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Home My WebLink AboutDWR Read File Archive Oct 2016 PAT MCCRORY ?aa Governor DONALD R. VAN DER VAART Secretary WaterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director October 3, 2016 Burlingame Property Owners Association, Inc. Attn: William M Lindsey, Registered Agent P.O. Box 157 - Sapphire,NC 28774 Subject: Incident Closure Repairs to Winding Creek Dam NOV-2016-PC-0050 Transylvania County Dear Mr. Lindsey: The Division of Water Resources has conducted a site evaluation with Mr. Scotty Ruff with Burlingame POA GM,related to the Notice of Violation and Recommendation for Enforcement NOV-2016-PC-0050. The sediment, gravel removal, and stabilization efforts performed have satisfactorily resolved the violations noted in the subject Notice of Violation and Recommendation for Enforcement. Your attention and cooperation is greatly appreciated. Should you have any questions regarding this matter or other water quality issues or concerns,please contact me at(828)296-4664 or tim.foxCncdenr. ov. Sincerel Tim ox Environmental Specialist Water Quality Regional Operations Asheville Regional Office cc: David Brown—USACE(via email) Andrea Leslie—NCWRC (via email) Karen Higgins—401 and Buffer Permitting Unit ARO File Copy G:\WR\WQ\Transylvania\401s\Non-DOT\Winding Creek\NOV\CLO.WindingCreek10-3-16.doex State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70 I Swannanoa,North Carolina 28778 828 296 4500 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Water Resources ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN Director October 3,2016 Debbie Hensley P.O.Box 416 Dana, NC 28724 RE: Sample ID:AC31385,AC31445,&AC32025 Sample Location Address:2342 Howard Gap Loop Road Henderson County Dear Ms. Hensley, Please find attached the analytical results for water samples collected from your water supply well, at the address referenced above,on August 2, 2016 and August 24, 2016.A groundwater complaint investigation was initiated over you concerns that a neighbor had sprayed an unknown herbicide in close proximity to your water supply well.The samples collected from your water supply well were - analyzed for fecal coliform bacteria,total coliform bacteria, chloride, chlorinated pesticides,sulfate, nitrate,nitrite,and various metals. Please note that additional water samples will be collected in November 2016 and analyzed for nitrogen-based pesticides,phosphorus-based pesticides,and acid herbicides. The following table summarizes the attached analytical results (AC31385) for your water supply well. The results are shown in units of micrograms per liter of water (ug/1) and are approximately equivalent to parts per billion (ppb). USEPA Maximum NC Groundwater Concentration Detected Analytes Contaminate Level Standard In Your Drinking Water Concentration Units Concentration Units Concentration Units Calcium 7,700 ppb Chloride 250,000 ppb 3,400 ppb Copper 1,300 ppb 1,000 ppb 16 ppb Iron 300 ppb 170 ppb Lead 15 ppb 15 ppb 4.1 ppb Magnesium 1,200 ppb Nitrate 10,000 ppb 10,000 ppb 2,600 ppb Potassium 1,500 ppb Sodium 5,500 ppb Strontium 43 ppb Zinc 1,000 ppb 15 ppb The following table summarizes the attached coliform bacteria results (AC31445 &AC32025) for your water supplywell.Please note that the bolded values indicate levels above the NC Groundwater Standard, 15A NCAC 02L. 0202.The results are shown in colony forming units per 100 milliliters of water or CFU/100 ml. