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HomeMy WebLinkAboutDWR SWP Read File Archive Mar 2010 RCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 1, 2010 Mr. Hugh Barwick Duke Energy Carolinas, LLC 526 S. Church St. Charlotte, NC 28201-1006 SUBJECT: NOTICE OF VIOLATION NOV-2010-PC-0220 401 Water Quality Certification(WQC) Conditions Project No. DWQ 2003-0179 v8 Jackson County Response deadline: March 19, 2009 Dear Mr. Barwick: On February 10, 12, 15 and 25, 2010, the self reported data for the Dillsboro dam removal project, approved by the Division of Water Quality (DWQ) via 401 Water Quality Certification No. DWQ 2003-0179 v8, indicated violations of the condition stipulated by the 401 Certification. Specifically, Duke Energy reported values of 249 NTU, 79 NTU, 56 NTU, and 86NTU at the US 23/441 bridge below the dam removal area on February 10, 12, 15, and 25, 2010, respectively. Based on these data, Duke Energy Carolinas, LLC is in violation of the following: L 401 WQC Condition Violation—Duke Energy Carolinas, LLC submitted a Pre- Construction Notification (PCN) to modify the existing 401 Water Quality Certification on September 16, 2009. The modification was submitted to include additional stream impacts for streambank stabilization. DWQ issued an approval letter for these impacts on January 14, 2010. With this approval, DWQ also added Condition No. 12, which specified that the activities during the dredging and dam removal operations must not exceed the turbidity standard of 50 NTU as measured at the US 23/441 bridge. REQUIRED RESPONSE This Office requests that you respond in writing by March 19, 2010. Your response should be sent to both the attention of Ms. Susan A. Wilson, Division of Water Quality, 2090 US HWY 70, Swannanoa, NC 28778 and to the attention of Mr. John Hennessy at the Wetlands and Stormwater SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NarthCarolina Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Mr.Barwick March 1,2010 Page 2 of 2 Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should address the following items: I. 401 WQ Certification } a. Clearly explain why violations of the 401 Water Quality Certification occurred on each day and what actions were taken to abate the violations. b. Please explain how these violations will not occur in the future. Thank you for your attention to this matter. 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 Ms. Wilson at (828) 296-4500. Sincerely, Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit John Dorney-Wetlands Program Development Unit ARO File Copy DWQ Central Files Jackson County Planning S:\SWP\Jackson\401s\Non-DOT\DillsboroDam\NOV.401Dillboro 2003-0179 v8.03 2010.doc AJ�A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION March 1, 2010 Mr. Steve Rice 73 Crest Ridge Asheville, North Carolina 28803 Subject: Collection System Pump Station 16 National Avenue Fletcher, NC 28732 Buncombe County Dear Mr. Rice: This Office has recently become aware that you are operating a sewage pump station adjacent to 16 National Avenue in Fletcher. This letter is to advise you of the responsibilities of the owner and operator of a private collection system pump station as required by Subchapter 2T of the North Carolina Administrative Code. 15A NCAC 02T .0403 PERMITTING BY REGULATION (a) Collection systems having an actual, permitted or Division approved average daily flow less than 200,000 gallons per day are deemed permitted pursuant to Rule .0113 of this Subchapter provided the system meets the criteria in Rule .0113 of this Subchapter and all specific criteria required in this Rule: (1)The sewer system is 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. (2) A map of the sewer system has been developed and is actively maintained. (3)An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. (4) Pump stations that are not connected to a telemetry system (i.e., remote alarm system) are inspected by the permittee or its representative every day (i.e., 365 days per year). Pump stations that are connected to a telemetry system are inspected at least once per week. (5) High-priority sewers are inspected by the permittee or its representative at least once every six-months and inspections are documented. (6) A general observation by the permittee or its representative of the entire sewer system is conducted at least once per year. (7) Overflows and bypasses are reported to the appropriate Division regional office in accordance with 15A NCAC 02B .0506(a), and public notice is provided as required by G.S. 143-215.1C. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 One Phone: (828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 NOI[hC1P011ria Internet:www.ncwaterauality.org S:\SWP\Buncombe\Z-Loose Does Xturallry Page 2 March 1, 2010 As authorized by NCGS 143-215.6A, a civil penalty may be assessed for any failure to secure a permit required by NCGS 143-215.1 or for violation of any classification, standard, limitation or management practice established pursuant to NCGS 143-214.1 or 143-215. The Environmental Management Commission is empowered to assess civil penalties of not more than twenty five thousand dollars ($25,000) per day per violation for as long as the violation continues. Any future discharges observed by DWQ personnel could result in the recommendation for an enforcement action. If you should have any questions, please do not hesitate to contact Jeff Menzel at 828/296-4500. Your prompt attention to this matter is greatly appreciated. Sincerely, Roger Edwards, Regional Supervisor Surface Water Protection Section cc. Asheville Files __ � •WA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality ,Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 1, 2010 William Reimann 5 North Dixon Dr. Batavia, IL. 60510 Subject: 401 Water Quality Certification - Approval William Reimann Property Lot 55 DWQ Project# 10-0047 Caldwell County CT13 /Mill Crk/ 11-57-2 / WS-IV CA Dear Mr. Reimann: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. --Approval has been granted to place fill within or otherwise impact 151 linear feet or 0.01 acres of open waters �r the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required Duke Energy, federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control, Buffer and Water Supply Watershed regulations. Please note this approval does not approve any buffer impacts. Your plan indicates a construction pathway. A temporary road less than 2,500 square feet is acceptable as long as vegetation is restored within six months and erosion control measures are in place for the disturbance to avoid impacts to waters of the State. Trees should not be removed for your temporary road. The 2 trees in your plan you would like to remove are acceptable. Trees lying in the water can be removed if they are a navigational concern; otherwise it is recommended that they remain for habitat. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001FAX:828-299-70431 Customer Service:1-877-623-6748 NorthCarollna �Internet:www.ncwatergLiality.org rztlu�r�ll An Equal Opportunity 1 AHirrnative Action Employer William Reimarm March 1,2010 Page 2 of 2 Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Waters 0.01 (acres) I Drawing Plan Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Linda Wiggs in the Asheville Regional Office at 828-296-4500. Sincerely, Coleen H. Sullins, Director - CHS/lsw Enc: GC3693 Certificate of Completion cc: USACE Asheville Regulatory Field Office 401 Permitting Unit—Central Office File Copy Duke Energy Lake Services Caldwell County Planning Dept. Marine Construction Co.-Tony Gaines 3457 Yorkland Dr. Hickory, NC 28601 S:\SWP\Caldwell\401s\Non-DOT\Reimann Property\10-0047Approval.doc lv At •® NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 1, 2010 Graham County DWQ Project 20100107 TIP No. B-4122 NCSR 1117(Moose Branch Road) Approval of 401 Water Quality Certification with Additional Conditions Dr. Gregory J. Thorpe, Ph.D. Environmental Management Director, PDEA North Carolina Department of Transportation Project Development and Environmental Analysis 1598 Mail Service Center Raleigh,North Carolina, 28699-1548 Dear Dr. Thorpe: "ou have our approval, in accordance with the conditions listed below, for the following impacts in Long Creek, for the ,.urpose of replacing the existing Bridge No. 81, over Long Creek, on NCSR 1117 (Moose Branch Road) in Graham _County: Stream Im acts in the Little Tennessee River Basin Site Permanent Bank Permanent Temporary Total Stream Fill in Stabilization Fill in Impacts in Stream Impacts Intermittent in Perennial Perennial Perennial Impact Requiring Stream(linear Stream Stream Stream (linear ft) Mitigation ft) (linear ft) (linear ft) (linear ft) (linear ft) Site 1 0 175 37 0 212 0 Total 0 175 37 0 212 0 Total Permanent Stream Impacts for Project: 37 linear feet. Total Bank Stabilization Impacts for Project: 175 linear feet. The project should be constructed in accordance with your application dated February 4, 2010 (received February 9, 2010), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Nos. 3689 and 3687, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 13 and 25. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. ZFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollna Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 V 1, `/ Internet: www.ncwaterquality.org aturally An Equal Opportunity 1 Affirmative Action Employer Dr. Greg Thorpe, PhD. March 1, 2010 Page Two This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed? one acre, or if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to he valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s) of Certification: 1. There shall be no excavation from or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. The permittee shall use/Design Standards in Sensitive Watersheds/[15A NCAC 413.0124(a)-(e)] in areas draining to trout waters. However, due to the size of the project,NCDOT shall not be required to meet 15A NCAC 413.0124 (a) regarding the maximum amount of uncovered acres. Temporary cover(wheat, millet, or similar annual grain)or permanent herbaceous cover should be planted on all bare soil within 15 business days of ground disturbing activities, to provide erosion control. Coir fiber matting should be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas, and should be secured in place with staples and wherever possible, include live stakes of native trees. Straw mulch and tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian zones. Coir fiber matting shall be used in conjunction with appropriate seeding for the establishment of permanent herbaceous cover on disturbed soils within the riparian area. Hydro seeding along with wood or cellulose based hydro mulch applied from a fertilizer and limestone free tank is allowable at the appropriate rate for the establishment of temporary groundcover within riparian zones. Discharging hydroseed mixtures and wood or Straw mulch and tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian zones. Coir fiber matting shall be used in conjunction with appropriate seeding for the establishment of permanent _ .,orpe, PhD. 52010 i hree herbaceous cover on disturbed soils within the riparian area. Hydro seeding along with wood or cellulose based hydro mulch applied from a fertilizer and limestone free tank is allowable at the appropriate rate for the establishment of temporary groundcover within riparian zones. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters is prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. 5. In-stream work and land disturbance within the 25-foot buffer zone are prohibited during the trout-spawning season of October 15 through April 15 to protect the egg and fry stages of trout. 6. For projects impacting waters classified by the NC Environmental Management Commission as Trout Jr), High Quality Waters(HQW), or Water Supply I or II(WS-I or WS-II)stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pretreating stormwater runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. 7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams and other diversion structures, shall be used to prevent excavation in flowing water. 8. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted area shall be revegetated with appropriate native species. 9. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 10. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This water shall be captured,treated and disposed of properly. 11. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction methods. More specifically, jetting or other methods of pile driving are prohibited without prior written approval from NCDWQ first. '?. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in this certification. 13. All bridge construction shall be performed form the existing bridge, temporary work bridges, temporary causeways or floating or sunken barges. If work conditions require barges, they shall be floated into position and then sunk. The barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the bottom of the surface water. 14. Bridge deck drains should not discharge directly into the streams. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the most current version of Stormwater Best Management Practices. 15. The dimension, pattern and profile of the stream, above and below the bridge, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 16. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 17 The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 18. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize. sedimentation and reduce the introduction of other pollutants into the stream. 19. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.. 20. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval_ 21. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. '2. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. ....__._....... Dr. Greg Thorpe, PhD. March 1, 2010 Page Four 23. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 24. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 25. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 26. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 27. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 28. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 29. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 30. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 31. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd., Suite 250, Raleigh,North Carolina 27604. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This 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,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. .orpe, PhD. , 2010 ive This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, /71 Coleen H. Sullins, Director Division of Water Quality cc: David Baker, USACE, Asheville Field Office J.-B. Setzer, Division 14 Engineer Mark Davis, Division 14 DEO Ed Ingle, Roadside Environmental Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 100107(Thorpe)Bridge No.81 NCSR 1117 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 1,2010 Burke County DWQ Project 20100125 TIP No.R-2824 NCSR 1546 (Lovelady Road) Approval of 401 Water Quality Certification with Additional Conditions Dr. Gregory J.Thorpe,Ph.D. Environmental Management Director,PDEA North Carolina Department of Transportation Project Development and Environmental Analysis 1598 Mail Service Center Raleigh,North Carolina,28699-1548 Dear Dr.Thorpe: `rou have our approval,in accordance with the conditions listed below, for the following impacts in Hoyle Creek and in -an unnamed tributary to Hoyle Creek for the purpose of replacing the existing Bridge No. 110,over Hoyle Creek,on NCSR 1546 (Lovelady Road) in Burke County: Stream Impacts in the Catawba River Basin Site Permanent Fill in Temporary Permanent Temporary Total Stream Intermittent Stream Fill in Fill in Fill in Stream Impacts (linear ft) Intermittent Perennial Perennial Impact Requiring Stream(linear Stream Stream (linear ft) Mitigation ft) (linear ft) (linear ft) (linear ft) Site 1 0 0 28 0 28 0 Site 2 85 0 0 0 85 0 Site 3 0 0 0 3 3 0 Total 85 0 28 1 3 1 116 1 0 Total Permanent Stream Impact for Project: 113 linear feet. Total Temporary Impacts for Project: 3 linear feet. The project should be constructed in accordance with your application dated February 9, 2010 (received February 16, 2010), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Nos. 3699, 3689 and 3704, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 12, 13 and 14. In addition,you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. 'URFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One cation:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCaxohna Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 Internet: wvvw.ncwaterquality.org An Equal Opportunity\Affirmative Action Employer Dr. Greg Thorpe,PhD. March 1, 2010 Page Two This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s) of Certification: I. There shall be no excavation from or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,they shall be removed and the natural grade restored upon completion of the project. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the . proj ect. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. NCDOT shall design, construct, and operate and maintain hazardous spill catch basins(HSCBs) at the downstream side of the new Hoyle Creek Bridge within the WS-IV CA watershed. The HSCBs shall be located at Station numbers 20+48 LT-L-and 21+01 LT-L-. 5. NCDOT will need to adhere to all appropriate in-water moratoria prescribed by the NC Wildlife Resources Commission. 6. For projects impacting waters classified by the NC Environmental Management Commission as Trout(Tr),High Quality Waters (HQW), or Water Supply I or II(WS-I or WS-II) stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pretreating stormwater runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. 7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams and other diversion structures, shall be used to prevent excavation in flowing water. 8. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted area shall be revegetated with appropriate native species. _,orpe,PhD. 2010 i hree 9. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 10. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This water shall be captured,treated and disposed of properly. 11. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction methods. More specifically, jetting or other methods of pile driving are prohibited without prior written approval from NCDWQ first. 12. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in this certification. 13. All bridge construction shall be performed form the existing bridge,temporary work bridges,temporary causeways or floating or sunken barges. If work conditions require barges, they shall be floated into position and then sunk. The barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the bottom of the surface water. 14. Bridge deck drains should not discharge directly into the streams. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the most current version of Stormwater Best Management Practices. 15. The dimension, pattern and profile of the stream, above and below the bridge, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 16. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 17 The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. __8. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 19. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels,lubricants,hydraulic fluids, or other toxic materials. 20. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 21. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 22. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 23. No rock, sand or other materials shall be dredged from .the stream channel, except where authorized by this certification. 24. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 25. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 26. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 27. The outside buffer,wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. Dr. Greg Thorpe,PhD. March 1,2010 Page Four 28. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance;-NCDWQ may reevaluate and modify this certification. 29. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 30. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 31.Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed"Certificate of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd., Suite 250,Raleigh,North Carolina 27604. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This 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,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, Coleen H. Sullins,Director Division of Water Quality cc: David Baker,USACE,Asheville Field Office J.J. Swain,Division 13 Engineer Roger Bryan,Division 13 DEO Ed Ingle,Roadside Environmental Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 100125(Thorpe)Bridge No. 110 NCSR 1546 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 1, 2010 Neptco Incorporated Chris Crane, Plant Engineer PO Box 1766 Lenoir,NC 28645 SUBJECT: NPDES Stormwater Permit Compliance Inspection Neptco Inc. Permit No: NCG030148 Caldwell County Dear Mr. Crane: A Stormwater Permit Compliance Inspection was conducted at the Neptco facility in Caldwell County, NC on February 12, 2010. Present during the inspection were Dan Upton with Neptco and Warren DePree with the City of Lenoir. The facility was found to be in compliance with permit NCG030148. The following observations and recommendations were noted during the Division of Water Quality (DWQ) inspection: Stormwater DischarIze Outfalls Three piped stormwater conveyances and one overland flow stormwater conveyance were observed during the inspection. These four stormwater discharge outfalls will require all of the Analytical and Qualitative monitoring, including Total Toxic Organics Monitoring. Please add these Stormwater Discharge Outfalls (SDO)to your site plan and monitoring schedule. Also delineate drainage areas and conveyances for each stormwater discharge. Housekeeping Calcium Carbonate was present around the silos and had made its way to the south end of the parking area. This needs to be cleaned up to avoid possible pollutant loads to nearby waters and possibly altering pH levels. Although not considered a significant spill, the release of any product needs immediate attention. Analytical Stormwater MonitorinLy Submittal Please submit the next two sampling events analytical monitoring results from all of the Stormwater Discharge Outfalls to the Asheville Regional Office(ARO) at the following address: Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 T�7One Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 l�oPthCarofin 1 Internet:www.ncwaterquality.arg lVatll1'll>l�l�f An Equal Opportunity 1 Affirmative Action Employer Page Two Neptco-NCG030148 March 1,2010 Division of Water Quality-Linda Wiggs, 2090 US HWY 70, Swannanoa,NC 28778. Submittal of these results to the Central Office as directed in the permit is also required. Also make sure the units of measurement are reported correctly and the reports are properly signed. It appears that in the past your Lead units have been reported incorrectly, indicating exceedances of benchmarks. It is recommended that you send an amended report with the corrected Lead units to Division of Water Quality. Attached is a copy of the inspection report. Please contact me at (828) 296-4653 or linda.wiggsgncdenr. ov, if I can be of any further assistance. Sincerely, t� P, Linda Wiggs Environmental Specialist Surface Water Protection Enclosure cc: Central Files Asheville Files Neptco-Dan Upton PO Box 2323 Pawtucket, RI 02861-0323 City of Lenoir-Warren DePree PO Box 958 801 West Ave NW Lenoir, NC 28645 S:\SWP\Caldwell\Stormwater\NCG03 Metal Fabrication\Neptco-NCG030148\Neptco-Inspect Itr Feb-2010.doc Compliance Inspection Report ,at: NCG030148 Effective: 11/01/07 Expiration: 10/31/12 Owner: Neptco Inc SOC: Effective: Expiration: Facility: Neptco Incorporated County: Caldwell 2012 Hickory Blvd Region: Asheville Lenoir NC 28645 Contact Person: Chris Crane Title: Phone: 828-728-5951 Ext.2301 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 02/12/2010 Entry Time: 11:00 AM Exit Time: 01:50 PM Primary Inspector: Linda S Wiggs Phone: 828-296-4500 Ext.4653 Secondary Inspector(s): \Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Metal Fabrication Stormwater Discharge COC Facility Status: ■ Compliant ❑ Not Compliant Question Areas: ®Storm Water (See attachment summary) Page: 1 Permit: NCG030148 Owner-Facility: Neptco Inc Inspection Date: 02/12/2010 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Monitoring reports are currently filled out by commercial lab. Units have been reported incorrectly. If the lab continues to fill out form for facility then the facility needs to make sure the lab is converting units. Regardless of who fills out form, the form has to be signed by permittee or designated agent. Two Lead data points are recorded incorrectly with the Division of Water Quality, July 4, 2008 and July 22, 2009. It is recommended that an ammended Stormwater Discharge Monitoring Report be submitted to the Raleigh NC office. Total Toxic Organics need to be monitored. Four SDOs were found. Three piped, one overland. Outfalls, conveyances, and drainage areas need to be on site plan. Results from the next two monitoring events need to be sent to Asheville Office as well as Raleigh Office. CaCO3 lost at Silos and needs to be cleaned up. Neptco down the road at 3908 Hickory Blvd needs to be permitted. Notice of Intent(application)was sent to Dan Upton via email 2/15/2010. Page: 2 .-ermit: NCG030148 Owner-Facility: Neptco Inc ,action Date: 02/12/2010 Inspection Type: Compliance Evaluation Reason for Visit: Routine ormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ n ❑ Q #Does the Plan include a General Location(USGS) map? ■ ❑ n Q #Does the Plan include a"Narrative Description of Practices"? ® ❑ n #Does the Plan include a detailed site map including outfall locations and drainage areas? rl ■ #Does the Plan include a list of significant spills occurring during the past 3 years? ❑ ■ ❑ Q #Has the facility evaluated feasible alternatives to current practices? ❑ ❑ ■ #Does the facility provide all necessary secondary containment? ■ fl ❑ n #Does the Plan include a BMP summary? ■ ❑ Q 11 #Does the Plan include a Spill Prevention and Response Plan(SPRP)? ■ n 0 Q #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ n ❑ ❑ #Does the facility provide and document Employee Training? ■ ❑ ❑ 0 #Does the Plan include a list of Responsible Party(s)? ■ n Q #Is the Plan reviewed and updated annually? ■ n Does the Plan include a Stormwater Facility Inspection Program? ■ n n n \ Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ ❑ n Comment: Site map needs to include all stormwater discharge outfall (SDO) points, four were observed during inspection. Facility needs to delineate drainage area and stormwater conveyances. The facility does not indicate any significant spills in the last three years. Although not "significant", at the Silos there was what was described as a blow down of Calcium Carbonate. Calcium Carbonate staining across the parking lot from the Silos and deposition of Calcium Carbonate in a snow mound was observed during inspection. The Calcium Cabonate needs to be properly cleaned up. There does not appear to have been a need for a feasibilty study. Depending on results from all SDOs it is possible there may be a need for one in the future. Also depending on the type of product stored in the silos a feasibiity study or possible secondary containment could be needed in the future. However the facility rep indicates the silos will be dismantled in the future. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ ❑ ❑ Comment: Analytical Monitoring Yes No NA NE as the facility conducted its Analytical monitoring? ■ ❑ ❑ n #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ n ® n Page: 3 Permit: NCG030148 Owner-Facility: Neptco Inc Inspection Date: 02/12/2010 Inspection Type:Compliance Evaluation Reason for Visit: Routine Comment: The facility believed it had only one outfall and did not need to perform Total Toxic Organic analysis. Analytical Monitoring needs to include Total Toxic Organics. All four SDOs need to be monitored for all parameters. Permit and Outfalls Yes No NA NE #Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ 011 #Were all outfalls observed during the inspection? ■ 0 011 #If the facility has representative outfall status, is it properly documented by the Division? n f_l ■ (_l #Has the facility evaluated all illicit(non stormwater)discharges? ■ n ❑ f_l Comment: Facility has three piped stormwater conveyances and one overland flow stormwater conveyance that need monitoring. Page: 4 N,;:F NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 1, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED —7007 1490 0004 0713 8311 Ms. Annette Tarnawsky, Registered Agent Sequoyah National Golf Club, LLC P.O. Box 455 Cherokee,NC 28719 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Sequoyah National Golf Course DWQ Tracking Number: NCROO1658 NOV-201 O-PC-0208 Construction Stormwater Permit-NCGO10000 Stream Standard Violation - Other Waste (In-stream sediment) Jackson County Response deadline: March 19, 2010 Dear Ms. Tarnawsky: On February 11,2010, Ms. Susan A. Wilson from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection at Sequoyah National Golf Course in Jackson County. Mr. Robert Shelton, Jackson County Erosion Control, Mr. Doug Swartz, Superintendent— Landscapes Unlimited, and Mr. Jason Morrell, Wetland &Ecological Consultants, were also present during the site visit. Construction Stormwater Permit NCGO10000 and stream standards violations were noted during the inspection and file review. Sediment impacts to two different areas of an unnamed tributary to Crooked Creek, a Class C waterbody in the Little Tennessee River basin, were documented constituting permit and standard violations. Approximately 6— 8 inches of sediment was noted in pockets along the unnamed tributary to Crooked Creek and to a delineated wetland area below the failed slope. The pockets were noted along the entire length of the unnamed tributary. Another unnamed tributary to Crooked Creek, below the driving range area,was also impacted by sediment due to another incident. This sediment was noted from below the sediment basin up to the pond (on Mr. Spangenberg's property). It was undetermined how much sediment from the area below the driving range may be deposited in the downstream pond. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swarmanoa,North Carolina 28778 NOf thCarofina Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org Naturally An Equal'Opportunity 1 Affirmative Action Employer i Ms.Tamawsky March 1,2010 Page 2 of 5 As a result of the site inspection and file review, the following violations, detailed below, were noted: I Construction Stormwater Permit NCGO10000 a. Rain Gauge Data(Part I. Section B. No. 1) b. Schedule of Compliance (Part 1. Section C. No. 2) c. Minimum Monitoring and Record Keeping (Part I. Section B. No. 1) d. Final Limitations and Controls for Stormwater Discharges (Part I. Section A. No.2) e. Twenty-four Hour Reporting(Part II. Section E. No.3) II Stream Standard Violation Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f VIOLATIONS I. Construction Stormwater Permit NCG010000 - A Construction Stormwater Permit (NCGO 10000) is issued upon the approval of an Erosion and Sedimentation Control Plan for sites greater than one acre. This permit applies to projects that receive a Division of Land Resources (DLR) (or local delegated program—in this case, Jackson County)permit for disturbance of 1 acre or greater. Specifically, the NCGO10000 Permit authorizes discharge of stormwater under the National Pollutant Discharge Elimination System (NPDES) in accordance with Title 15 A North Carolina Administrative Code 2H.0100. a. Rain Gauge Data (Part I. Section B. No. 1.) Rain gauge data, measured daily, was not available for review. * However, Mr. Swartz indicated that these could be provided. Please submit stormwater inspection records from November 1, 2009 through the date of response to this Notice of Violation. b. Schedule of Compliance (Part I. Section C. No. 2) Failure to operate and maintain stormwater controls to optimum efficiency as cited by Jackson County's Notice of Violation dated February 2, 2010, represents a violation of NCGO10000 Permit. c. Minimum Monitoring and Record Keeping(Part I. Section B. No. 3) Inspection records of erosion&sedimentation control measures and stormwater discharges, collected weekly and after every half-inch or greater rain event, were not available for review. *However, Mr. Swartz indicated that these could be provided. Please submit stormwater inspection records from November 1, 2009 through the date of response to this Notice of Violation. d. Final Limitations and Controls for Stormwater Discharges (Part I. Section A. No.2) Failure to follow the Erosion Control Plan, as cited in Jackson County's Notice of Violation dated February 2, 2010, represents a violation of NCGO10000 Permit. 7 e. Twenty-four Hour Reporting (Part II. Section E.No.3) The lack of notification to DWQ regarding sediment loss represents violations of NCGO10000 Permit. II. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f-two different unnamed tributaries to Crooked Creek, a Class C waterbody, were impacted by sediment deposition greater than 6 inches in pockets throughout the stream reaches, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f). As described previously, one area was the tributary below the slope failure and one area was the tributary below the driving range. A delineated wetland area(below the slope failure) was also impacted by sediment. REQUIRED RESPONSE This Office requests that you respond in writing to this Notice by March 19, 2010. Your response should be sent to both the attention of Susan A. Wilson, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response should address the following items: I. Construction Stormwater Permit NCG010000 a. Please detail the events that resulted in non-compliance with the above-mentioned NCGO10000 permit conditions. b. Please explain when you anticipate being in full compliance with the NCGO10000 Permit and your Erosion and Sediment Control Plan. c. Please provide information detailing your compliance with the minimum monitoring and reporting requirements as requested above for each phase of the project. This information must include monitoring records through to the date of your written response to this letter. Specifically,it is requested that DWQ be provided a copy of all rain gauge data and weekly inspection/monitoring reports related to your inspections of the approved sedimentation and erosion control facilities and stormwater outfalls. Copies of all corresponding inspections subsequent to rain events greater than 0.5 inches are requested as well. This information should be provided for records from November 1,2009 to present. Failure to provide this information will constitute violations of the subject NCGO10000 Permit. d. You should include in your response an explanation of how you propose to prevent these problems from reoccurring on this project and on future projects. Ms.Tamawsky March 1,2010 Page 4 of 5 II. Stream Standard - Other Waste (In-Stream Sediment) a. Please explain when construction(excavation, grubbing, and clearing) began at the site. b. Please provide a map that exactly details the jurisdictional waters on the tract. This map should indicate all of the jurisdictional waters on the tract as well as the areas that have been impacted, both on and off site. This information must be clearly depicted on a map that you provide as a part of this response; c. Please submit a Sediment Removal Restoration Plan (Restoration Plan)to this office for review and approval. The Restoration Plan must address removal of the accumulated sediment from both unnamed tributaries to Crooked Creek. The Restoration Plan must be submitted to the Division of Water Quality for review and approval prior to implementation. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with your plan development. It is recommended that your consultant contact Susan A. Wilson of the Asheville Regional Office for additional guidance during restoration plan development. The Restoration Plan should include the following: • A narrative explaining how sediment will be removed and how impacted jurisdictional waters will be restored. • 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. • A narrative explaining how sediment will be retained on the site and kept out of waterways, and how restoration activities will be conducted such that turbidity standards are not exceeded. d. Once the Restoration Plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Susan A. Wilson. 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 Quality 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 Susan A Wilson at (828) 296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office Enc: Inspection Report cc: John Hennessy-NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Jason Morrell, Wetland& Ecological Consultants,Inc. Robert Shelton, Jackson County Planning (w/Inspection Report) SASWP\Jackson\Stormwater\NCG01 Construction\Sequoyah Natl Golf Course\NOV-2010-PC-0208.Sequoyah Golf 02.2010.doc Compliance Inspection Report Permit: NCG010000 Effective: 01/01/08 Expiration: Owner: Eastern Band of Cherokee Indians SOC: Effective: Expiration: Facility: Sequoyah National Golf Course County: Jackson Near Sr1532 Region: Asheville DWQ Tracking No: NCR001658 Whittier NC 28789 Contact Person: R D Childers Title: Director Phone:828-497-1802 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s) Related Permits: Inspection Date: 02/11/2010 Entry Time: 11:06 AM Exit Time: 12:41 PM Primary Inspector: Susan A Wilson Phone:828-294-4500 Secondary Inspector(s): Reason for Inspection: Complaint Inspection Type:Compliance Evaluation Permit Inspection Type: Construction Stormwater Facility Status: Q Compliant ® Not Compliant Question Areas: ®Construction (See attachment summary) Page: 1 Permit: NCR001658 Owner-Facility: Eastern Band of Cherokee Indians Inspection Date: 02/11/2010 Inspection Type:Compliance Evaluation Reason for Visit:Complaint Inspection Summary: Susan A. Wilson, DWQ-ARO, along with Robbie Shelton, Jackson County, met Jason Morrell, Wetland & Ecological Consultants, and Doug Swartz, Superintendent-Landscapes Unlimited at the Sequoyah National Golf Club on February 11, 2010 to inspect the site. DWQ conducted a site visit in response to Jackson County's Notice of Violation dated February 2, 2010. Sediment had migrated to the unnamed tributary to Crooked Creek in two areas- below the slope failure and below the driving range. Pockets of sediment(6-8 inches)were noted along the entire tributary below the slope failute(up to the mouth of the tributary as it enters Crooked Creek). In the area below the driving range, sediment was noted along the tributary up to the mouth of the pond on Mr. Spangenberg's property. It is unknown at this time how much sediment, from the area below the driving range, may be deposited in the pond itself. r Page: 2 Permit:NCR001658 Owner-Facility: Eastern Band of Cherokee Indians Inspection Date: 02/11/2010 Inspection Type:Compliance Evaluation Reason for Visit:Complaint DLR or Local Program Inspection Yes No NA NE #Is this inspection related to a DLR/local program inspection? ■ n #If Yes,what was the DLR /local program inspection date? E & SC Plan Yes No NA NE Is the site following its approved Erosion and Sedimentation Control Plan as indicated on DLR/Local Program ❑ ■ 1 ❑ Inspection Report? Comment: See NOV by Jackson County dated 2/2/2010. Erosion Control Measures Yes No NA NE Is the site maintaining their erosion control measures as indicated on DLR/Local Program Inspection Report? ❑ ■ ❑ ❑ Comment: See NOV by Jackson County dated 2/2/2010. Approved E&SC Plan Yes No NA NE Is a copy of the approved E&SC plan on site? n n ❑ ■ Comment: Rain Gauge Yes No NA NE Is a rain gauge present on the site at the time of inspection? ■ ❑ ❑ ❑ Comment: Rain Gauge Records Yes No NA NE Is rain gauge data measured and recorded? ❑ ❑ ❑ Comment: Stormwater monitoring records were not available at the time of inspection (these will be requested with this report/NOV). Per Doug Swartz-they will be provided. Inspection Records Yes No NA NE Are inspection records of erosion&sedimentation control measures and stormwater discharges complete? ❑ ❑ ❑ ■ Comment: These will be provided as requested, per Doug Swartz, Superintendent. Other NCG010000 Permit Conditions Yes No NA NE Is the site compliant with other conditions of the NCG010000 permit? ❑ ■ ❑ ❑ Comment: The facility failed to notify DWQ after the slope failure (when sediment entered the wetland and creek)- per Part II, Section E.3. (In addition to failure to properly implement the approved S&EC plan). Other Water Quality Issues Yes No NA NE Is the site free of any other Water Quality issues as noted during the inspection? ❑ ■ ❑ ❑ Comment: Sediment reached 2 tributaries to Crooked Creek (at the tributary below the slope failure and at the tributary below the driving range). Page: 3 AL NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary I March 1, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED - 7007 1490 00 4 0713 8298 Mr. J. Patrick Kennedy and Ms. Patricia Kennedy, Trustees Patrick and Patricia Kennedy 2000 Trust Kennedy Property Waterdance Development 700 Cary Drive San Leandro, CA 94577 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7007 1490 0004 0713 8304 Mr. Theodore C.Morlok, Registered Agent Legasus of NC, LLC 705 W. Main St. Sylva,NC 28779 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Kennedy Property—Waterdance Legasus of NC, LLC DWQ Tracking Number: NOV-2010-SS-0004 Stream Standard Violation - Other Waste (In-stream sediment) Jackson County Response deadline: March 19, 2010 Dear Mr. J. Patrick Kennedy, Ms. Patricia Kennedy, and Mr. Morlok: Ms, Susan Wilson of the North Carolina Division of Water Quality, along with Mr. Robert Shelton of Jackson County, conducted a site visit February 11, 2 D 10 on your property within the Waterdance development, off NC Highway 107 in Jack on County,North Carolina. A slope failure had occurred on the property and sediment, along with parts of the former concrete retaining wall, had deposited into the West Fork of the Tuckaseegee River. An indeterminate length and width of the West Fork of the Tuckaseegee River, a Class WS-III, B, Tr stream was impacted by the slope failure/slide, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f). SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 No thCarolina Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 y+ Internet: www.ncwaterquality.org atu`a`L f An Equal Opportunity 1 Affirmative Action Employer __ Mr.Kennedy and Ms.Kennedy Mr.Morlok March 1,2010 Page 2 of 3 REQUIRED RESPONSE This office requests that you respond by the deadline noted above (March 19, 2010). Your response should be sent to both the attention of Susan A. Wilson, Division of Water Quality, 2090 US HWY 70, Swannanoa, NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should address the following items: I. Stream Standard - Other Waste (In-Stream Sediment) a. Please explain when the incident began at the site. b. Please provide a map that exactly details the jurisdictional waters on the tract. This map should indicate all of the jurisdictional waters on the tract as well as the areas that have been impacted, both on and off site. A complete assessment of the amount(depth) of sediment and length of impact must be included. c. Please submit a Sediment Removal Plan to this office for review and approval. The plan must address removal of the accumulated sediment and retaining wall "blocks" from the West Fork Tuckaseegee River and be submitted to the Division of Water Quality for review and approval prior to implementation. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with the development of your plan and authorization necessary to achieve compliance. It is recommended that your consultant contact Ms. Wilson of the Asheville Regional Office for additional guidance during restoration plan development. The plan should include the following: • A narrative explaining how sediment and retaining wall "blocks" will be removed and how impacted jurisdictional waters will be restored. • A diagram of the stream channel, referenced with photo documentation of sediment impacts. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. • A narrative explaining how sediment will be retained on the site and kept out of waterways, and how restoration activities will be conducted such that turbidity standards are not exceeded. d. Once the Restoration Plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Susan A. Wilson. ,is.Kennedy ,0 3 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 Quality 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 $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Susan A. Wilson at (828) 296- 4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office cc: John Hennessy—NPS Assistance and Compliance Oversight Unit Lori Beckwith, USACOE ARO File Copy DWQ Central Files Robert Shelton, Jackson County Planning David McHenry, Wildlife Resources Commission S:\SWP\Jackson\Complaints\Waterdance-Kennedy Property\NOV Kennedy Prop 2 2010.doc _., _ I. ��t�. A' NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary Division of Water Quality March 1, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7007 1490 0004 0713 8250 Mr. Ron Lewis, County Manager Burke County Post Office Box 219 Mor-anion, North Carolina 28608-021.9 SUBJECT: Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1) and Collection System Permit WQCS00324 County of Burke Burke County Collection System Case No. DV-2010-0012 Dear Mr. Lewis: This letter transmits an assessment of civil penalty in the amount of$ 1,267.00 ($1,200.00 plus $67.00 enforcement costs) against the C:.ourity of Burke. This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow(SSO) 5-Day Report submitted by Burke County Collection System. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00324 and G.S. 143-215.1(a)(1). The violation(s)that occurred on 12/02/2009 resulting in a spill of 20,000—25,000 gallons of untreated wastewater are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the County of Burke violated the terms, conditions or requirements of Collection System Permit WQCS00324 and G.S. 143- 215.1(a)(1) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A, 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 Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Burke County. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70.Swannanoa,North Carolina 28778 NOrthCarolina Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 y� l/� Internet: www,ncwatergLlality.org atu a An Equal Opportunity',Affirmative Action Employer S:\SWP\Burke\Collection Systems\Burke County Collection System .ction System WQCS00324 -010-0012 TOTAL CIVIL PENALTY: $1,200.00 ENFORCEMENT COST: $67.00 TOTAL AMOUNT DUE: $1,267.00 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 days of receipt of this notice,you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources(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: Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR '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 Quality at the address listed below. Burke County Collection System WQCS00324 Case No.DV-2010-0012 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 14313-282.1(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 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 the Division of Water Quality 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 Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be , submitted to the following address: Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 AND Roger C. Edwards, Regional Supervisor, Surt'ace Water Protection Section, Asheville Regional Office 2090 U.S. llwy. 70 Swannanoa. N.C. 28778 OR 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. .bon System WQCS00324 _010-0012 ne 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile:(919) 733-3478 AND Mail or hand-deliver a copy of the petition to Mary Penny Thompson, Registered Agent Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 AND Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 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. Burke County Collection System WQCS00324 Case No,DV-2010-0012 Please be advised that any continuing violation(s)may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact Jeff Menzel of the Asheville Regional Office at (828)296-4500. Date t Roger 0. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: Regional Supervisor w/attachments Public Information Officer PERCS Unit Enforcement File w/attachments Central Files w/attachments ATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF BUI2.1 COUNTY OF BURKE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND BURKE COUNTY COLLECTION SYSTEM ) STIPULATION OF FACTS PERMIT NO.WQCS00324 ) FILE NO. DV-2010-0012 Having been assessed civil penalties totaling $1.267.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated March 1, 2010 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 Quality with 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 JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV-2010-0012 County: BURKE Assessed Party: COUNTY 01; BURh.1; Permit No.: WQCS00324 Amount Assessed: $ 1,267.00 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 applies. 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: W °- a z O G) Q J° - t j a 0 Z 0 a Z w ° F� a m L m Z d Lli � C 7 Q o U z a m � � c o u a d v O , o a � U � 3 - m 3 E LU U w 3 41 Q O O cn et O N O Z F... N y 20 CY G za OK O % d Q o a w N 0 a ALT4 NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary Division of Water Quality March 1, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED —7007 1490 0004 0713 8281 Mr. Ron Lewis, County Manager Burke County Post Office Box 2:19 Morganton, North Carolina 28608-0219 SUBJECT: Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1) and Collection System Permit WQCS00324 County of Burke Burke County Collection System Case No. DV-2010-001 S Dear Mr. Lewis: This letter transmits an assessment of civil penalty in the amount of$ 442.00 ($375.00 plus $67.00 enforcement costs) against the County of Burke. This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO)5-Day Report submitted by Burke County Collection System. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00324 and G.S. 143-215.1(a)(1). The violation(s) that occurred on 12/15/2009 resulting in a spill of 2,500 gallons of untreated wastewater are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the County of Burke violated the terms, conditions or requirements of Collection System Permit WQCS00324 and G.S. 143- 215.1(a)(1) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. I43-215.6A, 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 Environment and Natural Resources and the Director of the Division of Water Quality, I,Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Burke County. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 Internet: www,ncwaterquality.org Natul'allY An Equal Opporhrnity 1 Affirmative Action Employer S:\SWP\Burke\Collection Systems\Burke County Collection System i �� 1 ��. � j ,lion System WQCS00324 ,10-0015 TOTAL CIVIL PENALTY: $375.00 ENFORCEMENT COST: $ 67.00 TOTAL AMOUNT DUE: $442.00 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 days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (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. Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 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 Quality at the address listed below. Burke County Collection System WQCS00324 Case No.DV-2010-0015 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 14313-282.1(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 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 the Division of Water Quality 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 Quality also requests that you --� complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 AND Roger C. Edwards, Regional Supervisor, Surface Water Protection Section, Asheville Regional Office 2090 U.S. llwy. 70 Swannanoa.N.C. 28778 OR 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. .;lion System WQCS00324 —010-0015 ne 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may faxed provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714'Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 AND Mail or hand-deliver a copy of the petition to Mary Penny Thompson, Registered Agent Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 AND Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 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. .._............._.. Burke County Collection System WQCS00324 Case No.DV-2010-0015 Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact Jeff Menzel of the Asheville Regional Office at (828)296-4500. Dat Roger Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: Regional Supervisor w/attachments Public Information Officer PERCS Unit Enforcement File w/attachments Central Files w/attachments i fE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF 3URKF COUNTY OF BURKE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND BURKE COUNTY COLLECTION SYSTEM ) STIPULATION OF FACTS PERMIT NO.WQC:.S00324 ) FILE NO. DV-2010-0015 Having been assessed civil penalties totaling $442.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated March"1, 2010,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 Quality with 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 . .._........__.._... JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV-2010-001 S County: BURKE Assessed Party: MUNT'Y OF 13URK1:? Permit No. : WOCS00324 Amount Assessed: $ 442.00 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 applies. 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: Wa a � _z d 'L o C 3 .a d � m > L Z W p o QQ N O� Y L m Z - d d Q N O Z i N W d U � m 3 � Q O U Z 7 U d co y C O . V d a O U � Z L O a ° U � 7 O m 3 d J O Q w 3 LL a 0 0 N ww fq m 20 O ZW 0LU O_ IL Y Z n O a i NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION March 2, 2010 Ms. Leigh W. Young Buncombe Properties, LLC 172 Wembly Road Asheville, NC 28804 SUBJECT: Compliance Evaluation Inspection Eden Glen MHP WWTP Permit No: NCO068152 Buncombe County Dear Ms. Young: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection , onducted on February 25, 2010. The facility was found to be in compliance with permit NC0068152. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: Mark Teague, Env. Inc. Central Files Asheville Files S-.\SWP\Buncombe\Wastewater\Minors\Eden Glen MHP 68152\CE1.02-25-10.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S. Highway 70,Swannanoa, NC 28778 NorthCarolina Phone: (828)296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 ;Vatumliff Internet:www.ncwaterguality.ora United States Environmental Protection Agency Form Approved. EPA ^ Washington,D.C.20460 OMB No.2040-0057 r/�-� 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 I NJ 2 I SI 31 NCO068152 111 121 10/02/25 117 18I CI 191 sl 201_I Remarks 211 1 I I I I I I I 1 1 I I I I I I 1 1 I 1 1 1 I 1 I I 1 I 1 I I I I I I I I I I I I I I I I I6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----- ------------ -Reserved---------------------- 671 1.0 169 701 31 711 I 721 NJ 73I w I �74 711 I ( I I I I 180 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) 10:00 AM 10/02/25 05/11/01 Eden's Glen Mobile village WWTP 2 Gospel way Exit Time/Date Permit Expiration Date Weaverville NC 28787 10:45 AM 10/02/25 10/10/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Joedavid Matthew Hall/ORC/828-293-9396/ Name,Address of Responsible Official/Title/Phone and Fax Number Leigh W Young,PO Box 18133 Asheville NC 28814/Managing Contacted Partner/828-274-6500/8282516452 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit ®Operations&Maintenance 0 Records/Reports ®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 Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ /p Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date 97, EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) i 3I N00068152 I11 12I 10/02/25 I17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The Eden Glen MHP WWTP is a Class II facility rated as a 0.015 MGD extended aeration package plant with: bar screen; aeration basin with blowers providing diffused air; clarifier with sludge return; sludge holding tank; tablet chlorinator with contact tank; and tablet dechlorinator. PERMIT/INSPECTION/LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 4-28-2009 by Wanda Frazier. The permit expires on 10-31-2010. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. A copy of the permit was on-site. The daily operator log was present on-site and had good notation of daily events, process control and field testing data. TREATMENT UNITS/PROCESS CONTROL TESTING DATA: The activated sludge aeration basin process control data was as follows: Temperature = 9.3 degrees Celsius pH = 7.28 units Dissolved Oxygen = 3.6 mg/I Settleable Solids = 950 ml/I = 95% ---due to young sludge age EFFLUENT: The effluent data was as follows: Temperature = 9.1 degrees Celsius pH = 7.28 units Chlorine = 44 ug/I OPERATIONS AND MAINTENANCE/ EFFLUENT/SUMMARY: Mr. JoeDavid Hall, ORC, assisted in the inspection and appears to be operating and maintaining the facility very well. The effluent appeared to be in compliance with permit limits. Page# 2 Permit: NCO068152 - Owner-Facility: Eden's Glen Mobile Village WWTP Inspection Date: 02/25/2010 Inspection Type: Compliance Evaluation SYSTEM PERFORMANCE ANNUAL REPORT: Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment works' and collection system's performance over a 12 month period.) The System Performance Annual Performance Report had been filed for the 2008-2009 fiscal year by Env. Inc: Report Format: The following is provided as guidance to assist you in meeting this aspect of the new reporting requirements. The law states the above mentioned report shall summarize the performance of the treatment works or collection system and state the extent to which any terms of its permit, federal laws, or any State laws, regulations or rules related to the protection of water quality have been violated. In order to meet the spirit of this law, it is strongly suggested that, at a minimum, the report contain the following information: I. General Information • Name of regulated entity and county • Responsible entity, person or contact with phone number or address Listing of applicable permit(s)— NPDES and Collection System permits, etc. (Note: water plant wastewater dischargers are exempt) i' • Description of collection or treatment system or process II. Performance • Description of overall 12-month performance, noting highlights and deficiencies. • By month,list of the number and type of any violations of permit conditions, environmental regulations or environmental laws, including (but not limited to): Permit Limit Violations—list by month and type Monitoring and Reporting Violations— i.e. NOVs and Civil Assessments (Illegal) Bypass of treatment facilities* Sanitary Sewer Overflows (SSOs)*- Dates of SSOs*, Press Releases& Public Notices (*Note the estimated total monthly volumes and locations of events in which more than 1,000 gallons of waste reached surface waters. • Description of any known environmental impact of violations • Description of corrective measures taken to address violations or deficiencies III. Notification Page# 3 Permit: NCO068152 Owner-Facility: Eden's Glen Mobile Village WWTP Inspection Date: 02/25/2010 Inspection Type: Compliance Evaluation • Statement as to how users or customers have been provided access to the report. IV. Certification Statement by a responsible official certifying the report is accurate and complete. It shall be left to the individual applicable entities to decide both how much detail above minimum they wish to provide in the report and how they will provide the report to their users or customers. This law was established to provide a mechanism for public oversight (and hopefully, to instill public confidence). Those entities that fall under the scope of this part of the law are encouraged to be forthcoming in their report and they should provide its readers a contact where they may view more detailed information. To satisfy the Departmental reporting requirement, three copies of the report should be submitted to the following address: System Performance Annual Report North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Annual reports must be submitted within 60 days of the end of the applicable 12-month review period. You may base your report on either a calendar year or a fiscal year(i.e. July 1 —June 30) time frame. Page# 4 Permit: NCO068152 Owner-Facility: Eden's Glen Mobile Village N1WfP Inspection Date: 02/25/2010 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? ❑ ❑ ® n Is the facility as described in the permit? ® n n n #Are there any special conditions for the permit? n m n n Is access to the plant site restricted to the general public? ® n n n Is the inspector granted access to all areas for inspection? ® n n n Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® 0 n 0 Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge ® ❑ n ❑ Judge,and other that are applicable? Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical n Are the bars adequately screening debris? ® n n n Is the screen free of excessive debris? n n n Is disposal of screening in compliance? ® n n n Is the unit in good condition? ® ❑ n n Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Diffused Type of aeration system Is the basin free of dead spots? ® n ❑ Q Are surface aerators and mixers operational? n n E n Are the diffusers operational? ■ n n n Is the foam the proper color for the treatment process? ■ n n El Does the foam cover less than 25%of the basin's surface? ■ n n n Is the DO level acceptable? ® n n n Is the DO level acceptable?(1.0 to 3.0 mg/1) n n Page# 5 .__-... ............. . Permit: NCO068152 Owner-Facility: Eden's Glen Mobile Village WWTP Inspection Date: 0212512010 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Comment: DO 3.6 mg/1 Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ Q f1 Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ■ ❑ Are weirs level? ■ ❑ f1 ❑ Is the site free of weir blockage? ■ ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑ Is scum removal adequate? ■ ❑ ❑ n Is the site free of excessive floating sludge? ■ 0 Is the drive unit operational? ❑ n ■ ❑ Is the return rate acceptable(low turbulence)? ■ ❑ ❑ f=1 Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑ Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ■ ❑ ❑ ❑ Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ ❑ Are the tablets the proper size and type? ■ ❑ ❑ ❑ Number of tubes in use? 2 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: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? ■ n Is storage appropriate for cylinders? f1 ❑ ■ #Is de-chlorination substance stored away from chlorine containers? ❑ ❑ ■ Comment: Are the tablets the proper size and type? ■ ❑ ❑ ❑Are tablet de-chlorinators operational? ■ ❑ ❑ Page# 6 ___ Permit: NC0068152 Owner-Facility: Eden's Glen Mobile Village WWfP Inspection Date: 02/25/2010 Inspection Type: Compliance Evaluation De-chlorination Yes No NA NE Number of tubes in use? 2 Comment: Effluent Pixie Yes No NA NE Is right of way to the outfall properly maintained? Enl n In 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? n ❑ ■ ❑ Comment: Page# 7 �•s NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION March 2, 2010 Mr. Tom McDevitt Evergreen Foundation 28A Oak Street Waynesville, NC 28786 SUBJECT: Compliance Evaluation Inspection The Balsam Center WWTP Permit No: NCO032361 Haywood County Dear Mr. McDevitt: -- Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on February 25, 2010. The facility was found to be in compliance with permit NC0032.361. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: Mark Teague, Env. Inc. Central Files ,Asheville Files S:\SWP\Haywood\Wastewater\Minors\The Balsam Center 32361\CE1.02-25-10.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70,Swannanoa,NC 28778 NorthCarolina Phone: (828)296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 Naturallf Internet:www.newatergualitV.org d 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 I N1 G1 1 51 31 NC0032361 1 11 121 10/02/25 1 17 181 C1 191 S1 201 1 Remarks 21111111111111111111111111111 � 111111111IjIIIII11 �6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -- ------------------Reserved--------- ---------- 671 1.0 169 701 31 711 1 721 NJ 73I l—I u 174 751 1 1 1 [ j 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) 03:15 PM 10/02/25 06/12/01 The Balsam Center for Hope & Recovery PO Box 127 Exit Time/Date Permit Expiration Date Sylva NC 28779 03:45 PM 10/02/25 11/01/31 Name(s)of Onsite Representative(s)lTitles(s)/Phone and Fax Number(s) Other Facility Data Joedavid Matthew Hall/ORC/828-293-9396/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Ralph Wright-Murphy,PO Box 127 Sylva NC 28779/Officer/828-586-5501/No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit ®Operations&Maintenance ®Records/Reports ®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 Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date 3 zcia EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 . ._.. ._.._......_.._.... ._...... NPDES yr/mo/day Inspection Type (cont.) _ 3I NCO032361 11 12� 10/02/25 117 18I CI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The Balsam Center for Hope and Recovery WWTP is a Class II facility rated as a 0.010 MGD extended aeration package plant with: septic tank flow equalization; bar screen; aeration basin with blower providing diffused air; clarifier with sludge return; tablet chlorinator; chlorine contact chamber; and tablet dechlorinator. PERMIT/ INSPECTION/LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 4-28-2009 by Wanda Frazier. The permit expires on 1-31-2011. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. A copy of the permit was on-site. The daily operator log was present on-site and had good notation of daily events, process control and field testing data. TREATMENT UNITS/ PROCESS CONTROL TESTING DATA: The activated sludge aeration basin process control data was as follows: Temperature = 5.8 degrees Celsius pH = 6.0 units Dissolved Oxygen = 7.7 mg/I --- need to lower the DO to 1-3 mg/I Settleable Solids=250 ml/I = 25% The old blower(1992)was recently rplaced. EFFLUENT: The effluent data was as follows: Temperature = 5.3 degrees Celsius pH = 6.1 units Dissolved Oxygen = 7.8 mg/I Chlorine = 32 ug/I OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY: Page# 2 Permit: NCO032361 Owner-Facility: The Balsam Center for Hope&Recovery inspection Date: 02/25/2010 Inspection Type: Compliance Evaluation Mr. JoeDavid Hall, ORC, assisted in the inspection and appears to be operating and maintaining the facility very well. The effluent appeared to be in compliance with permit limits. SYSTEM PERFORMANCE ANNUAL REPORT: The System Performance Annual Performance Report had been filed for the 2008-2009 fiscal year by Env. Inc. Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment works' and collection system's performance over a 12 month period.) Report Format: The following is provided as guidance to assist you in meeting this aspect of the new reporting requirements. The law states the above mentioned report shall summarize the performance of the treatment works or collection system and state the extent to which any terms of its permit, federal laws, or any State laws, regulations or rules related to the protection of water quality have been violated. In order to meet the spirit of this law, it is strongly suggested that,at a minimum, the report contain the following information: I. General Information • Name of regulated entity and county •Responsible entity, person or contact with phone number or address Listing of applicable permit(s) — NPDES and Collection System permits, etc. (Note: water plant wastewater dischargers are exempt) • Description of collection or treatment system or process II. Performance • Description of overall 12-month performance, noting highlights and deficiencies. • By month, list of the number and type of any violations of permit conditions, environmental regulations or environmental laws, Including (but not limited to): Permit Limit Violations—list by month and type Monitoring and Reporting Violations— i.e. NOVs and Civil Assessments (Illegal) Bypass of treatment facilities* Sanitary/ Sewer Overflows (SSOs)*- Dates of SSOs*, Press Releases & Public Notices (*Note the estimated total monthly volumes and locations of events in which more than 1,000 gallons of waste reached surface waters. Page 4 3 Permit: NCO032361 Owner-Facility: The Balsam Center for Hope&Recovery Inspection Date: 02/25/2010 Inspection Type: Compliance Evaluation • Description of any known environmental impact of violations Description of corrective measures taken to address violations or deficiencies III. Notification • Statement as to how users or customers have been provided access to the report. IV. Certification • Statement by a responsible official certifying the report is accurate and complete. It shall be left to the individual applicable entities to decide both how much detail above minimum they wish to provide in the report and how they will provide the report to their users or customers. This law was established to provide a mechanism for public oversight(and hopefully, to instill public confidence). Those entities that fall under the scope of this part of the law are encouraged to be forthcoming in their report and they should provide its readers a contact where they may view more detailed information. To satisfy the Departmental reporting requirement, three copies of the report should be submitted to the following address: System Performance Annual Report North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Annual reports must be submitted within 60 days of the end of the applicable 12-month review period. You may base your report on either a calendar year or a fiscal year(i.e. July 1 —June 30) time frame. Page# 4 Permit: NCO032361 Owner-Facility: The Balsam Center for Hope&Recovery Inspection Date: 02/25/2010 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? ❑ n Is the facility as described in the permit? ® n n n #Are there any special conditions for the permit? ❑ ■ n ❑ Is access to the plant site restricted to the general public? ® n n n Is the inspector granted access to all areas for inspection? ® n n n Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? N ❑ n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids,pH,DO,Sludge ■ ❑ ❑ n Judge,and other that are applicable? Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical n Are the bars adequately screening debris? ® n n n Is the screen free of excessive debris? ® n n n Is disposal of screening in compliance? ® ❑ ❑ n Is the unit in good condition? Cl ❑ n Comment: Aeration Basins Yes No NA NE Ext.Air Mode of operation Diffused Type of aeration system Is the basin free of dead spots? ® ❑ ❑ ❑ Are surface:aerators and mixers operational? n n ■ ❑ Are the diffusers operational? ® ❑ n n Is the foam the proper color for the treatment process? ■ n ❑' n Does the foam cover less than 25%of the basin's surface? ■ ❑ Cl n Is the DO level acceptable? ® ❑ ❑ 0 Is the DO level acceptable?(1.0 to 3.0 mg/1) In n ■ Page# 5 Permit: NCO032361 Owner-Facility: The Balsam Center for Hope&Recovery Inspection Date: 02/25/2010 Inspection Ty pe:ype: Compliance Evaluation Aeration Basins Yes No NA NE Comment: DO 7.7 mg/1 Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n ❑ n Is the site free of excessive buildup of solids in center well of circular clarifier? n ❑ ■ ❑ Are weirs level? ® n In n Is the site free of weir blockage? ® n n n Is the site free of evidence of short-circuiting? ® ❑ n ❑ Is scum removal adequate? ® ❑ n n Is the site free of excessive floating sludge? ■ ❑ fl 0 Is the drive unit operational? ❑ n ■ n Is the return rate acceptable(low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ Cl n ❑ Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ■ ❑ n ❑ Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ n ❑ n Are the tablets the proper size and type? ■ ❑ ❑ Number of tubes in use? 1 Is the level of chlorine residual acceptable? ■ ❑ n n Is the contact chamber free of growth, or sludge buildup? ■ ❑ n ❑ Is there chlorine residual prior to de-chlorination? ■ ❑ n ❑ Comment: De-chlorination Yes No NA NE Type of system? Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ n Is storage appropriate for cylinders? n n ® n #Is de-chlorination substance stored away from chlorine containers? n n ■ n Comment: Are the tablets the proper size and type? ■ ❑ n n Are tablet de-chlorinators operational? ■ n n n Page# 6 -- - Permit: NC0032361 Owner-Facility: The Balsam Center for Hope&Recovery Inspection Date: 02/25/2010 Inspection Type: Compliance Evaluation De-chlorination Yes No NA NE 1 Number of tubes in use? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ® ❑ n n Are the receiving water free of foam other than trace amounts and other debris? ® n n n If effluent (diffuser pipes are required) are they operating properly? n ❑ ® ❑ Comment: - Page# 7 �._� l , 1�• NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION March 2, 2010 Mr. Joseph Martin, Director Woodfin Sanitary Water & Sewer District PO Box 8452 Asheville, NC 28814 SUBJECT: Compliance Evaluation Inspection Sugarcamp Fork Water Treatment Plant Wastewater Treatment Discharge Permit No: NCO083178 Buncombe County Dear Mr. Martin: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on February 26, 2010. The facility was found to be in compliance with permit NC0083178. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, Alk v Wanda P. Frazier Environmental Specialist Enclosure cc: Central Files Asheville Files S:\SWP\Buncombe\Wastewater\Municipal\Woodfin W&S (Sugarcamp WTP) 83178\CE1.02-26-10.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 NorthCarolina Phone: (828)296-45001 FAX: 828 299-70431 Customer Service: 1-877-623-6748 Nahmall Internet:www.ncwaterquality.orq EPA 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 I NI 2 15I 31 NCO083178 111 121 10/02/26 117 18I CI 191 sI 201 I Remarks 211111I1111JIIIIIIIIIIIIIIIIII IIIIIIIIIIII1I I6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -- --------------------Reserved--------- --------- 67I 1.0 169 70I 3 I 711 I 72 I N I 73 L1J 74 75I I I I I I I 180 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) 11:00 AM 10/02/26 05/11/01 Sugarcamp Fork WTP 439 Blackberry Inn Rd Exit Time/Date Permit Expiration Date Weaverville NC 287879774 11:50 AM 10/02/26 10/10/31 Name(s)of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data David Neil Stalnaker/ORC/828-658-1714/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Charles E R.ector,PO Box 8452 Asheville NC 28814//828-253-5551/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit ®Records/Reports ®Facility Site Review ®Effluent/Receiving Waters Section D: Summa 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 Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ f Signature of Management A Reviewer Agency/Office/Phone and Fax Numbers Date 3A-X /(? (/� L EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 1 3I NCO083178 I11 12I 10/02/26 I17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The Woodfin Sanitary Water& Sewer District's Sugarcamp Fork Water Treatment Plant wastewater discharge facility is classified as class I Physical Chemical. The facility discharges filter backwash wastewater from a settling lagoon after removal of residual chlorine. The facility is located at 439 Blackberry Inn Rd (NCSR 2115). PERMIT/INSPECTION/LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 7-6-2007 by Janet Cantwell. The permit expires on 10-31-2010. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. A copy of the permit was on-site. Mr. David Stalnaker, ORC, was present during the inpsection and appears to be doing an excellent job operating this system. EFFLUENT: At the time of the inspection, there was no discharge of filter backwash wastewater from the water treatment plant. Page# 2 Permit: NC0083178 Owner-Facility: Sugarcamp Fork WTP Inspection Date: 02/26/2010 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? ❑ ❑ ■ El Is the facility as described in the permit? ® Q ❑ n #Are there any special conditions for the permit? ❑ ® — — Is access to the plant site restricted to the general public? ® Q ❑ Is the inspector granted access to all areas for inspection? ® 00 n Comment: Page# 3 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 2, 2010 Charles Rogers Highland Forest Partners, LLC 684 St. Andrews Road Waynesville,NC 28786 James W. Kirkpatrick III Highland Forest Partners, LLC 37 Branner Avenue Waynesville,NC 28786 Highland Forest Partners, LLC 165 Bankstown Road Brooks, GA 30205 Subject: 401 Water Quality Certification - Approval Highland Forest Subdivision (and response to NOV-2009-SP-0014) DWQ Project 4 2009-0577 Haywood County French Broad/Medford Branch/5-16-8-1/C-Tr; Browning Branch/5-16-8/C-Tr Dear Sirs: The Division (Division) of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above(revised application and NOV dated January 11, 2010). Approval has been granted to place fill within or otherwise impact 0.094 acres of wetlands and 149 feet of stream for the purpose of subdivision development at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3705. This Certification allows you to use Nationwide Permit 29 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal,state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control regulations. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 NorthCarOhna Internet:www.ncwaterquality.org Nahmally An Equal Opportunity 1 Affirmative Action Employer Messrs.Rogers and Kirkpatrick March 2,2010 Page 2 of 3 This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Stream 149 (feet) Ref. PCN, Site Drawing, [89 LF Medford Branch and Impact Table and UT] (1/11/2010 Submittal) [60 LF Browning Branch and UT] 404 Wetlands 0.094 (acres) Ref. PCN, Site Drawing, [0.064 acres Permanent] and Impact Table [0.03 acres Temporary] (1/11/2010 Submittal) Step Pool structures Culverts# 16 and#17 (ref. Additional information and drawings 1/11/2010 Submittal) Cross vane with step Culvert# 1 (ref. Additional information and drawings 1/11/2010 Submittal) Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written pe i 'o , w i 50B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,NC 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Additional Conditions 1) Both Medford Branch and Browning Branch are Trout Waters. In order to protect downstream uses for Class C Trout Waters,a requirement of this Certification is that any additional work conducted within the stream may not occur between the dates of October 15 through April 15. .patrick ,tution of NOV-2009-SP-0014) 2) The Division concurs with the recommendations for resolution of the perched culverts on-the site. Step pool structures are proposed for culverts#16 and#17; across vane structure is proposed for culvert 91. All structures should conform with the proposal as outlined in the submittal by WNR dated January 11,2010. The Division reminds Highland Forest Partners that work must be conducted "in the dry" and banks shall be matted and revegetated. 3) Also as stated in the January 11 submittal document, an as-built report shall be submitted to the Division upon completion of the step pool structures, along with a 6 month written report, a 3 year report and a final report at year 5. Visual monitoring, to include pictures, shall be performed during the remaining years (up to year 5). 4) Should the structures become de-stabilized, corrective measures must be taken at the site (upon approval from the Division of Water Quality). This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Ms. Susan A. Wilson in the Asheville Regional Office at (828) 296-4500. Sincerely, Coleen H. Sullins,Director CHS/saw Eric: GC3705 Certificate of Completion cc: Lori Beckwith, USACE Asheville Regulatory Field Office 401 Permitting Unit ARO File Copy Jennifer Robertson, WNR Dave McHenry,NCWRC Haywood County Planning S:\SWP\Haywood\401s\Non-DOT\Highland Forest 09-0577\APRVL.401Highland Forest 90-0577.Mar.2010.doc { � h NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality 3everly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 2, 2010 Kevin E. Howell, CM, IAP Director of Properties & Development Asheville Regional Airport Authority 708 Airport Rd Fletcher,NC 28732-9442 SUBJECT: NPDES Stormwater Permit Compliance Inspection Asheville Regional Airport Permit No: NCR000734 Buncombe County Dear Mr. Howell: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on January 27, 2010, by Kevin Barnett and myself. The facility was found to be in compliance with the construction stormwater general permit (NCGO10000—also reference NCR000734). Enclosed is a copy of the Compliance Inspection.Report,which contains additional observations and comments for your reference. Please note the comment in the summary regarding streambank erosion below the main culvert. Due to the quantity of stormwater directed through the on-site culvert,the banks of the creek will continue to erode and some sediment will continue to be carried further downstream. The Airport Authority should consider stabilizing this area (you should contact the United States Army Corps of Engineers to determine if a modification of your Individual Permit is necessary for these restoration activities—ref. DWQ#20071841; USACOE ID No. 2007-03766-311). The concrete pad below the culvert at the end of the property boundary should be inspected regularly and cleared of sediment to prevent migration downstream. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 Noi thCarohna Internet:www.ncwaterquality.org Naturallff An EqualOpportunity\Affirmative Action Employer ........._... Mr. Howell March 2,2010 Page 2 of 2 Please contact me at (828) 296-4665 or Susan.A.Wilsonklncdenr gov, if I can be of any further assistance. Sincerely, Susan A. Wilson, Environmental Engineer Surface Water Protection Enclosure cc: Central Files ARO Files Janet Boyer, P.E., ARO—DLR(w/Inspection Report) Mike Darcangelo, P.E., Regional Manager (w/Inspection Report) Avcon, Inc. Mallard Creek 111, Suite 145 8604 Cliff Cameron Drive Charlotte,NC 28269 Tasha McCormick/Lori Beckwith, USACOE S:\SWP\Buncombe\Stormwater\NCG01 Construction\AirportNCR000734\SW Inspection.NCR000734.Airport.Jan 2010.doc Compliance Inspection Report Permit: NCGO10000 Effective: 05/01/07 Expiration: Owner: Asheville Regional Airport Authority SOC: Effective: Expiration: Facility: Asheville Regional Airport County: Buncombe Hwy 280 And 1-26 Region: Asheville DWQ Tracking No: NCR000734 Asheville NC 28802 Contact Person: Dave Edwards Title: Phone:828-684-2226 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 01/27/2010 Entry Time: 01:47 PM Exit Time: 03:27 PM Primary Inspector: Susan A Wilson Phone: 828-294-4500 Secondary Inspector(s): Kevin H Barnett Phone: 828-296-4500 Ext.4657 Reason for Inspection: Complaint Inspection Type:Compliance Evaluation Permit Inspection Type: Construction Stormwater Facility Status: ■ Compliant ❑ Not Compliant Question Areas: ®Construction (See attachment summary) Page: 1 Permit:NCR000734 Owner-Facility:Asheville Regional Airport Authority Inspection Date: 01/27/2010 Inspection Type:Compliance Evaluation Reason for Visit:Complaint Inspection Summary: Asheville Regional Office (ARO) Water Quality Staff(Susan Wilson and Kevin Barnett)were met onsite by Mr Colby Orr and Mr. Gene Suprenant. There was some loss of ash into the on-site sediment basin. Personnel on site were already taking actions to remove sediment from behind fencing (due to the heavy rains-some sediment had been lost from the site and had gathered behind the fencing). Mr. Suprenant also stated that as soon as was feasible-they planned to get equipment to the sediment basin to remove the ash/sediment. Monitoring records have been reviewed and were found to be well kept-with good documentation of events and actions taken. Some sediment was noted in the creek on-site (and within the bounds of the property). However, the streambanks are eroding and sloughing off into the creek-which is causing some of the sediment issues. This is likely due to the stormwater from the airport funneling to the on-site creek. Airport personnel should evaluate the volume of water coming from the impervious areas at the airport. The streambanks will continue to erode unless this overall site stormwater quantity is addressed. Sediment was noted on the pad at the culvert on the property line. This area should be cleared of sediment if it is noted after inspection to prevent migration downstream (Mr. Suprenant indicated that this is being done). The creek downstream of the property was inspected. It was not significantly turbid during the time of inspeciton. Streambank erosion, likely due to stormwater quantity, was noted downstream of the airport property. No noticeable ash was present in the creek downstream. Page: 2 Permit:NCR000734 Owner-Facility:Asheville Regional Airport Authority Inspection Date: 01/27/2010 Inspection Type:Compliance Evaluation Reason for Visit:Complaint Yes No NA NE DLR or Local Program Inspection #Is this inspection related to a DLR/local program inspection? ❑ ■ #If Yes,what was the DLR /local program inspection date? Yes No NA NE E&SC Plan Is the site following its approved Erosion and Sedimentation Control Plan as indicated on DLR/Local Program 01 ❑ f_1 ■ Inspection Report? Comment: The approved plan was not specifically reviewed. DLR was notified of our site visit. Yes No NA NE Erosion Control Measures Is the site maintaining their erosion control measures as indicated on DLR/Local Program Inspection Report? Q ❑ 0 ■ Comment: DWQ did not perform a site inspection in response to DLR DWQ's site inspection was in response to a complaint. DWQ noted that on-site personnel were cleaning out behind the sediment fencing; sediment had gathered behind the fencing. The facility had some washout of ash fill which went into the sediment basin on-site. Due to the extremely wet conditions—site personnel were unable to get equipment to the area to clean out the sediment basin (but this was planned as soon as it was deemed feasible). Approved E&SC Plan Yes No NA NE Is a copy of the approved E&SC plan on site? ❑ Comment: DWQ did not specifically ask to review the plan. Rain Gauge Yes No NA NE Is a rain gauge present on the site at the time of inspection? ® 0 0 n Comment: Rain Gauge Records- Yes No NA NE Is rain gauge data measured and recorded? ,n Comment: Inspection Records Yes No NA NE Are inspection records of erosion&sedimentation control measures and stormwater discharges complete? ■ ❑ ❑ I_1 Comment: Mr.Gene Suprenant, Regional Manager for the contractor, Charah, has kept complete records of inspections and actions taken with regard to measures. The records were briefly reviewed on site and, as requested, Mr. Suprenant forwarded a copy of 3 months of monitoring records for the DWQ to review. Other NCGO10000 Permit Conditions Yes No NA NE Is the site compliant with other conditions of the NCG010000 permit? ® � ❑ Page: 3 i Permit:NCR000734 Owner-Facility:Asheville Regional Airport Authority Inspection Date: 01/27/2010 Inspection Type:Compliance Evaluation Reason for Visit:Complaint Comment: The site was compliant during the time of inspection (1/27/2010). Mr. Suprenant was reminded to notify DWQ wthin 24 hours if there was sediment loss from the site. Other Water Quality Issues Yes No NA NE Is the site free of any other Water Quality issues as noted during the inspection? ■ n n n Comment: The side appeared to be compliant at the time of the inspection. There was some sediment loss which was noted and personnel were removing with shovels. Some had reached surface waters- mainly in an area that would not be suitable for removal. Some sediment was noted at the property outfall. While this may be due to some sediment loss from construction activities- it could also be from erosion of the stream banks from the flushes of stormwater from the airport through the stream on-site. Erosion along the streambank was noted. Page: 4 All NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION March 2, 2010 Mr. John McCracken Haywood County Board of Education 1230 N. Main Street Waynesville, NC 28786 SUBJECT: Compliance Evaluation Inspection Bethel Middle School WWTP Permit No: NCO067351 Haywood County Dear Mr. McCracken: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on February 25, 2010. The facility was found to be in compliance with permit NC0067351. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: Mark Teague, Env. Inc. Central Files Asheville Files S:\SWP\Haywood\Wastewater\Minors\Bethel School 67351\CE1.02-25-10.doc "SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 NorthCarolina Phone: (828)296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 Internet:www.ncwaterguality.org 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 I NI 2 151 31 N00067351 111 121 10/02/25 117 181 CI 191 SI 201 I Remarks 211 I i I I I I I I I I I I I I 11 1 1 ] 1 16 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ------------------------Reserved------------------ 671 l.o 169 70 13 I 711 I 721 NJ 73' I ' 74 75I I I I I I I 180 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) 11:30 AM 10/02/25 06/02/01 Bethel School WWTP Us Hwy 276 w Exit Time/Date Permit Expiration Date Waynesville NC 28786 - 12:00 PM 10/02/25 11/01/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Joedavid Matthew Hall/ORC/828-293-9396/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Ted L Norman,630 Sonoma Rd Waynesville NC 28786//828-646-3442/ No i' Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit ■Operations&Maintenance ®Records/Reports 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 Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date ---- 3 Z 2GIG? , r EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page.# 1 NPDES yr/mo/day Inspection Type (cont.) i 3I NCO067351 I11 12I 10/02/25 I17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The Bethel Middle School WWTP is a Class II facility rated as a 0.015 MGD extended aeration package plant with: bar screen; aeration basin with blowers providing diffused air; clarifier with sludge return; (without sludge holding tank); fine solids settling basins; tablet chlorinator with contact tank; and tablet dechlorinator. PERMIT/ INSPECTION/ LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 4-28-2009 by Wanda Frazier. The permit expires on 1-31-2011. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. A copy of the permit was on-site. The daily operator log was present on-site and had good notation of daily events, process control and field testing data. TREATMENT UNITS/ PROCESS CONTROL TESTING DATA: The activated sludge aeration basin process control data was as follows: Temperature= 9.1 degrees Celsius pH = 5.9 units--- need to raise pH with the addition of chemicals Dissolved Oxygen = 10.3 mg/I --- need to lower DO to 1-3 mg/I Settleable Solids = 250 ml/I = 25% Pumping: There is no sludge holding tank. The only way to waste excess solids, is to have the plant pumped. The next time the plant is pumped, be sure to pump the solids settling basins. EFFLUENT: The effluent data was as follows: Temperature = 8.9 degrees Celsius pH = 5.8 units --- need to raise pH & keep between 6.0 and 9.0 units Dissolved oxygen = 10.5 mg/I --- need to reduce aeration to lower DO Page# 2 Permit: NCO067351 Owner-Facility: Bethel School WWTP Inspection Date: 02/25/2010 Inspection Type: Compliance Evaluation Chlorine = 35 ug/I OPERATIONS AND MAINTENANCE/EFFLUENT/ SUMMARY: Mr. JoeDavid Hall, ORC, assisted in the inspection and appears to be operating and maintaining the facility very well. The effluent appeared to be in compliance with permit limits. SYSTEM PERFORMANCE ANNUAL REPORT: Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment works' and collection system's performance over a 12 month period.) - The System Performance Annual Performance Report had been filed for the 2008-2009 fiscal year by Env. Inc. Report Format: The following is provided as guidance to assist you in meeting this aspect of the new reporting requirements. The law states the above mentioned report shall summarize the performance of the treatment works or collection system and state the extent to which any terms of its permit, federal laws, or any State laws, regulations or rules related to the protection of water quality have been violated. In order to meet the spirit of this law, it is strongly suggested that, at a minimum, the report contain the following information: I. General Information • Name of regulated entity and county • Responsible entity, person or contact with phone number or address • Listing of applicable permit(s) — NPDES and Collection System permits, etc. (Note: water plant wastewater dischargers are exempt) • Description of collection or treatment system or process II. Performance- Description Description of overall 12-month performance, noting highlights and deficiencies. • By month, list of the number and type of any violations of permit conditions, environmental regulations or environmental laws, including (but not limited to): Permit Limit Violations- list by month and type Monitoring and Reporting Violations-i.e. NOVs and Civil Assessments (Illegal) Bypass of treatment facilities* Page# 3 Permit: NCO067351 Owner-Facility: Bethel School WVVrP Inspection Date: 0 212 5/2 0 1 0 Inspection Type: Compliance Evaluation Sanitary Sewer Overflows (SSOs)*- Dates of SSOs*, Press Releases & Public Notices (*Note the estimated total monthly volumes and locations of events in which more than 1,000 gallons of waste reached surface waters. • Description of any known environmental impact of violations • Description of corrective measures taken to address violations or deficiencies III. Notification • Statement as to how users or customers have been provided access to the report. IV. Certification • Statement by a responsible official certifying the report is accurate and complete. It shall be left to the individual applicable entities to decide both how much detail above minimum they wish to provide in the report and how they will provide the report to their users or customers. This law was established to provide a mechanism for public oversight(and hopefully, to instill public confidence). Those entities that fall under the scope of this part of the law are encouraged to be forthcoming in their report and they should provide its readers a contact where they may view more detailed information. To satisfy the Departmental reporting requirement, three copies of the report should be submitted to the following address: System Performance Annual Report North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Annual reports must be submitted within 60 days of the end of the applicable 12-month review period. You may base your report on either a calendar year or a fiscal year(i.e. July 1 —June 30) time frame. Page# 4 Permit: NCO067351 Owner-Facility: Bethel School WVVTP Inspection Date: 02/25/2010 Inspection Type:Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted anew application? ❑ ❑ ® n Is the facility as described in the permit? ® n n 0 #Are there any special conditions for the permit? n ■ n n Is access to the plant site restricted to the general public? ® n n n Is the inspector granted access to all areas for inspection? ■ ❑ ❑ E) Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n ❑ n Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge 0 0 n n Judge,and other that are applicable? Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical F1 Are the bars adequately screening debris? ® ❑ n n Is the screen free of excessive debris? n n Cl Is disposal of screening in compliance? ® ❑ n n Is the unit in good condition? ® n ❑ (] Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Diffused Type of aeration system Is the basin free of dead spots? n E) n Are surface aerators and mixers operational? n n 0 n Are the diffusers operational? ■ ❑ Q Is the foam the proper color for the treatment process? i 0 ❑ n Does the foam cover less than 25%of the basin's surface? ® ❑ n n Is the DO level acceptable? ■ ❑ n ❑ Is the DO level acceptable?(1.0 to 3.0 mg/1) n n ® n Page# 5 ....... ....... Permit: NCO067351 Owner-Facility: Bethel School WWTP Inspection Date: 02/25/2010 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Comment: DO was 10.3 mg/1 - need to lower to 1-3 mg/I. Secondary Clarifier Yes No NA NE Is the clarifier free of biack and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ n ■ n Are weirs level? ■ n n n Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? ■ n n 11 Is scum removal adequate? ■ n n Is the site free of excessive floating sludge? ■ ❑ ❑ ❑ Is the drive unit operational? n n ■ n Is the return rate acceptable(low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ n ❑ n Is the sludge blanket level acceptable?(Approximately Y of the sidewall depth) ■ n ❑ n Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ Are the tablets the proper size and type? ■ ❑ n ❑ Number of tubes in use? 2 Is the level of chlorine residual acceptable? ■ n n n Is the contact chamber free of growth,or sludge buildup? ■ n n n Is there chlorine residual prior to de-chlorination? ■ n Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ n Is storage appropriate for cylinders? n n ■ n #Is de-chlorination substance stored away from chlorine containers? n n ■ n Comment: Are the tablets the proper size and type? ■ n ❑ ❑ /- Are tablet de-chlorinators operational? ■ n n n Page# 6 Permit: NC0067351 Owner-Facility: Bethel School VWVFP Inspection Date: 02/25/2010 Inspection Type: Compliance Evaluation Yes No NA NE De-chlorination 1 Number of tubes in use? Comment: Yes No NA NE Effluent Pipe Is right of way to the outfall properly maintained? no ❑ 0 Are the receiving water free of foam other than trace amounts and other debris? ® n ❑ 0 If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ® ❑ Comment: Page# 7 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION March 2, 2010 Mr. Joey Cupp, Environmental Manager Pilot Travel Centers LLC 5508 Lonas Road Knoxville, TN 37909-3221 SUBJECT: Compliance Evaluation Inspection Pilot Travel Center# 393 WWTP Permit No: NCO086053 Haywood County Dear Mr. Cupp: Enclosed please find a copy of the Compliance, Evaluation Inspection form from the inspection conducted on February 25, 2010. The facility was found to be in compliance with permit NC0086053. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, '�����'�-�,W7� •�/ICE" 2 Wanda P. Frazier Environmental Specialist Enclosure cc: Mark Teague, Env. Inc. Canna Jones; Dynamis, Inc.; 3707 Henson Road; Knoxville, TN 37921 Central Files Asheville Files S:\SWP\Haywood\Wastewater\Minors\Pilot Travel Center 86053\CE1.02-25-10.doc — SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 NorthCarollna Phone: (828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 Naturally Internet:www.ncwatergualitV.org . . .___...__..... �--, f�. 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 I NI 2 15I 31 NCO086053 111 121 10/02/25 117 181 CI 191 SI 201 Remarks 211III I � � � � � � � � � � � � IIIIII � I � � � III �' � � � � I � I- II � III � 16 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA - --------- ---------Reserved-------- --------- 67I _1 0 ---169 701 31 711 I 721 NJ 73' ' 174 75I I I I I I I 180 Section B: Facility Data 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) 01:00 PM 10/02/25 06/12/01 Pilot Travel Center #393 NC Hwy 209 At I-40 Exit Time/Date Permit Expiration Date Waynesville NC 28786 01:30 PM 10/02/25 11/01/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Joedavid Matthew Hall/ORC/828-293-9396/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Gary Douglas,PO Box 750 Waynesville NC 28786/Env Manager/865-588-748N$o Section C. Areas Evaluated During Inspection (Check only those areas evaluated) Permit ®Operations&Maintenance ®Records/Reports 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 Wanda P Frazier ARO wQ//828-296-4500 Ext.4662/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date _71 I Z EPA For 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 .. ... ..._..... NPDES yr/mo/day Inspection Type (cont. 1 3I NCO086053 I11 12I 10/02/25 117 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The Pilot Travel Center WWTP is a Class II facility rated as a 0.025 MGD extended aeration concrete package plant with: bar screen; 5,000 gallon aerated EQ basin; six 5,000 gallon aeration basins with blowers providing diffused air; two clarifiers with sludge return; an aerobic digestor; tablet chlorinator with contact tank; tablet dechlorinator; and post aeration. PERMIT/INSPECTION /LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 4-28-2009 by Wanda Frazier. The permit expires on 1-31-2011. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. A copy of the permit was on-site. The daily operator log was present on-site and had good notation of daily events, process control and field testing data. TREATMENT UNITS/PROCESS CONTROL TESTING DATA: The activated sludge aeration basin process control data was as follows: Temperature = 6.1 degrees Celsius pH = 7.2units Dissolved Oxygen = 7.2 mg/1--- need to lower DO to 1-3 mg/I Settleable Solids = 200 ml/I = 20% One of the aeration cells had a Fluoroprobe Luminescent Oxygen Analyzer(Model FL-3) installed to continuously monitor the DO. The DO appeared to be reading low, indicating that the probe might be fouled with debris, interferring with proper operation. EFFLUENT: The effluent data was as follows: Temperature = 4.7 degrees Celsius pH = 7.3 units Dissolved oxygen = 6.5 mg/I Chlorine= 22 ug/I Page# 2 - . ___ Permit: NCO086053 Owner-Facility: Pilot Travel Center#393 Inspection Date: 02/25/2010 Inspection Type: Compliance Evaluation OPERATIONS AND MAINTENANCE/ EFFLUENT/SUMMARY: The flow meter was last calibrated on 4-27-09. Mr. JoeDavid Hall, ORC, assisted in the inspection and appears,to be operating and maintaining the facility very well. The effluent appeared to be in compliance with permit limits. - SYSTEM PERFORMANCE ANNUAL REPORT: Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to,its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment works' and collection system's performance over a 12 month period.) The System Performance Annual Performance Report had been filed for the 2008-2009 fiscal year by Env. Inc. Report Format: The following is provided as guidance to assist you in meeting this aspect of the new reporting requirements. The law states the above mentioned report shall summarize the performance of the treatment works or collection system and state the extent to which any terms of its permit, federal laws, or any State laws, regulations or rules related to the protection of water quality have been violated. In order to meet the spirit of this law, it is strongly suggested that, at a minimum, the report contain the following information: I. General Information • Name of regulated entity and county • Responsible entity, person or contact with phone number or address • Listing of applicable permit(s) —NPDES and Collection System permits, etc. (Note: water plant wastewater dischargers are exempt) • Description of collection or treatment system or process il. Performance • Description of overall 12-month performance, noting highlights and deficiencies. • By month, list of the number and type of any violations of permit conditions, environmental regulations or environmental laws, Including (but not limited to): Permit Limit Violations—list by month and type Monitoring and Reporting Violations—i.e. NOVs and Civil Assessments (Illegal) Bypass of treatment facilities* Page# 3 ................. ........... _ __ Permit: NCO086053 Owner-Facility: Pilot Travel Center#393 Inspection Date: 02/25/2010 Inspection Type: Compliance Evaluation Sanitary Sewer Overflows (SSOs)*- Dates of SSOs*, Press Releases & Public Notices (*Note the estimated total monthly volumes and locations of events in which more than 1,000 gallons of waste reached surface waters. Description of any known environmental impact of violations • Description of corrective measures taken to address violations or deficiencies _ LLI. Notification--,.-,---,.,,--- - Statement as to how users or customers have been provided access to the report. IV. Certification • Statement by a responsible official certifying the report is accurate and complete. It shall be left to the individual applicable entities to decide both how much detail above minimum they wish to provide in the report and how they will provide the report to their users or customers. This law was established to provide a mechanism for public oversight (and hopefully, to instill public confidence). Those entities that fall under the scope of this part of the law are encouraged to be forthcoming in their report and they should provide its readers a contact where they may view more detailed information. To satisfy the Departmental reporting requirement, three copies of the report should be submitted to the following address: System Performance Annual Report North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Annual reports must be submitted within 60 days of the end of the applicable 12-month review period. You may base your report on either a calendar year or a fiscal year(i.e. July 1 —June 30) time frame. Page# 4 __ Permit: NCO086053 Owner-Facility: Pilot Travel Center#393 Inspection Date: 02/25/2010 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? n n ® n Is the facility as described in the permit? ® n D ❑ #Are there any special conditions for the permit? n n ❑ Is access_to the plant site to the general public? ® n n n Is the inspector granted access to all areas for inspection? ® n n n Comment: Operations & Maintenance Yes No NA .NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge ® ❑ ❑ n Judge,and other that are applicable? Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical n Are the bars adequately screening debris? ® n Q n Is the screen free of excessive debris? ® n n n Is disposal of screening in compliance? ® n n n Is the unit in good condition? ■ n n ❑ Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Diffused Type of aeration system Is the basin free of dead spots? n 0 Are surface aerators and mixers operational? n n ■ Are the diffusers operational? ■ ❑ n n Is the foam the proper color for the treatment process? n ❑ ❑ Does the foam cover less than 25%of the basin's surface? n n n Is the DO level acceptable? ■ ❑ n n Is the DO level acceptable?(1.0 to 3.0 mg/I) n ❑ n - Page# 5 r Permit: NCO086053 Owner-Facility: Pilot Travel Center#393 Inspection Date: 02/25/2010 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Comment: DO 7.2 mg/1 Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ rl ❑ In Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ■ Are weirs level? ■ 1=1 ❑ [1 Is the site free of weir blockage? ■ ❑ n Q Is the site free of evidence of short-circuiting? O Is scum removal adequate? ■ ❑ ❑ ❑ Is the site free of excessive floating sludge? ■ ❑ ❑ ❑ Is the drive unit operational? ❑ ❑ ■ Is the return rate acceptable(low turbulence)? ■ n n ❑ Is the overflow clear of excessive solids/pin floc? ■ Q ❑ Is the sludge blanket level acceptable?(Approximately%4 of the sidewall depth) ■ ❑ ❑ ❑ Comment: - Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ ❑ ❑ Are the tablets the proper size and type? ■ ❑ Q ❑ Number of tubes in use? 1 Is the level of chlorine residual acceptable? ■ ❑ ❑ ❑ Is the contact chamber free of growth,or sludge buildup? ■ r1 ❑ ❑ Is there chlorine residual prior to de-chlorination? ■ [1 ❑ ❑ Comment: De-chlorination Yes No NA NE Type of system? Is the feed ratio.proportional to chlorine amount(1 to 1)? r1 ❑ ■ ❑ Is storage appropriate for cylinders? Q ❑ #Is de-chlorination substance stored away from chlorine containers? n ❑ ■ ❑ Comment: Are the tablets the proper size and type? ■ fl ❑ ❑ Are tablet de-chlorinators operational? ■ n n n Page# 6 Permit: NC0086053 Owner-Facility: Pilot Travel Center#393 Inspection Date: 02/25/2010 Inspection Type: Compliance Evaluation De-chlorination Yes No NA NE 1 Number of tubes in use? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ® Q 0 ❑ Are the receiving water free of foam other than trace amounts and other debris? ® ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ® n Comment: Page# 7 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION March 2, 2010 Mr. Robert Briggs 30 Luska Ridge Waynesville,NC 28785 SUBJECT: Compliance Evaluation Inspection Dogwood Trails WWTP Permit No: NCO065986 Haywood County Dear Mr. Briggs: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on February 25, 2010. The facility was found to be in compliance with permit NC0065986. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: Mark Teague, Env. Inc. Central Files AsheviN-, Files S:\SWP\Haywood\Wastewater\Minors\Dogwood Trails 65986\CEI.02-25-10.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE NOnrthCarOhria Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 �a Carol n Phone: (828)296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 Internet:www.ncwaterguality.org United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 E rH 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 I NI 2 15I 31 NCO065986 Ill 121 10/02/25 117 18I CI 19I sI 20I Remarks 211 I I I I I I I I III I I I I I I I I I I I I I I I I I I I I, I I I I I I I I I I I I I I I6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CA -- -------- --------Reserved ----------------— 671_ 1 o -._-_I 69 70131 711 I 721 NI 73I I '74 751 I I I I (. I 180 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) 02:00 PM 10/02/25 08/06/01 Dogwood Trails Subdivision Exit Time/Date Permit Expiration Date Evans Cove Rd Maggie Valley NC 28751 02:30 PM 10/02/25 11/01/31 Name(s)of Onsite Representative(s)(Titles(s)/Phone and Fax Number(s) Other Facility Data Joedavid Matthew Hall/ORC/828-293-9396/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Mark Teague,30 Luska Rdg Waynesville NC 28785/// No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance ®Records/Reports ®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 Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ 1,2 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date A-A. EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 -_.-.. -. .--_.-. .._..-. .__-.. NPDES yr/mo/day Inspection Type (cont.) 1 3I NCO065986 I11 12I 10/02/25 I17 18Icl Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The Dogwood Trails WWTP is a Class II facility rated as a 0.020 MGD extended aeration package plant with: bar screen; aeration basin with blowers providing diffused air; clarifier with sludge return; tablet chlorinator with contact tank; and tablet dechlorinator. PERMIT-/.INSPECTION /LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 4-28-2009 by Wanda Frazier. The permit expires on 1-31-2011. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. A copy of the permit was on-site. The daily operator log was present on-site and had good notation of daily events, process control and field testing data. TREATMENT UNITS/PROCESS CONTROL TESTING DATA: The activated sludge aeration basin process control data was as follows: Temperature = 2.4 degrees Celsius pH =5.3 units --- need to increase pH & maintain between 6.0 and 9.0 units Dissolved Oxygen = 12.5 mg/I --- need to lower DO to 1-3 mg/I - Settleable Solids = 200 ml/I = 20% ITEMS NEEDED: CLARIFIER: A baffle board needs to be installed in the clarifier to prevent the accumulation of a scum layer on top of the water. WATER ON-SITE: There is a need for a water hose bib (with freeze protection)for wash-down water at the plant. EFFLUENT: The effluent data was as follows: Temperature = 0.7 degrees Celsius pH = 6.1 units Page# 2 Permit: NCO065986 Owner-Facility: Dogwood Trails Subdivision Inspection Date: 02/25/2010 Inspection Type: Compliance Evaluation Dissolved Oxygen = 10.8 mg/I Chlorine = 41 ug/I OPERATIONS AND MAINTENANCE/ EFFLUENT/ SUMMARY: Mr. JoeDavid Hall, ORC, assisted in the inspection and appears to be operating and maintaining the facility very well. The effluent-appeared to be in compliance with permit limits. SYSTEM PERFORMANCE ANNUAL REPORT: Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment works' and collection system's performance over a 12 month period.) The System Performance Annual Performance Report had been filed for the 2008-2009 fiscal year by Env. Inc. Report Format: The following is provided as guidance to assist you in meeting this aspect of the new reporting - requirements. The law states the above mentioned report shall summarize the performance of the treatment works or collection system and state the extent to which any terms of its permit, federal laws, or any State laws, regulations or rules related to the protection of water quality have been violated. In order to meet the spirit of this law, it is strongly suggested that, at a minimum, the report contain the following information: I. General Information • Name of regulated entity and county Responsible entity, person or contact with phone number or address • Listing of applicable permit(s)— NPDES and Collection System permits, etc. (Note: water plant wastewater dischargers are exempt) • Description of collection or treatment system or process II.Performance • Description of overall 12-month performance, noting highlights and deficiencies. • By month, list of the number and type of any violations of permit conditions, environmental regulations or environmental laws, including (but not limited to): Permit Limit Violations— list by month and type Monitoring and Reporting Violations—i.e. NOVs and Civil Assessments Page# 3 ... ..........._..- _ _ __ _ Permit: NCO065986 Owner-Facility: Dogwood Trails Subdivision Inspection Date: 0212 5/2 0 1 0 Inspection Type: Compliance Evaluation (Illegal) Bypass of treatment facilities* Sanitary Sewer Overflows (SSOs)*- Dates of SSOs*, Press Releases & Public Notices (*Note the estimated total monthly volumes and locations of events in which more than 1,000 gallons of waste reached surface waters. • Description of any known environmental impact of violations • Description of corrective measures taken to address violations or deficiencies III. Notification • Statement as to how users or customers have been provided access to the report. IV. Certification • Statement by a responsible official certifying the report is accurate and complete. It shall be left to the individual applicable entities to decide both how much detail above minimum they wish to provide in the report and how they will provide the report to their users or customers. This law was established to provide a mechanism for public oversight (and hopefully, to instill public confidence). Those entities that fall under the scope of this part of the law are encouraged to be forthcoming in their report and they should provide its readers a contact where they may view more detailed information. To satisfy the Departmental reporting requirement, three copies of the report should be submitted to the following address: System Performance Annual Report North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Annual reports must be submitted within 60 days of the end of the applicable 12-month review period. You may base your report on either a calendar year or a fiscal year(i.e. July 1 —June 30) time frame. Page# 4 Permit: NCO065986 Owner-Facility: Dogwood Trails Subdivision Inspection Date: 02/25/2010 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? ® n n n #Are there any special conditions for the permit? n ® n n Is access to the plant site restricted to the general public? ® n n n Is the inspector granted access to all areas for inspection? ■ ❑ n n Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO, Sludge ® Q ❑ n Judge, and other that are applicable? Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual n b.Mechanical n Are the bars adequately screening debris? ® ❑ ❑ n Is the screen free of excessive debris? ® f=1 n fl Is disposal of screening in compliance? ■ ❑ ❑ .0 Is the unit in good condition? ■ n ❑ n Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Diffused Type of aeration system Is the basin free of dead spots? ® 11 ❑ Ej Are surface aerators and mixers operational? n ❑ ■ 11 Are the diffusers operational? n ❑ ❑ Is the foam the proper color for the treatment process? ■ ❑ ❑ n Does the foam cover less than 25%of the basin's surface? n n Is the DO level acceptable? ❑ ❑ Cl Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ Q n Page# 5 ..... ...-_..- .-___.. __ Permit: NCO065986 Owner-Facility: Dogwood Trails Subdivision Inspection Date: 02/25/2010 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Comment: DO 12.5 mg/1 Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ® io Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ Are weirs level? 0 n n n Is the site free of weir blockage? n n n Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ n n Cl Is the site free of excessive floating sludge? ® ❑ n n Is the drive unit operational? n n O Is the return rate acceptable(low turbulence)? ® n Cl n Is the overflow clear of excessive solids/pin floc? ■ n ❑ ❑ Is the sludge blanket level acceptable?(Approximately%<of the sidewall depth) ■ n n n Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n n Are the tablets the proper size and type? ® n n 0— Number of tubes in use? 1 Is the level of chlorine residual acceptable? ■ n n n Is the contact chamber free of growth, or sludge buildup? ■ n n n Is there chlorine residual prior to de-chlorination? ■ n n it Comment: De-chlorination Yes No NA NE Type of system? Is the feed ratio proportional to chlorine amount(1 to 1)? n ❑ ■ n Is storage appropriate for cylinders? ❑ ❑ ® n #Is de-chlorination substance stored away from chlorine containers? ❑ n ■ n Comment: Are the tablets the proper size and type? ■ n n n i Are tablet de-chlorinators operational? n n n - Page# 6 Permit: NC0065986 Owner-Facility: Dogwood Trails Subdivision Inspection Date: 02/25/2010 Inspection Type: Compliance Evaluation De-chlorination Yes No NA NE Number of tubes in use? 2 Comment: Effluent Pipe Yes No NA NE ►s right of way to the outfall properly maintained ■ ❑ Cl Are the receiving water free of foam other than trace amounts and other debris? ® n n If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ® ❑ Comment: y Page# 7 r'�. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION March 2, 2010 Mr. James H. Francis PO Box 861 Waynesville, NC 28786 Mr. William Freeman 201 Freeman Road Waynesville, NC 28786) SUBJECT: Compliance Evaluation Inspection Green Valley MHP WWTP Permit No: NCO030422 Haywood County Dear Sirs: Enclosed please find a copy of the Compliance Evaluation Inspection form. from the inspection conducted on February 25,2010. The facility was found to be in compliance with permit NC0030422. Please refer to the enclosed inspection report for additional observations and comments.' If you or your staff should have any questions;please call me at 828-296-4662. Sincerely, Aa �n Wanda P. Frazier Environmental Specialist Enclosure cc: Mark.Teague, Env. Inc. Central Files Asheville Files S:\SWP\Haywood\Wastewater\Minors\Green Valley MHP 30422\CEI.02-25-10.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S. Highway 70,Swannanoa, NC 28778 NOItI1CaTOI1riS Phone:(828)296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 )Vaturallff Internet:www ncwaterguality.org i, �_. f.,_, � ___ r� 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 INI 2 151 31 N00030422 Ill 121 10/02/25 117 181c1 191SI 201 I Remarks 21111111I- I1I11111111IIII -I1111I IIIIIIII IIIIIIIIII16 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA --------------- --------Reserved-- --------------- 671 1.0 169 70131 711 1 721 N 1 73' ' L 74 751 1 1 1 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) 02:40 PM 10/02/25 06/12/O1 Green Valley Mobile Home Park 201 Freeman Rd Exit Time/Date Permit Expiration Date Waynesville NC 28786 03:05 PM 10/02/25 11/01/31 Name(s)of Onsite Representative(s)fTitles(s)/Phone and Fax Number(s) Other Facility Data Joedavid Matthew Hall/ORC/828-293-9396/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted James H Francis,PO Box 861 Waynesville NC 28786/// No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance Records/Reports 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 Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ ✓�/� l�^rz�,l � l� '`.il ale.�120'L 7-nc2.7 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date r;� 3 z e/C -1'1 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (Cont.) 1 3I NCO030422 I11 12I 10/02/25 117 18I CI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The Green Valley MHP WWTP is a Class II facility rated as a 0.009 MGD extended aeration package plant with: bar screen; aeration basin with blowers providing diffused air; clarifier with sludge return; an aerobic digestor; fine solids settling basin; tablet chlorinator; and tablet dechlorinator. An Authorization to Construct(ATC No. 030422AO1)was issued on 1-16-2008, for the construction of a new 3,000 flow equalization tank with 15 cfm blower and diffuser assembly; duplex 27 gpm submersible grinder pumps; manual bar screen; and a 359 gallon chlorine contact chamber. There have been recent efforts to excavate and install the trench box for the equalization basin, however problems with high groundwater levels have hindered those efforts. PERMIT/ INSPECTION/LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 4-28-2009 by Wanda Frazier. The permit expires on 1-31-2011. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. A copy of the permit was on-site. The daily operator log was present on-site and had good notation of daily events, process control and field testing data. TREATMENT UNITS/PROCESS CONTROL TESTING DATA: The activated sludge aeration basin process control data was as follows: Temperature= 6.6 degrees Celsius pH = 6.9 units Dissolved Oxygen = 3.2 mg/I Settleable Solids= 900 ml/I = 90% ---due to hydraulic surges &young sludge age EFFLUENT: The effluent data was as follows: Temperature =5.9 degrees Celsius pH = 7.2 units Page# 2 Permit_ NCO030422 Owner-Facility: Green Valley Mobile Home Park Inspection Date: 02/25/2010 Inspection Type: Compliance Evaluation Dissolved Oxygen = 5.2 mg/I Chlorine= 22 ugh OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY: Mr. JoeDavid Hall, ORC, assisted in the inspection and appears to be operating and maintaining the facility very well. The effluent appeared to be in compliance with permit limits. SYSTEM PERFORMANCE ANNUAL REPORT: The System Performance Annual Performance Report had been filed for the 2008-2009 fiscal year by Env. Inc. Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment works' and collection system's performance over a 12 month period.) Report Format: The following is provided as guidance to assist you in meeting this aspect of the new reporting requirements. The law states the above mentioned report shall summarize the performance of the treatment works or collection system and state the extent to which any terms of its permit, federal laws, or any State laws, regulations or rules related to the protection of water quality have been violated. In order to meet the spirit of this law, it is strongly suggested that, at a minimum, the report contain the following information: I. General Information • Name of regulated entity and county • Responsible entity, person or contact with phone number or address • Listing of applicable permit(s)— NPDES and Collection System permits, etc. (Note:water plant wastewater dischargers are exempt) • Description of collection or treatment system or process II. Performance • Description of overall 12-month performance, noting highlights and deficiencies. • By month, list of the number and type of any violations of permit conditions, environmental regulations or environmental laws, Including (but not limited to): Permit Limit Violations—list by month and type Page# 3 Permit: NCO030422 Owner-Facility: Green Valley Mobile Home Park Inspection Date: 02/25/2010 Inspection Type: Compliance Evaluation Monitoring and Reporting Violations—i.e. NOVs and Civil Assessments (Illegal) Bypass of treatment facilities* Sanitary Sewer Overflows (SSOs)*- Dates of SSOs*, Press Releases & Public Notices (*Note the estimated total monthly volumes and locations of events in which more than 1,000 gallons of waste reached surface waters. • Description of any known environmental impact of violations • Description of corrective measures taken to address violations or deficiencies 111. Notification • Statement as to how users or customers have been provided access to the report. IV. Certification • Statement by a responsible official certifying the report is accurate and complete. It shall be left to the individual applicable entities to decide both how much detail above minimum they wish to provide in the report and how they will provide the report to their users or customers. This law was established to provide a mechanism for public oversight(and hopefully, to instill public confidence). Those entities that fall under the scope of this part of the law are encouraged to be forthcoming in their report and they should provide its readers a contact where they may view more detailed information. To satisfy the Departmental reporting requirement, three copies of the report should be submitted to the following address: System Performance Annual Report North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Annual reports must be submitted within 60 days of the end of the applicable 12-month review period. You may base your report on either a calendar year or a fiscal year(i.e. July 1 -June 30)time frame. Page# 4 Permit: NCO030422 Owner-Facility: Green Valley Mobile Home Park Inspection Date: 02/25/2010 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted anew application? n ❑ ® n Is the facility as described in the permit? ® n n n #Are there any special conditions for the permit? ❑ ® n n Is access to the plant site restricted to the general public? ® n n n Is the inspector granted access to all areas for inspection? ® nnn Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge 11 ❑ n n Judge,and other that are applicable? Comment: Bar screens Yes No NA NE Type of bar screen a.Manual - b.Mechanical n Are the bars adequately screening debris? ® n n n Is the screen free of excessive debris? n n n Is disposal of screening in compliance? ® on n Is the unit in good condition? ® on n Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Diffused Type of aeration system Is the basin free of dead spots? n n n Are surface aerators and mixers operational? n n ® n Are the diffusers operational? ® n n n Is the foam the proper color for the treatment process? ® n n n Does the foam cover less than 25%of the basin's surface? E D n n Is the DO level acceptable? ® n n ❑ Is the.DO level acceptable?(1.0 to 3.0 mg/1) ® n n n Page# 5 Permit: NC0030422 Owner-Facility: Green Valley Mobile Home Park Inspection Date: 02/25/2010 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ n n Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n Are weirs level? E o n n Is the site free of weir blockage? ■ n n ❑ Is the site free of evidence of short-circuiting? ■ n n Is scum removal adequate? ■ n n ❑ Is the site free of excessive floating sludge? ■ ❑ n n Is the drive unit operational? n n In n Is the return rate acceptable(low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ■ n n n Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ n n Are the tablets the proper size and type? ■ ❑ n n Number of tubes in use? 1 Is the level of chlorine residual acceptable? ■ ❑ n n Is the contact chamber free of growth,or sludge buildup? ■ ❑ n n Is there chlorine residual prior to de-chlorination? ■ n n n Comment: De-chlorination Yes No NA NE Type of system? Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ o Is storage appropriate for cylinders? n n ® n #Is de-chlorination substance stored away from chlorine containers? n n In n Comment: Are the tablets the proper size and type? ■ n n n Are tablet de-chlorinators operational? ■ n n n Page# 6 Permit: NCO030422 owner-Facility: Green Valley Mobile Home Park Inspection Date: 02/25/2010 Inspection Type: Compliance Evaluation Yes No NA NE De-chlorination 1 Number of tubes in use? Comment: Yes No NA NE Effluent Pipe Is right of way to the outfall properly maintained? ® n ❑ ❑ 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? ❑ ❑ ® El Comment: Page# 7 NC® NR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 3, 2010 Richard Kreis 111 Pitts Rd Franklin,NC 28734 SUBJECT: NOTICE OF VIOLATION DWQ Tracking Number: NOV-2010-SS-0006 Stream Standard Violation - Other Waste (In-stream sediment) Macon County Response deadline: March 23, 2010 - Dear Mr. Kreis: On February 11,2010, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality(DWQ) conducted a site inspection along Addington Bridge Road in Macon County. Messrs. Matt Mason(Macon County Erosion Control [MCEC]), Kim Hedden(MCEC) and Jeff Menzel (DWQ) were present. Stream standard violations were noted during the inspection. Sediment impacts to an unnamed tributary to Bates Branch (Class C waters)were documented. Approximately 256 feet of stream has been impacted by sediment discharged from a soil pile on your property. VIOLATIONS I. Stream Standard Violation Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f- Approximately 250 feet of an unnamed tributary to Bates Branch(Class C waters) was impacted by sediment deposition greater than three(3)inches throughout the stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swanmanoa,North Carolina 28778 NOTthCarOlina Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 Nahmally Internet: www.ncwaterquality.org An Equal Opportunity!Affirmative Action Employer .._. ......_.._............ . . . _ __...... ..._ ....... ... Richard Kreis March 3,2010 Page 2 of 3 REQUIRED RESPONSE This Office requests that you respond in writing by March 23, 2010. Your response should be sent to both the attention of Chuck Cranford, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response should address the following items: I. Stream Standard - Other Waste (In-Stream Sediment) a. Please submit a Sediment Removal Plan to this office for review and approval. The plan must address removal of the accumulated sediment from the unnamed tributary to Bates Branch from the stream origin on your property down to the first culvert on the adjoining property(Stamey). The plan must be submitted to the Division of Water Quality for review and approval prior to implementation. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with development of your plan and authorization necessary to achieve compliance. It is recommended that your consultant contact Chuck Cranford of the Asheville Regional Office for additional guidance during plan development. The plan should include the following: • A narrative explaining how sediment will be removed and how impacted jurisdictional waters will be restored. • 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. • A narrative explaining how sediment will be retained on the site and kept out of waterways, and how restoration activities will be conducted such that turbidity standards are not exceeded. b. Once the plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Chuck Cranford. Note: Other sediment removal work will be occurring in the unnamed tributary to Bates Branch downstream of your property. A combined effort may benefit all parties. It is suggested you contact your neighbors to coordinate restoration activities,particularly if employing the same consultant. i'hank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality 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 Chuck Cranford at (828) 296- 4664. Sincerely, f t t Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Matt Mason- Macon County S:\S WP\Macon\Complaints\Kreis\NOV-2010-SS-0006.3.1.10.doc 1�s AM NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION March 3, 2010 David Hanks, Director of Water Resources City of Asheville PO Box 7148 Asheville, NC 28802 SUBJECT: Compliance Evaluation Inspection William De Bruhl Water Treatment Plant Wastewater Discharge Permit No: NCO056961 Buncombe County Dear Mr. Hanks: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on February 26, 2010. The facility was found to be in compliance with permit NC0056961. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: Central Files Asheville Files S:\SWP\Buncombe\Wastewater\Municipal\DeBruhl WTP (Bee Tree)56961\CEI.02-26-10.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 NorthCarolina Phone: (828)296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 1 aturallry Internet:www.ncwaterguality.orq'�<M United States Environmental Protection Agency Form Approved. E n n Washington,D.C.20460 OMB No.2040-0057 f /-� Water Compliance Inspection Report Approval expires 831-98 Section A National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 I5I 31 NCO056961 Ill 121 10/02/26 117 18ICI" "I S1 ISI 20I_I Remarks 211I11111IIIIIIIIIIIII11111II1I1IIII1I IIIIIIIIIIIll Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA - --------- ----------Reserved-------------------- 67I 1.0 169 701 31 71 I_I 721 NJ 73'w' 174 751 I I I I I ( 180 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) 02:00 PM 10/02/26 05/11/01 DeBruhl WTP 1370 Bee Tree Rd Exit Time/Date Permit Expiration Date Swannanoa NC 28778 03:55 PM 10/02/26 10/10/31 Name(s)of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data William Ronnie Presley/ORC/828-298-7800/ Name,Address of Responsible Official/Title/Phone and Fax Number Charlie Cletus Casey,3374 N Fork - Left Fork Rd Black Mountain NC Contacted 287118752//828-669-8569/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 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 Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 560-3(Rev 9-94)Previous editions are obsolete. i Page# 1 NPDES yr/mo/day Inspection Type (cont.) 1 3I NC0056961 I11 12I 10/02/26 I17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The City of Asheville's William DeBruhl Water Treatment Plant wastewater discharge facility is classified as class I Physical Chemical. The facility discharges filter backwash wastewater from a 300,000 gallon settling lagoon after removal of residual chlorine. The facility is located at 1370 Bee Tree Road in Swannanoa. An Authorization to Construct(ATC.#056961A01)was issued by the Division on July 14, 2009. The City is in the process of constructing a new 500,000 gallon backwash holding lagoon, which will be lined. PERMIT/ INSPECTION /LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 2-14-2008 by Janet Cantwell. The permit expires on 10-31-2010. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. A copy of the permit was on-site. Mr. Ronnie Presley, ORC, was present during the inspection and appears to be doing an excellent job operating this system. EFFLUENT: At the time of the inspection, there was no discharge of filter backwash wastewater from the water treatment plant holding lagoon. Page# 2 Permit: NC0056961 Owner-Facility: DeBruhlWTP Inspection Date: 0212 6/2 01 0 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? Q ❑ m n Is the facility as described in the permit? ® ❑ n n #Are there any special conditions for the permit? n ® n n Is access to the plant site restricted to the general public? n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Page# 3 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 3, 2010 Benjamin Pitts - 102 Pitts Rd Franklin,NC 28734 SUBJECT: NOTICE OF VIOLATION DWQ Tracking Number: NOV-2010-SS-0009 Stream Standard Violation- Other Waste (In-stream sediment) Macon County Response deadline: March 23, 2010 Dear Mr. Pitts: On February 11, 2010, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection along Addington Bridge Road in Macon County. Messrs. Matt Mason(Macon County Erosion Control [MCEC]),Kim Hedden(MCEC) and Jeff Menzel (DWQ) were present. Stream standard violations were noted during the inspection. Sediment impacts to an unnamed tributary to Bates Branch(Class C waters) were documented. Water discharging through the emergency spillway of the dam on your property is eroding a channel and delivering sediment to the stream below: VIOLATIONS I. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f—Approximately 30 feet of an unnamed tributary to Bates Branch(Class C waters)has been impacted by sediment deposition, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3)(f) REQUIRED RESPONSE This Office requests that you respond in writing by March 23, 2010. Your response should be sent to both the attention of Chuck Cranford, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center,Raleigh,NC 27699-1617. J: Your response should address the following items: SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location`.2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollna Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 ���u'/N�//� Internet: www.ncwaterquality.org " An Equal Opportunity 1 Affirmative Action Employer . .. ........ ........... .____ ____ Benjamin Pitts March 3,2010 Page 2 of 2 I. Stream Standard - Other Waste (In-Stream Sediment) a. Please explain when the pond on your property was constructed. b. To prevent further sediment damage to the stream,the emergency spillway channel must be stabilized. Prior to any work being initiated,you must contact the North Carolina Division of Land Resources to determine if any permitting will be required to conduct repair work associated with the dam. Contact Mr. Wayne Watkins at(828) 296-4500. c. Please provide your plans for stabilizing the spillway channel; including, a proposed schedule with dates that indicate when you expect to begin and complete the necessary work. d. Once the spillway work has been completed, a final report documenting the results should be submitted to Chuck Cranford; including pictures. 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 Quality 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 Chuck Cranford at(828)296- 4664. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office cc: John Hennessy-NPS Assistance and Compliance Oversight Unit Wayne Watkins -DLR ARO File Copy DWQ Central Files Matt Mason- Macon County S:\SWP\Macori\Complaints\Pitts\NOV-2010-SS-0009.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary' March 3, 2010 John&Mary Ellen Stamey 1807 Addington Bridge Rd Franklin,NC 28734 SUBJECT: NOTICE OF VIOLATION DWQ Tracking Number: NOV-2010-SS-0007 Stream Standard Violation- Other Waste (In-stream sediment) Macon County Response deadline: March 23,2010 Dear Mr. &Ms. Stamey On February 11,2010,Chuck Cranford from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection along Addington Bridge Road in Macon County. Messrs. Matt Mason(Macon County Erosion Control [MCEC]),Kim Hedden(MCEC) and Jeff Menzel (DWQ) were present. Stream standard violations were noted during the inspection. Sediment impacts to an unnamed tributary to Bates Branch(Class C waters)were documented. Approximately 750 feet of stream has been impacted by sediment discharged from your property. VIOLATIONS I. Stream Standard Violation'- Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f-Approximately 750 feet of an unnamed tributary to Bates Branch (Class C waters) was impacted by sediment deposition greater than three(3)inches throughout the stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 'rN�//� Internet: wvvw.ncwaterquality.org vatK` " An Equal Opportunity 1 Affirmative Action Employer . .. ....._..