DEMLR ARO Stan Aiken DWM ARO—Deb Aja DWM Raleigh—Jason Watkins Shawn Carroll,Waste Management(e-copy) Dan Moore,Waste Management(e-copy) G:\WR\WQ\Buncombe\Complaints\201501573 Waste Mgt Pond Rd\N0V(N0I)-2017-DV-0048.docx ROY COOPER Governor M:ICHAEL S.REGAN Secretaiv S.JAY ZIMMERMAN Director March 7, 2017 Brad Boris City of Morganton PO Box 3448 Morganton,NC 28655 SUBJECT: Compliance Evaluation Inspection Catawba River WTP Permit No:NCO060194 Burke County Dear Mr. Boris: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on February 28, 2017. We met onsite and went through the facility with Robert Joyce and Jason Green. Permit NCO060194 remains active even though the wastewater from the subject facility is discharged to the City sewer system. Please refer to the enclosed inspection report for observations and comments. If you or your staff have any questions,please call me at 828-296-4500. Sincerely, � � Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enc.Inspection Report cc: MSC 1617-Central Files-Basement Asheville Files is\WR\WQ\Burke\Wastewater\Municipal\Morganton WTP 60194\CEI.Feb2017.Ltr.docx lothmg E State of North CaroCarolina Ivironmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 828 296 4500 United States Environmental Protection Agency Form Approved. `n/� Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires -31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector FacType 1 IN 1 2 L� 3 Ncoosolsa I11 12 17/02/28 17 18 CI 191 s 1 20u 2111111 IIIIIIIIIII I I I I I I I I i II III 166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -- —Reserved------—-- 67 70 71 ' I 72 I ,,J I 73I J J74 75 80 ty L Section B:Facility Data LLJ Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:OOAM 17/02/28 15/08/01 Catawba River WTP Exit Time/Date Permit Expiration Date 100 Coulter St 11:00AM 17102(28 20/02/28 Morganton NC 28655 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Brad E Boris,PO Box 3448 Morganton NC 286559850//828-438-5285/ Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit .Operations&Maintenance ®.Facility Site Review M,Effiuent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Linda S Wiggs nn ARO WQ//828-296-4500 Ext.4653/ Daniel J Boss J ARO WQ/1828-296-4658/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 11 12 (Cont.) 1 3 Ncooso1 s4 17/02/28 17 18 l"I Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Met onsite with staff, Robert Joyce and Jason Green. Dan Boss with DWR was also present. This facility discharges its wastewater to the City of Morganton's sewer system. On average they discharge—135,000 gpd to the sewer,worst case—250,000 gpd. The facility has a filter press and brings the sludge cakes to the landfill for disposal. We walked the site and discussed the wastewater management processes.We also discussed stormwater drainage inlets in the area of the wastewater system. Although the facility is not likely to discharge to the stream, the City of Morganton chooses to keep this permit active,just in case the need should arise. Page# 2 Permit: NCO060194 Owner-Facility: Catawba River VVTP Inspection Date: 02/28/2017 Inspection Type: Compliance Evaluation Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable ❑ ❑ El Solids,pH, DO, Sludge Judge,and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ N ❑ application? Is the facility as described in the permit? ® ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ❑ ® ❑ Is access to the plant site restricted to the general public? ® ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ® ❑ ❑ ❑ Comment: There was an area of their fence down bathe river that had been damaged and needed repair. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ® ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ® ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ M ❑ Comment: Page# 3 �i J; ___. ROY COOPER Aff Governor 4-1 M.ICHAEL S.REGAN Secretary S.JAY Z.IMMERMAN r Water Resources Director Environmental Quality March 7, 2017 Leslie Diane Shannon 1437 Ashely Creek Drive Matthews,NC 28105 Subject: Complaint Investigation Chimney Rock Estates Dear Ms. Shannon: On February 27, 2017,this office received a complaint call from a representative of Chimney Rock Estates regarding two parallel culverts on your property on Chimney Rock Road that convey Reedypatch Creek(Class C; Trout)under Southern Scenic Heights Road. The nature of the complaint was that the culverts were clogged, damaged, and backing up water. On March 1, 2017, I met with a resident of Chimney Rock Estates to investigate the complaint. At the time of the inspection,no water quality violations associated with the culverts were r observed. However,I did observe a number of concerns associated with the two culverts. Pictures of the culverts provided to me depict a deformed culvert that did not appear to effectively convey water. The culvert has subsequently been returned to a state where it does convey water. If the infrastructure on your property results in a significant restriction of flow to downstream receiving waters,that may be considered a violation of Title 15A of the North Carolina Administrative Code (NCAC) Subchapter 02B .0211(2),which requires that the waters be suitable for aquatic life propagation and maintenance of biological integrity. It appeared that the restriction of flow in Reedypatch Creek, due to the distorted culvert, resulted in water backing up and significant erosion of the headwall and fill above the culvert. Each of the two culverts appeared to have been displaced at joints under the road,which could potentially result in`sediment loss to the stream. Sediment is considered a contaminant and any sediment lost to the stream from the fill material above the culvert may be considered a violation of 15A NCAC 02B .0211(12),which prevents the discharge of other waste (i.e. sediment) in any amount that renders the waters injurious to public health, secondary recreation, or aquatic life. This office strongly recommends that you have the culverts evaluated, and replaced if necessary, to ensure Reedypatch Creek is not impounded in any way by the culverts,that there is no restriction of flow to downstream aquatic habitat, and no sediment is lost to the stream channel due to malfunctioning or damaged culverts. Norhl comma State of North Carolina{Environmental Quality I Water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 828-296-4500 Leslie Diane Shannon March 7,2017 Page 2 of t If you would like to do any work in the stream channel,to the culverts or otherwise, you,should \ Y � contact the U.S. Army Corps of Engineers to determine your permitting needs. The Asheville Regulatory Field Office of the U.S. Army Corps of Engineers can be reached at(828)271-7980. If you have any questions, or would like to discuss this issue further,please do not hesitate to_, contact me at Andrew.W.Mooregncdenr go v or(828)296-4684. Sincerely, Andrew Moore Environmental Specialist Water Quality Regional Operations Asheville Regional Office Enclosure G:\WR\WQ\Henderson\complaints\201700330 Southern Scenic Heights Road\LeslieShannonLetter.3-7-17.docx 1 ROY COOPER Governor MICHAEL S.REGAN Secretuty S.JAY ZIMMERMAN Director March 7, 2017 Tony Setzer Shuford Yarns 123 Foothill Drive Lenoir,NC 28645 SUBJECT: Compliance Evaluation Inspections Dudley Shoals Plant Permit No:NCG500321 and NCO035211 Caldwell County Dear Mr. Setzer: On January 25, 2017, I conducted a Compliance Evaluation Inspection at the subject facility for Permits NCG500321 and NCO035211. The facility appeared to be in compliance with both permits. There are items, however, that need your attention to maintain compliance. Please refer to the enclosed inspection reports for comments related to these items. If you or your staff have any questions,please call me at 828-296-4500. Sincerely, Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enc.Inspection Reports for NCG500321 &NCO035211 cc: MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\Caldwell\Wastewater\Minors\Dudley Shoals Plant 35211\CEI.Jan2017.ResendLtr.docx G:\WR\WQ\Caldwell\Wastewater\General\Non-contact NCG50\Shuford-NCG500321\CEI,Jan2017.ResendLtr.doex State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 828 296 4500 .. �� '. �� I `�� United states Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires8-31-98' Section'A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector FacType 1 IN ' 2 15 ' 3 I NCO035211 I 12 17/01/25 17 18 191 S 1 20u Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------Reserved------------- 671 70 I I 71 72 73�74 75 80 L_] Section B:Facility Data LJ Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:30AM 17/01/25 15/06/01 Dudley Shoals Plant Exit Time/Date Permit Expiration Date 5100 Burns Rd 11:30AM 17/01/25 20/03/31 Granite Falls NC 28630 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Mark E HavveS,PO Box 1530 Hickory NC 286031530//828-322-2700/8283255387 Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) P eimlt. Or- erations&Maintenance Records/Reports Self-monitoring Program ® p Facility Site Review ■ Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of In 6ctor(s) Agency/Office/Phone and Fax Numbers Date Linda S Wiggs ARO WQ//828-296-4500 Ext.4653/ Dan iel J Boss ARO WQ/l828-296 4658! Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3l NCO035211 (11 12 17/01/25 17 18 1 c, (Cont.) Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Present for inspection were Cecil Cline,Tony Setzer, Keith Johnson and Mike Bradshaw with Shuford Yarns, Jerry Younce with Water Tech (ORC/Lab)and Dan Boss with DWR. An inspection of the Non-Contact Cooling Water(NCG500321)was also performed.As noted in that inspection report Shuford staff indicated that the Air Compressor Cooling Tower water discharges to the Wastewater Septic/Sand filter system and not directly to the creek.This needs to be verified and quantified. Flows are estimated by water usage(City Water). The quantity of water being discharged through the Cooling Water discharge pipe and the Wastewater discharge pipes is unclear.An estimate needs to be obtained during sampling events at each discharge pipe. Page# 2 Permit: NC0035211 Owner-Facility: Dudley Shoals Plant Inspection Type: Compliance Evaluation Inspection Date: 01/25/2017 Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping?- ® ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable ❑ ❑ ® ❑ Solids, pH,DO, Sludge Judge,and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ application? Is the facility as described in the permit? ® ❑ El #Are there any special conditions for the permit? ❑ ■ ❑ Is access to the plant site restricted to the general public? El Is the inspector granted access to all areas for inspection? ® ❑ ❑ ❑ Comment:' Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ ❑ ❑ Is all required information readily available,complete and current? ❑ ❑ ❑ Are all records maintained for 3 years(lab. reg. required 5 years)? ■ ❑ ❑ ❑ Are analytical results consistent with data reported,on DMRs? ®. ❑ -® . ......... ElIs the chain-of-custody complete? ■ Dates,times and location of sampling ❑ Name of individual performing the sampling ❑ Results of analysis and calibration Dates of analysis Name of person performing analyses ❑ Transported COCs ❑ Are DMRs complete:do they include all permit parameters? ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ❑ ❑ M ❑ (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator ❑ ❑ 0 ❑ on each shift? Is the ORC visitation log available and current? ❑ ❑ ❑ ■ Is the ORC certified at grade equal to or higher than the facility classification? . ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? 0 ❑ ❑ ❑ Page# 3 Permit: NCO035211 Owner-Facility: Dudley Shoals Plant Inspection Date: 01/25/2017 Inspection Type:, Compliance Evaluation Record Keeping Yes No NA NE Facility has copy of previous year's Annual Report on file for review? Comment: Septic Tank Yes No NA NE (If pumps are used)Is an audible and visual alarm operational? Is septic tank pumped on a schedule? ® El El M Are pumps or syphons operating properly? El El 0 0 Are high and low water alarms operating properly? Comment: Bumaarner Septic Hauler pumps the septic tank 2/vr The last pumping was in September of 2016. Sand Filters (Low rates Yes No NA NE (If pumps are used)Is an audible and visible alarm Present and operational? Is the distribution box level and watertight? M El ■ Is sand filter free of ponding? ® ❑ ❑ ❑ Is the sand filter effluent re-circulated at a valid ratio? ■ #Is the sand filter surface free of algae or excessive vegetation? El El 0 #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) Comment: The sand filter wall has been improved to avoid run on of stoimwater The Dosing Bells were replaced in 2013 The distribution lines are cleaned annually. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? El M Are the receiving water free of foam other than trace amounts and other debris? El M El If effluent (diffuser pipes are required) are they operating properly? El El N El Comment: Page# 4 United States Environmental Protection Agency Form Approved. E /1/� Washington D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type inspector FacType 2 15 I 3 I NCG500321 I11 12 /01/25 17 18 r 19 s 20I ' 211111 J_L I I I ) II I I I I I ) 166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -- — -----Reserved----------- 67 70 I I 71 L 72 L N J 73 Lj 75 LLLLj80 Section B:Facility Data L_ Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:30AM 17/01/25 15/12/29 Dudley Shoals Plant Exit Time/Date Permit Expiration Date 5100 Burns Rd 12:OOPM 17/01/25 20/07131 Granite Falls NC 28630 Name(s)of Onsite Representative(s)fritles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Mark E Hawes,PO Box 2228 Hickory NC 286032228//828-325-5428/8283255387 Yes Section C:Areas Evaluated DuringInspection(Check only those areas evaluated) :&Maintenance Records/Reports ®Operations - ® Self-Monitoring.Program ® Facility Site Review _ _ Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of-Inspectors) Agency/Office/Phone and Fax Numbers Date Linda S Wiggs Vr � ARO WQ/1828-296-4500 Ext.4653/ Daniel J Boss P ARO WQ//828-296-4658/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA orm L3560-23(R., 9-94)Previous editions are obsolete. Page# NPDES yr/mo/da Y Inspection Type 31 NCG500321 1 12 17/01/25 17 18 11 (Cont.) Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Present for inspection were Cecil Cline,Tony Selzer, Keith Johnson and Mike Bradshaw with Shuford Yarns, Jerry Younce with Water Tech (ORC/Lab)and Dan Boss with DWR. Site plan reviewed is dated 3/25/1996. The site plan does not appear to be accurate any longer and needs to be updated. Shuford Yarn staff indicated Point A(Air Compressor Cooling Tower)on the site plan discharges to the Wastewater Septic/Sand filter system and not directly to the creek. Staff also indicated the Cooling components associated with Point C are directed to the treatment area near point B on the South side of the property and discharge to the creek after de-chlorination: This area of the facility was inspected and staff were instructed to determine where flows from the concrete pipe(-18-24")were coming from and where the floor drains in the"air wash"room go. Staff indicate the chemicals approved on the Biocide sheets are still being used, except AWT is no longer used. Analytical data reviewed (2015-2016)indicated compliance, however items noted below need to be undertaken. Flows are estimated by water usage(City Water). It is not clear how much of this water is being discharged through the Cooling Water discharge pipe and the Wastewater discharge pipes.An estimate needs to be obtained during sampling events at each discharge pipe. Total Residual Chlorine(TRC)at the cooling water effluent discharge pipe is required. We discussed the annual maintenance of cooling equipment and the potential for a pollutant load to be discharged during this activity, such as increased flows and concentrated chemicals/metals. Sampling'during this-activitl should take place to evaluate if effluent limits are met. If staff find limits are not met during such activities, contact the inspector to discuss what measures the facility plans to put in place to remediate pollutant load. j Page# 2 Permit: NCG500321 Owner-Facility: Dudley Shoals Plant Inspection Date: 01/25/2017 Inspection Type: Compliance Evaluation Operations &Maintenance Yes No NA NE 1s the plant generally clean with acceptable housekeeping? ® ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MISS, MCRT,Settleable ❑ ❑ ❑ Solids, pH,DO, Sludge Judge,and other that are applicable? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ® ❑ El Are the receiving water free of foam other than trace amounts and other debris? ® ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ® ❑ Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ❑ ❑ ■ ❑ Is sample collected below all treatment units? ❑ ❑ ■ ❑ Is proper volume collected? El 0 El i Is the tubing clean? ❑ El #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees ❑ ❑ ❑ Celsius)? Is the facility sampling performed as required by the permit(frequency,sampling type ® ❑ 0 ❑ representative)? Comment: Upstream/Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit(frequency,sampling type, and ■ ❑ ❑ ❑ sampling location)? Comment: Page# 3 IGH �� � � DOW �. apt ; Certified Mail # 7015 1520 0003 5463 2336 Return Receipt Requested March 7, 2017 Joey Cupp Pilot Travel Centers LLC 5508 Lonas Rd Knoxville, TN 37909-3221 SUBJECT: NOTICE OF VIOLATION&INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-PC-0131 Permit No. NCO086053 Pilot Travel Center #393 Haywood County Dear Permittee: The North Carolina Division of Water Resources conducted an inspection of the Pilot Travel Center #393 on February 28, 2017. This inspection was conducted to determine if the facility is operating in compliance with the conditions and limitations specified in NPDES WW Permit No. NCO086053 and to determine whether any steps have been taken to address the failing system components. A summary of the findings and comments noted during the inspection are provided in the enclosed copy of the inspection report. The Follow-Up Compliance Evaluation 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 Secondary Clarifier One of the two secondary clarifiers is still offline.At the time of the inspection, inspectors observed significant floating solids in the operable secondary clarifier, and the plant was discharging effluent with significant solids and turbidity. [NPDES Standard Permit Conditions Part 11 C,2 Operation and Maintenance of Pollution Controls; The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control(and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit,] Operations &Maintenance The treatment units and facility components appear to be reaching the end of their useable life.The structural integrity of some of the concrete tanks is suspect and may present a safety hazard. [NPDES Standard Permit Conditions Part I1.C.2. Operation and Maintenance of Pollution Controls. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control(and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit.] State of North Carolina I Environmental Quality I water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 R2R-29Fi-45�0 Permit: NCO086053 Owner-Facility: Pilot Travel Center#393 ~ Inspection Date: 02/28/2017 Inspection Type: Compliance Evaluation Pump Station -Effluent y\ • Yes No NA NE Are float controls operable? , Is SCADA telemetry available and operational? El El N Is audible and visual alarm available and operational? El El El N Comment: Inspectors did not visually inspect the lift station between the travel center and the wastewater plant.The ORC stated they continue to have Problems with the pumps clopping Equalization Basins Yes No NA NE Is the basin aerated? Is the basin free of bypass lines or structures to the natural environment? ® El 0 ❑ Is the basin free of excessive grease? Are all pumps present? Are all pumps operable? Are float controls operable? El M El n Are audible and visual alarms operable? ® El ❑ El #Is basin size/volume adequate? N El 0 El Comment: During the inspection there apDeared to be an issue with the float controls The water level was above the high water float potentially leading to weir overtopping and inaccurate effluent flow measurement. SecorldarV Clari:tier.::;_ <;. yes4 No CIA:NE Is the clarifier free of black and odorous wastewater? 0 El El El Is the site free of excessive buildup of solids in center well of circular clarifier? R El ■ Are weirs level? ■ 1:1 El El Is the site free of weir blockage? Is the site free of evidence of short-circuiting? El Is scum removal adequate? Is the site free of excessive floating sludge? Is the drive unit operational? El El 0 EJ Is the return rate acceptable(low turbulence)? El n0 Is the overflow clear of excessive solids/pin floc? Is the sludge blanket level acceptable?(Approximately A of the sidewall depth) El El El N Comment: One of the two secondary clarifiers is still offline Floating solids covered the surface of the active secondary clarifier.The ORC reported issues recently with solids settling Solids ] were observed passing through the clarifier to the effluent channel. Consider adjusting RAS rate to reduce denitrification or investigate FOG issues. Page# 4 Permit: NCO086053 Owner-Facility: Pilot Travel Center#393 Inspection Date: 02/28/2017 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ® ❑ ❑ Are surface aerators and mixers operational? ❑ ❑ ® ❑ Are the diffusers operational? ■ ❑ ❑ ❑ Is the foam the proper color for the treatment process? ❑ ❑ ❑ Does the foam cover less than 25%of the basin's surface? ❑ ❑ ❑ ■ Is the DO level acceptable? El ❑ ❑ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ Comment: ORC reported diffusers were working properly Recently had solids remove from aeration basin ORC stated MLSS was running between 5006 and 6000 mg/L. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ❑ ❑ ❑ Is sample collected below all treatment units? ❑ ❑ ❑ N Is proper volume collected? ❑ ❑ ❑ N Is the tubing clean? ❑ ❑ ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees ❑ ❑ ❑ Celsius)? Is the facility sampling performed as required by the permit(frequency,sampling type ® ❑ ❑ ❑ representative)? Comment: There were no limit violations in 2016 however,the system in its current state, does not appear capable of providing consistent quality wastewater treatment. Page# 5 A `��_��' �'��J __ __ __ ROY COOPER Governor MICHAEL S.REGAN Secretary S.JAY ZIMMERMAN Director Water Resources Environmental Quality March 7,2017 CERTIFIED MAIL RETURN RECEIPT REQUESTED William R. Scherer 633 S Federal Hwy. Fort Lauderdale, FL 33301 Return Receipt# 70151520 0003 5463 2398 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Black Beaver Road Scherer NOV-2017-PC-0129 Stream Standard Violation—Other Waste (In-stream sediment) Stream Standard Violation-Turbidity Stream Standard Violation—Removal of Best Usage Failure to Secure 401 Water Quality Certification Transylvania County Response deadline: March 24, 2017 Dear Mr. Scherer: On February 28,2017 and March 2,2017,Kevin Mitchell and Tim Fox from the Asheville Regional Office of the Division of Water Resources (DWR) conducted site inspections at your property off Black Beaver Road(Parcel Identification Numbers 8593-64-2665-000 and 8593-74- 0366-000)in response to complaints alleging turbidity in a lake downstream of your property. During the site inspection, Steel Creek and an un-named tributary to Steel Creek, classified C; Trout waters, were observed to have been impacted by sediment deposition from land disturbing activities originating from your property. Recently deposited sediment was measured to be at least 10 inches in depth. In addition,potential unauthorized impacts to streams and wetlands were observed(culvert crossings and fill). On March 2, 2017,DWR staff sampled Steel Creek and an un-named tributary to Steel Creek for turbidity. Background samples were taken above the project area for reference. In addition, samples were taken within and below the project area to determine if turbidity levels were exceeding stream standards.' The stream standard for turbidity on Steel Creek and the un-named tributary to Steel Creek is 10 Nephelometric Turbidity Units (NTUs). As a result of the site inspection and file review,the following violations were identified: State of North Carolina;Environmental Quality I Water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 828-296-4500 Black Beaver Road' NOV-2017-PC; Page2�oi VIOLATIONS \ I. Stream Standard Violation - Other Waste(In-stream sediment) 15A NCAC 0213 .0211 (12) An undetermined length of Steel Creek and an un-named tributary to Steel Creek, classified C; Trout were impacted by sediment deposition measured to be at least 10 inches in depth throughout the stream reaches, representing Water Quality Stream Standard violation of 15A NCAC 02B..0211 (12). H. Stream Standard Violation - Turbidity 15A NCAC 02B .0211 (21)— On March 2, 2017, DWR obtained water samples from Steel Creek and an un-named tributary to Steel Creek to analyze for turbidity. The sample results were as follows: Sample 41 2.4 NTUs Un-named tributary to Steel Creek; Above Scherer site Sample#2 200 NTUs Un-named tributary to Steel Creek; Below second culvert on Scherer site Sample#3 2.1 NTUs Steel Creek; Above Scherer site Sample#4 270 NTUs Un-named tributary to Steel Creek;Above confluence with Steel Creek Sample#5 90 NTUs Steel Creek;Below confluence with un-named tributa to Steel Creek Sample#6 2.1 NTUs Steel Creek; Above confluence with un-named -' tributary to Steel Creek Sam le#7 60 NTUs Steel Creek; Below falls Sam le#8 60 NTUs Steel Creek.-250 feet below falls; Mouth of lake Sam le#9 39NTUs I Steel Creek; lVliddle of-Lake III. Conditions of Best Usage- 15A NCAC 02B.0211 (2)—The stream impacts from unauthorized culvert installation and fill,in-stream waste(sediment) discharges, and turbidity violations are a violation of Title 15A North Carolina Administrative Code 02B .0211 (2) which requires that"The waters shall be suitable for aquatic life propagation and maintenance of biological integrity, wildlife, secondary recreation, and agriculture; 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." IV. Failure to Secure a 401 Water Quality Certification—A review of records confirmed that the DWR nor the US Army Corps of Engineers (USACE)has received an application for a 404 permit or 401 Water Quality Certification(WQC),prior to the impacts noted above. Such an application is required pursuant to Section 404 of the Clean Water Act and Part 15A of North Carolina Administrative Code 2H .0500. Black Beaver Road-Scherer NOV-2017-PC-0129 Page 3 of 5 REQUIRED RESPONSE Accordingly, you are directed to respond to this letter in writing by March 24, 2417. Your response should be sent to this office at the footer address or via email to kevin mitchell(a-),ncdenr.gov and include the following: 1. Please provide documentation(including a detailed site map/survey) depicting all jurisdictional water features (e.g. streams,wetlands,buffers) on the site. This documentation should describe and quantify the impacts to those jurisdictional features, and should include plans to avoid further stream and wetland impacts on the site. 2. The site must be stabilized immediately and/or proper erosion control measures installed to prevent ongoing and continuing sedimentation impacts. 3. Please submit the following documents for review and approval: a. Sediment Removal Plan- Sediment impacts to the streams onsite and downstream of the site must be removed. As a part of this plan,you should provide the amount (depth) of material that has been deposited in the stream. This information should be depicted on a map you provide. It is recommended that you use hand labor (buckets, shovels, and wheelbarrows)to remove deposited sediment from the channel_ The sediment should be removed from the channel,taken to high ground away from the stream channel a minimum of thirty feet, and stabilized. The plan must address the measures that will be used for temporary stabilization/sediment control while this work is under way. You must secure a consultant experienced in stream restoration to assist you with your plan development and authorization necessary to achieve compliance. b. Please include in your response a detailed schedule with dates explaining when the restoration will be accomplished. Once the work is complete,,a final report documenting the results of the restoration should be submitted to Kevin Mitchell. 4. Two (2) options exist to resolve the violations related to the 401 WQC: 1. Apply to the U.S. Army Corps of Engineers (USACE) for and receive a 404 Permit pertaining to the existing culverts and any unauthorized fill. A 401 WQC will be required if the activities are permitted by the Corps. The application process as described does not guarantee the impacts will be approved. Note that if option one is pursued, all culverts must meet the condition of the Water Quality Certification entitled Placement of Culverts and Other Structures in Water and Wetlands. "Placement of culverts and other structures in waters and streams must be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of aquatic life. " A `� ,� �'c ��� ��� �- �.�' ROY COOPER Governor x MICHAEL S.REGAN Secretary —. S.JAY ZIMMERMAN Water Resources Director Environmental Quality March'8, 2017 CERTIFIED MAIL 70151520 0003 5463 2251 RETURN RECEIPT REQUESTED Claudene Cody DBA Texaco Food Mart P.O. Box 218 Robbinsville; NC 28771 CERTIFIED MAIL 70151520 0003 5463 2268 RETURN RECEIPT REQUESTED Dirk Cody,David Cody& Dana Cody-Adams P.O. Box 1117 Robbinsville, NC 28771 Subject: NOTICE OF VIOLATION AND NOTICE OF INENT TO ENFORCE NOV-2016-OC-0003(Incident#201601409) Unlawful Discharge of Gasoline/Stream Standards Violations Texaco Food Mart/Crown Food Mart Graham County, NC Dear Ms. Claudene Cody, Mr. Dirk Cody, Mr. David Cody and Ms. Dana Cody-Adams, Chapter 143,.North.Carolina General,Statutes,(NCGS.),.directs and authorizes.the Environmental Management Commission of the Department of Environmental Quality to protect and preserve the water and air resources of the State.The Division of Water Resources has the delegated authority to enforce water pollution control laws and regulations. On August 16,2016,staff of the Graham County Health Department and the Emergency Services Office requested the assistance of the North Carolina Division of Water Resources(DWR) in responding to an ongoing discharge of petroleum to Tulula Creek and the.Cheoah.River in the Town of Robbinsville. DWR staff from the Asheville Regional Office(ARO)were dispatched to the location to assist in identifying the source and evaluating the impact to the receiving stream. Free phase gasoline was observed discharging from the west-bank of Tulula Creek along a 600-ft. reach of stream between Jordon Street and Patton Street.Tulula Creek and the Cheoah River are classified as Class C Streams with additional designations for Trout Waters and a Water Supply-111 Critical Area.A secondary drinking water intake for the Town of Robbinsville is located approximately 1,500-feet downstream from the release area. After determining the extensive nature of the impact, DWR staff requested that the United States Environmental Protection Agency(USEPA) Region 4 emergency response unit provide further � State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 3 828-296-4500 Claudene Cody,Dirk Cody,David Cody and Dana Cody-Adams March 8,2017 Page 2 of 5 3 assistance and resources.The USEPA provided four days of continuous emergency response in terms of air monitoring,surface water monitoring, and free product removal from the stream. Initial surface water sampling results indicated petroleum related constituents including benzene, ethylbenzene, naphthalene,toluene, and xylene were present in Tulula Creek and the Cheoah River immediately downstream of the release. Benzene and toluene concentrations exceeded the surface water standards for water supply(15A NCAC 02B .0211)and freshwater aquatic life(15A NCAC 02B `! .0215) respectively.The ongoing petroleum release resulted in the closure of the Tulula water treatment plant,a drinking water consumption advisory for the Town of Robbinsville, a recreational-use advisory for Tulula Creek/Cheoah River, and the evacuation of several residents j due to vapor hazards.As of the last day of February 2017,the recreational-use stream advisory and the closure of the water treatment plant has been in effect for 196 days. On August 17, 2016, persons representing the facility located at 272 Rodney Orr Bypass, indicated the premium unleaded gasoline underground storage tank(s) (UST)were found to be losing { petroleum product.The USEPA issued the owner a Notice of Federal Interest(NOFI)and named the Crown Food Mart as the potential responsible party(PRP). jOn September 2, 2016,a Notice of Violation and Notice of Intent to Enforce bearing the same number(NOV-2016-OC-0003)was sent to Claudene Cody DBA Texaco Food Mart. Upon { information and belief,the additional addressees- Dirk Cody, David Cody and Dana Cody-Adams— { are owners of the property located at272Rodney Orr Bypass and, along with Claudene Cody DBA Texaco Food-Mart, are responsible parties for the following violations of North Carolina law enforced by DWR. Violations As a result of the release of both free and dissolved phase gasoline into Tulula Creek and Cheoah River,the following violations are noted: I. Oil Pollution and Hazardous Substance Control Act—Unlawful Discharge 2. Discharge or Intermixing of Waste Without a Permit 3. Violations of Water Quality Standards Violation I. Unlawful Discharge N.C.G.S. §143-215.83(a)-It shall be unlawful, except as otherwise provided in this Part,for any person to discharge, or cause to be discharged, oil or other hazardous substances into or upon any waters, tidal flats, beaches, or lands within this State,or into any sewer, surface water drain or other waters that drain into the waters of this State, regardless of the fault of the person having control over the oil or other hazardous substances,or regardless of whether the discharge was the result of intentional or negligent conduct, accident or other cause. Cody,Dirk Cody,David Cody and Dana Cody-Adams .i"8,2017 .ge3of5 Violation II. Discharge or Intermixing of Waste Without a Permit N.C.G.S. §143-215.1(a)(6)—No person shall do any of the following things or carry out any of the following activities unless that person has received a permit from the Commission and has complied with all conditions set forth in the permit: cause or permit any waste, directly or indirectly,to be discharged to or in any manner intermixed with the waters of the State in violation of the water quality standards applicable to the assigned classifications or in violation of any effluent standards or limitations established for any point source, unless allowed as a condition of any permit, special order or other appropriate instrument issued or entered into by the Commission under the provisions of this Article. Violation III.Violation of Water Quality Standards The analytical results and supporting observations plus the closure of the water treatment plant for the Town of Robbinsville and the ongoing recreational use advisory for Tulula Creek and the Cheoah River indicate violations of: 1. 15A NCAC 02B .0211 (1) Removal of Best Usage of Class C Waters; aquatic life propagation and maintenance of biological integrity,wildlife,secondary recreation, agriculture,and any other usage except for primary recreation or as a source of water supply for drinking; 2. 15A NCAC 02B.0211 (2)—Removal of Conditions Related to Best Usage of Class C Waters: the waters shall be suitable for aquatic life propagation and maintenance of biological integrity,wildlife, secondary recreation, and agriculture.Sources.of water pollution that preclude any of these usages on either a short-term or long-term basis shall be considered to be violating a water quality standard; 3. 15A NCAC 02B.0211 (19)—Toluene: 11 ug/I (Class C) or 0.36 ug/l in trout classified waters; 4. 15A I�C.AC 026.0215 (1).--Removal of Best,Usage,.of WS-III Waters:a source of water" supply" . ,... for drinking, culinary,or food processing purposes; 5. 15A NCAC 02B.0215(2)—Removal of Conditions Related to Best Usage of WS-III Waters. 6. 15A NCAC 02B .0215 (3)(h)(ii)(c)—Benzene: 1.19 ug/I. Required Response You are required to continue implementation of the approved surface water monitoring plan,free product recovery and vapor hazard monitoring.According to 15A NCAC 02L.0404,you may have additional obligations regarding initial abatement that fall under the jurisdiction of the North Carolina Division of Waste Management's Underground Storage Tanks Section(UST). Please contact that agency for additional information regarding these regulatory requirements. You will be required to submit a report to DWR assessing the cause,significance, and extent of the release.The report should contain details of estimated product released, duration of the release, and estimated product recovered. It is our understanding that your underground storage tanks are equipped with a leak-detection system and that fuel levels in the UTS's are physically monitored and recorded on a frequent basis. Please include a detailed explanation as to why these systems --- J f Claudene Cody,Dirk Cody,David Cody and Dana Cody-Adams March 8,2017 Page 4 of 5 failed to alert you to the loss of containment and what actions you will take to prevent future releases.These reporting requirements may be combined with those required by the UST Section to avoid duplication. This Notice of Violation/Notice of Intent to Enforce'(NOV/NOI) is being issued for the above noted violations of North Carolina General Statutes§§143-215.83(a), 143-215.1(a)(6),and water quality standards set forth in 15A NCAC 02B.0211 and 15A NCAC 026.0215. These violations and any future violations are subject to civil penalties. Pursuant to North Carolina General Statute§ 143-215.88A(a),any person who intentionally or negligently discharges oil or other hazardous substances,or knowingly causes or permits the discharge of oil in violation of this Part may be assessed of a penalty of up to five thousand dollars($5,000)for every act or omission which causes, aids or abets a violation of the Oil Pollution and Hazardous Substances Control Act. Pursuant to North Carolina General Statute§ 143-215.6A a civil penalty of not more than twenty- five thousand dollars($25,000)per day for continuous violations may be assessed against a person who violates any water quality classification,standard, limitation,or management practice established pursuant to NCGS§§ 143-214.1, 143-214.2 or 143-215. For violators who have not been assessed a civil penalty in the preceding five years,the maximum penalty is ten thousand ($10,000)per day. N.C.G.S. §143-215.6A(b1).The ongoing discharge and intermixing of free product and dissolved phase petroleum constituents to surface waters,and the ongoing violations of water quality standards are continuous violations for which daily penalties may be assessed. Thank you for your attention to this matter.This office requires that the violations,as detailed above, be abated immediately and properly resolved.This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Resources regarding these issues and any future/continued violations that maybe encountered. If you wish to provide additional information regarding the noted violations or-discuss-overall compliance,please respond in writing within ten (10) days after receipt of this Notice.Your response will be considered in evaluating appropriate enforcement action. Should you have any questions regarding these matters, please contact me at(828) 296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc: ARO file ec: ARO UST Section—Jan Anderson ARO UST Section-Kristin Hicklin a Cody,Dirk Cody,David Cody and Dana Cody-Adams .n 8,2017 age 5 of 5 DWM UST Section—Michael Phelps ARO PWS Section-Randy Hintz ARO PWS Section—Don Price Graham County Department of Public Health—Alicia Parham Graham County Emergency Services—Larry Hembree Mountain Environmental Services,Inc.—Max Kimmel Martin and Slagle GeoEnvironmental Associates,LLC-Robert Martin ROY COOPER Governor MICHAEL S. REGAN Secretary S.JAY ZIMMERMAN Water Resources Director Environmental Quality March 8,2017 Cecil and Patricia Ramsey 132 Joyner Ave Asheville,NC 28806-4320 Subject: Stream Identification Request Dear Mr. and Mrs.Ramsey: This letter provides the findings of a site visit to Buncombe County Parcel Identification Number 9638- 80-1738 at 132 Joyner Avenue in Asheville,NC conducted on March 7,2017 to provide a stream determination. The stream feature is shown as a blue line on the Buncombe County GIS website(see attached map). The results of the stream determination are as follows: Features Score Comments Natural Valley 1.5 — Total 1.5 Ephemeral Determination: Stream Determination ` This on-site determination shall expire five(5)years from the date of this letter. Landowners or affected parties that dispute a determination made by the Division of Water Resources(DWR)may request a determination:by the Director. An appeal:request must be made within sixty(60)days of date of this letter. A request for a determination by the Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Karen Higgins;DWR—401 &Buffer Permitting Unit; 1617 Mail Service Center;Raleigh,NC 27699-1617. If sending via delivery service(UPS,FedEx,etc.):Karen Higgins;DWR—401 &Buffer Permitting Unit; 512 N. Salisbury Street;Raleigh,NC 27604. This determination is final and binding unless,as detailed above,an appeal is requested within sixty(60) days. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.highway 70,Swannanoa,North Carolina 28778 828-296-4500 Please contact me if I can be of any further assistance: 828-296-4650 or keviti.initchel.l@.n.cd.e.nr.gov. Sincerely, Kevin Mitchell—Environmental Specialist—Asheville Regional Office Water Quality Regional Operation Section NCDEQ—Division of Water Resources - Enclosures: Buncombe County GIS Map cc:rbrady@blackrocksurveying.com GAWR\WQ\BuncomWStream Calls\132 Joyner Ave\Stream Determination 132 Joyner Ave.docx PIN 963880173800000 a n7 •,0. [t*if 9 1:1,128 March 7, 2017 0 0.0075 0.015 0.03 mi 0 0.015 0.03 0.06 km ,\ �� �` �.�;i, _� RO C O.I E-k: l `lHA . RBCA . IM VAN, CERTIFIED MAIL: 7015 1520 0003 5463 2428 RETURN RECEIPT REQUESTED March 09, 2017 Jim Fatland, , E P City of Brevard 95 W Main St Brevard, NC 28712 SUBJECT: NOTICE OF VIOLATION &INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2017-DV-00491 NOV-2016-DV-0152 and NOV-2 015-DV-0259 Sanitary Sewer Overflows: November 2014 to August 2016 Collection System Permit No. WQCS00084 Brevard Collection System Transylvania County Dear Permittee: A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by _City-of Brevard:The Division's Asheville Regional Office cor3cludes that the City of Brevard violated_Permit Condition 1 (2) of Permit No. WQCS00084 by failing to effectively manage, maintain, and operate their collection system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the SSO constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-215.1. The Asheville Regional Office is providing the City of Brevard an opportunity to provide evidence and justification as to why the City of Brevard should not be assessed a civil penalty for the violation(s) that are summarized below: Total Vol Total: Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 201401763 11/7/2014 150 14"force main on Old Other, Pipe Failure 12,500 0 Notice of Violation Highway 64 near (Break) Highland Drive 201401816 11/23/2014 450 Neely Road Lift Station Inflow and Infiltration, 171,000 138,500 Notice of Violation Severe Natural Condition State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 Total Vol \ ' Total Surface Incident Start Duration Vol Water ' Number Date (Mins) Location Cause (Gals) (Gals) DWRAction\ 201500045 12/24/2014 135 Outside fence at the Inflow and Infiltration, 37,314 37,314 Notice of Violation Gallimore Road Lift Severe Natural Station Condition 201500046 12/24/2014 580 Inside fence at the Inflow and Infiltration, 170,400 170,400 Notice of Violation Neely Road Lift Station Severe Natural Condition 201500097 11/23/2014 285 Outside fence ath the Inflow and Infiltration, 78,774 78,774 Notice of Violation Gallimore Road Lift Severe Natural Station Condition 201500101 1/14/2015 300 Neely Road Pump Other, Pipe Failure 1,000 1,000 Notice of Violation Station (Break) 201500560 4/19/2015 142 Inside fence at the Inflow and Infiltration, 53,960 1 Notice of Violation Neely Road Lift Station Severe Natural Condition 201501062 8/21/2015 49 Force Main at Neely Other, Pipe Failure 18,620 100 Notice of Violation Road (Break) 201501080 8/19/2015 441 Inside fence at the Inflow and Infiltration, 167,580 127,580 Notice of Violation Neely Road Lift Station Other,Severe Natural Condition 201501081 8/19/2015 343 Outside fence at the Inflow and Infiltration, 94,805 94,8,05 Notice of Violation Gallimore Road Lift Severe Natural Station Condition 201501082 8/21/2015 291 Inside fence at the Other, Pipe Failure 110,580 80,580 Notice of Violation Neely..Road.Lift Station,.. (Break). 