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70,Swannanoa,North Carolina 28778 828-296-4500 Debbie Hensley ` October 3,2016 Page 2 of 2 NC Groundwater Standard Concentration Detected in Analytes Date Your Drinking Water Concentration Units Concentration Units Total coliform 8/1/2016 1 CFU/100 ml 92 CFU/100 ml bacteria Total coliform 8/1/2016 1 CFU/100 ml Not Detected CFU/100 ml bacteria Chlorinated pesticides were not detected in your drinking water at this time. Chloride,nitrate,and a number of metals are present in your drinking water but the concentrations do not exceed the applicable groundwater standards.It is important to note that many of these constituents are fairly typical for groundwater quality in western North Carolina.Total coliform bacteria were initially present in water samples but the well was quickly disinfected or shock chlorinated with calcium hypochlorite.Subsequent water samples were non-detect for coliform bacteria. Because there are constituents present in your drinking water, a Health Risk Evaluation (HRE)was performed by North Carolina Department of Health and Human Services toxicologist, Kennedy Holt. The HRE,which is enclosed,indicates your water may be used for all household uses including _ drinking,cooking,washing,cleaning,bathing,and showering. I have included fact sheets on total coliform bacteria and shock chlorination of water supply wells for your review.If you have questions concerning the Health Risk Evaluation,please contact Kennedy Holt at(919) 707-5910.If you have any additional questions or concerns,please contact me at(828) 296-4681 or brettlaverty(&ncdenr.gov. Sincerely, e;. Brett Laverty Water Quality Regional Operations Asheville Regional Office Attachment: Health Risk Evaluations by Kennedy Holt DWR laboratory analytical results Coliform Bacteria Fact Sheet Water Supply Well Shock Chlorination Fact Sheet cc: ARO file Henderson County Health Department w/attachments North Carolina Division of Water Resources Water Sciences Section Laboratory Results .cr.: 2342 HOWARD GAP LOOP ROAD Sample ID: AC31385 HENDERSON Collector: B LAVERTY VisitlD PO Number# agion ARO Report To ARO Location ID: IC452342HOWARD Date Received: 08/04/2016 River Basin Collect Date: 08/02/2016 Priority ROUTINE Time Received: 08:30 Emergency Collect Time: 11_09 Sample Matrix: GROUNDWATER Labworks LoginlD TASCENZ01 COC Yes/No Sample Depth Loc.Type: Water Supply Delivery Method NC Courier Final Report Date: 9/20/16 Report Print Date: 09/29/2016 Final Report If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. Result/ Method Analysis CAS# Analyte Name PQL Qualifier Units Reference Date Validated by LAB Sample temperature at receipt by lab 2.2 °c 8/4/16 MSVVIFT NUT Nitrate as N In liquid 0.02 2.6 mg/L as N EPA 353.2 REV 2 8/17/16 CGREEN Nitrite as N in liquid 0.01 0.01 U mg/L as N EPA 353.2 REV 2 814/16 CGREEN NO2+NO3 as N in liquid 0.02 _2.6 mg/L as N EPA 353.2 REV 2 8/16/16 CGREEN WET Bromide 0.4 0.4 U mg/L EPA300.0 rev2.1 8/5/16 CGREEN Chloride 1.0 3.4 mg/L EPA300.0 rev2.1 8/5/16 CGREEN Fluoride 0.4 0.4 U mg/L EPA 300.0 rev2.1 8/5/16 CGREEN Sulfate 2.0 2.0 U mglL EPA300.0 rev2.1 815/16 CGREEN MET '429-90-5 Al by ICP 50 50 U ug/L EPA200.7 Rev4.4 8/12/16 ESTAFFORD1 '440-38-2 As by ICPMS 2.0 2.0 U ug/L EPA200.8 Rev5.4 8/15/16 ESTAFFORDI '440-38-3 Ba by ICP 10 10 U ug/L EPA200.7 Rev4.4 8112/16 ESTAFFORDI '440-70-2 Ca by ICP 0.10 7.7 mg/L EPA200.7 Rev4.4 8/12/16 ESTAFFORDI 440-43-9 Cd by ICPMS 0.50 0.50 U ug/L EPA200.8 