__ ... John&Mary Ellen Stamey March 3,2010 Page 2 of 3 REQUIRED RESPONSE This Office requests that you respond in writing by March 23, 2010. Your response should be sent to both the attention of Chuck Cranford, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response should address the following items: I. Stream Standard - Other Waste (In-Stream Sediment) a. Please submit a Sediment Removal Plan to this office for review and approval. The plan must address removal of the accumulated sediment from the unnamed tributary to Bates Branch from the downstream end of the culvert on your property down to the rock dam on the adjoining property (Greene). The plan must be submitted to the Division of Water Quality for review and approval prior to implementation. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with development of your plan and authorization necessary to achieve compliance. It is recommended that your consultant contact Chuck Cranford of the Asheville Regional Office for additional guidance during plan development. The plan should include the following: • A narrative explaining how sediment will be removed and how impacted jurisdictional waters will be restored. • 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. • A narrative explaining how sediment will be retained on the site and kept out of waterways, and how restoration activities will be conducted such that turbidity standards are not exceeded. b. Once the plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Chuck Cranford. Note: Other sediment removal work will be occurring in the unnamed tributary to Bates Branch up- and down-stream of your property. A combined effort may benefit all parties. It is suggested you contact your neighbors to coordinate restoration activities,particularly if employing the same consultant. .ien Stamey 0 3 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 Quality 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 Chuck Cranford at(828)296- 4664. Sincerely, L 4 Roger C. Edwards, Regional Supervisor Surface.Water Protection Asheville Regional Office cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Matt Mason- Macon County S:\S WP\Macon\Complaints\Stamey_BatesBranch\NOV-2010-SS-0007.3.1.10.doc FqCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 3, 2010 Vernon Greene 101 Pitts Rd Franklin,NC 28734 SUBJECT: NOTICE OF VIOLATION DWQ Tracking Number: NOV-2010-SS-0008 Stream Standard Violation- Other Waste(In-stream sediment) Failure to Secure a 401 Water Quality Certification(WQC) Macon County Response deadline: March 23, 2010 Dear Mr. Greene On February 11,2010,Chuck Cranford from the Asheville Regional Office of the Division of Water Quality (DWQ)conducted a site inspection along Addington Bridge Road in Macon County. Messrs. Matt Mason(Macon County Erosion Control [MCEC]),Kim Hedden(MCEC) and Jeff Menzel (DWQ) were present. Stream standard and 401 WQC violations were noted during the inspection and file review. Sediment impacts to an unnamed tributary to Bates Branch(Class C waters) were documented. Approximately 200 feet of stream has been impacted by sediment discharged from your property and riprap and concrete slabs have been placed within the stream channel along the banks for approximately 100 feet. VIOLATIONS I. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f-Approximately 200 feet of an unnamed tributary to Bates Branch (Class C waters) was impacted by sediment deposition greater than three (3)inches throughout the stream reach,representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One �+ 1 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarollna Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 Naturally Internet: www.ncwaterquality.org An Equal Opportunity\Affirmative Action Employer Vernon Greene March 3,2010 Page 2 of 4 II. 401 WQC Condition Violations-Approximately 100 feet of streambank on both sides of the channel have been hardened with riprap and concrete slabs. Also, a small rock dam has been constructed in the stream. Finally, it appears as though the stream channel may have been widened. These activities require permitting through the U.S. Army Corps of Engineers and must receive the corresponding General Water Quality Certifications from the DWQ. REQUIRED RESPONSE This Office requests that you respond in writing by March 23,2010. Your response should be sent to both the attention of Chuck Cranford, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response should address the following items: 1. Stream Standard - Other Waste (In-Stream Sediment) • Please submit a Sediment Removal Plan to this office for review and approval. The plan must address removal of the accumulated sediment from the unnamed tributary to Bates Branch from the rock dam on your property down to the culvert leading into the pond on the adjoining property(Pitts). The plan must be submitted to the Division of Water Quality for review and approval prior to implementation. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with development of your plan and authorization necessary to achieve compliance. It is recommended that your consultant contact Chuck Cranford of the Asheville Regional Office for additional guidance during plan development. The plan should include the following: • A narrative explaining how sediment will be removed and how impacted jurisdictional waters will be restored. • 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. • A narrative explaining how sediment will be retained on the site and kept out of waterways, and how restoration activities will be conducted such that turbidity standards are not exceeded. • Once the plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Chuck Cranford. Note: Other sediment removal work will be occurring in the unnamed tributary to Bates Branch upstream of your property. A combined effort may benefit all parties. It is suggested you contact your neighbors to coordinate restoration activities,particularly if employing the same consultant. II. 401 WQC 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 streambank hardening that has occurred and the rock dam that has been constructed. 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. 2. Restoration of the streambank and channel. a. Provide a streambank restoration plan that includes the removal of the riprap and concrete as well as the restoration of the buffer along the stream that has been hardened. Satisfactory streambank restoration requires planting in accordance:with the EEP Publication"Guidelines for Riparian Buffer Restoration". This document is available electronically at litlp•//w,,vw.neeep.net/news/reports/bLiffers.pdf. b. The rock dam within the channel must be removed. If pursuing Option 1: a. Contact the United States 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 401 WQC submitted to DWQ. If pursuing Option 2: a. Please submit a Streambank Restoration Plan to this office for review and approval. The plan must address removal of the riprap and concrete slabs and rock dam from the unnamed tributary to Bates Branch as described above in Option 2. The plan must be submitted to the Division of Water Quality for review and approval. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with development of your plan and authorization necessary to achieve compliance. It is recommended that your consultant contact Chuck Cranford of the Asheville Regional Office for additional guidance during plan development. The plan should include the following: b. A narrative explaining how the restoration activities will be conducted. i Vernon Greene March 3,2010 Page 4 of 4 c. A diagram of the stream channel; including, details of the buffer restoration planting in order to meet the guidelines noted above. Photo documentation of before and after conditions must be provided. d. A proposed schedule with dates that indicate when you expect to begin and complete the restoration work. e. Once the plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Chuck Cranford. 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 Quality 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 Chuck Cranford at(828) 296- 4664. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office cc: John Hennessy—NPS Assistance and Compliance Oversight Unit USACE ARO File Copy DWQ Central Files Matt Mason-Macon County S:\S WP\Macon\Complaints\Greene\NOV-2010-SS-0008.3.2.10.doc IA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 4, 2010 Mr. Jon H. Laughter, PE Laughter, Austin, and Associates, P.A. 131 Fourth Avenue East Hendersonville, North Carolina 28792 Subject: Fast-Track Application Return Brevard Music Center Sewer Project City of Brevard Transylvania County Dear Mr. Laughter: Attached herewith is the Fast-Track Sewer Application which you submitted seeking permission to replace an existing sewer to serve the Brevard Music Center Sewer project. The application is being returned for the following reason(s): -' (1) Only the Application was received by this office. The original application plus a completed COPY is required for processing. (2) The application form used is dated for year 2000. The NEW form can be downloaded from DWQ's web site at http://Portal.ncdenr.org/web/wq/sw /ps/cs/permit. The new form is dated 2007 and includes the instructions for submittal. (3) The New application process for Sewer Line extension permitting requires a COLOR map of the proposed project for both the application and the copy. Only a Black and White copy was received. look forward to receiving a completed application. Should you have questions or need additional information, please contact me at 828/296-4500. Sincerely, Donald R. Price, CET WWTP Consultant Cc: Joe M. Moore, II, P.E., Brevard City Manager S\SWP\Transvlvania\Collection Systems\Brevard Collection System\Application Return Brevard Music Center Replacement proiect.doc SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarolina Phone:828-296-450M FAX:828-299-7043\Customer Service:1-877-623-6748 Internet: www.ncwaterqual!V.org An Equal Opportunity\Affirmative Action Employer r NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 4, 2010 Shane D. Osteen 429 Island Creek Rd Lake Lure,NC 28746 SUBJECT: NOTICE OF VIOLATION NOV-2010-SS-0011 Stream Standard Violation- Other Waste (In-stream sediment) Rutherford County Response deadline: March 23, 2010 Dear Mr. Osteen: On February 9, 2010, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection along Island Creek Road in Rutherford County. Stream standard violations were noted during the inspection. Sediment impacts to Island Creek (Class C waters) were documented—measuring in excess of three (3) inches. A road on your property is eroding and discharging sediment to the stream at a culvert crossing. VIOLATIONS I. Stream Standard Violation- Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f—An indeterminate length of Island Creek(Class C waters)was impacted by sediment deposition greater than three (3) inches,representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f). REQUIRED RESPONSE This Office requests that you respond in writing by March 23, 2010. Your response should be sent to both the attention of Mr. Chuck Cranford, Division of Water Quality,2090 US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center,Raleigh,NC 27699-1617. Your response should address the following items: SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarohna Phone:828-2964500\FAX:828-299-7043\Customer Service:1-877-623-6748 NaturallyInternet: www.ncwaterquality.org An Equal Opportunity\Affirmative Action Employer Shane D.Osteen March 4,2010 Page 2 of 2 I. Stream Standard - Other Waste (In-Stream Sediment) a. Please explain the steps you will take to prevent further sediment loss to Island Creek. b. Provide a schedule with dates indicating when you expect to complete activities to prevent further sediment loss. c. Once the work is complete, deliver pictures showing the repairs to Chuck Cranford. Please note: Currently,the sediment damage to Island Creek is considered minimal. However, if erosion is allowed to continue and sediment continues to discharge to the creek,the DWQ will be forced to take further actions, including the requirement for you to undertake stream restoration work. Thank you for your attention to this matter. Should you have any questions regarding these matters,please contact Chuck Cranford at(828) 296-4664. Sincerely, Roger C. Edwards,Regional Supervisor Surface Water Protection Asheville Regional Office cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Darlene Kucken- Division of Land Resources S:\S WP\Rutherford\Complaints\Osteen\NOV-2010-S S-0011.3.310.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 4, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8274 John W. Repasky 5565 Pageland Hwy Lancaster, SC 29720 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2010-OP-0011 Stream Standard Violation- Other Waste (In-stream sediment) Failure to Secure a 401 Water Quality Certification(WQC) Rutherford County Response deadline: March 22, 2010 Dear Mr. Repasky: On February 9,2010, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality(DWQ) conducted a site inspection along Island Creek Road in Rutherford County. Stream standard and 401 certification violations were noted during the inspection and file review. Sediment and unpermitted fill (culvert) impacts to Island Creek(Class C waters) were documented. Approximately 900 feet of stream has been impacted by sediment and an approximate 20-foot culvert has been installed in the stream. Land disturbance along the stream, installation of the culvert and eroding roads have contributed sediment. VIOLATIONS I. Stream Standard Violation- Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f-Approximately 900 feet of Island Creek (Class C waters) was impacted by sediment deposition upwards of 18 inches throughout the stream reach,representing Water Quality l; Stream Standard violation of 15A NCAC 02B .0211 (3) (f). SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarolina Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 �� '`L/y��//� Internet: www.ncwaterquality.org 6 I` An Equal Opportunity 1 Affirmative Action Employer John W.Repasky March 4,2010 Page 2 of 4 I1. Failure to Secure a 401 Water Quality Certification Violation 15A NCAC .0500—An approximate 20-foot culvert has been installed in the stream. This activity requires permitting through the U.S. Army Corps of Engineers and must receive the corresponding Water Quality Certification from the DWQ. This Office requests that you respond in writing by March 22,2010. Your response should be sent to both the attention of Mr. Chuck Cranford, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response should address the following items: 1. Stream Standard - Other Waste (In-Stream Sediment) • Please submit a Sediment Removal Plan to this office for review and approval. The plan must address removal of the accumulated sediment from Island Creek from the upstream end of an existing culvert located in the southern portion of your property throughout the stream reach beyond the newly installed culvert (approximately 900 feet total). The plan must be submitted to the Division of Water Quality for review and approval prior to implementation. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with development of your plan and authorization necessary to achieve compliance. It is recommended that your consultant contact Chuck Cranford of the Asheville Regional Office for additional guidance during plan development. The plan should include the following: %- ■ A narrative explaining how sediment will be removed and how impacted jurisdictional waters will be restored. ■ 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. ■ A narrative explaining how sediment will be retained on the site and kept out of waterways, and how restoration activities will be conducted such that turbidity standards are not exceeded. Once the plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Chuck Cranford. II. Failure to Secure a 401 Water Quality Certification 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 culvert installation that has occurred. 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. It appears the culvert is not properly installed and if permitted will likely require re- installation. 2. Restoration of the streambank and channel. a. Provide a stream restoration plan that includes the removal of the culvert,restoration of the stream channel as well as the restoration of the streambank and buffer along the stream that has been graded. Satisfactory streambank restoration requires planting in accordance with the EEP Publication"Guidelines for Riparian Buffer Restoration". This document is available electronically at http://Nvww.nceep.net/news/repoits/buffers.pdf. If pursuing Option 1: a. Contact the United States 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 DWQ. If pursuing Option 2: a. Please submit a Stream Restoration Plan to this office for review and approval. The plan must address removal of the culvert,restoration of the stream channel as well as the restoration of the streambank and buffer along the stream as described above in Option 2. The plan must be submitted to the Division of Water Quality for review and approval. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with development of your plan and authorization necessary to achieve compliance. It is recommended that your consultant contact Chuck Cranford of the Asheville Regional Office for additional guidance during plan development. The plan should include the following: b. A narrative explaining how the restoration activities will be conducted. c. A diagram of the stream channel; including, details of the stream channel restoration and buffer planting in order to meet the guidelines noted above. Photo documentation of before and after conditions must be provided. d. A proposed schedule with dates that indicate when you expect to begin and complete the restoration work. .._._. ... ...... . ... ... _. ._. _ _ John W.Repasky March 4,2010 Page 4 of 4 e. Once the plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Chuck Cranford. 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 Quality 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 Chuck Cranford at(828) 296- 4664.- Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office cc: John Hennessy—NPS Assistance and Compliance Oversight Unit USACE Asheville ARO File Copy DWQ Central Files Darlene Kucken -DLR S:\S WP\Rutherford\Complaints\Repasky\NOV-2010-OP-0011.3.3.I0.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 5, 2010 Lee Slusher Milliken and Company PO Box 1926, M482 Spartanburg, SC 29303 SUBJECT: NPDES Stormwater Permit Compliance Inspection Milliken Co-Hatch Plant Permit No: NCG170068 Polk County Dear Mr. Slusher: A NPDES Stormwater Permit Compliance Inspection was conducted on February 11, 2010 at the Milliken and Company-Hatch Plant in Polk County NC. Present during the inspection was Adam Davis. A Division of Water Quality (DWQ) file review indicates this to be the first inspection of % the Milliken facility in Polk County. The facility was found to be in compliance with permit NCG170068, however, the following observations and recommendations need to be addressed by the facility. Stormwater DischarVe Outfalls Qualitative Monitoring at Stormwater Discharge Outfalls (SDO) is a permit requirement that is a useful tool for industries to visually evaluate if impacts to the environment are occurring from their facility. Two discharge characteristics: oil sheen and erosion at outfall, should have been noted at the Milliken facility SDOs. Four SDOs were observed during the inspection. SDO 41 and#2 have minor erosion occurring at their outfalls. The placement of some filter cloth and riprap should help to avoid further erosion by dissipating the energy from the stormwater flows. SDO #3 has significant erosion at the outfall. The prolonged erosion has created a deep gully in the ephemeral channel (ditch) to the receiving stream. This eroded channel needs to be repaired to a stable channel. SDO#4 had petroleum product solidified in a bermed basin area as well as product evident on standing water. This contaminated bermed area needs to be remediated. The source of this product also needs to be identified and ceased. Stream Impacts In the west stream adjacent to the Milliken facility an old dam has breached causing streambank erosion. The remnants of the dam need to be removed from the channel and the streambanks need restoration and stabilization. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 NOrthCarollna Internet;www.ncwaterquality.org ;Vgturallif An Equal Opportunity 1 Affirmative Action Employer Page Two Milliken NCG170068 March 5,2010 Response Please submit the proposed remediation plans for the items noted above to Division of Water Quality-Linda Wiggs, 2090 US HWY 70, Swannanoa NC 28778 within 45 days. Enclosed is a copy of the Compliance Inspection Report, which contains additional observations and comments for your reference. Please contact me at (828) 296-4653 or linda.wiggs@ncdenr.gov, if I can be of any further assistance. Sincerely, Linda Wiggs Environmental Specialist Surface Water Protection Enclosure cc: Central Files Asheville Files Milliken Company-Adam Davis PO Box 637, HWY 108 Columbus NC 28722 S:\SWP\Polk\Stormwater\NCG17 Textiles\Milliken-NCG 170068\CEI.Milliken.Feb20 I O.doc Compliance Inspection Report Permit: NCG170068 Effective: 08/01/09 Expiration: 07/31/14 Owner: Milliken and Co SOC: Effective: Expiration: Facility: Milliken and Co-Hatch Plant County: Polk 960 E NC Hwy 108 Region: Asheville Columbus NC 28722 Contact Person: Adam Davis Title: Phone:828-894-7249 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 02/11/2010 Entry Time: 02:15 PM Exit Time: 04:45 PM Primary Inspector: Linda S Wiggs Phone:828-296-4500 Ext.4653 Secondary lnspector(s): Reason for Inspection: Routine Inspection Type:Compliance Evaluation Permit Inspection Type: Textile Mill Products Stormwater Discharge COC Facility Status: ■ Compliant ❑ Not Compliant Question Areas: ®Storm Water (See attachment summary) Page: 1 Permit:NCG170068 Owner-Facility: Milliken and Co Inspection Date: 02/11/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine Inspection Summary: No other inspections were found in database or files,this appears to be the first inspection of facility. Met with Adam Davis to conduct inspection. No vehicle maintenance is performed at facility, no analytical monitoring is required. Documents are in good order, currently Mr. Davis is updating documents. Qualitative monitoring is performed, however needs improvement. Qualitative monitoring is a useful tool to indicate problems occurring onsite; at the facility, at the outfall, and/or at the transitional area of land between outfall and waterbody(ie.usually a ditchline/ephemeral channel). This facility's qualitative monitoring should have indicated"oil sheen"at outfall#4 and"erosion at outfall"for outfalls#1,#2,#3. Outfall#1 &#2 does have minor erosion at outfall and needs rocks placed at outfall to disperse energy and avoid further erosion. Outfall#3 releases to a significant erosion gully. This outfall's ditchline needs to be fixed. The ditchline between the outfall and creek has become a deep gully that will continue to get worse and is likely sending a sediment load to receiving stream. The gully needs to be repaired, properly armored and repaired with clean fill, to create a suitable/stable ditchline. Outfall#4 appears to be the outfall location of some piping from the above ground storage tanks containment area, qualitative monitoring should have noted oil sheen here. The above ground storage tanks are no longer in use, but stored#6 fuel. There is still minimal amounts of#6 remaining in tanks. The tanks are housed in a secondary containment area that has a gravel bottom which could be a concern if there is a discrete under drain system. To the S/SW of the#6 fuel tank storage area (outfall#4) is a bermed/basin area that had solidified#6 fuel in it and petroleum residue evident on standing water.The berm/basin has what appeared to be an outlet pipe that could release the product to the wooded area and flow to the nearby creek. Fortunately, there was no recent evidence of any fuel beyond the berm/basin by overland flows to the creek. The source of the solidified and residual petroleum product in the berm/basin area needs to be identified and remediated. A feasibility study (remediation plan)needs to be evaluated at the facility to remediate the petroleum product currently in the berm/basin and to avoid future releases. Milliken shall report to DWQ their plans to remediate this situation. The Milliken facility use to pipe water from the nearby creek(west of building)to their reservoir.A dam was associated with this piping system.The dam has breached and facility is no longer piping water to reservoir. The dam failure location is causing instream impacts, primarily to the streambanks. The remnants of the dam that remain in the stream channel need to be removed. This area of the stream needs to be restored; the facilities old dam has caused sediment loads to the stream as well as damage to the channel and streambanks. Since Milliken/(Pacolet Land Co) owns most of this watershed and other adjacent watersheds, this site lends itself as being a potentially good site for EEP mitigation funds if any become available. Page: 2 Permit:NCG170068 Owner-Facility: Milliken and Co Inspection Date: 02/11/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ n n n #Does the Plan include a General Location(USGS)map? ■ n n n #Does the Plan include a"Narrative Description of Practices'? n n n #Does the Plan include a detailed site map including outfall locations and drainage areas? ■ n n n #Does the plan include a list of significant spills occurring during the past 3 years? n n ■ n #Has the facility evaluated feasible alternatives to current practices? ❑ ❑ ■ ❑ #Does the facility provide all necessary secondary containment? ■ n ❑ ❑ #Does the Plan include a BMP summary? ■ ❑ n n #Does the Plan include a Spill Prevention and Response Plan(SPRP)? ■ #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ ❑ n n #Does the facility provide and document Employee Training? ■ ❑ n ❑ #Does the Plan include a list of Responsible Party(s)? ® n n n #Is the Plan reviewed and updated annually? ® ❑ ❑ n #Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ n Has the Stormwater Pollution Prevention Plan been implemented? ■ Comment: No significant spills in last 3 years. Feasibility not previously needed. However, a feasibility study or remediation plan of action needs to be undertaken by facility in relation to the storage tanks and product at SDO#4. Storage tanks use to hold #6 fuel but are no longer In use. Secondary containment (concrete wall) is sufficient however the bottom is gravel and appears to have discharge drains to outfall#4. See summary. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ n ❑ Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? n 0 ■ #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? n n ■ n Comment: Permit and Outfalls Yes No NA NE #Is a copy of the Permit and the Certificate of Coverage available at the site? ■ 0 n n #Were all outfalls observed during the inspection? ■ ❑ n n Page: 3 Permit:NCG170068 Owner-Facility: Milliken and Co Inspection Date: 02/11/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine #If the facility has representative outfall status, is it properly documented by the Division? El 0 ■ #Has the facility evaluated all illicit(non stormwater)discharges? ■ ❑ Q I] Comment: Page: 4 RCMENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 5, 2010 Mr. J. B. Setzer, P.E. Division 14 Engineer N.C. Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection-NCSR 1102 Pearson Falls Road DWQ Project 08-1020 TIP No. B-4239 Polk County Dear Mr. Setzer: On March 4, 2010, 1 inspected the construction work at the new bridge site on NCSR 1102, Pearson Falls Road in Polk County. Construction work has been slowed due to weather but the bridge deck has been poured. The erosion and sedimentation control structures,vegetative covering, and matting appear to be working properly. J Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached to this letter. If you have questions, please call me at 828-296-4500. Sincerely, ;e' 642L_ Michael R. Parker Environmental Senior Specialist Attachment cc: Aaron Powell Mark Davis, Division 14, DEO Ed Ingle, Roadside Environmental Transportation Permitting Unit Niki Maher,NPS Assistance and Compliance Oversight Unit Mike Parker, Asheville Regional Office (Setzer)NCSR 1102 Inspection Letter March 2010 SURFACE WATER PROTECTION SECTION—Asheville Regional Office --' 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 One Customer Service:1-877-623-6748 NofthCarollna Internet:www.ncwaterquality.00 Vatitrally An Equal OPPortunity 1 Affirmative Action Employer DWQ Site Visits for DOT Projects Field Sheet DWQ representative: Michael R. Parker Date: March 4,2010 County: Polk ^1 Region: Asheville= DOT Division: Division 14 � Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #: 08-1020 1 NW Permit#: IP#: Project Name: SR 1102 Pearson Falls Road B-4239 NC Location of Project: From NC 176 in Saluda travel south on NCSR 1102,Pearson Falls Road,approximately I mile to the new bridge site Project Complete: ❑Yes X No If no, estimated date of completion: Activities(DOT): Water Quality Concerns(DWQ): X❑ Bridge ❑ Steam Standards Violation X❑ Culvert X❑ Turbidity ❑ Bottomless Culvert ❑ Evidence of spills ❑ Bottomless Arch ❑ Oil/Petroleum X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste ❑ Spoil Pile ❑ Failed E& S control measures ❑ Borrow Pit X❑ Sedimentation Impacts ❑ Wetland Mitigation ❑ Stormwater Permit Violation ❑ Stream Restoration X❑ Fill ❑ On-site Stream Relocation ❑ Buffer Impacts(see below). ❑ Buffer Restoration ❑Other ❑ Bank Stabilization ❑ Other Additional Wetland Impacts: ❑yes X❑no Estimated Acres ❑ Zone 1 Est Acres ❑ Zone 2 Est Acres Additional Stream Impacts: ❑ yes X❑ no Est Linear feet Estimated linear feet of impact: Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impactlft/ ac Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited DWO Site Visits for DOT Proiects Background Info Name of Waterway(s): North Pacolet River Basin/Subbasin: Broad 030501 Wetland Type: []Isolated ❑Non-Isolated (Waters of US) Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB X❑Class C ❑ORW X❑Trout ❑WS-III ❑NSW ❑HQW ❑WS-I ❑WS-IV ❑SA FICA Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert X❑Bridge ❑Bottomless Arch X❑Riprap Inlet/Outlet Stabilization X❑Fill Authorized Wetland Impacts: ❑0- 1/10`hacre ❑1/11"'tol/3`dacre ❑1/3`d to 1.0 acre ❑> 1.0 acre Authorized Stream Impacts: X❑< 150 linear feet ❑> 150 linear feet Additional comments: Reviewed project with DOT staff. Bridge deck has been poured. Work remaining consists of piping,approach slabs, side walls,paving and old bridge demolition. Estimate that project should be completed by end of April 2010. Maintain erosion control devices and continue with seeding and matting as required to protect State surface waters. B-4239 NCSR 1102 March 2010 / o♦ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 5, 2010 Macon County DWQ Project 20100109 TIP No.13-4574 NCSR 1551 (Mirror Lake Road) Approval of 401 Water Quality Certification with Additional Conditions Dr. Gregory J. Thorpe, Ph.D. Environmental Management Director, PDEA North Carolina Department of Transportation Project Development and Environmental Analysis 1598 Mail Service Center Raleigh,North Carolina, 28699-1548 Dear Dr.Thorpe: Ju have our approval, in accordance with the conditions listed below,for the following impacts in the Cullasaja River (Mirror Lake),for the purpose of replacing the existing Bridge No. 58, over the Cullasaja River(Mirror Lake), on NCSR 1551 (Mirror Lake Road) in Macon County: Open Water Impacts in the Little Tennessee River Basin Site Permanent Fill in Temporary Fill in Total Fill in Open Waters Open Waters (ac) Open Waters (ac) (ac) Site 1 (Causeway) 0.000 0.11 0.110 Site 2 (Rock Embankment) 0.012 0.00 0.012 Site 3 (Rock Embankment) 0.003 0.00 0.003 Total 0.020 0.11 0.130 Total Permanent Open Water Impact for Project: 0.020 acres. Total Temporary Open Water Impacts for Project: 0.11 acres. The project should be constructed in accordance with your application dated February 3, 2010 (received February 9, 2010), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Nos. 3689 and 3688,corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 13 and 33. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. RFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One ation:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOl thCa101111a r'hone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 yr //� Internet: www.ncwaterqual4.org ��tuL�il An Equal Opportunity 1 Affirmative Action Employer Dr. Greg Thorpe, PhD. March 5, 2010 Page Two This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h)(6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s) of Certification: 1. There shall be no excavation from or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. The permittee shall use/Design Standards in Sensitive Watersheds/[15A NCAC 413.0124 (a)-(e)] in areas draining to trout waters. However, due to the size of the project,NCDOT shall not be required to meet 15A NCAC 413.0124(a) regarding the maximum amount of uncovered acres. Temporary cover(wheat, millet,or similar annual grain)or permanent herbaceous cover should be planted on all bare soil within 15 business days of ground disturbing activities, to provide erosion control. Coir fiber matting should be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas, and should be secured in place with staples and wherever possible, include live stakes of native trees. Straw mulch and tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian zones. Coir fiber matting shall be used in conjunction with appropriate seeding for the establishment of permanent herbaceous cover on disturbed soils within the riparian area. Hydro seeding along with wood or cellulose based hydro mulch applied from a fertilizer and limestone free tank is allowable at the appropriate rate for the establishment of temporary groundcover within riparian zones. Discharging hydroseed mixtures and wood or Straw mulch and tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian zones. Coir fiber matting shall be used in conjunction with appropriate seeding for the establishment of permanent _- .,rpe, PhD. 2-010 nree herbaceous cover on disturbed soils within the riparian area. Hydro seeding along with wood or cellulose based hydro mulch applied from a fertilizer and limestone free tank is allowable at the appropriate rate for the establishment of temporary groundcover within riparian zones. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters is prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. 5. NCDOT will need to adhere to all appropriate in-water moratoria prescribed by the NC Wildlife Resources Commission. 6. For projects impacting waters classified by the NC Environmental Management Commission as Trout(Tr), High Quality Waters (HQW), or Water Supply I or I1(WS-I or WS-II)stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pretreating stormwater runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. 7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams and other diversion structures, shall be used to prevent excavation in flowing water. 8. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted area shall be revegetated with appropriate native species. 9. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 10. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This water shall be captured,treated and disposed of properly. 11. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction methods. More specifically,jetting or other methods of pile driving are prohibited without prior written approval from NCDWQ first. -12. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in this certification. 13. All bridge construction shall be performed form the existing bridge,temporary work bridges,temporary causeways or floating or sunken barges. If work conditions require barges, they shall be floated into position and then sunk. The barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the bottom of the surface water. 14. Bridge deck drains should not discharge directly into the streams. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the most current version of Stormwater Best Management Practices. 15. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 16. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 17. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 18. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 19. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels,lubricants, hydraulic fluids, or other toxic materials. 20. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 21. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 22. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. Dr. Greg Thorpe, PhD. March 5, 2010 Page Four 23. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 24. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 25. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 26. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 27. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly.visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 28. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 29. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 30. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 31. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This 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,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. .,rpe, PhD. /-010 ive This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, W Coleen H. Sullins, Director r Division of Water Quality cc: David Baker, USACE, Asheville Field Office J. B. Setzer, Division 14 Engineer Mark Davis, Division 14 DEO Ed Ingle, Roadside Environmental Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 100109(Thorpe)Bridge No.58 NCSR 1551 i LT Xn VA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 5, 2010 Mr. Marty Eynon MPE Enterprises, Inc. PO Box 413 Cashiers, NC 28717 Subject: Stormwater Permit No. SW 1091001 Chattooga Walk Subdivision High Density Subdivision Infiltration Basin System Jackson County Dear Mr. Eynon: ,;ne Stormwater Permitting Unit received a complete Stormwater Management Permit Application for Chattooga Walk Subdivision- Stormwater Infiltration Basin system on February 11, 2010 (upon receipt of final additional information). Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000 and Session Law 2006-246. The Division of Water Quality is forwarding Permit No. SW1091001, dated March 5, 2010, for the construction, operation and maintenance of the subject project and the stormwater BMPs. This permit shall be effective from the date of issuance until March 5, 2020, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for inspection and maintenance of the stormwater management system will result in future compliance problems. 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 thirty (30) days following receipt of this permit. This 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, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding: Location:2090 U,S.Highway 70,Swannanaa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299.70431 Customer Service:1-877-623-674$ NorthCarolina Internet:www.ncwaterquality.org ;Vah vlly An Equal Opportunity 1 Affirmative Action Employer Mr.Eynon March 5,2010 Page 2 of 2 This project will be kept on file at the Asheville Regional Office. If you have any questions, or need additional information concerning this matter,please contact Susan A. Wilson at(919) 296-4500; or susan.a.wilson@ncdenr.gov. Sincerely, for Coleen H. Sullins Enclosure: SW1091001/Plans/Application/O&M Agreement/Deed Restriction cc: Asheville Regional Office Central Files Stormwater Permitting Unit Files (w/S W 1091001) Terry Allen, P.E. (w/S W 1091001) P.O. Box 103 Rosman, NC 28772 State Stormwater Permit Permit No. SW1091001 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION DEVELOPMENT 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 MPE Enterprises, Inc. Chattooga Walk Cashiers Lake Road, Cashiers, Jackson County FOR THE construction, operation and maintenance of one Infiltration basin incompliance with the provisions of Session Law 2006-246 and 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until March 5, 2020 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 of this permit. The subdivision is permitted for 16 lots, each allowed a maximum of 3900 square feet of built-upon area. Total built-upon area for the subdivision is 1.9 acres (house + drive and roadways). 3. The runoff from all built-upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. 4. This infiltration basin must be operated with a 100 linear foot level spreader (as indicated on Sheet EC-2 of Plans). 5. The built-upon areas associated with this project shall be located at least 30 feet landward of all perennial and intermittent surface waters. Page 1 of 6 ...........__... State Stormwater Permit Permit No. SW1091001 6. The following design elements have been permitted for this stormwater facility (as documented in Sheets EC-2, 2a, and 3 of the Plan) and must be provided in the system at all times. a. Drainage Area, acres: 9.64 Onsite, ft2: 9.64 b. Total Impervious Surfaces, ft2: 82,764 [1.9 acres] Lot BUA, ft2: 3900 (house + drive) [1.45 acre for 16 lots] Roads, ft2: 19,620 [0.45 acre] c. Design Storm, inches: 1.0 d. TSS removal efficiency: 85% e. Basin Design Depth: 8 feet f. Bottom Elevation, FMSL: 3444 9. Bottom Surface Area, ft2: 100 (50 x 20) h. Bypass Weir Elevation, fmsl:3450 i. Permitted Storage Volume, ft3: 8750 j. Predevelopment 1 year 24 hour: 0.60 cfs k. Post development 1 year 24 hour: 0.80 cfs I. Type of Soil Loamy sand m. Expected Infiltration Rate, in/hr : 2.311 [conservative rate used] n. Seasonal High Water Table, fmsl: 3438.7 o. Time to Draw Down, hrs: 60 [2.5 days] — conservative rate used _ p. Receiving Stream / River Basin: Chattooga River/ Savannah ' q. Stream Index Number: 3 r. Classification of Water Body: B, Tr, ORW II. SCHEDULE OF COMPLIANCE 1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built-upon area for the entire lot does not exceed the maximum allowed by this permit. Once the lot transfer is complete, the built-upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built-upon area limit is transferred to the individual property owner. 3. If an Architectural Review Board or Committee is set up by the permittee to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built-upon area. Any approvals given by the Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. 4. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the r Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised .plans and certification in writing to the Director that the changes have been made. Page 2 of 6 State Stormwater Permit Permit No. SW1091001 5. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built-upon surface. 6. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but'not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area. e. Further subdivision, acquisition, or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought.' f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 7. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of completion of construction. 8. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 9. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 10. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 11. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 12. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 13. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. c. Mowing and re-vegetation of side slopes. Page 3 of 6 State Stormwater Permit Permit No. SW1091001 (II. 13. cont'd.) d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans. f. Debris removal and unclogging of bypass structure, catch basins, piping, infiltration media, level spreader and filter strip. g. Access to all components of the system must be available at all times. 14. Records of maintenance activities must be kept for each permitted BMP. The records will indicate the date, activity, name of person performing the work and what actions were taken. 15. The permittee shall submit to the Division of Water Quality an annual summary report of the maintenance and inspection records for each BMP. The report shall summarize the inspection dates, results of the inspections, and the maintenance work performed at each inspection. 16. This permit shall become void unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 17. The permittee shall submit for approval, final site layout and grading plans for any designated future development area shown on the approved plans, prior to construction. 18. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW1091001, as issued by the Division of Water Qualityunder the stormwater rules. ules. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built-upon area per lot is 3900 square feet. This allotted amount includes any built-upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. All runoff on the lot must drain into the permitted system. This may be accomplished via roof drain gutters, which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing ahem into the pond or street. Lots that will naturally drain into the system are not required to provide these additional measures. h. Built-upon area in excess of the permitted amount will require a permit modification. i. If permeable pavement credit is desired, the property owner must submit a request, with supporting documentation, to the permittee and receive approval prior to construction of the permeable pavement. Page 4 of 6 State Stormwater Permit Permit No. SW1091001 19. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 20. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 21. If permeable pavement credit is desired, the permittee must submit a request to modify the permit to incorporate such language as required by the Division of Water Quality. The request to modify must include a soils report identifying the type of soil, the Seasonal High Water Table elevation and the infiltration rate. Upon the successful completion of a permit modification, the individual lot owners that request to utilize permeable pavements must submit the necessary forms and documentation to the permittee and receive approval prior to construction of the permeable pavement. 111. GENERAL CONDITIONS 1. This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a completed Name/Ownership Change Form must be submitted to the Division of Water Quality, signed by the parties involved, accompanied by supporting documentation as listed on page 2 of the form. The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal), which have jurisdiction. 5. In the event that the 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 stormwater management systems. 6. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 7. The permit issued shall continue in force and effect until revoked or terminated. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re-issuance or termination does not stay any permit condition. Page 5 of 6 State Stormwater Permit Permit No. SW1091001 8. Unless specified elsewhere, permanent seeding requirements for the stormwater controls must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 10. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules and regulations contained in Session Law 2006- 246, Title 15A NCAC 2H.1000, and NCGS 143-215.1 et.al. 11. The permittee shall notify the Division in writing of any name, ownership or mailing address changes at least 30 days prior to making such changes. 12. The permittee shall submit a renewal request with all required forms and documentation at least 180 days prior to the expiration date of this permit. Permit issued this the 5th day of March, 2010. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION foN ole n H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Page 6 of 6 State Stormwater Permit Permit No. SW1091001 DWQ Stormwater Permit No. SW1091001 Jackson County Chattooga Walk Designer's Certification I, as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is a part of this Certification. Noted deviations from approved plans and specifications: SEAL Signature Registration Number Date Mail to: DWQ/ARO [Ref. SW10910011 2090 US Highway 70 Swannanoa, NC 28778 Page T of 2 State Stormwater Permit Permit No. SW1091001 DWQ Stormwater Permit No. SW1091001 Chattooga Walk Jackson County Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built-upon area. 3. All the built-upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. cc: Jackson County Planning/ Building Inspections Page 2 of 2 North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary March 5, 2010 Mr. Belvin Hall Buncombe County Board of Education 167 Craven Street Asheville, NC 28806 SUBJECT: Bioassay Compliance Inspection North Buncombe High School Permit No: NCO061182 Buncombe County Dear Mr. Hall: Enclosed please find a copy of the Bioassay Compliance Inspection conducted on January 26, 2010. The facility was found to be in Compliance with permit NC0061182. .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 . Sincerel*zel Jeff Me Environmental Specialist Enclosure cc: Bob Barr/ORC Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa, NC 28778 NorthCaroll/ina Phone: (828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 Xtura`ly Internet:www.ncwaterguality.org \WR0129FS001\Divisions\SWP\Buncombe\WastewaterlMinors\North Bunc High Sch 1' J N a = E # a rnN .Q a 0Laci� oU22X `o CC-r- 0 N m N f6 uj N ��ocN E 6 U Z tr- a) (� U pL O 10 mavcN 3 0 ° � N MC47 j N in Y E v m o comvm a� V] 6-2N o C L .NO E Z L N N L o L E u EE�°'E 0o E N NO E 'o �o N 0L-0�F N C C O o o Eoa� n t o u WJ cc E U m d U N O E � c_ V N N c x No _`N O C d �C_Ecq- c00 IIm o O� nT� 0� ON V)o .Un n� R.. V O N -T O w O O = > C E N�E�Ni m. ate.umo > > aZ L.1)4 Z N 7 C L 0 omoam3 C 2 acn� ca OU� 3 _ 30 W ° KO..-'O.00 W. >0 C NdU II.O_2 m OOI� «p� mmmo ��'�(Ew2p-2EEE Q'GEE h3 C C —>N E.rddl0 w o N(D N ac oou)2 m c E ECOWU) 6� o 7 N jp ON---N )'O o" c�'ow€ F-TUwO°FENcnccc (p vm N L O N 41 N C C N ``U U U L U N= LUy N a),R NNNOON NNN NOU) L� I-I-F-UUF-F-a-i7 u)U)v) Ou.ml- t- w I W o o E w u0¢ E � z c in w W t0 > E O U O v a 7- 0 z fl ¢ O o u w o o U U O U O w 0 c E 3 0 ' G U N tt m - - _ a t f6 _ E v E v 3 - o rn _ z' 115 o c Q z _ '� n c _ U Q w m E a LL w z o N 9 S U O o 3 z = E u o ® Z E nz o o u E a E N a n _ o hl CL ry v E ° r o y f0 s E LLJ 10 z I E m > E — _ . . v Q. O n z m p - � v v - m j � a � o � m w ° a � 2 y y O F y J � N Q � � In m 2 O S CL u m v x � 3 3 y x y ❑ I� - ❑ ❑ ❑ IO ❑ ❑ O ❑ ❑ I> ❑ ❑ D tin NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H,Sullins Dee Freeman Governor Director Secretary March 8, 2010 Guy Pearce North Carolina Ecosystem Enhancement Program 1652 Mail Service Center Raleigh,North Carolina 27699-1652 Subject: Request for More Information 401 Water Quality Certification Elk Branch Stream Restoration Project DWQ Project#2010-0078 Mitchell County Response deadline: April 5,2010 Dear Mr. Pearce: ne Division of Water Quality (DWQ) has performed a preliminary review of a 401 Water Quality Certification application submitted for the above referenced property. Additional information will be required in order to complete the review process. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Application Item C. 3a provides that you intend to perform Priority 1 Restoration on 2,890 linear feet of stream channel. The enclosed Ecosystem Enhancement Program Restoration Plan Review for the Elk Branch Stream Restoration Plan letter which provides a review of a "Restoration plan for the Logan Creek Stream Restoration Site." Additionally,this letter concurs with 2,811 linear feet of restoration. You must clarify in the application the amount of stream restoration that will be performed,how much mitigation credit is being sought, and on what stream mitigation credit will be awarded. 2. Application Item C. 3a provides that you intend to perform Priority 1 Restoration on 2,890 linear feet of stream channel. Priority 1 restoration is defined as providing a new pattern, dimension, and profile by the Stream Mitigation Guidelines. Your submitted plans show that profile will be altered via the installation of step pools. You have not provided for pattern nor dimensional channel changes. Please modify your request in accordance with the Stream Mitigation Guidelines to reflect the type of work proposed. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299.7043\Customer Service:1-877-623-6748 North Carolina Internet:www ncwaterquality.org NaturaClff An Equal Opportunity,Affirmative Action Employer Guy Pearce March 8,2010 Page 2 of 3 3. The submitted plan provides for a series of wooden step pools throughout the valley. As particle size is relatively small, and discharge velocity would not move large particles, when the log structures degrade and collapse, there will not be significant particles in the system to hold the step pools together. Without further information, assumptions of long term stability from the plan review cannot be made. You must submit reasoning/plans for this eventuality as part of your narrative. 4. The receiving streams are classified as C, Trout. Your plan does not discuss working outside the trout moratorium. You must submit how the trout moratorium will be complied with as part of your narrative. 5. The submitted plans do not meet the PCN instructions required 1:50 scale, full sized plan sheet, requirement. Additionally, details regarding stream location (both current and proposed) are not clear. Plans meeting the requirements of the PCN application instructions must be submitted as part of this request. On February 23, 2010, Mr. David Baker, along with Kevin Barnett of this office, performed a site visit. The following is a summation of the observations of that visit: • The lower section of Elk Branch is within 30 feet to the paved road surface. Full buffer credit cannot be awarded for any buffers which do not meet the Stream Mitigation Guielines. • The upper reach of Elk Branch (along pasture containing blue house) appears to have been historically rerouted against the valley wall, has a dense woody buffer on the uphill side, lacks buffer on the pasture side, and has defined cobble/gravel riffles. Abundant stone and may flies along with prolific aquatic snails were also documented within this area. • The main channel of Elk Branch appears stable in profile above and below Annie's Cove. No headcuts nor down cutting (degradation) were observed. • The only significant channel instability was at the Annie's Cove/wetland area. This office suggests that prior to committing a significant amount of time developing a response to the information request above, that consideration to a lesser impact, bank and buffer enhancement for the majority of this project be given. Additionally, based upon the number of comments and additional information requested,a pre-application meeting with all agencies involved, may be appropriate for future projects. Please provide your response in writing to the addresses below prior to close of business on April 5, 2010. Four copies of the required information should be provided to the 401 Permitting Unit at: Ian McMillan 401 Permitting Unit 1650 Mail Service Center Raleigh,NC 27699-1650 and a single copy to the Asheville Regional Office at: Kevin Barnett Surface Water Protection Section 2090 US HWY 70 Swannanoa,NC 28778 If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and we will consider the project withdrawn. flis letter only addresses the preliminary application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Kevin Barnett 828-296-4657, if you have any questions. Sincerely, n Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office cc: Micky Clemmons—Michael Baker Engineering,Inc. David Baker-US Army Corps of Engineers Asheville Field Office Ron Linville -North Carolina Wildlife Resources Commission Ian McMillan - 401 Permitting Unit County Planning ARO File copy S AS WI'W itchell\401 s\Non-DOT\10-0079.ElkBranch\10-0078.Add Info.ElkB ran ch.03-05-2010.doc i 1 •• NCDENRI North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 8, 2010 Harry Smith 333 Tryon Bay Circle Lake Lure,NC 28746 Subject: 401 Water Quality Certification -Approval Harry Smith DWQ Project# 10-0177 Rutherford County BRD01 /Broad River (Lake Lure)/9-(17) /B; Tr Dear Mr. Smith: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. ,Approval has been granted to place fill within or otherwise impact 0.007 acres of open waters for the purpose of _;,/seawall replacement and riprap placement at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to) Erosion and Sediment Control and trout buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters 0.007 (acres) Sketch Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 NOrthCcQ.1111a Internet:www.ncwaterquality.org vtffirallff An Equal Opportunity i Affirmative Action Employer Harry Smith March 8,2010 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Chuck Cranford in the Asheville Regional Office at 828-296-4664. Sincerely, Coleen H. Sullins, Director L CHS/cbc Enc: GC3693 Certificate of Completion cc: USACE Asheville Regulatory Field Office 401 Permitting Unit—Central Office File Copy S:\SWP\Rutherford\401s\Non-DOT\HarrySmith\APRVL.3.5.10.doc WMENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary March 9, 2010 Lee Smith City of Hendersonville PO Box 1760 Hendersonville NC 287931760 SUBJECT: Compliance Evaluation Inspection Hendersonville WWTP Permit No: NCO025534 Henderson County Dear Mr. Smith: Enclosed please find a copy of the Compliance Evaluation Inspection Report from the inspection which I conducted at your facility on February 19, 2010. The facility was found to be in Compliance with permit NC0025534. Please refer to the enclosed inspection report for additional observations and comments. The assistance provided by Scott Chovan and Vince Edwards was greatly appreciated. If you or your staff have any questions, please do not hesitate to call me at 296-4500. Sincerely, Keith Hay Environmental Sr. Specialist Enclosure cc: Vincent L Edwards, ORC Central Files Asheville Files SASVVP',1 Ile!c.jerscjjjvi11e 4,N ITP 25 34\GD-2.19-1 0-doc SURFACE WATER PROTECTION-ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70, Swannanoa,NC 28778 NorthCarolliina Phone: (828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 Natur+a`[j� Internet:www.ncwaterguality.org J United States Environmental Protection Agency Form Approved. E P ^/� 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 I NJ 2 151 31 NCO025534 111 12I 10/02/19 117 181 CI 19I SI 20I-I L— Remarks 21IIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 CIA -------------------------Reserved--- ---------------- 67 I 169 70 UI 711 I 72I N I 73[_Jj 74 751 I I I I ( I 180 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) 11:10 AM 10/02/19 06/06/01 Hendersonville WWTP 80 Balfour Rd Exit Time/Date Permit Expiration Date Hendersonville NC 28792 12:10 PM 10/02/19 10/12/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Scott Chovan//828-696-0874 / Vincent Edwards//828-697-3077 / Name,Address of Responsible Official/Title/Phone and Fax Number Contacted - Lee Smith,PO Box 1760 Hendersonville NC 287931760//828-697-1707/ No i' Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit ■Flow Measurement Operations&Maintenance 0 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 Keith Haynes ,. ARO WQ//828-296-4500/ y / rl Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers aDate Roger C Edwards -Re� 3 ARO WQ//828-296-4500/ A �G''��' EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3I NCO025534 I11 12� 10/02/19 I17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The facility appeared to be well maintained and properly operated. Page# 2 Permit: NC0025534 owner-Facility: Hendersonville WWTP Inspection Date: 02/19/2010 Inspection Type: Compliance Evaluation Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids,pH, DO, Sludge ■ n ❑ n 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? n n m n Is the facility as described in the permit? ■ ❑ ❑ n #Are there any special conditions for the permit? n ❑ 0 Is access to the plant site restricted to the general public? Cl ❑ ❑ Is the inspector granted access to all areas for inspection? Q ❑ n Comment: Flow Measurement-Influent Yes No NA NE #Is flow meter used for reporting? n ■ ■ n Is flow meter calibrated annually? Cl ❑ Is the flow meter operational? ■ n ❑ n (If units are separated)Does the chart recorder match the flow meter? ❑ 011 Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual n b.Mechanical Are the bars adequately screening debris? ❑ ❑ El Is the screen free of excessive debris? ■ n n n Is disposal of screening in compliance? Q ❑ Is the unit in good condition? n n ❑ Comment: Grit Removal Yes No NA NE Type of grit removal a.Manual n b.Mechanical Page# 3 ............ . _._. --.-_... Permit: NCO025534 Owner-Facility: Hendersonville wVViP Inspection Date: 02/19/2010 Inspection Type: Compliance Evaluation Grit Removal Yes No NA NE Is the grit free of excessive organic matter? ■ ❑ ❑ ❑ Is the grit free of excessive odor? ■ ❑ ❑ ❑ #Is disposal of grit in compliance? ■ ❑ ❑ ❑ Comment: 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? ■ ❑ ❑ ❑ Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ n ❑ ❑ Comment: A slight amount of grease was noted on one side of the basin. 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? ■ ❑ 0 ❑ 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%<of the sidewall depth) ■ ❑ ❑ ❑ Comment: Filtration (High Rate Tertiary) Yes No NA NE Type of operation: Page# 4 Permit: NC0025534 Owner-Facility: Hendersonville WWTP Inspection Date: 02/19/2010 Inspection Type: Compliance Evaluation Filtration (High Rate Tertiary) Yes No NA NE Is the filter media present? n n n Is the filter surface free of clogging? ❑ n n n Is the filter free of grovvth? (l n n Is the air scour operational? n n n n Is the scouring acceptable? n n ❑ n Is the clear well free of excessive solids and filter media? n Q n n Comment: Disinfection -UV Yes No NA NE Are extra UV bulbs available on site? 0 ❑ ❑ n Are UV bulbs clean? N Cl Cl n Is UV intensity adequate? S n n n Is transmittance at or above designed level? n n Is there a backup system on site? ❑ ■ ❑ 0 Is effluent clear and free of solids? Cl El 0 Comment: No back-up Flow Measurement- Effluent Yes No NA NE #Is flow meter used for reporting? ■ 0 n El Is flow meter calibrated annually? ■ ❑ ❑ n Is the flow meter operational? n n n (If units are separated) Does the chart recorder match the flow meter? Q ❑ 11 Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? n ❑ n 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? n Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? n n 0 Is sample collected below all treatment units? �. 0 n Is proper volume collected? ❑ ❑ n Page# 5 Permit: NC0025534 Owner-Facility: Hendersonville WWTP Inspection Date: 02/19/2010 Inspection Type: Compliance Evaluation Effluent Sampling Yes No NA NE Is the tubing clean? ■ Q ❑ n #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ n 11 n Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ■ ❑ f 1 Q Comment: Page# 6 NCbEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 9, 2010 Ku Nan Clement Pappas NC Inc 125 Industrial Park Rd Hendersonvlle NC 28792 SUBJECT: Compliance Evaluation Inspection Clement Pappas Plant " Permit No: NCO079251 Henderson County Dear Mr. Han: Enclosed please find a copy of the Compliance Evaluation Inspection Report from the inspection which I conducted at the facility on February 19, 2010. The facility was found to be in Compliance with permit NC0079251. Please refer to the enclosed inspection report for additional observations and comments. The assistance provided by Blake Kehoe during the inspection was greatly appreciated. If you or your staff, have any questions, please do not hesitate to call me at 296-4500. Sincerely Keith Haynes Environmental Sr. Specialist Enclosure cc: Central Files Asheville Files J aC�ft�Pt ie�uervorrt v ste�at�r inGcstrial�Gl rrr tit t�appu s 79251AC 12-19-10,d0C SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa, NC 28778 NorthCarofiina Phone:(828)296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 Naturally Internet:www.ncwate[gua ity.org United States Environmental Protection Agency Form Approved. E P^/� 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 INI 2 U 31 NCO079251 Ill 121 10/02/19 117 181r1 191 .c1 20I_1 Remarks !-! 1=J 211IIIIII1IIIIIIIIIIIIIIII1II1IIIIIIIIIIIIIIIIIIIll Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CA ---------------------------Reserved---------------------- 67I 169 70U 71 U 721 NI 73I I W'74 75I I I I I I I 180 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) 10:35 AM 10/02/19 06/02/01 Clement Pappas Plant 125 Industrial Park Rd Exit Time/Date Permit Expiration Date Hendersonvlle NC 28792 11:05 AM 10/02/19 10/12/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Blake Myles Kehoe//828-693-0711 /8282439572 Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Ku Han,125 Industrial Park Rd Hendersonvlle NC 28792//828-693-0711/8286972984 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance N Facility Site Review 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 Keith Haynes ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ARO WQ//828-296-4500/ 3 0 ell EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3I NCO079251 I11 12I 10/02/19 I17 181CI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The facility has requested the permit be rescinded. Page# 2 Permit: NCO079251 Owner-Facility: Clement Pappas Plant Inspection Date: 02/19/2010 Inspection Type: Compliance Evaluation Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH,DO,Sludge n n ■ ❑ 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? n n N Is the facility as described in the permit? NO ❑ n #Are there any special conditions for the permit? D n ■ ❑ Is access to the plant site restricted to the general public? 0 ❑ n Is the inspector granted access to all areas for inspection? ® ❑ Q n Comment: The facility has requested that the permit be rescinded. The ARO has no issues with this request as there has been no discharge of noncontact cooling water through outfall 002 in over four years as the water is now recycled. Page# 3 wA North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary March 9, 2010 Allen Stowe Duke Energy Carolinas LLC 526 S Chruch St Charlotte NC 282011002 SUBJECT: Compliance Evaluation Inspection Thorpe Hydroelectric Station Permit No: NCG500127 Jackson County Dear Mr. Stowe: Enclosed please find a copy of the Compliance Evaluation Inspection Report from the inspection which I conducted at the facility on February 25, 2010. The facility was found to be in Compliance with permit NCG500127. Please refer to the enclosed inspection report for additional observations and comments. If you have any questions, please do not hesitate to call me at 828-296-4500. Since ly Keith Haynes Environmental Sr. Specialist Enclosure cc: Central Files Asheville Files P:i;.4s1. .,G,'t..`,.Ct(.-.rafiSa,.•h.� e. :?i;i^��.�.i50 No llontactS.)!',i 02-2')..7t;"x>(, SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S. Highway 70,Swannanoa,NC 28778 NorthCarollna Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 T 1g�u1, Internet:www,ncwaterguality.org �/V "/ff United States Environmental Protection Agency Form Approved. EPAH Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Re::t: 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 I NI 2 15I 31 NCG500127 L11 121 10/02/25 117 181 rI 19I I_ SI 201 I l_ L Remarks L 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------- ---------Reserved---------------------- 67 I 169 70I� 71 UI 72(N I 73�74 751 I I I I I 180 Section B: Facility Data tt____ 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) 02:35 PM 10/02/25 07/08/01 Thorpe Hydroelectric Station NC Hwy 107 Near NC Hwy 28 Exit Time/Date Permit Expiration Date Tuckasegee NC 28783 03:30 PM 10/02/25 12/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Keith A Moore/// Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Jimmie Allen Stowe,526 S Chruch St Charlotte NC 282011002//704-382-4309/7043829840 Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) / Permit Operations&Maintenance 0 Self-Monitoring Program N Facility Site Review Section D: Summary of Find in /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 Keith Haynes , ARO WQ//828-296-4500/ �- (0, Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date 1 ! Roger C Edwards J'1� d ARO WQ//8287296-4500/ c/0 n EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3I NCG500127 I11 12I 10/02/25 I17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Discussion of the downstream monitoring site lead to a determination that during cold weather, samples are being collected prior to proper mixing. It was decided that downstream samples could be collected at the same location as the upstream site for the Tuskasegee Hydro Plant. Page# 2 Permit: NCG500127 Owner-Facility: Thorpe Hydroelectric Station Inspection Date: 02/25/2010 Inspection Type: Compliance Evaluation Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? S 0 0 Q Does the facility analyze process control parameters,for ex: MLSS,MCRT, Settleable Solids,pH, DO,Sludge Q 0 ■ Cl Judge,and other that are applicable? Comment: PermitYes 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? Q 0 Q #Are there any special conditions for the permit? ❑ ❑ n Is access to the plant site restricted to the general public? n Is the inspector granted access to all areas for inspection? n Cl Comment: Page# 3 A`4i';A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H,Sullins Dee Freeman Governor Director Secretary March 9. 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 9134 Mack W 1 dmisten, Director of Public t_.Tti.lities City of Lenoir PO 13ox 958 Lenoir NC 286450958 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE Permit No. WQCS00035 NOV-2010-DV-0104 NOV-201.0-DV-0105 City of Lenoir Lenoir Collection System Caldwell County Dear Mr. [`dinisten, Director of Public Utilities: A review has been conducted of the l.,enoir Collection System's self reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by City of Lenoir. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00035 and/or G.S. 143-215.1(a)(1). The violations that occurred are summarized below; Area Violation Date Description Violation Type CSO/SSO 02/05/2010 Sanitary Sewer Overflow Discharge (Sewer Overflow) 6,923 Gallons Without Valid NOV-2010-DV-0104 Permit CSO/SSO . 02/05/2010 Sanitary Sewer Overflow Discharge (Sewer Overflow) 35,183 Gallons Without Valid Permit NOV 2010-DV-0105 eRemedial actions should be taken to correct this problem. The Division of Water Quality is considering pursuing enforcement action for this violation. One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollna Phone:828-2964500\FAX:828-299-7043\Customer Service:1-877-623-6748 N�//� Internet: www.ncwaterquality.org �'J���/�tu` l An Equal Opportunity\Affirmative Action Employer S:\SWP\Caldwell\Collection Systems\Lenoir Collection System Page 2 Mack W Edmisten Lenoir Collection Systern If you should have any questions, please do not hesitate to contact Jeff Menzel of the Asheville Regional Staff, at 828-296-4500. Sincerely, Roger C. Edwards Surface Water Protection Section Supervisor Division of Water Quality Asheville Region Cc: Central Files PERCS NCDEN North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary Division of Water Quality March 9,2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7007 1490 0004 0713 8267 Mr. Justin Hembree, Town Manager Town of Tryon 301 N 'Trade St Tryon NC 28782 SUBJECT: Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1) and Collection System Permit WQCS00111 Case No. DV-2010-0023 Town of Tryon, Tryon Collection Systei-n Polk. County Dear Mr. Hembree: This letter transmits an assessment of civil penalty in the amount of$3,067.00.00 ($3,000.00 plus $67.00 enforcement costs) against the Town of Tryon. This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow(SSO) 5-Day Report submitted by Tryon Collection System. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00111 and G.S. 143-215.1(a)(1). The violation(s) that occurred on 12/25/2009 resulting in a spill of 200,000 gallons of untreated wastewater are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Town of Tryon violated the terms, conditions or requirements of Collection System Permit WQCS00111 and G.S. 143-215.1(a)(1) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A, 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 Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment against'l"own of Tryon. GPI SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 1 y+ Internet: www.ncwaterquality.org ��/atu`aLLff An Equal Opportunity i Affirmative Action Employer S:\SWP\Polk\Collection Systems\Tryon Collection System i .00n System WQCS00I I I .o. DV-2010-0023 $3,000.00 CSO/SSO (Sewer Overflow)Sanitary Sewer Overflow 200,000 gallons Discharge Without Valid Permit $67.00 Enforcement Costs $3,067.00 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 days of receipt of this notice,you must do one of the following: 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (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: Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission 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 civilpenalty 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 Quality at the address listed below. Tryon Collection System WQC'SO01 I I Case No.DV-2010-0023 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 14313-282.1(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 the Division of Water Quality 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 Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 AND Roger C. Edwards, Regional Supervisor, Surface Water Protection Section, Asheville Regional Office 2090 U.S. 111 y. 70 Swannanoa, N.C. 28778 OR 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) STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF POL K IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS TRYON COLLECTION SYSTEM ) TOWN OF TRYON ) PERMIT NO. WQCS00111 ) FILE NO. DV-2010-0023 Having been assessed civil penalties totaling $3,067.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated March 9. 2010,. 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 Quality with 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 ...... ...... .. . JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number:DV-2010-0023 County: POLK Assessed Party: TOWN OF TRYON Permit No. : WQCS00111. Amount Assessed: $ 3,067.00 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 applies. 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: o.DV-2010-0023 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 AND Mail or hand-deliver a copy of the petition to Mary Penny Thompson, Registered Agent Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 AND Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 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. Tryon Collection System WQCS001 I I. Case No.DV-2010-0023 Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact Jeff Menzel of the Asheville Regional Office at (828)296-4500. i :Z-C'/G� �1 �� � fir'✓.0 .' 01100/2010 Roge` C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: PERCS Unit Enforcement File w/attachments Central Files w/attachments Joel B Burrell/Maintenance Supervisor o Z o r m."0 o < 3 a 0 ^O• mz p A �� N 0 -i Z o n j cn N 0 Cf) a CD M T m y D 0 0 < P CD 0 0 m O m 0 n ID O 0 lD o Z a v W 3 m 3 0 D c m c O m 3 n < -i m i, Q z o- p --1 o D 0 Cl N G) 0 O C z O _C N O . DD `�"0 m 0 0 z y y CD 0 < � n o 0 p Z v a v m 3 YIF A&ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION March 9, 2010 Jerry D. Hightower, PE Senior Project Manager CTI Engineers, Inc. 1122 Riverfront Parkway Chattanooga, TN 37402 Subject: Stream Identification Request TWSA WTP New Operations and Chemical Feed Buildings Job-Jackson County Dear Mr. Hightower; On February 3, 2009, an determination was conducted to review a stream feature located on the subject property for an intermittent/perennial determination. The stream feature is labeled as"TWSA `WTP" on the attached copy of the Sylva South topographic map. This stream feature was determined to -'be an intermittent stream. The Division of Water Quality (DWQ) has determined that the stream feature labeled as "TWSA WTP on the attached map is intermittent from the discharge pipe located at the water's edge for approximately 50 feet to where the stream leaves the property through a culvert under Old Cullowhee Road. Please contact me if I can be of any further assistance. Sincerely, Linda Wiggs ! Environmental Specialist Surface Water Protection Enclosure:Map Cc:ARO Files ARO Public Water Supply-Ray McCall DLR-Melt Nevils-(E Copy) "SASWPVackson\Stream Calls\StreamlD TWSA.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One 1 Phone:828-296.4500\FAX:828-299-70431 Customer Service:1-877-623-6748 NorthCar ohna Internet:www.ncwaterquality.org Naturally An Equal Opportunity 1 Affirmative Action Employer _........_......_.._..___. ._..._..._.... �_ , 1 _- _ �'�"'+w ° °F.� £ Z g° �.,,,r•"Zr"'°' ,_�;.' 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"tY 'I,., ro n4 R� � i ' �.- y t 4 i.. b k - W .i >° 41 a ' F 4 x h G *S' N rk` R S 4 E ( , ,1� —' �',a'�' a 623 y `A F [ „ "I N �.: w` .� .,+' ,-.?yr'0.rr+ � wa,.�.rr^y„«� ""`.^.a+n' e"i.I3 _ ° .o .+a.: kT'se �:�a _r 6 U �, .tr 4i° ,� �,""r«.n .r""� Ica x, l s z j r Vic, is ors obi ", ' -_d' e- r j r y a fa ,- F� pp' S�� .. �R�: k i d g .Y .k Ja'r pT. ?� "° i „y �r :$ �,2 4'L & , a '�, .Ex 6 Foaj ! ` r"" Y +�.a..F.H n+ r„ c Lb� tea1. s G �' " � ..F rM1k I '�` �`_ 9 # R f ems' j $ a ! e'' p'Y:,°' r F ' '*°!°� ,,` .gym FN�,�+" „�,c_'h'`»,,� ey - k § ! � = .-s^r •� rg a !� �i cl4,s xr; 4'-' e z ..r E pia h � }E�' " c$ $` t c y 1� - ti v. t d.� P ..° , - ' s. », ° .�. "��° Y ; r IN 4 w SL I t . ,t,.,. .�. .P^ .r-.,.. �i 44 ; .. H z �xaC .ems a �eY , .. . ,., .. .. { `� `'' �_i NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 10, 2010 Richard Kreis 175 Highhaven Lane Franklin,NC 28734 SUBJECT: NOTICE OF VIOLATION DWQ Tracking Number: NOV-2010-SS-0006 Stream Standard Violation- Other Waste (In-stream sediment) Macon County Response deadline: March 26, 2010 Dear Mr. Kreis: On February,11, 2010, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection along Addington Bridge Road in Macon County. Messrs. Matt Mason(Macon County Erosion Control [MCEC]),Kim Hedden(MCEC) and Jeff Menzel (DWQ) were present. Stream standard violations were noted during the inspection. Sediment impacts to an unnamed tributary to Bates Branch(Class C waters)were documented. Approximately 250 feet of stream has been impacted by sediment discharged from a soil pile on your property. VIOLATIONS I. Stream Standard Violation Other Waste(In-stream sediment) 15A NCAC 02B .0211 (3)f- Approximately 250 feet of an unnamed tributary to Bates Branch(Class C waters) was impacted by sediment deposition greater than three(3)inches throughout the stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NofthCarohna Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 ��� � Internet: www,ncwaterquality.org ra`j An Equal Opportunity 1 Afrrnative Action Employer Richard Kreis March 10,2010 Page 2 of 3 REQUIRED RESPONSE This Office requests that you respond in writing by March 26, 2010. Your response should be sent to both the attention of Chuck Cranford, Division of Water Quality,2090 US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response should address the following items: I. Stream Standard - Other Waste (In-Stream Sediment) a. Please submit a Sediment Removal Plan to this office for review and approval. The plan must address removal of the accumulated sediment from the unnamed tributary to Bates Branch from the stream origin on your property down to the first culvert on the adjoining property(Stamey). The plan must be submitted to the Division of Water Quality for review and approval prior to implementation. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with development of your plan and authorization necessary to achieve compliance. It is recommended that your consultant contact Chuck Cranford of the Asheville Regional Office for additional guidance during plan development. The plan should include the following: 0 A narrative explaining how sediment will be removed and how impacted jurisdictional waters will be restored. • 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. A narrative explaining how sediment will be retained on the site and kept out of waterways, and how restoration activities will be conducted such that turbidity standards are not exceeded. b. Once the plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Chuck Cranford. Note: Other sediment removal work will be occurring in the unnamed tributary to Bates Branch downstream of your property. A combined effort may benefit all parties. It is suggested you contact your neighbors to coordinate restoration activities,particularly if employing the same consultant. 2010 of 3 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 Quality 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 Chuck Cranford at(828) 296- 4664. Sincerely Roger C. Edwards,Regional Supervisor Surface Water Protection Asheville Regional Office cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy Matt Mason-Macon County S:\SWP\Macon\Complaints\Kreis\NOV-2010-SS-0006.3.10.10.doc i wr.�® NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 10, 2010 Garland Norton, Mayor Town of Old Fort PO Box 520 38 S. Catawba Ave Old Fort, NC 28762 . SUBJECT: January 27, 2010 Technical Assistance Inspection, Town of Old Fort, Old Fort WWTP Permit No: NCO021229 McDowell County Dear Mayor Norton: Enclosed please find a copy of the Technical Assistance Inspection report from the Technical Assistance conducted on January 27, 2010. The Technical Assistance Inspection was conducted by Don Price and Kathy Jimison of the Asheville Regional Office. The time and assistance of Tony West, WWTP ORC is greatly appreciated. At the time of the inspection the discharge from the facility appeared to be in Compliance with permit NC0021229. The purpose of this TA was to investigate the effluent TSS violations noted in February 2007, December 2008, and January 2009, and determine Why these violations occur during the 1st and last part of the year. In reviewing process '-ontrol data collected by facility staff several areas were noted that are in need of attention by the Town, they are as `< ,ollows: 1 -current Aeration Basin effluent distribution to the secondary clarifier(s) is not equal, and may be contributing to the effluent TSS violations noted above; 2 - the current solids management and sludge wasting program at the facility should be reviewed to allow for increased/improved operational flexibility needed to address operational issues due to the solids accumulation; 3— System Staffing currently consist of only the ORC Tony West and a "part-time" back-up ORC on a contract basis. This does meet the minimum requirements of the Operator rules, but is not conducive to efficient and effective WWTP operation. I am enclosing the section of EPA/430/9-79-013 document "Management of Small-to-Medium Sized Municipal WWTP's" regarding staffing along with the budgeting section for your review. I feel this information will assist and help guide the Town in determining the appropriate staff level needed for effective and efficient operation of the system. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, or wish to discuss in more detail, please call me at(828)296-4500. Sincerely, f Don Price, CET WWTP Consultant Enclosure cc: Tony West, ORC Central Files Asheville Files One pJ1D90 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 NorthCarohna !�Internet:www.ncwaterquality.ora Natmally An Equal Opportunity 1 Afrmative Action Employer United States Environmental Protection Agency Form Approved. EPA n 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 INI 2 1 �I 3I NCoo21229 I11 12I l0/0l/27 1 17 181DI 191sl 20I_I J Remarks 2111111111111 , 11111II11 Ili 11III11IIIIIIIIIIIII1116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 671 169 70I 3 I 711 1 721 N I 73I I '74 751 I I I 1 I I 180 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) 09:20 AM 10/01/27 05/11/01 Old Fort WWTP Catawba Ave US Hwy 70 Exit Time/Date Permit Expiration Date Old Fort NC 28762 11:30 AM 10/01/27 10/01/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Anthony Glenn West/ORC/828-668-4561/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Garland Norton, /// No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Operations&Maintenance 0 Sludge Handling Disposal N Facility Site Review Effluent/Receiving Waters Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s) f n pector(s) Agency/Office/Phone and Fax Numbers Date Don Price I ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date 3 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont. 1 3I NCO021229 I11 12I 10/01/27 117 18LDI Section D: Summary of Finding/Comments(Attach additional sheetsof narrative and checklists as necessary) The time and assistance of Tony West in conducting the Technical Assistance is appreciated. The reason for this Technical Assistance visit was to review past DMR data reported by the facility regarding Total Suspended Solids (TSS)violations that had occurred in February 2007, December 2008, and January 2009. It appears solids violations are occurring at the WWTP during periods of SIU (significant industrial user) shut down. The industry shut down coincides with the same time period of TSS violations.During the Technical Assistance Solids measurements were taken in the EQ basin, the Aeration Basin, and the Return Sludge. Results are as follows: EQ basin =71 mg/L; Aeration Basin =4880 mg/L; & Return Sludge = 5170 mg/L. The concentration of solids maintained in the system is a little high for the time of year( most Extended Aeration Activated Sludge) systems maintain 2500 - 3000 mg/L solids in an Aeration Basin during cooler winter months and lower the level down by 500-750 mg/L during warmer summer months. On site discussions with ORC Tony West indicated system had maintained the high level due to aeration basin foaming problems and loss of pin floc through the secondary clarifiers. At the current time ORC only does weekly Process Control due to lack of needed staff. It is suggested system increase staff level at WWTP and increase Process Control measurements to improve solids wasting, and control solids inventory and maintain compliance. Other parts of the system are not used due to lack of flow to WWTP. These areas are still in need of 0 & M and require maintenance. The secondary clarifier flow distribution system should be reviewed by a Professional Engineer and determine if"short circuiting" is occurring. By maintaining a high(er) solids inventory in the secondary system, short circuiting can be a contributing factor to TSS violations in the effluent.Review of staffing information from EPA document 430/9-79-013 indicates that a WWTP the size and complexity of Old Fort's should have at least 5 personnel. Sections of the above mentioned document are attached for review. Should additional questions arise or you need more information, please contact me at (828)296-4500. Page# 2 Permit: NCO021229 Owner-Facility: Old Fort WWTP Inspection Date: 01/27/2010 Inspection Type: Technical Assistance Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? E 0 0 Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge ■ ❑ ❑ Judge,and other that are applicable? Comment: Facility currently measures Aeration Basin MLSS and Clar. Eff. TSS 1/week, DO, Sett., and pH as operator time allows. This frequency of measurement is not adequate for effective Process Control. The Town of Old Fort should review staffing needs at the WWTP and Sewer Collection system and increase staff as needed. Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical Are the bars adequately screening debris? ❑ n 0 Is the screen free of excessive debris? ■ Is disposal of screening in compliance? ❑ ❑ 0 Is the unit in good condition? Cl Q Q Comment: Equalization Basins Yes No NA NE Is the basin aerated? ❑ Q Q Is the basin free of bypass lines or structures to the natural environment? ❑ ❑ Is the basin free of excessive grease? n ❑ Cl Are all pumps present? ❑ ❑ Q E Are all pumps operable? 0 Cl 0 0 Are float controls operable? 11 0 11 N Are audible and visual alarms operable? E ❑ ❑ m #Is basin size/volume adequate? S ❑ 0 n Comment: The existing Oxidation Ditch is currently being used for Flow Equalization. I would suggest this basin be utilized for"increased"flow EQ to allow basin and tankage isolation and inspection. Each tank and basin at Old Fort's WWTP should be taken down, inspected, and any needed maintenance performed at least once per year. The current staffing level at the WWTP does not allow for this. EQ basin TSS measured on-site = 1500 mg/L, sample taken for analysis in DWQ lab = 71 mg/L. Aeration Basins Yes No NA NE Mode of operation Ext.Air Page# 3 Permit: NCO021229 Owner-Facility: Old Fort WWTP inspection Date: 01/27/2010 Inspection Type: Technical Assistance Aeration Basins Yes No NA NE Type of aeration system Surface Is the basin free of dead spots? ■ n D D Are surface aerators and mixers operational? ■ D D D Are the diffusers operational? DD ■ n Is the foam the proper color for the treatment process? ■ 0 D D Does the foam cover less than 25%of the basin's surface? ■ D n D Is the DO level acceptable? ■ n n n Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ n n D Comment: Only one of the two existing aeration basins was in service at the time of the Technical Assistance. Aeration currently in place at the Old Fort VWVTP consists of "floating" aerators positioned in place with stainless steel "mooring" cables. It is suggested these steel cables be"REPLACED"with polypropolene ski rope with 2 connections per aerator side. This would allow for easier access and maintenance to the aerators, and also allow for improved positioning of the aerators to allow for optimum aeration and mixing hopefully allowing for reduced power consumption. MLSS measurements taken on-site = 5900 mg/L, samples taken and measured in ARO lab = 5170 mg/L. -6econdary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n D Is the site free of excessive buildup of solids in center well of circular clarifier? D ■ D D Are weirs level? ■ D D D Is the site free of weir blockage? ■ D n D Is the site free of evidence of short-circuiting? ■ n n D Is scum removal adequate? D ■ D D Is the site free of excessive floating sludge? ■ D D D Is the drive unit operational? D ■ D D Is the return rate acceptable (low turbulence)? ■ D D D Is the overflow clear of excessive solids/pin floc? ■ D D D Is the sludge blanket level acceptable?(Approximately'/4 of the sidewall depth) D D D ■ Page# 4 r_._, _� Permit: N00021229 Owner-Facility: Old Fort WWTP inspection Date: 01/27/2010 Inspection Type: Technical Assistance secondary Clarifier Yes No NA NE Comment: Old Fort's WWTP currently uses 3 out of four existing secondary clarifiers. The 4th secondary clarifier is not in service due to degradation of system components. Flow distribution to the secondary clarifiers is controlled by "adjusting"a weir on the effluent leaving the aeration basin.The current method does not allow for"equalized" flow distribution to the clarifiers. It is suggested that Old Fort discuss this deficiency with a Consulting Engineer to determine the most cost and operationally effective manner to address this situation. This may include using a "telescopic and/or modulating valve"to distribute the flow to the secondary clarifiers equally. Page# 5 b O O O I, N N O N Ri ik N N rn W. �..... 4 7 __ C.0..� „ ' i' N'. 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North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March10, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 9127 Mr. Mel S. Cohen City of Morganton PO Box 3448 Morganton,NC 28655-9850 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 Permit NCO026573 City of Morganton Catawba River Pollution Control Facility Case No. LV-2010-0074 Burke County Dear Mr. Cohen: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,317.00 ($1,250.00 civil penalty +$67.00 enforcement costs) against City of Morganton. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by City of Morganton for the month of November 2009. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0026573. The violations which occurred in November 2009 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that City of Morganton violated the terms,conditions or requirements of NPDES Permit NCO026573 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 Environment and Natural Resources and the Director of the Division of Water Quality, l, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against the City of Morganton: ne NorthCarolina Naturally (SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S. Highway 70, Swannanoa, NC 28778 Phone:(828)296-4500\FAX:828 2997043\Customer Service: 1-877-623-6748 S:\SWP\Burke\Wastewater\Municipal\Morganton WWTP 26573 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $625.00 NC0026573, by discharging waste water into the waters of the State in violation of the Permit Weekly Average limit for BOD - Conc. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $625.00 NC0026573, by discharging waste water into the waters of the State in violation of the Permit Weekly Average limit for TSS-Conc. 0 of the 1 viol;ations of G.S. 143-215.1(a)(6) and NPDES Permit No. $0.00 NC0026573, by discharging wastewater into waters of the State in violation of the Permit Monthly Average for TSS - Conc. $67.00 Enforcement Costs $1,317.00 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. 14313- 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 days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (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: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 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 Quality 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 14313-282.1(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 the Division of Water Quality 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 Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 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 Jeff Menzel of the Water Quality staff in the Asheville Regional Office at 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: Asheville Files w/attachments Central Files w/attachments Bob Guerra/DWQ Enforcement Files w/attachments Jeremy Rees/ORC w/attachments JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2010-0074 County: Burke Assessed Party: City of Morganton Permit No. : NCO026573 Amount Assessed: $1,317.00 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 applies. 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 ENVIRONMENT AND NATURAL RESOURCES COUNTY OF BURKE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND CITY OF MORGANTON ) CATAWBA RIVER POLLUTION CONTROL ) STIPULATION OF FACTS PERMIT NO. NCO026573 ) FILE NO. LV-2010-0074 Having been assessed civil penalties totaling $1,317.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated March 10, 2010, 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 Quality 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 m r yi m m -p: p .(Nit .(N71 D m o O o - 0 0 -C C m O -i 0' Z .d_+ z rr,r o. -i 3 o a o �;0 W N m m -AZ G1 V W O c 0 0 0 '0� - 0 0 o vD r C r D m m m n n D p j z n n W v (n (n Oo �D1 D 0 0 0 a � o 0 O m �... a O '0 O c r. C n O D < O U) o T m to coo m m O z CD m o D x x x m r O CD p m m c x CD CDm c z z 6 D 0 0 A n 3c O C Z z co co D c O -i m W c r � O 0 (Lit 1 n <r A Dn N m N rc Oo N N Cr mD-A m 0 r° m m O X m N ao 3m. o w A O z c p < ID N N 1p d o o O m m m z m m a 2 m m CD CD m a: a a a a 0 c rt G r 3 r r r r r r r r r p < < < < < < < < < < y 5i d C) o 0 0 0 0 0 a o 0 0 C 10 V y O o to m 0 o 0 o a o m F N A o o W ID 0 W W o O O — N V to N A W A 1-4 N 0 O 1 ry A N W N N m O A m O ems 7 H I N d) N N z n n v - N W to #0 0 ipr N 0 O O N 7 }9 5. N d. 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MMM a'0 Cr 3M3n N 00 rM � o o � c ago g CDo3x � C N N M N 7 p' 4) 3 O (A d 3 C A O m 03m r o0 3 ( 0C o 0 j69 69 EA !A 69 FA (A O�e V oI py W W 69 ➢J V { V A A A S cmN V N ID 11 O co o d A 00 O O O O O N N W A ff W d 10 w- 0 tb V V (A !A (A 69 fA 69 69 69 69. lA O O O 0 O O O O O O O O O O O O O O O O O O O O O O C O N W 0 z z z z z z z z z z z z dad 0 0 0 0 0 0 0 0 0 0 0 0 -� o o 0 o A. -` -� m o) o) N O N N m O O O 9 W W W 0 -w+ A W N N A - A N G O O O O O O O O O O 00 to W tp (D (o N A4 WNW North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 10, 2010 Mr. Donald E. Raisch Facility Manager, ORC United World Mission PO Box 250 Union Mills, N.C. 28167 SUBJECT: Technical Assistance Inspection Status: In Compliance United World Mission, WWTP NPDES Permit Number NCO032174 Rutherford County Dear Mr. Raisch: Enclosed please find a copy of the Technical Assistance Inspection form from the inspection conducted on March 5, 2010. Don Price of the Asheville Regional Office conducted the Technical Assistance Inspection. The facility was found to be in Compliance with permit NC0032174. Your time and assistance in conducting the Technical Assistance inspection is appreciated. The purpose of this Technical Assistance was to determine the cause for elevated Ammonia results that appear to occur during the Nov-Jan. and June—Aug. time periods. Facility data was analyzed and a "Trend" chart developed (copy of same enclosed). Results indicate Ammonia exceedances are occurring around the same time as the semi-annual Septic Tank pumping events. On site samples of sand filter effluent prior to UV disinfection were indicating a downward trend of the Ammonia concentration based upon alkalinity supplement with lime. Also, the septic tank and pump tank contents were measured with a "sludge judge" at the time of the Technical Assistance indicating the tank should not be pumped. A good rule of thumb is to'pump tanks when the sludge accumulation equals about a third (1/3) of the tank's depth. For example, a 5 foot deep tank should be pumped when sludge accumulation equals 18 inches to 2 feet. 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, Don Price, CET WWTP Consultant Enclosure cc: Mr. Richard Johnson, UWM Central Files Asheville Regional Office Files One 0 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1877 623-6748 NorthCaroflna Internet:www.ncwaterguality.org vVah raliyj An Equal Opportunity 1 Affirmative Action Employer v �_: 1 `� United States Environmental Protection Agency Form Approved. E P ^/� 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 1 ul 2 LI 31 NCO032174 Ill 121 10/03/05 117 181 n1 19L 20IU J Remarks !J 211111 1III 1111 1111 Jill 1111 1111 11111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----- -----------------Reserved--------------------- 67I 169 70( 11 71 UI 72 L N I 73�74 751 Ill I I I 180 }- 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) 02:60 PM 10/03/05 08/09/01 United World Mission 6494 Hudlow Rd Exit Time/Date Permit Expiration Date Union Mills NC 28167 04:00 PM 10/03/05 13/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Donald Eugene Raisch/ORC/828-287-8996/ Name,Address of Responsible Official/title/Phone and Fax Number Contacted George Schultz, //704-287-8996/7042870580 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Operations&Maintenance 0 Facility Site Review 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 Don Price bi f ARo WQ//828-296-4500/ 3-10`-Z c- tr 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) NCO032174 I11 12I 10/03/05 I17 18ID1 Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) This Technical Assistance was conducted at the request of Facility Manager, Mr. Don Raisch to determine the possible cause and corrective action to take for high Ammonia readings on effluent samples taken the previous month (February 2010). A review of facility data submitted on monthly DMR's was analyzed and a Trend chart developed. The Trend indicated the Ammonia exceedances occur during the Nov.-Jan. and June-Aug. time periods. Discussions with facility staff indicate this is the same period of Septic Tank pumping. It is suggested facility staff continue alkalinity supplement with lime be continued at location and dosage recommended verbally, in addition to the sodium bi-carbonate.Also, it is suggested that Septic Tank pumping be based upon sludge accumulation in the tanks rather than on a "semi-annual" basis. Sand Filter discharge prior to UV disinfection was tested on site with "check"strips for Ammonia. Results of that analysis indicated a downward trend to Ammonia levels. Tanks should not be pumped until sludge accumulation is equal to 1/3 of the tanks depth. For example, a 5 foot deep tank should be pumped when sludge accumulation is equal to or between 18 inches and 2 feet. Also, alkalinity supplement should be conducted on a "continuous" basis, even when there is no student attendance at the school. Don's time and assistance in conducting the Technical Assistance is appreciated. Should there be questions or you need additional assistance, please contact me at (828)296-4500. Page# 2 Permit: NCO032174 Owner-Facility: United World Mission ,ispection Date: 03/05/2010 Inspection Type: Technical Assistance 1perations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ f1 ❑ Q Judge,and other that are applicable? Comment: Facility staff utilize Parameter"strips"for ammonia and alkalinity to check for system status. Septic Tank Yes No NA NE (If pumps are used) Is an audible and visual alarm operational? ■ ❑ Q Is septic tank pumped on a schedule? ■ n ❑ Q Are pumps or syphons operating properly? ■ n n Are high and low water alarms operating properly? ■ 0 ❑ ❑ Comment: Facility staff currently pump tank on a 2/year basis. Sludge depth measurements are not taken. Discussions were held on site with ORC, Don Raisch, on "how" and "when" to measure and check sludge depth in tanks. Tanks should not be pumped until sludge depth is 1/3 of the tank's depth. By doing this it will save facility on pumping cost and after review of ammonia data should cease the cause of the elevated ammonia readings. Sand Filters (Low rate) Yes No NA NE ;if pumps are used) Is an audible and visible alarm Present and operational? ■ ❑ n El Is the distribution box level and watertight? ■ Q D Q Is sand filter free of ponding? ■ Q ❑ D Is the sand filter effluent re-circulated at a valid ratio? n 0 ■ #Is the sand filter surface free of algae or excessive vegetation? ■ 0 Q n #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) ❑ ❑ ■ Comment: Sand Filter was well maintained and operating properly at the time of the Technical Assistance. It is suggested Don Raisch be commended for the operation he provides for this facility. Disinfection -UV Yes No NA NE Are extra UV bulbs available on site? ■ ❑ Q n Are UV bulbs clean? ■ ❑ ❑ Q Is IJV intensity adequate? ■ ❑ D 0 Is transmittance at or above designed level? ■ ❑ ❑ El Is there a backup system on site? ■ Q ❑ ❑ effluent clear and free of solids? ■ Q ❑ Q Page# 3 Permit: NC0032174 Owner-Facility: United World Mission Inspection Date: 03/05/2010 Inspection Type: Technical Assistance Disinfection -UV Yes No NA NE Comment: Page# 4 6 H c� 0 E Q c • N 0 Z 02, w to MOZ/E/L 00 Cry a 600Z/£/66 Si EN E FIN i_ c c Ilk. 600Z/£/5 M O.N o ° r c Y q ma 60OZ/M p dtm CO (0 � � WOVE/I L NY C l0 !C ��� ' � ^ r 800Z/£/L ME s� Q � NR OMEN 800Z/£/€ w LO v cri �i o -I/B W-uoi;iea;ue3uoo w O .- Z N N N N N �- N M M 0 O O O O O � O N M O C O io E N O O O O O O O O p O O O p o O o O O O O O O N a 0 N O 0 M o Q M Q N o o Q v Q Q Q Q u N Q v Q Q Q m o Q WNW North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary March 12, 2010 Charles D Owen Fletcher Warehousing Company PO Box 188 Fletcher NC 287320188 SUBJECT: Compliance Evaluation Inspection Fletcher Warehousing Company Permit No: NC0000094 Henderson County Dear Mr. Owen: Enclosed please find a copy of the Compliance Evaluation Inspection Report from the inspection which I conducted at the site on February 19, 2010. The facility was found to be in Compliance with permit NC0000094, with the exception of the unknown status of the effluent flow meter. Please refer to the enclosed inspection report for additional observations and comments. Also note that since the permit expires later this year, this would be an excellent opportunity to make modifications to reflect the status of the components of the wastewater treatment facility. If you have any questions, please do not hesitate to call me at 296-4500. Sincerely, Keith Hayn "s Environmental Sr. Specialist Enclosure cc: Central Files Asheville Files . :'SWPA .under;cantle.`casteN1aie,,l11H u-stria yrlet�ter SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolliina Phone: (828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 Internet:www.ncwaterguality.org 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 I NI 2 151 31 NC0000094 111 1211 10/02/19 117 181 rI 191 .a1 20 I J Remarks 1- !_ 211IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved---------------------- 671 169 70' 71I I 72I NI 73�74 751 I I I I I I 180 c—� 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) 01:15 PM 10/02/19 05/12/01 Fletcher Warehousing Company 4600 Hendersonville Rd Exit Time/Date Permit Expiration pate Fletcher NC 28732 01:45 PM 10/02/19 10/11/30 Name(s)of Onsite Representative(s)ffitles(s)/Phone and Fax Number(s) Other Facility Data Robert E. Orr/ORC/866-882-8194/ Name,Address of Responsible OfficiaUritle/Phone and Fax Number Contacted Charles D Owen,PO Box 188 Fletcher NC 287320188//828-651-9815/ No \ Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement Operations&Maintenance 0 Facility Site Review 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 Keith Haynes ARO WQ//828-296-4500/ � l IQ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date �r . Roger C Edwards ARO WQ//828-296-4500/ A. EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. - Page# 1 NPDES yr/mo/day Inspection Type 1 3I NC0000094 I11 12I 10/02/19 117 18I Section D: Summary of(Finding/Comments(Attach additional sheetsof narrative and checklists as necessary) This plant was built to treat a high volume of industrial waste, but now the only flow is domestic from the office and warehouse space. Discharges only occur during rain events. It is still highly recommended that the facility connect to local sewer or install an on-site treatment system for handling the small volume of wastewater generated. It is also imperative that the flow meter be properly maintained and operated. Page# 2 Permit: NC0000094 Owner-Facility: Fletcher Warehousing Company Inspection Date: 02/19/2010 Inspection Type: Compliance Evaluation Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ fl Q 0 Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge ❑ ■ n Cl Judge,and other that are applicable? Comment: Plant basically discharges stormwater. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ ❑ 0 Is the facility as described in the permit? ■ D ❑ #Are there any special conditions for the permit? ❑ ❑ ■ 11 Is access to the plant site restricted to the general public? 0 0 ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ 0 11 Comment: This permit expires on November 30, 2010 which is eight months away. Please remember that the renewal must be submitted at least six months prior to the expiration date. This would also be a good time to make modifications to the permit, such as the facility description. There are no fences around the wwtp. Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? ■ n ❑ ❑ Is flow meter calibrated annually? ■ Is the flow meter operational? (If units are separated)Does the chart recorder match the flow meter? ■ Q Comment: It is unknown if the meter was operating properly. It didn't appear that the meter had been calibrated within the last year: Page# 3 /- �r� CDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 12, 2010 CERTIFIED MAIL .RETURN RECEIPT REQUESTED - 7007 1490 0004 0713 9110 Mr. Justin Hembree, Town Manager Town Of Tryon 301 N Trade St. 'Fryon., North Carolina 28782 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE NOV-2010-DV-0100, NOV-2010-DV-0101, NOV-2010-DV-0102, NOV-2010-DV-0103 Permit No. WQCS001.11 Town of Tryon ,l'lyon Collection System Polk County Dear Mr. Hembree: A review has been conducted of the Tryon Collection System's self reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by'l'own cif"1'1yon. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS0011.1 and/or G.S. 143-215.1(a)(1). The SSO 5-Day Reports were found to be incomplete. The violations that occurred are summarized below. Area Violation Date Description Violation Type CSO/SSO 01/17/2010 Sanitary Sewer Overflow Discharge . (Sewer Overflow) 30,000 gallons Without Valid NOV-2010-DV-0100 Permit CSO/SSO 01/24/2010 Sanitary Sewer Overflow Discharge (Sewer Overflow) 250,000 gallons Without Valid NOV-2010-DV-0101 Permit , t URFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One tJ L0ocation:2090 U.S.Highway 70,Swannonoa,North Carolina'28778 NorthCaxolina Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 Naturally Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer S:ISWP1PoMCollection SystemslTryon Collection Systern\NOV-2010-DV-0100,NOV-2010-DV-0101,NOV-2010-DV-0102,NOV-2010-DV-0103,.doc Area Violation Date Description Violation Type CSO/SSO 01/24/2010 Sanitary Sewer Overflow Discharge (Sewer Overflow) 350,000 gallons Without Valid NOV-2010-DV-0102 Permit CSO/SSO 02/05/2010 Sanitary Sewer Overflow Discharge (Sewer Overflow) 150,000 gallons Without Valid NOV-2010-DV-0103 Permit Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations and respond in writing to this office within 15 days of receipt of this letter. If you should have any questions, please do not hesitate to contact the Asheville Regional Staff or Jeff Menzel at 828-296-4500. Sincerely, /71 Roger C. Edwards Surface Water Protection Section Supervisor Division of Water Quality Asheville Regional Office Cc: Central Files PERCS Joel B. Burrell/Maintenance Supervisor t� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 12, 2010 13ob l)aniels Town of Forest City Post Office t3ox 728 Forest City North Carolina 28043-0728 Subject: NOTICE OF VIOLATION Permit No. WQCS00050 NOV-201.0-DV-01.06 Town of Forest City Forest City Collection System Rutherford County Dear Mr. Daniels: A review has been conducted of the Forest City Collection System's self reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by'Town of Forest City. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00050 and/or G.S. 143-215.1(a)(1). The violation that occurred are summarized below; Area Violation Date Description Violation Type CSO/SSO 02/05/2010 Sanitary Sewer Overflow Discharge (Sewer Overflow) Without Valid 14,400 Gallons NOV-2010-DV-0106 Permit Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. - SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarolina Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org aturall An Equal Opportunity\Affirmative Action Employer SASWMutherford\Collection Systems\Forest City Collection System\NOV-2010-11)V-0106.doc Page 2 Bob Daniels Town of Forest City If you have any question regarding this policy please contact Jeff Menzel of the Asheville Regional Staff at 828-296-4500. Sincerely, Roger C. Edwards Surface Water Protection Section Supervisor Division of Water Quality Asheville Region Cc: Central Files PERCS RMENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 12, 2010 Karen I... Andrews Town of Rutherfordton 129 N Main St Rutherfordton.NC 281 9 Subject: NOTICE OF VIOLATION Permit No. WQCS00127 '['own of Rutherfordton NOV-2010-DV-0108 and NOV-2010-DV-0109 Rutherfordton Collection. System Rutherrord County Dear Ms. Andrews: A review has been conducted of Rutherfordton's Collection System self reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by Town of Rutherfordton. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00127 and/or G.S. 143-215.1(a)(1). The violations that occurred are summarized below; Area Violation Date Description Violation Type CSO/SSO 02/05/2010 Sanitary Sewer Overflow Discharge (Sewer Overflow) 600 Gallons Without Valid Permit NOV-2010-DV-0108 CSO/SSO 02/05/2010 Sanitary Sewer Overflow Discharge (Sewer Overflow) 200 Gallons Without Valid Permit NOV-2010-DV-0109 Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarolina Phone:828-296.4500\FAX:828-299-7043\Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer SASWP\Rutherford\Collection Systems\Rutherfordton Collection System\NOV-2010-DV-0108-NOV-2010-DV-0109.doc Page 2 Karen E Andrews flown.of Rutherfordton If you have any question regarding this policy please contact Jeff Menzel of the Asheville Regional Staff at 828-296-4500. Sincerely, `J Roger C. I d-wards Surface Water Protection Section Supervisor Division of Water Quality Aslievi Ile Region Cc: Central Files PERCS This is the way the filepath should look: S:\MMutherford\Collection Systems\Rutherfordton Collection System\NOV-2010-DV-0108-NOV-2010-DV-0109.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION March 15, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7007 1490 0004 0713 9097 Mayor Sydney Harrison Town of Hot Springs Post Office Box 2.18 Hot Springs,North Carolina 28743 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1) and Collection System Permit WQCSDO086 Town of Hot Springs l lot Springs Collection System Case No. DV-2010-0025 Madison County Dear Mayor Harrison: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $4,067.00 ($4,000.00 civil penalty+ $67.00 enforcement costs) against Town of Hot Springs. This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow(SSO) 5-Day Report submitted by Town of Hot: Springs. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCSI)0086 and G.S. 143-215.1(a)(1). The violation/s that occurred are summarized in Attachment A to this letter. On January 20,2010 staff:members with the Asheville Regional Office observed the discharge of untreated sewage from a cracked pipe at the 'Fown's Silver Mine sewage pumping station. 'I lie town was advised to fix the,problem and submit a 5-day SS(..) report. An incomplete report.was submitted to the Asheville Regional office twelve (12) days after the sewage spill was observed.. URFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 `// Internet: www,ncwaterquality.org atllrally An Equal Opportunity\Affirmative Action Employer S:\SWP\Madison\Collection Systems\Hot Springs Collection System\DV-2010-0025.doc Forn-i CS-SSO Collection System Sanitary Sewer Overflow Reporting Norm states that the form shall be submitted to the appropriate DWQ Regional Office within five (5) days of th.e first knowledge of the sanitary sewer overflow (SSO). The form also states if all. SSO is ongoing. the Regional Office must be notified on a daily basis until the SSO can be stopped. No complete written report has been received by the Regional Office docurrienthig that the SSO was stopped and that repairs have been made. North Carolina General Statute 143-215.6 provides for civil penalties of up to $ 25,000 for discharging sewage without a permit. The same statute empowers a State agency to go into Superior court seeking a court order prohibiting an activity which is in violation of the Statutes. Based upon the above facts, I conclude as a matter of law that Town of Hot Springs violated the terms, conditions or requirements of Collection System Permit WQCSDO086 and G.S. 143- 215.1(a)(1) 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 Environment and Natural Resources and the Director of the Division of Water Quality, 1, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Town of I-lot Springs. Within 5 days of the occurrence, provide a written report describing $4,000.00 the overflow or bypass, including all information reque.sted on form CS-SSO under 15A NCAC 213.0506 (a). $ 67.00 ENFORCEMENT COST $4,067.00 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. 14313- 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 days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further ircement action for any continuing or new violation(s). Please submit payment to the attention of: Daryl Merritt PERCS Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission 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 Quality 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 the Division of Water Quality 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 Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Daryl Merritt PERCS Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina-27699-1617 AND Roger C. Edwards, Regional Supervisor, Surface Water Protection. Section, Asheville Regional Office 2090 U.S. Hwy. 70 Swannanoa,N.C. 28778 OR 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings. 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 AND Mail or hand-deliver a copy of the petition to Mary Penny Thompson, Registered Agent Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 AND Daryl Merritt PERCS Unit Division of Water Quality - 1617 Mail Service Center Raleigh,NC 27699-1617 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. Please be advised that any continuing violation(s)may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact Jeff Menzel of the Asheville Regional Office at(828)296-4500. Roger . Edwards Water Quality Regional Supervisor Asheville Region Division of Water Quality ATTACHMENTS cc: Regional Supervisor w/attachments Public Information Officer PERCS Unit Enforcement File w/attachments Central Files w/attachments STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF MADISON TOWN OF HOT SPRINGS IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND HOT SPRINGS COLLECTION SYSTEM ) STIPULATION OF FACTS PERMIT NO.: WQCSDO086 ) FILE NO. DV-2010-0025 Having been assessed civil penalties totaling $4.067.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated March 15,2010,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 Quality with 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 JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV-2010-0025 County: MADISON Assessed Party: TOWN OF HOT SPRINGS Permit No.: WQCSDO086 Amount Assessed: $4,067.00 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 applies 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: w CL IL z y F s _ g � a>i o m s > w r z � 0 z LU 0 FF 0 o go N p > C O U) a m z n 0 U N fA O 01 9Q a O Q w j 0 Q ¢ O w t°- z w U E d yU) C E O � d � 0 U z F c a i a rn Q U s U) y a O o 0 Z 3 E U 0 U. w a3i a � 0 U) 0 to U) c a O V O M Z V) Z� RO CJ C 'z w R Ow F- O > o w O Q p CL zui o 0 a 1°0 NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary Division of Water Quality March 15,2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED ' 7007 1490 0004 0713 9103 Mr. Thomas E. Hartye Metropolitan Sewerage District of Buncombe County 2028 Riverside Drive Asheville,NC 28804-3054 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1) and Collection System Permit WQCS00004 Metropolitan Sewerage District of Buncombe County North Carolina MSD Buncombe County Collection System Case No. DV-2010-0024 Buncombe County Dear Mr. Hartye: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,567.00 ($2,500.00 civil penalty+$67.00 enforcement costs) against Metropolitan Sewerage District of Buncombe County. This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow(SSO) 5-Day Report submitted by Metropolitan Sewerage District of Buncombe County North Carolina. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00004 and G.S. 143-215.1(a)(1). The violation/s that occurred are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Metropolitan Sewerage District of Buncombe County North.Carolina violated the terms, conditions or requirements of Collection System Permit WQCS00004 and G.S. 143-215.1(a)(1) 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). SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollna Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 ry// Internet: www.ncwaterquality.org naturally An Equal Opportunity 1 Affirmative Action Employer SASWP\9uncombe\Collection Systems\MSD Collection System\DV-2010-0024.doc Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, :Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Metropolitan Sewerage District of Buncombe County North Carolina. $2,500.00 TOTAL CIVIL PENALTY $ 67.00 ENFORCEMENT COST $2,567.00 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 days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (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- Daryl Merritt PERCS Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 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 pulation 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 Quality 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; (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 the Division of Water Quality 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 Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Daryl Merritt PERCS Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 AND Roger C. Edwards, Regional Supervisor, Surface Water Protection Section.,Asheville Regional Office 2090 U.S. Hwy. 70 Swannanoa,N.C. 28778 OR 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received in-the-Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 AND Mail or hand-deliver a copy of the petition to Mary Penny Thompson,Registered Agent Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 AND Daryl Merritt PERCS Unit Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 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. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact Jeff Menzel of the Asheville Regional Office at(828)296-4500. Oger)C. Edwards, Regional Supervisor Water Quality Regional Supervisor Asheville Region Division of Water Quality ATTACHMENTS cc: PERCS Unit Enforcement File w/attachments Central Files w/attachments STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF BUNCOMBE METROPOLITAN SEWERAGE DISTRICT IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING STIPULATION OF FACTS MSD BUNCOMBE COUNTY ) COLLECTION SYSTEM ) PERMIT NO. WQCS00004 ) FILE NO. DV-2010-0024 Having been assessed civil penalties totaling$2,567.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated March. 1.5.2010,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 Quality with 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 i JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV-2010-0024 County: BUNCOMBE Assessed Party: METROPOLITAN SEWERAGE DISTRICT OF BUNCOMBE COUNTY Permit No.: WQCS00004 Amount Assessed: $2,567.00 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 applies. 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: -------- ---- .E w a IL o _ z m 0 J d O OI > L ycl v a N z O FW 00 m eo •c c E 0 0 A c U � .c m 0 Z Z O � V O CD U N O a E o F- O O W j N p Q m y Z < V Q 3 ° m U c c d r C a v_ •o U � O m > o � � v O ~ 3 c IL P U r 0 W N V) 0 0 � 3 H 'E J > U 0 LL UA ¢ y O Q O w d' U O O O Z r RO ° ZW R O� IL w w 0 a N j"� AT4 RUNK North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins - Dee Freeman Governor Director Secretary March 15, 2010 Karen E Andrews Town of Rutherfordton 129 N Main St Rutherfordton NC 28139 SUBJECT: Compliance Elvaluation Inspection Rutherfordton WWTP Permit No: NCO025909 Rutherford County Dear Ms. Andrews: Enclosed please find a copy of the Compliance Inspection conducted on February 19, 2010. The facility was found to be in Compliance with permit NC0025909. 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, Jeff nzel Environmental Specialist Enclosure cc: ORC, Jerry Alexander Central Files Asheville Files NoonLCarolina 2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 Naturallyc�/S:\SWP\Rutherford\Wastewater\Municipal\Rutherfordton WWTP 25909\CEI 02-19-10.doc ....._____.. .. . �- r_,. 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 11 N 2 3 NCO025909 91 12 10/02/19 17 18 c 19 S 20 I 5_I I I I I I_I Remarks 211 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1_1 "6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CA -------------—------------Reserved---------------------- 67) 169 701 31 711 j 72'NI 73� I 1 W 74 751 I I I I I I 180 Section B: Facility Data �t 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) 11:00 AM 10/02/19 08/12/01 Rutherfordton WWTP NC Hwy 221 Exit Time/Date Permit Expiration Date Rutherfordton NC 28139 12:00 PM 10/02/19 13/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Jerry Ross Alexander/ORC/864-237-1287/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Karen E Andrews,129 N Main St Rutherfordton NC 28139//828-287-3520/8282868054 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement Operations&Maintenance Self-Monitoring Program Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters Storm Water 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 Jeff Menzel ARO WQ//828-296-4500/ 3/1s /fo Signature of Management O A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards s5z ARO WQ//828-296-4500/ IL ZCto EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3I NC0025909 I11 12I 10/02/19 ( 17 181 _I Li Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The facility appears to be operating well. Improvements made recently to the digester and to the pH adjustment are expected to enhance the overall performance of the facility. No violations of permit requirements or applicable regulations were observed during this inspection. Page# 2 Permit: NCO025909 Owner-Facility: Rutherfordton WWTP Inspection Date: 02/19/2010 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: The grounds are well maintained. 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? ■ Cl ❑ ❑ Comment: Measures taken this winter to prevent the bar screen from freezing appeared to be working. Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Surface 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? ❑ ❑ ❑ ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ ■ Comment: The facility is now using a liquid caustic feed to adjust pH instead of using 200 Ibs of lime a week. This adjusment should produce less solids and allow for a savings in chemical cost. 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? ■ ❑ ❑ ❑ Page# 3 Permit: N00025909 Owner-Facility: Rutherfordton VVVVrP Inspection Date: 02/19/2010 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the site free of weir blockage? ■ ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ■ ❑ ❑ 0 Is scum removal adequate? ■ ❑ 0 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? ■ 0 ❑ ❑ Is the sludge blanket level acceptable?(Approximately%4 of the sidewall depth) ❑ ❑ ❑ ■ Comment: Aerobic Digester Yes No NA NE Is the capacity adequate? ■ ❑ 0 ❑ Is the mixing adequate? ■ ❑ ❑ ❑ Is the site free of excessive foaming in the tank? ■ ❑ ❑ ❑ #Is the odor acceptable? ■ ❑ ❑ ❑ #Is tankage available for properly waste sludge? ■ ❑ ❑ ❑ Comment: Decanting modifications recently made to the digester will allow for more sludge holding capacity and enhance overall plant performance. Disinfection-Gas Yes No NA NE Are cylinders secured adequately? ■ ❑ ❑ ❑ Are cylinders protected from direct sunlight? ■ ❑ ❑ ❑ Is there adequate reserve supply of disinfectant? ■ Cl ❑ ❑ 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? ■ ❑ ❑ ❑ Does the Stationary Source have more than 2500 Ibs of Chlorine(CAS No.77K-50-5)? Cl ❑ ■ ❑ 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? Comment: The operator stated that the facility is making the initial steps towards a switch from chlorine gas to a liquid bleach/S02. Page# 4 Permit: NCO025909 Owner-Facility: Rutherfordton WWTP Inspection Date: 02/19/2010 Inspection Type: Compliance Evaluation Effluent Sampling Yes No NA NE Is composite sampling flow proportional? 011011 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 Celsius)? ■.❑ ❑ ❑ Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ■ ❑ ❑ ❑ Comment: The flow meter was calibrated on 2/11/10. Upstream/Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit(frequency,sampling type,and sampling location)? ■ ❑ ❑ ❑ Comment: The effluent did not appear to have an observable impact on the receiving stream. 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: Standby Power Yes No NA NE Is automatically activated standby power available? ■ ❑ 110 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: According to the operator the generator is exercised every Monday and is tested under load once per month. i Page# 5 I' — — !'A NCDENR North Carolina Department of Environment and Natural Resources . _ ...._... .......... .:...... .... Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary SURFACE WATER PROTECTION March 16, 2010 Melinda S. Keever Davis Civil Solutions, P.A. 134-A Charlotte Highway Asheville, N.C. 28803 Subject: Return of Incomplete Fast Track Sewer Extension Application The Vistas at Champion Hills Henderson County Dear Ms. Keever: Our office has conducted a preliminary review of the subject permit application package and has found that information on the application needs correcting before we may continue our review. Please be aware that you are responsible for meeting all requirements set forth in North Carolina rules and regulations. Any omissions made in responding to the items may result in future requests for additional information. 1. Part E, Downstream Sewer, WWTF Capacity and Flow Tracking/Acceptance—Attachment(Form FTSE 10/07 ) states "The applicant(and owners of downstream sewers, pump stations and/or treatment facilities submitting FORM FTSE-10/07) certifies that the addition of the volume of wastewater to be permitted in this project has been evaluated along with the route to the receiving treatment plant, and that the flow from this project will not cause capacity related sewer sanitary sewer overflows or overburden any downstream pump station en route to the receiving wastewater treatment plant........ Part E was not received in the application packet for the proposed project. Thank you for your cooperation and if you have any questions, please do not hesitate to call me at 828/296-4500. Sincerely, &JJ/M,V� Donald R. Price, CET WWTP Consultant Enclosure Cc: Saeed Assadzandi, General Manager, Champion Hills Property Owners Association S1SWMHenderson\Collection SyslemsThampion Hills Collection SvstemtApplicalion Return-The Vistas at Champion Hills doc SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One 1 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarOlina Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 y+ // Internet: www.ncwaterquality.org Nato[aifff An Equal Opportunity 1 Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION March 16, 2010 Ms. Sue Nations Jackson County Board of Education 398 Hospital Road Sylva, NC 28779 SUBJECT: Compliance Evaluation Inspection Blue Ridge School WWTP Permit No: NCO066958 Jackson County Dear Ms.Nations Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on March 5, 2010. The facility was found to be in compliance with permit NC0066958. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, WAO Wanda P. Frazier Environmental Specialist Enclosure cc: Mark Teague, Env. Inc. Central Files - Asheville Files S:\SWP\Jackson\Wastewater\Minors\Blue Ridge School 66958\CEI.03-05-10.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 NorthCarolina Phone: (828)296-4500\FAX: (828)299-7043\Customer Service: 1-877-623-6748 ;Vaturalllf Internet:www.ncwaterguality.org .jf9, 1=� j-_-. United States Environmental Protection Agency Form Approved. E p n 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 I NI 2 ' 51 31 N00066958 Ill 121 10/03/05 117 181 cl 191 sl 20I lI Remarks 211111111111111III IIII Ill IIIII I I I I I I I I I I I I IIJIIIill Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA --------------------------Reserved-------------------- 67 l 1.o 169 70131 711 l 72 l N I 73Iw 174 751 I I l I I l l 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) 10:30 AM 10/03/05 07/12/01 Blue Ridge School NC Hwy 107 Exit Time/Date Permit Expiration Date Glenville NC 28736 11:06 AM 10/03/05 12/10/31 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 Contacted Sue Nations,398 Hospital Rd Sylva NC 28779//828-586-2311/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance 0 Records/Reports 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 Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ 15,2010 Signature of Management Q A Reviewer / Agency/Office/Phone and Fax Numbers Date yJ v EPA Form 3560-3(Rev9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 1 3I NCO066958 I11 12I 10/03/05 117 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The Jackson Co BOE Blue Ridge School WWTP is a Class II facility rated as a 0.01 MGD extended aeration WWTP with: 1,000 gallon holding tank; manual bar screen; aeration basin with two blowers providing diffused air; clarifier with sludge return; (no sludge holding digestor) tablet chlorinator; chlorine contact chamber; and tablet dechlorinator unit PERMIT/INSPECTION /LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 6-30-2009 by Wanda Frazier. The permit expires on 10-31-2012. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The daily operator log was present on-site and had good notation of daily events, process control and field testing data. TREATMENT UNITS/ PROCESS CONTROL TESTING DATA: The activated sludge aeration basin process control data was as follows: Temperature = 7.7 degrees Celsius pH = 7.1 units Dissolved Oxygen =5.6 mg/1 Tip: The ideal level for dissolved oxygen in the aeration basin is generally 1 to 3 mg/l. Seasonal changes in temperature require the adjustment of the aeration timer to achieve ideal dissolved oxygen levels. Settleable Solids = 640 ml/I = 64% EFFLUENT: The effluent data was as follows: Dissolved Oxygen = 7.4 mg/I pH = 6.7 units Temperature = 5.4 degrees Celsius Chlorine =40 ug/I OPERATIONS AND MAINTENANCE/ EFFLUENT/SUMMARY: Page# 2 Permit: NCO066958 Owner-Facility: Blue Ridge School Inspection Date: 03/05/2010 Inspection Type: Compliance Evaluation Mr. Mark Teague, ORC, assisted in the inspection and appears to be operating and maintaining the facility very well. The effluent appeared to be in compliance with permit limits. SYSTEM PERFORMANCE ANNUAL REPORT: The System Performance Annual Performance Report had been filed for the 2008-2009 fiscal year by Water Quality Labs and Operations, Inc. Note: According to the Clean Water Act of 1999 (House Bill 1160),the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment works'and collection system's performance over a 12 month period.) Report Format: The following is provided as guidance to assist you in meeting this aspect of the new reporting requirements. The law states the above mentioned report shall summarize the performance of the treatment works or collection system and state the extent to which any terms of its permit, federal laws, or any State laws, regulations or rules related to the protection of water quality have been violated. In order to meet the spirit of this law, it is strongly suggested that, at a minimum, the reports contain the following information: -' I. General Information • Name of regulated entity and county • Responsible entity, person or contact with phone number or address • Listing of applicable permit(s)- NPDES and Collection System permits, etc. (Note: water plant wastewater dischargers are exempt) • Description of collection or treatment system or process II. Performance • Description of overall 12-month performance, noting highlights and deficiencies. • By month, list of the number and type of any violations of permit conditions, environmental regulations or environmental laws, including (but not limited to): Permit Limit Violations- list by month and type Monitoring and Reporting Violations-i.e. NOVs and Civil Assessments (Illegal) Bypass of treatment facilities` Sanitary Sewer Overflows (SSOs)*- Dates of SSOs*, Press Releases & Public Notices (*Note the estimated total monthly volumes and locations of events in which more Page# 3 Permit: NCO066958 Owner-Facility: Blue Ridge School Inspection Date: 03/05/2010 Inspection Type: Compliance Evaluation -than 1,000 gallons of waste reached surface waters. • Description of any known environmental impact of violations • Description of corrective measures taken to address violations or deficiencies III. Notification • Statement as to how users or customers have been provided access to the report. IV. Certification • Statement by a responsible official certifying the report is accurate and complete. It shall be left to the individual applicable entities to decide both how much detail above minimum they wish to provide in the report and how they will provide the report to their users or customers. This law was established to provide a mechanism for public oversight (and hopefully, to instill public confidence). Those entities that fall under the scope of this part of the law are encouraged to be forthcoming in their report and they should provide its readers a contact where they may view more detailed information. To satisfy the Departmental reporting requirement, three copies of the report should be submitted to the following address: System Performance Annual Report North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Annual reports must be submitted within 60 days of the end of the applicable 12-month review period. You may base your report on either a calendar year or a fiscal year(July 1 —June 30) time frame. Page# 4 Permit: NCO066958 Owner-Facility: Blue Ridge School Inspection Date: 03/05/2010 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? ❑ ■ 0 0 Is access to the plant site restricted to the general public? ■ n n ❑ Is the inspector granted access to all areas for inspection? ■ n n ❑ Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge ■ n ❑ ❑ Judge,and other that are applicable? Comment: 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 or syphons operating properly? ❑ ❑ ■ ❑ Are high and low water alarms operating properly? ❑ ❑ ■ ❑ Comment: This 1,000 gallon concrete holding tank serves as a flow equalization basin. Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical ❑ Are the bars adequately screening debris? ■ n ❑ ❑ Is the screen free of excessive debris? ■ ❑ n n Is disposal of screening in compliance? ■ ❑ ❑ ❑ Is the unit in good condition? ■ ❑ ❑ ❑ Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ ❑ ❑ ❑ Page# 5 Permit: NCO066958 Owner-Facility: Blue Ridge School Inspection Date: 03/05/2010 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Are surface aerators and mixers operational? n n ■ ❑ Are the diffusers operational? n n n Is the foam the proper color for the treatment process? ■ n n Does the foam cover less than 25%of the basin's surface? ■ n n Is the DO level acceptable? ■ n n n Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ 0 n Comment: DO was 5.6 mg/1 Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ■ n Are weirs level? ■ n n n Is the site free of weir blockage? ■ n n Is the site free of evidence of short-circuiting? ■ fl n n Is scum removal adequate? ■ ❑ ❑ n Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? ❑ n ■ n Is the return rate acceptable(low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable?(Approximately'/of the sidewall depth) ■ n n n Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ Cl n n Are the tablets the proper size and type? ■ n ❑ Q Number of tubes in use? 2 Is the level of chlorine residual acceptable? ■ ❑ ❑ Is the contact chamber free of growth,or sludge buildup? ■ ❑ n n Is there chlorine residual prior to de-chlorination? ■ n n n Comment: De-chlorination Yes No NA NE Type of system? Tablet Page# 6 Permit: NC0066958 Owner-Facility: Blue Ridge School Inspection Date: 03/05/2010 Inspection Type:.Compliance Evaluation De-chlorination Yes No NA NE Is the feed ratio proportional to chlorine amount(1 to 1)? ■ n n n Is storage appropriate for cylinders? ❑ ❑ ■ n #Is de-chlorination substance stored away from chlorine containers? ❑ n ■ Comment: Are the tablets the proper size and type? ■ ❑ ❑ ❑ Are tablet de-chlorinators operational? ■ n ❑ ❑ Number of tubes in use? 2 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? ■ ❑ ❑ n If effluent (diffuser pipes are required) are they operating properly? n n ■ n Comment: Page# 7 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION March 16, 2010 Mr. R. Belvin Hall, Assistant Director Buncombe County Board of Education Maintenance Department 175 Bingham Road Asheville NC 28806 SUBJECT: Compliance Sampling Inspection Leicester Elementary School WWTP Permit No: NCO066796 Buncombe County Dear Mr. Hall: Enclosed please find a copy of the Compliance Sampling Inspection form from the inspection conducted on March 4, 2010. The facility was found to be in compliance with permit NC0066796. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, --X ec�i Wanda P. Frazier Environmental Specialist Enclosure cc: Bob Barr, RPB Systems Inc. Central Files Asheville Files S:\SWP\Buncombe\Wastewater\Minors\Leicester Elementary 66796\CSI.3-4-10.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE ne Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NoOrthCarolina Phone: (828)296-45001 FAX: (828)299-7043\Customer Service: 1-877-623-6748 Nahlraffil Internet:www.ncwatergualitV.org 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 I NI 2 I SI 31 NCO066796 111 121 10/03/04 117 181 SI 19I SI 201 I Remarks 211 111 IIIII1II IIIIIIII IIIIIIII11111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -----------—-----—-------Reserved------------------- 67 I 1.0 169 701 31 711 I 721 NJ 73 I I I 74 751 _1 I I I I Li Section B: Facility Data w 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) Leicester Elementary School 11:45 AM 10/03/04 06/02/01 NCSR 1615 Gilbert Rd Exit Time/Date Permit Expiration Date Leicester NC 28748 12:15 PM 10/03/04 10/12/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Kenneth Garey Henson/ORC/828-251-1900/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Operations&Maintenance 0 Records/Reports 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 Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date ZZ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 1 3I NCO066796 I11 12I 10/03/04 117 18I s I Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The Buncombe County Board of Education - Leicester Elementary School WWTP is a Class I facility rated as 0.0057 MGD septic tank.—sand I'ter WWTP consisting of: a 10,000 gallon septic tank; 3,000 gallon dosing tank with dual siphons; surface sand filter; tablet chlorinator; chlorine contact chamber; and dechlorination unit PERMIT/ INSPECTION /LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 11-17-08 by Wanda Frazier. The permit expires on 12-31-2010. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The daily operator log was present on-site and had good notation of daily events, process control and field testing data. Recent snow storm damage to the fence, by fallen tree limbs, had been repaired. EFFLUENT: There was no discharge at the time of the inspection. School was closed due to inclement weather. OPERATIONS AND MAINTENANCE/ EFFLUENT/SUMMARY: Mr. Ken Henson, ORC, assisted in the inspection and appears to be operating and maintaining the facility very well. SYSTEM PERFORMANCE ANNUAL REPORT: The System Performance Annual Performance Report had been filed for the calendar year 2008 by RPB Systems, Inc. The System Performance Annual Report, for 2009, is due no later than 60 days of the end of the reporting period. Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment works' and collection system's performance over a 12 month period.) Page# 2 Permit: NCO066796 Owner-Facility: Leicester Elementary School Inspection Date: 03/04/2010 Inspection Type: Compliance Sampling Report Format: The following is provided as guidance to assist you in meeting this aspect of the new reporting requirements. The law states the above mentioned report shall summarize the performance of the treatment works or collection system and state the extent to which any terms of its permit, federal laws, or any State laws, regulations or rules related to the protection of water quality have been violated. In order to meet the spirit of this law, it is strongly suggested that, at a minimum, the reports contain the following information: I. General Information • Name of regulated entity and county • Responsible entity, person or contact with phone number or address • Listing of applicable permit(s)— NPDES and Collection System permits, etc. (Note: water plant wastewater dischargers are exempt) • Description of collection or treatment system or process ll. Performance • Description of overall 12-month performance, noting highlights and deficiencies. • By month, list of the number and type of any violations of permit conditions, environmental regulations or environmental laws, including (but not limited to): Permit Limit Violations—list by month and type Monitoring and Reporting Violations—i.e. NOVs and Civil Assessments (Illegal) Bypass of treatment facilities* Sanitary Sewer Overflows (SSOs)*- Dates of SSOs*, Press Releases & Public Notices (*Note the estimated total monthly volumes and locations of events in which more than 1,000 gallons of waste reached surface waters. • Description of any known environmental impact of violations • Description of corrective measures taken to address violations or deficiencies Ill. Notification • Statement as to how users or customers have been provided access to the report. IV. Certification • Statement by a responsible official certifying the report is accurate and complete. It shall be left to the individual applicable entities to decide both how much detail above minimum they wish to provide in the report and how they will provide the report to their users or customers. This law was established to provide a mechanism for public oversight (and hopefully, to instill public confidence). Those entities that fall under the scope of this part of the.law are encouraged to be forthcoming in their report and they should provide its readers a contact where they may view more detailed information. Page# 3 Permit: NCO066796 Owner-Facility: Leicester Elementary School Inspection Date: 03/04/2010 Inspection Type: Compliance Sampling To satisfy the Departmental reporting requirement, three copies of the report should be submitted to the following address: System Performance Annual Report North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Annual reports must be submitted within 60 days of the end of the applicable 12-month review period. You may base your report on either a calendar year or a fiscal year(July 1 —June 30) time frame. Page# 4 Permit: NCO066796 Owner-Facility: Leicester Elementary School Inspection Date: 03/04/2010 Inspection Type: Compliance Sampling Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ n ■ O Is the facility as described in the permit? ■ n n n #Are there any special conditions for the permit? n ■ 171 Is access to the plant site restricted to the general public? ■ n ❑ ❑ Is the inspector granted access to all areas for inspection? ■ n n n Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge ❑ n ■ ❑ Judge,and other that are applicable? Comment: Septic Tank Yes No NA NE (If pumps are used) Is an audible and visual alarm operational? ■ n n ❑ Is septic tank pumped on a schedule? ■ ❑ ❑ F1 Are pumps or syphons operating properly? ■ ❑ n n Are high and low water alarms operating properly? ■ n n ❑ Comment: Sand Filters (Low rate) Yes No NA NE (If pumps are used) Is an audible and visible alarm Present and operational? n ❑ ■ Is the distribution box level and watertight? ■ n Cl ❑ Is sand filter free of ponding? ■ n ❑ [1 Is the sand filter effluent re-circulated at a valid ratio? Cl ■ ❑ n #Is the sand filter surface free of algae or excessive vegetation? ■ n rl n #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) ❑ Q ■ Comment: WWTP is rated as 0.0057 MGD septic tank—sand filter system consisting of: a 10,000 gallon septic tank; 3000 gallon dosing tank with dual siphons; surface sand filter; tablet chlorinator; chlorine contact chamber; and dechlorination unit. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ n ❑ n Are the tablets the proper size and type? ■ ❑ ❑ n Number of tubes in use? 1 Page# 5 Permit: NC0066796 Owner-Facility: Leicester Elementary School Inspection Date: 03/04/2010 Inspection Type: Compliance Sampling Disinfection-Tablet _ Yes No NA NE Is the level of chlorine residual acceptable? ■ ❑ Cl n Is the contact chamber free of growth,or sludge buildup? ■ n n n Is there chlorine residual prior to de-chlorination? ■ ❑ n n Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ ❑ Is storage appropriate for cylinders? n n ■ n #Is de-chlorination substance stored away from chlorine containers? n n ■ n Are the tablets the proper size and type? ■ n n n Comment: Chlorination to dechlorination feed ratio is 1 to 3. Are tablet de-chlorinators operational? ■ n n n Number of tubes in use? 3 Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n 00 Are the receiving water free of foam other than trace amounts and other debris? ■ n n n If effluent (diffuser pipes are required) are they operating properly? n ❑ ■ n Comment: Page# 6 .Q:2:2� .MMMMa NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION March 16, 2010 Mr. George Shook, Jr. Wildcat Cliffs Country Club 770 Country Club Drive Highlands, NC 28741 SUBJECT: Compliance Evaluation Inspection Wildcat Cliffs Country Club WWTP Permit No: NCO075612 Macon County Dear Mr. Shook: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on March 5, 2010. The facility was found to be in compliance with permit NC0075612. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, G'V ?" C40 C Wanda P. Frazier Environmental Specialist Enclosure cc: Mark Teague, Env. Inc. Central Files Asheville File S:\SWP\Macon\Wastewater\Minors\Wildcat Cliffs 75612\CE1.3-5-10.doc -' SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 NorthCarolina Phone: (828)296-45001 FAX: (828)299-70431 Customer Service: 1-877-623-6748 Naturally Internet:www.ncwatergualitV.org United States Environmental Protection Agency Form Approved. E n A 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 INI 2 I5I 31 N00075612 Ill 121 10/03/05 117 18IcI 19ISI 201 Remarks 211III IIIIIIIIIIII1III IIII illI IIIIIIIIIIIIIIIIII16 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----------------------Reserved------—------------ 67I 1.0 169 701 31 711 I 721 NJ 73I ' 174 711 I I I I I I 180 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) 11:15 AM 10/03/05 07/12/01 Wildcat Cliffs Country Club WWTP US Hwy 64 Exit Time/Date Permit Expiration Date Highlands NC 28741 12:50 PM 10/03/05 12/11/30 Name(s)of Onsite Representative(s)lTities(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 Contacted George Shook,770 Country Club Dr Highlands NC 28741//828-526-2165/ No -J Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Operations&Maintenance 0 Records/Reports 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 Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date L,1Z h 0 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 1 3I NCO075612 I11 12I 10/03/05 117 18Icl Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The Wildcat Cliffs Country Club WWTP is a Class II facility rated as a 0.05 MGD extended aeration WWTP consisting of two package plants The 35,000 gpd plant(#1) is the oldest plant. The 15,000 gpd plant(plant#2)was installed parallel to# plant 1, in 2001. The treatment units consist of: an influent bar screen; flow equalization basins; splitter box with slide gate; aeration basins; clarifiers with sludge returns; anthracite and sand tertiary filter cells with alarms; aerobic digestors; tablet chlorinator; chlorine contact chambers; tablet de-chlorination unit; Sigma 900 refrigerated composite sampler; and emergency standby generator. PERMIT/INSPECTION/LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 6-30-09 by Wanda Frazier. The permit expires on 11-30-2012. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The daily operator log was present on-site and had good notation of daily events, process control and field testing data. TREATMENT UNITS/PROCESS CONTROL TESTING DATA: The activated sludge aeration basin process control data was as follows: Temperature= 6.4 degrees Celsius pH = 6.8 units Dissolved Oxygen = 8.7 mg/I Tip: The ideal level for dissolved oxygen in the aeration basin is generally 1 to 3 mg/I. Seasonal changes in temperature require the adjustment of the aeration timer to achieve ideal dissolved oxygen levels. Settleable Solids = 300 ml/I = 30% Tip: Using the settleability test, the return sludge pumping rate is usually set so that the flow rate is approximately equal to the percentage volumes occupied by the settleable solids from the aeration basin after settling for 30 minutes in a settleometer. For example, a settleability of 30%would generally indicate a recommended return sludge pumping rate of 30%. Having the percent settleable solids (i.e. 30%)the same as the percent return sludge pumping rate (i.e. 30%), allows for the solids balance in the plant to be maintained. If the plant cannot handle that return sludge pumping rate, then wasting is probably recommended, unless the sludge is too young. Page# 2 Permit: NCO075612 Owner-Facility: Wildcat Cliffs Country Club WWTP Inspection Date: 03/05/2010 Inspection Type: Compliance Evaluation TERTIARY FILTER: The anthracite and sand tertiary filter cells are currently out of service so that they may be refurbished with new media. EFFLUENT: The effluent data was as follows: pH = 6.85 units Temperature = 1.3 degrees Celsius Chlorine = 37 ug/I OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY: Mr. John Impagliatelli, Director of Maintenance, assisted in the inspection and discusssion of the deemed permitted collection system requirements meeting. Mr. Mark Teague, ORC, assisted in the inspection and appears to be operating and maintaining the facility very well. The ORC is in ther process of installing a new blower. The 35,000 GPD plant is shut down due to low seasonal flows. The effluent appeared to be in compliance with permit limits. <' SYSTEM PERFORMANCE ANNUAL REPORT: The System Performance Annual Performance Report had been filed for the 2008-2009 fiscal year by Env. Inc. The System Performance Annual Report, for 2009-2010, is due no later than 60 days of the end of the reporting period. Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to Its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment works' and collection system's performance over a 12 month period.) Report Format: The following is provided as guidance to assist you in meeting this aspect of the new reporting requirements. The law states the above mentioned report shall summarize the performance of the Page# 3 Permit: NCO075612 Owner-Facility: Wildcat Cliffs Country Club WWTP Inspection Date: 03/05/2010 Inspection Type: Compliance Evaluation treatment works or collection system and state the extent to which any terms of its permit, federal laws, or any State laws, regulations or rules related to the protection of water quality have been violated. In order to meet the spirit of this law, it is strongly suggested that, at a minimum, the reports contain the following information: I. General Information • Name of regulated entity and county • Responsible entity, person or contact with phone number or address • Listing of applicable permit(s)—NPDES and Collection System permits, etc. (Note: water plant wastewater dischargers are exempt) • Description of collection or treatment system or process II. Performance • Description of overall 12-month performance, noting highlights and deficiencies. • By month, list of the number and type of any violations of permit conditions, environmental regulations or environmental laws, including (but not limited to): Permit Limit Violations— list by month and type Monitoring and Reporting Violations—i.e. NOVs and Civil Assessments (Illegal) Bypass of treatment facilities* Sanitary Sewer Overflows (SSOs)*- Dates of SSOs*, Press Releases & Public Notices (*Note the estimated total monthly volumes and locations of events in which more than 1,000 gallons of waste reached surface waters. • Description of any known environmental impact of violations • Description of corrective measures taken to address violations or deficiencies III. Notification • Statement as to how users or customers have been provided access to the report. IV. Certification • Statement by a responsible official certifying the report is accurate and complete. It shall be left to the individual applicable entities to decide both how much detail above minimum they wish to provide in the report and how they will provide the report to their users or customers. This law was established to provide a mechanism for public oversight(and hopefully, to instill public confidence). Those entities that fall under the scope of this part of the law are encouraged to be forthcoming in their report and they should provide its readers a contact where they may view more detailed information. To satisfy the Departmental reporting requirement, three copies of the report should be submitted to the following address: System Performance Annual Report North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Page# 4 Permit: NCO075612 Owner-Facility: Wildcat Cliffs Country Club WWfP Inspection Date: 03/05/2010 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? El n m n Is the facility as described in the permit? n n n #Are there any special conditions for the permit? n ■ n n Is access to the plant site restricted to the general public? n In ❑ Is the inspector granted access to all areas for inspection? n n n Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ n Judge,and other that are applicable? Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical In Are the bars adequately screening debris? n n n Is the screen free of excessive debris? ❑ n n Is disposal of screening in compliance? ❑ n In Is the unit in good condition? n n n Comment: Equalization Basins Yes No NA NE Is the basin aerated? ■ ❑ n n Is the basin free of bypass lines or structures to the natural environment? ■ n ❑ n Is the basin free of excessive grease? n n n Are all pumps present? n n Are all pumps operable? n n n Are float controls operable? n n ❑ Are audible and visual alarms operable? ■ In n n #Is basin size/volume adequate? n n n Comment: Page# 5 Permit: NCO075612 Owner-Facility: Wildcat Cliffs Country Club WWTP Inspection Date: 03/05/2010 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? ■ ❑ ❑ Q Are surface aerators and mixers operational? n n ■ Are the diffusers operational? ■ n n Is the foam the proper color for the treatment process? ■ ❑ ❑ fl Does the foam coverless than 25%of the basin's surface? ■ n n n Is the DO level acceptable? ■ F1 ❑ n Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ n n n Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? 1=1 n ■ Cl Are weirs level? ■ ❑ Q ❑ Is the site free of weir blockage? ■ ❑ n ❑ Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ n n n Is the site free of excessive floating sludge? ■ n ❑ ❑ Is the drive unit operational? n n ■ n Is the return rate acceptable(low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ■ ❑ n Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n n Are the tablets the proper size and type? ■ ❑ ❑ ❑ Number of tubes in use? 1 Is the level of chlorine residual acceptable? ■ n n n Is the contact chamber free of growth,or sludge buildup? ■ n n n Page# 6 Permit: NC0075612 Owner-Facility: Wildcat Cliffs Country Club VWWP Inspection Date: 03/05/2010 Inspection Type: Compliance Evaluation Disinfection-Tablet Yes No NA NE Is there chlorine residual prior to de-chlorination? ■ n n n Comment: De-chlorination Yes No NA NE Type of system? Is the feed ratio proportional to chlorine amount(1 to 1)? n ❑ ■ Is storage appropriate for cylinders? ❑ n ■ n #Is de-chlorination substance stored away from chlorine containers? ❑ n ■ Comment: Are the tablets the proper size and type? ■ n n n Are tablet de-chlorinators operational? ■ n n n Number of tubes in use? 2 Comment: Standby Power Yes No NA NE Is automatically activated standby power available? ■ ❑ n n Is the generator tested by interrupting primary power source? ■ ❑ n n Is the generator tested under load? ■ n n n Was generator tested&operational during the inspection? ❑ ■ ❑ Do the generator(s)have adequate capacity to operate the entire wastewater site? ■ n ❑ n Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ n n n Is the generator fuel level monitored? ■ n n n Comment: Allan Dearth &Sons Generator Sales & Service, Inc. takes care of the generator. It self-tests every Monday.morning at 7 am. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n fl n Are the receiving water free of foam other than trace amounts and other debris? ■ n n n If effluent (diffuser pipes are required) are they operating properly? n n ■ n Comment: Page# 7 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION March 16, 2010 Mr. R. Belvin Hall, Assistant Director Buncombe County Board of Education Maintenance Department 175 Bingham Road Asheville NC 28806 SUBJECT: Compliance Sampling Inspection North Buncombe Elementary WWTP Permit No: NCO073814 Buncombe County Dear Mr. Hall: Enclosed please find a copy of the Compliance Sampling Inspection form from the inspection conducted on March 4, 2010. The facility was found to be in compliance with permit NC0073814. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, \ Wanda P. Frazier Environmental Specialist Enclosure cc: Bob Barr, RPB Systems Inc. Central Files Asheville Files S:\SWP\Buncombe\Wastewater\Minors\North Bunc Elementary School 73814\CS1.3-4-10.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 NOrthCarolina Phone: (828)296-4500\FAX: (828)299-7043\Customer Service: 1-877-623-6748 ;V tm-all, Internet:www.ncwatergualitV•org j_... United States Environmental Protection Agency Form Approved. E P n�1 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 I NI 2 151 31 N00061182 111 121 10/03/04 1 17 181 S1 191 SI 201 Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 81 QA - ------------------Reserved------------------ 671 1.o 169 701 31 711 1 721 NJ 73 L U 74 751 I I I I 1 11 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) 10:00 AM 10/03/04 06/02/01 North Buncombe High School NCSR 1764 Exit Time/Date Permit Expiration Date Weaverville NC 28787 10:30 AM 10/03/04 10/12/31 Name(s)of Onsite Rep resentative(s)/Tities(s)/Phone and Fax Number(s) Other Facility Data Kenneth Garey Henson/ORC/828-251-1900/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit operations&Maintenance 0 Records/Reports 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 Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ 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. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 1 3) NCO061182 I11 12I 10/03/04 I17 18IS1 Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The Buncombe County Board of Education - North Buncombe High School WWTP is a Class II facility rated as a 0.025 MGD extended aeration WWTP with: a grease trap; manual bar screen; 20,000 gallon flow equalization basin with duplex grinder pumps & air diffusers &simplex 80 scfm blower; aeration basin; clarifier with sludge return; aerobic digestor; tablet chlorinator; chlorine contact chamber; dechlorinator; post aeration; an effluent Isco bubbler flow meter (model 4230)with battery back-up; and a standby emergency generator. PERMIT/INSPECTION/LOG: A review of the files indicates that the last Bioassay compliance evaluation inspection was conducted on 1-26-2010 by Jeff Menzel. The permit expires on 12-31-2010. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The daily operator log was present on-site and had good notation of daily events, process control and field testing data. TREATMENT UNITS/PROCESS CONTROL/O & M: The treatment plant had recently been pumped. Settleable Solids = 500 ml/I = 50% EFFLUENT: Effluent sample results were as follows: BOD = (no data available; lab incubator temporarily out of service) TSS = 20 mg/I* *The chlorinator to dechlorinator feed ratio was 1 to 3. There were visible solids from the deterioration of dechlorination tablets in the effluent. It is recommended that the feed ratio be approximately 1 to 1. This should decrease bioassay toxicity, as well. Fecal coliform = 1 (none detected) These samples indicate compliance with permit limits. OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY: Mr. Ken Henson, ORC, assisted in the inspection and appears to be operating and maintaining the facility very well. Page# 2 Permit: NCO061182 Owner-Facility: North Buncombe High School Inspection Date: 03/04/2010 Inspection Type: Compliance Sampling The effluent appeared to be in compliance with permit limits. EMERGENCY STAND-BY GENERATOR: A fallen tree from a snow storm recently damaged the emergency stand-by generator and fence. The fence had been repaired. The generator is temporarily out of service until repairs can be completed. SYSTEM PERFORMANCE ANNUAL REPORT: The System Performance Annual Performance Report had been filed for the calendar year 2008 by RPB Systems Inc. Annual reports must be submitted within 60 days of the end of the applicable 12-month review period. You may base your report on either a calendar year or a fiscal year(July 1 —June 30) time frame. Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment works' and collection system's performance over a 12 month period.) Report Format: The following is provided as guidance to assist you in meeting this aspect of the new reporting requirements. The law states the above mentioned report shall summarize the performance of the treatment works or collection system and state the extent to which any terms of its permit, federal laws, or any State laws, regulations or rules related to the protection of water quality have been violated. In order to meet the spirit of this law, it is strongly suggested that, at a minimum, the reports contain the following information: I. General Information • Name of regulated entity and county • Responsible entity, person or contact with phone number or address • Listing of applicable permit(s)—NPDES and Collection System permits, etc. (Note: water plant wastewater dischargers are exempt) • Description of collection or treatment system or process ll. Performance • Description of overall 12-month performance, noting highlights and deficiencies. • By month, list of the number and type of any violations of permit conditions, environmental regulations or environmental laws, including (but not limited to): Page# 3 Permit: NCO061182 Owner-Facility: North Buncombe High School Inspection Date: 03/04/2010 Inspection Type: Compliance Sampling Permit Limit Violations—list by month and type Monitoring and Reporting Violations—i.e. NOVs and Civil Assessments (Illegal) Bypass of treatment facilities* Sanitary Sewer Overflows (SSOs)*- Dates of SSOs*, Press Releases & Public Notices (*Note the estimated total monthly volumes and locations of events in which more than 1,000 gallons of waste reached surface waters. • Description of any known environmental impact of violations • Description of corrective measures taken to address violations or deficiencies 111. Notification • Statement as to how users or customers have been provided access to the report. IV. Certification • Statement by a responsible official certifying the report is accurate and complete. It shall be left to the individual applicable entities to decide both how much detail above minimum they wish to provide in the report and how they will provide the report to their users or customers. This law was established to provide a mechanism for public oversight(and hopefully, to instill public confidence). Those entities that fall under the scope of this part of the law are encouraged to be forthcoming in their report and they should provide its readers a contact where they may view more detailed information. To satisfy the Departmental reporting requirement, three copies of the report should be submitted to the following address: System Performance Annual Report North Carolina Division of Water Quality - 1617 Mail Service Center Raleigh, NC 27699-1617 Page# 4 Permit: NCO073814 Owner-Facility: North Buncombe Elementary School Inspection Date: 03/04/2010 Inspection Type: Compliance Sampling Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge ■ D fl [1 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? Cl ■ ❑ Cl Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanicai ❑ Are the bars adequately screening debris? ■ ❑ ❑ ❑ Is the screen free of excessive debris? ■ ❑ ❑ ❑ Is disposal of screening in compliance? ■ ❑ n ❑ Is the unit in good condition? ■ ❑ ❑ ❑ Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ Cl ❑ ❑ 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? ■ ❑ n n Is the DO level acceptable? ■ ❑ 0 ❑ _ Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ Q ❑ Q Page# 5 Permit: NC0073814 Owner-Facility: North Buncombe Elementary School Inspection Date: 03/04/2010 Inspection Type: Compliance Sampling Aeration Basins Yes No NA NE Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ n ■ ❑ Are weirs level? ■ fl f=1 n Is the site free of weir blockage? ■ n n f_1 Is the site free of evidence of short-circuiting? n n n Is scum removal adequate? ■ fl n n Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? n ❑ ■ n Is the return rate acceptable(low turbulence)? ■ n ❑ n Is the overflow clear of excessive solids/pin floc? ■ n n 1F11 Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ■ n 1=l n Comment: i Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n n Are the tablets the proper size and type? ■ n ❑ n Number of tubes in use? 2 Is the level of chlorine residual acceptable? ■ n n n Is the contact chamber free of growth,or sludge buildup? ■ n ❑ Is there chlorine residual prior to de-chlorination? ■ n ❑ n Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? n ❑ ■ n Is storage appropriate for cylinders? n n ■ n #Is de-chlorination substance stored away from chlorine containers? n n ■ n Are the tablets the proper size and type? ■ n n n Comment: Chlorination to dechlorination feed ratio was 2 to 3. Are tablet de-chlorinators operational? ■ fl f 1 n Page# 6 Permit: NCO073814 Owner-Facility: North Buncombe Elementary School Inspection Date: 03/04/2010 Inspection Type: Compliance Sampling De-chlorination Yes No NA NE Number of tubes in use? 3 Comment: Standby Power Yes No NA NE Is automatically activated standby power available? ■ n n n Is.the generator tested by interrupting primary power source? ■ n n n Is the generator tested under load? ■ ❑ n n Was generator tested&operational during the inspection? ■ n n n Do the generator(s)have adequate capacity to operate the entire wastewater site? ■ ❑ n n Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ n ❑ n Is the generator fuel level monitored? ■ n n n Comment: The fuel source is propane. The ORC regularly checks the fuel tank level. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ Cl ❑ 0 Are the receiving water free of foam other than trace amounts and other debris? ■ n ❑ n If effluent (diffuser pipes are required) are they operating properly? n n ■ 11 Comment: Page# 7 A-,... A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION March 16, 2010 Mr. R. Belvin Hall, Assistant Director Buncombe County Board of Education Maintenance Department 175 Bingham Road Asheville NC 28806 SUBJECT: Compliance Sampling Inspection North Buncombe High School WWTP Permit No: NCO061182 Buncombe County Dear Mr. Hall: Enclosed please find a copy of the Compliance Sampling Inspection form from the inspection conducted on March 4, 2010. The facility was found to be in compliance with permit NC0061182. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, -A� �;"407"� Wanda P. Frazier Environmental Specialist Enclosure cc: Bob Barr, RPB Systems Inc. Central Files Asheville Files S:\SWP\Buncombe\Wastewater\Minors\North Bunc High Sch 61182\CS1.3-4-10.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 NOrthCarolina Phone: (828)296-4500\FAX: (828)299-70431 Customer Service: 1-877-623-6748 )Vatzanallff Internet:www.ncwaterguality.org j-.,... United States Environmental Protection Agency Form Approved. E P n�1 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 INI 2 I5I 31 N00073814 Ill 121 10/03/04 117 18ISI 191SI 201 1 Remarks 211 1 1 1 11 1 1 1 1 1 1 1 1 1 1 I I I I I I I I I I I I I I I I I I I I I I 1 1 16 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ------------------------Reserved------— ---- 67 I 1.0 169 701 I 711 I 721 NJ 73 I I 174 751 III I I I 180 Section B: Facility Data W 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) 10:35 AM 10/03/04 06/02/01 North Buncombe Elementary School 251 Flat Creek Church Rd Exit Time/Date Permit Expiration Date Weaverville NC 28787 11:15 AM 10/03/04 10/12/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Kenneth Garey Henson/ORC/828-251-1900/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance N Records/Reports 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/OfficelPhone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ ��,� �,,,...... , -) C.ram' _,: /r •`7 'j � Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date D EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 1 3I NCO073814 (11 12I 10/03/04 1 " 18I S I Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The Buncombe County Board of Education - North Buncombe Elementary School WWfP is a Class II facility rated as.a 0.011 MGD extended aeration WWTP with: grease traps; manual bar screen; flow equalization basin; aeration basin with blowers providing diffused air; clarifier with sludge return; aerobic digestor; tablet chlorinator; chlorine contact chamber; tablet dechlorinator; effluent Isco bubbler 4230 flow meter with battery back-up; and emergency stand-by propane generator. PERMIT/INSPECTION /LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 4-9-09 by Wanda Frazier. The permit expires on 12-31-2010. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The daily operator log was present on-site and had good notation of daily events, process control and field testing data. TREATMENT UNITS/PROCESS CONTROL TESTING DATA: The activated sludge aeration basin process control data was as follows: Settleable Solids =400 ml/I =40% EFFLUENT: Effluent sample results were as follows: BOD = (no data available; lab incubator temporarily out of service) TSS = 8.3 mg/I Fecal coliform = 1 colonies/100 ml (none detected) These samples indicate compliance with permit limits. OPERATIONS AND MAINTENANCE/ EFFLUENT/SUMMARY: Mr. Ken Henson, ORC, assisted in the inspection and appears to be operating and maintaining the facility very well. The effluent appeared to be in compliance with permit limits. SYSTEM PERFORMANCE ANNUAL REPORT: Page# 2 Permit: NCO073814 Owner-Facility: North Buncombe Elementary School Inspection Date: 03/04/2010 Inspection Type: Compliance Sampling The System Performance Annual Performance Report had been filed for the calendar year 2008 by RPB Systems, Inc. The System Performance Annual Report, for 2009, is due no later than 60 days of the end of the reporting period. Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment works' and collection system's performance over a 12 month period.) Report Format: The following is provided as guidance to assist you in meeting this aspect of the new reporting requirements. The law states the above mentioned report shall summarize the performance of the treatment works or collection system and state the extent to which any terms of its permit, federal laws, or any State laws, regulations or rules related to the protection of water quality have been violated. In order to meet the spirit of this law, it is strongly suggested that, at a minimum, the reports contain the following information: I. General Information • Name of regulated entity and county • Responsible entity, person or contact with phone number or address • Listing of applicable permit(s)—NPDES and Collection System permits, etc. (Note: water plant wastewater dischargers are exempt) • Description of collection or treatment system or process )I. Performance • Description of overall 12-month performance, noting highlights and deficiencies. • By month, list of the number and type of any violations of permit conditions, environmental regulations or environmental laws, including (but not limited to): Permit Limit Violations—list by month and type Monitoring and Reporting Violations—i.e. NOVs and Civil Assessments (Illegal) Bypass of treatment facilities* Sanitary Sewer Overflows (SSOs)*- Dates of SSOs*, Press Releases & Public Notices (*Note the estimated total monthly volumes and locations of events in which more than 1,000 gallons of waste reached surface waters. • Description of any known environmental impact of violations • Description of corrective measures taken to address violations or deficiencies Page# 3 Permit: NCO073814 Owner-Facility: North Buncombe Elementary School Inspection Date: 03/04/2010 Inspection Type: Compliance Sampling 111. Notification • Statement as to how users or customers have been provided access to the report. IV. Certification • Statement by a responsible official certifying the report is accurate and complete. It shall be left to the individual applicable entities to decide both how much detail above minimum they wish to provide in the report and how they will provide the report to their users or customers. This law was established to provide a mechanism for public oversight (and hopefully, to instill public confidence).Those entities that fall under the scope of this part of the law are encouraged to be forthcoming in their report and they should provide its readers a contact where they may view more detailed information. To satisfy the Departmental reporting requirement, three copies of the report should be submitted to the following address: System Performance Annual Report North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Annual reports must be submitted within 60 days of the end of the applicable 12-month review period. You may base your report on either a calendar year or a fiscal year(July 1 —June 30) time frame. Page# 4 Permit: NCO061182 owner-Facility: North Buncombe High School Inspection Date: 03/04/2010 Inspection Type: Compliance Sampling Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n Cl M n Is the facility as described in the permit? O n n n #Are there any special conditions for the permit? n ■ n n Is access to the plant site restricted to the general public? ❑ In n Is the inspector granted access to all areas for inspection? n n n Comment: , . Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH,DO,Sludge ■ n n n Judge, and other that are applicable? Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical n Are the bars adequately screening debris? n ❑ n Is the screen free of excessive debris? n ❑ n Is disposal of screening in compliance? ❑ ❑ ❑ Is the unit in good condition? ❑ n n Comment: Equalization Basins Yes No NA NE Is the basin aerated? n Cl 0 Is the basin free of bypass lines or structures to the natural environment? n n n Is the basin free of excessive grease? n Cl n Are all pumps present? ❑ n n Are all pumps operable? ❑ n n Are float controls operable? n ❑ n Are audible and visual alarms operable? ❑ n Q #Is basin size/volume adequate? n n n Comment: Page# 5 . ..._. .. .._.__.__.... ._.___...... _ _ _ Permit: NCO061182 Owner-Facility: North Buncombe High School Inspection Date: 03/04/2010 Inspection Type: Compliance Sampling Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ n n n Are surface aerators and mixers operational? n n ■ n Are the diffusers operational? ■ rl n n Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25%of the basin's surface? ■ n n n Is the DO level acceptable? ■ n n n Is the DO level acceptable?(1.0 to 3.0 mg/I) ■ ❑ ❑ Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ n n Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ n ■ n Are weirs level? ■ nnn Is the site free of weir blockage? ■ nnn Is the site free of evidence of short-circuiting? ■ n n Cl Is scum removal adequate? ■ n n n Is the site free of excessive floating sludge? ■ ❑ n n Is the drive unit operational? n n ■ n Is the return rate acceptable(low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ n n Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ■ ❑ ❑ ❑ Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ n n Are the tablets the proper size and type? ■ nnn Number of tubes in use? 1 Is the level of chlorine residual acceptable? ■ n n n Is the contact chamber free of growth,or sludge buildup? ■ ❑ ❑ ❑ Page# 6 Permit: NCO061182 Owner-Facility: North Buncombe High School Inspection Date: 03/04/2010 Inspection Type: Compliance Sampling Disinfection-Tablet Yes No NA NE Is there chlorine residual prior to de-chlorination? ■ n ❑ n Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ Cl Is storage appropriate for cylinders? n n ■ n #Is de-chlorination substance stored away from chlorine containers? n n ■ n Are the tablets the proper size and type? ■ Cl n n Comment: The chlorination to dechlorination feed ratio is currently 1:3 Recommend reducing this to 1:1, for toxicity and TSS reasons. Are tablet de-chlorinators operational? ■ n 00 Number of tubes in use? 3 Comment: Standby Power Yes No NA NE Is automatically activated standby power available? n ■ n n Is the generator tested by interrupting primary power source? n n ■ n Is the generator tested under load? n n ■ n Was generator tested&operational during the inspection? n ■ n n Do the generator(s) have adequate capacity to operate the entire wastewater site? n n ■ n Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ n n n Is the generator fuel level monitored? n n n Comment: A fallen tree from a snow storm recently damaged the emergency stand-by generator and fence. The fence had been repaired. The generator is temporarily out of service until repairs can be completed. The fuel source is propane and is regularly checked by the ORC, as well as, school maintenance staff. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n n n Are the receiving water free of foam other than trace amounts and other debris? ■ n n n If effluent (diffuser pipes are required) are they operating properly? n n ■ n Comment: Page# 7 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 17, 2010 Mr. Bernard Norris Penson Town of Forest City PO Box 728 Forest City NC 28043-0728 Subject: NOTICE OF VIOLATION NOV-2010-LV-0028 Permit No. NCO025984 Forest City WWTP Rutherford County Dear Mr. Penson: A review of Forest City WWTP's monitoring report for October 2009 showed the following violations: Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day (20 Deg. C) - 10/31/09 25.5 mg/I 28.83 mg/l Monthly Concentration Average Exceeded Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Jeff Menzel If you should have any questions, please do not hesitate to contact Jeff Menzel at 828/296-4500. Sincerely, AZ�> ar Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: WQ Central Files Asheville Regional Files NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 S:\SWP\Rutherford\Wastewater\Municipal\Forest City WWTP 25984\NOV-2010-LV-0028-03-17-10.doc A' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION March 17, 2010 Mr. David Cull Cullasaja Homeowners' Association Inc. 1371 Cullasaja Club Drive Highlands, NC 28741 SUBJECT: Compliance Evaluation Inspection Cullasaja HOA Inc. WWTP Permit No: NCO064416 Jackson County Dear Mr. Cull: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on March 5, 2010. The facility was found to be in compliance with permit NC0064416. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: Mark Teague, Env. Inc. Central Files Asheville Files S:\SWP\Jackson\Wastewater\Minors\Cullasaja HOA 64416\CE1.3-5-10.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 NorthCaToll/ina Phone: (828)296-45001 FAX: (828)299-7043\Customer Service: 1-877-623-6748 Nati(Iral jf Internet:www.ncwateraualitv.orq 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 I NI 2 151 31 N00064416 Ill 121 10/03/05 117 181 CI 191 S1 201 1 Remarks - 211111 111111111111111111111111111111111111111 "1 1116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------—---------Reserved--------------------- 671 l.0 169 701 31 711 1 721 NJ 73 L1J 74 711 I I I I I I 180 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) 01:00 PM 10/03/05 07/11/01 Cullasaja WWTP 1371 Cullasaja Club Dr Exit Time/Date Permit Expiration Date Highlands NC 28741 02:50 PM 10/03/05 12/08/31 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 Contacted Daniel Almers,1371 Cullasaja Club Dr Highlands NC 28741//828-526-35 Nlo/ Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Operations&Maintenance N Records/Reports 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 Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ 4" �;) 4 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date 7/Z11 I h EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 ...-..._-... NPDES yr/mo/day Inspection Type (cont. 1 3I NCO064416 111 121 10/03/05 117 18N Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The Cullasaja Home Owners' Association Inc. WWTP is a Class II facility rated as a 0.150 MGD dual-train, activated sludge WWTP with: dual aeration basins; dual clarifiers with sludge return; aerobic digestors; multi-media (sand & anthracite) tertiary filters; five-day effluent holding pond; tablet chlorinator; chlorine contact chamber; tablet dechlorinator; and emergency standby generator. This development consists of—285 homes, golf course, community clubhouse and restaurant. The collection system consists of 5 lift stations and 3 influent Dakota pumps. There are no gravity lines, all are force mains. Individual homes have grinder pumps. PERMIT/ INSPECTION/LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 6-30-2009 by Wanda Frazier. The permit expires on 8-31-2012. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The daily operator log was present on-site and had good notation of daily events, process control and field testing data. TREATMENT UNITS/ PROCESS CONTROL TESTING DATA: The activated sludge aeration basin process control data was as follows: Temperature=4.3 degrees Celsius pH = 6.2 units Dissolved Oxygen = 9.3 mg/I Tip: The ideal level for dissolved oxygen in the aeration basin is generally 1 to 3 mg/I. Seasonal changes in temperature require the adjustment of the aeration timer to achieve ideal dissolved oxygen levels. Recommendations for installing a DO monitor to control DO and aeration levels, as an energy cost saving measure were discussed, since there are currently only 20-40 seasonal residents. Settleable Solids = 260 ml/I = 26% Tip: Using the settleability test, the return sludge pumping rate is usually set so that the flow rate is approximately equal to the percentage volumes occupied by the settleable solids from the aeration basin after settling for 30 minutes in a settleometer. For example, a settleability of 30%would generally indicate a Page# 2 Permit: NCO064416 Owner-Facility: Cullasaja WWrP Inspection Date: 03/05/2010 Inspection Type: Compliance Evaluation recommended return sludge pumping rate of 30%. Having the percent settleable solids (i.e. 30%)the same as the percent return sludge pumping rate (i.e. 30%, allows for the solids balance in the plant to be maintained. If the plant cannot handle that return sludge pumping rate, then wasting is probably recommended, unless the sludge is too young. TERTIARY FILTERS: The multi-media (sand & anthracite) tertiary filters were in operation and covered for the winter to prevent freezing. LAGOON: The five-day effluent holding pond appeared to be operating and properly maintained. Tree limbs and debris from recent snow storm damage has been cleaned up. EFFLUENT: The effluent data was as follows: pH = 6.56 units Temperature = 2.4 degrees Celsius Chlorine = 22 ug/I FLOW MEASUREMENT: The flow meter was calibrated on 8-13-2009. OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY: Mr. Lynn Long, HOA Manager, assisted with the inspection and was present during the deemed permitted collection system requirements meeting. Mr. Mark Teague, ORC, assisted in the inspection and appears to be operating and maintaining the facility very well. The effluent appeared to be in compliance with permit limits. SYSTEM PERFORMANCE ANNUAL REPORT: The System Performance Annual Performance Report had been filed for the 2008-2009 fiscal year by Env. Inc. The System Performance Annual Report, for 2009-2010, is due no later than 60 days of the end of the reporting period. Page# 3 Permit: NCO064416 Owner-Facility: Cullasaja WWTP Inspection Date: 03/05/2010 Inspection Type: Compliance Evaluation Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users-or customers and to the Department of Environment and Natural Resources that summarizes the treatment works' and collection system's performance over a 12 month period.) Report Format: The following is provided as guidance to assist you in meeting this aspect of the new reporting requirements. The law states the above mentioned report shall summarize the performance of the treatment works or collection system and state the extent to which any terms of its permit, federal laws, or any State laws, regulations or rules related to the protection of water quality have been violated. In order to meet the spirit of this law, it is strongly suggested that, at a minimum, the reports contain the following information: I. General Information •Name of regulated entity and county • Responsible entity, person or contact with phone number or address • Listing of applicable permit(s) — NPDES and Collection System permits, etc. (Note: water plant wastewater dischargers are exempt) • Description of collection or treatment system or process II. Performance • Description of overall 12-month performance, noting highlights and deficiencies. , • By month, list of the number and type of any violations of permit conditions, environmental regulations or environmental laws, including (but not limited to): Permit Limit Violations—list by month and type Monitoring and Reporting Violations— i.e. NOVs and Civil Assessments (Illegal) Bypass of treatment facilities* Sanitary Sewer Overflows (SSOs)* Dates of SSOs*, Press Releases & Public Notices (*Note the estimated total monthly volumes and locations of events in which more than 1,000 gallons of waste reached surface waters. • Description of any known environmental impact of violations • Description of corrective measures taken to address violations or deficiencies III. Notification • Statement as to how users or customers have been provided access to the report. IV. Certification • Statement by a responsible official certifying the report is accurate and complete. Page# 4 Permit: NCO064416 Owner-Facility: Cullasaja WWTP Inspection Date: 03/05/2010 Inspection Type: Compliance Evaluation It shall be left to the individual applicable entities to decide both how much detail above minimum they wish to provide in the report and how they will provide the report to their users or customers. This law was established to provide a mechanism for public oversight(and hopefully, to instill public confidence). Those entities that fall under the scope of this part of the law are encouraged to be forthco€riing in their report and they should provide its readers a contact where they may view more detailed information. To satisfy the Departmental reporting requirement, three copies of the report should be submitted to the following address: System Performance Annual Report North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Annual reports must be submitted within 60 days of the end of the applicable 12-month review period. You may base your report on either a calendar year or a fiscal year(July 1 —June 30) time frame. Page# 5 . ............._ . Permit: NCO064416 Owner-Facility: Cullasaja VWVTP Inspection Date: 03/05/2010 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? n n ■ n Is the facility as described in the permit? ■ fl n fl #Are there any special conditions for the permit? ❑ ■ fl Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n ❑ ❑ Comment: Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO, Sludge ■ ❑ n n Judge,and other that are applicable? Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical n Are the bars adequately screening debris? ■ ❑ ❑ 11 Is the screen free of excessive debris? ■ n Is disposal of screening in compliance? ■ ❑ ❑ ❑ Is the unit in good condition? ■ n n n Comment: Aeration Basins Yes No NA NE Mode of operation Type of aeration system Is the basin free of dead spots? ■ n ❑ n Are surface aerators and mixers operational? n ❑ ■ n Are the diffusers operational? ■ n n n Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25%of the basin's surface? ■ n n n Is the DO level acceptable? ■ ❑ n n Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ n n n Page# 6 Permit: NC0064416 Owner-Facility: Cullasaja WWTP Inspection Date: 03/05/2010 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ n ■ Are weirs level? ■ ❑ n Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? ■ n n ❑ Is scum removal adequate? ■ n ❑ n Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? n n ■ ❑ Is the return rate acceptable(low turbulence)? ■ ❑ n n Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable?(Approximately%<of the sidewall depth) ■ n n n Comment: - Sand Filters (Low rate) Yes No NA NE (If pumps are used) Is an audible and visible alarm Present and operational? ■ n n n Is the distribution box level and watertight? n n ■ n Is sand filter free of ponding? In n ■ n Is the sand filter effluent re-circulated at a valid ratio? n n ■ ❑ #Is the sand filter surface free of algae or excessive vegetation? n n ■ #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) n n ■ ❑ Comment: This system has a multi-media (sand & anthracite) tertiary filter,which was in operation and covered for the winter to prevent freezing. Lagoons Yes No NA NE Type of lagoons? Facultative #Number of lagoons in operation at time of visit? 1 Are lagoons operated in? #Is a re-circulation line present? n n ■ n Is lagoon free of excessive floating materials? ■ n ❑ ❑ Page# 7 Permit: NC0064416 Owner-Facility: Cullasaja WWTP Inspection Date: 03/05/2010 Inspection Type: Compliance Evaluation Lagoons Yes No NA NE #Are baffles between ponds or effluent baffles adjustable? ❑ ❑ ■ n Are dike slopes clear of woody vegetation? ■ n n n Are weeds controlled around the edge of the lagoon? ■ n n n Are dikes free of seepage? ■ n n n Are dikes free of erosion? ■ n n ❑ Are dikes free of burrowing animals? ■ n n n #Has the sludge blanket in the lagoon(s)been measured periodically in multiple locations? n n ■ n #If excessive algae is present, has barley straw been used to help control the growth? n n ■ n Is the lagoon surface free of weeds? ■ n ❑ n Is the lagoon free of short circuiting? ■ n n n Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n n Are the tablets the proper size and type? ■ n n n Number of tubes in use? 2 Is the level of chlorine residual acceptable? ■ ❑ n ❑ Is the contact chamber free of growth,or sludge buildup? ■ n n n Is there chlorine residual prior to de-chlorination? ■ n n n Comment: De-chlorination Yes No NA NE Type of system? Is the feed ratio proportional to chlorine amount(1 to 1)? ■ ❑ n n Is storage appropriate for cylinders? n n ■ n #Is de-chlorination substance stored away from chlorine containers? n n ■ n Comment: Are the tablets the proper size and type? ■ n ❑ n Are tablet de-chlorinators operational? ■ n n n Number of tubes in use? 2 Comment: Effluent Pipe Yes No NA NE Page# 8 Permit: NC0064416 Owner-Facility: Cullasaja VW TP Inspection Date: 03/05/2010 Inspection Type: Compliance Evaluation Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n 00 Are the receiving water free of foam other than trace amounts and other debris? ■ n In n If effluent (diffuser pipes are required) are they operating properly? n n ■ Comment: Page# 9 North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION March 17, 2010 Ms. Fredericka Flynt VZ Top Homeowners' Association Inc. 2216 Cumming Road - Augusta, GA 30904 SUBJECT: Compliance Evaluation Inspection VZ TOP HOA Inc. WWTP Permit No: NCO037711 Macon County Dear Ms. Flynt: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on March 5, 2010. The facility was found to be in compliance with permit NCO037711. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, V Wanda P. Frazier Environmental Specialist Enclosure cc: Mark Teague, Env. Inc. Central Files Asheville Files S:\SWP\Macon\Wastewater\Minors\VZ Top 37711\CEI.3-5-10.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S. Highway 70,Swannanoa, NC 28778 NOrthCarolina Phone: (828)296-4500\FAX: (828)299-7043\Customer Service: 1-877-623-6748 Xatutallry Internet:www.ncwater-.uality.org 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 INI 2 151 31 NCO037711 Ill 121 10/03/05 117 181CI 191SI 201 ,: Remarks 2111111111111111111111 Ill , 11111IIIIIIIIIIIIII11116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------------------Reserved------------------- 671 1.0 169 701 31 711 1 721 N1 73LU 74 751 I I 1 I I I 180 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) 03:10 PM 10/03/05 07/11/01 VZ TOP Homeowners Association WWTP Hudson Rd NCSR 1616 Exit Time/Date Permit Expiration Date Highlands NC 28741 03:30 PM 10/03/05 12/08/31 Name(s)of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Mark Fredrick Teague/ORC/828-293-9396/ Name,Address of Responsible OfficialfTitle/Phone and Fax Number Contacted Bland O'Conner,PO Box 1709 Highlands NC 28741//828-526-3021/8285268%27 0 Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Operations&Maintenance ■Records/Reports 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 Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ (�?' � �e"/ /W, "'2' O/D Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date & ; I ' �! J / ��1,_-_ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 1 3I NCO037711 I11 12� 10/03/05 117 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The VZ Top HOA Inc. WWTP is a Class II facility rated as a 0.028 MGD extended aeration tertiary WWTP with: aeration basin with blowers providing diffused air; clarifier with sludge return; dual tertiary filters (out of service); aerobic digestor; tablet chlorinator; chlorine contact chamber; tablet dechlorinator; post aeration; and flow measuring & recording device. PERMIT/INSPECTION / LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 6-30-2009 by Wanda Frazier. The permit expires on 8-31-2012. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The daily operator log was present on-site and had good notation of daily events, process control and field testing data. TREATMENT UNITS/ PROCESS CONTROL TESTING DATA/EFFLUENT: Due to the lack of seasonal residents and flow, the plant had been pumped down. There was no discharge at the time of the inspection. OPERATIONS AND MAINTENANCE/ EFFLUENT/SUMMARY: Mr. Mark Teaque, ORC, assisted in the inspection and appears to be operating and maintaining the facility very well SYSTEM PERFORMANCE ANNUAL REPORT: The System Performance Annual Performance Report had been filed for the 2008-2009 fiscal year by Env. Inc. The System Performance Annual Report, for 2009-2010, is due no later than 60 days of the end of the reporting period. Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment works' and collection system's performance over a 12 month period.) Report Format: Page# 2 Permit: NCO037711 Owner-Facility: VZ TOP Homeowners Association WWTP Inspection Date: 03/05/2010 Inspection Type: Compliance Evaluation The following is provided as guidance to assist you in meeting this aspect of the new reporting requirements. The law states the above mentioned report shall summarize the performance of the treatment works or collection system and state the extent to which any terms of its permit, federal laws, or any State laws, regulations or rules related to the protection of water quality have been violated. In order to meet the spirit of this law, it is strongly suggested that, at a minimum, the reports contain the following information: I. General Information • Name of regulated entity and county • Responsible entity, person or contact with phone number or address • Listing of applicable permit(s)—NPDES and Collection System permits, etc. (Note: water plant wastewater dischargers are exempt) • Description of collection or treatment system or process II. Performance • Description of overall 12-month performance, noting highlights and deficiencies. • By month, list of the number and type of any violations of permit conditions, environmental regulations or environmental laws, including (but not limited to): Permit Limit Violations— list by month and type Monitoring and Reporting Violations—i.e. NOVs and Civil Assessments (Illegal) Bypass of treatment facilities* Sanitary Sewer Overflows (SSOs)*- Dates of SSOs*, Press Releases & Public Notices (*Note the estimated total monthly volumes and locations of events in which more than 1,000 gallons of waste reached surface waters. • Description of any known environmental impact of violations • Description of corrective measures taken to address violations or deficiencies III. Notification • Statement as to how users or customers have been provided access to the report. IV. Certification • Statement by a responsible official certifying the report is accurate and complete. It shall be left to the individual applicable entities to decide both how much detail above minimum they wish to provide in the report and how they will provide the report to their users or customers. This law was established to provide a mechanism for public oversight (and hopefully, to instill public confidence). Those entities that fall under the scope of this part of the law are encouraged to be forthcoming in their report and they should provide its readers a contact where they may view more detailed information. To satisfy the Departmental reporting requirement, three copies of the report should be submitted to the following address: Page# 3 Permit: NCO037711 Owner-Facility: VZ TOP Homeowners Association wwrP Inspection Date: 03/05/2010 Inspection Type: Compliance Evaluation System Performance Annual Report North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Ann,-a! reports must be submitted within 60 days of the end of the applicable 12-monthreview . period. You may base your report on either a calendar year or a fiscal year(July 1 —June 30) time frame. Page# 4 Permit: NCO037711 Owner-Facility: VZ TOP Homeowners Association WVVFP Inspection Date: 03/05/2010 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? n ❑ ■ n Is the facility as described in the permit? ■ In n n #Are there,any special conditions for the permit? n ■ n n Is access to the plant site restricted to the general public? ■ In In In Is the inspector granted access to all areas for inspection? ■ n In n Comment: Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n 00 Does the facility analyze process control parameters,for ex: MLSS,MCRT,Settleable Solids, pH, DO,Sludge ■ In In In Judge, and other that are applicable? Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical Are the bars adequately screening debris? nn ■ n Is the screen free of excessive debris? nn ■ n Is disposal of screening in compliance? ■ n In In Is the unit in good condition? ■ In n n Comment: no flow Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? n n ■ n Are surface aerators and mixers operational? n n n Are the diffusers operational? ■ n n In Is the foam the proper color for the treatment process? n n ■ n Does the foam cover less than 25%of the basin's surface? n In ■ n Is the DO level acceptable? n n ■ n - Is the DO level acceptable?(1.0 to 3.0 mg/I) Fi n ■ n Page# 5 Permit: NC0037711 Owner-Facility: VZ TOP Homeowners Association WWTP Inspection Date: 03/05/2010 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Comment: no flow Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? n n ■ n Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n Are weirs level? ■ n n n Is the site free of weir blockage? n n ■ n Is the site free of evidence of short-circuiting? n n ■ n Is scum removal adequate? n n ■ n Is the site free of excessive floating sludge? n ❑ ■ Is the drive unit operational? n ❑ ■ n Is the return rate acceptable(low turbulence)? n n ■ n Is the overflow clear of excessive solids/pin floc? n n ■ n Is the sludge blanket level acceptable?(Approximately'/<of the sidewall depth) n ❑ ■ Comment: no flow Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n n Are the tablets the proper size and type? ■ n n n Number of tubes in use? 1 Is the level of chlorine residual acceptable? ❑ n ■ n Is the contact chamber free of growth,or sludge buildup? In n ■ n Is there chlorine residual prior to de-chlorination? ❑ ❑ ■ ❑ Comment: no flow De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? ■ n In n Is storage appropriate for cylinders? n n ■ n #Is de-chlorination substance stored away from chlorine containers? n n ■ n Are the tablets the proper size and type? ■ n ❑ n Comment: no flow Are tablet de-chlorinators operational? n n ■ n Page# 6 Permit: NC0037711 Owner-Facility: VZ TOP Homeowners Association WWTP Inspection Date: 03/05/2010 Inspection Type: Compliance Evaluation De-chlorination Yes No NA NE Number of tubes in use? 1 Comment: no flow Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n n n Are the receiving water free of foam other than trace amounts and other debris? n n ■ n If effluent (diffuser pipes are required) are they operating properly? n n ■ n Comment: no flow Page# 7 _.,. J NCDEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 17, 2010 CERTIFIED_MAIL --= RETURN RECEIPT REQUESTED 7007 1490 0004 0713 9080 Gary L Semmel Grover Industries Inc PO Box 79 Grover,NC 28073 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 Permit NC0004391 Grover Industries Inc Tryon Plant WWTP Case No.LV-2010-0079 i' Polk County Dear Mr.Semmel: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$667.00 ($600.00 civil penalty+ $67.00 enforcement costs) against Grover Industries Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Grover Industries Inc for the month of December 2009. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0004391. The violations which occurred in December 2009 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Grover Industries Inc violated the terms, conditions or requirements of NPDES Permit NC0004391 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 conclusion o aw, an 1n accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of.Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Grover Industries Inc: None rtliCarolliina SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE AaA ally Location:2090 U.S.Highway 70,Swannanoa, NC 28778 Phone:(828)296-4500\FAX:828 2997043\Customer Service: 1-877-623-6748 Internet:www.ncwaterouality.org S:\SWP\Polk\Wastewater\Industrial\Grover Industries 04391\LV-2010-0079-03-17-10.doc I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $100.00 NC0004391, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for CHROMIUM. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $500.00 NC0004391, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for CHROMIUM. $600.00 TOTAL CIVIL PENALTY $67.00 Enforcement Costs $667.00 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 days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (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: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 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 OR 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 original and one (1)copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received in the Office of Administrative Hearings within five(5) business days f liowingt _dxed-transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 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 maybe assessed for violations that occur after the review period of this-assessment. If you have any questions, please contact the Water Quality staff or Jeff Menzel of.the Regional Office at 828-296-4500. Sincerely, Roger 0 Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: Regional Files/attachments Enforcement Files w/attachments Central Files w/attachments prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality 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 14313-282.1(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 _ reme—dial--act—ion. - - -- Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality 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 Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-161.7 JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2010-0079 County: Polk Assessed Party: Grover Industries Inc Permit No.NC0004391 Amount Assessed:$667.00 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 applies. 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 ENVIRONMENT AND NATURAL RESOURCES COUNTY OF POLK IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS GROVER INDUSTRIES ) PERMIT NO. NC0004391 ) FILE NO. LV-2010-0079 Having been assessed civil penalties totaling $667.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated March 17, 2010, 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 Quality 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 <n o v t r cn m T 0 o a m O O < 0 0 O -I 3 Z N N m? C c N N 01 M O O O OO N o m CD —1 Z W O to O c 0 -i 0 �Oa r C r -n D 3 n n r_. .. - -- O z _ = D o � E v m A � n D < Cl) o G) 0 o a < m co Z fD N N. -n x x m r- A c n<i m z oCD n y D < p 3 O Cf V l0 n O m� c N Fr y z A O m T O x o r A D r w DC Cl' ccn C Cl) m m 0 r` N 3 O .'0 co Cl) ,. m rtl co o A O o y s < O g O < m c O to 3 z .,_.� X m o k. m m m CL m a a �fi kv;-,K;vj NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 17, 2010 Harry Smith 3704 Station Point Court Mount Pleasant, SC 29466 Subject: 401 Water Quality Certification -Approval Harry Smith DWQ Project# 10-0177 Rutherford County BRDO1 /Broad River(Lake Lure)/9-(17) /B; Tr Dear Mr. Smith: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 0.007 acres of open waters for the purpose of "--'seawall replacement and riprap placement at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control and trout buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Waters 0.007 (acres) Sketch Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 NorthCarollna Internet:www.ncwaterquality.org ah(ral�y An Equal Opportunity\Affirmative Action Employer Harry Smith March 17,2010 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Chuck Cranford in the Asheville Regional Office at 828-296-4664. Sincerely, Coleen H. Sullins, Director CHSlcbc Enc: GC3693 Certificate of Completion cc: USACE Asheville Regulatory Field Office 401 Permitting Unit-Central Office File Copy S:\S WP\Rutherford\401 s\Non-DOnHarrySmith\APRVL.3.5.l0.