201501084 8/21/2015 49 Volume Discharge Other, Pipe Failure 18,620 8,620 Notice of Violation Wooksheet(see (Break) attachment) 201501103 8/5/2015 Old Hwy 64 Pipe Failure(Break) 1,000 0 Notice of Violation 201501191 8/4/2015 494 14"force main near Other, Pipe Failure 1,000 0 Notice of Violation 970 Old Highway 64 (Break) 201501194 9/28/2015 27 Inside fence at the Other, Pipe Failure 10,260 7,000 Notice of Violation Neely Road Lift Station (Break),Severe Natural Condition 201501406 10/3/2015 1,850 Inside fence.at the Inflow and Infiltration, 704,520 577,020 Notice of Violation Neely Road Lift Station Other,Severe Natural Condition 201501408 10/3/2015 1,180 Outside fence at the Inflow and Infiltration, 326,152 326,152 Notice of Violation Gallimore Road Lift Severe Natural Station Condition 1 �% Total Vol Total Surface Start Duration Vol Water ,r Date (Minn) Location Cause (Gals) (Gals) DWR Action .j1501818 11/18/2015 510 Inside fence at the Inflow and Infiltration, 193,800 104,800 Notice of Violation Neely Road Lift Station Other, Pipe Failure (Break),Severe Natural Condition 201501819 11/18/2015 255 Outside fence at the Inflow and Infiltration, 70,482 70,482 Notice of Violation Gallimore Road Lift Other, Pipe Failure Station (Break),Severe Natural Condition 201501996 12/24/2015 991 Gallimore Road Lift Inflow and Infiltration, 273,912 15,000 Notice of Violation Station Severe Natural Condition 201501998 12/24/2015 1,525 Neely Road Lift Station Inflow and Infiltration, 579,500 15,000 Notice of Violation Severe Natural Condition 201502001 12/25/2015 548 Neely Road Lift Station Inflow and Infiltration, 208,240 15,000 Notice of Violation Severe Natural Condition 201502004 12/25/2015 268 Neely Road Lift Station Inflow and Infiltration, 101,840 15,000 Notice of Violation Severe Natural Condition �201502075 12/29/2015 Neely Road Lift Station Inflow and Infiltration, 15,000 0 Notice of Violation Severe Natural Condition 201502082 12/28/2015 Gallimore Road Lift Inflow and Infiltration, 15,000 15,000 Notice of Violation Station Severe Natural Condition 201502084 12/29/2015 Neely Road Lift Station Inflow and Infiltration, 50 0 Notice of Violation Severe Natural Condition 201600066 12/1/2015 978 Inside fence at the Inflow and Infiltration, 371,640 219,640 Notice of Violation Neely Road Lift Station Other,Severe Natural Condition 201600068 12/2/2015 452 Outside fence at the Inflow and Infiltration, 124,933 124,933 Notice of Violation Gallimore Road Lift Other,Severe Natural - Station. Condition 201600071 12/28/2015 630 Inside fence at the Inflow and Infiltration, 239,400 154,800 Notice of Violation Neely Road Lift Station Severe Natural Condition 201600126 1/15/2016 109 Inside fence at the Inflow and Infiltration, 41,420 .15,000 Notice of Violation Neely Road Lift Station Other,Severe"Natural Condition Total Vol Total Surface Incident start Duration Vol Water Number ®ate (P4ins) Location Cause (Gals) (Gals) DWR Action , 201600205 2/3/2016 490 Outside fence at the Inflow and Infiltration, 135,436 1,000 Notice of Violation Gallimore Road Pump Other, Pipe Failure Station (Break),Severe Natural Condition 201600206 2/3/2016 Neely Road Pump Inflow and Infiltration, 2,000 2,000 Notice of Violation Station Severe Natural Condition 201600248 ,12/28/2015 359 Outside fence at the Inflow and Infiltration, 99,228 99,228 Notice of Violation Gallimore Road Lift Severe Natural Station Condition 201600306 2/6/2016 847 Old 64 Pipe Failure(Break) 1,000 1,000 Notice of Violation 201600361 12/29/2015 1,065 Inside fence at the Other, Pipe Failure 404,700 286,600 Notice of Violation Neely Road Lift Station (Break),Severe Natural Condition 201600473 2/18/2016 Force Main at 970 Old S00 0 Notice of Violation Route 64 201601192 7/1/2016 105 Inside fence at the Other, Pipe Failure 39,900 13,000 Notice of Violation Neely Road Lift Station (Break),Severe Natural Condition 201601525 8/8/2016 210 Inside fence at the Other, Pipe Failure 79,800 36,800 Notice of Violation Neely Road Lift Station (Break) y This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. 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. This office requests that you respond to this Notice, in writing, within 10 business days of its receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other actions taken to prevent the recurrence of similar-situations. The response to this correspondence will be considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance. If you have any questions, please do not hesitate to contact G. Landon Davidson with the Water Quality Section in the Asheville Regional Office at 828-296-4500 or via email at landon.davidson@ncdenr.gov. r � : `�� G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office ' Division of Water Resources, NCDEQ Cc: Asheville Regional Office-WQS File Central Files,Water Quality Section i I I CERTIFIED MAIL #: 7015 1520 0003 5463 2435 RETURN RECEIPT.REQUESTED March 09, 2017 Kenneth Steen, County Manager - Burke County General Services PO Box 219 Morganton, NC 28655 SUBJECT: NOTICE OF DEFICIENCY Tracking Number: NOD-2017-DV-0005 Sanitary Sewer Overflows —January 2017 Collection System Permit No. WQCS00324 Burke County Collection System Burke County Dear Permittee: The self-reported Sanitary._Sewer Overflow (SSO) 5-Day Report submitted by Burke County.General Services_ indicates violations of permit conditions stipulated in the subject per and North Carolina G.S. 143-215.1. Violations include failing to effectively manage, maintain, and operate the subject collection system so that there is no SSO to the land or surface waters and making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required. Specific incident(s) cited in the subject report include the following: Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mina) Location Cause (Gals) (Gals) DWR Action 201700117 1/23/2017 15 Indian Hills PS Severe Natural Condition 225 50 Notice of Deficiency Remedial actions, if not already implemented, should be taken to correct the above noncompliance. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you.have any y questions, please do not hesitate to contact Linda Wiggs with the Water Quality Section ih� Asheville Regional Office at 828-296-4500 or via email at linda.wiggs@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: Chris Hollffield, (e-copy) Asheville Regional Office -WQS File Central Files, Water Quality Section G:\WR\WQ\Burke\Collection Systems\Burke County Collection System WQCS00324\NOD-2017-DV-0005.Correction SSO 1-23-2017.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 ROY COOPER Governor §. . MICHAEL S. REGAN Secretary S:JAY ZIMMERMAN Water Resources Director Environmental Quality March 9, 2017 Greg Fox 68 Rock Springs Road Fairview,NC 28730 SUBJECT: Notice of Violation Closure NOV-2017-2C=0002 520 Haywood Road PIN#963844364100000 Buncombe County Dear Mr. Fox: The Water Quality Regional Operations Section(WQROS) of the Division of Water Resources (DWR)received well abandonment records on March 8, 2017,for the temporary monitoring wells associated with the subject Notice of Violation(NOV). The abandonment of the wells addresses the corrective action required in the NOV. The DWR is closing the subject NOV. lYour attention and cooperation is greatly appreciated. Should you have any questions regarding this matter,please contact me at(828)296-4500. Sincerely, Andrew Moore Environmental Specialist Water Quality Regional Operations Asheville Regional Office cc: Jim Bevers—ECS Southeast,LLP (via email) ARO File Copy State of North Carolina Environmental Quality I water Resources 2090 U.S.I4ighway 70,Swannanoa,North Carolina 28778 828-296-4500 \\ �� \\ /__., _/� �i ROY COOPER Governor MICHAEL S.REGAN Secretary Water Resources S. JAY ZIMMERMAN Director Environmental Quality March 9,2017 Daniel Summers (NCWC#2579) Carolina Soil Investigations,LLC 132 Gurney Road Olin,NC 28660 SUBJECT: Notice of Violation Closure NOV-2017-2C-0002 520 Haywood Road PIN# 963844364100000 Buncombe County Dear Mr. Summers: The Water Quality Regional Operations Section(WQROS) of the Division of Water Resources (DWR)received correspondence from you, dated March 2, 2017, in response to the subject Notice of Violation(NOV). Well abandonment records for the temporary wells associated with the subject NOV were received March 8,2017. The written response and the abandonment of the wells adequately addresses the corrective action required in the NOV. The DWR is closing the subject NOV. Your attention and cooperation is greatly appreciated. Should you have any questions regarding Tease contact me at 828 296-4500.. this rnatter,P. - ( ) Sincerely, Andrew Moore Environmental Specialist Water Quality Regional Operations Asheville Regional Office cc: North Carolina Well Contractors Certification Commission Keith Speece—Carolina Soil Investigations, LLC (via email) ARO File Copy tl 1 � State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70,Swannanoa,North,Carolina 28778 828-296-4500 �'� ��<i ------- ROY COOPER Governor MICHAEL S.REGAN Secretary -- -- -ZIMMERMAN AO ___ -— --- _ - --- - Director -Wader R.esflurces Environmental Quality March 10, 2017 DWR# 17-0250 Rutherford County Bruce and Cynthia Doolittle 100 Merritt View Terrace Greenville, SC 29609 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Doolittle 139 Picnic Point-Lake Lure Dear Mr. and Ms.Doolittle: You have our approval for the impacts listed below for the purpose described in your application dated February 21,2017, and received by the Division of Water Resources(Division) on March 2,2017. These impacts are,covered by the attached Water Quality General Certification Number 3898 and the additional conditions listed below. This certification is associated with the use of J General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain any other federal, state or local permits before proceeding with your project, including those required by(but not limited to) Sediment and Erosion Control,Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed.certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit,and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or(e)] Type of Impact Amount Approved Permanent Above Pool Below Pool Open Waters 0.0045 (acres) 0.0027 (acres) 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project,you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and State of North Carolina Environmental Quality I Water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 828-296--4500 Doolittle 1391-)-, ---- -------- DWR#- 401 App.� Page 2 o __ General Certifications)/Permit/Authorization and is responsible for_complying with all \ --- — _ condition s.-[15A-NCAC 02H .0507(d)(2)]----- --- { 3. No Impacts Beyond those in Application No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, includingthe design, gn, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. The turbidity standard of 10 NTUs e helom etric Turbidity urbidi Units shall p ty 11 not be exceeded as described in [15A NCAC 02B .0211 (21)]. Appropriate sediment and erosion control practices must be used to meet this standard. Lake Lure is classified as B; Trout waters. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] a This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000 for information. A petition is considered filed when the a original and one (1) copy along with any applicable OAH filing fee is received in the OAH �- during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919)431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,NC 27699-1601 Doolittle 139 Picnic Point DWR# 17-0250 — ---- 401 Approval Page 3 of 3 This_letter completes the review by the Division.under section 401 of the Clean .W_ater Act as--- __ _ -described-in 15A NCAC-02H .0500 Please contact Kevin 1Vl tchell at 828=296=4650 or ---- - kevin mitchell@ncdenr.gov if you have any questions or concerns. Sincerely, an Price,P.E.,Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3898 Certificate of Completion cc: David Brown—USACE Asheville Regulatory Field Office (via email) Andrea Leslie—NCWRC (via email) Clint Calhoun—Town of Lake Lure (via email) Stan Aiken—DEMLR(via email) Adam Duncan—Landowner Agent(via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit(via email) GAWR\WQ\Rutherford\40ls\Non-DOT\Doolittle 139 Picnic Point\APRVL.Doolittle 139 Picnic Point 3.10.2017.docx WFS ' MW s 0 WM� ': Certified Mail # 7015 1520 0003 5463 3005 Return Receipt Requested March 10, 2017 T Stephen Sheets Linville Ridge Country Club PO Box 704 Linville, NC 28646-0704 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2017-LV-0158 Permit No. NCO062413 Linville Ridge Country Club WWTP Avery County Dear Permittee: A rev iew of the September 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violations Limit Reported Sample Date Value . Value Type of Violation Location Parameter 001 Effluent Coliform, Fecal MF, MFC Broth, 9/7/2016 400 4,300 Daily Maximum Exceeded 44.5 C (31616) Remedial acti ons if not already implemented, should be taken to correct any noted problems. The Division of , Water Resources may pursue enforcement actions for this and any additional violations. State of North Carolina I Environmental Quality I water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you have an , y y questions concerning this matter, please contact Janet Cantwell of the Asheville Regiona[Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Reg on'aL.Supervisor Water Quality Regional Operations Section Asheville Regional office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File WQ Lab &Operations/ ORC \WR\WQ\Avery\VJasteivateriMinors\Linville Ridge County Club 62413\N0V-2017-LV-0150.rtf IEMAN a � rr " Certified Mail # 7015 1520 0003 5463 2992 Return Receipt Requested March 10, 2017 Hurston A Nicholas, Forest Supervisor USDA U S Forest Service 160 Zillicoa St, Suite A Asheville, NC 28801 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LM-0019 Permit No. NCO020478 Lake Powhatan Recreation Area WWTP Buncombe County ar Permittee: A review of the September 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): - Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Solids, Total Suspended - 9/28/2016 45 50 Daily Maximum Exceeded Concentration (C0530) Monitoring Violations . Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent BOD, 5-Day(20 Deg. C) - 9/3/2016 Weekly Frequency Violation Concentration (C0310) 001 Effluent Chlorine,Total Residual (50060) 9/3/2016 2 X week Frequency Violation 001 Effluent Coliform, Fecal MF, MFC Broth, 9/3/2016 Weekly Frequency Violation 44.5 C(31616) �001 Effluent Flow, in conduit or thru treatment 9/3/2016 Weekly Frequency Violation plant(50050) 001 Effluent pH (00400) 9/3/2016 Weekly Frequency Violation State of North Carolina Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 Monitoring Violation(s): Sample \ Monitoring Location Parameter Date Frequency 'Type of Violation 001 Effluent Solids,Total Suspended - 9/3/2016 Weekly Frequency Violation \ Concentration (C0530) 001 Effluent Temperature, Water Deg. 9/3/2016 Weekly Frequency Violation Centigrade (00010) 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 NPDES 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 information. provided on the submitted Discharge Monitoring Report(s). 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. Reminder: Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5.days:if_directed by Division staff. Prior notice should be given for anticipated or potential'problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, p G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File James &James Environmental/ ORC y\ G:\WR\LVQ\Buncombe\Wasteviater\Minors\Lake Powhattan 20478\N0V-N01-2017-LM-0019.rti o . A tam Certified Mail # 7015 1520 0003 5463 2985 Return Receipt Requested March 10, 2017 Donald R Cooper Cooper Riis Inc PO Box 416 Mill Spring, NC 28756 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-MV-0030 Permit No. NCO087122 Cooper Riis Healing Farm WWTP Polk County Ar Permittee: A review of the September 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Monitoring Violationtsj: Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Nitrogen, Ammonia Total (as N) - 9/3/2016 Weekly Frequency Violation - Concentration (C0610) 001 Effluent Coliform, Fecal MF, MFC Broth, 9/10/2016 Weekly Frequency Violation 44.5 C(31616) 001 Effluent Coliform, Fecal MF, MFC Broth, 9/17/2016 Weekly Frequency Violation 44.5 C(31616) 001 Effluent Coliform, Fecal MF, MFC Broth, 9/24/2016 Weekly Frequency Violation 44.5 C(31616) 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 NPDES 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 ~`ct in accordance with the terms, conditions, or requirements of. permit issued pursuant to G.S. 143'-215.1. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you wish to provide additional information regarding the noted violation, request technical assistance,c. discuss overall compliance please respond in writing within ten (IDI business days after receipt of this Notice: A review of your response will be considered along with any information provided on.the submitted Discharge Monitoring Report(s). 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. Reminder: Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G'.' Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office - Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File James &James Environmental/ ORC G:\WR\WQ\Folk\Wastewater\Minors\CooperRiis Healing Farm 87122\N0V-N01-2017-MV-0030.rtf ..-_..-..-. ... A 0A Certified Mail # 7015 1520 0003 5463 3029 Return Receipt Requested March 14, 2017 John Boone, Mayor Town of Elk Park PO Box 248 Elk Park, NC 28622 .SUBJECT: NOTICE OF DEFICIENCY Tracking Number: NOD-2017-MV-0019 Permit No. NCO079561 Elk Park WWTP Avery County ,ir Permittee: A review of the September 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the deficiency(s) indicated below: Monitoring Deficienods): Sample Monitoring Location Parameter Date Frequency Type of Deficiency 001 Effluent Flow, in conduit or thru treatment 9/5/2016 Continuous Frequency Violation plant(50050) Please be aware that non-compliance with your permit could result in enforcement action by the Division of Water Resources for these and any additional violations of State law. The Asheville Regional Office encourages you to take all necessary actions to bring your facility into compliance. * When a permit requires "continuous flow monitoring,"then the permittee is required to report the measured flow from the recording device even if staff did not visit the plant. (Using the drop down box for "Holiday"for continuous flow will prevent the entry of the flow for that day,) When reporting flow on a holiday, but not reporting other parameters, enter an "H"on the applicable day for those parameters that were not monitored because it was a holiday, (See Q21 in the"FAQ Guide for EDMR.'� State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you should need any assistance or would.like to discuss this non-compliance situation, please contact",, Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Tyler Shane Boone/ ORC G:\WR\WQ\Avery\Wastewater\Municipal\Elk Park 79561\NOD-2017-MV-0019.rtf Certified Mail # 7015 1520 0003 5463 3012 Return Receipt Requested March 14,2017 Ted Nye GGCC Utility Inc PO Box 368 Linville, NC 28646-0368 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-MV-0031 Permit No. NCO023124 GGCC Utility WV TP Avery County jr Permittee: A review of the September 2016 Discharge Monitoring Report(DMR) for the subject facility revealed the violation(s) indicated below: Monitoring Violation(s): Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Flow, in conduit or thru treatment 9/5/2016 Continuous Frequency Violation plant(50050) 001 Effluent Nitrogen,Total - Concentration 9/30/2016 Quarterly Frequency Violation (C0600) DO1 Effluent Phosphorus,Total (as P) - 9/30/2016 Quarterly Frequency Violation Concentration (C0665) 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 NPDES 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. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 * If a permit requires "continuous flow monitoring,-then the perm/ttee is required to report the measures. the recording device even if staff did not visit the p/ant, (Using the drop down box for 'ho/iday"for,continua flow will prevent the entry of the flow for that day.) When reporting flow on a holiday, but not reporting other parameters, enter an 'H"on the applicable day for those parameters that were not monitored because it was a 17o/iday, (See Q21 of the"FAQ Guide for EDMR.') 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 information provided on the submitted Discharge Monitoring Report(s). 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. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson P.R Regional g Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit -Enforcement File WQ Lab &Operations/ ORC i:\WR\WQ\Avery\Waste+vater\Minors\GGCC Utility 23124?N0V-N0I-2017-MV-0031.1tf P ' l t 11 e r . l l N Certified Mail # 7015 1520 0003 5463 3043 Return Receipt Requested March 14, 2017 Belvin Hall, Maintenance Supervisor Buncombe County Schools 175 Bingham Rd Asheville, NC 28806 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2017-LV-0161 Permit No. NCO073814 North Buncombe Elementary School WWTP Buncombe County Dear Permittee: A review of the September 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 9/20/2016 45 66.6 Daily Maximum Exceeded Concentration (C0310) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. State of North Carolina Environmental Quality 1 Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you have any questions concerning this matter, please contact Janet Cantwell of the As Regioria, Office at 828-296-4500. Sincere) s. G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File RPB Systems/ ORC i :\WR\WQ\Buncombe\Wasteavater\Minors\North Bunc Elem Sch 73814\NOV-2017-LV-0161.rtf 11- O .; ... r,A M fE � du � Certified Mail # 7015 1520 0003 5463 3050 Return Receipt Requested March 14, 2017 Kimberly A Oddo, President Toxaway Falls POA Inc PO Box 270 Lake Toxaway, NC 28747 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LM-0020 Permit No. NCO052043 Toxaway Falls WVVTP Transylvania County ,ar Permittee: A review of the September 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance VioiatJoilb)- Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Chlorine,Total Residual 9/2/2016 28 50 Daily Maximum Exceeded (50060) 001 Effluent Chlorine,Total Residual 9/6/2016 28 50 Daily Maximum Exceeded (50060) 001 Effluent Chlorine,Total Residual 9/9/2016 28 50 Daily Maximum Exceeded (50060) 001 Effluent Chlorine,Total Residual 9/12/2016 28 50 Daily Maximum Exceeded (50060) 001 Effluent Chlorine,Total Residual 9/16/2016 28 50 Daily Maximum Exceeded (50060) 001 Effluent Chlorine,Total Residual 9/19/2016 28 50 Daily Maximum Exceeded (50060) 001 Effluent Chlorine,Total Residual 9/22/2016 28 50 Daily Maximum Exceeded (50060) State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 Limit Exceedance Violation(s)• Sample Limit Reported \ Location Parameter Date Value Value Type of Violation � 001 Effluent Chlorine, Total Residual 9/26/2016 28 50 Daily Maximum Exceeded (50060) 001 Effluent BOD, 5-Day(20 Deg. C) - 9/30/2016 45 50 Daily Maximum Exceeded Concentration (C0310) Monitoring Violation(s)• Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Flow, in conduit or thru treatment 9/5/2016 Continuous Frequency Violation plant(50050) Reyortiln Vlolation(s): Sample Location Parameter Date Type of Violation 9/30/2016 Signature Missing When a permit requires "continuous flow monitoring,"then the permittee is required to report the measured flow from the recording device even If staff did not visit the plant (Using the drop down box for 'Holiday"for continuous flow will prevent the entry of the flow for that day.) ._i. When reporting flow on a holiday, but not reporting other parameters, enter an 'H"on the applicable day for those Parameters that were not monitored because it was a holiday. (See Q21 in the"FAQ Guide for EDMR.') 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 NPDES 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 information provided on the submitted Discharge Monitoring Report(s). 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. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. ,4e any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDEQ Cc: WQS Asheville Regional Office Enforcement File NPDES Compliance/Enforcement Unit- Enforcement File William Wesley Royal/ ORC G\WR\WQ\Transylvania\Wastewate0\Minors\Toxaway Falls 52043\NOV-N01-2017-1M-0020.rtf __ ,- '��i ���, __ �O COt�PR.: 111 ... - REO Certified Mail # 7015 1520 0003 5463 3036 Return Receipt Requested March 14, 2017 Edward T Vance Town of Crossnore PO Box 129 Crossnore, NC 28616-0129 SUBJECT: NOTICE OF DEFICIENCY Tracking Number: NOD-2017-MV-0020 Permit No. NCO026654 Crossnore WWTP Avery County jr Permittee: A review of the September 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the deficiency(s) indicated below: Monitoring Deficiencv(s): Sample Monitoring Location Parameter Date Frequency Type of Deficiency 001 Effluent Flow, in conduit or thru treatment 9/5/2016 Continuous Frequency Violation . plant(50050) Please be aware that non-compliance with your permit could result in enforcement action by the Division of Water Resources for these and any additional violations of State law. The Asheville Regional Office encourages you to take all necessary actions to bring your facility into compliance. * When a permit requires "continuous flow monitoring,"then the permittee is required to report the measured flow from the recording device even if staff did not visit the plant (Using the drop down box for "Holiday"for continuous flow will prevent the entry of the flow for that day,) When reporting flow on a holiday, but not reporting other parameters, enter an `H on the applicable day for those parameters that were not monitored because it was a holiday, (See Q21 in the FAQ Guide for EDMR.'� State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you should need any assistance or would like to discuss this non-compliance situation, please contact Ja" Cantwell of the Asheville Regional Office at 828-296-4500. \ Sincerely, `\ G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File WQ Lab & Operations/ ORC 3:\WR\WQ\Avery\Wastewater\Municipal,Crossnore 26654\NOD-2017-MV-0020.rtf Certified Mail # 7015 1520 0003 5463 3067 Return Recent Requested March 15, 2017 Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0166 Permit No. NCO089095 High Vista Falls WWTP Henderson County r Permittee: A review of the July 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD, 5-Day(20 Deg. C) - 7/7/2016 15 16 Daily Maximum Exceeded Concentration (C0310) 001 Effluent Coliform, Fecal MF, MFC Broth, 7/21/2016 25 230 Daily Maximum Exceeded 44.5 C(31616) 001 Effluent BOD, 5-Day(20 Deg. C) - 7/28/2016 15 17 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day(20 Deg. C) - 7/31/2016 10 12.4 Monthly Average Exceeded Concentration (C0310) 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 NPDES 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 ct in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you wish to provide additional information regarding the noted violation, request technical assistance,'c discuss overall compliance please respond in writing within ten (10) business days after receipt of this NotibL., A review of your response will be considered along with any information provided on the submitted Discharge'\ Monitoring Report(s). 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. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervi Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File C:\WR\WQ\Henderson\Wasteivater\Minors\High Vista Falls 89095\N0V-N0I-2017-LV-0166.rtl` Ploy COMM WCHUL : " .JAY ZDAMMAN Water Resources rSlivironruental Quality March 13, 2017 CERTIFIED MAIL RETURN RECEIPT REQUESTED 70151520 0003 5463 2466 Glenn and Hazel Short 2506 Peeler Rd Vale,NC 28168 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Edgewater-Main Channel Point,Lot 36 NOV-2017-BV-0004 - Catawba River Buffer Violations Caldwell County Response deadline: April 13,2017 Dear Mr. and Mrs. Short: On March 8, 2017,Kevin Mitchell and Amy Annino from the Asheville Regional Office of the Division of Water Resources (DWR) conducted a site inspection at your property on Main Channel Point(2754993471) in Caldwell County responding to a complaint alleging unauthorized clearing within the riparian buffer on the Catawba River(Lake Rhodhiss). DWR staff observed and noted impacts to the riparian buffer on the Catawba River(Lake Rhodhiss)which is subject to the Catawba River Buffer Rules. Impacts to the buffer include construction of a gravel road and removal of vegetation within the 50 foot buffer of the Catawba River. These unauthorized activities are in violation of the Catawba Buffer Rules. As a result of the site inspection and file review,the following violations were identified: VIOLATIONS I. Catawba Buffer Violation 15A NCAC 02B .0243 (4)—Unauthorized construction and clearing within the Catawba buffer are violations of the Catawba Buffer Rules which states that: Zones 1 and 2 of the riparian buffer remain in vegetation that is undisturbed except for those uses provided for in Item(6) of this rule. State of North Carolina I Environmental Quality I Water Resources Asheville Regional Operations Center 2090 US 70 Highway,Swannanoa,North Carolina 28778 828/296-4500 Edgewater—Main Channel Point,Lot 36 NOV-2017-BV-0004 `\ , Page 2 of 3 REQUIRED RESPONSE The DWR requests that you respond by the response deadline. Your response should be sent to the attention of Kevin Mitchell, Division of Water Resources, 2090 US HWY 70, Swannanoa, NC 28778 and should address the following items: 1. Catawba Buffer Violation. a. Please explain why the activity occurred without prior authorization. Two (2) options exist to resolve the violations related to the bluffer impact: 1. Apply to the North Carolina Department of Environmental Quality Division of Water Resources for and receive a Buffer Authorization for the buffer impacts that have occurred. The application process as described does not guarantee the impacts will be approved. 2. Restore the buffer to pre-existing conditions which includes the restoration of the riparian buffer. If pursuing Option 1: Provide a proposed schedule of when you expect to have the required Buffer Authorization Application submitted to DWR. If pursuing Option 2: Riparian Zone planting—Please submit a Restoration Plan to this office for review and approval. This plan must be developed to ensure that disturbed vegetation be replanted in an"in kind"manner. (Example: Disturbed areas with pre-existing grassed lawns must be replanted with grass. Disturbed areas with pre-existing trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre-existing forest vegetation must be replanted with forest vegetation including at least two different native hardwood tree species at a density sufficient to provide 260 trees per acre at maturity. This density can usually be achieved by planting approximately 436 (10 x 10 spacing)to 681 (8 x 8 spacing)trees per acre.) Restoration of trees/shrubs/forest must be completed by the first subsequent planting season(November 1 through March 30). Note, if the tree plantings do not survive, they will need to be replaced such that the density is sufficient to provide 260 trees per acre at maturity. This plan must include the types of native woody vegetation _ selected, methodology of planting, and a site map indicating the location of the acer—Main Channel Point,Lot 36 ✓-20.17-BV-0004 age 3 of 3 replanting efforts. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Resources regarding these issues and any future/continued violations that maybe encountered. Your above- mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above,be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters,please contact Kevin Mitchell at(828)296-4650 or kevin mitchell ncdenr.gov. Sincerely, Ian Price, P.E.,Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: Catawba Buffer Fact Sheet cc: Wade Harmon-Duke Energy Beth Bramhall-Edgewater HOA(email copy) Granite Falls Planning Department Karen Higgins - 401 &Buffer Permitting Unit ARO File Copy G:\WR\WQ\Caldwell\Buffers\Edgewater Development\Short,Lot 36\NOV-2017-BV-0004-Short.03.13.17.docx __ _ __ _. j -_� _ � __ ROY COOP MMAELS.REOAN _JAY ZDAdERMAN Water Resources ' Environmental Qllal.ity, March 13, 2017 CERTIFIED MAIL RETURN RECEIPT REQUESTED 70151520 0003 5463 2442 Joanne Mackey 126 Naperville Dr Cary,NC 27519 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Edgewater— 1514 Reflections Edge NOV-2017-BV-0005 Catawba River Buffer Violations Caldwell County Response deadline: April 13,2017 Dear Ms. Mackey: On March 8, 2017, Kevin Mitchell and Amy Annino from the Asheville Regional Office of the Division of Water Resources (DWR) conducted a site inspection at your property on 1514 Reflections Edge(2754794229) in Caldwell County responding to a complaint alleging unauthorized clearing within the riparian buffer on the Catawba River(Lake Rhodhiss). DWR staff observed and noted impacts to the riparian buffer on the Catawba River(Lake Rhodhiss)which is subject to the Catawba River Buffer Rules. Impacts to the buffer include construction of a gravel road and removal of vegetation within the 50 foot buffer of the Catawba River. These unauthorized activities are in violation of the Catawba Buffer Rules. As a result of the site inspection and file review,the following violations were identified: VIOLATIONS I. Catawba Buffer Violation 15A NCAC 02B .,0243 (4)—Unauthorized construction and clearing within the Catawba buffer are violations of the Catawba Buffer Rules which states that: Zones 1 and 2 of the riparian buffer remain in vegetation that is undisturbed except for those uses provided for in Item(6) of this rule. State of North Carolina I Environmental Quality I Water Resources Asheville Regional Operations Center 2090 US 70 Highway,Swannanoa,North Carolina 28778 828/296-4500 Edgewater- 1514 Reflection Edge NOV-2017-B V-0005 Page 2 of 4 REQUIRED RESPONSE The DWR requests that you respond by the response deadline. Your response should be sent to the attention of Kevin Mitchell,Division of Water Resources, 2090 US HWY 70, Swannanoa, NC 28778 and should address the following items: 1. Catawba Buffer Violation. a. Please explain why the activity occurred without prior authorization. Two (2) options exist to resolve the violations related to the buffer impact: 1. Apply to the North Carolina Department of Environmental Quality Division of Water Resources for and receive a Buffer Authorization for the buffer impacts that have occurred. The application process as described does not guarantee the impacts will be approved. 2. Restore the buffer to pre-existing conditions which includes the restoration of the riparian buffer. If pursuing Option 1: Provide a proposed schedule of when you expect to have the required Buffer Authorization Application submitted to DWR. If pursuing Option 2: Riparian Zone planting Please submit a Restoration Plan to this office for review and approval. This plan must be developed to ensure that disturbed vegetation be replanted in an"in kind"manner. (Example: Disturbed areas with pre-existing grassed lawns must be replanted with grass. Disturbed areas with pre-existing trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre-existing forest vegetation must be replanted with forest vegetation including at least two different native hardwood tree species at a density sufficient to provide 260 trees per acre at maturity. This density can usually be achieved by planting approximately 436 (10 x 10 spacing)to 681 (8 x 8 spacing)trees per acre.) Restoration of trees/shrubs/forest must be completed by the first subsequent planting season(November 1 through March 30). Note, if the tree plantings do not survive, they will need to be replaced such that the density is sufficient to provide 260 trees per acre at maturity. This plan must include the types of native woody vegetation selected methodolog y of planting, and a site map indicating the location of the er- 1514 Reflection Edge -2017-BV-0005 age 3 of 3 replanting efforts. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Resources regarding these issues and any future/continued violations that may be encountered. Your above- mentioned response to this correspondence will be considered in this process. This office requires that the violations,as detailed above,be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters,please contact Kevin Mitchell at(828)296-4650 or kevin mitchell&ncdenr. ov. Sincerely, Price,P.E.,Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: Catawba Buffer Fact Sheet cc: Wade Harmon—Duke Energy Beth Bramhall-Edgewater HOA(email copy) Granite Falls Planning Department Karen Higgins - 401 &Buffer Permitting Unit ARO File Copy G:\WR\WQ\Caldwell\Buffers\Edgewater Development\Mackey,Lot 13\NOV-2017-BV-0005- Mackey.03.13.17.docx ROY COOPER Governor n MICHAEL S.REGAN Secretary S.JAY ZIMMERMAN Water Resources Director Environmental Quality March 14,2017 DWR# 16-0587 Buncombe County Billy Graham Training Center Attn: Douglas Van Wirt 1 Porter's Cove Road Asheville,NC 28805 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS The Cove December 2015 Flood Repairs Dear Mr. Van Wirt: You have our approval for the impacts listed below for the purpose described in your application dated May 22, 2016, and received by the Division of Water Resources (Division) on June 9, 2016,with additional information received on February 7,2017, and March 10, 2017 These impacts are covered by the attached Water Quality General Certification Numbers 3883 and 3885 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Numbers 3 and 13 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before. proceeding'with your project, including those required by(but not limited to) Sediment and Erosion Control,Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or(c)] Type of Impact Amount Approved Amount Approved (units) (units) . Permanent Temporary Stream Impact Impact S 1 90 (linear feet) Impact S2 25 (linear feet) Impact S3 150 (linear feet) Impact S4 20 (linear feet) p Impact S5 30 (linear feet) State of North Carolina!Environmental Quality I Water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 828-296-4500 The Cove December 2015 Flood, DWR## 16-0� 401 Approval,, Page 2 of 4 \ 2. This approval is for the purpose and design described in your application and additional information provided. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project,you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certification(s) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. The proposed project shall follow the recommendations stated in the North Carolina Wildlife Resources Commission(NCWRC) comment letter dated June 17, 2016 (attached)to the maximum extent practicable. [15A NCAC 02H .0506 2 4. The designer or his designee shall supervise the installation of in-stream structures. [15A NCAC 02H .0506(b)(2)} 5. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H.0506 (b)(3) and(c)(3) and 15A NCAC 02B .0211(12)] 6. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a �J hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Resources, between the hours of 8 am to 5 pm of the Asheville Regional Office at 828.296.4500 and after hours and on weekends call (800) 858-0368. Managernent of such spills shall comply with provisions of the North Carolina Oil' Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0211(12), and GS 143 Article 21A] 7. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small animals. [15A NCAC 02H.0506(b)(2)] 8. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly after storm events) and vegetation is successful. Any failures of structures, stream banks,or vegetation may require future repairs or replacement, which requires coordination with the Asheville Regional Office to ensure the stability and water quality of the stream and downstream waters. [15A NCAC 02H .0506(b)(2) and (b)(3)] 9. All temporary impacted areas shall be restored to pre-construction natural conditions upon completion of the project. Native vegetation shall be used for stream bank stabilization. [15A NCAC 02H .0506 (b)(2) and(c)(2)] ..._ .... .... .... The Cove December 2015 Flood Repairs -DWR# 16-0587 401 Approval Page 3 of 4 10. The permitee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and(c)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. A petition form may be obtained from the OAH at http•//www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000 for information. A'petition is considered filed when the original and one(1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919) 431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five(5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, Fed&, -etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,NC 27699-1601 The Cove December 2015 Flood DWR# 16=�. 401 Approva. Page 4 of 4 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Zan Price at 828-296-4662 or zan. riceancdenr.goy if you have any questions or concerns: Sincerely, rice, P.E., Assistant Regional Supervisor ater Quality Regional Operations Asheville Regional Office Enclosures: GC 3883 and 3885 Certificate of Completion NCWRC letter dated June 17, 2016 cc: Marty Kocot—LandWorks Engineering, PLLC (via email) William Elliott—USACE Asheville Regulatory Field Office (via email) Andrea Leslie—NCWRC (via email) DWR ARO 401 files D WR 401 and Buffer Permitting Unit (via email) G:\WR\4V(\Buneombe\401s\Non-DOT\Tbe,CpYe December Flood Repairs\APRVL.401 The Cove December Flood Repairs 03.14.201Tdocx` _,-s.. ROY COOPER WMAEL S.REGAN S.JAY ZMAERMAN Water Resources Environmental Quality March 14, 2017 CERTIFIED MAIL RETURN RECEIPT REQUESTED 70151520 0003 5463 2459 Brion and Kathleen Bromead 213 Ivey Gate Lane Garner,NC 27529 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Edgewater Waters Edge,Lot 74 NOV-2017-BV-0003 Catawba River Buffer Violation Caldwell County Response deadline: April 14,2017 Dear Mr. and Mrs. Bromead: On March 8, 2017,Kevin Mitchell and Amy Annino from the Asheville Regional Office of the Division of Water Resources (DWR)conducted a site inspection at your property on Waters Edge,Lot 74 (PIN Number 2765107968) in Caldwell County responding to a complaint alleging unauthorized clearing within the riparian buffer on the Catawba River (Lake Rhodhiss). DWR staff observed and noted impacts to the riparian buffer on the Catawba River(Lake Rhodhiss)which is subject to the Catawba River Buffer Rules. Impacts to the buffer include removal of vegetation within the 50-f6ot buffer of the Catawba River. These unauthorized activities are in violation of the Catawba Buffer Rules. As a result of the site inspection and file review,the following violations were identified: VIOLATIONS I. Catawba Buffer Violation 15A NCAC 02B .0243 (4)—Unauthorized clearing within the Catawba buffer are violations of the Catawba Buffer Rules which states that: Zones 1 and 2 of the riparian buffer remain in vegetation that is undisturbed except for those uses provided for in Item(6) of this rule. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 828.296-4500 Edgewater—Waters Edge"-.,,,, NOV-2017-BV-OG Page 2 6of REQUIRED RESPONSE The DWR requests that you respond by the response deadline. Your response should be sent to the attention of Kevin Mitchell,Division of Water Resources,2090 US HWY 70, Swannanoa, NC 28778 and should address the following items: 1. Catawba Buffer Violation. a. ' Please explain why the activity occurred without prior authorization. Two (2) options exist to resolve the violations related to the buffer impact: 1. Apply to the North Carolina Department of Environmental Quality Division of Water Resources for and receive a Buffer Authorization for the buffer impacts that have occurred if these activities are allowable in the Table of Uses (Catawba Buffer Rules). The application process as described does not guarantee the impacts will be approved. 2. Restore the buffer to pre-existing conditions which includes the restoration of the riparian buffer. If pursuing Option 1: Provide a proposed schedule of when you expect to have the required Buffer Authorization Application submitted to DWR. If pursuing Option 2: Riparian Zone planting Please submit a Restoration Plan to this office for review and approval. This plan must be developed to ensure that disturbed vegetation be replanted in an"in kind"manner. (Example: Disturbed areas with pre-existing grassed lawns must be replanted with grass. Disturbed areas with pre-existing trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre-existing forest vegetation must be replanted with forest vegetation including at least two different native hardwood tree species at a density sufficient to provide 260 trees per acre at maturity. This density can usually be achieved by planting approximately 43 6 (10 x 10 spacing)to 681 (8 x 8 spacing)trees per acre.) Restoration of trees/shrubs/forest must be completed by the first subsequent planting season(November 1 through March 30). Note, if the tree plantings do not survive, they will need to be replaced such that the density is sufficient to provide 260 trees per acre at maturity. This plan must include the types of native woody vegetation Edgewater-Waters Edge Lot 74 NOV-2017-BV-0003 Page 3 of 3 selected,methodology of planting, and a site map indicating the location of the replanting efforts. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Resources regarding these issues and any future/continued violations that may be encountered. Your above- mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above,be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Kevin Mitchell at(828) 296-4650 or kevin mitchellOa nedenr.gov. Sincerely, v� 3 Zan Price,P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: Catawba Buffer Fact Sheet cc: Wade Harmon—Duke Energy(email copy) Beth Bramhall—Edgewater Rhodhiss HOA(email copy) Granite Falls Planning Department Karen Higgins - 401 &Buffer Permtting Unit' ARO File Copy G:\WR\WQ\Caldwell\Buffers\Edgewater Development\Bromead,Lot 74\NOV-2017-BV-0003- Bromead.03.13.17.docx ROY COOPER Covemor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director water kesaurce ENVIRONMENTAL 06ALITY March 14, 2017 CERTIFIED MAIL RETURN RECEIPT REQUESTED 70151520 0003 5463 2480 Mr. Paul Draovitch Senior Vice President Environment, Health, and Safety Duke Energy 526 South Church Street Mail Code EC3XP Charlotte, NC 28202 SUBJECT: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE Tracking Number: NOV-2017-DV-0029 Rogers Energy Complex NPDES Permit NC0005088 Incident No.: 201700031 Rutherford County, N.C. gear Permittee: On January 3, 2017, Duke Energy (Duke) reported the discharge of an estimated 1,0001 gallons of wastewater to Suck Creek, a Class WS-IV stream. The wastewater was sourced from an active and open coal ash landfill and discharged via Sediment Basin SB-2 outfall. Pursuant to NPDES permit conditions Part II. Section E.6, Duke provided 24-hour notification and submitted a written report of the discharge on January 10, 2017. The discharge of untreated waste to surface waters of the State indicates violations of permit conditions stipulated in the subject permit and North Carolina G.S. 143-215.1. Violations include: 1. Failing to effectively manage, maintain, and operate the permitted system to avoid a discharge to waters of the State, NPDES Part 11. Section C.2.; 2. Making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required; and., 3. Failure to notify of the release pursuant to G.S. 143-215.1C(c)(2). Specific discharge cited in the January 10, 2017 report includes the following: Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 201700031 01/03/2017 390 SB-2 Breach 90,0002 18,000-37,5003 NOV-N01 'Volume based on initial reporting by Duke on 3 January,2017. Volumes cited in 10 Jan,2017 memo by Duke consultant AMEC.Foster Wheeler. State of North Carolina I Environmental Quality I water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 Duke Energy NOV-2017-DV-0029 Page 2`of 2 Duke's January 10, 2017 submittal lists remedial measures and steps already taken to avoid a discharge from this area in the near term. Required Response This Office requests that you respond to this letter in writing within 10 days of receipt of this Notice. Your response should be sent to this Office at the letterhead address. Please include any additional documentation about this incident in your response. The submittal will be considered in determining whether the Division will assess a civil penalty for the cited violations. 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 have any questions, please do not hesitate to contact meat the Asheville Regional Office at 828-296-4500 or via email at landon.davidson@ncdenr.gov. Sincerely, r G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: Jay Zimmerman Dir. DWR(e-copy) Jon Risgaard section Chief WQROS(e-copy) Asheville Regional Office-WQS File Central Files,Water Quality Section Nco005088 DEMLR LQS MRO DEMLR SW CO G:\WR\WQ\Rutherford\Wastewater\Industrial\Duke Energy Cliffside Steam Station 05088\2017 CCP Landfill Breach\NOV-2017-DV-0029 DRAFT.Docx ROY COOPER Governor MICHAEL S.R.EGAN Secretary S. JAY ZIM.MERMAN Water Resources Director Environmental Quality March 15,2017 CERTIFIED MAIL RETURN RECEIPT REQUESTED Transylvania Evergreen Corp Attn: Dale Owen 911 Island Ford Road Brevard,NC 28712 Return Receipt# 70151520 0003 5463 2497 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Adventure Village— 129 Israel Road NOV-2017-SS-0005 Failure to Secure 401 Water Quality Certification Stream Standard Violation-Removal of Best Usage Stream Standard Violation- Other Waste (In-stream sediment) Transylvania County Response deadline:April 15,2017 Dear Mr. Owen: On March 13, 2017,Kevin Mitchell from the Asheville Regional Office of the Division of Water Resources (DWR) conducted a site inspection at your property on Israel Road Parcel Identification Number 8553-86-5708-001 in response to a complaint alleging turbidity and in- stream sediment originating from your property. During the site inspection, an un-named tributary to Peter Weaver Creek, classified C; Trout Waters,was observed to have been impacted by sediment deposition from land disturbing activities and stream channel excavation. Recently deposited sediment was measured to be at least six inches in depth. As a result of the site inspection and file review,the following violations were identified: State of North Carolina;Environmental Quality I Water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 828-296-4500 Adventure Village—129 Israe:, NOV-2017-S S-Ou. Page 2'of 4 VIOLATIONS I. Failure to Secure-a 401 Water Quality Certification A review of records confirmed that neither the DWR nor the US Army Corps of Engineers (USAGE)has received an application for a 404 Permit or 401 WQC,prior to the impacts noted above. Such an application is required pursuant to Section 404 of the Clean Water Act and Part 15A of North Carolina Administrative Code 211 .0500. II. Removal of Best Usage -15A NCAC 02B.0211 (2)—Title 15A North Carolina Administrative Code 02B .0211 (2)requires that"The waters shall be suitable for aquatic life propagation and maintenance of biological integrity, wildlife, secondary recreation, and agriculture; 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." III. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211 (12)-an undetermined length of an un-named tributary to Peter Weaver Creek, classified C; Trout was impacted by sediment deposition measured to be at least six inches in depth in the observed stream reach,representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (12). REQUIRED RESPONSE Accordingly, you are directed to respond to this letter by April 15,2017. Your response should \J be sent to this office at the footer address or via email to kevin.mitchellgncdenr gov and include the following: 1. Failure to Secure a 401 Water Quality Certification &Removal of Best Usage .a. Please explain why the stream excavation occurred without prior authorization. Two (2) options exist to resolve the violations related to the 401 Water Quality Certification: 1. Apply to the U.S. Army Corps of Engineers for and receive a 404 Permit pertaining to the stream and wetland modifications or fill that has occurred. A 401 WQC will be required if the activities are permitted by the USACE. The application process as described does not guarantee the impacts will be approved. 2. Restore the stream and wetlands to pre-existing conditions. a. includes the restoration of stream channels and wetlands as well as the restoration of streambanks and buffers along streams. Adventure Village—129 Israel Road NOV-2017-SS-0005 Page 3 of 4 If pursuing Option l: a. Contact the U. S. Army Corps of Engineers to determine the permitting needs of the activities you have undertaken. The Asheville office phone number is (828) 271-7980, b. Provide a proposed schedule of when you expect to have the required Pre- Construction Notification(401 WQC application) submitted to DWR. If pursuing Option 2: a. Please submit a Stream Restoration Plan to this office for review and approval. You must secure an environmental consultant experienced in stream and wetland restoration to assist you with development of your plan and authorization necessary to achieve compliance. The plan must include the restoration of stream channels as well as the restoration of the streambanks and buffer along streams. It is recommended that your consultant contact Kevin Mitchell of the Asheville Regional Office for additional guidance during plan development. The plan should include the following: b. A proposed schedule with dates that indicate when you expect to begin and complete the restoration work. C. Once the plan has been implemented and is complete, a final report documenting restoration of the stream should be subm teed o`I evin Mitchell. 2. Stream Standard - Other Waste (In-Stream Sediment) a. Please immediately stabilize the area that is contributing sediment to the stream. b. Please provide a map of the project area and impacted areas downstream. The map must include all streams and wetlands, detailing sediment impacts both on- and off-site. c. Sediment impacts to the streams on-site and downstream of the site must be removed. Please submit a Sediment Removal Plan(Plan)to this officefor review and approval. The Plan must address removal of accumulated sediment from all surface waters. You must secure an environmental consultant experienced in stream restoration to assist you with developing your Plan, and obtaining any necessary approvals. The Plan should include: • A narrative explaining how sediment will be removed including techniques, manpower and tools to be used. Adventure Village-129 IsraU NOV-2017-SS=6. Page 4 ofs. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. • A diagram of the stream channel, referenced with photo documentation of sediment impacts before and after removal. • A narrative explaining how and where the removed sediment will be disposed and stabilized. • A narrative explaining how turbidity standards will not be exceeded. Once the work is complete, a final report documenting the results of the sediment removal activities should be submitted to Kevin Mitchell. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Resources regarding these issues and any future/continued violations that may be encountered. Your above- mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above,be abated immediately. Pursuant to G.S. 143-215.6A,these violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any y questions regarding these matters,please-contact Kevin Mitchell at(828) 296-4650 or kevin.mitchellna ncdemr gov. Sincerely, Price, P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc: David Brown—USACE (email copy) Stan Aiken—DEMLR(email copy) .Andrea Leslie—NCWRC (email copy) Karen Higgins-401 &Buffer Permtting Unit Shawna Riddle—DEMLR(email copy) ARO File Copy G:\WR\WQ\Transylvania\Complaints\201700359 Israel Road\NOV-2017-SS-0005 129 Israel Road 3.15.17.docx ROY COOPER Governer " MICHAEL S.REGAN Secretary S.JAY ZIMMERMAN Water Resources Director Environmental Quality March 16, 2017 Mike O'Connor P.O. Box 861 Dana,NC 28724 Subject: Complaint Investigation Finley Creek BIMS Incident#201700361 Henderson County Dear Mr. O'Connor: On March 10,2017,this office received a complaint call from a resident whose property borders Finley Creek. The complainant alleged that Finley Creek was running a milky white and was extremely turbid the afternoon of March 9th into the morning of March 1 Oth. I investigated the complaint on the l Oth and determined that the source of the turbidity was from the replacement of a culvert that conveys an unnamed tributary of Finley Creek under Ore Brae Lane. The property owner indicated that you performed the culvert replacement the afternoon of March 9, 2017. We spoke on the phone on March 13, 2017, regarding the turbidity complaint,the permitting process for the culvert, and the Division of Water Resource's (DWR's) 401 Water Quality P Y p y Certification(�NQC).'As'I stated on the hone if ou wish to e�torm work iri ari s ream, wetland, or pond you should contact the U.S. Army Corps of Engineers (USACE)to determine the permitting needs. The Asheville Regional Office of the USACE can be reached at 828-271- 7980. If the USACE determines that you do need a permit,the State has a corresponding WQC to the USACE permit. If the project exceeds any threshold listed on the applicable WQC,written approval from the DWR would be required. For projects that do not require written approval, you must still meet the conditions of the WQC. I have attached to this email WQC 4085,which corresponds to the USACE Nationwide Permit 3. Had you contacted the USACE to determine the permitting needs for the culvert replacement, this is the Nationwide Permit the work likely would have fallen under.Page 2 of the WQC lists certain.thresholds,which if exceeded,would require written approval from the DWR for the project. The culvert replacement likely did not exceed any of the listed thresholds, so you would not have needed written approval from the DWR for the culvert replacement. However, you would have had to meet the conditions of the WQC. The conditions that we discussed on the phone were: II.9.,which requires that work in streams be conducted so that the flowing stream does not come in contact with the disturbed area; II.11. which requires culvert burial with certain exceptions; and II.14, which prevents direct contact of uncured concrete and waters. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 828-296-4500 Mike O'Connor \ March 16,2017 Page 2 of 2 i With regard to turbidity,North Carolina's water quality standard for turbidity can be found in ' Title 15A of the North Carolina Administrative Code (NCAC) 02B .0211. Any activity that causes an exceedance of the applicable turbidity standard may be considered a violation of the State's water quality standard. Had you followed the conditions of the WQC,particularly condition II.9., you likely would not have caused the turbidity observed in Finley Creek. 3 Additional information regarding permitting requirements and water quality standards can be found at this website: hqs://deq.nc.gov/about/divisions/water-resources/water resources permits/wastewater-branch/401-wetlands-buffer-permits. If you have any questions in the future regarding permitting, or the State's water quality j standards,please do not hesitate to contact me at Andrew.W.Moorena ncdenr og_v or(828)296- 4684. i I j Sincerely, i Andrew Moore Environmental Specialist Water Quality Regional Operations Asheville Regional Office �- Enclosure G:\WR.\WQ\Hendersor.\Compiaints\201700361 Finely Creek-Ore Brae Lane\MikeOConnorLetter.3-16-17.doex ROY COOPER Governor MICHAEL S.REGAN Secretary . , S.JAY ZIMMERMAN Director March 16, 2017 Mark Lundblad SGL Carbon 307 Jamestown Rd. Morganton,NC 28655 SUBJECT: Compliance Sampling Inspection SGL Carbon Corporation Permit No:NC0005258 Burke County Dear Mr. Lundblad: On February 28, 2017,the Division of Water Resources (Division) staff conducted a Compliance Sampling Inspection at the subject facility. Present during the inspection were Jeff Woodruff with SGL Carbon and Dan Boss with the Division. This inspection was conducted to determine the Total Residual Chlorine(TRC)levels in the SGL Carbon effluent and in Silver Creek downstream of the SGL Carbon discharge. TRC levels of an effluent are determined as compliant at a level of less than 50 ug/l. The Surface Water Standard for TRC pursuant to 15A NCAC 02B.0211(3) is 17 ug/l. The SGL Carbon effluent TRC was 1180 ug/l and Silver Creek TRC, downstream of the SGL Carbon discharge,was 690 ug/l. Based on these results, SGL Carbon is exceeding the applicable North Carolina 15A NCAC 02B Surface Water Standard for Total Residual Chlorine. ._._: lease respond in writing wgthin-thirty (30) days of the date of:this letter regarding SGL Carbon's remedial actions to remove TRC from their effluent discharge to a level that will not violate the Surface Water Standard of 17 ug/l. If you or your staff have any questions,please call me at 828-296-4500. Sincerely, ' 4/��W Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enc.Inspection Report cc: Billy Thompson,Jeff Woodruff SGL Carbon(e-copy) Asheville Files NPDES Permitting Unit-John Hennessy MSC 1617-Central Files-Basement G:\WR\WQ\Burke\Wastewater\Industrial\SGL Carbon 05258\CSI.2-28-2017.Ltr.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 828 296 4500 �`� ,1 { 1 i 1 i I /__. � � ��: ��� ��. _.. __. United States Environmental Protection Agency Form Approved. nq Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NP.DES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 15 1 3 I N00005258 I11 12 17/02/26 17 18 12 1 19 I s I 201 2 1 11 1 1 1 1 1 1 1 1 1 1 11 L I I I I UL 166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----------------Reserved----------- 67 701 I 71 I I 72 1 n, 1 73I I I74 75 80 LJ Section B:Facility Data LJ L1_I Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 03:OOPM 17/02/28 10/04/01 SGL Carbon Corporation Exit Time/Date Permit Expiration Date 307 Jamestown Rd 04:00PM 17/02/28 15/02/28 Morganton NC 28655 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Titie/Phone and Fax Number Contacted Rick Ives, //828-432-5811/ No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) ® Self-Monitoring Program ® Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Linda S Wggs lr✓J ARO WQ//828-296-4500 Ext.4653/ Daniel J Boss ARO WQ//828-296-4658/ Signature oWaTiagement Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# NPDES yr/mo/day Inspection Type 1 i 31 NC0005258 I11 12 17/02/28 17 18 S { Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) 1 Present during the inspection were Jeff Woodruff with SGL and Dan Boss with DWR. I j This inspection was conducted to determine the Total Residual Chlorine(TRC) levels in the SGL effluent and in Silver Creek downstream of the SGL discharge. i i SGL effluent TRC—1180 ug/I Silver Creek downstream of SGL discharge—690 ug/I TRC levels of an effluent are judged as compliant at a level of less than 50 ug/l. The Surface Water ' Standard for TRC is 17 ug/l. i i C Page# 2 Permit: NC0005258 Owner-Facility: SGL Carbon Corporation Inspection Date: 02/28/2017 inspection Type: Compliance Sampling Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and.other debris? N ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ® ❑ Comment: Upstream/Downstream Samplinq Yes No NA NE Is the facility sampling performed as required by the permit(frequency,sampling type, and ® ❑ ❑ ❑ sampling location)? Comment: Page# 3 ;, a i t { i i i 1 { 1� I I I I i .' i I �- \_ _._. ___. ROY COOPER I Governor MICHAEL S. REGAN Secretary Water Resources S. JAY ZIMMERMAN , !)hector Environmental virnmental Quality March 16,2017 Ruchir Patel 3149 New Leicester Highway Leicester,NC 28748 Re: Well Construction Permits WM0100400 and WM0100401 Leicester General Store Buncombe County Dear Mr.Patel, In accordance with the monitoring well construction applications submitted on your behalf by Scott Ball, we are forwarding well construction.permits WM0100400 and WM0100401,dated March 16,2017.The permits are for the construction of one monitoring well on property owned by Sharon P.Hawkins and one monitoring well on property owned by J. Caldwell Properties,LLC, as described in the applications and the attached permits. The permits will be effective from the date of issuance for a period of one year and are subject to the conditions and limitations as specified therein.A Well Construction Record shall be completed and signed by the certified drilling contractor for each well.This form shall be submitted to the Division of Water Resources upon completion of each well and shall reference the permit number.Please review the attached permit conditions. If you should have any questions or need additional information,contact Andrew Moore at 828-296- 4500. _ Sincerely, G.Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office cc: ARO file Scott Ball—Geological Resources,Inc. (via email) State of North Carolina!Environmental Quality I Water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 828-296-4300 �\ t _.. ROY COOPER Governor MICHAEL S.REGANN SecreIGYj% - S.JAY ZIMMERMAN Water Resaurce8 Director Environs fental Quality March 16, 2017 Leslie D. Talbot 83 Carefree Circle Sapphire,NC 28774 SUBJECT: Compliance Evaluation Inspection 83 Carefree Circle Sapphire,NC 28774 Dear Ms. Talbot: I am contacting you with regards to the NPDES Wastewater Permit that is held for your property at 83 Carefree Circle in Jackson County,NC. The permit number for your wastewater system is NCG551100. 1 need to conduct an inspection of this facility to determine if it is in compliance with the state permit. Please contact me so that we may set up an inspection and discuss your wastewater system. You can call my office phone at 828-296-4658 or email me at daniel.boss@ncdenr.gov. Thank you, Daniel J. Boss Environmental Specialist Asheville Regional Office cc: MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\Jackson\Wastewater\General\NCG55 SFR\NCG551100,Ebert\Letter to New Owner,Talbot.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 828-296-4500 __ __ �� ,� /. � � �___� J, ROY COOPER Governor MICHAEL S.REGAN Secretary S.JAY ZIMMERMAN Water Resources Direetor Environmental.(duality March 16, 2017 Leslie D. Talbot 434 S Washington Blvd Sarasota,FL 34236 SUBJECT: Compliance Evaluation Inspection 83 Carefree Circle Sapphire,NC 28774 Dear Ms. Talbot: I am contacting you with regards to the NPDES Wastewater Permit that is held for your property at 83 Carefree Circle in Jackson County,NC. The permit number for your wastewater system is NCG551100. I need to conduct an inspection of this facility to determine if it is in compliance with the state permit. Please contact me so that we may set up an inspection and discuss your wastewater system. You can call my office phone at 828-296-4658 or email meat daniel.boss@nedenr.gov. Thank you, cam, Daniel J. Boss Environmental Specialist Asheville Regional Office cc: MSC 1617-Central Files-Basement Asheville Files 1 G:\WR\WQ\.lackson\Wastewater\General\NCG55 SFRWCG551100,Ebert\Letter to New Owner,Talbot.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 828-296-4500 ROY COOPER Governor =p MICHAEL S.REGAN Secretary S.JAY ZIMMERMAN Water Resources Director Environmental Quality March 16,2017 DWR# 16-0418-V2 Transylvania County The Broadway Group,LLC Attn: Melissa Ballard &Robert M. Broadway 216 West Side Square Huntsville,AL, 35801 Subject: REQUEST FOR ADDITIONAL INFORMATION New Retail Store—Brevard,NC Dear Ms. Ballard&Mr. Broadway: On November 8, 2016,the Division of Water Resources(Division)received your application requesting a 401 Water Quality Certification from the Division for the above referenced project. Additional information(signature page &agent authorization form)was received on November 9,2016. A request for additional information was sent on December 5,2016. Additional information was received on February 2,2017. Additional information following the February 2.0,-:20.17.-scheduled.meeting was-received via email-on-March 9,2017.and.at,the.Ashev>1.1e Regional office on March 10,2017. The Division has determined that your application is 'incomplete and cannot be processed.The application is on-hold until all of the following information is received: 1. On February 20, 2017 The Division of Water(DWR)met with the Broadway Group to discuss additional information items for the New Retail Store in Transylvania County. We discussed the additional information items at the meeting. We also discussed avoidance and minimization clarification, DWR requested a more detailed narrative for each alternative site plan layout proposed for the project. DWR also requested that all jurisdictional features be shown as an overlay on all site plan layouts. The new information provided,received March 10,2017 included the same narrative and site plans submitted on February 2,2017 (attached). Please provide the avoidance and minimization clarification requested for each site plan layout. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.High.%vay 70,Svvannanoa,North Carolina 28778 828-296-4500 DWR# 16-0418-V2 Request for Additional Inform, Page 2 of 2 1 2. Sheet 44 of the proposed project plan, dated,March 6, 2017 outlines the temporary diversion plan view. Provide the detail for B2 "open"shown on the plans. Clarify and describe how the water will be diverted from the center of the stream to the top of the temporary diversion without violating water quality standards and maintaining stability of the area. 3. Clarify and explain if the 44LF 30"RCP pipe labeled on the plans is a permanent structure. � pP P This pipe is shown on sheet#9 (Storm Plan) Sheet 10 (Storm Cross Sections) and Sheet 14. j (Landscape Plan). Is this structure permanent and if so why is it needed after the temporary diversion has been completed? 4. Clarify that no untreated stormwater is entering any of the open throat inlets(ex.B3 OTI). 5. Clarify the area of the outfall of the pump around. If any permanent or temporary fill will be placed below the ordinary high water mark,please update the impact table to reflect the current impacts. Explain and clarify the coir matting proposed. Provide additional information that this method will provide appropriate stability of the stream bank and stream channel during water velocities of the temporary diversion procedure. i Pursuant to Title 15A NCAC 02H.0502(e),the applicant shall furnish all of the above ! Please respond in writing within 30 calendar days of receipt of this letter by sending four copies of all of the above requested information to the 401 &Buffer Permitting Unit, 1617 Mail Service Center,Raleigh,NC 27699-1617. Please be aware that you have no authorization under the Section 401 of the Clean water Act Isolated Wetlands and Isolated Waters Rules/Buffer Rules for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code. Please contact Tim Fox at 828-296-4664 or tim.fox(cr�ncdenr.gov if you have any questions or concerns. Sincerely, a Zan Price,P.E.,Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office DWR# 16-0418-V2 Request for Additional Information Page 2 of 2 cc: DWR ARO 401 files DWR 401 &Buffer Permitting Unit ec: Jerry Cargile,P.E. 4Site,Inc. Sue Homewood DWR David Brown-USACE Asheville Regulatory Field Office Andrea Leslie—NCWRC Stan Aiken-DEMLR G:\WR\WQ\Transylvania\401s\Non-DOT\New Retail Store-Brevard 18 See Off mountain Rd\ADDI N FO.401NewRetailStore3-16-16.docx ' �. _� +, I I Ro COOPER, AY 1MM `. CERTIFIED MAIL #: 7015 1520 0003 5463 3951 RETURN RECEIPT REQUESTED March 16, 2017 Radford Thomas City of Lenoir PO Box 958 Lenoir, NC 28645 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2017-DV-0058 Sanitary Sewer Overflows - March 2017 Collection System Permit No. WQCS00035 Lenoir Collection System Caldwell County r bear Permittee: The self-reported Sanitary Sewer Overflow (SSO) 5-Day Report submitted by City of Lenoir indicates violations of permit conditions stipulated in the subject permit and North Carolina G.S. 143-215.1. Violations include failing to -effectively manage, rnaintain, and operate the subject collection system`so that there is no SSO to the land or surface waters and making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required. Specific incident(s) cited in the subject report include the following: Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 201700323 3/1/2017 62 Hemlock St,North of Debris in line 561 561 Notice of Violation house#932 Remedial actions, if not already implemented, should be taken to correct the above noncompliance. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you have any questions, please do not hesitate to contact Linda Wiggs with the Water Quality Section in the Asheville Regional Office at 828-296-4500 or via email at linda.wiggs@ncdenr.gov. Sincerely, ✓ G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: Asheville Regional Office-WQS Fife Central Files,Water Quality Section G:\WR\WQ\Caldwell\Collection Systems\Lenoir Collection System\NOV-2017-DV-0058.SS0 3-1-2017.rtf State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 ROY COOPER Governor MICIMEL S.REGAN Secretary ' S.JAY ZIMMERMAN D -ector Water Resources Environmental Quality March 17, 2017 DWR# 17-0172 Buncombe County City of Asheville Attn: David Melton PO Box 7148 Asheville,NC 28802 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Asheville 2015 Water Distribution Projects—Group 2:Mt. Carmel&Tiny Farms Subdivision Dear Mr.Melton: You have our approval for the impacts listed below for the purpose described in your application dated February 2,2017, and received by the Division of Water Resources(Division) on February 9,2017,with additional information received on March 14,2017. These impacts are covered by the attached Water Quality General Certification Number 3884 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Number 12 once it is issued to you by U.S.Army Corps of Engineers Please note that you should get any FY :other fedetal;'state`or Local pe ii2its before'proceed ng with yo-r`project,including those egiiired' -Discharge,Water Supply Watershed, by(but not limited to) Sediment and Erosion Control,Non and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s)or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)and/or(c)] Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Stream Impact Impact S 1 4;�20 State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 828-296-4500 7 - Asheville 2015 Water Distribution Projects—Group 2 DWR#17-0172 401 Approval Page 2 of 4 -- - 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you,change your project,you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certification(s) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] j 3. The Permittee shall take all reasonable measures to construct in-stream structures while keeping heavy equipment out of the stream channel. All reasonable steps must be taken to limit the amount of disturbance in the channel and to therefore reduce downstream turbidity during construction. This exemption does not relieve the Permittee of meeting stream'standards as indicated in 15A NCAC 02B. [15A NCAC 02H.0506(f)] 4. All temporary impacted areas will be restored to pre-construction natural conditions upon completion of the project.Native vegetation shall be used for wetland and stream bank stabilization. [15A NCAC 02H.0506 (b)(2) and(c)(2)] 5. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H.0506(b)(3)] 6. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including'.all conditions shall-be.a-,ailable at the-project site.,during the construction and. maintenance of this project. [15A NCAC 02H .0507(c)and 15A NCAC 02H.0506 (b)(2)and(c)(2)] 'This approval and its conditions are final and binding unless contested. [O.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000 for information. A petition is considered filed when the original and one(1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919)431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH.within five(5) �J business days following the faxed transmission. Asheville 2015 Water Distribution Projects—Group 2 DWR#17-0172 401 Approval Page 3 of 4 Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,NC 27699-1601 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Zan Price at 828-296-4662 or zan price@ncdenr.gov if you have any questions or concerns. Sincerely, Z Price,P.E.,Assistant Regional Supervisor Water>..: uali . Reional Q:eratons - CQ...:. g P Asheville Regional Office Enclosures: GC 3884 Certificate of Completion cc: Jordan Isenhour—WK-Dickson&Co.,Inc. (via email) William Elliott-USACE Asheville Regulatory Field Office (via email) Stan Aiken—Division of Energy,Mineral, and Land Resources (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit(via email) G:\WR\WQ\Buncombe\401s\Non-DOT\Asheville 2015 Water Distribution Projects Group 2\APRVL.401 Asheville 2015 Water Distribution Projects-Group 2-Mt.Carmel&Tiny Farms—03.17.2017.docx � ' i ,_ ,1 �� ��`�J PE y � CIIv , ` IDEA �I M 4 . #" + + � Certified Mail # 7015 1520 0003 5463 3074 Return Receipt Requested March 17, 2017 Brian Osteen Greystone Enterprises Inc 9 Greystone Drive Hendersonville, NC 28792-9171 SUBJECT: NOTICE OF DEFICIENCY Tracking Number: NOD-2017-LV-0024 Permit No. NCO068799 Greystone Subdivision WWTP Henderson County Dear Permittee: A review of the October 2016-Discharge Monitoring Report (DMR)for the subject facility revealed the deficiency(s) indicated below: Limit Exceedance DeficiencY(s): Sample Limit Reported Location Parameter Date Value Value Type of Deficiency 001 Effluent BOD, 5-Day(20 Deg. C) - 10/20/2016 45 48.3 Daily Maximum Exceeded Concentration (C0310) Please be aware that non-compliance with your permit could result in enforcement action by the Division of Water Resources for these and any additional violations of State law. The Asheville Regional Office encourages you to take all necessary actions to bring your facility into compliance. It was also noted that the Compliance Box on the back of the DMR was marked"Compliant"when in fact it should have been marked `'Non-Compliant"with an explanation for the violation. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you should need any assistance or would like to discuss this non-compliance situation, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit Enforcement File James &James Environmental/ ORC a:\WR\WQ\Henderson\Wastewater\Minors\Greystone Subdivision 68799\N0D-2017-LV•0024.rtf J ROY COOPER Goverrun 1VIICHAEL S.REGAN SL'Cl'L'lCZ1N S.JAY Z:IMIVIERMAN Director March 20,2017 Scott Webber Town of Spindale PO Box 186 Spindale,NC 28160 SUBJECT: Compliance Evaluation Inspection(Facility&Land Application Sites) Town of Spindale Residuals Land Application Program Permit No: WQ0001953 Rutherford County Dear Mr.Webber: Enclosed please find a copy of the Compliance Evaluation Inspection Form from the inspection conducted on 2/28/2017. The facility was found to be in compliance with permit WQ0001953. Reminders: For land application events: 1. The entire Operation&Maintenance Plan is required to be on site. 2. The permittee shall acquire from each landowner or lessee/operator a statement detailing the volume of other nutrient sources that have been applied to the site. The permittee shall calculate allowable nutrient loading rates based on the provided information and use appropriate reductions. 3. Include the date&time in the inspection log of any inspection of application fields prior to land application events. 4. A copy of the current permit should be on site during land application activity. Please refer-to the enclosed inspection report-for additional observations and comments. If you or'your staff have any questions,please call me at 828-296-4500. Sincerely, - Beverly Pri6) Environmental Senior Specialist Enclosure: Inspection Report cc: Dennis Key, ORC Southern Soil Builders MSC 1617-Central Files-Basement Asheville Files "'-,:\WR\WQ\Rutherford\Wastewater\Non-discharge\Town of Spindale\CEI.02.28.17.Facility&LA Sites.docx -'­�P-othi co . 1 is n.. State of North Carolina 1 Environmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 828 296 4500 . Compliance Inspection Report Permit: WQ0001953 Effective: 05/25/15 Expiration: 04/30/20 Owner: Town of Spindale SOC: Effective: Expiration: Facility: Town of Spindale Residuals Land Application Progra PO Box,186 County: Rutherford Region: Asheville Spindale NC 28160 Contact Person: Scott Webber Title: Town Manager Phone: 828-286-2541 Directions to Facility: From ARO: 1-40 E to Hwy.221 South in Marion. Follow Hwy.221 to Hwy.64/74.Turn right on 74 to Spindale to Ledbetter Road (left). Go approx.1.5 miles to Ecology St.on right. WWTP is located at end of street. System Classifications: LA, Primary ORC: Dennis Key Certification: 15704 Phone: 336-957-8909 Secondary ORC(s): Zach D Key 27660 336-957-7871 On-Site Representative(s): 24 hour contact name Zach D Key 336-957-7871 On-site representative David W Key 336-957-7869 Related Permits: NCO020664 Town of Spindale-Spindale WWTP Inspection Date: 02/28/2017 Entry Time: 09:30AM Exit Time: 11:OOAM / Primary Inspector: Beverly Price BPI Phone: 828-296-4500 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Land Application of Residual Solids(503) Facility Status: ® Compliant n Not Compliant Question Areas: Miscellaneous Questions ® Treatment ® Land Application Site Transport (See attachment summary) Page: 1 Permit: WQ0001953 Owner-Facility:Town of Spindale Inspection Dater 02/28/2017 Inspection Type:Compliance Evaluation Reason for Visit: Routine Inspection Summary: The inspection was conducted by Beverly Price of the Asheville Regional Office. Mr. David Key and Mr.Tom Bernard assisted with the inspection. The inspection included the facility and the the land application sites. A portable belt-press(Merrell Brothers)is on site at the facility to press sludge from the aeration basin(AB)as part of the WWTP upgrades. Belt-pressed sludge is being landfilled. There are two digesters with floating mechanical aerators. Sludge from the digesters is land applied. Land application was occurring on McFadden Fields#4&#5 at the time of inspection. Land application had occurred on McFadden Fields#1,#3 and#5 from February 21-27,2017. The permit was renewed May 25,2015. The renewed permit Attachment B did not include the previously permitted Fields (75.3 acres)for Jerry Queen and Mark Koone. These fields should be included in the current permit. A request should be made to the central office in Raleigh to correct the Attachment B to include those fields. Reminders: 1.The O&M Plan is required to be on site during land application events per permit condition 111.6. 2. Permit Condition 111.15.states in part..."The permittee shall acquire from each landowner or lessee/operator a statement detailing the volume of other nutrient sources that have been applied to the site...The permittee shall calculate allowable nutrient loading rates based on the provided information and use appropriate reductions". 3. Include the date&time in the inspection log of any inspection of application fields prior to land application events per permit condition V.2. 4.A copy of the current permit should be on site during land application activity. Page: 2 Permit: WQ0001953 Owner-Facility:Town of Spindale Inspection Date: 02/28/2017 Inspection Type:Compliance Evaluation Reason for Visit: Routine j Land Application Site Yes No NA NE Is a copy of the permit on-site during application events? ❑ 0 ❑ Is the application site in overall good condition? ® ❑ ❑ El El Is the site free of runoff/ponding? ■ If present,is the application equipment in good operating condition? M 0 El ❑ Are buffers being maintained? ® ❑ Are limiting slopes buffered? 10%for surface application ® F1 18%for subsurface application ❑ ® ❑ Are there access restrictions and/or signs? ® ❑ ❑ Is the application site free of odors or vectors? ® ❑ El El Have performance requirements for application method been met? For injection? For incorporation? ❑ ® ❑ Does permit require monitoring wells? ❑ ® ❑ Have required MWs been installed? ❑ ■ El Are MWs properly located w/respect to RB and CB? ❑ ❑ Are MWs properly constructed(including screened interval)? ❑ ❑ ■ ❑ Is the surrounding area served by public water? ❑ ® ❑ ❑ If Annual Report indicates overapplication of PAN,are wells nearby that may be impacted? ® ❑ ® ❑ Are soil types consistent w/Soil Scientist report/evaluation? ❑ ❑ ❑ Is the water table greater than 1 Y3'bls. ❑ ❑ ❑ S Is application occurring at the time of the inspection? 0 ❑ ❑ ❑ Comment: The current(May 25 2015)permit was not on site The permit dated March 1 2013 was available. Transport Yes No NA NE Is a copy of the permit in the transport vehicle? ■ ❑ ❑ ❑ Is a copy of the spill control plan in the vehicle? 0 ❑ ❑ ri Is the spill control plan satisfactory? ■ ❑ ❑ ❑ Does transport vehicle appear to be maintained? ❑ ❑ Comment: The current(May 25 2015)permit was not on site. The permit dated March 1. 