Rev5.4 8/9/16 ESTAFFORDI 440-47-3 Cr by ICPMS 5.0 5.0 U ug/L EPA200.8 Rev5.4 8/9/16 ESTAFFORDI 440-50-8 Cu by ICPMS 2.0 16 ug/L EPA 200.8 Rev5.4 8/9/16 ESTAFFORD1 439-89-6 Fe by ICP 50 170 ug/L EPA200.7 Rev4.4 8/12/16 ESTAFFORDI 439-97-6 Hg 245.1 0.2 0.20 U ug/L EPA245.1 Rev3 8/17/16 ESTAFFORD1 440-09-7 K by ICP 0.10 1.5 mg/L EPA200.7 Rev4.4 8/12/16 ESTAFFORDI 439-95-4 Mg by ICP 0.10 1.2 mg/L EPA200.7 Rev4.4 8/12/16 ESTAFFORD1 439-96-5 Mn by ICP 10 10 U ug/L EPA200.7 Rev4.4 8/12/16 ESTAFFORDI 440-23-5 Na by ICP 0.10 5.5 mg/L EPA200.7 Rev4.4 8/12/16 ESTAFFORDI 440-02-0 Ni by ICPMS 2.0 2.0 U ug/L EPA200.8 Rev5.4 819116 ESTAFFORDI 439-92-1 Pb by ICPMS 2.0 4.1 ug/L EPA200.8 Rev5.4 8/9/16 ESTAFFORD1 782-49-2 Se by ICPMS 1.0 1.0 U ug/L EPA200.8 Rev5.4 8/9/16 ESTAFFORDI 440-24-6 Sr by ICPMS 10 43 ug/L EPA200.8 Rev5.4 8/15/16 ESTAFFORDI t40-66-6 Zn by ICPMS 10 15 ug/L EPA200.8 Rev5.4 819/16 ESTAFFORD1 PES WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Pagel of 4 .NC DVX La6oratory Section Resufts/Sampfe Comments/QuaCfier(Definitions Sample ID: AC31385 CAS# Analyte Name PQL Result/ Method Analysis Qualifier Units Reference Date validated by'--- Chlorinated Pesticides in Liquid 15972-60-8 Alachlor 0.28 Not detected N9/L EPA608/SW8081B 9/6/16 CJOHNSON 309-00-2 Aldrin 0.03 Not detected ug/L EPA608/SW8081B 9/6/16 CJOHNSON 12674-11-12 Aroclor 1016 1 Not detected ug/L EPA608/SW8081 B 9/6/16 CJOHNSON 11104-28-2 Aroclor 1221 1 Not detected Ng/L EPA608/SW8081 B 9/6/16 CJOHNSON 11141-16-5 Aroclor1232 1 Not detected ug/L EPA608/SW8081B 9/6/16 CJOHNSON 53469-21-9 Aroclor 1242 1 Not detected Ng/L EPA608/SW8081 B 9/6/16 CJOHNSON 12672-29-6 Aroclor 1248 1 Not detected ug/L EPA608/SW8081 B 9/6/16 CJOHNSON 11097-69-1 Aroclor 1254 1 Not detected ug/L EPA608/SW8081B 9/6/16 CJOHNSON 11096-82-5 Aroclor 1260 1 Not detected Ng/L EPA608 I SW8081 B 9/6/16 CJOHNSON 37324-23-5 Aroclor 1262 1 Not detected N9/L EPA608/SW8081 B, 9/6/16 CJOHNSON 319-86-8 BHC_Delta 0.06 Not detected Ng/L EPA608/SW8081 B 9/6/16 CJOHNSON 319-84-6 BHC-Alpha 0.03 Not detected Ng/L EPA608/SW8081 B 9/6/16 CJOHNSON 319-85-7 BHC-Beta 0.03 Not detected ug/L EPA608/SW8081 B 9/6/16 CJOHNSON 58-89-9 BHC-Gamma(Lindane) 0.03 Not detected Ng/L EPA608/SW8081B 9/6/16 CJOHNSON 5103-71-9 Chlordane,Alpha 0.03 Not detected Ng/L EPA6081 SW8081 B 916/16 CJOHNSON 5103-74-2 Chlordane, Gamma 0.03 Not detected pg/L EPA608/SW8081B 9/6/16 CJOHNSON 57-74-9 Chlordane,Technical 0.5 Not detected Ng/L EPA6081 SW8081B 9/6/16 CJOHNSON 3734-48-3 Chlordene 0.03 Not detected ug/L EPA608/SW8081 B 9/6116 CJOHNSON- , 510-15-6 Chlorobenzllate 0.48 Not detected Ng/L EPA608/SW8081 B 9/6/16 CJOHNSON'�,- � 2675-77-6 Chloroneb 0.21 Not detected Ng/L EPA608/SW8081 B 916/16 CJOHNSON 1897-45-6 Chlorothalonll 0.2 Not detected N9/L EPA608/SW8081 B 9/6/16 WOHNSON 1861-32-1 DCPA 0.03 Not detected Ng/L EPA608/SW8081B 9/6/16 CJOHNSON 53-19-0 DDD2,4 0.06 Not detected Ng/L EPA608/SW8081 B 916/16 CJOHNSON 72-54-8 DDD 4,4 0.03 Not detected Ng/L EPA608/SW8081 B 9/6/16 CJOHNSON 3424-82-6 DDE 2,4 0.05 Not detected ug/L EPA608/SW8081 B 9/6/16 CJOHNSON 72-55-9 DDE 4,4 0.03 Not detected Ng/L EPA608/SW8081 B 9/6116 CJOHNSON 789-02-6 DDT 2,4 0.05 Not detected ug/L EPA608/SW8081 B 9/6/16 CJOHNSON 50-29-3 DDT 4,4 0.03 Not detected N9/L EPA608/SW8081 B 916/16 CJOHNSON 60-57-1 Dieldrin 0.03 Not detected hg/L EPA608/SW8081 B 9/6116 CJOHNSON 959-98-8 Endosulfan I 0.03 Not detected Ng/L EPA608/SW8081 B 9/6/16 CJOHNSON 33213-65-9 Endosulfan II 