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION March 17, 2010 Mr. George S. Schmitt Mark Laurel Homeowner's Association PO Box 375 Highlands, NC 28741 SUBJECT: Compliance Evaluation Inspection Mark Laurel HOA WWTP Permit No: NCO061930 Macon County Dear Mr. Schmitt: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on March 5, 2010. The facility was found to be in compliance with permit NC0061930. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: Mark Teague, Env. Inc. Central Files Asheville Files s:\sWP\Macon\Wastewater\Minors\Mark Laurel 61930\CE1.3-5-10.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:>2090 U.S. Highway 70,Swannanoa, NC 28778 NOrthCaxolina Phone:(828)296-4500\FAX: (828)299-7043\Customer Service: 1-877-623-6748 )V tzarally Internet:www.ncwatergualitV.org 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 I NI 2 15I 31 NCO061930 Ill 121 10/03/05 117 18I CI 19I SI 20I Remarks 2111111111111111111111IIII IIII IIIIIIIIIIII IIIIIII6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -----------------------Reserved------------------- 67 I 1.0 169 70 13 I 711 I 721 NJ 73I W' 1 74 751 I I I I I I 180 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) 03:50 PM 10/03/05 07/10/01 Mark Laurel WWTP 215 N 4th St Exit Time/Date Permit Expiration Date Highlands NC 28741 04:30 PM 10/03/05 12/08/31 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 Fak Number Contacted George S Schmitt,PO Box 375 Highlands NC 28741//828-526-2412/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit E Operations&Maintenance ■Records/Reports 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 Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Forl 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 1 3I NCO061930 I11 12I 10/03/05 1 17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The Mark Laurel Homeowners'Association WW"P is a Class II facility rated as a 0.042 MGD extended aeration package WNTP consisting of: two aeration basins with blowers providing diffused air; clarifier with return sludge; aerobic digestor; UV disinfection; and flow meter. There are two developments that share the cost of operating and maintaining the WWTP. Each development operates and maintains their own collection system. The ORC operates and maintains the main influent lift station. PERMIT/ INSPECTION /LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 6-30-2009 by Wanda Frazier. The permit expires on 8-31-2012. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The daily operator log was present on-site and had good notation of daily events, process control and field testing data. TREATMENT UNITS/PROCESS CONTROL TESTING DATA: The activated sludge aeration basin process control data was as follows: Temperature = 2.4 degrees Celsius pH = 6.9 units Dissolved Oxygen = 8.1 mg/I Tip: The ideal level for dissolved oxygen in the aeration basin is generally 1 to 3 mg/I. Seasonal changes in temperature require the adjustment of the aeration timer to achieve ideal dissolved oxygen levels. Settleable Solids = 200 ml/I = 20% Tip: Using the settleability test, the return sludge pumping rate is usually set so that the flow rate is approximately equal to the percentage volumes occupied by the settleable solids from the aeration basin after settling for 30 minutes in a settleometer. For example, a settleability of 30% would generally indicate a recommended return sludge pumping rate of 30%. Having the percent settleable solids (i.e. 30%) the same as the percent return sludge pumping rate (i.e. 30%), allows for the solids balance in the plant to be maintained. If the plant cannot handle that return sludge pumping rate, then wasting is probably recommended, unless the sludge is too young. Page# 2 Permit: NCO061930 Owner-Facility: Mark Laurel VWVTP Inspection Date: 03/05/2010 Inspection Type: Compliance Evaluation EFFLUENT: The effluent data was as follows: pH = 7.09 units Temperature = 1.0 degrees Celsius ULTRA-VIOLET DISINFECTION: The UV disinfection control panel is in need of servicing and/or replacement. The dial that indicates transmittance/absorbance is not working properly. FLOW MEASUREMENT: The flow meter was last calibrated on 9-3-2009. OPERATIONS AND MAINTENANCE/ EFFLUENT/SUMMARY: Mr. Mark Teague, ORC, assisted in the inspection and appears to be operating and maintaining the facility very well. The effluent appeared to be in compliance with permit limits. SYSTEM PERFORMANCE ANNUAL REPORT: The System Performance Annual Performance Report had been filed for the 2008-2009 fiscal year by Env. Inc. The System Performance Annual Report, for 2009-2010, is due no later than 60 days of the end of the reporting period. Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment works' and collection system's performance over a 12 month period.) Report Format: The following is provided as guidance to assist you in meeting this aspect of the new reporting requirements. The law states the above mentioned report shall summarize the performance of the treatment works or collection system and state the extent to which any terms of its permit, federal laws, or any State laws, regulations or rules related to the protection of water quality have been violated. In order to meet the spirit of this law, it is strongly suggested that, at a minimum, the reports contain the following information: Page# 3 Permit: NCO061930 Owner-Facility: Mark Laurel WWTP Inspection Date: 03/05/2010 Inspection Type: Compliance Evaluation I. General Information • Name of regulated entity and county • Responsible entity, person or contact with phone number or address • Listing of applicable permit(s)—NPDES and Collection System permits, etc. (Note: water plant wastewater diso.hargers are exempt) • Description of collection or treatment system or process II. Performance • Description of overall 12-month performance, noting highlights and deficiencies. • By month, list of the number and type of any violations of permit conditions, environmental regulations or environmental laws, including (but not limited to): Permit Limit Violations—list by month and type Monitoring and Reporting Violations—i.e. NOVs and Civil Assessments (Illegal) Bypass of treatment facilities* Sanitary Sewer Overflows (SSOs)*- Dates of SSOs*, Press Releases & Public Notices (*Note the estimated total monthly volumes and locations of events in which more than 1,000 gallons of waste reached surface waters. • Description of any known environmental impact of violations • Description of corrective measures taken to address violations or deficiencies III. Notification • Statement as to how users or customers have been provided access to the report. IV. Certification • Statement by a responsible official certifying the report is accurate and complete. It shall be left to the individual applicable entities to decide both how much detail above minimum they wish to provide in the report and how they will provide the report to their users or customers. This law was established to provide a mechanism for public oversight (and hopefully, to instill public confidence).Those entities that fall under the scope of this part of the law are encouraged to be forthcoming in their report and they should provide its readers a contact where they may view more detailed information. To satisfy the Departmental reporting requirement, three copies of the report should be submitted to the following address: System Performance Annual Report North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Annual reports must be submitted within 60 days of the end of the applicable 12-month review period. Page# 4 Permit: NCO061930 owner-Facility: Mark Laurel VWVFP Inspection Date: 03/05/2010 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? ❑ n ■ n Is the facility as described in the permit? ■ Cl n n #Are there any special conditions for the permit? n ■ ❑ n Is access to the plant site restricted to the general public? ■ n n Cl Is the inspector granted access to all areas for inspection? ■ n n n Comment: Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO, Sludge ■ n 011 Judge,and other that are applicable? Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical n Are the bars adequately screening debris? ■ Cl ❑ n Is the screen free of excessive debris? ■ n n n Is disposal of screening in compliance? ■ n n n Is the unit in good condition? ■ ❑ n ❑ Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ n n 0 Are surface aerators and mixers operational? n n ■ o Are the diffusers operational? ■ 0 n Cl Is the foam the proper color for the treatment process? ■ 0 n n Does the foam cover less than 25%of the basin's surface? ■ n n n Is the DO level acceptable? ■ ❑ ❑ n Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ n rl n Page# 5 ..............._-..____... _ _ _ _ _ Permit: NC0061930 Owner-Facility: Mark Laurel WWTP Inspection Date: 03/05/2010 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE. Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ fl fl ❑ 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 n n Is the site free of evidence of short-circuiting? ■ ❑ n ❑ Is scum removal adequate? ■ Cl ❑ n 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%of the sidewall depth) ■ ❑ ❑ ❑ Comment: Disinfection -UV Yes No NA NE Are extra UV bulbs available on site? ■ ❑ ❑ ❑ Are UV bulbs clean? ■ ❑ ❑ ❑ Is UV intensity adequate? ■ ❑ n n Is transmittance at or above designed level? n n ■ n Is there a backup system on site? ■ ❑ ❑ ❑ Is effluent clear and free of solids? ■ ❑ ❑ ❑ Comment: The UV disinfection control panel is in need of servicing and/or replacement. The dial that indicates transmittance/absorbance is not working properly. The fecal coliform data does indicate that proper disinfection is occurring. 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 n n If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ ❑ Comment: Page# 6 AMMMMM NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION March 17, 2010 Ms. Vicky Chason Legasus Of North Carolina LLC 1006 Trout Creek Rd Tuckasegee, NC 28783 SUBJECT: Compliance Evaluation Inspection Singing Waters Camping Resort WWTP Permit No: NCO038687 Jackson County Dear Ms. Chason: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on March 5, 2010. The facility was found to be in compliance with permit NC0038687. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, 'G PP%VllmO�-C�• � Wanda P. Frazier Environmental Specialist Enclosure cc: Mark Teague, Env. Inc. Central Files Asheville Files S:\SWP\Jackson\Wastewater\Minors\Singing Waters Camping Resort 38687\CEI.3-5-10.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 NOrthCarOlina Phone:(828)296-4500\FAX: (828)299-7043\Customer Service: 1-877-623-6748 XRtllrallff Internet:www.ncwaterquality.orq United States Environmental Protection Agency Form Approved. E P n Washington,D.C.20460 OMB No.2040-0057 /`1 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 I NI 2 111 12I 117 18I CI 19I g) 20I II I - Remarks 211111 111111111111 11111111 111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ------------------------Reserved-------------------- 67 I 1.o 169 701 31 711 I 721 NJ 73 LJJ 74 751 I I I I I I 180 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) 04:55 PM 10/03/05 07/11/01 Singing Waters Camping Resort 1006 Trout Creek Rd Exit Time/Date Permit Expiration Date Tuckasegee NC 28783 05:10 PM 10/03/05 12/10/31 Name(s)of Onsite Representative(s)[fitles(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 Contacted Vicky Chason,1006 Trout Creek Rd Tuckasegee NC 28783//864-261-9001/No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit E Records/Reports 0 Facility Site Review 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 Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ G%V Signature of Man/agementtQQ A Reviewer Agency/Office/Phone and Fax Numbers Date -�1 'c EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 1 3I NCO038687 I11 12I 10/03/05 117 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The Singing Waters Camping Resort WWTP is a Class II facility rated as a 0.0075 MGD extended aeration W/VfP with: manual bar screen, aeration basin with blowers providing diffused air, clarifier with return sludge; aerobic digestor, tablet chlorinator; chlorine contact chamber; and tablet dechlorinator. PERMIT/ INSPECTION /SUMMARY: A review of the files indicates that the last compliance evaluation inspection was conducted on 9-24-2007 by Janet Cantwell The permit expires on 10-31-2012. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. Mr. Mark Teague, ORC, assisted in the inspection. This facility has been closed since October 2006 and does not have a discharge. The WWTP had been pumped. The ORC submits monthly monitoring reports indicating "no flow". SYSTEM PERFORMANCE ANNUAL REPORT: The System Performance Annual Performance Report had been filed for the 2008-2009 fiscal year by Env. Inc. The System Performance Annual Report, for 2009-2010, is due no later than 60 days of the end of the reporting period. Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment works' and collection system's performance over a 12 month period.) Report Format: The following is provided as guidance to assist you in meeting this aspect of the new reporting requirements. The law states the above mentioned report shall summarize the performance of the treatment works or collection system and state the extent to which any terms of its permit, federal laws, or any State laws, regulations or rules related to the protection of water quality have been violated. In order to meet the spirit of this law, it is strongly suggested that, at a minimum, the reports contain the following information: Page# 2 Permit: NCO038687 Owner-Facility: Singing Waters Camping Resort Inspection Date: 03/05/2010 Inspection Type: Compliance Evaluation I. General Information • Name of regulated entity and county • Responsible entity, person or contact with phone number or address • Listing of applicable permit(s)—NPDES and Collection System permits, etc. . (Note: water plant wastewater dischargers are exempt) • Description of collection or treatment system or process II. Performance • Description of overall 12-month performance, noting highlights and deficiencies. • By month, list of the number and type of any violations of permit conditions, environmental regulations or environmental laws, including (but not limited to): Permit Limit Violations—list by month and type Monitoring and Reporting Violations— i.e. NOVs and Civil Assessments (Illegal) Bypass of treatment facilities* Sanitary Sewer Overflows (SSOs)*- Dates of SSOs*, Press Releases& Public Notices (*Note the estimated total monthly volumes and locations of events in which more than 1,000 gallons of waste reached surface waters. • Description of any known environmental impact of violations • Description of corrective measures taken to address violations or deficiencies III. Notification • Statement as to how users or customers have been provided access to the report. IV. Certification • Statement by a responsible official certifying the report is accurate and complete. It shall be left to the individual applicable entities to decide both how much detail above minimum they wish to provide in the report and how they will provide the report to their users or customers. This law was established to provide a mechanism for public oversight(and hopefully,to instill public confidence). Those entities that fall under the scope of this part of the law are encouraged to be forthcoming in their report and they should provide its readers a contact where they may view more detailed information. To satisfy the Departmental reporting requirement, three copies of the report should be submitted to the following address: System Performance Annual Report North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Page# 3 Permit: NC0038687 Owner-Facility: Singing Waters Camping Resort Inspection Date: 03/05/2010 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? n n m n Is the facility as described in the permit? O n n n #Are there any special conditions for the permit? n ■ n ❑ Is access to the plant site restricted to the general public? n ❑ n Is the inspector granted access to all areas for inspection? n n n Comment: Page# 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 17, 2010 Robert Soran Sunshine NC, LLC 43 West Main Street Franklin,NC 28734 Subject: 401 Water Quality Certification -Approval Soran-Pond Dredging DWQ Project# 10-0034 Macon County LTNO1 /UT Monger Creek(Club Lake)/2-21-4-(2)/WS-III CA Dear Mr. Soran: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 28 feet of streams and 1.8 acres_of open waters for the purpose of lake dredging and culvert installation at the subject property. This approval requires you to follow the conditions listed in the attached Certifications and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3705 and 3700. This Certification allows you to use Nationwide Permit 16 and 29 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal,state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control and water supply watershed regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and genefaLconditions of this Certification are met. No other impacts are approved including incidental impacts: Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 NorthCarol.ina Internet:www.ncwaterquality.org wural An Equal Opportunity\Affirmative Action Employer Robert Soran March 17,2010 Page 2 of 2 Amount Approved(Units) Plan Location or Reference Stream 28 (feet) Figure 6 Waters 1.8 (acres) Figure 5 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Chuck Cranford in the Asheville Regional Office at 828-296-4664. Sincerely, Coleen H. Sullins, Director CHSlcbc Enc: GC3700 GC3705 Certificate of Completion cc: Lori Beckwith-US Army Corps of Engineers Asheville Field Office David McHenry -North Carolina Wildlife Resources Commission Cyndi Karoly-401 Permitting Unit Macon County Planning Clement Riddle - ClearWater ARO File copy S:\SWP\Macon\401 s\Non-DOnSoran\APRVL.03.16.10.doc NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 17, 2010 Robert Cagle, Jr, Mayor Town of Robbinsville PO Box 129 Robbinsville NC 28771 Subject: NOTICE OF VIOLATION NOV-2010-PC-0264 Compliance Evaluation Inspection Robbinsville WWTP Permit No. NCO025879 Graham County Dear Mayor Cagle: Enclosed please find a copy of the Inspection Report from the inspection conducted on February 25, 2010. The Compliance Evaluation Inspection was conducted by Keith Haynes and Don Price of the Asheville Regional Office. The treatment facility was found to be in violation of Permit NCO025879 for the following: Inspection Area Compliance Issue Operations & The operations building in disrepair with leaking roof and Maintenance cracks in the cinder block walls. Influent Sampling Influent samples are not being collected using a composite sampler. Manual collection of influent samples is permitted if the method outlined in the NPDES permit are followed. Bar Screens Plastics and condoms are not being caught by the barscreen and are found floating throughout the plant. Secondary Clarifier The skimmer arm. do-tes atel skim the surface. Adjustments should be made so that any scum or floating solids are properly removed. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One NorthCarolina Phone:(828)296-4500\FAX:828 299-70431Customer Service: 1-877-623-6748 ���ur��`/� Internet:www.ncwaterguality.org Page Two Inspection Area Compliance Issue Aeration Basins It was observed that all diffusers in the aeration basin were not operational. Signs indicate possible diffuser failure due to stoppage and deterioration of the drop pipe to the diffuser. Pump Station - There is no telementry nor is there stand-by power to operate Influent the influent pumps in the event of a power failure. Please refer to the enclosed Inspection Report for any additional observation and comments. To prevent further action, carefully review these violations and deficiencies and respond in -'` writing to-this=office-withirrfifteen (15)-working day of-receipt of this letter. You should address-the causes of noncompliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Keith Haynes at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Attachment cc: ARO McGill w/ attachment Enforcement w/ attachment S:\SWP\Graham\Wastewater\Municipal\Robbinsville WWTP 25879\NOV-2010-PC-0264.doc 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 Fac Type 1 I NI 2 15I 3I NCO025879 Ill 121 10/02/25 117 181 CI 19I SI 20I_' 1 Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ---------------------------Reserved---------------------- 67 I 169 70 U 1 711 I 72 LI 73( I 174 751 I I I ( I Li aection 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) Robbinsville WWTP 10:30 AM 10/02/25 07/12/01 US Hwy 129 Exit Time/Date Permit Expiration Date Robbinsville NC 28771 11:30 AM 10/02/25 12/11/30 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Michael J. Ladd/ORC/828-479-6428/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Robert Cagle,PO Box 126 Robbinsville NC 28771//828-479-3250/8284799272 Yes j Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement Operations&Maintenance 0 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 Keith Haynes /,((J— ARO WQ//828-296-4500/ Don Price /,(Ld�✓� Point Source Branch//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date , Roger C Edwards ARO WQ//828-296-4500/ (��� EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 1 3I NC0025879 I11 12� 10/02/25 I17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The facility appeared to be producing a clear effluent at the time of the inspection and operating as well as it could, considering the condition of the pump station, diffused aeration syatem, and secondary clarifiers. It was evident that the collection system is still experiencing a large amount of I&I as the mixed liquor in the aeration was very low in solids content. Another area of concern is the lack of standby power for the site, particularly for the influent pump station.The current WWTP does not allow for"sludge"wasting and solids management. It appears that the system periodically experiences "flow surges"and spills solids into the effluent. Due to the flow in the receiving stream, which is very swift, no indications were observed at the time of the inspection of any solids accumulation in the receiving stream. Reliability of this WWTP is very marginait A-rriajor apset-coa-Iet occur with a prolonged loss of power. The existing Lab and operations building is in dire need of a roof as there were extensive signs of"roof leaks" in the building. Future leaks could compromise records, reports, Lab analysis, lab equipment and data collection. Page# 2 Permit: NCO025879 Owner-Facility: Robbinsville WWTP Inspection Date: 02/25/2010 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: Overall site is clean, but WWTP is above ground and is showing indications of age and wear. A temporary "portable" hose is attached to the access ladder and connected to a "portable" stand-by pump. There is no indication this is a "temporarycorrection to reliability of the WWTP operation. 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: 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? ■ ❑ Cl ❑ Are float controls operable? ■ ❑ ❑ Is SCADA telemetry available and operational? ❑ ■ ❑ ❑ Is audible and visual alarm available and operational? ❑ ❑ ❑ ■ Comment: There is no telementry nor is there stand-by power to operate the influent pumps in the event of a power failure. there are signs in the wet-well section of the station of accumulations of grease, debris, and grit. There is no indication of a means to remove the grease, debris, and grit. It can eventually cause problems with the pump station. Influent Sampling Yes No NA NE #Is composite sampling flow proportional? ❑ ■ ❑ ❑ Is sample collected above side streams? ■ ❑ ❑ ❑ 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)? ❑ ■ ❑ ❑ Page# 3 .. -.._- .-.. Permit: NC0025879 Owner-Facility: Robbinsville IAWrP Inspection Date: 02/25/2010 Inspection Type: Compliance Evaluation Influent Sampling Yes No NA NE Is sampling performed according to the permit? ❑ ■ ❑ ❑ Comment: Influent samples are not being collected using a composite sampler. Manual collection of influent samples is permitted if the method outlined in the NPDES permit are followed. Flow Measurement-Effluent Yes No NA NE _--#-s ow me er use or repo mg?- — -: - - - - ■ ❑-� n - -- Is flow meter calibrated annually? ■ ❑ n n Is the flow meter operational? ■ ❑ ❑ ❑ (If units are separated)Does the chart recorder match the flow meter? ■ ❑ ❑ ❑ 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? ■ ❑ ❑ ❑ Is the unit in good condition? ■ ❑ ❑ ❑ Comment: Plastics and condoms are not being caught by the barscreen and are found floating throughout the plant. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ 0 ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ■ n ❑ ❑ Are weirs level? ■ ❑ ❑ ❑ Is the site free of weir blockage? ❑ ■ ❑ ❑ Is the site free.of evidence of short-circuiting? n ■ ❑ Is scum removal adequate? ❑ ■ n n 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? ■ ❑ ❑ ❑ Page# 4 Permit: NCO025879 Owner-Facility: Robbinsville WWTP Inspection Date: 02/25/2010 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the sludge blanket level acceptable?(Approximately'/4 of the sidewall depth) ■ n Comment: The skimmer arm does not adequately skim the surface. Adjustments should be made so that any,scum or floating solids are properly removed. Debris consisting of grease,tampons, condoms,and other floating material is accumulating between the weir and scum baffle creating a "continuous" condition of short circuiting and weir blockage. Aeration Basins Yes-No `NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ Q 0 ❑ Are surface aerators and mixers operational? ■ ❑ Q Are the diffusers operational? Q ■ fl Is the foam the proper color for the treatment process? ■ ❑ D Does the foam cover less than 25%of the basin's surface? ■ ❑ Q Is the DO level acceptable? nn El ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ 0 ■ Comment: Signs observed on the Aeration Basin indicated all diffusers were not operational. Signs indicate possible diffuser failure due to stoppage and deterioration of the drop pipe to the diffuser. Disinfection -UV Yes No NA NE Are extra UV bulbs available on site? ■ D D Are UV bulbs clean? ■ Cl Q 11 Is UV intensity adequate? ■ ❑ Q ❑ Is transmittance at or above designed level? ■ 0 ❑ 0 Is there a backup system on site? 0mEl11 Is effluent clear and free of solids? ■ ❑ Q 0 Comment: There is no back-up disinfection. Effluent Pipe Yes No NA NE s right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? ■ 0 n 11 If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ Comment: Page# 5 Permit: NCO025879 Owner-Facility: Robbinsville WIMP Inspection Date: 02/25/2010 Inspection Type: Compliance Evaluation Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ❑ ■ ❑ ❑ Is sample collected below all treatment units? ■ ❑ ❑ ❑ Is proper volume collected? ■ ❑ ❑ n Is the tubing clean? ■ ❑ Cl ❑ I nop r-temperature-sef-forsarrrple 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 no indication in logs and on the "controller"for the effluent sampler that samples are collected flow proportional Page# 6 NCDNR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 18, 2010 Robert CagLe,�lr_:�Ma_y_or - Town of Robbinsville PO Box 129 Robbinsville NC 28771 Subject: NOTICE OF VIOLATION NOV-2010-PC-0269 Compliance Evaluation Inspection Robbinsville Collection System Permit No. WQCS00158 Graham County Dear Mayor Cagle: Enclosed please find a copy of the Inspection Report from the inspection conducted on February 25, 2010. The Compliance Evaluation Inspection was conducted by Keith Haynes and Don Price of the Asheville Regional Office. The collection system was found to be in violation of Permit WQCS00158 for the following: Inspection Area Compliance Issue Monitoring and No Annual Report is on file regarding performance of the Reporting collection system Requirements Performance Current CIP does not address I & I in the collection system Standards Operation & Specific areas are not on a scheduled basis. Maintenance Requirements Performance No Grease Trap ordinance was found during the inspection. Standards Please refer to the enclosed Inspection Report for any additional observation and comments. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 NOrthCaTO/1/1112 Internet:www.ncwaterguality.org ;Vatur� lly Page Two To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within thirty (30) working days of receipt of this letter. You should address the causes of noncompliance and all actions taken to correct the situations. If you should have any questions, please do not hesitate to contact Keith Haynes or Don Price at 828/296-4500. Sincerely, -- �.W - — _ 1 Roger C. Edwards, Regional Supervisor Surface Water Protection Attachment cc: ARO WQ Central Files w/ attachment McGill w/ attachment S:1SVVP\Graham;C:ollection SysternsiRobbinsville Coll Sys WG2G5001583 C E12-25-'101etter.d«c Compliance Inspection Report Permit: WQCS00158 Effective: 03/01/09 Expiration: 02/28/17 Owner: Town of Robbinsville SOC: Effective: Expiration: Facility: Robbinsville Collection System County: Graham PO Box 126 Region: Asheville Robbinsville NC 28771 Contact Person: Robert Cagle Title: Phone:828-479-3250 Directions to Facility: System Classifications: CS1—" Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: NCO025879 Town of Robbinsville-Robbinsville WWTP Inspection Date: 02/25/2010 Entry Time: 01:00 PM Exit Time: 03:00 PM Primary Inspector: Keith Haynes }' Phone:828-296-4500 Secondary Inspector(s): \ Don Price �0 Phone: (F �' (-mar`✓ Reason for Inspection: Routine Inspection Type:Compliance Evaluation Permit Inspection Type: Collection system management and operation Facility Status: ❑ Compliant ■ Not Compliant Question Areas: Miscellaneous Questions 0 Performance Standards Operation&Maint Reqmts Records ■Monitoring&Rpting Regmts (See attachment summary) Page: 1 ...-_-.-.. Permit:WQCS00158 Owner-Facility:Town of Robbinsville Inspection Date: 02/25/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine Inspection Summary: The time and assistance of Town of Robbinsville staff in conducting the inspection is appreciated. There are several deficiencies that need to be addressed as soon as possible.These include the following: 1)An"In-depth" I & I study needs to be implemented with corrective actions indentifed and started,this should address flow surges in the collection system and to the UVVVTP. No data is available regarding collection system flow and rainfall events, as well as corrective actions needed. 2)A"Plan"to address reliability of the Collection System and the VVVVTP lift station needs to be developed and implemented. 3)A plan to control "Grease"in the collection system needs to be developed and implemented. If one exists, please irfclude a �pyDfi=same wifh response to this inspection. 4)An annual report needs to be developed for the collection system, similar to the one used for the WWTP, if one exists please include copy of same with written response to this inspection. Corrective actions to address Collection system deficiencies should be implemented immediately. Page: 2 Permit:WQCS00158 Owner-Facility:Town of Robbinsville Inspection Date:02/25/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? ■ ❑ ❑ ❑ What educational tools are used? Current program consist of "Newspaper"notification and making flyers available at Town Hall for distribution. Is Sewer Use Ordinance/Legal Authority available? ■ ❑ ❑ ❑ Does-it appear that-the Sewer Use Ordinance-is enforced?--- Is Grease Trap Ordinance available? 0000 Is Septic Tank Ordinance available(as applicable, i.e. annexation) ❑ ❑ ❑ ■ List enforcement actions by permittee, if any, in the last 12 months No Grease Trap ordinance was observed during the inspection. Has an acceptable Capital Improvement Plan(CIP)been implemented? ❑ ■ ❑ ❑ 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? ■ ❑ ❑ ❑ Does CIP include description of project area? ■ ❑ ❑ Q Does CIP include description of existing facilities? ❑ ❑ ❑ Does CIP include known deficiencies? ❑ Cl ❑ Does CIP include forecasted future needs? ❑ ■ ❑ C1 Is CIP designated only for wastewater collection and treatment? ❑ ■ ❑ ❑ Approximate capital improvement budget for collection system? $0.00 Total annual revenue for wastewater collection and treatment? $0.00 CIP Comments Current CIP is not adequate to address current needs of the Collection System. Material covered in CIP address"areas"of collection system,it does not address"FUNDING"of the projects.A working GIP will show sources of revenue and a projected time line for acquiring the necessary capital. Is system free of known points of bypass? ■ ❑ ❑ 11 If no,describe type of bypass and location A"complete"walk through of the entire collection system was not conducted,but based upon discussions with Town of Robbinsville staff,there are no known points of bypasses in the system. Is a - +n�ump-stations? ❑—�-n n #Does the sign include: Instructions for notification? ❑ ■ ❑ ❑ Pump station identifier? ❑ ■ ❑ ❑ Page: 3 . .-_.-_. _.._.__-...-.-._.-__...._ Permit:WQCS00158 Owner-Facility:Town of Robbinsville Inspection Date: 02/25/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine 24-hour contact numbers Q ■ ❑ n If no, list deficient pump stations The only pump station in the system is the pump station at the WWTP,which does not have"any"signage. #Do ALL pump stations have an"auto polling"feature/SCADA? + ■ ❑ 0 Number of pump stations 1 Number_of pump_stations that have SCADA 0 Number of pump stations that have simple telemetry 0 Number of pump stations that have only audible and visual alarms 1 Number of pump stations that do not meet permit requirements 1 #Does the permittee have a root control program? ❑ ■ 0 0 #If yes,date implemented? Describe: none Comment: No root control program was observed during review of records and documentation. Operation &Maintenance Requirements Yes No NA NE Are all log books available? ■ 0 n ❑ � Does supervisor review all log books on a regular basis? ■ Q 0 n Does the supervisor have plans to address documented short-term problem areas? n ■ ❑ D What is the schedule for reviewing inspection,maintenance,&operations logs and problem areas? No records were available to address Inflow and Infiltration. Based upon review of flow data from the WWTP,the system experiencies"flow surges"during rainfall events.There is no indication that the system meets the 2T regulation requirement of I&I control of "l00 gallons per inch diameter per mile of pipe". Are maintenance records for equipment available? ■ D ❑ 0 Is a schedule maintained for testing emergency/standby equipment? ■ 0 11 What is the schedule for testing emergency/standby equipment? none Do pump station logs include: Inside and outside cleaning and debris removal? Q ■ n n Inspecting and exercising all valves? n ■ Q Inspecting an u rnca ing pumps and otFer equipment'? _ F0 Q Inspecting alarms, telemetry and auxiliary equipment? n ■ Cl Q Is there at least one spare pump for each pump station w/o pump reliability? ■ 0 D n Are maintenance records for right-of-ways available? ■ ❑ Q ❑ ,- Page: 4 Permit:WQCS00158 Owner-Facility:Town of Robbinsville Inspection Date: 02/25/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine Are right-of-ways currently accessible in the event of an emergency? ❑ ❑ Q ■ Are system cleaning records available? ■ ❑ Cl ❑ Has at least 10%of system been cleaned annually? ❑ ■, DCl What areas are scheduled for cleaning in the next 12 months? Areas are not on a scheduled basis. Is a Spill Response Action Plan available? ■ ❑ ❑ ❑ Does the plan include: 24-hour contact numbers ■ ❑ ❑ ❑ Response time ■ ❑ ❑ ❑ Equipment list and spare parts inventory ■ Cl ❑ Cl Access to cleaning equipment ■ ❑ n ❑ Access to construction crews, contractors, and/or engineers ■ ❑ ❑ ❑ Source of emergency funds ■ ❑ ❑ ❑ Site sanitation and cleanup materials ❑ ❑ ❑ Post-overflow/spill assessment ❑ ❑ ❑ Is a Spill Response Action Plan available for all personnel? ❑ ■ ❑ ❑ Is the spare parts inventory adequate? ❑ ■ ❑ ❑ Comment: All equipment needed in event of a "Major Prolonged Power Outage" is not available in event same should occur. 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? ■ Cl ❑ ❑ 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 ❑ ■ ❑ ❑ ipe materials — IN U Pipe location ■ ❑ ❑ ❑ Flow direction ❑ ■ ❑ ❑ Approximate pipe age ❑ ❑ ❑ Page: 5 Permit:WQCS00158 Owner-Facility:Town of Robbinsville Inspection Date: 02/25/2010 Inspection Type:Compliance Evaluation Reason for Visit:.Routine Number of service taps ❑ ■ ❑ ❑ Pump stations and capacity ❑ ■ i=1 ❑ If no,what percent is complete? 100 List any modifications and extensions that need to be added to the map Map should include flow direction, pipe age,number of taps, and pump station capacity. #_Does the permittee have a copy of their permit?__. ■ ❑ ❑ ❑ Comment: ' Monitoring and Reporting Requirements Yes No NA NE Are copies of required press releases and distribution lists available? ■ ❑ ❑ ❑ Are public notices and proof of publication available? ■ ❑ ❑ ❑ #Is an annual report being prepared in accordance with G.S. 143-215.1 C? ❑ ■ ❑ ❑ #Is permittee compliant with all compliance schedules in the permits? ■ ❑ ❑ ❑ If no,which one(s)? Comment: No Annual report for 2009 was found in the records during the inspection. An annual report of the performace of the collection system is a permit requirement. Page: 6 NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 19, 2010 Dr. Gregory J.Thorpe, PhD. Environmental Management Director, PDEA North Carolina Department of Transportation Project Development and Environmental Analysis 1598 Mail Service Center Raleigh,North Carolina, 28699-1548 Subject: Correction to 401 Water Quality Certification for NCDWQ Project 20100109 TIP No. B-4574,NCSR 1551 (Mirror Lake Road),Macon County Dear Dr. Thorpe: This letter is in regards to the 401 Water Quality Certification issued for subject project on March 5, 2010, authorizing stream and wetland impacts. Condition No.4 should be replaced with the following condition: �\`he permittee shall use /Design Standards in Sensitive Watersheds/ [15A NCAC 413.0124(a)-(e)] in areas "'—draining to Jr) waters. However, due to the size of the project, NC DOT shall not be required to meet 15A NCAC 413 .0124(a) regarding the maximum amount of uncovered acres. Temporary cover (wheat, millet, or similar annual grain) or permanent herbaceous cover shall be planted on all bare soil within 15 business days of ground disturbing activities to provide erosion control. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in conjunction with appropriate seeding on disturbed soils within the riparian area and on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control devices such as silt fence, temporary sediment ditches, basins, etc. Matting should be secured in place with staples, stakes, or wherever possible, live stakes of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge and entrap small animals. For the establishment of temporary groundcover within riparian areas,hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer- and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One \ration:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NO2'1 hCaT01111a `._J,ne:828-296-45001 FAX:828-299-70431 Customer Service:1=877-623-6748 1�N�//� Internet: www,ncwaterquality.org Na l ` l An Equal Opportunity 1 Affirmative Action Employer Dr. Greg Thorpe, PhD. March 19, 2010 Page Two Please attach a copy of this letter with any copies of the original Water Quality Certification and any subsequent modifications. All other conditions written into the previous Water Quality Certification for this project still apply except where superceded by this correction. If you have any questions please contact me at 828-296-4500. Sincerely, oleen Sullins, Directo Division of Water Quality cc: David Baker, USACE,Asheville Field Office J. B. Setzer, Division 14 Engineer Mark Davis,Division 14 DEO Ed Ingle, Roadside Environmental Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office Correction to 100109(Thorpe)Bridge No.58 NCSR 1551 AMA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H: Sullins Dee Freeman Governor Director Secretary March 19, 2010 Mack W. Edmisten, Director of Public Utilities City of Lenoir P.O. Box 958 Lenoir, N.C. 28645 Subject: Permit No. WQ0034643 City of Lenoir Pine Mountain Trace Apartments Wastewater Collection System Extension Caldwell County Dear Mr. Edmisten: In accordance with your application received February 23, 2010, we are forwarding herewith Permit No. WQ0034643, dated March 19, 2010, to The City of Lenoir for the construction and operation 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 incorporated therein by reference. Please send Don Price a copy of the "notice to proceed issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which 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. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) 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 the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility 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. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa, NC 28778 Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper City of Lenoir March 19, 2010 Page 2 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 City of Lenoir for the construction and operation of approximately 777 linear feet of 8- inch gravity sewer; to serve, an apartment complex with 88 bedrooms, as part of the Pine Mountain Trace Apartments project, and the discharge of 10,560 n�Ilons per day of collected domestic wastewater into the City of Lenoir's existing sewerage system, pursuant to the application received February 23,2010 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 Environment and Natural Resources and considered a part of this permit; The sewage and wastewater collected by this system shall be treated in the City of Lenoir's Gunpowder Creek Wastewater Treatment Facility (Permit No. NC0023736) prior to being discharged into the receiving stream. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with.the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. 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. If you need additional information concerning this matter, please contact Don Price at (828) 296- 4500. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Caldwell County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0023736) T. Eugene Mustin, P.E., Borum-Wade and Associates, PA Surface Water Protection Section Central Files PERCS Files S:ISWPICaldwe111Co11ect1on S stemslLenoir Collection 5 steml— 0034643 Lenoir Pine Mountain Trace A is 03 19-10.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (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 unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. 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 as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be 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-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 26 .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. 1 PERMIT NO W00034643 City of Lenoir Pine Mtn Trace Apt Caldwell County March 19. 2010 4. 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. 5. 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. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with 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 Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. 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. 9. 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. 10. 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 other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 PERMIT NO W00034643- City of Lenoir Pine Mtn Trace Ants Caldwell County March 19,_2_M 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 failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. 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 Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part 11 of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. 12. [ADDITIONAL WASTEWATER FOR UNKNOWN DEVELOPMENT] If, at any time, the additional wastewater flow volume made tributary to this sewer extension is believed to exceed the value. permitted herein, a modification shall be requested for this permit from the Division of Water Quality to properly allocate the subject wastewater flow. 13. [FUTURE APARTMENTS] An additional permit amendment (complete with fee) must be requested and received from the Division of Water Quality prior to serving any units in addition to the 88 bedrooms permitted herein. Permit issued this the 19th DAY OF March, 2010 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Tor ole ,n H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0034643 „j 3 PERMIT NO. W00034643 City of Lenoir Pine Mtn Trace Apts., Caldwell County March 19 2010 ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: permission is hereby granted to the City of.Lenoir for the construction and operation of approximately 777 linear feet of 8-inch gravity sewer; to serve, an apartment complex with 88 bedrooms, as part of the Pine Mountain Trace Apartments project, and the discharge of 10,560 gallons per day of collected domestic wastewater into the City of Lenoir's existing sewerage system Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations(selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final 1, 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 above referenced project for the 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 2T; the Division of Water Quality's (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; signature, and date: .................................................................................................. SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ............................................................................................ The Permittee is responsible for tracking all partial certifications up until a final certification is received.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. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary March 19, 2010 Brian E. Shelton, Mayor Town of Rosman 6 Main Street Rosman, N.C. 28772 Subject: Permit No. WQ0034644 Town of Rosman Rosman Trails Subdivision Wastewater Collection System Extension Transylvania County Dear Mayor Shelton: In accordance with your application received March 4, 2010 we are forwarding herewith Permit No. WQ0034644, dated March 19, 2010, to the Town of Rosman for the construction and operation 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 incorporated therein by reference. Please send Don Price a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular_attention to Permit Condition 3 which 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 (Also note Permit Condition 12 regarding future flow allocation to the subject wastewater collection system). Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) 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 the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility 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. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa,NC 28778 Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Town of Rosman March 19, 2010 Page 2 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 Rosman for the construction and operation of approximately 312 linear feet of 8- inch gravity sewer to serve 12 3-bedroom residences, as part of the Rosman Trails Subdivision project, and the discharge of 4,320 gallons per day of collected domestic wastewater into the Town of Rosman's existing sewerage system, pursuant to the application received March 4, 2010 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1 b96 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 Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Town of Rosman's Wastewater Treatment Facility (Permit No. NC0021946) prior to being discharged into the receiving stream. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. 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. 4500. If you need additional information concerning this matter, please contact Don Price at (828) 296- ' Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Transylvania County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0021946) Michael R. Goforth, P.E., High Country Engineering, PC Surface Water Protection Section Central Files PERCS Files SAMP\Trans IvaniaTollection S stems\Rosman Collection S stem\W 0034644 Rosman Rosman Trails Subdivision 03 19 10.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (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 unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. 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 as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be 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-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. 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 §143-215.1 C. l PERMIT NO W00034644 Town of Rosman Rosman Ti ails Subdivision Transylvania County March 19 2010 4. 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. 5: 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. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with 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 Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life ) of the wastewater collection facilities. 8. 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. 9. 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. 10. 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 other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 _ PERMIT NO W00034644 Town of Rosman Rosman Trails Subdivision. Transylvania County March 19 2010 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 failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. 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 Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), 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. 12. [CONSTRUCTION ONLY] This permit shall be for the construction of the wastewater collection facilities only. No flow shall be made tributary to the subject facilities until permit modification application is submitted (with the appropriate fee), a modified permit is issued, and the Engineer's Certification is received and approved by the Division. 13. [ADDITIONAL WASTEWATER FOR UNKNOWN DEVELOPMENT] If, at any time, the additional wastewater flow volume made tributary to this sewer extension is believed to exceed the value permitted herein, a modification shall be requested for this permit from the Division of Water Quality to properly allocate the subject wastewater flow. 14. [FUTURE HOUSES] An additional permit amendment (complete with fee) must be requested and received from the Division of Water Quality prior to serving any units in addition to the 12 permitted herein. Permit issued this the 19th DAY OF March, 2010 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ,fit ,�-- for Col en H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0034644 3 '?ERMIT NO W00034644 Town of Rosman Rosman Trails Subdiviaion, Transylvania County March 19 2010 ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: permission is hereby granted to the Town of Rosman for the construction and operation of approximately 312 linear feet of 8-inch gravity sewer to serve 12 3-bedroom residences, as part of the Rosman Trails Subdivision project, and the discharge of 4,320 gallons per day of collected domestic wastewater into the Town of Rosman's existing sewerage system Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it:is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final 1, 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 above referenced project for the 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 2T; the Division of Water Quality's (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, signature, and date: ................................................................................................. . SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 :................................................................................................. The Permittee is responsible for tracking all partial certifications up until a final certification is received.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. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 19, 2010 J. M. Moore, City Manager City of Brevard 95 West Main St. Brevard, N.C. 28712 Subject: Permit No. WQ0034645 City of Brevard Brevard Music Center Sewer Replacement Wastewater Collection System Extension Transylvania County Dear Mr. Moore: In accordance with your application received March 12, 2010, we are forwarding herewith Permit No. WQ0034645, dated March 19, 2010, to the City of Brevard for the construction and operation 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 incorporated therein by reference. Please send Don Price a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which 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. (Also note Permit Condition 12 regarding future flow allocation to the subject wastewater collection system.) Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) 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 the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility 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. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa, NC 28778 Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%o post-consumer paper City of Brevard March 19, 2010 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Page 2 Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the City of Brevard for the construction and operation of approximately 2400 linear feet of 8- inch gravity sewer to serve a school as part of the Brevard Music Center project, and the discharge of 34,000 gallons per day of collected domestic wastewater into the City of Brevard's existing sewerage system, pursuant to the application received March 12,2010 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 Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the City of Brevard's Wastewater Treatment Facility (Permit No. NC0060534) prior to being discharged into the receiving stream. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. 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. 4500. If you need additional information concerning this matter, please contact Don Price at (828) 296- Sincerely, for Colen H. Sullins, Director Division of Water Quality cc: Transylvania County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0060534) Jon H. Laughter, P.E., Laughter, Austin and Associates, PA Surface Water Protection Section Central Files PERCS Files SASWPUrans IvaniMC011ection S stems\Brevard Collection S stem\W 0034645 Brevard-Brevard Music Center 03 19 10.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALE!Gtg WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (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 unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. 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 as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 213 .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be 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-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of of least three years. h. 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. 1 PERMIT NO W00034645. City of Brevard Brevard Music Center, Transylvania County March 19 2010 4. 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. 5. 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. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with 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 Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility'to track further construction approved under the same permit, and shall provide a final certificate 'of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. 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. 9. 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. 10. 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 other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 2964500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 PERMIT NO W000 4645 City of Brevard, Brevard Music Center Transylvania County March 19 2010 & 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 failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. 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 Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition I(2), Part 11 of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. 12. [CONSTRUCTION ONLY] This permit shall be for the construction of the wastewater collection facilities only. No flow shall be made tributary to thesubject facilities until permit modification application is submitted (with the appropriate fee), a modified permit is issued, and the Engineer's Certification is received and approved by the Division. 13. [ADDITIONAL WASTEWATER FOR UNKNOWN DEVELOPMENT] If, at any time, the additional wastewater flow volume made tributary to this sewer extension is believed to exceed the value permitted herein, a modification shall be requested for this permit from the Division of Water Quality to properly allocate the subject wastewater flow. Permit issued this the 19th DAY OF March, 2010 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for tolden H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0034645 3 . ..._.._.. ... ._..... . .... PERMIT NO W00034645 City of Brevard Brevard Music Center. Transylvania County March 19 2010 ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: permission is hereby granted to the City of Brevard for the construction and operation of approximately 2400 linear feet of 8-inch gravity sewer to serve a school as part of the Brevard Music Center project, and the discharge of 34,000 gallons per day of collected domestic wastewater into the City of Brevard's existing sewerage system, Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEERS CERTIFICATION ❑ Partial ❑ Final I. 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 above referenced project for the 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 2T; the Division of Water Quality's (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, signature, and date: ................................................................................................. SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ........... The Permittee is responsible for tracking all partial certifications up until a final certification is received.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. AN4 o NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 19, 2010 Robert Henline, Owner Henline Student Housing 2425 N. Center St. #352 Hickory, N.C. 28601 Subject: Permit No. WQ0034647 Robert Henline Henline Student Housing Sewer Project Wastewater Collection System Extension Jackson County Dear Mr. Henline: = In accordance with your application received March 12, 2010, we are forwarding herewith Permit No. WQ0034647, dated March 19, 2010, to Robert Henline for the construction and operation 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 incorporated therein by reference. Please send Don Price a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which 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. (Also note Permit Condition 12 regarding future flow allocation to the subject wastewater collection system.) Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) 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 the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility 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. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,swannanoa;NC 28778 Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper ...... ............... .. _... ... ..... ..._. _.. Robert Henline March 19, 2010 Page 2 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 Robert Henline for the construction and operation of approximately 625 linear feet of 6- inch gravity sewer to serve 74 bedroom student housing and 1 employee office, as part of the Henline Student Housing Sewer Extension project, and the discharge of 8,980 gallons per day of collected domestic wastewater into the Tuckaseigee Water& Sewer Authority's WWTP#1 existing sewerage system, pursuant to the application received March 12, 2010 and in confoi'mity 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 Environment and Natural Resources and considered a part of this permit; The sewage and wastewater collected by this system shall be treated in the Tuckaseigee Water&Sewer Authority's Wastewater Treatment Facility (Permit No. NC0039578) prior to being discharged into the receiving stream. This permit shall become voidable unless the agreement between Robert Henline and Tuckaseigee Water& Sewer Authority for the collection and final treatment of wastewater is in full force and effect. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. 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. 4500. If you need additional information concerning this matter, please contact Don Price at (828) 296- .Sincerely, z'z� 3 for Co)een H. Sullins, Director Division of Water Quality cc: Jackson County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0039578) Victor Lofquist, P.E., Lofquist &Associates, Inc. Tuckaseigee Water& Sewer Authority, Plant# 1 Surface Water Protection Section Central Files PERCS Files S\SWP\Jackson\Collection S stems\TWASW#1 Collection S stem\WQ0034647 TWSA Henline Student Housiaq Project 0319 10.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH ' WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (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 unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. 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 as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 213 .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be 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-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. 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. 1 PERMIT NO W00034647 Robert Henline Henline Student Housing TWSA#1 Jackson County March 19, 2010 4. 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. 5. 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. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with 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 Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. 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. 9. 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. 10. 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 other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: r � The Permittee shall report by telephone to a water guality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 PERMIT NO W00034647 Robert Henline,Henline Student Housing TWSA#1 Jackson County March 19, 201 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 failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. 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 Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), 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. 12. This permit shall be for the construction of the wastewater collection facilities only. No flow shall be made tributary to the subject facilities until permit modification application is submitted (with the appropriate fee), a modified permit is issued, and the Engineer's Certification is received and approved by the Division. 13. If, at any time, the additional wastewater flow volume made tributary to this sewer extension is believed to exceed the value permitted herein, a modification shall be requested for this permit from the Division of Water Quality to properly allocate the subject wastewater flow. Permit issued this the 19'h DAY OF March, 2010 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 4role n H. Sullins, Director Division of Water Quality By Authority of the Environmental.Management Commission Permit Number WQ0034647 3 .. .. .... .. . .... ..._ _....._.......... ... ..._........_ . PERMIT NO W00034647 Robert Henline Henline Student Housing TWSA#1 Jackson County March 19 2010 ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: permission is hereby granted to the Robert Henline for the construction and operation of approximately 625 linear feet of 6-inch gravity sewer to serve 74 bedroom student housing and 1 employee office, as part of the Henline Student Housing Sewer Extension project, and the discharge of 8,980 gallons per day of collected domestic wastewater into the Tuckaseigee Water'8, Sewer Authority's WWTP#1 existing sewerage system Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings(plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, 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 above referenced project for the 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 2T; the Division of Water Quality's (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,signature, and date: ................................................................................................. SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 The Permittee is responsible for tracking all partial certifications up until a final certification is received.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. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 19, 2010 Mack Edmisten, Director of Public Utilities City of Lenoir P.O. Box 958 Lenoir, N.C. 28645 Subject: Permit No. WQ0034646 City of Lenoir Realty Street Sewer Improvements Wastewater Collection System Extension Caldwell County Dear Mr. Edmisten: In accordance with your application received March 12, 2010, we are forwarding herewith Permit No. WQ0034646, dated March 19, 2010, to the City of Lenoir for the construction and operation 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 incorporated therein by reference. Please send Don Price a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which 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. (Also note Permit Condition 12 regarding future flow allocation to the subject wastewater collection system.) Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) 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 the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility 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. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa,NC 28778 Telephone (828)296-4500. Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper . ..--.. .._. ....... City of Lenoir March 49, 2010 Page 2 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 City of Lenoir for the construction and operation of approximately 950 - linear feet of 18- inch gravity sewer; to replace an existing 18-inch gravity sewer which has reached the end of its useful life as part of the Realty Street Sewer Improvements project, and the discharge of 0 gallons per day of collected domestic wastewater into the City of Lenoir's existing sewerage system, pursuant to the application received March 12,2010 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 Environment and Natural Resources and considered a part of this permit; The sewage and wastewater collected by this system shall be treated in the City of Lenoir's Wastewater Treatment Facility (Permit No. NC0023981) prior to being discharged into the receiving stream. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and.shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. 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. 4500. If you need additional information concerning this matter, please contact Don Price at (828) 296- Sincerely, for Col en H. Sullins, Director Division of Water Quality cc: Caldwell County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0023981) Joel Whitford, P.E., McGill Associates Surface Water Protection Section Central Files PERCS Files SASWMaldwell\Collection Systems\Lenoir Collection System\W00034646 Lenoir Realty Street Sewer Improvements 03 19 10 doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (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 unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. 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 as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be 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-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. 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 §143-215.1 C. 1 PERMIT NO W00034646, City of Lenoir Realty Street Sewer Improvements Caldwell County March 19 2010 4. 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. 5. 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. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North. Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with 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 Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed.in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life i of the wastewater collection facilities. 8. 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. 9. 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. 10. 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 other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 PERMIT NO W00034646,City of Lenoir, Realty Street Sewer Improvements Caldwell County March 19 2010 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 failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. 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 Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part 11 of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. 