2013 was available. Page: 3 Permit: WQ0001953 Owner-Facility:Town of Spindale Inspection Date: 02/28/2017 Inspection Type:Compliance Evaluation Reason for Visit: Routine Treatment Check all that apply Yes No NA NE Aerobic Digestion Anaerobic Digestion ❑ Alkaline Pasteurization(Class A) ❑ Alkaline Stabilization(Class B) ❑ Compost ❑ Drying Beds ❑ Other El Comment: Type Distribution and Marketing Yes No NA NE ❑ Land Application �JJ Page: 4 ROY COOPER Governor MICH:AEL S.REGAN f. Seeretury S.JAY ZIMMERMAN Water Resources Director Environmental Quality March 20,2017 DWR# 17-0279 Jackson County Barry and Rosemary Milton 5642 Bent Tree Drive Dallas, TX 75248 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Milton 308 Scenic Lake Lane—Lake Glenville Dear Mr. and Mrs. Milton: You have our approval for the impacts listed below for the purpose described in your application dated March 6, 2017 and received by the Division of Water Resources (Division) on March 9, 2017. These impacts are covered by the attached Water Quality General Certification Number 4098 and the additional conditions listed below. This certification is associated with the use of General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain any other federal, state or local permits before proceeding with your project, including those required by(but not limited to) Sediment and Erosion Control,Non-Discharge, Water Supply Natershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit, and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or(c)] Type of Impact Amount Approved Permanent Above Pool Below Pool Open Waters 0.0275 (acres) 0.0161 (acres) State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70,swannanoa,North Carolina 28778 828-296-4500 Milton 308 Scenic Lake Lane DWR# 17-0279 401 Approval Page 2 of 3 \ 2. This approval is for the purpose and design described in your application. The plans and �J - specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [I 5A NCAC 02H .0507(d)(2)] 3. Stone used in stabilization shall be of a size and density sufficient to prevent movement by wave or current action and shall consist of clean rock or masonry material free of debris or toxic pollutants. The rip-rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. [15A NCAC 02H .0507 (c)] 4. Replant or allow the re-establishment of native vegetation in areas within the project boundary where it has been removed per Exhibit 1 of the Duke Power Nantahala Area Shoreline Management Guidelines. 5. The permitee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and(c)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. A petition form maybe obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919) 431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: `ter' Milton 308 Scenic Lake Lane DWR# 17-0279 401 Approval Page 3 of 3 If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One(1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,NC 27699-1601 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15ANCAC 02H .0500. Please contact Kevin Mitchell at 828-296-4650 or kevin mitchell(a)ncdenr.gov if you have any questions or concerns. Sincerely, v� Z Price,P.E.,Assistant Regional Supervisor ! Water Quality Regional Operations Asheville Regional Office Enclosures; _GC 4098 Certificate of Completion cc: Robert Mathis—Natureview Landscapes &Rockyard(via email) Kevin Holland—Duke Energy(via email) David Brown—USACE Asheville Regulatory Field Office(via email) Andrea Leslie—NCWRC (via email) Steve Beasley-Jackson County(via email) DWR ARO files DWR 401 and Buffer Permitting Unit(via email) G:\WR\WQVackson\401s\Non-DOT\Milton 308 Scenic Lake Lane\APRVL.308 Scenic Lake Lane_03.20.2017.docx ROY COOPER s Governor d MICHAEL S.REGAN Secretcsy S.JAY ZIMMERMAN Water Resources Director Environmental Quality March 20, 2017 BeaFrank LLC Kevin Scarmack 32 All Souls Crescent Suite 202 Asheville,NC 28803 Subject: Incident Closure NOV-2016-CV-0006 Buncombe County Dear Mr. Scarmack: The Division of Water Resources has received the final status report dated November 29,2016 and a copy of your approved grading permit from the City of Asheville dated March 2, 2017,related to the subject Notice of Violation. 1 The written response, stabilization efforts and planting work performed have satisfactorily resolved the violations noted in the subject Notice of Violation. Your attention and cooperation is greatly appreciated. Should you have any questions regarding this' matter or other water quality issues or concerns,please contact me at(828)296-4662 or zan.price@ncdenr.gov. Sincerely, 442 Z Price,P.E.,Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc: Joe Calderwood(via email) Ric Ledford—City of Asheville(via email) DWR ARO File Copy Karen Higgins—401 and Buffer Permitting Unit G:\WR\WQ\Buncombe\Complaints\Caledonia Road_NOV-2016-CV-0006\CLO.NOV-2016-CV-0006.docx State of North Carolina 1 Environmental Quality I Water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 828-296-4500 - ROY COOPER Governor An MICHAEL S.REGAN Secretary S.JAY ZIMMERMAN Water Resources Director Environmental Quality March 21, 2017 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7015 1520 0003 5463 3944` Bradley Johnston P.O. Box 846 Naples,NC 28760 Subject: NOTICE OF VIOLATION NOV-2017-OC-0002(Incident#201700348) Illegal Discharge of Diesel Fuel 105 Tap Root Dairy Road Henderson County Dear Mr.Johnston, Chapter 143, Article 21 of the North Carolina General Statutes(G.S.) authorizes and directs the Environmental Management Commission of the Department of Environmental Quality to protect and preserve the water resources of the State.The Division of Water Resources(DWR) has the delegated authority to enforce adopted water pollution control rules and regulations. On the morning of March 8, 2017,the Asheville Regional Office (ARO) received notification that a petroleum sheen was observed on the north bank of the French Broad River next to a residence located at 105 Tap Root Dairy Road (PIN#9642724625). Later that same day,two inspectors from the ARO were dispatched to the address identified in the complaint. A leaking Above-Ground Storage Tank (AST) and fuel-saturated soils were observed on the northwest corner of the residence. A strong petroleum smell and a light petroleum sheen were noted on a section of the french Broad River approximately 100 feet from the leaking AST. Upon closer inspection of the riverbank, red-colored petroleum globules (free product)were observed discharging from the stream bank and into the French Broad River (35.402223, -82.533554). Based on these site observations, this Office believes you are responsible for an unauthorized release of petroleum to the French Broad River. Violations The following violations are noted: Nothing Compares-_-1--.- State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 828-296-4500 Bradley Johnston March 21,2017 \ Page 2 of 3 (1) Oil Pollution and Hazardous Substances Control Act—Unlawful Discharge (2) Other Wastes Item 1. Unlawful Discharge - The unauthorized discharge of petroleum to the french Broad River(Class B Waters), as confirmed on March 8, 2017, is a violation of North Carolina General Statute G.S. 143-215.83. According to this statute, it shall be unlawful, except as otherwise provided in this Part, for any person to discharge, or cause to be discharged, oil or other hazardous substances into or upon any waters, tidal flats, beaches, or lands within this State, or into any sewer, surface water drain or other waters that drain into the waters of this State, regardless of the fault of the person having control over the oil or other hazardous substances, or regardless of whether the discharge was the result of intentional or negligent conduct,accident or other cause. Item II. Other Wastes The unauthorized discharge of petroleum to the French Broad River(Class B Waters), as confirmed on March 8, 2017, is a violation of Title 15A North Carolina Administrative Code 02B .0211 (12). This statute requires oils, deleterious substances, colored, or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish,aesthetic quality, or impair the waters for any designated uses. For the purpose of implementing this Rule, oils, deleterious substances, colored, or other wastes shall include substances that cause a film or sheen upon or discoloration of the surface of the water or adjoining shorelines pursuant to 40 CFR 110.3(a)-(b) which are hereby incorporated by reference including any subsequent amendments and additions. Required Response It is the understanding of this Office that you have contracted with an environmental consultant and are currently remediating the petroleum release. Your response to date includes draining and removing the failing AST, excavating contaminated soils, constructing an intercept trench, and deploying an oil absorbent boom on the French Broad River. You are required to continue free product recovery efforts,as a means of reducing the overall impact to surface water quality. According to Title 15A North Carolina Administrative Code 02L.0404, you may have additional obligations regarding initial abatement that fall under the jurisdiction of the North Carolina Division of Waste Management's Underground Storage Tanks Section (UST). Please contact that agency for additional information regarding these regulatory requirements. This Office requests that you respond to this letter in writing within 30 days of receipt of this Notice. Your response should be sent to this Office at the letterhead address. In your remarks, ''' Bradley Johnston March 21,2017 Page 3 of 3 assess the cause,significance, and extent of the release. Provide a description of your initial response and when you ceased discharging all "petroleum" or other hazardous substances on the land or waters of the state. - You are also required to maintain an oil absorbent boom(s) on the French Broad River until such time that the petroleum release has been abated and sheen is no longer visible on the French Broad River. Maintenance activities will include regular replacement of the boom(s) and frequent visual inspections of the river for petroleum sheen.This Office also requires periodic inspections by ARO staff. Thank you for your attention to this matter. This Office requires that the violations, as detailed above, be abated immediately and properly resolved. Failure to properly abate the release may result in a recommendation for enforcement to the Director of the Division of Water Resources regarding these.issues and any future/continued violations that may be encountered. These violations and any future violations are subject to civil penalty assessments.The violations of the Oil Pollution and Hazardous Substances Control Act are subject to civil penalties of up to$5,000 per violation as per G.S. 143-215.88A.These violations are subject to civil penalties up to$25,000 per day for each violation as per G.S. 143-215.6A. Should you have any questions regarding these matters, please contact Brett Laverty at (828) 296-4500. - Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville regional Office cc: ARO file ec: Jan Anderson-NC DWM/UST Section Kristin Hicklin—NC DWM/UST Section Robert Martin-Martin&Slagle GeoEnviron mental Associates,LLC wow, i CHI , mM , � ftt Certified Mail # 7015 1520 0003 5463 2503 Return Receipt Requested March 21, 2017 Mr, Richard P. Scalzo, Chief Executive Officer GAIA Herbs, Inc. 101 Gaia Herbs Drive Brevard NC 28712 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2017-DV-0052 Illegal Discharge Complaint Investigation Incident #201700302 GAIA Herbs, Inc. Transylvania County _Dear Mr. Scalzo: The North Carolina Division of Water Resources conducted a complaint investigation of the subject facility on February 23, 2017. The complaint was concerning a failing septic system at your facility discharging to an adjacent stream.The In of w� =cond ete€f by Dlvis on of Water Resources-staff-fro m; he A heWleiRegiona4 Office(ARC>)..:The.following violation was noted during the investigation: VIOLATION: Failure to secure a permit for a waste disposal system per: NC G.S. 143-215.1(a) Activities for Which Permits Required. — Except as provided in subsection (a6) of this section,no person shall do any of the following things or carry out any of the following activities unless that person has received a permit from the Commission and has complied with all conditions set forth in the permit: (1) Make any outlets into waters of the State. Septage was observed ponding at the laterals on the southwest side of the drainfield and discharging to Spanish Oak Branch. NOTE. Chain-of-Custody for upstream and downstream samples collected as part of this investigation were incorrectly labeled Glady Branch. 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 sate law. State of North Carolina I Environmental QtWity I water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 828-296-4500 To prevent further action, please respond in writing to this office within 30 days upon your receipt of this Notice \\ of Violation. In your response, please assess the cause of the release, provide a status update on the current septic system, and summarize any and all remedial action plans designed to prevent future releases. If you should have any questions, please do not hesitate to contact Beverly Price with the Water Quality Regional Operations Section in the Asheville Regional Office at(828) 296-4685. Sincerely, G�Landon Davidson, P.G. Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: Brian Traylor, Director of Operations 101 Gaia Herbs Drive Brevard NC 28712 Wyatt Edsel, E.I. Anchor QEA of North Carolina,PLLC 231 Haywood Street Asheville NC 28801 WQS Asheville Regional Office - Enforcement File Non-Discharge Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\Transylvania\Complaints\201700302 GAIA Herbs\N0V-2017-DV-0052.rtf ROY COOPER i rz, Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Water Resources Director Environmental Quality March 21, 2017 Mr. Duane Wanty Square D Company 70 Mechanic Street,C41-32 Foxboro,MA 02035 Subject: Variance Request to Rule 15A NCAC 02C .0113(d)(2) City of Asheville Property 200 Bingham Road Buncombe County,North Carolina Dear Mr. Wanty: On March 14, 2017,the Asheville Regional Office received your request for a variance to Rule 15A NCAC 02C .113(d)(2).This rule requires that monitoring wells greater than twenty feet in depth be abandoned by completely filling with a bentonite or cement-type grout. The request is for a monitoring well installed on City of Asheville property at 200 Bingham Road. In your request you indicate that the well is cased to approximately seventy-five feet below ground surface (bgs) and is an open borehole installed in highly fractured bedrock to three hundred and one feet bgs. Due to the highly fractured nature of the bedrock,there is a concern of significant grout loss to the factures during well abandonment. The variance application proposes that the well be abandoned by filling the well with gravel to ten feet bgs, with the remainder of the well to be filled with bentonite or cement-type grout. Based upon the information provided, it is my finding that the factors specified are sufficient to satisfy the conditions for approval of a variance as defined in 15A NCAC 02C .0118. However, this variance requires that the well be filled with gravel to at least ten feet below the top of consolidated rock or five feet below the bottom of the casing. The remainder of the well shall be filled with a bentonite or cement-type grout. A copy of this permit,which includes the variance, should be attached to the required Well Abandonment Record. Nothing m � State of North Carolina j Enviromnental Quality I Water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 828-296-4500 Duane Wanty March 21,2017 \ Page 2 of 2' The granting Of this permit and variance is for the abandonment of monitoring well MW-19D only, and in no way relieves the owner or agent from other requirements of the North Carolina Well Construction Standards, or any other applicable law,rule or regulation that may be regulated by other agencies.If you are dissatisfied with this decision, you may commence a contested case by filing a petition under G.S. 150-23 within 60 days after receipt of the decision. If you should have any questions or need additional information, contact Andrew Moore at 828- 296-4500. Sincerely, G. Landon Davidson, P.G.,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office cc: ARO file Ryan Gerber—Arcadis (via email) Reuben Caldwell Drilling, Inc. (via email) .J NORTH CAROLING DEPARTMENT OF ENVIRONMENT QUALITY DIVISION OF WATER RESOURCES WELL ABANDONMENT VARIANCE In accordance with the provisions of Article 7, Chapter 87,North Carolina General Statutes, and other applicable Laws,Rules and Regulations. A WELL CONSTRUCTION VARIANCE IS HEREBY GRANTED TO Square D Company (Schneider Electric) For the abandonment of a single monitoring well located at 200 Bingham Road, Asheville,NC 28806. This Variance is issued in accordance with the application received by this office March 14, 2017. The request is for a variance to the North Carolina Well Construction Standards, specifically rule 15ANCAC 02C .0113(d)(2). This rule requires that monitoring wells greater than 20 feet in depth or that penetrate the water table be abandoned by completely filling with a bentonite or cement-type grout. This Variance is for well abandonment only, and does not waive any provision or requirement of any other applicable law or regulation. This Variance will be effective from the date of its issuance and shall be subject to the following conditions: 1. The well shall be filled with gravel opposite the zones of consolidated rock. 2. The top of any gravel shall terminate at least 10 feet below the top of the consolidated rock or five feet below the bottom of casing. . 3... .-Benton to-or,eement-type grout shall be placed beginning 10 feet below the top of the consolidated rock or five feet below the bottom of casing in a manner to ensure complete filling of the casing,and extend up to land surface. 4. A Well Abandonment Record (GW-30) shall be submitted to the Division in accordance with 15A NCAC 02C .0114(b). If any requirements or limitations specified in this Variance are unacceptable, you have a right to an adjudicatory hearing upon written request within 60 days of receipt of this Variance. The request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such a demand is made, this variance is final and binding. Variance issued the 21st day of March, 2017 FOR THE NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Landon Davidson, Regional Supervisor Water Quality Regional Operations Section By Authority of the Environmental Management Commission Permit No. # WV0100062 \. .-..._ \,J,: At ROY COOPER Governor MICHAEL S. REGAN Secretary Water Resources Environmental Quality S. JAY ZIMMERMAN Director March 21, 2017 Setzer Properties ZFRA, LLC Jim Cooper Construction Co, Inc. Attn: Keith Fryman James L JR Cooper 354 Waller Ave., Suite 200 5004 5th Ave South Lexington, KY 40504 Birmingham,AL 35212, Graham County Land Company Attn: Randy Jordan,Registered Agent 750 Tallulah Road Robbinsville,NC 28771 Return Receipt# Subject: Incident Closure Bryson City Fed-Ex NOV-2016-PC-0061 Swain County Dear Mr. Fryman, Mr. Cooper, &Mr. Jordan: The Division of Water Resources has received the status report from McGill Associates dated :January 23,2017 -xrelated to the Notice of Violation and Recommendation for Enforcement NOV-2016-PC-0061. The written response, stream restoration and instream sediment removal activities performed have satisfactorily resolved the violations noted in the subject.Notice of Violation and Recommendation for Enforcement. Your attention and cooperation is greatly appreciated. Should you have any questions regarding this matter or other water quality issues or concerns,please contact me at(828) 296-4664 or tim.fox@ncdenr.gov. Sincerely, Tim F Senior Environmental Specialist Water Quality Regional Operations Asheville Regional Office —firhktq a State of North Carolina I Environmental Quality I Water Resources 2090 ti.S.Highway 70,Swannanoa,North Carolina 28778 828-296-4500 Fed-Ex Page 2 of 2 cc: John Vilas—McGill Associates (via email) David Brown-USACE (via.email) Andrea Leslie-NCWRC (via email) Byron Hamstead -USFWS (via email) Kevin King- Swain County Manager(via email) Kevin Seagle - Swain County Erosion Control (via email) Stan Aiken-DEMLR(via email) Karen Higgins, 401 &Buffer Permitting Unit ARO File Copy G:\WR\WQ\Swain\401s\Non-DOT\Bryson City FedEx\FedEX Bryson City\CLO.SedimentRemovalFedEx3-21-17.docx � fi4��.k�ytLp/a�uR++N WC pppp yyv t47K�!f$e^•� IA Certified Mail # 7015 1520 0003 5463 3081 Return Receipt Requested March 21, 2017 James Rice - Eaven Brice Partnership 329 Emma Rd Asheville, NC 28806 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-MV-0033 Permit No. NCO067342 North View Mobile Home Park WWTP Buncombe County wr Permittee: A review of the September 2016 Discharge Monitoring Report (DMR)for the subject facility revealed the violation(s) indicated below: Monitoring Violation(s): ` Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Chlorine,Total Residual (50060) 9/3/2016 2 X week Frequency Violation 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 NPDES 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 information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the ',-lations. If no response is received in this Office within the 10-day period, a civil penalty essment may be prepared. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 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. Reminder:Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. Your facility was required to begin reporting your Discharge Monitoring Reports electronically by December 21 2016, using the EDMR system It is noted that as of today this facility has not been registered for EDMR Please call Janet Cantwell at this office for information on registering your facility for EDMR If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office= Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File James Queen/ ORC G:\WR\WQ\Buncombe\Wastewater\Minors\North View MNP 673Q\N0V-N0I-2017-MV-0033.rtf 11 IA . Me Certified Mail # 7015 1520 0003 5463 3098 Return Receipt Requested March 21, 2017 James Rice Eaven Brice Partnership 329 Emma Rd Asheville, NC 28806 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-MV-0034 Permit No. N00067342 North View Mobile Home Park WWTP Buncombe County r Permittee: A review of the December 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Monitoring Violation(s�: - Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent BOD, 5-Day(20 Deg. C) - 12/10/2016 Weekly Frequency Violation Concentration (C0310) 001 Effluent Coliform, Fecal MF,.MFC Broth, 12/10/2016 Weekly Frequency Violation 44.5 C (31616) 001 Effluent Nitrogen, Ammonia Total (as N) - 12/10/2016 Weekly Frequency Violation Concentration (C0610) 001 Effluent Solids,Total Suspended - 12/10/2016 Weekly Frequency Violation Concentration (CO530) 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 NPDES 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 ct in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. State of North Carolina I Environmental Quality I water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 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 information provided on the submitted Discharge Monitoring Report(s). 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. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities,taking units off-line, etc. Your facility was reauired to begin reporting your Discharge Monitoring Reports electronically by December 21 2016, using the EDMR system It is noted that as of today this facility has not been registered for EDMR Please call Janet Cantwell at this office for information on registering your facility for EDMR If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, �� G. Landon Davidson;P:G:;`Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File James Queen/ ORC G:\WR\WQ\Buncombe\Wastewater\Minors\North View MHP 67342\NOV-NOI-2017-MV-0034.rtf � �- �.>ICIEL LOAN j A wl" Certified Mail # 7015 1520 0003 5463 3104 Return Receipt Reguested March 22, 2017 Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0186 Permit No. NCO089095 High Vista Falls WWTP Henderson County r Permittee: A review of the October 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD, 5-Day(20 Deg. C) - 10/6/2016 15 20 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day(20.Deg. C) - 10/20/2016 15 30 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day(20 Deg. C) - 10/31/2016 10 20.67 Monthly Average Exceeded Concentration (C0310) 001 Effluent Nitrogen,Ammonia Total (as 10/31/2016 1 1.6 Monthly Average Exceeded N) -Concentration (C0610) 001 Effluent Solids, Total Suspended - 10/31/2016 5 7.13 Monthly Average Exceeded Concentration (C0530) State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina Genera,, Statute (G.S.) 143-215.1 and the facility's NPDES 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 r , 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 information provided on the submitted Discharge Monitoring Report(s). 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. Reminder: Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional Office as soon as possible,not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional`Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Vincent Edwards/ORC 9:\Wig\WQ\Henderson\Wastewater\Minors\High Vista Falls 89095\N0V-N0I-2017-LV-0186,rtf ROY COOPER Governor MICHAE:L S.REGAN Secretary AN S.JAY ZIMMERMAN Water Resources Director }.environmental Quality March 23, 2017 DWR# 17-0204-V3 Rutherford County Andale Inc. FKA Attn:Jay S.Park 1601 Willow Menlo Park, CA 94025 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Project Bluebird FRC Dear Mr. Park:. You have our approval for the impacts listed below for the purpose described in your application dated February 14, 2017 and received by the Division of Water Resources(Division) on February 17, 2017. These impacts are covered by the attached Water Quality General Certification Number 4092 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding-with your project, including those required by (but not limited to) Sediment and Erosion Control,Non-Discharge,Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved,including incidental impacts. [I5A NCAC 02H.0506(b) and/or(c)] State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 828-296-4500 Project Bluebird FRC� DWR# 17-0204-V3 \ 401 Approval Page 2 of 4 Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Streams Impact S 1 42 (linear feet) Impact S2 20 (linear feet) Impact S3 51 (linear feet) Impact S4 24 (linear feet) 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project,you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certification(s) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the Division of Mitigation Services (DMS)to meet this mitigation requirement. Until the DMS receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes,this Authorization Certificate authorizes payment to the DMS to meet the following compensatory mitigation requirement [15A NCAC 02H.0506 (b)(6)]: Compensatory River& Sub-basin Mitigation Required Number Stream 241 (feet) Broad (03050105) 4. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Resources, between the hours of 8 am to 5 pm at the Asheville Regional Office at 828.296.4500 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0211(12), and GS 143 Article 21A] 5. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small animals. [15A NCAC 02H .0506(b)(2)] Project Bluebird FRC DWR# 17-0204-V3 401 Approval Page 3 of 4 6. All temporary impacted areas shall be restored to pre-construction natural conditions upon completion of the project. Native vegetation shall be used for stream bank stabilization. [15A NCAC 02H .0506 (b)(2) and(c)(2)]' 7. The permitee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and(c)(2)J 8. The proposed project shall follow the recommendations stated in the North Carolina Wildlife Resources Commission(NCWRC) comment letter dated March 17, 2017 (attached)to the maximum extent practicable. [15A NCAC 02H .0506(b)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding _:official state holidays). The petition may be faxed to the OAH at(919)431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five(5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,NC 27699-1601 Project Bluebird FRC DWR# 17-0204-V3 401 Approval Page 4 of 4 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Kevin Mitchell at 828-296=4650 or kevin.mitchell@ncdenr.gov if you have any questions or.concerns. Sincerely, Zan Price, P. ssistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 4092 Certificate of Completion NCWRC Letter Dated March 17, 2017 cc: John Vilas McGill Associates, P.A. (via email) David Brown—USACE Asheville Regulatory Field Office (via email) Andrea Leslie-NCWRC (via email) Stan Aiken-Division of Energy, Mineral, and Land Resources (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit(via email) G:\WR\WQ\Rutherford\401s\Non-DOT\Project Bluebird FRC\APRVL.Project Bluebird FRC 03.23.2017.docx ROY COOPER Governor MICHAEL S. REGAN Secretary Wa ter Resources S. JAY ZIMMERMAN Dire ctor Environmental Quality March 23,2017 Timothy and Kristin Schaller 46 Spears Avenue Asheville,NC 28801 Subject: Stream Identification Request Dear Mr. and Mrs. Schaller: This letter provides the findings of a site visit to Buncombe County Parcel Identification Number 962825307500000 at 133 Appalachian Way in Asheville,North Carolina;conducted on March 23,2017, to provide a stream determination.The stream identification request was made by a prospective buyer. Two streams are shown as two blue lines converging on the subject parcel on the Buncombe County Geographic Information System(GIS)website. The stream segment shown on Buncombe County GIS on the southwestern portion of the parcel is not present. The results of the stream determination for the stream segment on the eastern edge of the parcel are as follows: Features Score Comments Geomorphology Geolmorphology 14.5 Hydrology 9.5 Biology 8 Total 32 Perennial Determination: Stream Determination This on-site determination shall expire five(5)years from the date of this letter. Landowners or affected parties that dispute a determination made by the Division of Water Resources(D)ATR)may request a determination by the Director. An appeal request must be made within sixty(60)days of date of this letter. A request for a determination by the Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Karen Higgins;DWR—401 &Buffer Permitting Unit; 1617 Mail Service Center;Raleigh,NC 27699-1617. If sending via delivery service(UPS,FedEx, etc): Karen Higgins;DWR—401 &Buffer Permitting Unit; 512 N. Salisbury Street;Raleigh,NC 276,04. This determination is final and binding unless, as detailed above, an appeal is requested within sixty(60) days. Please note that there may be additional wetland features on the subject parcel subject to Section 404 and 401 (Clean Water Act)permitting.You should contact this office or the Asheville Regulatory Field Office of the U.S.Army Corps of Engineers for more information on permitting requirements. Not inpa State of North Carolina I Environmental Quality I water Resources 2090 U.S.Ylighway 70,Swaamanoa,North Carolina 28778 828-296-4500 Timothy and Kristin Schaller March 23,2017 \ .Page 2 of 2 Please contact me at 828-296-4684 or Andrew.W.Moore@ncdenr.gov if I can be of further assistance. Sincerely, Andrew Moore Environmental Specialist—Asheville Regional Office Water Quality Regional Operation Section NCDEQ—Division of Water Resources cc: Bob Brooks-bobbrookscfc@gmail.com G:\WR\WQ\Buncombe\Stream Calls\133 Appalachian Way\StreamDetermination__133AppalachianWay.docx C}f Ghj �3 Y a N co ^' Cl) o 0 r 0 o d o c,� o 0---------------- 0 0 0 - � N N .0 x:,• C3 N IOIgEw iICE .., E `rrA „ W . Certified Mail # 7015 1520 0003 5463 3111 Return Receipt'Requested March 23, 2017 Jeffrey Wakefield Columbia Forest Plywood Products 369 Columbia Carolina Rd Old Fort, NC 28762 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0188 Permit No. NCO087076 Columbia Forest Plywood Products McDowell County Dear Permittee: A review of the August 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value . Type of Violation 001 Effluent Solids,Total Suspended - 8/9/2016 45 54 Daily Maximum Exceeded Concentration (C0530) 001 Effluent Solids, Total Suspended - 8/31/2016 30 54 Monthly Average Exceeded Concentration (C0530) 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 NPDES 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. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 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 information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding theJ 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. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities,taking units off-line, etc. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor - Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File G;\WR\WQ\McDowel]\Wastevvrater\Industrial\Columbia 87076\NOV-NO.t-2017-1-V-0188.rtf �'117 fk Certified Mail # 70.15 1520 0003 5463 3135 Return Receipt Requested March 23, 2017 Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0190 Permit No. NCO067288 Hunter's Glen WWTP Henderson County Dear Permittee: _. .A review,of the,_Novennter_201.6:Discharge Monitoring Reports-(DMR) for the subject.:faci{ity.reveal.ed t violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD, 5-Day(20 Deg. C) - 11/22/2016 45 70 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day (20 Deg. C) - 11/30/2016 30 35 Monthly Average Exceeded Concentration (C0310) 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 NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) maybe 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. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you wish to provide additional information regarding \`g g the noted violation, request technical.assistance, or _ discuss overall compliance please respond in writing within ten (10) business day after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). 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. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Vincent Edwards/ ORC G:\WR\WQ\Henderson\VJastewater\Minors\Hunter's Glen 67288\NOV-NOI-2017-LV-0190.rtf �>fIII MAN Certified Mail # 7015 1520 0003 5463 3142 Return Receipt Requested March 23, 2017 Gavin A Brown Town of Waynesville PO Box 100 Waynesville, NC 28786 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0191 Permit No. NCO025321 Waynesville WWTP Haywood County sir Permittee: A review of the November 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Coliform, Fecal MF, MFC Broth, 11/19/2016 400 625.12 Weekly Geometric Mean Exceeded 44.5 C (31616) 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 NPDES 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 information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that maybe assessed regarding the ,itions. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 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. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter or to apply for an SOC, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit- Enforcement File Ronnie Norris/ ORC G:\WR\WQ\Haywood\Wastewater\Municipal\VVaynesville WWTP 25321\N0V-N01-2017-LV-0141.rtf 2M� �� � 0 , Certified Mail # 7015 1520 0003 5463 3128 Return Receipt Requested March 23, 2017 Gavin A Brown Town of Waynesville PO Box 100 Waynesville, NC 28786 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2017-LV-0189 Permit No. NCO025321 Waynesville WWTP Haywood County Dear Permittee: A review of the October 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Nitrogen, Ammonia Total (as 10/31/2016 9 9.71 Monthly Average Exceeded N) -Concentration (C0610) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. 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 (SOC). State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you have any questions concerning this matter or to apply for an SOC, please contact Janet Cantwell of the \\ Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson,�Regionaupervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Ronnie Norris/ ORC G:}WR\WQ\Haywood\Wastewater\Municipal\Waynesville WWTP 25321,N0V-2017-LV-0189.rtf 00FEig' ICI L . Certified Mail # 7015 1520 0003 5463 3180 Return ReceiVt Reguested March 24, 2017 Craig Autry , Linville Resorts Inc PO Box 99 Linville, NC 28646 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2017-LM-0023 Permit No. NCO039446 Linville Resorts WWTP Avery County ar Permittee: A review of the August 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent pH (00400) 8/21/2016 6 0 Daily Minimum Not Reached 001 Effluent pH (00400) 8/24/2016 6 0 Daily Minimum Not Reached Monitoring Violations . Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Chlorine,Total Residual (50060) 8/27/2016 2 X week Frequency Violation Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 'If the above parameter for Chlorine was left off'inadvertently , please send amended EDMRs within 10 business d of receipt of this letter to Raleigh and also a copy to this office. It is noted that this facility has"'Composite Sampling"for several parameters. Please begin entering the 'Composite Sampling Time" using the 24-Hour Clock and the*'Total Composite Time"in Hours on the EDMR. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Scott Vasgaard/ ORC G:\WR\WQ\Avery\Wastewater\Minors\Linville Resorts 39446\NOV-2017-LM-0023.rtf ROY COOPER Governor MICHAEL S.REGAN Secretary- S.JAY ZIMMERMAN Water.Resources Director Environmental Quality March 24, 2017 Jewell King PO Box 1324 Old Fort,NC 28762 SUBJECT: Compliance Evaluation Inspection 377 Huskins Branch Road Permit No:NCG551238 McDowell County Dear Ms. King: Thank you for sampling your effluent for the parameters required under your permit,NCG551238. Your facility is now in compliance with your permit,because the results of your effluent sampling are within your permit limits. Please remember that the effluent needs to be sampled for BOD, Total Suspended Solids,Fecal Coliform Bacteria,and Total Residual Chlorine once every year. If you have any questions, please call me at 828-296-4658 or send me an email at Daniel.boss@ncdenr.gov. Sincerely, i Daniel J Boss Environmental Specialist Asheville Regional Office cc: MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\McDowell\Wastewater\General\NCG55 SFR\King,Jewell\CEI.2.23.2017\Compliance letter 3-24-2017.docx State of North Carolina Environmental Quality I Water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 828-2964500 0sk - Certified Mail # 7015 1520 0003 5463 3173 Return Receipt Requested March 24, 2017 Matthew Klein Carolina Water Service Inc of North Carolina PO Box 240908 Charlotte, NC 28224 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0194 Permit No. NC0036684 Bent Creek WWTP Buncombe County Dear Permittee: ._ .A review of the.November.2016 Discharge--Monitoring Report (DMR) for the subject fac�l�t)r reuea�e�l.th violation(s) indicated below: Limit Exceedance Violation(sh: Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Coliform, Fecal MF, MFC Broth, 11/29/2016 400 1,140 Daily Maximum Exceeded 44.5 C(31616) 001 Effluent Solids,Total Suspended- 11/29/2016 45 59 Daily Maximum Exceeded Concentration (C0530) 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 NPDES 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. State of North Carolina Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you wish to provide additional information regarding the noted violation, request technical assistance, or f\ discuss overall compliance please respond in writing within ten (lD business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). You,will then be notified of any civil penalties that maybe 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. Reminder: Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\Buncombe\Wastewater\Minis\CWS-Bent Creek(Utilities Inc)36684\N0V-N0I-20I7-LV-0194.rtf ... _k rye �yy s., EIM � k Certified Mail # 7015 1520 0003 5463 3159 Return Receipt Requested March 24, 2017. Tim Barth, Town Manager Town of Columbus PO Box 146 Columbus, NC 28722 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2017-MV-0039 Permit No. NCO021369 Columbus WWTP Polk County Dear Permittee: A review of the September=2016. Discharge Monitoring Report.(DMR) for the subject facility revealed the violation(s) indicated below: Monitoring Violation(s): Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Chlorine,Total Residual (50060) 9/3/2016 2 X week Frequency Violation 001 Effluent Chlorine,Total Residual (50060) 9/17/2016 2 X week Frequency Violation If the above parameter was left off inadvertently, please send amended eDMRs within 10 business days of receipt of this letter to Raleigh and also a copy to this office. Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a MW continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial r-onstruction activities, then you may wish to consider applying for a Special Order by Consent (SOC). State of North Carolina Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you have any questions concerning this matter or to apply for an SOC, please contact Janet Cantwell of the \ Asheville Regional Officeat 828-296-4500. \ Sincerely, \ G. Landon Davidson, P.G., Regional Supe or Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Jason Phillips/ORC :1WR\WQ\Polk\Wastewater�Municipal`Columbus WWTP 21369\NOV-2017-MV-0039.rtf .:. Certified Mail # 7015 1520 0003 5463 3166 Return Receipt Requested March 24, 2017 Joey Cupp Pilot Travel Centers LLC 5508 Lonas Rd Knoxville, TN 37909-3221 SUBJECT: NOTICE OF VIOLATION Tracking Number:. NOV-2017-MV-0040 Permit No. NCO086053 Pilot Travel Center #393 WWTP Haywood County Dear Permittee: A review of the-July 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Monitoring Violation(s . Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Oil &Grease(00556) 7/30/2016 Weekly Frequency Violation Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If the above parameter was left off inadvertently, please send amended DMRs within 10 business days of receipt of this letter to Raleigh and also a copy to this office. i State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you have an � Y y questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Environmental Inc./ ORC G:\WR\WQ\Haywood\Wastewater\Minors\Pilot Travel Center 86053\NOV-2017-MV-0040.rtf ROY COOPER Governor M:ICHAEL S.BEGAN Secretary S.JAY ZIMMERM.AN Director March 27,2017 Alan Schabilion Emerald Village Inc PO Box 98 Little Switzerland,NC 28749 SUBJECT: Compliance Evaluation Inspection Emerald Village Gem Mine Permit No: WQ0006406 Mitchell County Dear Mr. Schabilion: Enclosed please find a copy of the Compliance Evaluation Inspection Form from the inspection conducted on 3/22/2017. The facility was found to be in compliance with permit WQ0006406. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff -,have any questions,please call me at 828-296-4500. -Sincerely, Beverly Price Environmental Senior Specialist Enclosure: Inspection Report cc: MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\Mitehell\Wastewater\Non-discharge\Emerald Village Inc\CEI.03.22.2017.docx State of North Carolina Environmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 828 296 4500 l/__ \_ �� State of North Carolina Department of Environmental Quality Division of Water Resources Water Quality Permitting Regional Staff Report March 27, 2017 To: DWR Water Quality Permitting Section Central Office Application No.: W00006406 Attn: David Goodrich Regional Login No.: From: Bev Price Asheville Regional Office I. GENERAL SITE VISIT INFORMATION 1. Was a site visit conducted? ®Yes or❑No a. Date of site visit: 3/22/2017 b. Site visit conducted by: Bev Price C. Inspection report attached? ®Yes or❑No d. Person contacted: Alan Schabilion,Owner and their contact information: (828)765-6463 e. Driving directions: Hwy.226-A to Little Switzerland Take Crabtree Road to McKinney Mine Rd.(left). Facility is located on the left approximately 2.5 miles on McKinney Mine Road. \ PROPOSED FACILITIES FOR NEW AND MODIFICATION APPLICATIONS 1. Facility Classification: (Please attach completed rating sheet to be attached to issued permit) 2. Are the new treatment facilities,adequate for the type of waste and disposal system? ❑Yes or❑No If no, explain:._ 3. Are site conditions(soils, depth to water table,etc)consistent with the submitted reports? ❑Yes❑No❑N/A If no,please explain: 4. Do the plans and site map represent the actual site(property lines,wells, etc.)