0.03 Not detected Ng/L EPA608/SW8081 B 9/6/16 CJOHNSON 1031-07-8 Endosulfan sulfate 0.03 Not detected ug/L EPA608/SW8081 B 9/6/16 CJOHNSON 72-20-8 Endrin 0.03 Not detected Ng/L EPA608/SW8081 B 9/6/16 CJOHNSON 7421-93-4 Endrin Aldehyde 0.06 Not detected Ng/L EPA608/SW8081B 9/6/16 CJOHNSON 53494-70-5 Endrin Ketone 0.03 Not detected J2 Ng/L EPA608/SW8081 B 9/6/16 WOHNSON 2593-15-9 Ethazole 0.09 Not detected Ng/L EPA608/SW8081 B 9/6/16 CJOHNSON 76-44-8 Heptachlor 0.06 Not detected us/L EPA608/SW8081B 916/16 CJOHNSON 1024-57-3 Heptachlor epoxide 0.03 Not detected Ng/L EPA608/SW8081 B 9/6/16 CJOHNSOt WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 2 of 4 NC(DU14(La6oratory Section Resufts/Sampre Comments/QuaCfier(Definitions Sample ID: AC31385 Analyte Name PQL Result/ Method Analysis Qualifier Units Reference Date validated by 118-74-1 Hexachlorobenzene(Pest) 0.02 Not detected Fig/L EPA608ISW8081B 9/6/16 CJOHNSON 72-43-5 MethoXychlor 0.15 Not detected J2 Ng/L EPA6081 SW8081B 9/6/16 CJOHNSON 2385-85-5 MireX 0.03 Not detected Ng/L EPA608/SW8081 B 9/6116 CJOHNSON 52645-53-1 Mixed Permethrin 1.20 Not detected Ng/L EPA608/SW8081B 916/16 CJOHNSON 27304-13-8 OXychlordane 0.05 Not detected ug/L EPA608/SW8081 B 9/6/16 CJOHNSON 1918-16-7 Propachlor 0.54 Not detected u9/L EPA608/SW8081B 9/6/16 CJOHNSON 117-18-0 Tecnazene 0.03 Not detected ug/L EPA608/SW8081 B 9/6/16 CJOHNSON 8001-35-2 Toxaphene 3 Not detected Ng/L EPA608/SW8081 B 9/6116 CJOHNSON 39765-80-5 Trans Nonachlor 0.05 Not detected N9/L EPA6081SW8081B 9/6/16 CJOHNSON 1582-09-8 Trifluralin 0.05 Not detected ug/L EPA608/SW8081B 9/6/16 CJOHNSON Sample Comments PES:OCP-J2-estimated-2 analyte(s)failed curve fit criteria. i WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 3 of 4 5VC(DWWR Ga6oratory Section R,esufts/Sampfe Comments/QuaCifier(Definitions Sample ID: AC31385 CAS# Analyte Name PQL Result/ Method Analysis Qualifier Units Reference Date Validated by NCDEQ-WSS-Chemistry Lab Data Qualifiers Al The reported value is an average,where at least one result is qualified with a"U".The PQL is used for the qualified result(S)to call B1 Coliform-Countable membranes with less than 20 colonies. Reported value is estimated or is a total of the counts on all filters repor B2 Coliform-Counts from all filters were zero.The value reported is based on the number of colonies per 100 ml that would have been B3 Coliform-Countable membranes with more than 60 or 80 colonies.The value reported is calculated using the count from the smaller B4 Coliform-Filters have counts of both>60 or 80 and<20. Reported value is estimated or is a total of the counts on all filters reported B5 Coliform-Too many colonies were present;too numerous to count(TNTC).TNTC is generally defined as>150 colonies. B6 Coliform-Estimated Value. Blank contamination evident. B7 Coliform-Many non-coliform or non-enterococcus colonies or interfering non-coliform or non-enterococcus growth present. In this cc BB1 MPN-No wells or tubes gave a positive reaction.Value based upon the appropriate MPN Index and reported as a less than"<"value BB2 MPN-All wells or tubes gave positive.reactions.Value based upon the MPN Index and reported as a greater than">"value. C Total residual chlorine was present in sample upon receipt in the laboratory;value is estimated. G1 BOD-The dissolved oxygen(DO)depletion of the dilution water blank exceeded 0.2 mg/L. G2 BOD-The bacterial seed controls did not meet the requirement of a DO depletion of at