12. [CONSTRUCTION ONLY] This permit shall be for the construction of the wastewater collection facilities only. No flow shall be made tributary to the subject facilities until permit modification application is submitted (with the appropriate fee), a modified permit is issued, and the Engineer's Certification is received and approved by the Division. 13. [ADDITIONAL WASTEWATER FOR UNKNOWN DEVELOPMENT] If, at any time, the additional wastewater flow volume made tributary to this sewer extension is believed to exceed the value permitted herein, a modification shall be requested for this permit from the Division of Water Quality to properly allocate the subject wastewater flow. Permit issued this the 19th DAY OF March, 2010 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Eolefri H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number W00034646 3 PERMIT NO W00034646 City of Lenoir Realty Street Sewer Improvements Caldwell County March 19 2010 ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: permission is hereby granted to the City of Lenoir for the construction and operation of approximately 950 linear feet of 18-inch gravity sewer; to replace an existing 18-inch gravity sewer which has reached the end of its useful life as part of the Realty Street Sewer Improvements project, and the discharge of 0 gallons per day of collected domestic wastewater into the City of Lenoir's existing sewerage system Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s)or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final \ I, 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 above referenced project for the 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 2T; the Division of Water Quality's (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, signature, and date: .................................................................................................. SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ................................................................................................: The Permittee is responsible for tracking all partial certifications up until a final certification is received.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. ALI 70A, NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 22, 2010 High Vista Homeowner Association Bruce East PO Box 98 Arden, NC 28704 Subject: 401 Water Quality Certification -Approval Line Creek DWQ Project# 06-1854v2 Buncombe County FrB / Line Crk/ 6-59 / C Dear Mr. East: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 25 feet of streams for the purpose of streambank stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3689, This Certification allows you to use Nationwide Permit 13 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Stream 25 (feet) 3a Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-7043 l Customer Service:1-877-623-6748 NorthCarollna Internet:www.ncwaterquality.org Naturally An Equal Opporlunity 1 Affirmative Action Employer High Vista Homeowner Assoc. March 22,2010 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Susan Wilson in the Asheville Regional Office at 828-296-4500. Sincerely, Coleen H. Sullins, Director CHS/saw Enc: GC3689 Certificate of Completion cc: USACE Asheville Regulatory Field Office 401 Permitting Unit—Central Office File Copy S:\SWP\Buncombe\401 s\Nan-DOT\HighVista.Buncombe\Approval.401 HighVista03-1 O.doc i 1om NCDENR •• r North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary March 22, 2010 Carl Horvat Unimin Corporation PO Box 588 Spruce Pine NC 28777 SUBJECT: Compliance Evaluation Inspection Schoolhouse Quartz Facility Permit No: NC0000361 Avery County Dear Mr. Horvat: Enclosed please find a copy of the Compliance Evaluation Inspection Report from the inspection, which I conducted at the subject facility on March 10, 2010. The facility was found to be in Compliance with permit N00000361. Please refer to the enclosed inspection report for additional observations and comments. The assistance provided by Steve Taylor during the inspection was greatly appreciated. If you have any questions, please do not hesitate to call me at 828-296- 4500. Sincerely, F Keith Hayn Environmental Sr. Specialist Enclosure cc: Stephen Taylor, ORC Central Files Asheville Files ,:iS\r1F'. a��\^1ta '',�Uater?tr7,t st_i !tUrlrir!Schooihou � 0036't\CF:13 10-101etter.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE D�J f One Location:2090 U.S.Highway 70, Swannanoa, NC 28778 NorthCarollna Phone: (828)296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 Internet:www ncwaterguality.org J United States Environmental Protection Agency Form Approved. �� 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 1 uI 2 151 3I NC0000361 111 121 10/03/10 117 181 r,l 191 cl 201u I l- Remarks 211 l 1 I I I I I I 1 J 1 I L i I I I I I I I I I I_I I I I III I I I —� L ILj l I 116 lInspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA --------------------------Reserved--------------------- 67 I 169 70 L4 I 71 1 1 72 I N I 73 L�74 75) I l l I I I 180 �— 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) 10:00 AM 10/03/10 06/11/01 Schoolhouse Quartz facility Exit Time/Date Permit Expiration Date US Hwy 19-E Spruce Pine NC 28777 11:00 AM 10/03/10 11/02/28 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Stephen Douglas Taylor/ORC/828-765-4251/ Name,Address of Responsible Official/Title/Phone and Fax Number ' Contacted Carl Horvat,PO Box 588 Spruce Pine NC 28777//704-765-4283/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit 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 pp Keith Haynes ARO WQ//828-296-4500/ '�� V Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date �r Roger C Edwards ® ARO WQ//828-296-4500/ -� 0 C/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3I NC00003LI I11 12I 10/03/10 I17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The facility was operating normally. No problems were noted. The effluent was extremely clear with no visible suspended solids or color noted. i Page# 2 Permit: NC0000361 Owner-Facility: Schoolhouse Quartz facility Inspection Date: 03/10/2010 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? n n Is the facility as described in the permit? n #Are there any special conditions for the permit? n n 0 Is access to the plant site restricted to the general public? n n n Is the inspector granted access to all areas for inspection? 0 n Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? n n n Is all required information readily available, complete and current? n L n Are all records maintained for 3 years(lab. reg. required 5 years)? n n n Are analytical results consistent with data reported on DMRs? n n n Is the chain-of-custody complete? n n n Dates, times and location of sampling Name of individual performing the sampling i Results of analysis and calibration Dates of analysis Name of person performing analyses Transported COCs Are DMRs complete: do they include all permit parameters? n n Has the facility submitted its annual compliance report to users and DWQ? f-1 n n (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? Is the ORC visitation log available and current? ❑ ❑ n 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? ❑ n ❑ Is a copy of the current NPDES permit available on site? n n n Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ® ❑ Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? n n n Page# 3 ..._.._..... . Permit: NC0000361 Owner-Facility: Schoolhouse Quartz facility Inspection Date: 03/10/2010 Inspection Type: Compliance Evaluation Operations &Maintenance Yes No NA NE Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge E ❑ ❑ ❑ Judge, and other that are applicable? Comment: 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? ® ❑ ❑ ❑ Is the return rate acceptable(low turbulence)? ❑ ❑ ® ❑ Is the overflow clear of excessive solids/pin floc? ® ❑ ❑ ❑ Is the sludge blanket level acceptable?(Approximately '/d of the sidewall depth) ❑ ❑ 0 ❑ Comment: Flow Measurement- Effluent Yes No NA NE #Is flow meter used for reporting? ® ❑ ❑ ❑ Is flow meter calibrated annually? 0 [1 ❑ Is the flow meter operational? ® ❑ ❑ Cl (If units are separated) Does the chart recorder match the flow meter? ® ❑ ❑ ❑ Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ® ❑ ❑ Cl 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 Celsius)? M 0 ❑ ❑ Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ■ ❑ ❑ ❑ Comment: Please make sure samples are 100 ml or greater. Page# 4 Permit: NC0000361 Owner-Facility: schoolhouse Quartz facility Inspection Date: 03/10/2010 Inspection Type: Compliance Evaluation Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? 0 ❑ D Are the receiving water free of foam other than trace amounts and other debris? D 0 C If effluent (diffuser pipes are required) are they operating properly? 0 ❑ D Comment: Extremely fine air bubbles were noted in the receiving stream, giving the appearance of a pale green color. s Page# 5 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 22, 2010 Mr. Patrick E. Carlton, Trustee P.O. Box 2128 Cashiers,NC 28717 Subject: Request for More Information 401 Water Quality Certification Chinquapin Irrigation Supply Project DWQ Project# 09-0569 v2 Jackson County Response deadline: April 26, 2010 Dear Mr. Carlton: "he Division of Water Quality (DWQ) has performed a preliminary review of a 401 Water Quality Certification '--application submitted for the above referenced property (the first submittal was returned July 14, 2009). Additional information will be required in order to complete the review process. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. The proposed pump system will be placed in Robinson Creek, a Class WS-III, Tr waterbody in the Little Tennessee River Basin, Per 15A NCAC 2B .0215(3)(b)(i)(H) for WS (water supply) water bodies, water dependent structures "may be allowed where no practicable alternative exists." With the resubmittal of the application, many alternatives were reviewed and determined to be unfeasible. After the meeting conducted at the Chinquapin site on September 1, 2009, the DWQ was-hopeful that an off-line pond would be a feasible alternative. Because it appears that this may not be the case due to the limited available land areas and the existing conservation easement, the DWQ would like further explanation on the feasibility of a pump house configuration (instead of the submersible pump system placed directly in the stream). Installing a permanent instream structure to be used mainly for emergency "severe drought condition" purposes still does not seem to be the best solution. Please evaluate in more detail and compare/contrast a floating pump system (this may be a new option) vs. a pump house system vs. the submersible pump system. In this comparison, costs, energy consumption, maintenance, Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 One NorthCarolina Internet:www.ncwaterquality.org Natullallil An Equal Opportunity 1 Affirmative Action Employer Mr.Carlton March 22,2010 Page 2 of 3 etc. should be evaluated. Although noise is stated as one factor in the elimination of the centrifugal pump system, this factor could be remedied through use of an insulated pump house. Additionally, the submerged pump system is also likely to be noisy. As part of the evaluation, provide details of the total pumping distance and elevation change, etc. that was used to determine head and pump size. 2. To ensure that 7Q10s is maintained, please state how, practically, this is going to be met(if this were a condition of the 401 approval). Since the DWQ did not receive a copy of the Operation and Maintenance manual that was submitted to Chinquapin, we do not know specifically how this would be met during operation. 3. DWQ needs confirmation of the 7Q l Os value provided by Mr. Tarver. Traditionally, this value is provided by USGS. Did Mr. Tarver obtain this value from USGS? Did he estimate the 7Q10s himself based on drainage area and nearby gauge stations? Please provide correspondence from Mr. Tarver or USGS confirming the 7QlOs value. Please provide your response in writing to the addresses below prior by April 26, 2010. Four copies of the required information should be provided to the 401 Permitting Unit at: Mr. Ian McMillan 401 Permitting Unit 1650 Mail Service Center Raleigh,NC 27699-1650 and a single copy to the Asheville Regional Office at: Ms. Susan A. Wilson Surface Water Protection Section 2090 US 14WY 70 Swannanoa, NC 28778 If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and we will consider the project withdrawn. This letter only addresses the preliminary application review and does not authorize any impacts to wetlands, waters or protected buffers. 2010 if 3 lease be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Ms. Susan A. Wilson 828-296-4500, if you have any questions. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office cc: Ms. Lori Beckwith -US Army Corps of Engineers Asheville Field Office David McHenry -North Carolina Wildlife Resources Commission Ian McMillan - 401 Permitting Unit Jackson County Planning/ Robbie Shelton ARO File copy S:\SWP\Jackson\401s\Non-DOT\Chinquapin Irrigation supply\Addlnfo.Chinquapin Irr Ver2.3 2010.doc i i NCD►ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION March 23, 2010 Mr. Steve Shoaf, Director of Water Resources City of Asheville PO Box 7148 Asheville, NC 28802 SUBJECT: Compliance Evaluation Inspection Northfork Water Treatment Plant Wastewater Discharge Permit No: NCO035807 Buncombe County Dear Mr. Shoaf: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on March 22, 2010. The facility was found to be in compliance with permit NC0035807. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: Central Files Asheville Files S:\SWP\Buncombe\Wastewater\Municipal\North Fork WTP 35807\CEI.3-22-10.doc - - — - -- - i SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 NortflCarolina Phone: (828)296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 NR"tlil'6 lly Internet:www.ncwaterguality.org 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 I NI 2 I sI 31 NCO035807 111 121 10/03/22 117 181 CI 191 sl 20I(( Remarks 2111111111111111111111111111111111111111111111111" Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------Reserved-------------------- 67( 1.0 169 70131 711 I 721 NJ 73 LU 74 751 I I I I I I 180 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) Northfork WTP 02:00 PM 10/03/22 05/11/01 N Fork Rd Exit Time/Date Permit Expiration Date Black Mountain NC 28711 03:00 PM 10/03/22 10/10/31- Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Charles Vance Ledford/0RC/828-669-8569/ Name,Address of Responsible Official[Title/Phone and Fax Number Leslie P Carreiro,3374 N Fork - Left Fork Rd Black Mountain NC Contacted 287118752//828-669-8569/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Records/Reports 0 Facility Site Review 0 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 Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ Signature of Ma ent Q A e ewer Agency/Office/Phone and Fax Numbers Date EPA Forffi 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 1 3I NCO035807 I11 12I 10/03/22 I17 18Icl Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Facility name: North Fork Water Treatment Plant City of Asheville The North Fork Reservoir is-355 acres and - 120 feet deep. It has one intake with 4 withdrawal levels. The WTP has 6 filters. WWTP class: I Physical Chemical (classified: 8-17-2001) WWTP type: The filter backwash from the Water Plant is dechlorinated with sodium thiosulfate before being discharged to the 200,000 gallon backwash holding tank. The wastewater is then released to three lagoons, which are operated in series. Lagoon#1 (located closest to the WTP) is 182,000 gallons; lagoon #2 is 978,000 gallons; and lagoon#3 is 3,000,000 gallons. The total storage capacity is 4.76 million gallons. As a result of the recent addition of alum to treat the drinking water, 384,000 gallons of sludge were pumped from lagoon#3 and hauled to one of MSDs' manhole for treatment and disposal at the WWTP in February 2010. This was the first time that sludge was removed from any of the lagoons. Permit/File review: A review of the files indicates that the last compliance evaluation inspection was conducted on 9-27-2007 by Janet Cantwell. The permit expires on 10-31-2010. The permit renewal application was received by DWQ on March 10, 2010. Inspection summary: Mr. Charles Ledford, ORC, assisted in the inspection. The discharge was crystal clear and appeared to be in compliance with permit limits. Page# 2 Permit: NC0035807 Owner-Facility: Northfork WfP Inspection Date: 03/22/2010 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? ■ Cl n Cl Is the facility as described in the permit? ■ ❑ ❑ #Are there any special conditions for the permit? ❑ ■ n n Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n n n Are the receiving water free of foam other than trace amounts and other debris? ■ n n n If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ n Comment: Page# 3 ME R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 23, 2010 Mr. Garvin Trinks McDowell County Schools 709 Sugar Hill Road Marion, North Carolina 28752 Subject: NOTICE OF VIOLATION NOV-2010-LM-0009 Permit No. NCO067148 Nebo Elementary School WWTP McDowell County Dear Mr. Trinks: A review of Nebo Elementary School WWTP's monitoring report for October 2009 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Flow, in conduit or thru 10/31/09 0.0075 mgd 0.0078 mgd Monthly Average treatment plant Exceeded Parameter Date Measuring Violation Frequency Temperature, Celcius 10/03/09 Weekly Failure to Monitor 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 of the reason for the non-compliance. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action,carefully review these violations and deficiencies and respond in writing to this office within 10(ten)working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section ....-...... ........... . cc: DWQ Asheville Files DWQ Central Files James &James Environmental/ORC SUv' 1h1cl7cwt.111Jtast=v jat ri:".�ir�o:t 3c:bo hoal l4°',NOV-30=D-1..M-009.03-2,-10 doc None Carolina S f i �tura!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org g\ FAX (828)299-7043 1-877-623-6748 __ �_,. `��� i NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director Dee Freeman Secretary March 23, 2010 James Shields 530 Lemaster Drive Ponte Vedra Beach, FL 32082 Subject: 401 Water Quality Certification -Approval James A. Shields, Lot 23 DWQ Project#10-0106 Macon County LTN03 /Nantahala River [Nantahala Lake(Aquone Lake)] /2-57-(22.5)/B; Tr Dear Mr. Shields: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. .,Approval has been granted to place fill within or otherwise impact 0.018 acres of open waters for the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to)Erosion and Sediment Control and trout buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved - The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters 0.018 (acres) Sketch Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 NOt'k�1CaP011111 Internet:www.ncwaterqualiV.org An Eoual Opportunity\Affirmative Action Employer James Shields March 23,2010 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Chuck Cranford in the Asheville Regional Office at 828-296-4664. Sincerely, Colleen H. Sullins, Director CHSlcbc Enc: GC3693 Certificate of Completion cc: USACE Asheville Regulatory Field Office r 401 Permitting Unit—Central Office Dave McHenry-NCWRC File Copy S:\SWP\Macon\401s\Non-DOT\Shields\APRVL.03.23.10.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 23, 2010 Charlie Owen Sirocco Properties, LLC 31 Busbee Rd Asheville,NC 28803 SUBJECT: NOTICE OF VIOLATION NOV-2010-SS-0013 Removal of Best Usage Henderson County Response deadline: April 9, 2010 Dear Mr. Owen: On March 9, 2010, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality.(DWQ) conducted a site inspection along Highway 25 in Henderson County. You were present. Stream standard violations were noted during the inspection. Dredging and sediment impacts to three (3) unnamed tributaries to Cane Creek (Class C waters) were documented. VIOLATIONS 1. Removal of Best Usage— 15A NCAC 02B.0211 (2)—Approximately 2,300 feet of three (3) unnamed tributaries to Cane Creek(Class C waters)were impacted by dredging. activities representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2) REQUIRED RESPONSE This Office requests that you respond in writing by April 9,2010. Your response should be sent to both the attention of Chuck Cranford, Division of Water Quality, 2090 US HWY 70, Swannanoa, NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center,Raleigh,NC 27699-1617. Your response should address the following items: I. Removal of Best Usage—15A NCAC 02B.0211 (2) a. Discontinue all dredging activities within the streams on the property. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna Phone:828-296-4500t FAX:828-299-70431 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org Naturally An Equal Opportunity 1 Affirmative Action Employer Charlie Owen March 22,2010 Page 2 of 2 b. Stabilize impacted streambanks c. Establish suitable, vegetated buffers along all streams d. Provide a description of how you intend to comply with the above steps; including, a timeline when you anticipate the required items to be complete e. When completed,provide pictures illustrating the work completed. The following was considered when devising the required response,which the Division believes is reasonable and a compromise of standard violation remedies due to the nature of the situation: • A lack of a complete understanding of the water features on the site (i.e., 3 of the 4 ditched segments are considered streams [Waters of the State])was likely. • According to historical information,the dredging activities have been undertaken in the past and were perhaps considered acceptable, agricultural practices for the location. Ultimately, full restoration would greatly increase the health of the stream system,including the quality of the water. According to information gathered during the investigation, a stream restoration project being undertaken by the N.C. Ecosystem Enhancement Program is occurring on the adjoining property downstream of your site. The Division would highly recommend participation with the EEP (Deborah Daniel: 828-337-4528), which can provide your property with stable streams and a greenspace amenity,protected by a conservation easement. Certain monetary benefits associated with the easement could be possible. In addition,the Henderson County Soil and Water Conservation District(828-697-4949)may be able to provide assistance with long-term management of your land. Thank you for your attention to this matter. Should you have any questions or concerns,please contact Chuck Cranford at(828) 296-4664. Sincerely, Roger C.Edwards,Regional Supervisor Surface Water Protection Asheville Regional Office Enc: Map cc: John Hennessy-NPS Assistance and Compliance Oversight Unit ARO File Copy Deborah Daniel-EEP S:\S WP\Henderson\Complaints\SiroccoLLC\NOV-2010-SS-0013.03.23.10.doc �. o c '�- o (1) 0C ' fir= c N cn co °' xF Y o Lci w c E O LO z o' r- C UC co 3 Cc n 0 'z y co > N �Oco �d r N E O N t WCL— p O ca U 4+ ~ U U) (a * 0 £ , a U) 1 O Q co ai Y O WON O t Y 7 4 ' N ' NO> :D O N � -, Ty O 00 OCD f ca 3 a E -o-00 � o rl N N h x p O = H u "u u _ a�, K� �W ,wk '2` �,.-� �;��� i �, 'A �.CE_ MC North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 23, 2010 Mr. Robert C. Schwebke RCS Properties 4501 Tynecastle Highway- Box 7 Banner Elk, North Carolina 28604 Subject: NOTICE OF VIOLATION NOV-2010-MV-0027 Permit No. NCO062961 Tynecastle WWTP Avery County Dear Mr. Schwebke: A review of Tynecastle WWTP's monitoring report for October 2009 showed the following violation: Parameter Date Measuring Violation Frequency Continuous Flow 10/31/09 Continuous Failure to Monitor 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 of the reason for the non-compliance. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action,carefully review these violations and deficiencies and respond in writing to this office within 10(ten)working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Janet Cantwell at 8281296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc DWQ Asheville Files DWQ Central Files Water Quality Lab &Operations/ORC ort NhFCarolina 1 necaa tie 629611s��OV n01r?-!`ii\,-tOC27(.)3-22-10 do �ll�llCa��y ;y:; !, 't i'tiVG(y`;VSiF3?Jcit ` Pi t��5.;y - North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 FA e(828 299-7043 1 877-623-6748500 Customer e Internet: www ncwatergualitv.org .10" _ _ .._..........._ ._. ...... ..._.. �i ,__ UDR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Dee Freeman Beverly Eaves Perdue Secretary Governor Director March 23, 2010 Ms. Linda Issacs McDowell Assisted Living LLC P.O. Box 909 Marion, North Carolina 28752 Subject: NOTICE OF VIOLATION NOV-2010-MV-0028 Permit No. NCO075353 McDowell Assisted Living WWTP McDowell County Dear Ms. Issacs: A review of McDowell Assisted Living WWTP's monitoring report for October 2009 showed the following violation: ' Parameter Date Measuring Violation Frequency Total Residual Chlorine 10/24/09 Twice Weekly Failure to Monitor 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 of the reason for the non-compliance. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action,carefully review these violations and - deficiencies and respond in writing to this office within 10(ten)working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence of similar situations. if you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James &James Environmental/ORC NoithCarolina S tS'v't�i�kNAc,,Dowei(ity,istt:wat.e,\N4inorss'lM(,,}swell Assisted Living 75353\NOV-2010-MV-0028 03-22-10.doc Vlltl ra11,y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 FA e(828>299-7043 1 877-623-6748customer e Internet: www ncwatergualitv.org ak CIA 4EN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 23, 2010 Mr. Richard P. Foutz GGCC Utility Inc. P.O. Box 368 Linville, North Carolina 28646 Subject: NOTICE OF VIOLATION NOV-2010-MV-0025 Permit No. NCO023124 GGCC, Utility WWTP Avery County Dear Mr. Foutz: A review of GGCC Utility WWTP's monitoring report for October 2009 showed the following violation: Parameter Date Measuring Violation Frequency Continuous Flow 10/31/09 Continuous Failure to Monitor 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 of the reason for the non-compliance. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action,carefully review these violations and deficiencies and respond in writing to this office within 10(ten)working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions,please do not hesitate to contact Janet Cantwell at828/296-4500. " Sincerely, u Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files Water Quality Lab & Operations/ORC One NorthCarolina Natuwlly North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 ho FAX e�828�299_7500 1 Customer 6748e Internet: www.ncwaterguality.org 0,,`_ CDEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 23, 2010 Mr. Gary Jensen The Switzerland Inn P.O. Box 399 Little Switzerland, North Carolina 28749 Subject: NOTICE OF VIOLATION NOV-2010-MV-0030 Permit No. NCO030996 The Switzerland Inn WWTP McDowell County Dear Mr. Jensen: A review of The Switzerland Inn's monitoring report for October 2009 showed the following violations: Parameter Date Measuring Violation Frequency Total Residual Chlorine 10/10/09 Twice Weekly Failure to Monitor Dissolved Oxygen 10/24/09 Weekly Failure to Monitor Dissolved Oxygen 10/31/09 Weekly Failure to Monitor 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 of the reason for the non-compliance. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action,carefully review these violations and deficiencies and respond in writing to this office within 10(ten)working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files KACE Environmental/ORC NorthCarolina S:tSV�P\\Pic,Dowell\,v,tastewater?.Minors,,:Switzerland inn 30996\NOV-2010-Id..V-0030.03-22-10.doc �atarall North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 PhonFAX e(828)296-4500(828)299-7043 1 Customer 6748e � Internet: www.newaterguality.org ah /.--. �1 /-�. :T NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 23, 2010 Mr. James T. Highley Elk River Utility Inc. P.O. Box 240908 Charlotte, North Carolina 28224-0908 Subject: NOTICE OF VIOLATION NOV-2010-MV-0026 Permit No. NCO058378 Elk River WWTP Avery County Dear Mr. Highley: A review of Elk River WWTP's monitoring report for October 2009 showed the following violation: Parameter Date Measuring Violation Frequency Continuous Flow 10/31/09 Continuous Failure to Monitor 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 of the reason for the non-compliance. Remedial actions should be taken to correct this problem. The Division of Water.Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action,carefully review these violations and deficiencies and respond in writing to this office within 10(ten)working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4600. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files Darrell Young/ ORC s,s _., -,v r,iLNastewalr:r\m.inorn\Elk River 58:3781,NOV-2{�10-�,IIV-:):�2 ;`?3-2-' i10.dnc. Non thCarolina �..�n1 r G Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www ncwaterouality.org 4N FAX (828)299-7043 1-877-623-6748 �-�, r>,, NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 23, 2010 Marti And Calvin Harbby 191 Pleasant Grove Rd Rutherfordton,NC 28139 SUBJECT: NOTICE OF VIOLATION NOV-2010-SS-0012 Stream Standard Violation- Other Waste (In-stream sediment) Rutherford County Response deadline: April 9,2010 Dear Mr. and Mrs. Harbby: On February 15, 2010, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection along Pleasant Grove Road in Rutherford County. Stream standard violations were noted during the inspection. Sediment impacts to an unnamed tributary to Knob Creek(Class C waters) were documented. Logged and cleared portions of your property are eroding and discharging sediment to the roadside ditch and adjoining property at the western boundary. The sediment is then discharging to the woods through a culvert and finally the stream. VIOLATIONS I. Stream Standard Violation- Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f—An indeterminate length of an unnamed tributary to Knob Creek(Class C waters)has been impacted by sediment deposition greater than three (3) inches,representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f). REQUIRED RESPONSE This Office requests that you respond in writing by April 9,2010. Your response should be sent to both the attention of Mr. Chuck Cranford, Division of Water Quality,2090 US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarolina Phone:828-296-4500t FAX:828-299-70431 Customer Service:1-877-623-6748 'J�����Na//� Internet: www.ncwaterqualiV.org v �/ L `l An Equal Opportunity 1 Affirmative Action Employer Marti And Calvin Harbby March 23,2010 Page 2 of 2 Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response should address the following items: I. Stream Standard - Other Waste (In-Stream Sediment) a. Please explain the steps you will take to prevent further sediment loss to the unnamed tributary to Knob Creek. b. Provide a schedule with dates indicating when you expect to complete activities to prevent further sediment loss. c. Once the work is complete, deliver pictures showing the repairs to Chuck Cranford. Please note: Currently, the sediment damage to the creek is being caused by several sources, including natural factors. Identifying the specific sediment load from your property could be determined through additional efforts. If erosion is allowed to continue and sediment continues to discharge to the creek from your property,the DWQ will be forced to take further actions, including the requirement for you to undertake stream restoration work. Thank you for your attention to this matter. Should you have any questions regarding these matters,please contact Chuck Cranford at(828) 296-4664. Sincerely, Roger C.Edwards,Regional Supervisor Surface Water Protection Asheville Regional Office cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Darlene Kucken- Division of Land Resources S:\S WP\Rutherford\Complaints\Harbby\NOV-2010-SS-0012.3.23.10.doe NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 24, 2010 Mr. Scott Banks 717 Dillingham Road Barnardsville,NC 28709 SUBJECT: Stream Enhancement and Sediment Removal Plan Sardis Road Project-[ref NOV-2008-OP-0055 and NOV 2008-CV-0018] Buncombe County Dear Mr. Banks: The Division of Water Quality(DWQ) conducted a site visit to your property(PIN No. 9617928150) on March 16, 2010. It was noted that stream restoration work was being conducted. You are reminded that all stream restoration work and sediment removal must be performed in accordance with the plan submitted by C1earWater Environmental Consultants, Inc. and as approved by DWQ in the letter dated August 18, 2009. Please be aware that the approval stated"stream restoration must include the entire length of stream." During the site visit it was noted that the upper portion of the stream to be restored did not have approved sloped banks of 2 to 1, likely with anticipation of future culvert placement. DWQ reminds you that due to the outstanding Notices of Violation,written approval for the culvert placement is required [ref. Water Quality Certification No. 3705 Part IV]. If you seek 401 approval for placement of the culvert for your commercial development, DWQ will require documentation that you have attempted to avoid/minimize impacts to surface waters as outlined in DWQ correspondence to you dated August 19,2009 (Return of Application). You and your design consultant were to have reviewed the possibility of reconfiguring the parking lot and/or to have met with the City of Asheville to pursue reduction in the required number of parking spaces. Any placement of a culvert on the property without written approval by the DWQ will be deemed a"willful"violation and subject to enforcement. As specified in the approved Stream Enhancement and Sediment Removal Plan, a 30-foot vegetated buffer (measured from top-of-bank)that meets the planting specifications in the Guidelines for Riparian Buffer Restoration is required. The DWQ highly recommends that you speak with C1earWater Environmental Consultants, Inc. regarding the specifics of the approved plan and what is required as the work is being performed and after the project is completed. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org Aahmallff An Equal Opportunity%Affirmative Action Employer Mr.Banks March 24,2010 Page 2 of 2 Should you have further questions regarding this letter,please contact me at (828)296-4500. Sincerely, Fob Susan A. on, Environmental Engineer Surface Water Protection cc: ARO File Copy Clement Riddle, C1earWater Environmental Consultants, Inc. Chuck Watson, City of Asheville S:\S WP\Buncombe\401s\Non-DOT\Banks.Buncombe\Bank s-West\LTR.03.23.10.doc "++��;' \r E North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 2), 2010 Ms. Julie Haigler Cubeta, Senior Director Physical Infrastructure Office NC Rural Economic Development Center 4021 Carya Drive Raleigh,North Carolina 27610 Subject: Collection System Study Permit No. WQCSOOI 11 To,vvn of Tryon 'I'own of Tryon Collection System Polk County Dear Ms. Cubeta: The Town of Tryon's aging collection system has been experiencing frequent sanitary sewer overflows in the last year. Investigation into the integrity of the collection system has exposed problems with inflow and infiltration,however, at this time the system is not a candidate for a Special Order by Consent. Civil penalties for these SSOs have been assessed by the Asheville Regional office and more are anticipated. A collection system assessment needs to be conducted and the Town is seeking assistance in funding a study at this time. If an SOC is anticipated based on the collection system assessment,the Town will also need to explore any and all funding sources so that they may be able to meet the requirements in the Special Order by Consent. A collection system analysis is the first logical step in removing extraneous flow from the Town's collection system and will be the basis for determining if the Town should enter into an SOC. The Asheville Regional Office strongly supports the Town of Tryon's endeavors to secure funding for this project. Sincerely, F Roger C. Edwards, Supervisor Surface Water Protection Section Division of Water Quality Asheville Regional Office Cc: Central Files PERCS Justin Hembree Tryon Town Manager Jonathan F.Hollifield Watermark Engineering One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollna N�turallyPhone:828-2964500\FAX:828-299-7043\customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer S:\SWP\Polk\Collection Systems\Tryon Collection System\Collection System Study.doc A'4 RUDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary March 24, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 9073 Mr. Ron Shemesh, CEO 159 Babcock Company LLC 1379 Old Rosman Highway Brevard,North Carolina 28712 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 Permit NC0000108 159 Babcock Company LLC Excelsior Packaging Group WWTP Case No. LV-2010-0091 Transylvania County Dear Mr. Shemesh: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$167.00 ($100.00 civil penalty + $67.00 enforcement costs) against 159 Babcock Co. LLC. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by 159 Babcock Co. LLC for the month of October 2009. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0000108. The violations which occurred in October 2009 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that 159 Babcock Co. LLC violated the terms, conditions or requirements of NPDES Permit NC0000108 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 Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against 159 Babcock Co. LLC: iNorthCaroliina SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Naturally Location:2090 U.S. Highway 70,Swannanoa, NC 28778 Phone:(828)296-4500\FAX:828 2997043\Customer Service: 1-877-623-6748 Internet:www.ncwaterguality.org 0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $.00 NC0000108, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for FEC COLI. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $100.00 NC0000108, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for TSS - Cone. $100.00 TOTAL CIVIL PENALTY $67.00 Enforcement Costs $167.00 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. 14313-282.1(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 days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (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: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 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 Quality 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 14313-282.1(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 the Division of Water Quality 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 Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 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 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) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh,NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 l period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, /g ) Roger C. Edwards, Regional Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Asheville Files w/ attachments DWQ Central Files w/attachments Bob Guerra/DWQ Enforcement Files w/attachments Royal Water Works/ ORC w/attachments titi;2t��s'•l.�czlshsr0V1FA V-1o10-OgQ1 O'-'_+-IbAoc DWQ Case Number: LV-2010-0091 County: Transylvania Assessed Party: Excelsior/ 159 Babcock Company WWTP Permit No.: NC0000108 Amount Assessed: $167.00 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 applies. 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 neeessary 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 ENVIRONMENT AND NATURAL RESOURCES COUNTY OF TRANSYLVANIA IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN' OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS EXCELSIOR/ 159 BABCOCK COMPANY ) PERMIT NO. NC0000108 ) FILE NO. LV-2010-0091 Having been assessed civil penalties totaling$167.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated March 24, 2010, 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 Quality 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 W a) N a U U F W W Z E E O :3 d Q E E > O �E d Q O O Z O LLJ W p 0� co e W rW Q� o 0 J (D m Uj J Q U f� �C � ~ o _ o � � J H C as L F �W j OD o - !- F.U) o E D D w # O 2 U r- am V o 0 Q J O U {— o N� z Z U a > > i LLJ Y > O d i cr U Q s F- m O o 0 Q Z gQ N N W O O O Q U Q 3 O (15 V C Y U f6 d W U L J C W Q O U f� U K w U) X a LL H W z o d Q 3 U U w w L O J wn o 0 FL o 0 7 O O Cl 0 O ZF rn rn O 00 o 0 p O 00 N N U O Zw O o Z M 2 {- O J p p 0 o aE W E!' p . J a. `�' M D H-R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary March 24, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 9066 Ms. Patty Elliott I T & K Enterprises 3365 Sugar Hill Road Marion,North Carolina 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 Permit NCO086428 I T & K Enterprises Marion Travel Plaza WWTP Case No. LM-2010-0013 j McDowell County Dear Ms. Elliott: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$473.25 ($406.25 civil penalty + $67.00 enforcement costs) against I T & K Enterprises. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by I T & K Enterprises for the month of October 2009. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0086428. The violations which occurred in October 2009 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that I T &K Enterprises violated the terms, conditions or requirements of NPDES Permit NCO086428 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 Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against I T & K Enterprises: NorthCarolina naturally SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S. Highway 70,Swannanoa, NC 28778 Phone:(828)296-4500\FAX:828 2997043\Customer service: 1-877-623-6748 Internet:www.newaterguality.org <a- $312.50 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0086428, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for NH3-N - Cone. 1 of the 1 violations of G.S. 143-215 and NPDES Permit No. $62.50 NC0086428, for failure to properly monitor Oil & Grease in violation of the Permit Monitoring requirements. 1 of the 1 violations of G.S. 143-215 and NPDES Permit No. 31.25 NC0086428, for failure to properly monitor MBAS in violation of the Permit Monitoring requirements. $406.25 TOTAL CIVIL PENALTY $67.00 Enforcement Costs $473.25 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. 14313- 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 days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (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: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 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 Quality 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 14313-282.1(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 the Division of Water Quality 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 Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 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 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) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh,NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, _ J Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Asheville Files w/ attachments DWQ Central Files w/attachments Bob Guerra/DWQ Enforcement Files w/attachments KACE Environmental/ORC w/attachments 5 4s'( 1ci3orli ll";i C^ti <xt 1,1irx,�3<.ai:.r ia;e! I%itx.�:i'�Z �t �ti_�_i�. !(3-d(k JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LM-2010-0013 County: McDowell Assessed Party: Marion Travel Plaza WWTP Permit No.: NC0086428 Amount Assessed: $473.25 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 applies. 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 ENVIRONMENT COUNTY OF MCDOWELL AND NATURAL RESOURCES IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND MARION TRAVEL PLAZA WWTP ) STIPULATION OF FACTS PERMIT NO. NC0086428 ) FILE NO. LM-2010-0013 Having been assessed civil penalties totaling $473.25 for violation(s) as set forth in the assessment document of the Division of Water Quality dated March 24, 2010, 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 Quality 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 y SIGNATURE ADDRESS TELEPHONE w W O O EL CL a) r F W F o 0 z d z > O O cTi c'i > f > ti W Q � Z O w wl= >g o >O J c� J o 0 W W 1-W f W J= J J U> ° U> U U _ F F- N J J O 0 v LLW OW 07 E E Z zQ E zW O _� U M O O Q N U U z z W _ z aC;+ D M a s ` llJ ,`d 2 W u0i J 2 W LL a W z z H Y m O o pW o o Q D <Q M as z po 0 00 0 0 w > U a N w a w o w F- W v W W (n C Q Z Q to U O KA m cLO a z CL :E p z z O c O c c J Q n Q U 0 W p W W LL J J J J LL. LL D 00 p y O C O �� o �� 0 0 OaN0Da No N_ w WO g 0 0 c J 0 J N 0 w Q W Q N ILz co W cn O W vl J a "' � a 4� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 24,-2010 Jeff Lamm Southern Concrete Materials, Inc. PO Box 5395 Asheville,NC 28813 SUBJECT: NPDES Stormwater Permit Compliance Inspection Southern Concrete Materials -- Sheperd St. Permit No: NCG140155 Henderson County Dear Mr. Lamm: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on March 9, 2010. The facility was found to be in compliance with permit NCG140155. Enclosed is a copy of the Compliance Inspection Report,which contains additional observations and comments for your reference. Please contact me at (828) 296-4664 or chuck cranfordgncdenngov , if I can be of any further assistance. Sincerely, Chuck ranford Environmental Specialist Surface Water Protection Enclosure cc: Central Files Asheville Files S:\SWP\Henderson\Stormwater\NCG14 Ready Mix\SCM\Hendersonville-140155\CEI.3.9.10.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 011e Phone:828-296-4500\FAX:828-299-7043\Customer service:1-877-623-6748 NorthCarollna Internet:www.ncwaterqualo.org naturally An Equal Opportunity\Affirmative Action Employer Naturally Compliance Inspection Report Permit: NCG140155 Effective: 08/01/09 Expiration: 06/30/11 Owner: Southern Concrete_Materials Inc SOC: Effective: Expiration: Facility: Southern Concrete Mat-Henderso County: Henderson 715 Shepherd St Region:.Asheville Hendersonville NC 28739 Contact Person: James F Combest Title: Phone: 828-253-6421 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 03/09/2010 Entry Time: 11:00 AM Exit Time: 11:45 AM Primary Inspector: Chuck Cranford Phone: Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Ready Mix Concrete Stormwater/Wastewater Discharge COC Facility Status: ■ Compliant ❑ Not Compliant Question Areas: ®Storm Water (See attachment summary) Page: 1 Permit: NCG140155 Owner-Facility: Southern Concrete Materials Inc Inspection Date: 03/09/2010 Inspection Type: Compliance Evaluation Reason for Visit:Routine Inspection Summary: DWQ staff was met on site by Jeff Lamm and two other staff members. A tour was conducted of the facility, observing the stormwater conveyances and outfalls and site conditions. During the visit, the SPPP manual was reviewed, operational activities and existing stormwater exposures were discussed. Permit requirements were also reviewed as pertaining to the most recent permit version, dated August 1, 2009. At the time of the inspection the site was found to be in compliance with the permit. The inspector noted that the facility appeared to maintain good housekeeping practices and records were found to be in good order. Two noteworthy items were indicated during the visit: 1. Retail chemical products in metal buckets were being stored outside without protection from weather. These items should be stored under roof or otherwise protected. 2.A stormwater ditch along the eastern boundary of the property required some cleanout and maintenance to prevent erosion. Page: 2 Permit: NCG140155 Owner-Facility: Southern Concrete Materials Inc Inspection Date: 03/09/2010 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ® ❑ n n #Does the Plan include a General Location (USGS) map? ® n n n #Does the Plan include a"Narrative Description of Practices"? ® ❑ n n #Does the Plan include a detailed site map including outfall locations and drainage areas? ® n n #Does the Plan include a list of significant spills occurring during-the past 3 years? ® n ❑ n #Has the facility evaluated feasible alternatives to current practices? ■ n ❑ El #Does the facility provide all necessary secondary containment? ® n n n #Does the Plan include a BMP summary? ® n n n #Does the Plan include a Spill Prevention and Response Plan(SPRP)? ■ n n n #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ® n n n #Does the facility provide and document Employee Training? ■ n n ❑ #Does the Plan include a list of Responsible Party(s)? n n n #Is the Plan reviewed and updated annually? ■ n n n #Does the Plan include a Stormwater Facility Inspection Program? ® n n n Has the Stormwater Pollution Prevention Plan been implemented? ® n n n Comment: Site map should be updated. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ n ❑ n Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ n n n #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ■ n Cl n Comment: Permit and Outfalls Yes No NA NE #Is a copy of the Permit and the Certificate of Coverage available at the site? ■ n n n #Were all outfalls observed during the inspection? ■ ❑ n ❑ #If the facility has representative outfall status, is it properly documented by the Division? n ❑ ■ n #Has the facility evaluated all illicit(non stormwater)discharges? ■ n n n Comment: Page: 3 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 25, 2010 Brian Ferrand Selee Corporation 700 Shepherd Street Hendersonville,NC 28792 SUBJECT: NPDES Stormwater Permit Compliance Inspection Selee Corporation Permit No: NCG070156 Henderson County Dear Mr. Ferrand: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on March 9, 2010. The facility was found to be in compliance with permit NCG070156. Enclosed is a copy of the Compliance Inspection Report,which contains additional observations and comments for your reference. Please contact me at(828) 296-4664 or chuck.cranfordncdenr.gov, if I can be of any further, assistance. Sincerely, Chuck anford Environmental Specialist Surface Water.Protection Enclosure cc: Central Files Asheville Files S:\SWP\Henderson\Stormwater\NCG07 Stone,Clay and Glass\SeleeCorp\CEI.3.9.10.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 NorthCarolina Internet:www.ncwaterquality.org / atur lzil An Equal Opportunity\Affrm9tive Action Employer Compliance Inspection Report Permit: NCG070156 Effective: 06/01/08 Expiration: 05/31/13 Owner: Selee Corporation SOC: Effective: Expiration: Facility: Selee Corporation County: Henderson NCSR 1779 Region: Asheville Hendersonville NC 28792 Contact Person: Brian Ferrand Title: Phone:828-697-2411 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 03/09/2010 Entry Time: 12:00 PM Exit Time: 01:00 PM Primary Inspector: Chuck Cranford Phone: Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Stone,Clay, Glass, and Concrete Products Stormwater Discharge COC Facility Status: ■ Compliant Q Not Compliant Question Areas: ®Storm Water (See attachment summary) i Page: 1 .. ....... . Permit:NCG070156 Owner-Facility: Selee Corporation Inspection Date: 03/09/2010 Inspection Type: Compliance Evaluation Reason for Visit:Routine Inspection Summary: DWQ staff was met on site by Gerald Rice along with several other staff members. A tour was conducted of the exterior of the facility and a portion of the interior, observing the stormwater conveyances and outfalls and site conditions. During the visit, the SPPP manual was reviewed, operational activities and existing stormwater exposures were discussed. Permit requirements were also reviewed as pertaining to the most recent permit version, dated June 1, 2008. At the time of the inspection the site was found to be in compliance with the permit. The inspector noted that the facility appeared to maintain good housekeeping practices and records were found to be in good order. Two noteworthy items were indicated during the visit: 1.The "ditch"along Sheperd Street would likely be identified as a stream by DWQ. Any work or impacts in that body of water would need to be permitted. Improvements (e.g., vegetative planting, reduced mowing) along the buffer of the channel would benefit the stream. An official stream identification to properly determine whether that is a stream could be completed by DWQ, if desired, and may be initiated by DWQ when in the vicinity. 2. Eroded materials are entering the storm drain adjacent to the dumpsters at the southwest corner of the building. This sediment appears to be discharging to the stream along Shepherd Street. Erosion protection and/or stormdrain protection should take place to eliminate this issue. Page: 2 Permit: NCG070156 Owner-Facility: Selee Corporation Inspection Date: 03/09/2010 Inspection Type: Compliance Evaluation Reason for Visit:Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ® n ❑ n #Does the Plan include a General Location (USGS)map? ® n n n #Does the Plan include a"Narrative Description of Practices"? ® ❑ ❑ #Does the Plan include a detailed site map including outfall locations and drainage areas? ® ❑ Cl ❑ #Does the Plan include a list of significant spills occurring during the past 3 years? ® n n ❑ #Has the facility evaluated feasible alternatives to current practices? ® n ❑ n #Does the facility provide all necessary secondary containment? ® ❑ n #Does the Plan include a BMP summary? ® n n n #Does the Plan include a Spill Prevention and Response Plan(SPRP)? ® ❑ ❑ n #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ Q ❑ #Does the facility provide and document Employee Training? ® n ❑ ❑ #Does the Plan include a list of Responsible Party(s)? ® n ❑ n #Is the Plan reviewed and updated annually? ® n n #Does the Plan include a Stormwater Facility Inspection Program? n ❑ Has the Stormwater Pollution Prevention Plan been implemented? ■ n ❑ n Comment: Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ n ❑ Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ❑ ❑ ■ #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? n n ® ❑ Comment: Permit and Outfalls Yes No NA NE #Is a copy of the Permit and the Certificate of Coverage available at the site? ■ 0 00 #Were all outfalls observed during the inspection? 0 ❑ ❑ 0 #If the facility has representative outfall status,is it properly documented by the Division? 0 0 n ❑ #Has the facility evaluated all illicit(non stormwater)discharges? ® n Cl Comment: Page: 3 l NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 26, 2010 Mr. Layton Schuh Clay County Water& Sewer Post Office Box 838 Haynesville,NC 28904 Subject: Gravity Sever Permitting/Flow Allocations Clay County Water & Sewer NPDES Permit NCO026697 Clay County,NC Dear Mr. Schuh: Staff of the Asheville Regional Office has reviewed the information, which you provided to us, regarding the Clay County Water and Sewer District waste water flow allocations. While we have no objections to reallocating flow from some of the un-built projects so you can accommodate the proposed connection of the Jackrabbit Campground and Truitt Baptist Camp, it is a concern that the WWTP over allocated on paper. As a means to prevent further over allocation, it is the intent of this Office to not issue any additional collection system permits until the time that Clay County Water& Sewer convinces DWQ that the problem has been adequately addressed. Possible ways to alleviate this issue would be to expedite the planned expansion of the WWTP, or to further reallocate all currently permitted gravity sewer systems which have not been completed, or those which have no plans for further development in the near future. If you have any questions regarding this matter, please do not hesitate to contact Keith Haynes or me at 828-296-4500. Sincerely, RogeEdwards, Regional Supervisor Surface Water Protection SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarohna --� Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 '/y��//� Internet: www,ncwaterquality.org �atu " An Equal Opportunity\Affirmative Action Employer 4;:ji NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 26,2010 Henderson County DWQ Project 20100184 TIP No. B-4145 NCSR 1006(Howard Gap Road) Approval of 401 Water Quality Certification with Additional Conditions Mr. J. B. Setzer, P.E. Division 14 Engineer North Carolina Department of Transportation 253 Webster Road Sylva,North Carolina,28779 Dear Mr. Setzer: You have our approval, in accordance with the conditions listed below, for the following impacts in Dunn Creek for the purpose of replacing Bridge No. 56 with a two (2)barrel box culvert on NCSR 1006 (Howard Gap Road ) in Henderson -(:ounty: Stream Impacts in the French Broad River Basin Site Permanent Streambank Permanent Temporary Total Stream Fill in Stabilization Fill in Impacts in Stream Impacts Intermittent in Perennial Perennial Perennial Impact Requiring Stream (linear Stream Stream Stream (linear ft) Mitigation ft) (linear ft linear ft)._ linear ft linear ft Site 1 0 0 86 0 86 0 Site 2 0 0 0 125 125 0 Total 0 0 86 125 1 211 0 Total Permanent Stream Impacts for Project: 86 linear ft.Total Temporary Stream Impacts for Project: 125 linear feet. The project should be constructed in accordance with your application dated March 2, 2010 (received March 8, 2010), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3704, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 1 ' 70cation:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Nof thCarohna _Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 Naturally Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer ... __....... . ........ ..._..... . Mr. J. B. Setzer, P.E. March 26, 2010 Page Two This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre, or if total impacts to streams(now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s) of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Contro'_ ` Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. NCDOT will need to adhere to all appropriate in-water work moratoria prescribed by the North Carolina Wildlife Resources Commission. 5. Unless otherwise approved in this certification, placement of culverts and other structures in open waters, streams and wetlands shall be placed 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 48 inches,to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 6. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases wate' "` velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. J. B. Setzer, P.E. March 26, 2010 Page Three 7. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted area shall be revegetated with appropriate native species. 8. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 9. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 10. For the 125 linear feet of streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction contours and revegetated with appropriate native species. 11. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 12 The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 13. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 14. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 15. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. `6. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 17. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 18. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 19. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 20. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 21. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 22. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 23. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 24. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 25. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 26. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use) or that State of Federal law is being violated, or that further conditions are necessary toeassure compliance,NCDWQ may reevaluate and modify this certification. ._... .___._..... Mr. J. B. Setzer,P.E. March 26, 2010 Page Four 27. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 28. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 29. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This 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,N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, Coleen H. Sullins, Director Division of Water Quality cc: David Baker, USACE, Asheville Field Office Mark Davis, Division 14, DEO Ed Ingle, Roadside Environmental Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 100184(Setter)TIP B-4145 NCSR 1006 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 29, 2010 Martin Lashua, Regional Director CWS Systems, Inc. 5701 Westpark Dr., Suite 101 Charlotte, N.C. 28217 Subject: Permit No. W00034674 CWS Systems, Inc. Fairfield Sapphire Hwy 64 Gravity Sewer Extension Wastewater Collection System Extension Jackson County Dear Mr. Lashua: In accordance with your application received March 23, 2010, we are forwarding herewith - ' Permit No. WQ0034674, dated March 29, 2010, to CWS Systems, Inc. for the construction and operation 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 incorporated therein by reference. Please send Don Price a copy. of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which 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. (Also note Permit Condition 12 regarding future flow allocation to the subject wastewater collection system.) Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) 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 the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility 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. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa,NC 28778 Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Martin Lashua March 29, 2010 Page 2 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 CWS Systems, Inc. for the construction and operation of approximately 883 linear feet of 8-inch gravity sewer to serve 8 2-bedroom residences and 4 office(s) with 2 employees as part of the Fairfield Sapphire Hwy. 64 Gravity Sewer Extension project, and the discharge of 2,120 gallons per day of collected domestic wastewater into the Fairfield Sapphire's existing sewerage system, pursuant to the application received March 23, 2010 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 Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Fairfield Sapphire Wastewater Treatment Facility (Permit No. NC0022985) prior to being discharged into the receiving stream. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. 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. 4500. If you need additional information concerning this matter, please contact Don Price at (828) 296- Sincerely, for co, H. Sullins, Director Division of Water Quality cc: Jackson County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0022985) Robert G. Burgin, Jr. P.E., Burgin Engineering, Inc. Surface Water Protection Section Central Files PERCS Files S:1SWPWacksonlCo11ection S stemsTairFeld Sapphire Collection S stemlW 0034674 Fairfield Sapphire Hwy 64 Gravity Sewer Extension 03 29 2010.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (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 unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. 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 as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be 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-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. 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 §143-215.1 C. 1 PERMIT NO WQ0034674 WS Systems Inc Hwy 64 Gravity Sewer Extension Jackson Co ntyMarch 29, 2010 4. 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. 5. 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. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with 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 Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. 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. 9. 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. 10. 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 other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 PERMIT NO W00034674.CWS Systems Inc Hwy 64 Gravity Sewer Extension Jackson CountyMarch 29 2010 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 failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. 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 Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), 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. 12. [CONSTRUCTION ONLY] This permit shall be for the construction of the wastewater collection facilities only. No flow shall be made tributary to the subject facilities until permit modification application is submitted (with the appropriate fee), a modified permit is issued, and the Engineer's Certification is received and approved by the Division. 13. [ADDITIONAL WASTEWATER FOR UNKNOWN DEVELOPMENT] If, at any time, the additional wastewater flow volume made tributary to this sewer extension is believed to exceed the value permitted herein, a modification shall be requested for this permit from the Division of Water Quality to properly allocate the subject wastewater flow. Permit issued this the 29tt Day of March, 2010 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION -A,6--rAl Q for Col ` n H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0034674 3 ...-._.--.... .. -__.-.. PERMIT NOW 0034674, CWS Systems Inc, Hwy 64 Gravity Sewer Extension--Jackson CountyMarch 29, 2010 ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description permission is hereby granted to the CWS Systems, Inc. for the construction and operation of approximately 883 linear feet of 8-inch gravity sewer to serve 8 2-bedroom residences and 4 office(s) with 2 employees as part of the Fairfield Sapphire Hwy. 64 Gravity Sewer Extension project, and the discharge of 2,120 gallons per day of collected domestic wastewater into the Fairfield Sapphire's existing sewerage system Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, 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 above referenced project for the 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 2T; the Division of Water Quality's (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, signature, and date: .......................................................................... SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 .................................................................................. ..............: The Permittee is responsible for tracking all partial certifications up until a final certification is received. 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. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Goleen H. Sullins Dee Freeman Governor Director Secretary March 29, 2010 Mr. David Epley, Town Administrator Town of Long View 2404 1st Avenue SW Long View, N.C. 28602 Subject: Permit No. WQ0034662 Town of Long View Maple Springs Laundry Sewer Relocation Wastewater Collection System Extension Burke County Dear Mr. Epley: In accordance with your application received March 22, 2010, we are forwarding herewith Permit No. WQO034662,dated March 29, 20110 to the Town of Long View for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, and shall bey subject to the conditions and limitations as specified therein. This cover letter shall be considered) a part of this permit and is incorporated therein by reference. Please send Don Price a copy of the "notice to proceed issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which 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. (Also note Permit Condition 12 regarding future flow allocation to the subject wastewater collection system.) Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) 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 the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties lin 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. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70, Swannanoa, NC 28778 Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Town of Long View March 29, 2010 Page 2 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 Long View for the relocation, construction, and operation of approximately 255 linear feet of 8-inch gravity sewer to accommodate proposed site improvements to the Maple Springs Laundry facility, as part of the Maple Springs Laundry Sewer Relocation project, and the discharge of 0 gallons per day of collected domestic wastewater into the City of Hickory's existing sewerage system, pursuant to the application received March 22, 2010 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 Environment and Natural Resources and considered a part of this permit; The sewage and wastewater collected by this system shall be treated in the City of Hickory's Henry Fork Wastewater Treatment Facility (Permit No. NC0040797) prior to being discharged into the receiving stream. This permit shall become voidable unless the agreement between Town of Long View and the City of Hickory for the collection and final treatment of wastewater is in full force and effect. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. 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. 4500. If you need additional information concerning this matter, please contact Don Price at (828) 296- Sincerely, -iTayLG�a for Coleen H. Sullins, Director Division of Water Quality cc: Burke County Building Inspector MRO, Surface Water Protection (WWTF Permit No. NC0040797) Douglas G, Chapman, P.E.; McGill Associates, P.A. City of Hickory, Henry Fork WWTP Surface Water Protection Section Central Files PERCS Files SASWP\Burke\Collection SvstemSIMCS0034662 Town of Long View 03 29 2010 doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (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 unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. 