? ❑Yes ❑No❑N/A If no,please explain: 5. Is the proposed residuals management plan adequate? ❑Yes❑No❑N/A If no,please explain: 6. Are the proposed application rates(e.g.,hydraulic;nutrient)acceptable? ❑Yes ❑No ❑N/A If no,please explain: 7. Are there any setback conflicts for proposed treatment, storage and disposal sites? ❑Yes or❑No If yes,attach a map showing conflict areas. 8. Is the proposed or existing groundwater monitoring program adequate? ❑Yes ❑No.F]N/A If no,explain and recommend any changes to the groundwater monitoring program: 9. For residuals,will seasonal or other restrictions be required? ❑Yes❑No ❑N/A If yes, attach list of sites with restrictions(Certification B) FORM:APSRSR 04-10 Page 1 of 3 III.EXISTING FACILITIES FOR MODIFICATION AND RENEWAL APPLICATIONS 1. Are there appropriately certified Operators in Charge(ORCs)for the facility?❑Yes ❑No®N/A ORC: Certificate#: Backup ORC: Certificate#: 2 Are the design,maintenance and operation of the treatment facilities adequate for the type of waste and disposal system? ®Yes or❑No If no,please explain: 3. Are the site conditions(e.g., soils,topography,depth to water table, etc)maintained appropriately and adequately assimilating the waste? ❑Yes or❑No N/A If no,please,explain: 4. Has the site changed in any way that may affect the permit(e.g.,drainage added,new wells inside the compliance boundary,new development,etc.)? ❑Yes or Z No If yes,please explain: 5. Is the residuals management plan adequate? ®Yes or❑No If no,please explain: 6. Are the existing application rates(e.g.,hydraulic,nutrient)still acceptable?❑Yes or❑No N/A If no,please explain: 7. Is the existing groundwater monitoring program adequate? ❑Yes❑No ®N/A If no,explain and recommend any changes to the groundwater monitoring program: 8. Are there any setback conflicts for existing treatment,storage and disposal sites? ❑Yes or❑No If yes,attach a map showing conflict areas. There are no setbacks listed in the current permit 9. Is the description of the facilities as written in the existing permit correct? Z Yes or❑No If no,please explain: See comments in Section V. ; 10. Were monitoring wells properly constructed and located? ❑Yes[]No Z N/A If no,please explain: 11. Are the monitoring well coordinates correct in BIMS? ❑Yes❑No Z N/A If no,please complete the following(ex and table if necessary): Monitoring Well- Latitude Longitude 0 l It 0 , 11 0 1 „ 0 I I/ 0 / „ .0 / It 0 , „ 0 , rr 0 , I/ _ 0 I p 12. Has a review of all self-monitoring data been conducted(e.g.,NDMR,NDAR,GW)? ❑Yes or❑No N/A Please summarize any findings resulting from this review: 13. Are there any permit changes needed in order to address ongoing BIMS violations? ❑Yes or®No If yes,please explain: 14. Check all that apply: ®No compliance issues ❑ Current enforcement action(s) ❑ Currently under JOC ❑Notice(s)of violation ❑Currently under SOC ❑ Currently under moratorium Please explain and attach any documents that may help clarify answer/comments(i.e.,NOV,NOD, eta.) 15. Have all compliance dates/conditions in the existing permit been satisfied? ❑Yes ❑No ®N/A If no,please explain: � ) FORM:APSRSR 04-10 Page 2 of 3 16. Are there any issues related to compliance/enforcement that should be resolved before issuing this permit? ❑Yes ®No ❑N/A If yes,please explain: IV.REGIONAL OFFICE RECOMMENDATIONS 1. Do you foresee any problems with issuance/renewal of this permit? ❑Yes or®No If yes,please explain: 2. List any items that you would like APS Central Office to obtain through an additional information request: Item Reason 3. List specific permit conditions recommended to be removed from the permit when issued: Condition Reason 4. List specific special conditions or compliance schedules recommended to be included in the permit when issued: Condition Reason 5. Recommendation: ❑ Hold,pending receipt and review of additional information by regional office ® Hold,pending review of draft permit by regional office ❑Issue upon receipt of needed additional information ❑Issue ❑Deny(Please state easons. ) 6. Signature of report preparers L Signature o regional supervisor: Date: C t V. ADDITIONAL REGIONAL STAFF REVIEW ITEMS This is a recycle system serving a tourist gem mine. The system consists of two inorganic solids settling ponds in series. The first settling pond is located directly below the flumes. The water in the first pond infiltrates into the ground or during heavy rainfall will overflow into the second settling pond. The second pond(larger of the two),has a freeboard marker. Freeboard was approximately 4 feet at the time of the inspection. There are no chemicals added to the water used in this system. Residuals removed from the settling basins are reincorporated in the saleable buckets along with mineral gem stone material. FORM:APSRSR 04-10 Page 3 of 3 _.. �'�\_/ ,�,i Compliance Inspection Report Permit: WQ0006406 Effective: 01/19/07 Expiration: 12/31/15 Owner: Emerald Village Inc SOC: Effective: Expiration: Facility: Emerald Village Gem Mine PO Box 98 County: Mitchell Region: Asheville Little Switzerland NC 28749 Contact Person: Alan Schabilion Title: President Phone: 828-765-6463 Directions to Facility: Hwy.226-A to Little Switzerland.Take Crabtree Creek Road to McKinney Mine Rd.(left).Facility is located on the left approximately 2.5 miles on McKinney Mine Road. System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): 24 hour contact name Alan Schabilion 828-765-6463 On-site representative Alan Schabilion 828-765-6463 Related Permits: Inspection Date: 03/22/2-017 Entry Time: 10:OOAM Exit Time: 10:45AM Primary Inspector: Beverly Price 's Phone: 828-296-4500 Secondary Inspector(s): Mikal Willmer 0+s> Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Closed-Loop Recycle Facility Status: . Compliant Not Compliant Question Areas: Miscellaneous Questions . Record Keeping (See attachment summary) Page: 1 Permit: WQ0006406 Owner-Facility:Emerald Village Inc Inspection Date: 03/22/2017 Inspection Type:Compliance Evaluation Reason for Visit: Routine Inspection Summary: The inspection was conducted by Beverly Price and Mikal Willmer of the Asheville Regional Office. Mr.Alan Schabilion assisted with the inspection. The compliance inspection is in conjunction with the request for renewal. The facility appears to be operating within permit conditions. The system serves a small tourist gem mine. The recycle system consists of two inorganic solids settling ponds in series.The first settling pond is located directly below the flumes. The water in this pond infiltrates into the ground or during heavy rainfall will overflow into the second settling pond. The second pond(larger of the two), has a freeboard marker. Freeboard was approximately 4 feet at the time of inspection. There are no chemical additions to the water used in this system. Source water is from Burnett Branch. Page: 2 Permit: WQ0006406 Owner-Facility:Emerald Village Inc Inspection Date: 03/22/2017 Inspection Type:Compliance Evaluation Reason for Visit: Routine Record Keeping Yes No NA NE Is a copy of current permit available? ® ❑ ❑ ❑ Are monitoring reports present: NDMR? ❑ ❑ ! ❑ NDAR? ❑ ❑ ❑ Are flow rates less than of permitted flow? EJ ❑ 0 El Are flow rates less than of permitted flow? El ❑ ® ❑ Are application rates adhered to? ❑ ❑ Is GW monitoring being conducted,if required(GW-59s submitted)? ❑ ❑ ■ ❑ Are all samples analyzed for all required parameters? ❑ ❑ ■ ❑ Are there any 2L GW quality violations? ❑ ❑ ❑ Is GW-59A certification form completed for facility? ❑ ❑ ® ❑ Is effluent sampled for same parameters as.GW? ❑ ❑ Do effluent concentrations exceed GW standards? ❑ ❑ ■ ❑ Are annual soil reports available? ❑ ❑ ■ ❑ #Are PAN records required? ❑ ❑ ■ ❑ #Did last soil report indicate a need for lime? ❑ ❑ ■ ❑ If so,has it been applied? ❑ ❑ Are operational logs present? ❑ ❑ ❑ Are lab sheets available for review? ❑ ❑ ■ ❑ Do lab sheets support data reported on NDMR? -- ❑ ❑ ® ❑ Do lab sheets support data reported on GW-59s? ❑ ❑ M ❑ Are Operational and Maintenance records present? M ❑ ❑ ❑ Were Operational and Maintenance records complete? ❑ ❑ ❑ Has permittee been free of public complaints in last 12 months? M ❑ ❑ ❑ Is a copy of the SOC readily available? E] ❑ 0 ❑ No treatment units bypassed since last inspection? ❑ ❑ ❑ Comment: Type Yes No NA NE Infiltration System Reuse(Quality) ❑ Single Family Spray,LR ❑ Activated Sludge Spray, LR ❑ Lagoon Spray,LR ❑ Page: 3 Permit: WQ0006406 - Owner-Facility:Emerald Village Inc In Date: 03/22/2017 Inspection Type:Compliance Evaluation Reason for Visit: Routine Type Yes No NA NE Activated Sludge Drip,LR Activated Sludge Spray,HR Single Family Drip ❑ Recycle/Reuse Page: 4 ROY COO PER Governor MICHAEL S.REGAN Secretary S.JAY ZIMMERMAN Water Resources Director Environmental Quality March 27, 2017 DWR# 16-0916-V2 Buncombe County Lausch REI, LLC Attn: Erin Lausch 518 Spencer Mull Road Penrose,NC 28766 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Lausch S/D Dear Ms. Lausch: You have our approval for the impacts listed below for the purpose described in your permit modification application dated February 17,2017, and received by the Division of Water Resources (Division) on February 21, 2017. These impacts are covered by the attached Water Quality General Certification Number 4086 and 4092 with additional conditions listed below. This certification is associated with the use of Nationwide Permit Number 12 and 18 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding.with your project, including those required by (but not-limited to)'-Sediment and Erosion Centro ,Trion-Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s)or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or(c)] Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Stream Impact Impact S 1 105 (linear feet) 20 (linear feet) Impact S2 Wetlands Impact W l 0.097 (acres) State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 828-296-4500 Lausch S/D DWR# 16-0916 V2 401 Approval Page 2 of 4 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certification(s) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. Stormwater Management Plan (SMP)Approval from the City of Asheville Required. You are required to provide one copy of the approved SMP, including plan details, with proof of the City of Asheville's approval. The approved SMP shall be submitted to the DWR 401 &Buffer Permitting Unit (1617 Mail Service Center, Raleigh,NC 27699-1617)before any impacts authorized in this certification occur. After it is approved and submitted to the Division,the SMP may not be modified without prior written authorization from the City of Asheville. If the SMP is modified in the future, then you shall provide one modified SMP with proof of approval to the DWR 401 &Buffer Permitting Unit prior to the commencement of the modifications. [15A NCAC 02H .0506(b)(5)] 4. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and(c)(3) and 15A NCAC 02B .0200 (3)(f)] 5. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small animals. [15A NCAC 02H .0506(b)(2)] 6. All temporary impacted areas will be restored to pre-construction natural conditions upon completion of the project.Native vegetation shall be used for wetland and stream bank stabilization. [15A NCAC 02H .0506 (b)(2) and(c)(2)] 7. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants,hydraulic fluids or other potential toxic chemicals.. In the event of a hydrocarbon or chemical spill,the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Asheville Regional Office at 828.296.4500 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Lausch S/D DWR# 16-0916 V2 401 Approval Page 3 of 4 This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty (60)calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000 for information. A;petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH' during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919)431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One(1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,NC 27699-1601 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Zan Price at 828-296-4662 or zan.price(a)ncdenr.gov if you have any questions or concerns. Sincerely, Zan Price, P.E.,Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 4086 and 4092 Certificate of Completion Lausch S/D DWR# 16-0916 V2 401 Approval Page 4 of 4 cc: Clement Riddle-ClearWater Environmental (via email) William Elliott_-,USACE Asheville Regulatory Field Office (via email) Andrea Leslie-NCWRC (via email) City of Asheville Stormwater Services(via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit(via email) G:\WR\WQ\Buncombe\401s\Non-DOT\Lausch Subdivision\V2\APRVL.Lausch SD V2 3.27.2017.docx OPII MIL �, � m xt . Certified Mail # 7015 1520 0003 5463 3197 Return Receipt Requested March 27, 2017 Gary P Carlson , Fletcher Academy Inc 185 Fletcher Academy Dr Fletcher, NC 28732 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0205 Permit No. NCO036641 Fletcher Academy WWTP Henderson County .ar Permittee: A review of the September 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): - Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD, 5-Day(20 Deg. C) - 9/8/2016 45 56.9 Daily Maximum Exceeded Concentration (C0310) 001 Effluent Coliform, Fecal MF, MFC Broth, 9/22/2016 400 600 Daily Maximum Exceeded 44.5 C (31616) 001 Effluent BOD, 5-Day(20 Deg. C) - 9/30/2016 30 47.75 Monthly Average Exceeded Concentration (C0310) 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 NPDES 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. State of North Carolina Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 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 information provided on the submitted Discharge Monitoring Report(s). 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. Reminder: Pursuant to Permit Condition 6 in.Section E,the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section ' Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit Enforcement File James &James Environmental/'ORC G:\WR\WQ\Henderson\Wastewater\Minors\Fletcher Academy 36641\N0V-N0I-2017-LV-0205.rtr ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY'ZIMMERMAN Wow ResourcesDirector March 28,2017 Walter Rumble 90 Walnut Ln. Robbinsville,NC 28771 SUBJECT: Wastewater Treatment System Information Graham County,NC Dear Mr. Rumbler Before pursuing an Individual NPDES Discharge Permit with the NC Division of Water Resources, you will need to have an Engineering Alternatives Analysis (EAA) completed.I have attached the EAA Guidance Document for your review. You are required to explore all non- discharge options available since the goal of the Clean Water Act is to reduce and eliminate discharges to waters of the State. The application for anon-discharge wastewater irrigation permit is attached. If during the EAA it is determined your property is unsuitable for any combination of non- discharging systems, then you can pursue an individual discharge permit with our Division -(application attached). Please`be aware, not all waters are suited to receive treated wastewater, discharges. It is beneficial to determine if a discharging system will be allowed based on stream flow restrictions, classifications, impairments and other water quality criteria listed in the EAA Guidance Document. If you have any questions, please feel free to contact me at 828-296-4686 or by email at mikal.willmer@ncdenr.gov. Sincerely, 7 Mikal Willmer Environmental Specialist Asheville Regional Office State of North Carolina I Environmental Quality I water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 Enclosure:`Engineering Alternatives Analysis Guidance Document NPDES Application:NC-Form D(Privately Owned-100%Domestic Waste) Wastewater Irrigation Systems Instructions for Form WWIS 06-16 Wastewater Irrigation Systems Form:WWIS 06-16 ROY COOPER {Governor MICHAEL S. REGAN SecreIar}, S. JAY ZIMMERMAN . Director March 28,2017 Joy Garland,Town Administrator Town of Clyde PO Box 386 Clyde,NC 28721 SUBJECT: Compliance Evaluation Inspection Clyde Collection System Permit No: WQCS00259 Haywood County Dear Ms. Garland: On March 20, 2017,Dan Boss and I conducted a Compliance Evaluation Inspection of the Town of Clyde's Wastewater Collection System. Based on records reviewed, on-site visits to system components and discussions with staff, the Wastewater Collection System was determined to be in compliance with permit WQCS00259.An inspection report is attached for your records with findings summarized.The collection system appears to be well maintained and operated.The following items were noted during the inspection: • SSOs below the reportable threshold are not being kept on file.It is recommended the Town of Clyde create and implement a system for tracking SSOs below the reportable threshold.Permit Condition III(2)requires adequate records pertaining to SSOs be maintained for a minimum of three years. • Continue to populate the Utility Cloud mapping program for the collection system. • Consider adapting PERCS provided maintenance log templates for use by Collection System staff. The assistance of Erick Ohliger during the inspection was greatly appreciated. If there are any questions or additional information is needed,please feel free to contact me at 828-296-4500 or by email at mikal.willmer@ncdenr.gov.Please refer to the enclosed inspection report for additional observations and recommendations. Sincerely, dam, Mikal'Wi er Environmental Specialist Asheville Regional Office State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 Enclosed:Inspection Report cc: Erick Ohliger,ORC MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\Haywood\Collection Systems\Clyde WQCS00259\Inspection March 20,2017\CEI letter 3-20-2017.doo( Compliance Inspection Report Permit: WQCS00259 Effective: 02/01/16 Expiration: 01/31/24 Owner`. Town of Clyde SOC: Effective: Expiration: Facility: Clyde Collection System PO Box 386 County: Haywood Region: Asheville Clyde NC 28721 Contact Person: Jerry Walker Title: Phone: 828-627-2566 Directions to Facility: System Classifications: CS1, Primary ORC: Erick A Ohliger Certification: 995292 Phone: 828-276-6323 Secondary ORC(s): On-Site Representative(s): Related Permits: NCO025321 Town of Waynesville-Waynesville WWTP ,'^-'\Jnspection Date: 03/15/2017 Entry Time: 10:OOAM Exit Time: 12:OOPM /Primary Inspector: Mikal Wilimerj � Phone: 828-296-4686 Secondary Inspectors): Daniel J Boss -. - RQas®ri`fbr9nspectibn: _ Routine Inspection Type: Collection System Inspect Non Sampling Permit Inspection Type: Collection system management and operation Facility Status: ■ Compliant Not Compliant Question Areas: Miscellaneous Questions Performance Standards ■ Operation&Maint Reqmts Records ■ Monitoring&Rpting Reqmts Inspections Pump Station Manhole Lines (See attachment summary) Page: 1 Permit: WQCS00259 Owner-Facility:Town of Clyde Inspection Date: 03/15/2017 Inspection Type;Collection System Inspect Non Sampling Reason for Visit: Routine Inspection Summary: Inspectors Mika[Willmer and Dan Boss with the Asheville Regional Office conducted a Compliance Evaluation Inspection of the Town of Clyde's Collection System on March 20,2017. ORC, Erick Ohliger,was present and assisted in the inspection. Clyde's collection system is approximately 60 years old.The Town has replaced several of the terracotta lines within the system.They recently received grant funding to replace the main line leading to the pump station along the Pigeon River. Line replacement has helped reduce surges in flow due to W by almost 200,000 gallons.The implementation of the Utility Cloud system allows collection system staff to update their system map as needed and allows them to instantly access system information. Overall the system is being very well maintained.The collection system staff take a proactive approach to preventing SSOs. They have taken steps to educate the public about reporting signs of problems within the system.The staff check manholes and high priority lines weekly to determine what areas require maintenance. Currently SSOs below the reportable threshold are not being kept on file. It is recommended the Town of Clyde create and implement a system for tracking SSOs below the reportable threshold. Permit Condition I11(2)requires adequate records pertaining to SSOs be maintained for a minimum of three years. The PERCS provided maintenance log templates can be used and edited to fit the needs of each system. It is recommended collection system permittees review these logs and their permit conditions to determine if additional maintenance records are needed. Page: 2 Permit: WQCS00259 Owner-facility:Town of Clyde Inspection Date: 03/15/2017 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine Inspections Yes No NA NE Are maintenance records for sewer lines available? ® ❑ ❑ Are records available that document pump station inspections? ® ❑ ❑ ❑ Are SCADA or telemetry equipped pump stations inspected at least once a week? ® ❑ ❑ ❑ Are non-SCADA/telemetry equipped pump stations inspected every day? ❑ ❑ ■ ❑ Are records available that document citizen complaints? ® ❑ ❑ ❑ #Do you have a system to conduct an annual observation of entire system? ® ❑ ❑ ❑ #Has there been an observation of remote areas in the last year? ❑ ❑ ® ❑ Are records available that document inspections of high-priority lines? ® ❑ ❑ ❑ Has there been visual inspections of high-priority lines in last six months? N. ❑ ❑ ❑ Comment: Lift Station is inspected daily. Citizen complaints are recorded and maintained at Town Hall.The high priority lines are inspected weekly, along with manholes throughout the system. Monitoring and Reporting Requirements yes No NA NE Are copies of required press releases and distribution lists available? E ❑ ❑ ❑ Are public notices and proof of publication available? ❑ ❑ . ❑ / #Is an annual report being prepared in accordance with G.S.143-215.1 C? N ❑ ❑ ❑ #Is permittee compliant with all compliance schedules in the permits? ❑ ❑ 0 ❑ If no,which one(s)? Comment: Town uses the Code Red system for any needed alerts or press releases. There is also the town newsletter available to all residents. Operation&Maintenance Requirements Yes No NA NE Are all log books available? E ❑ ❑ ❑ Does supervisor review all log books on a regular basis? 0 ❑ El ❑ Does the supervisor have plans to address documented short-term problem areas? E ❑ ❑ ❑ What is the schedule for reviewing inspection,maintenance,&operations logs and problem areas? ORC reviews logbooks at least once a month.The Collection System staff proactively check manholes on a weekly basis.If any problems are observed,they try to resolve the issue immediately.The collection system staff have educated citizens about reporting at the first sign of an issue in their commercial or residential plumbing. Are maintenance records for equipment available? 0 11 ❑ ❑ Is a schedule maintained for testing emergency/standby equipment? 0 ❑ ❑ ❑ What is the schedule for testing emergency/standby equipment? Weekly-Monday Mornings Do pump station logs include: Page: 3 Permit: WQCS00259 Owner-Facility:Town of Clyde Inspection Date: 03/15/2017 . Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine Operation&Maintenance Requirements Yes No NA NE Inside and outside cleaning and debris removal? ® El 0 El Inspecting and exercising all valves? 0 El El0 Inspecting and lubricating pumps and other equipment? ® [1 0 El Inspecting alarms,telemetry and auxiliary equipment? ® El Is there at least one spare pump for each pump station w/o pump reliability? El 0 ■ El Are maintenance records for right-of-ways available? ® � Are right-of-ways currently accessible in the event of an emergency? Are system cleaning records available? ® F1 Has at least 10%of system been cleaned annually? ® � What areas are scheduled for cleaning in the next 12 months? All right-of-ways are accessible.There are currently no remote locations within Clyde Town Limits.ORC does not currently keep a record of right-of-way maintenance. Is a Spill Response Action Plan available? ® El 0 El Does the plan include: 24-hour contact numbers 0 El El El Response time El El Equipment list and spare parts inventory El EJ �- Access to cleaning equipment . El El 0 Access to construction crews,contractors,and/or engineers ® � Source of emergency-funds ❑ -❑ El Site sanitation and cleanup materials Post-overflow/spill assessment ■ Is a Spill Response Action Plan available for all personnel? . El El 0 Is the spare parts inventory adequate? ®' Comment: Spill Response Plan is very thorough and contains all emergency contacts Spare parts for lift station Dumps and valves are available Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? ■ El 00 What educational tools are used? All new customers receive a collection system educational pamphlet.These pamphlets are also mailed to customers.The Town of Clyde posts a newsletter on their website.The Town recently discussed updating the educational pamphlet this year(the update may include disposable wipes). Is Sewer Use Ordinance/Legal Authority available? ® El El El Does it appear that the Sewer Use Ordinance is enforced? ■ Is Grease Trap Ordinance available? ■ Page: 4 Permit: WQCS00259 owner-Facility:Town of Clyde Inspection Date: 03/15/2017 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine Performance Standards Yes No NA NE Is Septic Tank Ordinance available(as applicable,i.e.annexation) ❑ ® ❑ List enforcement actions by permittee,if any,in the last 12 months ORC states there are no septic tanks within Town limits. Has an acceptable Capital Improvement Plan(CIP)been implemented? ® ❑ El 1:1 Does CIP address short term needs and long term\"master plan\"concepts? ® ❑ ❑ ❑ Does CIP cover three to five year period? ® ❑ ❑ ❑ Does CIP include Goal Statement? ■ ❑ El El Does CIP include description of project area? ® ❑ ❑ ❑ Does CIP include description of existing facilities? ® ❑ ❑ Does CIP include known deficiencies? ® ❑ ❑ El Does CIP include forecasted future needs? ® ❑ ❑ ❑ Is CIP designated only for wastewater collection and treatment? ® EJ ❑ ❑ Approximate capital improvement budget for collection system? Total annual revenue for wastewater collection and treatment? CIP Comments r ,The CIP covers until 2021.Part of the collection system CIP includes line replacements(currently several have been completed and are scheduled).Looking into sharing costs of a VAC truck with neighboring municipalities.Clyde currently uses MSD's VAC truck when needed. Amended CIP for collection system in April 2016 to include additional system rehabilitation projects. Is system free of known points of bypass? ❑ ❑ El describe type of bypass and location Is a 24-hour notification sign posted at ALL pump stations? ■ ❑ ❑ ❑ #Does the sign include: Instructions for notification? M ❑ El 0 Pump station identifier? ■ ❑ ❑ ❑ 24-hour contact numbers ❑ ❑ ❑ If no,list deficient pump stations #Do ALL pump stations have an"auto polling"feature/SCADA? M ❑ ❑ ❑ 1 Number of pump stations 1 Number of pump stations that have SCADA 0 Number of pump stations that have simple telemetry Number of pump stations that have only audible and visual alarms 0 Number of pump stations that do not meet permit requirements 0 #Does the permittee have a root control program? 0 ❑ ❑ ❑ #If yes,date implemented? Describe: Page: 5 Permit: WQCS00259 Owner-Facility:Town of Clyde Inspection Date: 03/15/2017 Inspection Type;Collection System Inspect Non Sampling Reason for Visit: Routine Performance Standards Yes No NA NE Comment: Have four new bits to aid in cleaning out lines Root issues are not the main problem Experience more Issues from raps and disposable wipes Records Yes No NA NE Are adequate records of all SSOs,spills and complaints available? ® ❑ ❑ ❑ Are records of SSOs that are under the reportable threshold available? ❑ ® ❑On Do spill records indicate repeated overflows(2 or more in 12 months)at same location? ❑ ❑ ® ❑ If yes,is there a corrective action plan? ❑ ❑ ® ❑ Is a map of the system available? ® ❑ ❑ Does the map include: Pipe sizes ® ❑ ❑ ❑ Pipe materials ® ❑ ❑ ❑ Pipe location ® ❑ ❑ ❑ Flow direction ® ❑ ❑ EJ Approximate pipe age ® ❑ ❑ ❑ \`J Number of service taps ❑ M ❑ ❑ Pump stations and capacity ■ ❑ ❑ ❑ If no,what percent is complete? 90 List any modifications and extensions that need to be added to the map - -- The Town of Clyde is using the Utility Cloud program to monitor their water and sewer system.The ORC has been locating and manually entering all connections to the system to finish populating the map. #Does the permittee have a copy of their permit? ❑ ❑ Comment: Permit is kept on file_There is currently no system in place for recording and maintaining SSOs below the reportable threshold BROAD ST. MH - Manhole Yes No NA NE Is manhole accessible? ❑ ❑ ❑ #Is manhole cover/vent above grade? ❑ ■ ❑ ❑ Is the manhole free of visible signs of overflow? ■ ❑ ❑ ❑ Is the manhole free of sinkholes and depressions? ■ ❑ ❑ ❑ Is manhole cover present? . ❑ ❑ ❑ #Is manhole properly seated? . ❑ El ❑ #Is manhole in good condition? ■ ❑ ❑ #Is invert in good condition? ❑ ❑ ❑ � Page: 6 Permit: WQCS00259 Owner-Facility:Town of Clyde Inspection Date: 03/15/2017 Inspection Type;Collection System Inspect Non Sampling Reason for Visit: Routine BROAD ST. MH - Manhole Yes No NA NE Is line free-flowing and unrestricted in manhole? ❑ ❑ ❑ Is manhole free of excessive amounts of grease? ■ ❑ ❑ ❑ Is manhole free of excessive roots? • ❑ ❑ ❑ Is manhole free of excessive sand? ® ❑ ❑ ❑ Is manhole's extended vent screened? ❑ ❑ ❑ Are vents free of submergence? ❑ ❑ ® ❑ Are manholes free of bypass structures or pipes? ® ❑ ❑ ❑ Comment: At grade Manhole in excellent condition and free of obstructions. HYDER MOUNTAIN RD. - Hyder Mountain Rd.west of town Pump Station Yes No NA NE Pump station type Duplex Are pump station logs available? • ❑ ❑ ❑ Is it accessible in all weather conditions? 0 El ❑ ❑ #Is general housekeeping acceptable? ® ❑ ❑ ❑ /l Are all pumps present? ■ ❑ El ❑ Are all pumps operable? ® ❑ ❑ ❑ Are wet wells free of excessive debris? M ❑ ❑ Are upstream manholes free of excessive debris/signs of overflow? NO ❑ ❑ Are floats/controls for pumps/alarms operable Is"auto polling"feature/SCADA present? ❑ ❑ ❑ Is"auto polling"feature/SCADA operational? N ❑ ❑ ❑ Is simple telemetry present? ❑ ❑ ❑ Is simple telemetry operational? ❑ ❑ E ❑ Are audio and visual alarms present? E ❑ ❑ ❑ Are audio and visual alarms operable? ■ ❑ ❑ ❑ Is the Pump station inspected as required? E ❑ ❑ ❑ Are backflow devices in place? ❑ ❑ ❑ Are backflow devices operable? ❑ Are air relief valves in place? 0 ❑ ❑ ❑ Are air relief valves operable? ❑ ❑ ❑ # Is an emergency generator available? ❑ ❑ ❑ Can the emergency generator run the pumps? 0 ❑ ❑ El J' Is the pump station equipped for quick hook-up? ❑ ❑ E ❑ Is the generator operable? ■ ❑ ❑ ❑ Page: 7 Permit: WQCS00259 Owner-Facility:Town of Clyde Inspection Date: 03/15/2017 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine HYDER MOUNTAIN RD. - Hyder Mountain Rd.west of town Pump Station Yes No NA NE #Is fuel in tank and sufficient? El El El Is the generator inspected according to their schedule? ® � Is a 24-hour notification sign posted? ® � Does it include: Instructions for notification? ■ Pump station identifier? 0 El ® � Emergency phone number Is public access limited? ■ El 0 Is pump station free of overflow piping? ® E] El 0 Is the pump station free of signs of overflow? Are run times comparable for multiple pumps? yes Comment: Pump Station rebuilt 2 Y years ago Installed Vaughan chopper pumps in wet well Collection System staff have only had to pull the pumps twice since thev were installed over two years ago Wet well Is cleaned about every month Can pet back up pumps fairly ouickly Pump run times were at 147,149& 146,890 during the inspection SCADA system on pump station will alert ORC. If ORC does not respond the Clvde Polic Department is alerted HYDER MOUNTAIN-MH - Manhole Yes No NA NE Is manhole accessible? ® � #Is manhole cover/vent above grade?'--- El 0 00 Is the manhole free of visible signs of overflow? ® El Is the manhole free of sinkholes and depressions? ■ El El 0 Is manhole cover present? ® 11 El n #Is manhole properly seated? i #Is manhole in good condition? ■ El El 0 #Is invert in good condition? . El D El Is line free-flowing and unrestricted in manhole? ■ Is manhole free of excessive amounts of grease? ■ Is manhole free of excessive roots? . Is manhole free of excessive sand? El Is manhole's extended vent screened? El Are vents free of submergence? El ■ El Are manholes free of bypass structures or pipes? - ■ Comment: At-grade. The manhole had some sediment but was free of obstructions in the invert This manhole is checked freauentiv since the grade of the pipe is not optimal Page: 8 Permit: WQCS00259 Owner-Facility:Town of Clyde Inspection Date: 03/15/2017 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine MAIN ST. MH - Manhole Yes No NA NE Is manhole accessible? ® � #Is manhole cover/vent above grade? ® � Is the manhole free of visible signs of overflow? ® EJ ❑ El Is the manhole free of sinkholes and depressions? ® El n El Is manhole cover present? ® El El #Is manhole properly seated? ® 1:1 El n #Is manhole in good condition? ® El El 1:1 #Is invert in good condition? ■ Is line free-flowing and unrestricted in manhole? El 0 n EI Is manhole free of excessive amounts of grease? E n Is manhole free of excessive roots? ® El El El Is manhole free of excessive sand? 0 n El n Is manhole's extended vent screened? El n 0 El Are vents free of submergence? EJ El ® 1 Are manholes free of bypass structures or pipes? ® El El 1-1 ,Comment: Pipe was clogged by rags and disposable wipes ORC removed clop with shovel and was going to have the manhole cleaned out as soon as possible Flow resumed unrestricted once the debris was removed. SHOOK ST. MH - Manhole Yes No NA NE Is manhole accessible? N 0 #Is manhole cover/vent above grade? ❑ . Is the manhole free of visible signs of overflow? ■ Is the manhole free of sinkholes and depressions? ■ El 11 Is manhole cover present? ■ ❑ #Is manhole properly seated? N El El 1:1 #Is manhole in good condition? M El El 0 #Is invert in good condition? ■ El El El Is line free-flowing and unrestricted in manhole? 0 E Is manhole free of excessive amounts of grease? ■ El n E Is manhole free of excessive roots? 0 Is manhole free of excessive sand? Is manhole's extended vent screened? Are vents free of submergence? El El 0 Page: 9 Permit: WQCS00259 Owner-Facility:Town of Clyde Inspection Date: 03/15/2017 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine SHOOK ST. MH _ Manhole Yes No NA NE Are manholes free of bypass structures or pipes? 0 El El 0 Comment: At grade. Located near the edqe of town Some corrosion within manhole but inverts appeared to be In good shape and free flowing_ Page: 10 ROY COOPER Governor MICHAEL S.REGAN Secretary S.JAY ZIMMERMAN Water Resources Director Environmental Quality March 28, 2017 Jeffrey Dale &Donna Campbell 145 Winners Circle Clyde,NC 28721 Subject: Incident Closure Best Ln—Scott Campbell NOV-2017-SS-0001 Haywood County Dear Mr. and Mrs. Campbell: The Division of Water Resources conducted a site inspection of the subject property on March 24,2017,related to the Notice of Violation and Recommendation for Enforcement NOV-2017- SS-0001. The written response and restoration activities performed have satisfactorily resolved the violations noted in the subject Notice of Violation and Recommendation for Enforcement. Your attention and cooperation is greatly appreciated. Should you have any questions regarding this matter or other water quality issues or concerns,please contact me at(828)296-4650 or kevin mitchell@ncdenr. ov. Sincerely, Kevin Mitchell Environmental Specialist Water Quality Regional Operations Asheville Regional Office cc: David Brown—USACE (email) Marc Pruett—Haywood County(email) ARO File Copy G:\WR\WQ\Haywood\Complaints\201602280 68 Best Ln\CLO.NOV-SS-0001_Scott Campbell.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 828-296-4500 �� \J, ROY COOPER x Governor MICHAEL S.REGAN >w Secretary . S.JAY ZIMMERMAN Water Resources Director Environmental Quality March 28,2017 David Haeffner 50 Sand Hill Road Asheville,NC 28806-3029 Subject: Stream Identification Request Dear Mr.Haeffner: This letter provides the findings of a site visit to Buncombe County Parcel Identification Numbers 963 8- 04-8655 and 9638-04-9608 at 50 Sand Hill Road in Asheville,NC conducted on March 27,2017 to provide a stream determination. The stream feature is shown as a blue line on the Buncombe County GIS website(see attached maps). The results of the stream determination are as follows: Features Score Comments Geomorphology 4.5 Hydrology 2 Biology 4 Total 10.5 Ephemeral Determination: Stream Determination This- n-site detenninati�In shall�expiie five(5)years from the date of this letter. Landowners or affected parties that dispute a determination made by the Division of Water Resources(DWR)may request a determination by the Director. An appeal request must be made within sixty(60)days of date of this letter. A request for a determination by the Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Karen Higgins;DWR—401 &Buffer Permitting Unit; 1617 Mail Service Center;Raleigh,NC 27699-1617. If sending via delivery service(UPS,FedEx, etc.):Karen Higgins;DWR—401 &Buffer Permitting Unit; 512 N. Salisbury Street;Raleigh,NC 27604. This determination is final and binding unless, as detailed above, an appeal is requested within sixty(60) days. "Ot cdi State of North Carolina j Environmental Quality I Water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 828-296-4500 Please contact me if I can be of any further assistance: 828-296-4650 or kevin.mitchefl@ncdenr.gov. Sincerely, Kevin Mitchell-Environmental Specialist—Asheville Regional Office Water Quality Regional Operation Section NCDEQ—Division of Water Resources Enclosures: Buncombe County GIS Map cc: beach@beachhensleyhomes.com GAWR\WQ\Buncombe\Stream Calls\50 Sand Hill Road\Stream Determination 50 Sand Hill Road.docx \\ i ..._..... .._.. PIN 9638-04-8655 50 Sand Hill mo N r.: 9 _ t �i 3 1:1,128 March 27, 2017 0 0.0075 0.015 0.03 mi 0 0.015 0.03 0.06 km - - PIN 9638-04-9608 50 Sand Hill a ryT((gg X fiI H LLB 3 7- w�. March 27, 2017 1:1,128 0 0.0075 0.015 0.03 mi 0 0.015 0.03 0.06 km __ __ __ -- __ ��, i ,, ,� ✓; ROY COOPER Governor MICHAEL S.REGAN Secretary S.JAY ZIMMERMAN Water Resources Director Environmental Quality March 28, 2017 CWS Systems, Inc. 2335 Sanders Rd. Northbrook, IL 60062 CWS Systems, Inc. Attn: Tony Konsul,Regional Manager, Western NC &TN Utilities, Inc. 5701 Westpark Drive, Suite 101 Charlotte,NC 28217 Subject: Incident Closure NOV-2016-SS-0013 Jackson County Dear CWS Systems Inc.: The Division of Water Resources has received the final report dated January 6,2017 that includes completed corrective measures identified in a remediation plan dated August 16,2016 and amended September 14,2016,related to the subject Notice of Violation. The written response, sediment removal, and stabilization efforts performed have satisfactorily resolved the violations noted in the subject Notice of Violation. Your attention and cooperation is greatly appreciated. Should you have any questions regarding this matter or other water quality issues or concerns,please contact me at(828)296-4662 or zan.price(a.nederingov. Sincerely, an Price,P.E.,Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 828-296-4500 Eagle Ridge Reservoir DWR#2016-SS-0013 NOV Closure Page 2 of 2 cc: Clement Riddle C1earWater Environmental Consultants,Inc (via email) Karen Higgins—401 &Buffer Permitting Unit(via email) Andrea Leslie=NCWRC(via email) Stan Aiken Division of Energy,Mineral, and Land Resources(via email) Steve Beasley-Jackson County(via email) DWR ARO File Copy G:\WR\WQ\Jackson\Complaints\Eagle Ridge Reservoir Site\CLO.EagleRidgeReservoir.2016-SS-0013.03-27-17.docx ROY COOPER h Goverl7or r MICHAEL S. REGAN &cretaw - S.JAY ZIMMERMAN Director Waterkesources ENVIRONMENTAL QUALITY March 28, 2017 Dan Harbaugh, Executive Director Tuckaseigee Water&Sewer Authority 1246 West Main Street Sylva, NC,28779 Subject: Permit No.WQ0039112 Tuckaseigee Water&Sewer Authority Stephen Arch Force Main Wastewater Collection System Extension Permit Swain County Dear Mr. Harbaugh: In accordance with your application received March 14, 2017, we are forwarding herewith Permit No. WQ0039112 dated March 28, 2017, to the Tuckaseigee Water & Sewer Authority (Permittee) for the construction and operation upon certification of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein.This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition 11.1: This permit shall not be automatically transferable; a request must be made and approved. Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. It shall be the responsibility of the Permittee to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made,this permit shall be final and binding. 2090 U.S.70 Highway,swannanoa,NC 28778 Phone:828-296-4500\Internet:www.ncwaterauality.ora An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper Tuckaseigee Water&Sewer Authority Permit No.WQ0039112 If you need;additional information concerning this matter, please contact Tim Heim at(828)296-4500 or, , via e-mail at tim.heim@ncdenr.gov. Sincerely, for S.Jay Zimmerman, P.G. Director, Division of Water Resources G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ enclosure: Operational Agreement(if required) cc: William A.Stillwell, P.E. - Stillwell Engineering(electronic copy) Regional Office Files Water Resources Central Files PERCS(electronic copy) G:\WR\WQ\Swain\Collection Systems\Gravity sewers\WQ0039112.docx Page 2 of 9 } Eny1ronmentaafx Quality WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,and other applicable Laws, Rules,and Regulations, permission is hereby granted to the Tuckaseigee Water&Sewer Authority Swain County for the construction and operation of approximately 255 linear feet of 1.5-inch force main to serve a two-bedroom residence as part of the Stephen Arch Force Main project, and the discharge of 240 gallons per day of collected domestic wastewater into the Tuckaseigee Water & Sewer Authority's existing sewerage system, pursuant to the application received March 14, 2017 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently'filed and r approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. for S.Jay Zimmerman, P.G. Director, Division of Water Resources By Authority of The Environmental Management Commission Permit Number: WQ0039112 Permit Issued: March 28,2017 Page 3of9 SUPPLEMENT TO PERMIT COVER SHEET Tuckaseigee Water & Sewer Authority is hereby authorized to: Construct,and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the Whittier Wastewater Treatment Facility in accordance with Permit Number NC0087602. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T;the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North.Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions identified below. I.STANDARD CONDITIONS 1. This permit shall not be transferable. in the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. [15A NCAC 02T.0104;G.S 143-215.1(d3)] 2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance-with tie conditions of this permit; 15A NCAC 2T;the Division's Gravity Sewer Minimum Design Criteria adopted February 12,'1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. [15A NCAC 02T.0110] 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. [15A NCAC 02T.0110] 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required,the following performance criteria shall be met: [15A NCAC 02T.0108(b)]: a. The sewer 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. b. A map of the sewer system shall be developed and shall be actively maintained. Page 4 of 9 c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented; d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute§143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require 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 sewer systems. 