least 2.0 mg/L and/or a DO residual of at lea: G3 BOD-No sample dilution met the requirement of a DO depletion of at least 2.0 mg/L and/or a DO residual of at least 1.0 ni G4 BOD-Evidence of toxicity.This is generally characterized by a significant increase in the BOD value as the sample concentration de G5 BOD-The glucose/glutamic acid standard exceeded the range of 198±30.5 mg/L. G6 BOD-The calculated seed correction exceeded the range of 0.6 to 1.0 mg/L. G7 BOD-Less than 1 mg/L DO remained for all dilutions set.The reported value is an estimated greater than value and is calculated fol G8 BOD-Oxygen usage is less than 2 mg/L for all dilutions set.The reported value is an estimated less than value and is calculated for G9 BOD-The DO depletion of the dilution water blank produced a negative value. J1 Surrogate recovery limits have been exceeded. J2 The reported value failed to meet the established quality control criteria for either precision or accuracy. J3 The sample matrix interfered with the ability to make any accurate determination. J4 The data is questionable because of improper laboratory or field protocols(e.g., composite sample was collected instead of grab, pl, J5 Temperature limits exceeded(samples frozen or>6°C)during transport or not verifiable(e.g., no temperature blank provided): non J6 The laboratory analysis was from an unpreserved or improperly chemically preserved sample.The data may not be accurate. J7 This qualifier is used to identify analyte concentration exceeding the upper calibration range of the analytical instrument/method.Th J8 Temperature limits exceeded (samples frozen or>6°C)during storage,the data may not be accurate. J9 The reported value is determined by a one-point estimation rather than against a regression equation.The estimated concentration J10 Unidentified peak; estimated value. J11 The reported value is determined by a one-point estimation rather than against a regression equation.The estimated concentration J12 The calibration verification did not meet the calibration acceptance criterion for field parameters. M Sample and duplicate results are"out of control'.The sample is non-homogenous(e.g.,VOA soil).The reported value is the lower N1 Presumptive evidence and estimated value.The component has been tentatively identified base on mass spectral library. N2 There is an indication that the analyte is present, but quality control requirements for confirmation were not met(i.e., presence of N3 This code shall be used if the level is too low to permit accurate quantification, but the estimated concentration is less than the labor N4 This code shall be used if the level is too low to permit accurate quantification, but the estimated concentration is less than the labor N5 The component has been tentatively identified based on a retention time standard. Q1 Holding time exceeded prior to receipt by lab. Q2 Holding time exceeded following receipt by lab. P Elevated PQL*due to matrix interference and/or sample dilution. S Not enough sample provided to prepare and/or analyze a method-required matrix spike(MS)and/or matrix spike duplicate(MSD). U Indicates that the analyte was analyzed for but not detected above the reported practical quantitation limit*.The number value repo X1 Sample not screened for this compound. X2 Sampled, but analysis lost or not performed-field error. X3 Sampled, but analysis lost or not performed-lab error. V Indicates the analyte was detected in both the sample