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 as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land. or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be 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-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. 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 §143-215.1 C. 1 PERMIT NO W00034662, Town of Long View MapleSprings Laundry Sewer Relocation Burke County3/29/2010 4. 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. 5. 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. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with 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 Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. 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. 9. 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. 10. 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 other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 PERMIT NO W00034662 Town of Long View .Ma.l2le Springs Laundry Sewer Relocation Burke County3/29aQ-10 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 failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. 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 Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), 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. 12. [CONSTRUCTION ONLY] This permit shall be for the construction of the wastewater collection facilities only. No flow shall be made tributary to the subject facilities until permit modification application is submitted (with the appropriate fee), a modified permit is issued, and the Engineer's Certification is received and approved by the Division. Permit issued this the 29`h Day of March, 2010 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Tor ol&en H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0034662 3 PERMIT NO W00034662, Town of Long View Maple Springs Laundry Sewer Relocation Burke County3/29/2010 ENGINEERING CERTIFICATION- POST CONSTRUCTION System Description: permission is hereby granted to the Town of Long View for the relocation, construction, and operation of approximately 255 linear feet of 8-inch gravity sewer to accommodate proposed site improvements to the Maple Springs Laundry facility, as part of the Maple Springs Laundry Sewer Relocation project, and the discharge of 0 gallons per day of collected domestic wastewater into the City of Hickory's existing sewerage system, Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any chanqes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEERS CERTIFICATION ❑ Partial ❑ Final I, 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 above referenced project for the 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 2T; the Division of Water Quality's (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, signature, and date: .................................................................................................. SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ......................................................................................... , The Permittee is responsible for tracking all partial certifications up until a final certification is received.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. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 29, 2010 Kenneth Appling Appling Greek/Italian Restaurant 426 Baxter Cemetary Road Forest City, N.C. 28043 Subject: Permit No. W00034659 Kenneth Appling Appling Greek/Italian Restaurant Pvt. Lift Sta. Wastewater Collection System Extension Rutherford County Dear Mr. Appling: In accordance with your application received March 22,2010 we are forwarding herewith Permit No. WQ0034659, dated March 29, 2010, to Kenneth Appling for the construction and operation 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 incorporated therein by reference.). Please send Don Price a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which 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. (Also note Permit Condition 12 regarding future flow allocation to the subject wastewater collection system.) Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) 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 the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility 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. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70, swannanoa, NC 28778 Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Kenneth Appling March 29, 2010 Page 2 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 Kenneth Appling for the construction and operation of approximately a 50—gallon per minute pump station with duplex pumps, on-site audible and visual high water alarms, a portable generator receptacle with telemetry; as well as approximately 200 linear feet of 2-inch force main to serve a 50 seat restaurant as part of the Appling Greek/ Italian Restaurant project, and the discharge of 2000 gallons per day of collected domestic wastewater into the Town of Forest City's existing sewerage system, pursuant to the application received March 22,2010 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 Environment and Natural Resources and considered a part of this permit; The sewage and wastewater collected by this system shall be treated in the Town of Forest City's Wastewater Treatment Facility (Permit No. NC0025984) prior to being discharged into the receiving stream. This permit shall become voidable unless the agreement between Kenneth Appling and the Town of Forest City for the collection and final treatment of wastewater is in full force and effect. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. 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. If you need additional information concerning this matter, please contact Don Price at (828) 296- 4500. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Rutherford County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0025984) David W. Odom, P.E., Odom &Associates Engineering, Inc. Town of Forest City WWTP Surface Water Protection Section Central Files PERCS Files S\SWPIRutherford\Collection Systems\Forest City Collection System\WQ0034669 Appling Greek Italian Restaurant 03 29 2010.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (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 unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. 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 as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be 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-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. 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 §143-215.1 C. t PERMIT NO W00034659 Kenneth�plina Applina Greek/ Italian Restaurant Rutherford County March 29 2010 4. 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. 5. 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. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with 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 Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. 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- 215.6Athrough §143-215.6C. 9. 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. 10. 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 other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quq[LtyL staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 PERMIT NO W00034559 Kenneth Appling. Appling Greek/ Italian Restaurant Rutherford County March 29,2010 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 failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. 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 Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), 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. 12. [CONSTRUCTION ONLY] This permit shall be for the construction of the wastewater collection facilities only. No flow shall be made tributary to the subject facilities until permit modification application is submitted (with the appropriate fee), a modified permit is issued, and the Engineer's Certification is received and approved by the Division. Permit issued this the 29th Day of March, 2009 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for en H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0034659 3 .. . ............ . _ _ ___ ......_... i� PERMIT NO W00034659 Kenneth Appling. Appling Greek/ Italian Restaurant Rutherford County March 29, 20 0 ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: permission is hereby granted to Kenneth Appling for the construction and operation of approximately a 50—gallon per minute pump station with duplex pumps, on-site audible and visual high water alarms, a portable generator receptacle with telemetry; as well as approximately 200 linear feet of 2-inch force main to serve a 50 seat restaurant as part of the Appling Greek/ Italian Restaurant project, and the discharge of 2000 gallons per day of collected domestic wastewater into the Town of Forest City's existing sewerage system Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit _modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEERS CERTIFICATION ❑ Partial ❑ Final 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 above referenced project for the 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 2T; the Division of Water Quality's (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, signature, and date: .................................................................. SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 - ................................................................................................: The Permittee is responsible for tracking all partial certifications up until a final certification is received.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. �__. i /�,.. ";e,, RCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Goleen H, Sullins Dee Freeman Governor Director Secretary March 29, 2010 Saeed Assadzandi, General Manager Champion Hills Property Owners Association 5 Pine Shadow Drive Hendersonville, N.C. 28739 Subject: Permit No. WQ0034661 Champion Hills Property Owners Association The Vistas at Champion Hills Wastewater Collection System Extension Henderson County Dear Mr. Assadzandi: - ' In accordance with your application received March 15, 2010, and additional information received on March 18, 2010, we are forwarding herewith Permit No. W00034661, dated March 29, 2010, to Champion Hills Property Owners Association for the construction and operation 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 incorporated therein by reference. Please send Don Price a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which 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. (Also note Permit Condition 12 regarding future flow allocation to the subject wastewater collection system.) Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) 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 the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility 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. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa,NC 28778 Telephone (828)296-4500 Fax (828)299 7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper __ __ i_ Saeed Assadzandi March 29, 2010 Page 2 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 Champion Hills Property Owners Association for the construction and operation of approximately 1183 linear feet of 8-inch gravity sewer; to serve 20 4-bedroom residences as part of the Vistas at Champion Hills sewer project, and the discharge of 8,000 gallons per day of collected domestic wastewater into the Champion Hill's existing sewerage system,pursuant to the application received March 15,2010 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 Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Champion Hills Wastewater Treatment Facility (Permit No. NC0087106) prior to being discharged into the receiving stream.The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. 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. � If you need additional information concerning this matter, please contact Don Price at (828) 296- 4500. Sincerely, � � for Coleen H. Sullins, Director Division of Water Quality cc: Henderson County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0087106) Gary D. Davis, P.E., Davis Civil Solutions, P.A. Surface Water Protection Section Central Files PERCS Files S:\SWP1Henderson\Collection S stemslCham ion Hills Collection S stem\WQ0034661 The Vistas at champion Hills 03 29 2010.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (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 unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. 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 as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be 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-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. 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 §143-215.1 C. r ...__.._.... ........ . /� 1 ��'. PERMIT NO W00034661 Champion Hills POA, The Vistas at Champion Hills Henderson CountyMarch 29. 2010 4. 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. 5. 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. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with 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 Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. 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. 9. 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. 10. 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 other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 PERMIT NO W00034661 Champion Hills POA The Vistas at Champion Hills, Henderson CountyMarch 29. 2010 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 failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. 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 Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), 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. 12. [CONSTRUCTION ONLY] This permit shall be for the construction of the wastewater collection facilities only. No flow shall be made tributary to the subject facilities until permit modification application is submitted (with the appropriate fee), a modified permit is issued, and the Engineer's Certification is received and approved by the Division. 13. [ADDITIONAL WASTEWATER FOR UNKNOWN DEVELOPMENT] If, at any time, the additional wastewater flow volume made tributary to this sewer extension is believed to exceed the value permitted herein, a modification shall be requested for this permit from the Division of Water Quality to properly allocate the subject wastewater flow. 14. [FUTURE HOUSES] An additional permit amendment (complete with fee) must be requested and received from the Division of Water Quality prior to serving any units in addition to the 20 permitted herein. Permit issued this the 29th Day of March, 2010 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for C een H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0034661 3 .._.__..... . f >,\ `, PERMIT NO W00034661 Champion Hills POA The Vistas at Champion Hills..Henderson CountyMarch 29.Q0 ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: permission is hereby granted to the Champion Hills Property Owners Association for the construction and operation of approximately 1183 linear feet of 8-inch gravity sewer; to serve 20 4-bedroom residences as part of the Vistas at Champion Hills sewer project, and the discharge of 8,000 gallons per day of collected domestic wastewater into the Champion Hill's existing sewerage system Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines)of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final 1, 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 above referenced project for the 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 2T; the Division of Water Quality's (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, signature, and date: ..............:................................................ SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 .............. ................................................................................: J The Permittee is responsible for tracking all partial certifications up until a final certification is received. 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. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 29, 2010 Mr. J. B. Setzer, P.E. Division 14 Engineer N.C. Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection-US Highway 64 DWQ Project 08-0396 TIP No.A-0011 BB Clay County Dear Mr. Setzer: On March 10, 2009, 1 inspected the construction work on US Highway 64 in Clay County and the project appears to be in relatively good shape considering the amount of rainfall received on the project. Construction work consists of heavy grading. The erosion and sedimentation control structures, vegetative covering, and matting appear to be working properly. Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached to this letter. If you have questions, please call me at 828-296-4500. Sincerely, , Michael R. Parker Environmental Senior Specialist Attachment cc: W. Trent Anderson Mark Davis, Division 14,DEO Ed Ingle, Roadside Environmental Transportation Permitting Unit Mike Parker, Asheville Regional Office (Setzer)US Highway 64 Inspection Letter March 2010 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778 8211 Phone:828-296-45001 FAX:828-299-7043 One. Customer Service:1-877-623-6748 NorthCarol_ina Internet:www,ncwaterguality.org v/�/�watts ll//b An Equal Opportunity 1 Affirmative Action Employer DWQ Site Visits for DOT Projects Field Sheet DWQ representative: Michael R. Parker -� Date: March 10,2010 County: I Clay Region: Asheville DOT Division: I Division 14 Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #: 08-0396 NW Permit#: IP#: _= Project Name: U S Hi hwav 6�Wi �p_A Location of Project: U S 64 from east of Hiwassee River to east of NC Highway 175 in Clay County Project Complete: ❑Yes X No If no, estimated date of completion: F77= Activities(DOT): Water Quality Concerns (DWQ): ❑ Bridge ❑ Steam Standards Violation X❑ Culvert X❑ Turbidity ❑ Bottomless Culvert ❑ Evidence of spills ❑ Bottomless Arch ❑ Oil/Petroleum X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste ❑ Spoil Pile ❑ Failed E & S control measures ❑ Borrow Pit X❑ Sedimentation Impacts ❑ Wetland Mitigation ❑ Stormwater Permit Violation ❑ Stream Restoration X❑ Fill ❑ On-site Stream Relocation ❑ Buffer Impacts(see below) ❑ Buffer Restoration ❑ Other X❑ Bank Stabilization ❑ Other Additional Wetland Impacts: ❑yes X❑ no Estimated Acres F== ❑ Zone 1 Est Acres F7�� ❑ Zone 2 Est Acres Additional Stream Impacts: ❑ yes X❑ no Est Linear feet F7= Estimated linear feet of impact: Buffer Impacts: ❑Neuse Mar-Pam ❑Randleman ❑Catawba Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft� ac Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impactF77ft= ac Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited ......_ . ...... DWO Site Visits for DOT Projects Background Info Name of Waterway(s): Downing Creek,John Reese Branch, Byers Branch, Chatuge Lake and unnamed tributaries to Hiwassee River Basin/Subbasin: Hiwassee 040501 Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US) Stream Class: X❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW ❑HQW ❑WS-I ❑WS-IV ❑SA RCA Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert ❑Bridge ❑Bottomless Arch X❑Riprap Inlet/Outlet Stabilization X❑Fill Authorized Wetland Impacts: X❑0— 1/IOth acre ❑1/111h to 1/3`d acre ❑1/3 d to 1.0 acre ❑> 1.0 acre ` Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet Additional comments: Reviewed project with DOT staff. Grading is continuing with new areas under construction. Sediment and erosion control structures appear to be working properly. Seeding and/or matting should be performed as new areas are graded. Some slope and bare areas need to be seeded. Ensure that all sediment and erosion control devices are working properly. Check silt fence for proper installation and operation and make sure that the highly visible fencing is properly installed. Continue to maintain erosion control devices and continue with seeding and matting as required to protect State surface waters. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 29, 2010 Mr. J. B. Setzer, P.E. Division 14 Engineer N.C. Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection-NCSR 1331 Hanging Dog Road DWQ Project 09-0656 Cherokee County Dear Mr. Setzer: On March 10,2009, I inspected the construction work at Bridge 15 on NCSR 1331 (Hanging Dog Road) in Cherokee County. The project appears to be in relatively good shape but sediment should be removed from behind the sediment fence on the southwest side of the project and the area seeded. The erosion and sedimentation control structures,vegetative covering, and matting appear to be working properly. \ Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached to this letter. If you have questions,please call me at 828-296-4500. Sincerely, Michael R. Parker Environmental Senior Specialist Attachment cc: W. Trent Anderson Mark Davis, Division 14, DEO Ed Ingle, Roadside Environmental Transportation Permitting Unit Mike Parker, Asheville Regional Office (Setzer)Bridge 15 NCSR 1331 Inspection Letter March 2010 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 One Customer Service:1-877-623-6748 NOrt1lWrol.ina Internet:www.ncwaterqualiN.org Nahlrali An Equal Opportunity 1 Affirmative Action Employer DWQ Site Visits for DOT Projects Field Sheet DWQ representative: Michael R. Parker Date: March 10,2010 County: Cherokee Region: Asheville DOT Division: Division 14 Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #: 09-0656 -� NW Permit#: GP 31 IP# Project Name: NCSR 1331 Bridge Construction Location of Project: From the intersection of NCSR 1326 and 1331 travel north on NCSR 133 1 approximately 2.5 miles to the intersection of NCSR 1345. Project Complete: ❑Yes X No If no, estimated date of completion: Activities(DOT): Water Quality Concerns (DWQ): X❑ Bridge X Steam Standards Violation ❑ Culvert X Turbidity ❑ Bottomless Culvert ❑ Evidence of spills ❑ Bottomless Arch ❑ Oil/Petroleum X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste ❑ Spoil Pile ❑ Failed E& S control measures ❑ Borrow Pit X Sedimentation Impacts ❑ Wetland Mitigation ❑ Stormwater Permit Violation ❑ Stream Restoration ❑ Fill ❑ On-site Stream Relocation ❑ Buffer Impacts(see below) ❑ Buffer Restoration ❑ Other ❑ Bank Stabilization ❑ Other Additional Wetland Impacts: ❑ yes X❑ no Estimated Acres ❑ Zone 1 Est Acres�— ❑ Zone 2 Est Acres --� Additional Stream Impacts: ❑ yes X❑ no Est Linear feet F7== Estimated linear feet of impact: �— Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited DWQ Site Visits for DOT Projects Background Info Name of Waterway(s): Owl Creek Basin/Subbasin: Hiwassee 040502 Wetland Type: ❑Isolated x❑Non-Isolated (Waters of US) Stream Class: ❑Class B 0303d Listed ❑WS-11 ❑WS-V ❑SB X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW ❑HQW ❑ws-I ❑wS-IV ❑SA ❑CA Type of Authorized Impact: ❑Culvert ❑Bottomless Culvert X❑Bridge ❑Bottomless Arch X❑Riprap Inlet/Outlet Stabilization X❑Fill Authorized Wetland Impacts: ❑0— 1/10`h acre ❑1/1 Vh to 1/3`d acre ❑1/3`dto 1.0 acre ❑> 1.0 acre 1.59 acres Authorized Stream Impacts: X❑< 150 linear feet ❑> 150 linear feet 205 linear feet Additional comments: Construction is almost complete except for final grading and paving. Sediment had collected at silt fence on southwest side of bridge. The sediment should be removed and the areas seeded. Continue to maintain erosion control devices and continue with seeding and matting as required. NCSR 1331 09-0656 Inspection March 2010 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 29, 2010 Mr. Robert Fairbrother 2464 NW 641" Street Boca Raton, FL 33496 Subject: 401 Water Quality Certification -Approval Fairbrother Property Lots 38B, 39 DWQ Project# 10-0124 Jackson County LTN02 /Glenville Lake (Thorpe Lake)/2-79-23-(1)/WS-III, HQW, B Dear Mr. Fairbrother: The DWQ has completed the review of your 401 Water Quality Certification associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 1530 square feet (0.035 acres) of open waters below full pool elevation and 450 square feet (0.01 acres) above full pool elevation for the purpose of shoreline stabilization along 180 feet of shoreline at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 NorthCarohna Internet:www.ncwaterquality.org ��tltl�ll��l�f An Equal Opportunity 1 Affirmative Action Employer Mr.Fairbrother March 29,2010 Page 2 of 2 Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Waters 0.035 (acres) 1530 sq. ft. below lake level (rip rap fill, as indicated on plan) Waters 0.01 (acres) 450 sq. ft. above lake level Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the ' Clean Water Act. If you have any questions, please contact Susan A. Wilson in the Asheville Regional Office at 828-296-4500. Sincerely, Coleen H. Sullins, Director CHS/saw Enc: GC3693 Certificate of Completion cc: Lori Beckwith, USACE Asheville Regulatory Field Office 401 Permitting Unit—Central Office Jackson County Planning Bob Martin, P.O. Box 304, Glenville, NC 28736 Lisa Leatherman, Duke Energy, Lake Services ARO File Copy S:\SWP\Jackson\401s\Non-DOT\Fairbrother-bank stabilization Glenville\APRVL.401Fairbrother.03 2010.&_ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 29, 2010 John W. Repasky 5565 Pageland Hwy Lancaster, SC 29720 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2010-OP-0011 Stream Standard Violation- Other Waste (In-stream sediment) Failure to Secure a 401 Water Quality Certification(WQC) Rutherford County Response deadline: April 15, 2010 Dear Mr. Repasky: Thank you for discussing the situation on the telephone with Mr. Cranford. As he indicated,this letter was originally mailed via certified delivery on March 4, 2010,but was not accepted. On February 9, 2010, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality(DWQ) conducted a site inspection along Island Creek Road in Rutherford County. Stream standard and 401 certification violations were noted during the inspection and file review. Sediment and unpermitted fill (culvert) impacts to Island Creek(Class C waters)were documented. Approximately 900 feet of stream has been impacted by sediment and an approximate 20-foot culvert has been installed in the stream. Land disturbance along the stream, installation of the culvert and eroding roads have contributed sediment. VIOLATIONS I. Stream Standard Violation - Other Waste(In-stream sediment) 15ANCAC 02B .0211 (3)f-Approximately 900 feet of Island Creek(Class C waters) was impacted by sediment deposition upwards of 18 inches throughout the stream reach,representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f). H. Failure to Secure a 401 Water Quality Certification Violation 15A NCAC .0500—An approximate 20-foot culvert has been installed in the stream. This activity requires SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE OnrthCarolina Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 Naturiallff Internet: www.ncwaterquality.org An rniini n nnrtunihi\dffirmativo 4rtinn P—Inuar John W.Repasky March 29,2010 Page 2 of 4 permitting through the U.S. Army Corps of Engineers and must receive the corresponding Water Quality Certification from the DWQ. This Office requests that you respond in writing by April 15,2010. Your response should be sent to both the attention of Mr. Chuck Cranford, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response should address the following items: I. Stream Standard - Other Waste (In-Stream Sediment) • Please submit a Sediment Removal Plan to this office for review and approval. The plan must address removal of the accumulated sediment from Island Creek from the upstream end of an existing culvert located in the southern portion of your property throughout the stream reach beyond the newly installed culvert (approximately 900 feet total). The plan must be submitted to the Division of Water Quality for review and approval prior to implementation. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with development of your plan and authorization necessary to achieve compliance. It is recommended that your consultant contact Chuck Cranford of the Asheville Regional Office for additional guidance during plan development. The plan should include the following: ■ A narrative explaining how sediment will be removed and how impacted jurisdictional waters will be restored. ■ 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. ■ A narrative explaining how sediment will be retained on the site and kept out of waterways, and how restoration activities will be conducted such that turbidity standards are not exceeded. • Once the plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Chuck Cranford. II. Failure to Secure a 401 Water Quality Certification 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 culvert installation that has occurred. A 401 WQC will be required if the activities are permitted by the Corps. The application process as .,1 W.Repasky .March 29,2010 Page 3 of 4 described does not guarantee the impacts will be approved. It appears the culvert is not properly installed and if permitted will likely require re- installation. 2. Restoration of the streambank and channel. a. Provide a stream restoration plan that includes the removal of the culvert,restoration of the stream channel as well as the restoration of the streambank and buffer along the stream that has been graded. Satisfactory streambank restoration requires planting in accordance with the EEP Publication"Guidelines for Riparian Buffer Restoration". This document is available electronically at hiip://www.nceep.net/news/reports/buffers.pdf. If pursuing Option 1: a. Contact the United States 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 DWQ. If pursuing Option 2: a. Please submit a Stream Restoration Plan to this office for review and approval. The plan must address removal of the culvert,restoration of the stream channel as well as the restoration of the streambank and buffer along the stream as described above in Option 2. The plan must be submitted to the Division of Water Quality for review and approval. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with development of your plan and authorization necessary to achieve compliance. It is recommended that your consultant contact Chuck Cranford of the Asheville Regional Office for additional guidance during plan development. The plan should include the following: b. A narrative explaining how the restoration activities will be conducted. c. A diagram of the stream channel; including, details of the stream channel restoration and buffer planting in order to meet the guidelines noted above. Photo documentation of before and after conditions must be provided. d. A proposed schedule with dates that indicate when you expect to begin and complete the restoration work. e. Once the plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Chuck Cranford. .__..... ...... . ....____.. .. _ __. .._..... . .__.. . . John W.Repasky March 29,2010 Page 4 of 4 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 Quality 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 Chuck Cranford at (828) 296- 4664. Sincerely, 4��yA Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office cc: John Hennessy—NPS Assistance and Compliance Oversight Unit USACE Asheville ARO File Copy DWQ Central Files Darlene Kucken- DLR S:\S WP\Rutherford\Complaints\Repasky\NO V-2010-OP-0011.3.26.10.doc w NA- NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION March 30, 2010 Mr. Darhyl Boone Town of Mars Hill PO Box 368 Mars Hill, NC 287540368 SUBJECT: Compliance Evaluation Inspection Mars Hill Water Treatment Plant Wastewater Facility Permit No: NCO083712 Madison County Dear Mr. Boone: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on March 24, 2010. The facility was found to be in compliance with permit NC0083712. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, X�7 r �;'? Wanda P. Frazier Environmental Specialist Enclosure cc: Central Files Asheville Files S:\SWP\Madison\Wastewater\Municipal\Mars Hill WTP 83712\CEI.3-24-10.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 NorthCarolina Phone: (828)296-4500\FAX: 828 299-70431 Customer Service: 1-877-623-6748 ;Vaturallm Internet:www.ncwaterguality.org 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 I NI 2 15I 31 NCO083712 Ill 121 10/03/24 117 18I CI "I SI 20I I Remarks 211111IIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIII11111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA - -----------Reserved-- --—--- 671 1.0 169 70131 711 I 72 I N I 73 W 74 751 I I I I I Li 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) 12:15 PM 10/03/24 06/12/01 Mars Hill WTP Exit Time/Date Permit Expiration Date NCSR 1505 Mars Hill NC 28754 12:45 PM 10/03/24 10/09/30 Name(s)of Onsite Representative(s)ffitles(s)/Phone and Fax Number(s) Other Facility Data Floyd Stephen Rector/ORC/828-689-9850/ Name,Address of Responsible Official(Title/Phone and Fax Number Contacted Darhyl Boone,PO Box 368 Mars Hill NC 287540368//704-689-2301/ yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Operations&Maintenance N Records/Reports 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 Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Af EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 1 3I NC0083712 I11 12) 10/03/24 I17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The Town of Mars Hill's Water Plant wastewater system is classified as a Class I Physical Chemical wastewater treatment facility. Filter backwash from the water plant is discharged into a sludge holding lagoon (approximately 100 ft x 50 ft) for settling. The effluent is dechlorinated by use of a tablet dechlorinator. The accmulated sludge was pumped to a Geotube and dewatered last fall. Once dry, the solids will either be taken to the landfill or land applied. PERMIT/ INSPECTION /LOG: A review of the files indicates that the last.compliance evaluation inspection was conducted on 3-7-2007 by Janet Cantwell. The permit expires on 9-30-2010. A renewal application has been submitted by the permittee. EFFLUENT DATA: Temperature = 8.8 degrees Celsius pH = 7.3 units Chlorine = <17 ug/I OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY: Mr. Robert Sams, Director of Public Works, assisted in the inspection. He and Mr. Steve Rector appear to be operating and maintaining the facility very well. The effluent appeared to be in compliance with permit limits. Page# 2 Permit: NCO083712 owner-Facility: Mars Hill WTP Inspection Date: 03/24/2010 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? ■ n n n Is the facility as described in the permit? ■ n n Cl #Are there any special conditions for the permit? n ■ n n Is access to the plant site restricted to the general public? ■ n ❑ ❑ Is the inspector granted access to all areas for inspection? ■ n n n_ Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ Q ❑ n Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ❑ ❑ ■ 0 Judge,and other that are applicable? Comment: De-chlorination Yes No NA NE Type of system? Is the feed ratio proportional to chlorine amount(1 to 1)? n ❑ ■ n Is storage appropriate for cylinders? n Q ■ n #Is de-chlorination substance stored away from chlorine containers? n n ■ n Comment: Are the tablets the proper size and type? 0000 Are tablet de-chlorinators operational? ■ ❑ n 1 Number of tubes in use? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n ❑ n 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? n ❑ ■ n Comment: Page# 3 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION March 30, 2010 Mr. Michael J. Morgan Town of Weaverville PO Box 338 Weaverville, NC 28787 SUBJECT: Compliance Evaluation Inspection Ivy River WTP Wastewater Facility (Permit No: NCO085154 Buncombe County Dear Mr. Morgan: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on March 24, 2010. The facility was found to be in compliance with permit NC0085154. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: Central Files Asheville Files S:\SWP\Buncombe\Wastewater\Municipal\Ivy River(Weaverville)WTP 85154\CEI.3-24-10.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 NOrthCaroliria Phone: (828)296-45001 FAX: 828 299-7043\Customer Service: 1-877-623-6748 ;Vaturallrf �J Internet:www.ncwaterguality.org N 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 I NI 2 15I 31 NCO085154 111 121 10/03/24 117 18I CI 19) sI 20I-I Remarks 66 2111111111 Jill Jill 1111IIIIIIIIIIBIIIIIIIIII1111LJ Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----------------Reserved--------------- 67I 1.0 169 70131 71 I I 72 I N I 731JJ 74 751 I I I I I I 180 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) 05/11/01 1o:00 AM 10/03/24 Ivy River WTP Exit Time/Date Permit Expiration Date Sam's Rd NCSR 1769 Weaverville NC 28787 11.00 AM 10/03/24 10/09/30 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Anthony Alan Laughter/ORC/828-658-2417/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Michael Javan Morgan,PO Box 338 Weaverville NC 28787//828-645-7116/ No " Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Operations&Maintenance 0 Records/Reports 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 Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ 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.) 1 3I NC0085154 11 12I 10/03/24 I17 18ICl Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The Town of Weaverville's Ivy River Water Treatment Plant (on-line in 1997) is classified as a Class I Physical Chemical wastewater treatment facility, which discharges filter backwash wastewater from the Water Treatment Plant. The wastewater facility feeds sulfur dioxide gas for dechlorination, prior to discharge from a single 250,000 gallon concrete settling basin. The decanted supernatant is discharged 30 feet upstream of the raw water intake. This supernatant contains residuals of alum, polyaluminum chloride polymer(DelPAC 2020), 12% sodium hydroxide and orthophosphate. The settled solids are pumped from the settling tank by a private contractor and hauled to MSD. PERMIT/ INSPECTION /LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 7-6-07 by Janet Cantwell The permit expires on September 30, 2010. Please request a permit renewal 6 months prior to expiration (due March 30, 2010). A renewal notice will be mailed as a reminder. The daily operator log was present on-site and had good notation of daily events, required testing and sample results. EFFLUENT DATA: The settleable solids were < 0.1 ml/l. The total residual chlorine was < 10 ug/I. This system discharges —2-3 days per week. OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY: Mr. Tony Laughter, ORC, assisted in the inspection and appears to be operating and maintaining the facility very well. The effluent appeared to be in compliance with permit limits. Page# 2 Permit: NCO085154 Owner-Facility: Ivy River 1NTP Inspection Date: 03/24/2010 Inspection Type: Compliance Evaluation Yes No NA NE Permit (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n n ■ Is the facility as described in the permit? ■ n ❑ ❑ #Are there any special conditions for the permit? ❑ ■ n n Is access to the plant site restricted to the general public? ■ nnn Is the inspector granted access to all areas for inspection? ■ nnn Comment: Yes No NA NE Operations& Maintenance n Is the plant generally clean with acceptable housekeeping? ■ nn Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH,DO,Sludge ■ 0 n n Judge,and other that are applicable? Comment: Yes No NA NE De-chlorination Gas Type of system? ■ Is the feed ratio proportional to chlorine amount(1 to 1)? nn n ■ nnn Is storage appropriate for cylinders? #Is de-chlorination substance stored away from chlorine containers? ® ❑ ❑ I1 Comment: Are the tablets the proper size and type? n n ■ n Are tablet de-chlorinators operational? ❑ Cl ■ fl Number of tubes in use? Comment: Yes No NA NE Effluent Pipe ■ nnn Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? In n n n If effluent (diffuser pipes are required) are they operating properly? n Cl ■ 0 Comment: Page# 3 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION March 30, 2010 Mr. Ken Simmons, General Manager Ohio Electric Motors Inc. PO Box 168 Barnardsville, NC 28709 SUBJECT: Compliance Evaluation Inspection Ohio Electric Motors WWTP Permit No: NCO039152 Buncombe County Dear Mr. Simmons: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on March 23, 2010. The facility was found to be in compliance with permit NC0039152. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure CC: Mark Swann, PACE Inc. Central Files Asheville Files S:\SWP\Buncombe\Wastewater\Minors\Ohio Electric Motors Inc 39152\CE1.3-23-10.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 NoAhCarolina Phone: (828)296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 ;Vaturallff Internet:www.ncwatergualityorg 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 I NI 2 151 31 NCO039152 ill 121 10/03/23 117 181 CI 191 SI 201 1 Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA --------------------------Reserved--------------------- 671 1.0 169 701 31 711 1 721 N I 73 L1_I 74 751 1 I 1 I 1 I 180 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) 01:45 PM 10/03/23 05/10/01 Ohio Electric Motors WWTP 30 Paint Fork Rd Exit Time/Date Permit Expiration Date Barnardsville NC 28709 02:30 PM 10/03/23 10/09/30 Name(s)of Onsite Representative(s)lfitles(s)/Phone and Fax Number(s) Other Facility Data Mark P Swann/ORC/828-254-7176/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Joe Russell,PO Box 168 Barnardsville NC 28709//828-626-2901/82862621?,5 Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ®Operations&Maintenance ®Records/Reports ■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 Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ 0 D 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. 1 3I NCO039152 I11 121 10/03/23 117 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: There are two outfalls: 001 is for the WWTP discharge and 002 is for the non-contact cooling water discharge. The Ohio Electric WWTP is a Class I facility rated as a 0.0025 MGD septic tank—sub-surface sand filter system with: tablet chlorinator, chlorine contact chamber; and tablet dechlorinator. PERMIT: The permit expires on 9-30-2010. The Division received the renewal application on March 15, 2010. EFFLUENT/ INSPECTION SUMMARY: A review of the files indicates that the last compliance evaluation inspection was conducted on 4-9-2009 by Wanda Frazier. Mr. Mark Swan, contract ORC, was present during the inspection. There was no discharge at the time of the inspection. The receiving stream was clear. SYSTEM PERFORMANCE ANNUAL REPORT: r-V The System Performance Annual Performance Report had been filed for the 2008-2009 fiscal year by Mark Eatmon, Superintendent/Environmental Manager. The System Performance Annual Report, for 2009-2010, is due no later than 60 days of the end of the reporting period. Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment works' and collection system's performance over a 12 month period. r� Page# 2 Permit: NCO039152 Owner-Facility: Ohio Electric Motors WWTP Inspection Date: 03/23/2010 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? ■ n n n Is the facility as described in the permit? ■ n n n #Are there any special conditions for the permit? n ■ ❑ Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge n n ■ n Judge,and other that are applicable? Comment: Septic Tank Yes No NA NE (if pumps are used) Is an audible and visual alarm operational? n n ■ n Is septic tank pumped on a schedule? ■ n n n Are pumps or syphons operating properly? ■ n n n Are high and low water alarms operating properly? ❑ n ■ n Comment: Sand Filters (Low rate} Yes No NA NE (If pumps are used) Is an audible and visible alarm Present and operational? n n ■ n Is the distribution box level and watertight? n n ■ n Is sand filter free of ponding? 171 n ■ 0 Is the sand filter effluent re-circulated at a valid ratio? n n ■ #Is the sand filter surface free of algae or excessive vegetation? ❑ n ■ n #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) n ❑ ■ n Comment: This is a sub-surface sand filter. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n n Are the tablets the proper size and type? ■ n n n Number of tubes in use? 2 Is the level of chlorine residual acceptable? ■ n n n Page# 3 Permit: NC0039152 Owner-Facility: Ohio Electric Motors UWVfP Inspection Date: 03/23/2010 Inspection Type: Compliance Evaluation Disinfection-Tablet Yes No NA NE Is the contact chamber free of growth,or sludge buildup? ® 0 n n Is there chlorine residual prior to de-chlorination? ■ ❑ ❑ n Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? ■ El n n Is storage appropriate for cylinders? n ❑ ■ #Is de-chlorination substance stored away from chlorine containers? In n ® n Comment: Are the tablets the proper size and type? ■ ❑ ❑ ❑ Are tablet de-chlorinators operational? ® n ❑ fl Number of tubes in use? 2 Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n n ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ n ❑ n If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ ❑ Comment: Page# 4 AM NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 30, 2010 Mr. Wade Burns P.O. Box 610 Montreat, NC 28757 Subject: Stream Determination Burns Property/Montreat Preserve Buncombe County Dear Mr. Burns: The Division of Water Quality (DWQ) staff(Linda Wiggs and Susan Wilson)met with you on March 17, 2010 to perform a stream determination along an unnamed tributary to Flat Creek, a Class C-HQW stream in the French Broad River Basin [ref. Stream Index No. 6-78-6-(l 1)]. A topographic map of the stream and a sketch drawing, along with latitude/longitude is attached for your future reference. As we discussed, at the fork below the old"reservoir wall"until the creek goes subsurface, DWQ considers that to be a stream and subject to regulatory authority. From the point where the creek goes subsurface, until it resurfaces—there is no defined creek and therefore not subject to DWQ regulatory authority. After the creek"resurfaces", it is again subject to regulatory authority. A copy of the 15A NCAC 2B .0300 indicating the stream and its classification, a copy of 15A NCAC 2H .1000 regarding applicable stormwater rules specific to HQW (High Quality Waters), and a copy of NC GS 113A-57 regarding state standards for land-disturbing activities is also attached for your reference. At this time, since you plan to construct a single family dwelling, and likely your maximum disturbance will be under one acre, the state regulations regarding stormwater for HQW do not apply. However, the DWQ recommends that you comply with the 30 foot vegetative buffer to the maximum extent practicable. Please be aware that you will need to comply with any requirements set forth by the Town of Montreat and Buncombe County regarding sediment and erosion control and/or stormwater. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-45001 FAX:828-299.70431 Customer Service:1-877-623-6748 One Internet:www.ncwaterqual4.org NorthCaroli.na An Equal Opportunity 4 Affirmative Action Employer ;Vatura!!ff ...._................ i NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 30, 2010 Timothy Barth, 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. Barth: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection which I conducted at the Town's WWTP on March 12, 2010. The facility was found to be in Compliance with permit NC0056561. Please refer to the enclosed inspection report for additional observations and comments. The assistance provided by Mike Mehaffey and Mike Corbin, during the inspection, was greatly appreciated. If you or your staff has any questions, please do not hesitate to contact me at 828-296-4500. Sincer , Keith Hayne Environmental Sr. Specialist Enclosures cc: Michael Mehaffey, ORC Central Files Asheville Files S:\SWP\Haywood\Wastewater\Municipal\Maggie Valley WWTP 56561\CE13-12-10.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 One Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 NorthCarolliina Internet:www.ncwaterauality.org ;Vgtljmily United States Environmental Protection Agency Form Approved. E P/� Washington,D.C.2046o 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 I NI 2 t CI 31 NCO056561 111 121 10/03/12 117 18! r1 191.al 201 �.._ 1= 1 Remarks -! LJ �I 21I I I I I I ] I I I I I I I I Jill Jill Jill I I I6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -----------------—--------Reserved--------------------- 67I 169 70U 71I I 721 NI 73' I 174 751 I I I I I Li 80 Section B: Facility Data �-- �u 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) Maggie Valley WWTP 08:00 AM 10/03/12 06/06/01 U S Hwy 276 N Exit Time/Date Permit Expiration Date Maggie Valley NC 28751 09:00 AM 10/03/12 11/01/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Michael Lee Mehaffey/ORC/828-926-0866/ Name,Address of Responsible Official/Title/Phone and Fax Number TimothyBarth,3987 Soco Rd Ma y Contacted Maggie Valle NC 28751//828-926-0866/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement Operations&Maintenance 0 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 Keith Ha 1 ynes, ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ARO WQ//828-296-4500/ 3 J [f Z0lr EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3I NC0056561 I11 12I 10/03/12 ' 17 18IC� Section D: Summary of Finding/Comments(Attach additional sheetsof narrative and checklists as necessary) An example of an Annual Performance Report is attached for the ORC to review. Please make sure in the future that the Report is completed and submitted according to the NPDES Permit. The VW TP is very well maintained and appears to be very well operated. Page# 2 Permit: NCO056561 Owner-Facility: Maggie Valley VW TP Inspection Date: 03/12/2010 Inspection Type: Compliance Evaluation 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)? ■ ❑ Cl ❑ Are analytical results consistent with data reported on DMRs? ❑ ❑ ❑ ■ Is the chain-of-custody complete? ❑ ❑ ■ ❑ Dates,times and location of sampling n Name of individual performing the sampling n Results of analysis and calibration n Dates of analysis 171 Name of person performing analyses i-'I Transported COCs n Are DMRs complete:do they include all permit parameters? ■ ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? fl ■ ❑ ❑ (If the facility is=or>5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ❑ ❑ ■ ❑ Is the ORC visitation log available and current? ■ (] 13 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? ■ ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ❑ ■ ❑ ❑ Comment: Annual Report has not been submitted. ORC asked for examples of annual reports. Bar Screens Yes No NA NE Type of bar screen a.Manual n b.Mechanical ■ Are the bars adequately screening debris? ■ 0 ❑ Is the screen free of excessive debris? ■ 0 I] ❑ Is disposal of screening in compliance? ■ ❑ ❑ ❑ Is the unit in good condition? ■ ❑ ❑ ❑ Comment: Page# 3 Permit: NCO056561 owner-Facility: Maggie Valley VVWTP Inspection Date: 03/12/2010 Inspection Type: Compliance Evaluation Yes No NA NE Aeration Basins Ext.Air Mode of operation Type of aeration system Is the basin free of dead spots? ■ n n n Are surface aerators and mixers operational? n n ■ Cl Are the diffusers operational? ■ ❑ n n Is the foam the proper color for the treatment process? ■ n n ❑ Does the foam cover less than 25%of the basin's surface? ■ n n Is the DO level acceptable? ■ n n n Is the DO level acceptable?(1.0 to 3.0 mg/1) n n n ■ Comment: AERO-MOD units Yes No NA NE Secondary Clarifier Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n Are weirs level? n n ■ n Is the site free of weir blockage? ■ n n Is the site free of evidence of short-circuiting? ■ n n n ■ Is scum removal adequate? nnn Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? n n ■ n Is the return rate acceptable(low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ■ n ❑ n Comment: AERO-MOD Units Yes No NA NE Operations& Maintenance Is the plant generally clean with acceptable housekeeping? ■ n Cl n Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO, Sludge ■ ❑ n n Judge,and other that are applicable? Comment: Yes No NA NE Permit (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ Cl n n Page# 4 Permit: NCO056561 Owner-Facility: Maggie Valley WWTP Inspection Date: 03/12/2010 Inspection Type: Compliance Evaluation Permit Yes No NA NE Is the facility as described in the permit? ■ n n n #Are there any special conditions for the permit? n n ■ n Is access to the plant site restricted to the general public? ■ ❑ n 11 Is the inspector granted access to all areas for inspection? ■ n ❑ ❑ Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n n 0 Are the receiving water free of foam other than trace amounts and other debris? ■ n n n If effluent (diffuser pipes are required) are they operating properly? n n ■ n Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ■ n n n Is sample collected below all treatment units? ■ ❑ n n Is proper volume collected? ■ n n n Is the tubing clean? ■ nnn #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ n n n Is the facility sampling performed as required by the permit(frequency, sampling type representative)? ■ n n n Comment: ORC will check sample volume to assure it is at least 100 ml. pH = 6.3 during the inspection. Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? ■ ❑ 00 Is flow meter calibrated annually? ■ n n n Is the flow meter operational? ■ n ❑ ❑ (If units are separated) Does the chart recorder match the flow meter? ■ n n 11 Comment: Disinfection-Gas Yes No NA NE Are cylinders secured adequately? ■ n n n Are cylinders protected from direct sunlight? ■ n n n Is there adequate reserve supply of disinfectant? ■ Cl n n Is the level of chlorine residual acceptable? ■ n n n Page# 5 Permit: NCO056561 Owner-Facility: Maggie Valley VW TP Inspection Date: 03/12/2010 Inspection Type: Compliance Evaluation Yes No NA NE Disinfection-Gas Is the contact chamber free of growth,or sludge buildup? ■ ❑ n n Is there chlorine residual prior to de-chlorination? ■ nnn Does the Stationary Source have more than 2500 Ibs of Chlorine(CAS No.7782-50-5)? n ❑ ■ n nn ■ If yes,then is there a Risk Management Plan on site? n If yes,then what is the EPA twelve digit ID Number?(1000- -__ If yes,then when was the RMP last updated? Comment: TRC <18 ug/I Yes No NA NE De-chlorination Gas Type of system? Is the feed ratio proportional to chlorine amount(1 to 1)? ■ ❑ ❑ ❑ ■ nnn Is storage appropriate for cylinders? #Is de-chlorination substance stored away from chlorine containers? ■ nnn Comment: Are the tablets the proper size and type? n n ■ n Are tablet de-chlorinators operational? n n ■ n 0 Number of tubes in use? Comment: Yes No NA NE Standby Power Is automatically activated standby power available? ■ nnn Is the generator tested by interrupting primary power source? ■ nnn nnn Is the generator tested under load? ■ Was generator tested&operational during the inspection? n ■ o o Do the generator(s)have adequate capacity to operate the entire wastewater site? ■ nnn Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ nnn Is the generator fuel level monitored? ■ ❑ Q Comment: Not tested as it was fully functional this past winter, i.e., it had to operate the plant due to power failure. Page# 6 TO: NPDES UNIT WATER QUALITY SECTION ATTENTION: Sergei Chernikov DATE: March 31, 2010 NPDES STAFF REPORT AND RECOMMENDATION McDowell COUNTY PERMIT NUMBER NCO088901 PART I - GENERAL INFORMATION 1. Facility and Address: Miller Apartment Complex 2041 US Hwy 70, Marion, North Carolina 28752-8749 Mailing: Mr. Larry Miller, GEM Constructors, Inc. 2024 Nix Creek Road, Suite A Marion, NC 28752 2. Date of Investigation: March 24, 2010 3. Report Prepared By: Janet Cantwell/ARO 4. Persons Contacted and Telephone Number: Mr. Larry Miller: Office# 828-659-1441/Ext. 15 Cell# 828-442-6007 5. Directions to Site: From ARO: 1-40 E to Exit 81 toward Marion. Turn left onto Sugar Hill Road and -' go 2.2 miles. Sugar Hill Road becomes W. Henderson St. Go 1.2 miles and turn left onto S. Main St/ US 221. Go @ 500 ` and turn right onto E. Court St./US Hwy 70 and go @ 2.1 miles. The apartment complex is on the left past"The Attic." 6. Discharge Point(s), List for all discharge points: N/A: Facility has not been built. Latitude: degrees .... minutes .... seconds Longitude: .... degrees .... minutes .... seconds Attach a USGS map extract and indicate treatment facility site and discharge point on map. U.S.G.S. Quad No.: E11 NW4 U.S.G.S. Quad Name ............... 7. Site size and expansion area consistent with application? Yes X — No If No, explain: 8. Topography (relationship to flood plain included): It appears the sand filter will be located about 50 or so feet from Forsyth Creek. 9. Location of nearest dwelling: Onsite apartment building; home on property adjacent to E side. 10. Receiving stream or affected surface waters: Forsyth Creek a. Classification: "C" b. River Basin and Sub basin No.: CTB30 Stream Index: 11-25 C. Describe receiving stream features and pertinent downstream uses: secondary recreational and wildlife propagation. -1- PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater to be permitted: 1,920 gpd. b. What is the current permitted capacity of the Wastewater Treatment facility? NA C. Actual treatment capacity of the current facility (current design capacity): NA d. Please provide a description of existing or substantially constructed wastewater treatment facilities: The facility has not been constructed. 2. Residuals handling and utilization/disposal scheme: PART III - OTHER PERTINENT INFORMATION Alternative Analysis Evaluation: Has the facility evaluated all of the non-discharge options available. Please provide regional perspective for each option evaluated. Spray Irrigation: No land available Connection to Regional Sewer System: None close Subsurface: Site not suitable Other disposal options: Apparently none PART IV - EVALUATION AND RECOMMENDATIONS One note of interest:The well for the apartments' drinking water will be located about 30 feet from the sand filter. Also, it appears the new facility will be about 10 feet from the adjoining property line. Because of the close proximity of the facility to the well and adjoining property line, this Region would like to point out the setbacks in the 2 T regulations. This Region concurs with the issuance of the permit, providing sound engineering practices allow this facility to comply with the setbacks in 15 A NCAC.02 T.0506 (b). Janet Cantwell Signature of Report reparer March 31 2010 Roger C. Edwards Water Quality Regional Supervisor .� March 31 2010 -2- Anj�A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 31,2010 Mr. Jim Huff, Solid Waste Director Madison County 271 Craig Rudisill Rd Marshall,NC 28753 SUBJECT: NPDES Stormwater Permit Compliance Inspection Madison Co. Solid Waste Facility Permit No: NCG 120082 Madison County Dear Mr. Huff: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on March 25, 2010. The facility was found to be in compliance with permit NCG120082. Enclosed is a copy of the Compliance Inspection Report, which contains additional observations and comments for your reference. i' Please contact me at(828) 296-4665 or Susan.A.Wilsongncdenr ov, if I can be of any further assistance. Sincerely, Susan A. Wilson Environmental Engineer Surface Water Protection Enclosure cc: Central Files Asheville Files DLQ/Starr Silvis, e-copy DWM/Andrea Keller, e-copy SASWP\Madison\Stormwater\NCG12 LandfillsTTR.CELNIC0120082.3 2010.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-2964500\FAX:828-299-7043\Customer Service:1-877-623-6748 One Internet:www.ncwaterquality.org NofthCc`rolna An Equal Opportunity 1 Affirmative Action Employer ;Va �/j�'�ry4 Compliance Inspection Report Permit: NCG120082 Effective: 12/08/09 Expiration: 10/31/12 Owner: Madison Co Board of Commissioners SOC: Effective: Expiration: Facility: Madison Co. Solid Waste Facility County: Madison 271 CraitRudisill Rd Region: Asheville Marshall NC 28753 Contact Person: Jim Huff Title: Phone:828-648-2311 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 03/25/2010 Entry Time: 10:00 AM Exit Time: 12:20 PM Primary Inspector: Susan A Wilson Phone:828-294-4500 -,, Secondary Inspector(s): Reason for Inspection: Routine Inspection Type:Compliance Evaluation Permit Inspection Type: Landfill Stormwater Discharge COC Facility Status: ■Compliant Q Not Compliant Question Areas: Storm Water (See attachment summary) Page: 1 Permit: NCG120082 Owner-Facility: Madison Co Board of Commissioners Inspection Date: 03/25/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine Inspection Summary: Susan Wilson(DWQ),Andrea Keller(DWM), and Starr Silvis(DLQ) met with Jim Huff, Larry Wright, and Cheryl Marks at the Madison County Landfill. Madison County conducts their qualitative monitoring at each outfall once a week and/or after 0.5 inch rainfall event. A rain gauge is on site and it is used concurrently with nearby weather stations. Madision County samples at outfalls designated as OF-1 through OF-4. OF-I,-2,and-3 are stable and primarily vegetated areas. The County may wish to consider these for representative outfall status(ROS) in the future. There was little to nol flow from these outfalls at the time of the inspection. Outfall 4(OF-4) is really a combination of 3 potential outfalls, combining to one common point. At this time,the DWQ will accept this as a sampling point. If analytical or qualitative monitoring indicates potential issues (or the bench mark values are exceeded) at OF-4, the County should contact the DWQ and potentially monitor the individual outfalls[reference map designed by McGill]. The County does not use more than 55 gallons of new motor oil per month-so vehicle maintenance monitoring does not apply. The facility does have fuel stored in a containment unit(not exposed to stormwater). Madison County Landfill was in compliance with its stormwater permit during the time of inspection-no outstanding issues were noted. The County was keeping excellent records of stormwater events and monitoring. Page: 2 Permit:NCG120082 Owner-Facility:Madison Co Board of Commissioners Inspection.Date:03/25/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ❑ ❑ ■ Q #Does the Plan include a General Location(USGS)map? ❑ ❑ ■ ❑ #Does the Plan include a"Narrative Description of Practices"? ❑ ❑ ■ ❑ #Does the Plan include a detailed site map including outfall locations and drainage areas? ❑ ❑ ■ ❑ #Does the Plan include a list of significant spills occurring during the past 3 years? ❑ ❑ ■ ❑ #Has the facility evaluated feasible alternatives to current practices? ❑ ❑ ■ ❑ #Does the facility provide all necessary secondary containment? ❑ ❑ ■ ❑ #Does the Plan include a BMP summary? n ❑ ■ n #Does the Plan include a Spill Prevention and Response Plan(SPRP)? ❑ n ■ ❑ #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? n ❑ ■ ❑ #Does the facility provide and document Employee Training? n n ■ ❑ #Does the Plan include a list of Responsible Party(s)? ❑ n ■ n #Is the Plan reviewed and.updated annually? n ❑ ■ ❑ #Does the Plan include a Stormwater Facility Inspection Program? ❑ n ■ C! Has the Stormwater Pollution Prevention Plan been implemented? ❑ ❑ ■ ❑ Comment: A Stormwater Management Plan is not required under the Landfill stormwater general permit. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ n ❑ Comment: Madison County has been conducting their qualitative monitoring on Outfalls 1-4 since January 2010. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ ❑ ❑ Q #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ■ ❑ ❑ ❑ Comment: Per Madison County personnell-analytical sampling had been conducted 3/22/2010. Results were not back at the time of this write-up. Permit and Outfalls Yes No NA NE #Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ ❑ ❑ #Were all outfalls observed during the inspection? ■ ❑ ❑ ❑ - #If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ ■ ❑ #Has the facility evaluated all illicit(non stormwater)discharges? ❑ ❑ ■ ❑ Page: 3 Permit: NCG120082 Owner-Facility: Madison Co Board of Commissioners Inspection Date: 03/25/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine Comment: All outfalls were well marked (with the sampling point marked for consistency). Page: 4 IFAA ,' .: NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 31, 2010 Mr. McCray Coates City of Asheville P.O. Box 7148 Asheville,NC 28802 SUBJECT: NPDES Stormwater Permit Compliance Inspection Asheville City-Bus Transit Center Permit No: NCG080681 Buncombe County Dear Mr. Coates: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on March 18, 2010. Ms. Linda Wiggs and I appreciated the opportunity to meet with you, Ms. Johnson, and Mr. Clampett. The facility was found to be in compliance with permit NCGO80681. Enclosed is a copy of the Compliance Inspection Report, which contains additional observations and comments for your reference (in the Summary section on p. 2). Please contact me at (828) 296-4665 or Susan.A.Wilsonlancdenr gov, if I can be of any further assistance. Sincerely, Susan A. Wilson; P.E. Environmental Engineer Surface Water Protection Enclosure cc: Ms. Edna Johnson, 360 W. Haywood St., Asheville, NC 28801 (w/attachment) Central Files (w/attachment) Asheville Files (w/attachment) S:\SWP\Buncombe\Stormwater\NCG08 Transit and Transportation\AVL Bus NCG080681\LTR.CEI.AVL bus transit.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone;828-296-45001 FAX:828-299-70431 Customer Service;1-877-623-6748 T��One Internet:www.ncwaterquality.org NorthCar'ohna An Equal Opportunity I Affirmative Action Employer /mil\ Compliance Inspection Report Permit: NCGO80681 Effective: 11/01/07 Expiration: 10/31/12 Owner: City of Asheville SOC: Effective: Expiration: Facility: Asheville City-Transit Center County: Buncombe 360 W Haywood St Region: Asheville 4,ca t i (wTE;> Asheville NC 28801 Contact Person: -9ruee--Blaek-- Title: Phone:828-253-5691 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 03/18/2010 Entry Time: 03:30 PM Exit Time: 04:30 PM Primary Inspector: Susan A Wilson Phone: 828-294-4500 Secondary Inspector(s): Linda S Wiggs Phone: 828-296-4500 Ext.4653 Reason for Inspection: Routine Inspection Type:Stormwater Permit Inspection Type: Transportation w/Vehicle Maintenance/Petroleum Bulk/Oil Water Separator Stormwater Discharge COC Facility Status: ■Compliant 0 Not Compliant Question Areas: Storm Water (See attachment summary) Page: 1 Permit: NCG080681 Owner-Facility:City of Asheville Inspection Date: 03/18/2010 Inspection Type:Stormwater Reason for Visit:Routine Inspection Summary: Susan Wilson and Linda Wiggs(DWQ-ARO) met with McCray Coates, Monte Clampett, and Edna Johnson at the Bus Transit site. Ms. Johnson is the supervisor at the site. Ms. Johnson has hired a consultant to assist with qualitative and analytical sampling at the site(along with the stormwater ehind on implementation at this site-but is management plan). Sampling has been conducted since 2009 (the City was b on track now). Ms. Johnson had requested representative outfall status(ROS)for some outfalls. Due to the lack of sufficient data- DWQ cannot grant this request at this time. As we discussed,the City should continue to perform qualitative monitoring at all outfalls(SDO-001 through-004). The City should also continue to perform analytical monitoring at SDO-001 and-002. Analytical monitoring should also be conducted at SDO-004 (some runoff from the garage area has the potential to go to this outfall). Should-004 continue to show values below benchmark, the City may request deletion or reduction of this requirement. With regard to the wash water from the buses(some of which was leaving the site at the time of inspection),the City should continue to evaluate eliminating this as a source to the stormwater outfall. Page: 2 Permit:NCGO80681 Owner-Facility: City of Asheville Inspection Date:03/18/2010 Inspection Type:Stormwater Reason for Visit:Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? 0 0 ❑ ❑ #Does the Plan include a General Location(USGS)map? 0 (_'I ❑ ❑ #Does the Plan include a"Narrative Description of Practices"? 0 ❑ ❑ ❑ #Does the Plan include a detailed site map including outfall locations and drainage areas? ■ ❑ ❑ ❑ #Does the Plan include a list of significant spills occurring during the past 3 years? ❑ ❑ ❑ #Has the facility evaluated feasible alternatives to current practices? ❑ ❑ ❑ #Does the facility provide all necessary secondary containment? ❑ ❑ ❑ #Does the Plan include a BMP summary? Q ❑ ❑ #Does the Plan include a.Spill Prevention and Response Plan(SPRP)? ❑ (-I ❑ #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? 0 ❑ ❑ ❑ #Does the facility provide and document Employee Training? 0 I] ❑ ❑ #Does the Plan include a list of Responsible Party(s)? 0 ❑ ❑ n #Is the Plan reviewed and updated annually? ❑ ❑ ❑ #Does the Plan include a Stormwater Facility Inspection Program? ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ❑ ❑ ❑ Comment: The Bus Transit Center is in the process of updating elements of the plan. This was discussed with Ms. Johnson (the plan needs to be updated annually, along with employee training, etc.). Per Ms. Johnson -she will work with her consultant to make sure all elements are updated for 2010. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? 0 ❑ ❑ ❑ Comment: Qualitative monitoring is being conducted for designated outfalls SDO -001, -002, -003, and -004. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? E ❑ ❑ ❑ #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ■ ❑ ❑ ❑ Comment: Analytical monitoring is being conducted for outfalls SDO-001 and -002. Values have been below bench marks. Permit and Outfalls Yes No NA NE #Is a copy of the Permit and the Certificate of Coverage available at the site? E ❑ ❑ ❑ #Were all outfalls observed during the inspection? N n ❑ ❑ #If the facility has representative outfall status, is it properly documented by the Division? ❑ 0 ■ ❑ Page: 3 Permit: NCG080681 Owner-Facility:City of Asheville Inspection Date: 03/18/2010 Inspection Type:Stormwater Reason for Visit:Routine #Has the facility evaluated all illicit(non stormwater)discharges? El El 0 M Comment: The certificate of coverage should be retained on-site (DWQ suggests this be kept with the stormwater management plan notebook). Discussion of the outfalls and inspection is detailed in the summary. Page: 4