2. For privately owned collection systems, the Grease Control Program shall include at least bi- annual distribution of grease education materials to users of the collection system by the _permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of.this-Subparagraph if necessary to prevent grease-related sanitary sewer overflows." L Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs(a) through (i) of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. 5. The Permittee shall report by telephone to a water resources staff member at the Asheville Regional Office, telephone number (828)296-4500, as soon as possible, but in no case more than 24 hours, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage,etc.;or b. Any SSO and/or spill over 1,000 gallons; or c. Any SSO and/or spill, regardless of volume,that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) Page 5 of 9 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. [G.S. 143 215.1C(a1)] 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. [15A NCAC 02T.0108(b)] 7. Upon completion of construction and prior to operation of these permitted facilities,the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are - provided as applicable. Supporting documentation shall include the following: a. . One copy of the project construction record drawings (plan & profile views of sewer lines & force mains) of the wastewater collection system extension. Final record drawings should be clear-on tho plans or.-on digital media (C or -:are de:fEne�l:.as tlte,;design_drav�ings _. that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc. b. One copy of the supporting applicable design calculations including pipe and pump sizing, velocity, pump cycle times, and level control settings, pump station buoyancy, wet well storage, surge protection, detention time in the wet well, and force main, ability to flush low points in force mains with a pump cycle, and downstream sewer capacity analysis. If a portable power source or pump is dedicated to multiple stations, an evaluation of all the pump stations'storage capacities and the rotation schedule of the portable power source or pump, include travel timeframes, shall be provided. c. Changes to the project that do not result in non-compliance with this permit, regulations, or the Minimum Design Criteria should be clearly identified on the record drawings,on the certification in the space provided, or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non-compliance with this permit (including pipe length increases of 10% or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the number/type of connections), regulations, or the Minimum Design Criteria. Requested >' Page 6 of 9 modifications or variances to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After-construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification &activation. [15A NCAC 02T.0116] 8. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined, a slope variance can be requested from the Division with firm supporting documentation. This shall be done through a permit modification with fee. Such variance requests will be evaluated on a case-by-case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification. [ 15A NCAC 02T.0105(n)] 9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. [15A NCAC 02T.0116] 10. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, , and/or referral of the North Carolina-licensed Professional Engineer to the Licensing board. [15A NCAC 02T.0104; 15A NCAC 02T.0108(b-c)] 11. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement faci.lities,.[15A N.CAC 02T.0110;15A NCAC:02T.0.103(b)-1 12. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by the Division any other Federal, State, or Local government agencies which have jurisdiction or obtaining other permits which maybe required by the Division or any other Federal, State,of Local government agencies. [G.S. 143-215.1(b)] Page 7 of 9 [THIS PAGE INTENTIALLY LEFT BLANK] Page 8 of 9 FAST TRACK SEWER ENGINEERING CERTIFICATION PERMITTEE: TUCKASEIGEE WATER&SEWER AUTHORITY PERMIT#: WQ0039112 PROJECT: STEPHEN ARCH FORCE MAIN ISSUE DATE: March 28, 2017 This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the.Division has received this Certification and all required supporting documentation. It should be submitted in a manner that documents the Division's receipt. Send the required documentation the Regional Supervisor, Water Quality Regional Operations Section at the address at the bottom. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up until a final certification is received. A Final Certification shall be a complete set of record drawings and design calculations regardless of whether partials have been submitted. PERMITTEE'S CERTIFICATION I,the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name,Title Signature Date ENGINEERS CERTIFICATION as a duly registered Professional Enginc*erJn the State of`iiorth Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the Stephen Arch Force Main and location as referenced above for the above Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Resources' (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1,2000 as applicable; and other supporting materials. :......................................................................... North Carolina Professional Engineer's Seal w/signature &date: ❑ Final ❑ Partial (include description) Certification Comments/Qualifiers (attach if necessary): NC DWR—Water Quality Regional Operations Section 2090 US Hwy 70,Swannanoa, NC 28778 Asheville Regional Office Phone: (828)-296-4500 FAX: (828)-299-7043 ROY COOPER GGovernor MICHAEL S.REGAN Secretary S.JAY ZIMMERMAN Water Resources Director Environmental Quality March 28, 2017 Crane-Resistoflex Attn: James W. Freeman 1 Quality Way Marion,NC 28752 SUBJECT: Compliance Evaluation Inspection Crane-Resistoflex Permit No:NCG500616 McDowell County Dear Mr. Freeman: Enclosed please find a copy of the Compliance Evaluation Inspection Form from the inspection conducted on 3/14/2017. Your facility was found to be non-compliant. The types of wastewater being discharged from the outfalls (002 and 003) are not covered by your General Permit NCG500616. The wastewater from these sources needs to be discharged to the Marion sewer - system or an Individual Wastewater NPDES Permit needs to be acquired. Please respond back to me in writing by April 21, 2017 with your plans. You can call me at 828-296-4658 or send me an email at daniel.boss@ncdenr.gov if you have any questions. Please refer to the enclosed inspection report for additional observations and comments. Sincerely, Daniel J. Boss Environmental Specialist Asheville Regional Office Enclosed: Inspection Form cc: MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\McDowell\Wastewater\General\NCG 50\Crane Resistoflex\CEI.3.14.2017\Insp Letter 3-15-2017.docx State of North Carolina[Environmental Quality 1 Water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 828-296-4500 .,.\ �� �� /%� �\\_� . �\ `-�./ i United States Environmental Protection Agency Form Approved. E P/�r/1 Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN ( 2 15 1 3 I NCG500616 �11 12 17/03/14 17 18 f -I 19 l S 20I 211 1 1 1 1 11J I I I I 11 I1 I I 1 I I I I I I I I I I I I I I I I I I I I 1 L I I I r6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA Reserved - 67 70) I 71 1 1 72 L N � 731 1 174 75 80 LJ Section B:Facility Data L-1 I I 1 Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:OOAM 17/03/14 16/04/25 Crane Resistoflex Exit Time/Date Permit Expiration.Date 1 Quality Way 11:50AM 17/03/14 20/07/31 Marion NC 28752 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted -MawW&6+iemeetk,1 Quality Way Marion NC 28752// 287249469 Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) �.Fermit Operations&Maintenanc€ Records!Reports E Self-Monitoring Program Facility Site Review Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Daniel J Boss P 6 ARO WQ//828-296-4658/ 7 Mikal Willmar MV- ARO WQ//828-296-4686/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date \' EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# NPDES yr/nno/day Inspection Type 1 ` 3 NCG500616 I1 12 17/03/14 17 18 L-1 (Cont.) l. l Section D:Summary of Finding/Comments(Attach additional sheetsof narrative and checklists as necessary) - I (Dan Boss)and Mikal Willmer conducted a Compliance Evaluation Inspection at Crane-Resistoflex in Marion, NC on 3/14/2017. James Freeman guided us through the facility during the inspection. Resistoflex staff indicated that the non-contact cooling water system has been replaced by chillers which do not discharge. The boiler blowdown,water is now discharged to the Marion sewer system. Looking over their test results performed by Pace Analytical, it was clear that Resistoflex was still, discharging water into the outfalls. Most of the effluent tests for Total Residual Chlorine exceeded the 50 micrograms/L compliance limit. According to Mr. Freeman,the only discharges that they have to the outfalls besides storm water comes from hydrostatic testing of pipes and contact cooling water. The wastewater from these systems needs to be plumbed to the Marion sewer or Crane-Resistoflex needs to apply for an Individual Wastewater NPDES Permit. Contact the City of Marion sanitary sewer staff regarding the discharge of this additional water to their system. Page# 2 Permit: NCG500616 Owner-Facility: Crane Resistoflex Inspection Date: 03/14/2017 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ ® ❑ application? Is the facility as described in the permit? ❑ ® ❑ El #Are there any special conditions for the permit? ❑ ❑ ❑ Is access to the plant site restricted to the general public? 0 ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ❑ ❑ El Comment: Permit NCG500616 applies to non-contact cooling water,which is a different type of discharge than what is being currently discharged. Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? M ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable ❑ ❑ ■ ❑ Solids, pH, DO, Sludge Judge,and other that are applicable? Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ ❑ ■ ❑ Is storage appropriate for cylinders? ❑ ❑ ❑ #Is de-chIDrsnation:sut;stance _to:ead awayfrom chlorine containers? ❑ ❑ ] Comment: Are the tablets the proper size and type? ❑ ❑ Are tablet de-chlorinators operational? ❑ ❑ ❑ Number of tubes in use? 0 Comment: dechlorinator is at outfall#4,which is not in use Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ 0 ❑ Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ❑ ❑ ❑ Page# 3 Permit: NCG500616 Owner-Facility: Crane Resistoflex Inspection Date: 03/14/2017 Inspection Type: Compliance Evaluation Effluent Sampling Yes No NA NE Is sample collected below all treatment units? ❑ ® ❑ Is proper volume collected? ❑ ❑ N El Is the tubing clean? El ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees ❑ Celsius)? Is the facility sampling performed as required by the permit(frequency,sampling type ® ❑ ❑ ❑ representative)? Comment: See Summary. Upstream/Downstream Sampling Yes No NA NE' Is the facility sampling performed as required by the permit(frequency,sampling type,and ® ❑ ❑ ❑ sampling location)? Comment: Page# 4 ROY COOPER Governor MICHAEL S.REGAN Secretory S.JAY ZIMMERMAN Water Res0urces Direetor Environmental Quality March 28, 2017 Steve Avery 83 Carefree Circle Sapphire,NC 28774 SUBJECT: Compliance Evaluation Inspection 83 Carefree Circle Permit No.NCG551100 Jackson County Dear Mr. Avery: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on 3/27/2017. The facility was found to be not compliant with permit NCG551100 because the annual effluent sampling requirements have not been met. The effluent needs to be sampled and tested by a certified laboratory for BOD,Total Suspended Solids,and Fecal Coliform Bacteria. Please contact me when this action has been taken. You can call me at 828-296-4658 or send me an email at Daniel.boss@ncdenr.gov. Please refer to the enclosed inspection report for additional observations and comments. Thank you, Daniel J. Boss Environmental Specialist Asheville Regional Office cc: MSC 1617-Central Files-Basement Asheville Files G:\WR\WQVackson\Wastewater\General\NCG55 SFR\NCG551100,Avery,Talbot\Compliance Inspection Letter.docx State of North Carolina Environmental Quality I Water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 828-296-4500 ,,\ �� - - �� h\.:- �.._/� i __ ____ ---- -._. United States Environmental Protection Agency Form Approved. EPA Q Washington,D.C.20460 OMB No.2040-0057 "\ �1 Water Compliance Inspection Report Approval expires s=31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 u 3 ' NCG551100 I11 12 17/03/27 17 18 Ld 19 I s 201 211 -1 1 1 1 1 1 1 1 1 H I I I 1 I I I ( 1 1 1 1 1 1 1 1 t I I I I I I I I I LI66 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA — --Reserved I ' ' '- 67 70L_j 71L_j 72 �, 73' I74 75� _I��180 Section B:Facility Data LJ LJJ Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:30AM 17/03/27 13/08/01 83 Carefree Circle Exit Time/Date Permit Expiration Date 83 Carefree Cir 1115AM 17/03/27 18/07/31 Sapphire NC 28774 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data N/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Jon F Ebert,5270 Tamarind Ridge Dr Naples FL 34119/// Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Pe ntlt ® Operations&Maintenance M Self-Monitoring Program Facility Site Review Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers y Date/J Daniel J Boss p ARO WQ//828-296-4658/ Signature of Mapagem t Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 (Cont.) 3 NCG551100 I11 12 17/03/27 17 181,, Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) I (Dan Boss)conducted a Compliance Evaluation Inspection at 83 Carefree Circle in Jackson County on 3/27/2017. The owner, Steve Avery,was present for the inspection. The facility consists of a septic tank,4 peat modules, a pump station, and UV disinfection. Overall the appearance of the facility was clean and well maintained. i could not determine if the UV disinfection bulb was working or not. A fecal coliform test should reveal the functionality of it. The pumps and alarms were tested by Mr.Avery during the inspection and all were found to be operational. Mr.Avery was not aware of the sampling requirements, but now plans to get the required sampling and lab tests performed. Page# 2 Permit: NCG551100 owner-Facility: 83 Carefree Circle Inspection Date: 03/27/2017 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ ® ❑ application? Is the facility as described in the permit? ® ❑ ❑ #Are there any special conditions for the permit? _ ❑ ❑ Is access to the plant site restricted to the general public? ❑ ❑ Is the inspector granted access to all areas for inspection? ® ❑ ❑ ❑ Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable ❑ ❑ ® ❑ Solids, pH, DO, Sludge Judge,and other that are applicable? Comment: Septic Tank Yes No NA NE (If pumps are used)Is an audible and visual alarm operational? ® ❑ ❑ ❑ Is septic tank pumped on a schedule? ❑ ❑ ❑ Are pumps or syphons operating properly? ® ❑ ❑ ❑ Are high and low water alarms operating properly? . ❑ ,E'] ❑ Comment: Owners have only lived in the home for about 3 months full time. Disinfection -UV Yes No NA NE Are extra UV bulbs available on site? ❑ ❑ ❑ Are UV bulbs clean? ❑ ❑ ❑ Is UV intensity adequate? ❑ ❑ ❑ Is transmittance at or above designed level? ❑ ❑ ❑ 0 Is there a backup system on site? ❑ ❑ ❑ Is effluent clear and free of solids? ❑ ❑ ❑ Comment: There is no backup system to the UV disinfection on site. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? • ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ! ❑ Page# 3 Permit: NCG551100 Owner-Facility: 93 Carefree Circle Inspection Date: 03/27/2017 Inspection Type: Compliance Evaluation Effluent Pipe Yes No NA NE Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? El D 0 El Is sample collected below all treatment units? El ❑ M ❑ Is proper volume collected? ❑ ❑ ® ❑ Is the tubing clean? ❑ ® ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees ❑ ❑ ■ ❑ Celsius)? Is the facility sampling performed as required by the permit(frequency,sampling type ❑ ® ❑ ❑ representative)? Comment: Mr.Avery was not aware of the annual sampling requirements Page# 4 ROY COOPER (governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director March 28, 2017 Certified Mail#70151520 0003 5463 3968 Return Receipt Requested Jeremy Messer 171 Utah Mountain Rd. Waynesville,NC 28785 SUBJECT: Follow-Up Compliance Evaluation Inspection NOV-2017-PC-0032 171 Utah Mountain Rd. Permit No: NCG5500298 Haywood County,NC Dear Mr. Messer: On March 16, 2017, I conducted a Follow-Up Compliance Evaluation Inspection (CEI) of the Single Family Residence (SFR) wastewater treatment system located at 171 Utah Mountain Rd. This inspection was conducted to ascertain what corrective actions have been taken to bring the wastewater treatment system back into compliance with,General Permit NCG550000 since the issuance of the Notice of Violation (NOV-2017-PC-0032). A copy of the inspection report is enclosed. To date, the Asheville Regional Office (ARO) has not received a written response detailing your plans for bringing the system back into compliance. During the inspection, there still appeared to be some ponding on the bank above Garrett Creek. The effluent pipe has not been repaired or exposed. Scheduled maintenance of the septic tank was discussed during a phone conversation with you on February 17, 2017, however,the ARO has not received verification of the work. Please submit the following items to the ARO within the next 15 days: • A copy of receipts or documentation of septic tank maintenance • Plans, with a timeline, for bringing the system back into compliance If you have any questions or wish to discuss corrective action, please feel free to contact me at 828-296-4686 or by email at mikal.willmer@ncdenr.gov. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 Sincerely, Mikal Williner Environmental Specialist Asheville Regional Office Enclosure:Inspection Report cc: MSC 1617-Central Files WQ Asheville Files G:\WR\WQ\Haywood\Wastewater\General\NCG55 SFR\NCG550298\Follow-up Inspection March 16,2017\CEI Letter 3-16- 17.docx United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires'B-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 U 3 I NCG550298 111 12 17/03/16 17 18 JCJ 19 ' 20I Li 21111111 111111111111111111 1111111 11111111111 166 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 CIA -Reserved 671 I 70 L_j 71 I ' 72 L N 1 731 I (74 751 1 1 1 1 ( 1 180 Section B:Facility Data I I 1 Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:10AM 17/03/16 13/08/01 171 Utah Mountain Road Exit Time/Date Permit Expiration Date 171 Utah Mtn Rd 10:30AM 17/03/16 18/07/31 Waynesville NC 28786 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Jeremey Messer,171 Utah Mtn Rd Waynesville NC 28786M Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Pet tit Operations&Maintenance Self-Monitoring Piogram Effli ent/6e�eiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Mikal Willmar ARO WQ/828-296-4686/ a a 7�_: Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (Cont.) 3 NGG559298 I1 2 17/03/16 17 18 1,1 Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Mikal Willmer,with the Asheville Regional Office (ARO), conducted a Follow-Up Compliance Evaluation Inspection of the Single Family Residence(SFR)wastewater treatment system located at 171 Utah Mountain Rd on March 16, 2017. This inspection was conducted to determine what corrective actions have been taken since the issuance of NOV-2017-PC-0032.ARO personnel were unable to contact and meet onsite with the permittee, Jeremy Messer.Two messages were left for Mr. Messer prior to the inspection to discuss corrective actions taken to address the NOV-NOI items.On February 17, 2017 Mr. Messer informed DWR he was having the septic tank pumped and an effluent filter installed the next day. He also agreed to locate the effluent pipe so the discharge could be easily observed. No answer at the door during the inspection. The septic tank was exposed on the left side of the garage.There still appeared to be ponding on the ground near the stream bank and the effluent pipe has not been repaired and/or exposed. Unable to determine characteristics of the ponding since the area was partially frozen. As of 03/16/2017,the ARO has only received a verbal response to the NOV-NOI sent to the permittee. A written response, containing septic receipts and planned actions for bringing the system back into compliance,was requested from the permittee during a phone conversation on 02/17/2017. Please submit the following to the ARO within the next 15 days: *Documentation and/or receipts of recent septic tank maintenance *Plans,with a timeline, for bringing the system back into compliance \'J Page# 2 Permit: NCG550298 Owner-Facility: 171 Utah Mountain Road Inspection Date: 03/16/2017 Inspection Type: Compliance Evaluation Operations $ Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ❑ ® ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable ❑ ❑ ® ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: There still appears to be ponding on the bank above Garrett Creek. Effluent pipe is still not visible. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ ■ ❑ application? Is the facility as described in the permit? ® ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ❑ ❑ Is access to the plant site restricted to the general public? ❑ ❑ ® ❑ Is the inspector granted access to all areas for inspection? ® ❑ ❑ ❑ Comment: This is a follow-up inspection to check on the status of the deficiencies listed on NOV-2017-PC-0032 (NOI)sent on 01/27/2017 Owner believed system was ok and only septic needed to be pumped. Septic Tank Yes No NA NE (If pumps are used)Is an audible and visual alarm operational? ❑ ❑ N ❑ Is septic tank pumped on a schedule? N ❑ ❑ ❑ Are pumps ors bans o crating y _ _ YP p. Proper) ,... _ ❑ ® ® ❑' Are high and low water alarms operating properly? ❑ ❑ ❑ Comment: Septic tank was scheduled to be pumped 02/18/2017 and an effluent filter was going to be installed The septic tank was exposed on the left side of the garage during the inspection. There were no apparent leaks around the tank at the time of the inspection. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ❑ 0 ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ N ❑ Comment: There still appeared to be ponding on the ground above Garrett Creek. There were two white PVC pipes laving near the creek Unsure if these are going to be used to repair the effluent pipe for the system. Page# 3 Won ,F 1 _14P Certified Mail # 7015 1520 0003 5463 3203 Return Receipt Requested March 28, 2017 Gary P Carlson Fletcher Academy Inc 185 Fletcher Academy Dr Fletcher, NC 28732 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0208 Permit No. NCO036641 Fletcher Academy WWTP Henderson County Dear Permittee: _A rc�9ie�a of:t;` e:October 2016=Discharge Monitgrie Report-(DMR) for_the subject facility revealed the violation( } indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 10/4/2016 45 59.5 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day(20 Deg. C) - 10/31/2016 30 40.77 Monthly Average Exceeded Concentration (C0310) 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 NPDES 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. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 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 information provided on the submitted Discharge f Monitoring Report(s). 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. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, - .m k G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office- Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File James &James Environmental/ ORC G:\WR\WQ\Henderson\Wastevvater'kminors\Fletcher Academy 36641\NOV-NOT-2017-LV-0208.rtf �O �C1P1 �F. 77 Certified Mail# 7015 1520 0003 5463 3227 Return Receipt Requested March 28, 2017 Lawrence Ponder, Mayor Town of Marshall PO Box 548 Marshall, NC 28753-0548 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-MV-0045 Permit No. NCO021733 Marshall WVVTP Madison County Dear Permittee: _.A review_of the SeatembeE,2016-Disc ha ge Monitoring Report-(DMR)for the qub; ct facility re+f a'€�d t violation(s) indicated below: Monitoring Violation(s): Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Nitrogen,Total - Concentration 9/30/2016 Quarterly Frequency Violation (C0600) 001 Effluent Phosphorus,Total (as P) - 9/30/2016 Quarterly Frequency Violation Concentration (C0665) 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 NPDES 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. State of North Carolina Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 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 information provided on the submitted Discharge 9 Monitoring Report(s). 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 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. Reminder: Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter or to apply for an SOC, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, r G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office ° itviot�`of`Water Rosoices NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Byers Environmental/ORC G:\WR\WQ\Madison\Wastewater\Municipal\Marshall WWTA 217.33\N0V-N0I-20.17-MV-0045Af ROY COOPER Governor MICHAEL S. REGAN Secretarj, S. JAY ZIMMERMAN Director March 28, 2017 Nathan Clark, Town Manager Town of Maggie Valley 3987 Soco Rd. Maggie Valley,NC 28751 SUBJECT: Compliance Evaluation Inspection Maggie Valley WWTP Permit No: NCO056561 Haywood County Dear Mr. Clark: On March 21, 2017, I conducted a Compliance Evaluation Inspection of the Individual NPDES Discharge Permit that serves the Maggie Valley WWTP. Based on records reviewed, discussions with staff and the on-site evaluation,the system was determined to be in compliance with Permit No.NC0056561. The system and its components appear to be well maintained and operated. The assistance of Mike Mehaffey, Mike Corbin and Seth Boyd was greatly appreciated. Please refer-to the enclosed inspection report for additional observations and recommendations. If there are any questions or additional information is needed,please feel free to contact me at 828-296- 4500 or by email at mikal.willmer@ncdenr.gov. Sincerely, Mikal Wi er Environmental Specialist Asheville Regional Office Enclosure:Inspection Report cc: Mike Mehaffey,ORC MSC 1617-Central Files WQ Asheville Files G:\WR\WQ\Raywood\Wastewater\Municipal\Maggie Valley WWTP 56561\lnspection March 21,2017\CEI Letter 03-21- 2017.doex State of North Carolina]Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 United States Environmental Protection Agency Form Approved. EPA P A Washington,D.C.20460 OMB No.2040-0057 G /' Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 15 1 3 I NC0056561 111 12 17/03/21 17 18 If, 19 1 20 LJ 211 11 1 1__t I I I I I I I II II III I I I I i I I I I I I IIIIIII I � 11 166 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA — Reserved 67 1 70 I I 71 u f ' 72 [ �L_l� 73I I 174 751 1 1 I I �80 L_1 Section B:Facility Data 1 I Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 01:50PM 17/03/21 12/10/01 Maggie Valley WVVfP Exit Time/Date Permit Expiration Date U S Hwy 276 N 0330PM 17/03/21 16/01/31 Maggie Valley NC 28751 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Michael Lee Mehaffey/ORC/828-400-9494/ Thomas Michael Corbin/ORC/828-926-0866/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Michael Lee Mehaffey,3987 Soco Rd Maggie Valley NC Yes 28751//828-926-0866/8299263576 Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Pori-nit - Flow Measurement Operations&Maintenance Records/Reports Self-Monitoring Program Sludge Handling Disposal Facility Site Review ® Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Mika[ Willmar ARO WQ/828-296-4686/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES ydmo/day Inspection Type 1 (Cont.) 3� NC0056561 �11 12 17/03/21 17 18 JCJ Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Mikal Willmerwith the Asheville Regional Office conducted a Compliance Evaluation Inspection of the Maggie Valley WWTP on March.21,2017. ORC, Mike Mehaffey, Backup ORC Mike Corbin and Operator Seth Boyd were present and assisted in the inspection. Overall the Maggie Valley WWTP is very well maintained.All DMR data submitted for 2016 was in compliance with Permit No. NC0056561. There were no violations,of permit conditions noted during the inspection. The WWTP plant utilizes Aero-Mod technology. ORC reports the staged aeration has helped to lower TSS, BOD and NH3 in the effluent.The plant also produces Class A sludge for distribution locally. 17 dry tons were hauled to the landfill in 2016 due to decreased demand. Page# 2 Permit: NCO056561 Owner-Facility: Maggie Valley WWTP Inspection Date: 03/21/2017 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable ® ❑ ❑ ❑ Solids,pH, DO,Sludge Judge,and other that are applicable? . Comment: Operators routinely check settleability to determine if wasting is needed. ORC states they wastes solids about every day. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ® ❑ ❑ ❑ application? Is the facility as described in the permit? ® ❑ ❑ El #Are there any special conditions for the permit? ❑ ❑ ❑ Is access to the plant site restricted to the general public? N ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ® ❑ ❑ ❑ Comment: Permit'is under review.Application was received in July of 2015. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ❑ El El Is all required information readily available,complete and current? 0 ❑ ❑ ❑ Are all records maintained for 3 years(lab.reg.required 5 years)? i ❑ ❑ ❑ Are analytical results consistent F!jft1.data:reported:on bIVIRS? ❑ . ❑ Is the chain-of-custody complete? M ❑ ❑ ❑ Dates,times and location of sampling Name of individual performing the sampling Results of analysis and calibration Dates of analysis' Name of person performing analyses Transported COCs Are DMRs complete:do they include all permit parameters? m ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? E ❑ ❑ ❑ (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator ❑ ❑ N ❑ on each shift? Is the ORC visitation log available and current? ■ ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? 0 ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? 0 ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? 0 ❑ ❑ ❑ Page# 3 Permit: NCO056561 Owner-Facility: Maggie Valley WWTP Inspection Date: 03/21/2017 Inspection Type: Compliance Evaluation Record Keeping,• Yes No NA NE Facility has copy of previous year's Annual Report on file for review? ® ❑ ❑ ❑ Comment: Magqie Valley contracts ETS for sample analysis Analytical and calibration records are stored on-site.A copy of the most recent annual report is posted in the main building of the WWTP and a copy is available on the Town's website The operator logbook is kept within the chlorine storage building for daily checks. Solids Handling Equipment Yes No NA NE Is the equipment operational? ❑ Is the chemical feed equipment operational? ® El ❑ ❑ Is storage adequate? ® ❑ ❑ ❑ Is the site free of high level of solids in filtrate from filter presses or vacuum filters? ❑ ❑ ❑ ■ Is the site free of sludge buildup on belts and/or rollers of filter press? ❑ ❑ ❑ Is the site free of excessive moisture in belt filter press sludge cake? ® ❑ ❑ ❑ The facility has an approved sludge management plan? ■ ❑ ❑ ❑ Comment: The belt filter press was not running during the inspection Maggie Valley staff indicated the filter press is only run once a week. ORC stated the%TS of the sludge before lime stabilization is usually 20-30%and 60-80%after lime stabilization Produce Class A sludge for distribution. Bar Screens Yes No NA NE Type of bar screen a.Manual ❑ b.Mechanical Are the bars adequately screening debris? ❑ ❑ ❑ Is the screen free of excessive debris? ❑ ❑ ❑ Is disposal of screening in compliance? ■ ❑ ❑ ❑ Is the unit in good condition? ❑ ❑ ❑ Comment: A step bar screen is used.There is a bypass bar screen available when the step bar screen is down for maintenance. Excess water from the screened debris is returned back to the head of the plant. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ . ❑ Are weirs level? ❑ ❑ ❑ Is the site free of weir blockage? N El ❑ ❑ Page# 4 Permit: NCO056561 Owner-Facility: Maggie Valley WWTP -___-- Inspection Date: 03/21/2017 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the site free of evidence of short-circuiting? ® ❑ ❑ ❑ Is scum removal adequate? 0 ❑ ❑ ❑ Is the site free of excessive floating sludge? ® ❑ ❑ ❑ Is the drive unit operational? ❑ ❑ ® ❑ Is the return rate acceptable(low turbulence)? ® ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑ Is the sludge blanket level acceptable?(Approximately Y4 of the sidewall depth) ■ ❑ ❑ ❑ Comment: The secondary clarifiers were clear and well maintained. No visible floating solids. RAS is mixed with the influent in the flow selector basin.Air-lift RAS pumps are used within the clarifiers. Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ® ❑ ❑ ❑ Are surface aerators and mixers operational? ❑ ❑ 0 ❑ Are the diffusers operational? ■ ❑ ❑ ❑ Is the foam the proper color for the treatment process? ❑ ❑ ❑ Does the foam cover less than 25%of the basin's surface? ® ❑ ❑ ❑ .._ Is-the-DO level acceptable? ❑ ❑ ❑ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ N Comment: Operators aim to keep 30 min settleability below 400 mL.ORC states staged aeration has •helped to significantly reduce effluent TSS.BOD and NH3. Disinfection-Gas Yes No NA NE Are cylinders secured adequately? 0 ❑ ❑ ❑ Are cylinders protected from direct sunlight? 0 ❑ ❑ ❑ Is there adequate reserve supply of disinfectant? 0 ❑ ❑ ❑ Is the level of chlorine residual acceptable? 0 ❑ ❑ ❑ Is the contact chamber free of growth, or sludge buildup? N ❑ ❑ ❑ Is there chlorine residual prior to de-chlorination? ❑ ❑ ❑ Does the Stationary Source have more than 2500 Ibs of Chlorine(CAS No.7782-50-5)? ❑ ❑ If yes,then is there a Risk Management Plan on site? ❑ ❑ ❑ If yes,then what is the EPA twelve digit ID Number?(1000- -_) If yes,then when was the RMP last updated? Page# 5 Permit: NCO056561 Owner-Facility: Maggie Valley WWTP Inspection Date: 03/21/2017 Inspection Type: Compliance Evaluation Disinfection-Gas Yes No NA NE Comment: Staff measure chlorine residual before dechlorination. Chlorine and dechlorination feeds are flow proportional. De-chlorination Yes No NA NE Type of system? Gas Is the feed ratio proportional to chlorine amount(1 to 1)? Is storage appropriate for cylinders? ® ❑ ❑ ❑ #Is de-chlorination substance stored away from chlorine containers? ® ❑ Are the tablets the proper size and type? ❑ ❑ ® ❑ Comment: Tanks are housed in separate structures on the property. Sulfur dioxide is used for dechlorination. Are tablet de-chlorinators operational? ❑ ❑ N El Number of tubes in use? Comment: Solids are removed from the chlorination/dechlorination contact basin as needed. Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? ❑ ❑ ❑ Is flow meter calibrated annually? . El ❑ ❑ Is the flow meter operational? ® ❑ _❑ El (If units are separated) Does the chart recorder match the flow meter? ❑ ❑ ■ ❑ Comment: Flow meter is calibrated annually by Thurman Horne Meter was last calibrated on 01/27/2017. Flow meter read 234 GPM at the time of the inspection A copy of the calibration record is kept on file.The WWTP had an average flow of 290,000 gallons in 2016, facility is permitted for 1 MGD. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? N ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ❑ ❑ [] If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ❑ Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ❑ ❑ ❑ Is sample collected below all treatment units? ❑ ❑ ❑ Is proper volume collected? ❑ ❑ ❑ Page# 6 Permit: NCO056561 Owner-Facility: Maggie ValleyWWTP Inspection Date: 03/21/2017 Inspection Type: Compliance Evaluation Effluent Sampling Yes No NA NE Is the tubing clean? ® ❑ ❑ ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees ® ❑ ❑ ❑ Celsius)? Is the facility sampling performed as required by the permit(frequency,sampling type ® ❑ ❑ ❑ representative)? Comment: Auto-sampler temperature was reading 3.1 °C at the time of the inspection. Standby Power Yes No NA NE Is automatically activated standby power available? i ❑ ❑ ❑ Is the generator tested by interrupting primary power source? ® ❑ ❑ ❑ Is the generator tested under load? ® ❑ ❑ ❑ Was generator tested&operational during the inspection? ❑ ® ❑ ❑ Do the generator(s)have adequate capacity to operate the entire wastewater site? ® ❑ ❑ ❑ Is there an emergency agreement with a fuel vendor for extended run on back-up power? E ❑ ❑ ❑ Is the generator fuel level monitored? ® ❑ ❑ ❑ Comment: Generator tests every Tuesday at 0800.The Town has a service contract with Startek Electric for all generator maintenance. Aerobic Digester Yes No NA NE Is the-capacity adequate?_ Is the mixing adequate? ■ ❑ ❑ El Is the site free of excessive foaming in the tank? ® ❑ ❑ #Is the odor acceptable? ■ ❑ ❑ ❑ #Is tankage available for properly waste sludge? ❑ ❑ ❑ Comment: There are currently three separate digesters with an approximate total capacity of 142,500 gallons. Page# 7 \:__/. / �... ��� /' - ��'4_ ROY COOPER 3 Governor 4�yk MICHAEL, S. REGAN ;Secretory S. JAY ZIMMERMAN Director WaterResources ENVIRONMENTAL(QUALITY March 28, 2017 Seth Hendler-Voss,Town Manager Town of Canton 58 Park Street Canton, North Carolina,28716 Subject: Permit No. WQ0039111 Town of Canton Freightliner Access Driveway Improvement Wastewater Collection System Extension Permit Haywood County Dear Mr. Hendler-Voss: In accordance with your application received March 8, 2017, we are forwarding herewith Permit No. WQ0039111 dated March 28, 2017, to the Town of Canton (Permittee) for the construction and operation upon certification of the subject wastewater collection system extension. This permit shall be -` effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition 11.1: This permit shall not be automatically transferable; a request must be made and approved. Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. it shall be the responsibility of the Permittee to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made,this permit shall be final and binding. 2090 U.S.70 Highway,Swannanoa,NC 28778 Phone:828-296-4500\Internet:www.ncwatercluality.org An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper Town of Canton \� Permit No.WQ0039111 \\\ If you need additional information concerning this matter, please contact Tim Heim at(828)296-4500 or via e-mail at tim.heim@ncdenr.gov. _ Sincerely, for S.Jay Zimmerman, P.G. Director, Division of Water Resources G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ cc: Kyle Seaman, P.E.—McGill Associates (electronic copy) Nick McCracken, ORC Evergreen Paper(Canton Mill)WWTP (electronic copy) Regional Office Files Water Resources Central Files PERCS(electronic copy) G:\WR\WQ\Haywood\Collection Systems\Canton WQCS00307\WQ0039111 Freightliner Access Driveway Imp.docx ' Page 2 of 9 NC Environmental Quality WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,and other applicable Laws, Rules,and Regulations, permission is hereby granted to the Town of Canton Haywood County for the construction and operation of approximately 390 linear feet of 8-inch gravity sewer to serve a 50 employee warehouse and car wash as part of the Freightliner Access Driveway Improvement Project, and the discharge of 2,450 gallons per day of collected domestic wastewater into the Town of Canton's existing sewerage system, pursuant to the application received March 8, 2017 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. for S.Jay Zimmerman,P.G. Director, Division of Water Resources By Authority of The Environmental Management Commission Permit Number: WQ0039111 Permit Issued: March 28,2017 Page 3 of 9 SUPPLEMENT TO PERMIT COVER SHEET Town of Canton is hereby authorized to: - Construct, and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the Evergreen Paper (Canton Mill) Wastewater Treatment Facility in accordance with Permit Number NC000272. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions and any Special Conditions identified below. I. SPECIAL CONDITIONS 1. This permit shall become voidable unless the agreement between TOWN OF CANTON and the EVERGREEN PAPER (CANTON MILL) WASTEWATER TREATMENT FACILITY for the collection and final treatment of wastewater is in full force and effect. [15A NCAC 02T.0304(h)] IL STANDARD CONDITIONS 1. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities-to chaoge ownership; or there is--a name change of the Perrnittee, a formal'perrriit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. [15A NCAC 02T.0104;G.S 143-215.1(d3)] 2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1,2000 as applicable; and other supporting materials unless specifically mentioned herein. [15A NCAC 02T.0110] 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. [15A NCAC 02T.0110] 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required,the following performance criteria shall be met: [15A NCAC 02T.0108(b)]: Page 4 of 9 a. The sewer 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. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and.public notice shall be provided as required by North Carolina General Statute§143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require 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 ertei ing;the system from other public and private satellite sewer systems. 2. For privately owned collection systems,the Grease Control Program shall include at least bi- annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. L Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a)through (i) of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. 5. The Permittee shall report by telephone to a water resources staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours, following the occurrence or first knowledge of the occurrence of either of the following: Page 5 of 9 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any SSO and/or spill over 1,000 gallons; or c. Any SSO and/or spill, regardless of volume,that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. [G.S. 143- 215.1C(a1)] 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. [15A NCAC 02T.0108(b)] 7. Upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. If the permit is issued to a private entity with an Operational Agreement,then a copy of the Xvi l s of Inc rporetion,.. Declarations/Covenants/Restrictions and bylaw- that. have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: a. One copy of the project construction record drawings (plan & profile views of sewer lines & force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc. b. One copy of the supporting applicable design calculations including pipe and pump sizing, velocity, pump cycle times, and level control settings, pump station buoyancy, wet well storage, surge protection, detention time in the wet well, and force main, ability to flush low points in force mains with a pump cycle, and downstream sewer capacity analysis. If a portable power source or pump is dedicated to multiple stations, an evaluation of all the pump stations'storage capacities and the rotation schedule of the portable power source or pump, include travel timeframes, shall be provided. \ Page 6 of 9 c. Changes to the project that do not result in non-compliance with this permit, regulations, or the Minimum Design Criteria should be clearly identified on the record drawings,on the certification in the space provided, or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non-compliance with this permit (including pipe length increases of 10% or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the number/type of connections), regulations, or the Minimum. Design Criteria. Requested modifications or variances to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After-construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification &activation. [15A NCAC 02T.0116] 8. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined,a slope variance can be requested from the Division with firm supporting documentation. This shall be done through a permit modification with fee. Such variance requests will be evaluated on a case-by-case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification. [15A NCAC 02T.0105(n)] 9. ; A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. [15A NCAC 02T.0116] 10. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an er, rri-per ent actioniby the Division, in accordance with.K rtb Carollna General.Statutes§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. [15A NCAC 02T.0104; 15A NCAC 02T.0108(b-c)] 11. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. [15A NCAC 02T.0110; 15A NCAC 02T.0108(b)] 12. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by the Division any other Federal, State, or Local government agencies which have jurisdiction or obtaining other permits which maybe required by the Division or any other Federal,State,of Local government agencies. [G.S. 143-215.1(b)] Page 7 of 9 [THIS PAGE INTENTIALLY LEFT BLANK] Page 8 of 9 FAST TRACK SEWER ENGINEERING CERTIFICATION PERMITTEE: TOWN OF CANTON PERMIT#: WQ0039111 PROJECT: FREIGHTLINER ACCESS DRIVEWAY IMPROVEMENT ISSUE DATE: March 28, 2017 This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the Division has received this Certification and all required supporting documentation. It should be submitted in a manner that documents the Division's receipt. Send the required documentation the Regional Supervisor,Water Quality Regional Operations Section at the address at the bottom. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up until a final certification is received. A Final Certification shall be a complete set of record drawings and design calculations regardless of whether partials have been submitted. PERMITTEE'S CERTIFICATION I,the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name,Title Signature Date ENGINEERS CERTIFICATION as'a duly registered Professional Engineer in the Stag of Narth Carolina; having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the Freightliner Access Driveway Improvement and location as referenced above for the above Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Resources' (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast- Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. ........................................................................ North Carolina Professional Engineer's Seal w/signature &date: ❑ Final ❑ Partial (include description) Certification Comments/Qualifiers(attach if necessary): NC DWR—Water Quality Regional Operations Section 2090 US Hwy 70,Swannanoa,NC 28778 Asheville Regional Office Phone: (828)-296-4500 FAX:(828)-299-7043 ���i _...... ,\.`_J 77 Certified Mail# 7015 1520 0003 5463 3210 Return Receipt Requested March 28, 2017 Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2017-MV-0044 Permit No. NCO059421 Sapphire Lakes Plant WWTP #1 Transylvania County Dear Permittee: A review of the September 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)_indicated below: - Monitoring Violation(s): Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Oxygen, Dissolved (DO) (00300) 9/10/2016 Weekly Frequency Violation 001 Effluent Oxygen, Dissolved(DO) (00300) 9/17/2016 Weekly Frequency Violation 001 Effluent Oxygen, Dissolved (DO) (00300) 9/24/2016 Weekly Frequency Violation Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If the above parameter was left off inadvertently, please send amended DMRs within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson,.P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Gary Norton/ ORC G:\WR\WQ\Transylvania\Wastewater\Minors\Sapphire Lakes WWTP#1 59421\NOV-2017-MV-0044.rtf ROY COOPER i I Governor t ,.. MICHAEL S.REGAN Secretary S.JAY ZIMMERMAN / Water Resources Director Environmental Quality March 29, 2017 Wayne Smith 51 Bridge St Sylva,NC 28779 SUBJECT: Compliance Evaluation Inspection Tuckaseegee RV Resort Permit No:NCO088765 Jackson County Dear Mr. Smith: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on 3/17/2017. The facility was found to be in compliance with Permit NC0088765. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions,please call me at 828-296-4658. Sincerely, Daniel J. Boss Environmental Specialist Asheville Regional Office Enclosed: Inspection Report cc: Mark Fredrick Teague, ORC MSC 1617-Central Files-Basement Asheville Files G:\WR\WQUackson\Wastewater\Minors\Tinsletown RV Park 88765\CEI.3.17.2017\Compliance Letter.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 828-296-4500 ��.� \. ._.. ,,� �--_.. �_ �.___, �C�� United States Environmental Protection Agency Form Approved. EPA /� Washington,D.C.20460 OMB No.2040-0057 G1�/'1 Water Compliance Inspection Report Approval expires8-31-96 - y Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 115 t 3 � NCO088765 I11 121 17/03M7 17 181'C 19 1 S T 201 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -Reserved — 67 70 L_j 71 L_j 72 L1 �,_1! 73I LLJ{ �74 75 1 1 1 1 80 Section B:Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:10AM 17/03/17 12/12/01 Tuckaseegee RV Resort Exit Time/Date permit Expiration Date 78 Wilmont Cemetery Rd 11:10AM 17/03/17 17/11/30 Whittier NC 28789 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Mark Fredrick Teague/ORC/828-293-9396/ Name,Address of Responsible Official/Title/Phone and Fax Number 1 Contacted Wayne Smith,51 Bridge St Sylva NC 28779//828-586-0724/8286319227 Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) ® Permit _ ®Operations&Maintenance E Self-Monitoring Program ® Facility Site Review Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Daniel J Boss ARO WQ//828-296-4658/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date J EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. t Page# 1 NPDES ydmo/day Inspection Type 31 NC0088765 11 112 17/03/17 17 118 (Cont.)�(�I LJ \� Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) I (Dan Boss)conducted a Compliance Evaluation Inspection at Tuckaseigee RV Resort in Jackson County on 3/17/2017. The ORC, Mark Teague,was present for the inspection and guided me through the facility. The facility is now compliant with Permit No. NC0088765. A significant number of distribution spray nozzles were not working during the inspection. Mark said they are being cleaned a few times per year. I recommended that he check the nozzles monthly and clean the nozzles in a pod if more than one of them is not discharging. The pump station audio alarm wasn't functioning. The visual alarm,high float, and low float were working. Both of the pumps were operational. Alarms and floats should be checked regularly and replaced immediately when found to be malfunctioning. Chlorination and dechlorination have been added to supplement the UV disinfection treatment. Both are being used in tablet form; One chlorination tube and one dechlorination tube are in use. The system has a series of several large septic tanks in series. Mark says that the septic tanks are being pumped out as needed,which is at least semi-annually. I talked to Wayne Smith (permit owner) about the back-up power system. He said that the generator was serviced last year by John Whitakind and will send me a copy of the paperwork. Effluent from the system looked clear. Effluent weir box still was not secured at the time of the inspection. Mark did get his team to put a lock on the lid later the same day though. On 3/24/17, I received a video from Environmental Inc. showing that the audio alarm had been repaired. Page# 2 Permit: NCO088765 Owner-Facility: Tuckaseegee RV Resort Inspection Date: 0 311 7/2 0 1 7 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ ® ❑ application? Is the facility as described in the permit? ® ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ❑ ® ❑ Is access to the plant site restricted to the general public? ® ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ® ❑ ❑ ❑ Comment: Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable ❑ ❑ ® ❑ Solids, pH,DO, Sludge Judge, and other that are applicable? Comment: Septic Tank Yes No NA NE (If pumps are used)Is an audible and visual alarm operational? ❑ ® ❑ ❑ Is septic tank pumped on a schedule? ® ❑ ❑ ❑. Are pumps or syphons operating properly? ® ❑ ❑ ❑ Are high and low water alarms operating properly? ❑ ❑ ❑ Comment: There is a post-septic tank pump station The audio alarm was not working. Floats and pumps were fuctional. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ® ❑ ❑ Are the tablets the proper size and type? ■ ❑ ❑ ❑ Number of tubes in use? Is the level of chlorine residual acceptable? ❑ ❑ ❑ Is the contact chamber free of growth,or sludge buildup? ❑ ❑ ❑ ■ Is there chlorine residual prior to de-chlorination? ❑ ❑ ❑ . Comment: Disinfection -UV Yes No NA NE Are extra UV bulbs available on site? ❑ ❑ ❑ Are UV bulbs clean? ❑ ❑ ❑ Page# 3 Permit: NCO088765 Owner-Facility: Tuckaseegee RV Resort Inspection Date: D3/17/2017 Inspection Type: Compliance Evaluation Disinfection -UV Yes No NA NE ' Is UV intensity adequate? ❑ ❑ ❑ Is transmittance at or above designed level? ❑ ❑ ❑ Is there a backup system on site? ® ❑ ❑ ❑ Is effluent clear and free of solids? ® ❑ ❑ Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ ❑ ® ❑ Is storage appropriate for cylinders? ❑ ❑ ® ❑ #Is de-chlorination substance stored away from chlorine containers? ❑ ❑ ® ❑ Comment: Are the tablets the proper size and type? ® ❑ ❑ ❑ Are tablet de-chlorinators operational? ® ❑ ❑ , Number of tubes in use? 1 Comment: Effluent Sampling Yes No NA NE Is composite sampling'fl6W proport�ai? - Is sample collected below all treatment units? ® ❑ ❑ ❑ Is proper volume collected? ❑ ❑ ❑ Is the tubing clean? ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees ❑ ❑ 0 ❑ Celsius)? Is the facility sampling performed as required by the permit(frequency,sampling type ■ ❑ ❑ ❑ representative)? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ® ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ® ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ Comment: Page# 4 ROY COOPER Governor MICHAEL S.REGAN S'ecretary S.JAY ZIMMERMAN Director March 29, 2017 Keith E Hoilman Town of Newland PO Box 429 Newland,NC 28657 SUBJECT: Compliance Evaluation Inspection Newland WWTP Permit No:NCO021857 Avery County Dear Mr. Hoilman: Enclosed please find a copy of the Compliance Evaluation Inspection Form from the inspection conducted on 3/23/2017. The facility was found to be in compliance with Permit No.NC0021857. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4658. Sincerely, Daniel J. Boss Environmental Specialist Asheville Regional Office Enclosed: Inspection Report cc: Jadd Wesley Brewer, ORC MSC 1617-Central Files-Basement Asheville Files \ G:\WR\WQ\Avery\Wastewater\Municipal\Newland 21857\2017-03-23 Newland WWMcompliance letter.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 828 296 4500 \� \\ %�. .. ;...\_ �ti� ����� United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 2 u 3 19 1 I Ncoo21857 �11 12' ,i/o3/23 17 18 L'i l 201 1 21I11IIIIIIIII11IIIIIIIII1111111111II11II II166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -- - -Reserved — 67 1 70 I 71 L 72 L N G 73I I 174 751 I I I I I_ l I_1 I80 Section B:-Facility Data LJ I I I Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also.include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:30AM 17/03/23 16/05/01 Newland WWTP Exit Time/Date Permit Expiration Date Cow Camp Rd 12:30PM 17103/23 21/02/28 Newland NC 28657 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Jadd Wesley Brewer/ORC/828-898-6277/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Keith E Hoilman,PO Box 429 Newland NC 28657//828-733-2023/ No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Flow Measurement- , ®-Operations&-Maintenance_N Self-Monitoring Program ■ Sludge Handling Disposal ® Facility Site Review S Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Daniel J Boss ARO WQ//828-296-4658/ 7/-a l�/ Signature of Mana ement Q A Reviewer Agency/Office/Phone and Fax Numbers Date, EPA Form 3560-3(Rev - 44)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (Cont.) 1 31 NCO021857 '11 12 17/03/23 17 18 1 Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) 1 (Dan Boss)conducted a Compliance Evaluation Inspection at the Newland WWTP in Avery County on March 29,2017. The ORC, Jadd Brewer, and the Public Works Director, Keith Hoilman, guided me through the plant inspection. Overall the Newland WWTP looked to be in good.condition and operating properly. This facility has two oxidation ditches, but only one is in use since the typical daily flow is much less than the plant design flow. The mixed liquor in the operating ditch had the proper color and odor. A significant layer offoam covered half of the oxidation ditch, but it did not appear to be out of control.The operators spray down the foam with a hose when it gets too thick. Jadd says he tests the mixed liquor for settleability and keeps it in the range of 40-55%. Typical DO levels range from 1.5-4.0 mg/L according to Keith and Jadd. The secondary clarifier needs to have the sludge blanket checked with a sludge judge regularly as part of process control. The clarifier weirs need to be adjusted as only 2/3 of the v-notches had effluent flowing throught them. Effluent from the weirs was clear. The drying beds were clean and not holding any sludge at the time of the inspection. The UV disinfection was operating,with all bulbs functional. The electronic display interface does not work, but there are lights that indicate whether each bulb is operational. The bulbs are cleaned once per month and all the bulbs are replaced.yearly. Intensity for the bulbs is always set at 100%. Page# 2 Permit: NCO021857 Owner-Facility: Newland VVVVTP Inspection Date: 03/23/2017 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ ® ❑ application? Is the facility as described in the permit? ® ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ❑ ® ❑ Is access to the plant site restricted to the general public? ® ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ® ❑ ❑ ❑ Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable ® ❑ ❑ ❑ Solids,pH, DO, Sludge Judge,and other that are applicable? Comment: The only process control parameters analyzed are settleable'solids and DO. Pump Station -Influent Yes No NA NE Is the pump wet well free of bypass lines or structures? ® ❑ ❑ ❑ Is the wet well free of excessive grease? ® ❑ ❑ ❑ Are all pumps present? ® ❑ ❑ ❑ Are all pumps operable? 0 ❑ ❑ ❑ Are float controls operable? ® ❑ ❑ ❑ Is SCADA telemetry available and operational? M ❑ ❑ ❑ Is audible and visual alarm available and operational? ■ ❑ ❑ ❑ Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical ❑ Are the bars adequately screening debris? ® '❑ ❑ ❑ Is the screen free of excessive debris? . ❑ ❑ ❑ Is disposal of screening in compliance? M ❑ ❑ ❑ Is the unit in good condition? M ❑ ❑ ❑ Comment: Page# 3 Permit: NCO021857 Owner-Facility: Newland WWTP Inspection Date: 03/23/2017 Inspection Type: Compliance Evaluation Oxidation Ditches Yes No NA NE Are the aerators operational? ❑ ❑ ❑ Are the aerators free of excessive solids build up? ® ❑ ❑ ❑ #Is the foam the proper color for the treatment process? ® ❑ ❑ ❑ Does the foam cover less than 25%of the basin's surface? ❑ ® ❑ ❑ Is the DO level acceptable? ® ❑ ❑ ❑ Are settleometer results acceptable(>30 minutes)? ® ❑ ❑ Is the DO level acceptable?(1.0 to 3.0 mg/1) ® ❑ ❑ ❑ Are settelometer results acceptable?(400 to 800 ml/I in 30 minutes) ® ❑ ❑ ❑ Comment: Foam covered about 50% of the surface. Keith and Jadd said that the foam was less during the summer. Thev control the foam during the winter by spraying it down with a hose. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ® ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ® ❑ ❑ Are weirs level? ❑ ® ❑ ❑ Is the site free of weir blockage? ® ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ® ❑ ❑ ❑ Is scum removal adequate? ® ❑ ❑ ❑ Is the site free of excessive floating sludge? ■ ❑ ❑ ❑ Is the drive unit operational? 0 ❑ ❑ ❑ Is the return rate acceptable(low turbulence)? ■ ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑ Is the sludge blanket level acceptable?(Approximately Y4 of the sidewall depth) ❑ ❑ ❑ Comment: The weirs are adjusted twice per year for seasonal temperature changes which affect the weir levels. At the time of the inspection effluent was flowing over about 2/3 of the v-notches in the clarifier. The sludge blanket is not being checked regularly with a sludge Judge. This needs to be done going forward. Pumps-RAS-WAS Yes No NA NE Are pumps in place? ® ❑ ❑ ❑ Are pumps operational? 0 ❑ ❑ ❑ Are there adequate spare parts and supplies on site? ❑ ❑ ❑ Comment: Disinfection -UV Yes No NA NE Page# 4 Permit: NC0021857 Owner-Facility: Newland WVVTP Inspection Date: 03/23/2017 Inspection Type: Compliance Evaluation Disinfection - UV Yes No NA NE Are extra UV bulbs available on site? ® ❑ ❑ ❑ Are UV bulbs clean? ® ❑ ❑ ❑ Is UV intensity adequate? ® ❑ ❑ ❑ Is transmittance at or above designed level? El El 0 0 Is there a backup system on site? ❑ ❑ ❑ Is effluent clear and free of solids? ® ❑ ❑ ❑ Comment: Aerobic Digester Yes No NA NE Is the capacity adequate? ® ❑ ❑ '❑ Is the mixing adequate? ® ❑ ❑ Is the site free of excessive foaming in the tank? ® ❑ ❑ ❑ #Is the odor acceptable? ® ❑T ❑ ❑ #Is tankage available for properly waste sludge? ® ❑ ❑ ❑ Comment: Drying Beds Yes No NA NE Is there adequate drying bed space? ® ❑ ❑ ❑ Is the sludge,distrlbutio.n.on dry ng,beds appropriate? ® Q ❑ Are the drying beds free of vegetation? ❑ ❑ ❑ #Is the site free of dry sludge remaining in beds? ® ❑ ❑ ❑ Is the site free of stockpiled sludge? ® ❑ ❑ ❑ Is the filtrate from sludge drying beds returned to the front of the plant? ❑ ® ❑ ❑ #Is the sludge disposed of through county landfill? ® ❑ ❑ ❑ #Is the sludge land applied? ❑ ® ❑ ❑ (Vacuum filters) Is polymer mixing adequate? ❑ ❑ ■ ❑ Comment: There were some small patches of weeds in the drying beds. Filtrate is returned to the RAS chamber. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ® ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? . ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ® ❑ Page# 5 Permit: NC0021857 Owner-Facility: Newland UWVfP Inspection Date: 03/23/2017 Inspection Type: Compliance Evaluation Effluent Pipe Yes No NA NE Comment: Standby Power Yes No NA NE Is automatically activated standby power available? ® ❑ Is the generator tested by interrupting primary power source? ® ❑ ❑ ❑ Is the generator tested under load? ® ❑ ❑ ❑ Was generator tested&operational during the inspection? ❑ ❑ ❑ Do the generator(s)have adequate capacity to operate the entire wastewater site? ® ❑ ❑ ❑ Is there an emergency agreement with a fuel vendor for extended run on back-up power? ® ❑ ❑ ❑ Is the generator fuel level monitored? ® ❑ ❑ ❑ Comment: Page# 6 R CO IICI�IhEL. ... Ia ,. Certified Mail # 7015 1520 0003 5463 3234 Return Receipt Requested March 29, 2017 Gary P Carlson Fletcher Academy Inc 185 Fletcher Academy Dr Fletcher, NC 28732 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0209 Permit No. NCO036641 Fletcher Academy WWTP Henderson County Or Permittee: A review of the November 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD, 5-Day(20 Deg. C) - 11/8/2016 45 59.4 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day (20 Deg. C) 11/15/2016 45 71.5 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day(20 Deg. C) - 11/30/2016 30 42.2 Monthly Average Exceeded Concentration (C0310) 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 NPDES 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. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 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 information provided on the submitted Discharge Monitoring Report(s). 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. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc: If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File James &James Environmental/ ORC G:\WR\WQ\Henderson\Wastewater\Minors\Pletcher Academy 366411N0V-N0I-2017-LV-0209.rtf AM orgF 211 ip W" Certified Mail # 7015 1520 0003 5463 3241 Return Receipt Requested March 29, 2017 Ed Burchins, Town Administrator Town of Andrews PO Box 1210 Andrews, NC 28901 SUBJECT: -NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0210 -Permit No. NCO020800 Andrews WWTP Cherokee County !ar Permittee: A review of the October 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit-Exceedance Volati®n(s). Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 10/8/2016 45 54.96 Weekly Average Exceeded Concentration(C0310) 001 Effluent Nitrogen,Ammonia Total(as 10/22/2016 18 27 Weekly Average Exceeded N) - Concentration (C0610) 001 Effluent Nitrogen, Ammonia Total (as 10/29/2016 18 26.72 Weekly Average Exceeded N) - Concentration (C0610) 001 Effluent BOD, 5-Day(20 Deg. C) - 10/31/2016 30 41.14 Monthly Average Exceeded Concentration (C0310) 001 Effluent Nitrogen, Ammonia Total (as 10/31/2016 6 20.25 Monthly Average Exceeded N) - Concentration (C0610) State of North Carolina Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 ------------ 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 NPDES 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 information provided on the submitted Discharge Monitoring Report(s). 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. Reminder: Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated o potential problems due to planned maintenance activities, taking units off-line, etc. `- If you have any questions concerning this matter or to apply for an SOC, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, _...- G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Timothy B. Wood/ ORC G:\WR\WQ\Cherokee\Wastewater\Municipal\Andrews WWTP 20800\N0V-N0I-2017-LV-0210Af ROY COOPER Governor MICHAEL S. REGAN SE creterry Water Resources S. JAY ZIMMERMAN .Environmental Quality Director March 29,2017 Thom Morgan 416 Stone Haven Drive Waynesville,NC 28786 Re: Well Construction Permit WR0100055 131 Park Street Haywood County Dear Mr.Morgan, In accordance with the application submitted on your behalf by Chris Singleton on March 14,2017,with additional information received March 24,2017,we are forwarding well construction permit WR0100055 dated March 29,2017. The permit is for the construction of two recovery wells at 131 Park Street, Canton,North Carolina. The permit will be effective from the date of issuance for a period of one year and is subject to the conditions and limitations as specified therein. A Well Construction Record shall be completed and signed by the certified drilling contractor for each well.The forms shall be submitted to the,Department upon completion of the wells and shall reference the permit number.Please review the attached permit conditions. If you should have any questions or need additional information,contact Andrew Moore at 828-296-4500. Sincerely, G.Landon Davidson,P.G. Regional Supervisor Water Quality Regional Operations Section cc: ARO File Chris Singleton—Singleton Environmental,Inca(via email) . ' " - State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 828-296-4500 NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES—WATER QUALITY SECTION PERMIT FOR THE CONSTRUCTION OF RECOVERY WELL(S) In accordance with the provisions of Article 7, Chapter 87, North Carolina General Statutes, and other applicable Laws;Rules and Regulations. PERMISSION IS HEREBY GRANTED TO Thom Morgan FOR THE CONSTRUCTION OF ONE RECOVERY WELL SYSTEM consisting of two wells owned by Thom Morgan,416 Stone Haven Drive,Canton,NC 28786. The wells will be located on property owned by Southeast Real Property,LLC,located at 131 Park Street,Canton,NC 28716 in Haywood County.This Permit is issued in accordance with the application received on March 14,2017,with additional information received March 24,2017,in conformity with specifications and supporting data,all of which are filed with the Department of Environmental Quality and are considered integral parts of this Permit. This Permit is for well construction only, and does not waive any provision or requirement of any other applicable law or regulation. Construction of any well under this Permit shall be in strict compliance with the North Carolina Well Construction Regulations and Standards (15A NCAC 02C .0100), and other State and Local Laws and regulations pertaining to well construction. If any requirements or limitations specified in this Permit are unacceptable,you have aright to an adjudicatory hearing upon written request within 30 days of receipt of this Permit. The request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings,6714 Mail Service Center,Raleigh,North Carolina 27699-6714. Unless such a demand is made,this Permit is final and binding. This Permit will be effective for one year from the date of its issuance and shall be subj ect to other specified conditions, limitations,or exceptions as follows: 1. The well(s)shall be located and constructed as shown on the attachments submitted as part of the permit application. 2. Well construction records (GW-1) for each well shall be submitted to the Division of Water Resources'Information Processing Unit within�6 ays ofw®lI oornptetidn - 3. Issuance of this Permit does not supersede any other agreement,permit, or requirement issued by another agency. 4. Each well shall have a Well Contractor Identification Plate in accordance with 15A NCAC 02C .0108(o). 5. The recovery well shall be maintained in accordance with 15A NCAC 02C.0108. 6. When the well is discontinued or abandoned,it shall be abandoned in accordance with 15A NCAC 02C .0113 and a well abandonment record (GW-30) shall be submitted to the Division of Water Resources'Information Processing Unit within 30 days of well abandonment. Permit issued the 29th day of March,2017 FOR THE NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Landon Davidson,Regional Supervisor Division of Water Resources By Authority of the Environmental Management Commission Permit No.#WRO100055 ROY COOPER Governor MICHAEL S. REGAN Secretary "Water Resources � S. JAY ZIMMERMAN Environmental Quality Director March 29,2017 Thom Morgan 416 Stone Haven Drive Waynesville,NC 28786 Re: Well Construction Permit WR0100056 92 Five Point Road Graham County Dear Mr.Morgan In accordance with the application submitted on your behalf by Chris Singleton on March 27,2017,we are forwarding well construction permit WR0100056 dated March 29,2017.The permit is for the construction of two recovery wells at 92 Five Point Road,Robbinsville,North Carolina. The permit will be effective from the date of issuance for aperiod of one year and is subject to the conditions and limitations as specified therein.A Well Construction Record shall be completed and signed by the certified drilling contractor for each well.The forms shall be submitted to the Department upon completion of the wells and shall reference the permit number.Please review the attached permit conditions. If you should have any questions or need additional information, contact Andrew Moore at 828-296-4500. Sincerely, _ -- G.Landon Davidson,P.G. Regional Supervisor Water Quality Regional Operations Section cc: ARO File Chris Singleton—Singleton Environmental,Inc. (via email) State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 828-296-4500 NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY / DIVISION OF WATER RESOURCES-WATER QUALITY SECTION PERMIT FOR THE CONSTRUCTION OF RECOVERY WELL(S) In accordance with the provisions of Article 7, Chapter 87, North.Carolina General Statutes, and other applicable Laws,Rules and Regulations. PERMISSION IS HEREBY GRANTED TO Thom Morgan FOR THE CONSTRUCTION OF ONE RECOVERY WELL SYSTEM consisting of two wells owned by Thom Morgan,416 Stone Haven Drive,Canton,NC 28786. The wells will be located on property owned by Southeast Bulk, LLC,located at 92 Five Point Road,Robbinsville,NC 28771 in Graham County.This Permit is issued in accordance with the application received on March 27,2017, in conformity with specifications and supporting data, all of which are filed with the Department of Environmental Quality and are considered integral parts of this Permit. This Permit is for well construction only, and does not waive any provision or requirement of any other applicable law or regulation. Construction of any well under this Permit shall be in strict compliance with the North Carolina Well Construction Regulations and Standards (15A NCAC 02C .0100), and other State and Local Laws and regulations pertaining to well construction. If any requirements or limitations specified in this Permit are unacceptable,you have a right to an adjudicatory hearing upon written request within 30 days of receipt of this Permit. The request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings,6714 Mail Service Center,Raleigh,North Carolina 27699-6714. Unless such a demand is made,this Permit is final and binding. This Permit will be effective for one year from the date of its issuance and shall be subject to other specified conditions, limitations,or exceptions as follows: 1. The well(s)shall be located and constructed as shown on the attachments submitted as part of the permit application. 2. Well construction records (GW-1) for each well shall be submitted to the Division of Water Resources'Information Processing Unit within 30 days of well completion. 3. Issuance of this Kermit does not supersede any other agreement;permit,-or requirement issued by another agency. 4. Each well shall have a Well Contractor Identification Plate in accordance with 15A NCAC 02C .0108(o). 5. The recovery well shall be maintained in accordance with 15A NCAC 02C.0108. 6. When the well is discontinued or abandoned,it shall be abandoned in accordance with 15A NCAC 02C_0113 and a well abandonment record(GW-30) shall be submitted to the Division of Water Resources'Information Processing Unit within 30 days of well abandonment. Permit issued the 29th day of March,2017 FOR THE NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Landon Davidson,Regional Supervisor Division of Water Resources By Authority of the Environmental Management Commission Permit No.#WRO100056 0 " ORE ` Certified Mail # 7015 1520 0003 5463 2114 Return Receipt Requested March 29, 2017 Hurston A Nicholas, Forest Supervisor USDA U S Forest Service 160a Zillicoa St Asheville, NC 28801 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2017-LV-0212 Permit No. NCO020478 Lake Powhatan Recreation Area WWTP Buncombe County Dear Permittee: A review of the October 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Solids, Total Suspended - 10/12/2016 45 58 Daily Maximum Exceeded Concentration (C0530) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office- Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File James &James Environmental/ ORC �J J, G:\WR\WQ\Buncombe\Wastewater\Minors\Lake Powhattan 20478\NOV-2017-LV-0212.rtf RE A OA ��M yy y� i Certified Mail # 7015 1520 0003 5463 2107 Return Receipt Reuuested March 29, 2017 Lawrence Ponder, Mayor Town of Marshall PO Box 548 Marshall, NC 28753-0548 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0211 Permit No. NCO021733 Marshall WWTP Madison County Dear Permittee: A review-of the October 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Solids, Total Suspended - 10/8/2016 45 55 Weekly Average Exceeded Concentration (C0530) 001 Effluent BOD, 5-Day(20 Deg. C) - 10/15/2016 45 46 Weekly Average Exceeded Concentration (C0310) 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 NPDES 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. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 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 information provided on the submitted Discharge Monitoring Reports) 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. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter or to apply for an SOC, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville.--Regional (Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office- Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Byers Environmental/ ORC G:\WR\WQ\Madison\Vlastewater\Municipal\Marshall WWTP 21733\N0V-N0I-2017-LV-0211Af ROY COOPER Governer MICHAEL S.REGAN Secretary S.JAY ZIMMERMAN Director Water Resources ENVIRONMENTAL QUALITY March 30, 2017 Mr.Barry Jones,Chairman Cliffside Sanitary District Post Office Box 122 Cliffside, North Carolina 28024 SUBJECT: Compliance Evaluation Inspection Cliffside Sanitary District Deemed Collection System Permit No:WQCSD0287 Rutherford County Dear Mr.Jones: Enclosed please find a copy of the deemed collection system inspection conducted on March 29, 2017.The collection system was found to be in compliance with permit WQCSD0287.There are two pump stations currently on this system both of which were observed during this inspection. Flow contributions originate from approximately 70 homes,2 schools,and 1 industry. No violations of permit conditions or applicable regulations were observed during this inspection.Continue to operate and maintain the collection system in compliance with the requirements outlined in 15A NCAC 02T for Wastewater Collection Systems. • Continue to pursue the engineering evaluation to route wastewater flow from the Cliffside collection system to the Town of Forest City,and eliminate the Cliffside WWTP. The Division of Water Resources and associated state agencies within DEQ may be able to assist with this initiative. The assistance of Mr. Mike Gibert during the inspection was greatly appreciated. If there are questions or additional information is needed-regarding system operation,maintenance,or permit questions,please feel free to contact me at 828- 296-4500. Please refer to the enclosed inspection report for additional observations and comments. Sincerely, Tim Heim, P.E. Environmental Engineer Enc. cc: Buren Bailey/Michael Franklin Gibert,ORC MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\Rutherford\Collection Systems\Cliffside Sanitary District WQCSD0287\CEI letter 2-3-2017.doc State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 828 296 4500 �\ /... _.-_.... \\`ri Compliance Inspection Report Permit: WQCSD0287 Effective: 11/08/07 Expiration: Owner: Cliffside Sanitary District SOC: Effective: Expiration: Facility: Cliffside Sanitary District WWTP County:Rutherford 136 Hawkins Loop Rd Region: Asheville Mooresboro NC 28114 Contact Person: Greg Blake Title: Phone: 828-657-7011 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: - Inspection Date: 03/28/2017 Entry Time: 09:OOAM Exit Time: 01:OOPM Primary Inspector: Timothy H Heim � ..>- �-^� G' // 41`'� l Phone: 828-296-4665 Secondary Inspector(s): Amy Annino Rea, -Routine lnspectron:; Routine Inspection type oliectign.System Inspect Non Sampling Permit Inspection Type: Deemed permitted collection system management and operation Facility Status: ® Compliant ❑ Not Compliant Question Areas: Miscellaneous Questions ■ Operation&Maint Reqmts ■ Records Inspections M Pump Station Manhole . Lines (See attachment summary) Page: 1 Permit: WQCSD0287 Owner-Facility:Cliffside Sanitary District Inspection Date: 03/28/2017 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine Inspection Summary: Tim Heim and Amy Annino of the Asheville Regional Office performed a Compliance Evaluation Inspection on March 28th, 2017. Mike Gibert(ORC)assisted with the inspection and with records and sampling results review.The deemed permitted collection facility appeared well maintained and operated at the time of the inspection,and in compliance with Permit WQCSD0287. The following items were noted in the inspection: A contractor, HST,provides most of the equipment, personnel,and support for maintenance of the CS. This includes a jet and vactor truck.The ORC indicates this support is adequate to maintain the collection system in its current state. Economic conditions in the area served by the collection system have deteriorated in recent years(textile mill closure)to the point where the tax base may be inadequate to support proper upkeep and maintenance of the collection system and WWTP.A Joint Sewer Study was performed by WK Dickson&CO Engineering in 2014,and a follow-up engineering evaluation is being performed to ascertain the feasibility of connecting the Cliffside collection system to the Forest City WWTP.This would provide a long-term solution to maintaining the collection system,eliminate the Cliffside WWTP discharge, and should be supported by DEQ staff wherever possible. Page: 2 permit: WQCSD0287 Owner-Facility:Cliffside Sanitary District Inspection Date: 03/28/2017 Inspection Type-:Collection System Inspect Non Sampling Reason for Visit: Routine Inspections Yes No NA NE Are maintenance records for sewer lines available? ® ❑ ❑ ❑ Are records available that document pump station inspections? ® ❑ ❑ ❑ Are SCADA or telemetry equipped pump stations inspected at least once a week? ® ❑ ❑ ❑ Are non-SCADA/telemetry equipped pump stations inspected every day? ® ❑ ❑ ❑ Are records available that document citizen complaints? ❑ ❑ ® ❑ #Do you have a system to conduct an annual observation of entire system? ® ❑ ❑ ❑ #Has there been an observation of remote areas in the last year? ® ❑ ❑ ❑ Are records available that document inspections of high-priority lines? ■ ❑ ❑ ❑ Has there been visual inspections of high-priority lines in last six months? ® ❑ ❑ ❑ Comment: The system has only 70 connections any complaints are routed directly through Broad River _ Water Authority or the maintenance contractor(HST)and addressed immediately. Operation&Maintenance Requirements Yes No NA NE Are all log books available? ® ❑ ❑ ❑ ,\Does supervisor review all log books on a regular basis? ■ ❑ ❑ ❑ Does the supervisor have plans to address documented short-term problem areas? ■ ❑ ❑ ❑ What is the schedule for reviewing inspection,maintenance,&operations logs and problem areas? Log books are reviewed regularly and problems areas are addressed immediately due to the small size of the system. Are maintenance records for equipment available? ■ ❑ ❑ ❑ Is a schedule maintained for testing emergency/standby equipment? ❑ ❑ ❑ What is the schedule for testing emergency/standby equipment? Weekly+Routine Maintenance Do pump station logs include: Inside and outside cleaning and debris removal? ■ ❑ ❑ ❑ Inspecting and exercising all valves? 0 ❑ ❑ ❑ Inspecting and lubricating pumps and other equipment? 0 ❑ ❑ ❑ Inspecting alarms,telemetry and auxiliary equipment? 0 ❑ ❑ ❑ Is there at least one spare pump for each pump station w/o pump reliability? ■ ❑ ❑ ❑ Are maintenance records for right-of-ways available? E ❑ ❑ ❑ Are right-of-ways currently accessible in the event of an emergency? E ❑ ❑ ❑ Are system cleaning records available? ® ❑ ❑ ❑ Has at least 10%of system been cleaned annually? O ❑ ❑ ❑ Page: 3 Permit: WQCSD0287 Owner-Facility:Cliffside Sanitary District Inspection Date: 0 312 8/2 0 1 7 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine Operation&Maintenance Requirements Yes No NA NE What areas are scheduled for cleaning in the next 12 months? The system is divided into sections,and more than 10%of the system is cleaned annually.Cleaning is performed based on the next section in the schedule or visual evidence of debris accumulation in the lines. The next section scheduled for cleaning is the Haynes Pump Station area Is a Spill Response Action Plan available? ® El M El Does the plan include: 24-hour contact numbers ® El ❑ Response time ® El El ❑ Equipment list and spare parts inventory ® p El ❑ Access to cleaning equipment ® p El 0 Access to construction crews,contractors,and/or engineers ■ ❑ El ❑ Source of emergency funds ■ Site sanitation and cleanup materials ® p El El Post-overflow/spill assessment ® E ❑ Is a Spill Response Action Plan available for all personnel? ® p El 0 Is the spare parts inventory adequate? ■ Q El r-1 Comment: Consider posting a one-page emergency contact/procedures flyer on the wall of the WWTP facility. Records - - Yes No NA NE Are adequate records of all SSOs,spills and complaints available? Are records of SSOs that are under the reportable threshold available? ❑ El ■ ❑ Do spill records indicate repeated overflows(2 or more in 12 months)at same location? 0 El D If yes,is there a corrective action plan? Is a map of the system available? ® � Does the map include: Pipe sizes ■ El 0 ❑ Pipe materials M ❑ ❑ Q Pipe location 0 El El M Flow direction Approximate pipe age M ❑ El El Number of service taps ■ Pump stations and capacity 0 ❑ If no,what percent is complete? Page: 4 Permit: WQCSD0287 Owner-Facility:Cliffside Sanitary District Inspection Date: 03/28/2017 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine Records Yes No NA NE List any modifications and extensions that need to be added to the map NA,an envineering study is being performed to connect the system to Forest City Collection System and elminate the Cliffside WWTP. #Does the permittee have a copy of their permit? ® ❑ ❑ ❑ Comment: NA. an engineering study is being performed to connect the system to Forest City Collection System and eliminate the Cliffside WWTP. Page: 5 A 1MOR K llL EGA IO� � .., �. Certified Mail#70151520 0003 5463 2169 Return Receipt Requested March 30,2017 Roger C Floren,II Flesher's Fairview Rest Home PO Box 1160 Fairview,NC 28730-1160 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6) and NPDES WW Permit No.NCO034924 Flesher's Fairview Rest Home Flesher's Fairview Rest Home WWTP - Case No. LV-2017-0094 Buncombe County Dear Permittee: This letter transits a ToticP,of Violatio�i std assessment of civil penalty it the amopilt of$666.62($550.000 civil penalty+ $116.62 enforcement costs)against Flesher's Fairview Rest Home. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by Flesher's Fairview Rest Home for the month of September 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.NC0034924. The violations,which occurred in September 2016,are summarized in Attachment A to this letter. Based upon the above facts,I conclude as a matter of law that Flesher's Fairview Rest Home violated the terms, conditions or requirements of NPDES WW Permit No.NCO034924 and G.S. 143-215.1(a)(6)in the manner and extent shown in Attachment A. In accordance with.the maximums established by G.S. 143-215.6A(a)(2),a civil penalty maybe assessed against any person who violates the terms,conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law,and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources,I, G.Landon Davidson, P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Flesher's Fairview Rest Home: State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 $300.00 3 of the 3 violations of 143-215.1(a)(6)and Permit No.NC0034924,by discharging waste water inl, the waters of the State in violation of the Permit Daily Maximum for BOD-Conc. \ $250.00 1 of the l violations of 143-215.l(a)(6)and Permit No.N00034924,by discharging waste water into the waters of the State in violation of the Permit Monthly Average for BOD- Cone. $550.00 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $666.62 TOTAL AMOUNT DUE Pursuant to G.S. 143 215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health,or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty(30)days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 ..