and the associated method blank. Note:The value in the blank shall not be s Y Elevated PQL*due to insufficient sample size. Z1 Inability to analyze the sample. Z2 Questions concerning data reliability. WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 4 of 4 North Carolina Division of Water Resources Water Sciences Section Laboratory Results scr.: DEBBIE HENSLEY-2342 HOWARD GAP LOOP RD Flat Rock NC Sample ID: AC31445 HENDERSON Collector: B LAVERTY VisitlD PO Number# ARO ,egion: ARO Report To ARO Location ID: 1C45234HOWARD Date Received: 08/02/2016 River Basin Collect Date: 08/02/2016 Priority ROUTINE Time Received: 15:40 Emergency Collect Time: 11_09 Sample Matrix: GROUNDWATER Labworks LoginlD KJIMISON2 COC Yes/No Sample Depth Loc.Type: Water Supply Delivery Method Hand delivered Final Report Date: 9/23116 Report Print Date: 09/29/2016 Final Report if this report is labeled preliminary report, the results have not been validated. Do not use for Regulatory purposes. Result/ Units Method Analysis CAS# Analvte Name PQL Qualifier Reference Date Validated by ARO COliform,MF Fecal in liquid 1 1 B2 CFU/100ml APHA9222D-20th 8/2116 ESTAFFORD1 Coliform, MF Total in liquid 1 92 CFU/100ml APHA9222B-20th 8/2/16 ESTAFFORD1 Sample temperature at receipt by lab 5.0 °C 8/2116 RBYRD i WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 1 of 1 ,� ��,�i ,�; __ North Carolina Division of Water Resources Water Sciences Section Laboratory Results .;cr.: Debbie Hensley 2342 HOWARD GAP LOOP ROAD Flat Rock NC Sample ID: AC32025 HENDERSON Collector: B LAVERTY VisitlD_ PO Number# ARO ,.agion: ARO Report To ARO Location ID: 1C452342HOWARD Date Received: 08/24/2016 River Basin Collect Date: 08/24/2016 Priority ROUTINE Time Received: 15:20 Emergency Collect Time: 13_24 Sample Matrix: SURFACEWATER Labworks Login]D KJIMISON2 COC Yes/No Sample Depth Loc.Type: Water Supply Delivery Method Hand delivered Final Report Date: 9121116 Report Print Date: 09/29/2016 Final Report if this report is labeled preliminary report, the results have not been validated. Do not use for Regulatory purposes. Result/ Method Analysis CAS# Analyte Name PQL Qualifier Units Reference Date Validated by ARO COliform,MF Total in liquid 1 1 B2 CFU/100m1 APHA9222B-20th 8/24/16 ESTAFFORDI Sample temperature at receipt by lab 3.6 T 8/24116 RBYRD „s WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 1 of 1 z�3. s ` r f f # * # # # Viz.r � I�r Most coliform bacteria will not likely cause illness. Testing for all possible disease causing organisms is However, these bacteria are used as indicators in complex, time consuming and expensive. Usually, water tests because their presence indicates that in order to determine the water quality of your well, disease-causing organisms (pathogens) could also testing is done for three different groups of coliform be in the water. The presence of some types of bacteria; each has a different level of risk to human coliform bacteria in the water signal the presence of health. feces or sewage waste. Feces and sewage wastes Total coliform bacteria are commonly found in the are usually the source of the disease-causing environment (For example, soil or plants) and are organisms. generally harmless. Fecal coliform bacteria are a sub-group of total coliform bacteria. They appear in great quantities in the intestines and feces of people and animals. The • Bacteria that cause diarrhea and vomiting, presence of these bacteria indicates that your well water