__..._..... Jon 2: Submit a written request for remission or mitigation including a detailed justification'for such ; request: \ Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted,and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.I(b)was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations;or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status,directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties Waiver of Right to an Administrative Hearing and Stipulation of Facts"form within thirty(30)d4ys of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with, the Office of Administrative Hearings within thirty(30)days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may filed by facsimile(fax)or electronic mail by an attached file(with restrictions) provided the signed original,one(1)copy and a filing fee(if a filing fee is required by NCGS §150B-23.2)is received in the Office of Administrative Hearings within seven(7)`business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)733-2698 Fax: (919)733-3478 One(1)copy of the petition must also be served on DEQ as follows: Mr.William F.Lane,General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter)on the petition. Failure to exercise one of the options above within thirty(30)days of receipt of this letter, as evidenced by an internal dateltiine eceived stamp(not a'postt iark);will-result in this matter being referred to the Attorney General'&Office for: collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at(828)296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G.Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office-Enforcement File NPDES Compliance/Enforcement Unit-Enforcement File James&James Environmental/ORC r:iti4R`4t'Q'tE3uncambe\lt`ascetia-rater`,'•Sinortif'lesher's Rest Home 34924\LV-2017,-0094.rtf JUSTIFICATION FOR REMISSION REQUEST base Number: LV-2017-0094 County: Buncombe Assessed Party: Flesher's Fairview Rest Home Permit No.: NC0034924 Amount Assessed: $666.62 Please use this form when requesting remission of this civil penalty. You must also complete the 'Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. kequesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.T(c),remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies(attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF BUNCOMBE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Flesher's Fairview Rest Home ) Flesher's Fairview Rest Home ) PERMIT NO.NCO034924 ) CASE NO. LV-2017-0094 Having been assessed civil penalties totaling$666.62 for violation(s)as set forth in the assessment document of the Division of Water Resources dated March 30,2017,the undersigned, desiring to seek remission of the civil penalty,does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the notice of assessment. This the day of ,20 SIGNATURE ADDRESS TELEPHONE ......_........ . ...._...._... .. . ... ...._........... ATTACHMENT A Flesher's Fairview Rest Home CASE NUMBER: LV-2017-0094 PERMIT: NCO034924 REGION: Asheville FACILITY: Flesher's Fairview Rest Home COUNTY: Buncombe LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 -Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 9/14/2016 9-2016 BOD, 5-Day(20 Deg. Weekly mg/I 45 65.70 46.0 Daily $100.00 C)-Concentration Maximum Exceeded 9/20/2016 9-2016 BOD, 5-Day(20 Deg. Weekly mg/I 45 62.30 38.4 Daily $100.00 C)-Concentration Maximum Exceeded 9/27/2016 9-2016 BOD,5-Day(20 Deg. Weekly mg/I 45 67.20 49.3 Daily $100.00 C)-Concentration Maximum Exceeded 9/30/2016 9-2016 BOD, 5-Day(20 Deg. Weekly mg/I 30 50.90 69.7 Monthly $250.00 C)-Concentration Average Exceeded M CH 0A. I t i Z IM ED "M Certified Mail#70151520 0003 5463 2152 Return Receipt Requested March 30,2017 Rob Porges T A Operating LLC 24601 Center Rdg Rd Ste 200 Cleveland,OH 44145 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North.Carolina General Statute(G.S.) 143-215.1(a)(6) and NPDES WW Permit No.NCO085952 T A Operating LLC Candler Travel Center WWTP Case No. LV-2017-0093 Buncombe County Dear Permittee: I.lzis letter transmits:a Notice.of Violation and,assessment,of civil,penalty m the anio' nt of$216.62 ($10�,00 civil penast� + _.. a $116.62 enforcement costs)against T A Operating LLC. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by T A Operating LLC for the month of August 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.NC0085952. The violations,which occurred in August 2016,are summarized in Attachment A to this letter. Based upon the above facts,I conclude as a matter of law that T A Operating LLC violated the terms, conditions or requirements of NPDES WW Permit No.NCO085952 and G.S. 143-215.l(a)(6)in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2),a civil penalty maybe assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources,l, G.Landon Davidson, P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against T A Operating LLC: State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 $100.00 1 of the 2 violations of 143-215.1,(a)(6)and Permit No.NC0085952,by discharging wastewater int.. the waters of the State in violation of the Permit Daily Maximum for BOD - Conc. $10000 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $216.62 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. .143B-282.l(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty(30)days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission,OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be-made d-irectlyoto the order of the Department of Environmental Quality(do not inchld'e-waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 .ion 2: Submit a written request for remission or mitigation including a;detailed justification for such request: _N Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the.factual statements contained in the civil penalty,assessment document. 'Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted,and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations;or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must'be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status,directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties Waiver of Right to an Administrative Hearing and Stipulation of Facts"form within thirty(30)dgys of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request. Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh;North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30)days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m.and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions)-provided the signed original,one(1)copy and a filing fee(if a filing fee is required by NCGS §15013-23.2)is received in the Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)733-2698 Fax: (919)733-3478 One 1 co of the petition must also be serve d on DE as follows: n O PY P Q Mr.William F.Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter)on the petition. Failure to exercise one of the options above within thirty(30)days of receipt of this letter, as evidenced by an internal date/time received stamp(riot a postmark);will-resuit m—this'matter being referred to the AttormyGeneral's'(3ffice"for - collection of the penalty through a civil action. Please be advised that additional penalties maybe assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at(828)296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G.Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office-Enforcement File NPDES Compliance/Enforcement Unit-Enforcement File James&James Environmental/ORC i'.�VR'.Gj'Qil3uncomhe�.�astewaterikl�tinars':Candler'rnlvel Center 95952,-1,V-2017-0093.af JUSTIFICATION FOR REMISSION REQUEST ,ase Number: LV-2017-0093 County: Buncombe Assessed Party: T A Operating LLC Permit No.: NCO085952 Amount Assessed: $216.62 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. "Pursuant to'N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies(attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the steps that you took to correct the violation and prevent future occurrences); _ (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF BUNCOMBE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS T A Operating LLC ) Candler Travel Center PERMIT NO.NCO085952 ) CASE NO. , LV-2017-0093 Having been assessed civil penalties totaling$216.62 for violation(s)as set forth in the assessment document of the Division of Water Resources dated March 30,2017,the undersigned,desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the notice of assessment. This the day of ,20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A T A Operating LLC CASE NUMBER: LV-2017-0093 f; PERMIT: NCO085952 REGION: Asheville FACILITY: Candler Travel Center COUNTY: Buncombe LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 -Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 8/3/2016 8-2016 BOD, 5-Day(20 Deg. Weekly mg/I 7.50 8.40 11.5 Daily $0.00 C)-Concentration Maximum Exceeded 8/23/2016 8-2016 BOD,5-Day(20 Deg. Weekly mg/I 7.50 9.20 22.5 Daily $100.00 C)-Concentration Maximum Exceeded 1V ja ER: 9 -z 21 Certified Mail#70151520 0003 5463 2145 Return Receipt Requested March 30,2017 S C Rusty Culbreth,Manager Trillium Links&Village LLC 1 Trillium Ctr Cashiers,NC 28717 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6) and NPDES WW Permit No.NCO059200 Trillium Links&Village LLC Trillium Links&Village WWTP Case No. LV-2017-0092 Jackson County Dear Permittee: This letter transznits,a Ictice of Violation and assessment of evil penalty,in the amount of;$466.62($3 50.00 eivil penalty . . . $116.62 enforcement costs)against Trillium Links&Village LLC. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by Trillium Links&Village LLC for the month of September 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.NC0059200. The violations,which occurred in September 2016, are summarized in Attachment A to this letter. Based upon the above facts,I conclude as a matter of law that Trillium Links&Village LLC violated the terms,conditions or requirements of NPDES WW Permit No.NCO059200 and G.S. 143-215.1(a)(6)in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2),a civil penalty maybe assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources,I, G.Landon Davidson, P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Trillium Links&Village LLC: State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 $100.00 1 of the 1 violations of 143-215.1(a)(6)and Permit No.NC0059200,by discharging wastewater ine. the waters of the State in violation of the Permit Daily Maximum for BOD Conc. $250.00 1 of the 1 violations of-143-215.1(a)(6)and Permit No.N00059200,by discharging waste water into the waters of the State in violation of the Permit Monthly Average for BOD-Conc. $350.00 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $466.62 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.I(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty(30) days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 pion 2: Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper. procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted,and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status,directions for payment,and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore,it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties Waiver of Right to an Administrative Hearing and Stipulation of Facts"form within thirty(30)days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Re uq est." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with, the Office of Administrative Hearings Iwithin thirty(30)days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.,except for official state holidays. The petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions)-provided the signed original,one(1)copy and afiling fee(if a filing fee is required by NCGS §150B-23.2)is received in the Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)733-2698 _ Fax: (919)733-3478 One(1)copy of the petition must also be served on DEQ as follows: Mr.William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter)on the petition. Failure to exercise one of the options above within thirty(30)days of receipt of this letter,as evidenced by an internal - date/time re' ceived'starap(n&a-postmark);will result in this matter being referred to the-Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at(828)296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G.Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office-Enforcement File NPDES Compliance/Enforcement Unit-Enforcement File l Lr.':1uK\1kt)`Jack enibVasicwater;i�linors�Trillium Links&Vi9age>9206ll.V-^�OtJ-0Q92rtf. JUSTIFICATION FOR REMISSION REQUEST ,ase Number: LV-2017-0092 County: Jackson Assessed Party: Trillium Links&Village LLC Permit No.: NC0059200 Amount Assessed: $466.62 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. §143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation,including copies of supporting documents,as to why the factor applies(attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G'.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed;civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF JACKSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Trillium Links&Village LLC ) Trillium Links&Village WWTP ) PERMIT NO.NCO059200 ) CASE NO. LV-2017-0092 Having been assessed civil penalties totaling$466.62 for violation(s)as set forth in the assessment document of the Division of Water Resources dated March 30,2017,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the notice of assessment. This the day of 20 SIGNATURE i ADDRESS TELEPHONE ATTACHMENT A Trillium Links&Village LLC CASE NUMBER: LV-2017-0092 PERMIT: NCO069200 REGION: Asheville FACILITY: Trillium Links&Village WWTP COUNTY: Jackson LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 9/15/2016 9-2016 BOD, 5-Day(20 Deg. Weekly mg/I 7.50 24 220.0 Daily $1.00.00 C)-Concentration Maximum Exceeded 9/30/2016 9-2016 BOD,5-Day(20 Deg. Weekly mg/I 5 7.40 48.0 Monthly $250.00 C) Concentration Average Exceeded �, ��' _, i __ __. `r am MM . MR' Certified Mail#70151520 0003 5463 2138 Return Receipt Requested March 3 0,2017 Dr.Andrew Price,LFMC POA President Linville Falls Club Property Association Inc 326 Blue Ridge Dr.N Marion,NC 28752 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6) and NPDES WW Permit No.NCO080098 Linville Falls Club Property Association Inc Linville Falls Mountain Club and Preserve WWTP Case No. LV-2017-0091 McDowell County Dear Permittee: isle e�transn��ts ;. otic of Tiolation apd assessment of evil penalty_xn the aplount of ?66.C2($454. 0 civil penally _ _.. $116.62 enforcement costs)against Linville Falls Club Property Association Inc. This assessment is based upon the following facts: a review has been'conducted of the discharge monitoring report(DMR) submitted by Linville Falls Club Property Association Inc for the month of September 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.NC0080098. The violations,which occurred in September 2016, are summarized in Attachment A to this letter. Based upon the above facts,I conclude as a matter of law that Linville Falls Club Property Association Inc violated the terms,conditions or requirements of NPDES WW Permit No.NCO080098 and G.S. 143-215.1(a)(6)in the manner and extent shown in Attachment A. -In accordance with the maximums established by G.S. 143-215.6A(a)(2),a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources,I, G.Landon Davidson, P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Linville Falls Club Property Association Inc: State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 $200.00 2 of the 2 violations of 143-215.1(a)(6)and Permit No.N00080098,by discharging wastewater mtt_, the waters of the State in violation of the Permit Daily Maximum for BOD - Conc. \` $250.00 1 of the l;violations of 143=215.1(a)(6)and Permit No.NC0080098,by discharging wastewater into the waters of the State in violation of the Permit Monthly Average for BOD Cone. $450.00 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $566.62 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health,or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty(30)days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 .don 2: Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. 'Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing; such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted,and submit it to.the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282,1(b)was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations;or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status,directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties; Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty(30)days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request,", Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30)days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.,except for official state holidays. The petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions) provided the signed original,one(1)copy and a filing fee(if a filing fee is required byNCGS §150B-23.2)is received in the Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)733-2698 Fax: (919)733-3478 One(1)copy of the petition must also be served on DEQ as follows: Mr.William F.Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter)on the petition. Failure to exercise one of the options above within thirty(30)days of receipt of this letter, as evidenced by an internal date/time-received stamp(not a postmark);will result in this matter being referred to the Attorney Generals Office'fot collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at(828)296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincer G.Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office-Enforcement File NPDES Compliance/Enforcement Unit-Enforcement File \` James&James Environmental/ORC ''r.'4tiR\44'QiUfcl)oweIP.GVaeteevater��Tinorsl,irrville Falls Btuc Ridge Country Club 80098'iLV-2017-009trif JUSTIFICATION FOR REMISSION REQUEST tease Number: LV-2017-0091 County: McDowell Assessed Party:. Linville Falls Club Property Association Inc Permit No.: NC0080098 Amount Assessed: $566.62 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents,as to why the factor applies(attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidahle or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance), EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF'MCDOWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Linville Falls Club Property Association Inc ) Linville Falls Mountain Club and Preserve ) PERMIT NO.NCO080098 ) CASE NO. LV-2017-0091 Having been assessed civil penalties totaling$566.62 for violation(s)as set forth in the assessment document of the Division of Water Resources dated March 30,2017,the undersigned, desiring to seek remission of the civil penalty,does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the notice of assessment. This the day of 20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Linville Falls Club Property Association Inc CASE NUMBER: LV-2017-0091 PERMIT: NCO080098 REGION: Asheville FACILITY: Linville Falls Mountain Club and Preserve COUNTY: McDowell LIMIT VIOLATION(S) - SAMPLE LOCATION: Outfall 001 -Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 9/22/2016 9-2016 BOD, 5-Day(20 Deg. Weekly mg/I 7.50 26.20 249.3 Daily $100.00 C)-Concentration Maximum Exceeded 9/29/2016 9-2016 BOD, 5-Day(20 Deg. Weekly mg/I 7.50 10.50 40.0 Daily $100.00 C)-Concentration Maximum Exceeded 9/30/2016 9-2016 BOD,5-Day(20 Deg. Weekly mg/I 5 10.20 104.7 Monthly $250.00 C)-Concentration Average Exceeded ( C PE . M1 � + .. Certified Mail#70151520 0003 5463 2121 Return Receipt Requested March 30,2017 Nathan D Benson PO Box 1090 Mountain Home,NC 28758-1090 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6) and NPDES WW Permit No.NCO066362 Nathan D Benson Benson Apartments WWTP Case No.LV-2017-0090 - Henderson County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$766.62($650.00 civil penalty+ $116.62 enforcement costs)against Nathdrd D Benson.- This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by Nathan D Benson for the month of September 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.NC0066362. The violations,which occurred in September 2016,are summarized in Attachment A to this letter. Based upon the above facts,I conclude as a matter of law that Nathan D Benson violated the terms, conditions or requirements of NPDES WW Permit No.NCO066362 and G.S. 143-215.1(a)(6)in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2),a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources,I, G.Landon Davidson, P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Nathan D Benson: State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 $400.00 4 of the 4 violations of 143-215.1(a)(6)and Permit No.NC0066362, by discharging waste water inter, the waters of the State in violation of the Permit Daily Maximum for TSS Conc. $250.00 1 of th61 violations of 143-215.l(a)(6)and Permit No.NC0066362,by discharging waste water into the waters of the State in violation of the Permit Monthly Average for TSS-Conc. $650.00 TOTAL CIVIL,PENALTY $116.62 Enforcement Costs $766.62 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty(30)days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission,OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 „tion 2: Submit a written request for remission or mitigation including a detailed justification for such request: *, Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses.the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted,and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)was wrongfully' applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations;or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore,it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing,and Stipulation of Facts”form within thirty(30)d4ys of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request.' - Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.. You must file the petition with. the Office of Administrative Hearings within thirty(30)days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.,except for official state holidays. The petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions)-provided the signed original,one(1)copy and a filing fee(if a filing fee is required byNCGS §15013-23.2)is received in the Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)733-2698 Fax: (919)733-3478 One(1)copy of the petition must also be served on DEQ as follows: Mr.William F.Lane,General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter)on the petition. Failure to exercise one of the options above within thirty(30)days of receipt of this letter,as evidenced by an internal date/time received stamp(not-a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at(828)296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G.Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office-Enforcement File NPDES Compliance/Enforcement Unit-Enforcement File - James&James Environmental/ORC G^.GdR\G`i't�\Ffen�usun\l4astexarer\\•Sinur3r.Lensrnt Apanments 6636TL4=2017-6090.rtf JUSTIFICATION FOR RENIISSION REQUEST 'ase Number: LV-2017-0090 County: Henderson Assessed Party: Nathan D Benson Permit No.: NC0066362 Amount Assessed: $766.62 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing,and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S.§ 14313-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation,including copies of supporting documents, as to why the factor applies(attach additional pages as needed). _ (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were wrongfully applied to the detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document); _ (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(Le., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Nathan D Benson ) Benson Apartments ) PERMIT NO.NCO066362 ) CASE NO. LV-2017-0090 Having been assessed civil penalties totaling$766.62 for violation(s)as set forth in the assessment document of the Division of Water Resources dated March 30,2017,the undersigned,desiring to seek remission of the civil penalty,does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the notice of assessment. This the day of ,20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Nathan D Benson CASE NUMBER: LV-2017-0090 PERMIT: NCO066362 REGION: Asheville FACILITY: Benson Apartments COUNTY: Henderson LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 -Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 9/7/2016 9-2016 Solids,Total Weekly mg/I 45 54.70 21.6 Daily $100.00 Suspended- Maximum Concentration Exceeded 9/14/2016 9-2016 Solids,Total Weekly mg/I 45 90.70 101.6 Daily $100.00 Suspended- Maximum Concentration Exceeded 9/21/2016 9-2016 Solids,Total Weekly mg/l 45 81.40 80.9 Daily $100.00 Suspended- Maximum Concentration Exceeded 9/29/2016 9-2016 Solids,Total Weekly mg/I 45 69.10 53.6 Daily $100.00 ^� Suspended- Maximum Concentration Exceeded 9/30/2016 9-2016 Solids,Total Weekly mg/l 30 61.00 103.5 Monthly $250.00 Suspended- Average Concentration Exceeded k, i= i ORE. 1I11 XMMMi ? Certified Mail#7015 1520 0003 5463 2176 Return Receipt Requested March 30,2017 Deborah Harrell,President Days Inn of Candler,Inc. 1872-A Montreal Rd Tucker,GA 30084-5709 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6) and NPDES WW Permit No.NCO025933 Days Inn of Candler,Inc. Days Inn West WWTP �. Case No.LV-2017-0095 Buncombe County Dear Permittee: his totter tranmita���ot�,�e;,of N'iolation:;andassessment of civil penalty in the t of$366 f .($250 00 cavil penalty -_ - $116.62 enforcement costs)against Days Inn of Candler,Inc.; This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by Days Inn of Candler,Inc. for the month of September 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.NC0025933. The violations,which occurred in September 2016, are summarized in Attachment A to this letter. Based upon the above facts,I conclude as a matter of law that Days Inn of Candler,Inc.violated the terms,conditions or requirements of NPDES WW Permit No.NCO025933 and G.S. 143-215.1(a)(6)in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2),a civil penalty may be assessed against any person who violates the terms,conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources,I, G.Landon Davidson, P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Days Inn of Candler,Inc.: State of North Carolina Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 $250.00 1 of the 1 violations of 143-215.1(a)(6)and Permit No.NC0025933,by discharging waste water into., the waters of the State in violation of the Permit Monthly Average for NH3-N-Cone. $250.00 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $366.62 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c),in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty(30)days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directlyAo the order of the Department of Environmental Quality(do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 `\_it „,tion 2: Submit a written request for remission or mitigation including a detailed justification for such requests Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because aremission request forecloses the.option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted,and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.I(b)was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations;or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status,directions for payment,and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties Waiver of Right to an Administrative Hearing,and Stipulation of Facts form within thirty(30)days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request.” Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.,except for official state holidays. The petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions)-provided the signed original,one(1)copy and a filing fee(if a filing fee is required by NCGS§150B-23.2)is received in the Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You should contact the Office.of Administrative Hearings with all questions regarding tthe filing;fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)733-2698 Fax: (919)733-3478 One(1)copy of the petition must also be served on DEQ as follows: Mr.William F.Lane,General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,North Carolina 27699-1601 ; Please indicate the case number(as found on page one of this letter)on the petition. Failure to exercise one of the options above within thirty(30)days of receipt of this letter,as evidenced by an internal • -date/time received stamp(not a`postmark),will result"m-th s matter being-referred to the Attorney General's()frice for -=- collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at(828)296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, I G.Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office-Enforcement File NPDES Compliance/Enforcement Unit-Enforcement File James&James Environmental/ORC '\tiR\WQ\&unconibe`Sb;tatewater\\,IinorO,)aps Inn W, t 25933\.LV•2017-0095,rtf JUSTIFICATION FOR REMISSION REQUEST -_.ise Number: LV-2017-0095 County: Buncombe Assessed Party: Days Inn of Candler,Inc. Permit No.: NC0025933 Amount Assessed: $366.62 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document.` Pursuant to N.C.G.S. § 143B-282.1(c) remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation,including copies of supporting documents, as to why the factor applies(attach additional pages as needed). _ (a) one or more of the civil penalty assessment factors in N.CG.S.143B-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(Le., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF BUNCOMBE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Days Inn of Candler,Inc. ) Days Inn West WWTP ) PERMIT NO.NCO025933 ) CASE NO. LV-2017-0095 Having been assessed civil penalties totaling$366.62 for violation(s)as set forth in the assessment document of the Division of Water Resources dated March 30,2017,the undersigned,desiring to seek remission of the civil penalty,does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented.in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the notice of assessment. This the day of 520 SIGNATURE ADDRESS TELEPHONE 'i ATTACHMENT A Days Inn of Candler, Inc. CASE NUMBER: LV-2017-0095 PERMIT: NCO025933 REGION: Asheville FACILITY: Days Inn West WWTP COUNTY: Buncombe LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 9/30/2016 9-2016 Nitrogen,Ammonia Weekly mg/I, 4.70 6.80 44.0 Monthly $250.00 Total(as N) Average Concentration Exceeded +BOFI�R: > IICAI I: IEA . 41 �9 ��; CERTIFIED MAIL: 7015 1520 0003 5463 4033 RETURN RECEIPT REQUESTED March 31, 2017 Ben Turmire Town of Rhodhiss PO Box 40 Rhodhiss, NC 28667-0040 SUBJECT: NOTICE OF VIOLATION &INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2017-DV-0074 Sanitary Sewer Overflow January 2017 Failure to Submit 5-Day Report Collection System No. WQCSDO042 Rhodhiss Collection System Burke County —Ar Permittee: A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO's) 24-hour Report submitted by Town of Rhodhiss. The Division's Asheville Regional Office concludes that the Town of Rhodhiss violated 15A NCAC 02T40403,=by failing to effectively.manage, maintain, and operate their collection system so that there-is.no-S80 (Sanitary Sewer Overflow) to the land or surface waters and the SSO constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-215.1. The Division's Asheville Regional Office also concludes that the Town of Rhodhiss violated 15A NCAC 02B.0506 a. (3) by failing to submit a 5-day written report regarding this SSO. The Asheville Regional Office is providing the Town of Rhodhiss an opportunity to provide evidence and justification as to why the Town of Rhodhiss should not be assessed a civil penalty for the violation(s) that are summarized above and below: Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 201700104 1/23/2017 240 Catawba Ave Pump Severe Natural 2500 Notice of Violation Station Condition pis Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violations Pursuant �,, 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. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 This office requests that you respond to this Notice, in writing,within 10 business days of its receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other actions taken to prevent the recurrence of similar situations. The response to this correspondence will be rF considered in this process. If you have any questions, please do not hesitate to contact Linda Wiggs with the Water Quality Section in the Asheville Regional Office at 828-296-4500 or via email at linda.wiggs@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section. Asheville Regional Office Division of Water Resources, NCDEQ Cc: Asheville Regional Office - WQS File Central Files, Water Quality Section G:\WR\WQ\Burke\Collection Systems\Rhodhiss Collection System\N0V-2017-DV-0074.SS0 1-2017-failrpt.rtf State of North Carolina Envirownental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 Oy 00PER; �Ifl��, 11ECt� : W � AIM- CERTIFIED MAIL #: 7015 1520 0003 5463 3982 RETURN RECEIPT REQUESTED March 31, 2017 Theresa Coletta, Mayor Town of Burnsville PO Box 97 Burnsville, NC 28714 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2017-DV-0070 Sanitary Sewer Overflows - March 2017 Collection System Permit No. WQCS00143 Burnsville Collection System Yancey County Dear Permittee: The self-reported Sanitary Sewer Overflow(SSO) 5-Day Report submitted by Town_of Burnsville indicates violations of-permit conditions stipulated in-the`subject permif and North Carolina G.S. 143=215.1. Violations include` failing to effectively manage, maintain, and operate the subject collection system so that there is no SSO to the land or surface waters and making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required. Specific incident(s) cited in the subject report include the following: Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mips) Location Cause (Gals) (Gals) DWR Action 201700376 3/16/2017 330 Cherry Ln&Main St Debris in line 7,500 500 Notice of Violation Remedial actions, if not already implemented, should be taken to correct the above noncompliance. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you have any questions, please do not hesitate to contact Linda Wiggs with the Water Quality Section in the \ , Asheville Regional Office at 82&296-4500 or via email.at linda.wiggs@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Su rvisor Water Quality Regional Operations Sectio Asheville Regional Office Division of Water Resources, NCDEQ Cc: Asheville Regional Office - WQS File Central Files, Water Quality Section G:\WR\WQ\Yancey\Collection Systems\Burnsville Collection System\N0V-2017-DV-0070.SS0 3-16-2017,rtf State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 � yk N. CERTIFIED MAIL #: 7015 1520 0003 5463 3999 RETURN RECEIPT REQUESTED March 31, 2017 Ronnie Thompson City of Morganton 305 E Union St Morganton, NC 28655 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2017-DV-0071 Sanitary Sewer Overflows - March 2017 Collection System Permit No. WQCS00028 Morganton Collection System m, Burke County Dear Permittee: -The self-reported:.Sanita.ry..Sewer,Overflow (SSO) 5-Day Report-submitted.by.City.of.Morganton indicates violations of permit canditioos stipulated in the subject permit and North Carolina G.S. 143-215.1.Violations include failing to effectively manage, maintain, and operate the subject collection system so that there is no SSO to the land or surface waters and making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1),for which a permit.is required. Specific incident(s) cited in the subject report include the following: Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 201700400 3/23/2017 75 West Fleming Dr. Grease 375 375 Notice of Violation Remedial actions, if not already implemented, should be taken to correct the above noncompliance. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you have any questions, please do not hesitate to contact Linda Wiggs with the Water Quality Section in the ` Asheville Regional Office at 828-296-4500 or via email at linda.wiggs@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional S p'Visor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: Asheville Regional Office -WQS File Central Files, Water Quality Section 3:\WR\WQ\Burke\Collection Systems\Morganton Collection System\SS0\N0V-2017-DV-0071.SS0 3-23-2017.rtf II I State of North Carolina Environmental Quality I Water Resources 2090 U.S.70 Highway;Swannanoa,NC 28778 828-296-4500 77 CERTIFIED MAIL #: 7015 1520 0003 5463 4002 RETURN RECEIPT REQUESTED March 31, 2017 Thomas E Hartye, PE Metropolitan Sewerage District of Buncombe County North Carolina 2028 Riverside Dr. Asheville, NC 28804-3054 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2017-DV-0072 Sanitary Sewer Overflows - February 2017 Collection System Permit No. WQCS00004 MSD Buncombe County Collection System Buncombe County wear Permittee: The self-reported Sanitary Sewer Overflow (SSO) 5-Day Report submitted by Metropolitan Sewerage District of Buncombe County North Carolina indicates violations of permit conditions stipulated in the subject permit and North Carolina G.S.- 143-215'1. Violations include failing to effectively manage, maintain, and operate the subject collection system so that there is no SSO to the land or surface waters and making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required. Specific incident(s) cited in the subject report include the following: Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 201700276 2/20/2017 39 263 Old Haw Creek Rd Pipe Failure(Break) 971 971 Notice of Violation 201700314 2/27/2017 205 277 Montford Avenue Debris in line 2,152 2,152 Notice of Violation Remedial actions, if not already implemented, should be taken to correct the above noncompliance. Please submit a written response to this Notice of Violation. Your response is to be received by the regional office within 15 business days following receipt of this violation. Please include any additional documentation about this incident(s) 'ie response. The submittal will be considered in determining whether the Division will assess a civil penalty for the cited violations. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you have any questions, please do not hesitate to contact Linda Wiggs with the Water Quality Section in the Asheville Regional Office at 828-296-4500 or via email at linda.wiggs@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: Ken Stines (e-copy) Asheville Regional Office -WQS File Central Files, Water Quality Section 3:\WR\WQ\Buncombe\Collection Systems\MSD Collection System WQCS00004\SSO's\NOV-2017-DV-0072.SSO Feb20l7.rtf i I i State of North Carolina I Environmental Quality(Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 IleO COOPED: CERTIFIED MAIL #: 7015 1520 0003 5463 4019 RETURN RECEIPT REQUESTED March 31, 2017 Thomas E Hartye, PE Metropolitan Sewerage District of Buncombe County North Carolina 2028 Riverside Dr. Asheville, NC 28804-3054 SUBJECT: NOTICE OF DEFICIENCY Tracking Number: NOD-2017-DV-0008 Sanitary Sewer Overflows- February 2017 Collection System Permit No. WQCS00004 MSD Buncombe County Collection System Buncombe County Dear Permittee: - The self-reported Sanitary Sewer Oveiffoary fSSO) 5-Day Report submitted by Metropolitan Sewerage District of Buncombe County North Carolina indicates violations of permit conditions stipulated in the subject permit and North Carolina G.S. 143-215.1. Violations include failing to effectively manage, maintain, and operate the subject collection system so that there is no SSO to the land or surface waters and making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required. Specific incident(s) cited in the subject report include the following: Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mina) Location Cause (Gals) (Gals) DWR Action 201700311 2/27/2017 150 10 Meadowview Rd. Pipe Failure 200 200 Notice of Deficiency Remedial actions, if not already implemented, should be taken to cotrect the above noncompliance. State of North Carolina Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you have any questions, please do not hesitate to contact Linda Wiggs with the Water Quality Section in the Asheville Regional Office at 828-296-4500 or via email at linda.wiggs@ncdenr.gov. Sincerely, G. Landon Davidson, P.G.,.Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: Ken Stines (e-copy) Asheville Regional Office - WQS File Central Files, Water Quality Section G:\WR\WQ\Buncombe\Collection Systems\MSD Collection System WQCS00004\SSO's\NOD-2017-DV-0008.SSO 2-27-2017.rtf State of North Carolina Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 A,+f1111A1 ' ,z . s # 1 '. CERTIFIED MAIL #: 7015 1520 0003 5463 4026 RETURN RECEIPT REQUESTED March 31, 2017 Thomas E Hartye, PE Metropolitan Sewerage District of Buncombe County North Carolina 2028 Riverside Dr Asheville, NC 28804-3054 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2017-DV-0073 Sanitary Sewer Overflows - March 2017 Collection System Permit No. WQCS00004 MSD Buncombe County Collection System Buncombe County c,,ar Permittee: The self-reported Sanitary Sewer Overflow (SSO) 5-Day Report submitted by Metropolitan Sewerage subject permitDistrict f Buncombe County North Carolina in violations of permit conditions stipulated in j p j Forth Carolina G.S. 143 2 S 1: iiiolatioris-lnciOde f�ilii g to effectively manage; maintain; and operate the-suo'ect ce waters and making an outlet to waters of the collection system so that there is no SSO to the land or surfa State for purposes of G.S. 143-215.1(a)(1), for which a permit is required. Specific incident(s) cited in the subject report include the following: Total Vol Total Surface Vol Water Incident Start Duration Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 201700343 3/7/2017 148 190 Hominy Crk Rd Pipe Failure(Break) 280 280 Notice of violation 201700377 3/16/2017 30 1054 Riverside Dr Other 315 315 Notice of Violation Remedial actions, if not already implemented, should be taken to correct the above noncompliance. State of North Carolina j Environmental Quality I water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you have any questions, please do not hesitate to contact Linda Wiggs with the Water Quality Section in Asheville Regional Office at 828-296-4500 or via email at linda.wiggs@ncdenr.gov. thee\ Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: Ken Stines (e-copy) Asheville Regional Office - WQS File Central Files, Water Quality Section G:\WR\WQ\Buncombe\Collection Systems\MSD Collection System WQCS00004\SSO's\NOV-2017-DV-0073.SSO March2017.rtf 77 State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 NA P� A�63 3915 201l p035 MaCGr3l CgON- � jo p55E55 �2 gi ok 13 F vvo NC)WAl �o��5 yea\ed ire Nu�bbec'• NNp bep'I 9, \�\r9� P oC tire Svb�e No,NGPss\s'ced\' t`°,� doso Gou ot� rd �oC\r9 wepo wed Qe°"v�°�v �Xceeded �deC Mor\ Re'P° a �y aX`� e w M ed 16 O\sera<g e �a15 Via\\`I �U��Xceed ze'• 1 Mai\ eaea �eae 6 Xce PveCa9e� M°rah\y ��ceeded �6 16�� a \ eda tel Gl" 20 a\\y M ela �e Qaca'�e lZ�pe91o1 1221 10 � p o\\ra Geo 53 ��°r gG�' Oca`°�`G pe9 Gl" 1I3o1?o16 icy �a Nor Gera\�IeS G°rce pay�2o G031o1 6 \a\or o a o\ 4\0 J\� \or o oe9,Gl" ti�1301201 ro\ed�3 2�c,6e Sor`�a'tto G 5. pay��`�03101 SOX ire G c,. s�ary p a pu<su 001 AGO cer�Ca�\o 20 ve9 0l r9\Ssuea\)rp ed agar \ \slue <G031 \sbe\ Qv assessar`i peC 00 6G�' Cza�`O era\� QeC� ay be G\J\\5 NQOEO ,`°Zss aG\�\�`, T i� OC<ea S°�ces \orl�r� ard�rd do\\aG rs o{ �o\ao'2�5 op- p,Nlace �e lG• er\`I�C �(l\fir °\ a \ ,�may• 6 5°° Spa\e\`(\ar GcoCdar state f, nr ors Croc \r a ° zp9 ceed a cp/e nce V�o/ation \\ Oor g�/dent para"h forth®V Q0,11 0 pr gp0 s e�er �Y'.�V 02 FFFj4ent COnCe strati 0�e opt F/U o°/iqs, TOtd °"(co3 o C�. 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Sincerely, - Regional Supervisor G Landon Davidson►P.G�► Regional Operations Section Water Quality g Asheville Regional NCDEQ Division of Water Resources, Tonal Office - Enforcement File WQS Asheville Reg Unit Enforcement File S Compliance/Enforcement - NPDE James and James Env.IORC OV-2017-021302140215.rtF G.\WR\WQ\Henderson\wastewater\Minors\Henderson s Assisted Living 71897\N _.. A