is contaminated with feces or sewage, and it • Protozoa that cause dysentery, has the potential to cause disease. • Viruses that cause polio and hepatitis, and Escherichia coli is a sub-group of the fecal coliform • Helminths, such as roundworms and tapeworms, group. These kinds of bacteria are found in great that cause chronic diarrhea, quantities in the intestines of people and warm- blooded animals. Some strains, however, can cause If you think you might be sick from disease-causing illness. The presence of this organism indicates organisms in your well water, contact your doctor fecal contamination of your well and a high risk for and show him/her your water test results, illness from disease-causing organisms. Children and the elderly are at a higher risk of You should test your well for coliform bacteria the harmful health effects of disease-causing every year. organisms in drinking water. (continued) • Do not drink the water. Get bottled water, or Coliform Bacteria: www.epa.gov/OGWDW/hfacts.htmI • Boil the water for 1 minute before drinking or How to disinfect your water and your well: cooking with it, well: www.deh.enr.state.nc.uslwelldisinf.htm • Disinfect your well. You may want to contact a •ncwelfdriller,org/do,cumen#sl well professional to disinfect or chlorinate your DisinfectaWaterWell_rev2007.6.pdf well, or contact the environmental health program at your local health department for instructions on how to do it yourself, This'fact sheet answers.the most frequently asked • Re-sample and re-test your well water after health questions (FAQs) about caliform bacteria. chlorinating it. This,information is important because some coliforrn bacteria have the potential to cause illness. The: 1, effects of exposure'to a biological contaminant in private wellrwater depend on the dose, duration, hov you are exposed, personal traits and habits, and the type'of biological contaminant present. . k F W. R - 41- "WO W x x a a� \ W ,a a" i i w. tr PAT MCCRORY a, `Y Governor DONALD R. VAN DER VAART Secretary Water Resources ENVIRONMENTAL.QUALITY S. JAY ZIMMERMAN Director October 3, 2016 Brian Dunbar 6172 North State Road 7;Apt 4205 Coconut Creek, FL 33073 RE: Sample ID:AC29645,AC29646,AC30285,&AC30286 Sample Location Address: 394 Haystack Hill Road Haywood County Dear Mr. Dunbar, Please find attached the analytical results for water samples collected from your water supply well,water supply reservoir, and kitchen faucet, at the address referenced above, on June 7, 2016. Your water samples were analyzed for nitrate, 'nitrite, and total coliform bacteria. The following table summarizes the attached analytical results (AC29646) for a sample collected at the well head. Please note that the bolded values indicate levels above the NC Groundwater Standard, 15A NCAC 2L. 0202. The results are shown in units of micrograms per liter of water (ug/1) and are approximately equivalent to parts per billion (ppb). USEPA Maximum NC Groundwater Concentration Detected in Analytes Contaminate Level Standard Your Drinking Water Concentration Units Concentration Units Concentration Units Nitrate 10,000 ppb 1, 10,000 ppb 1 22,000 ppb The following table summarizes the attached analytical results (AC29645) for a sample collected at the kitchen faucet. The results are shown in units of micrograms per liter of water (ug/1) and are approximately equivalent to parts per billion (ppb). USEPA Maximum NC Groundwater Concentration Detected in Analytes Contaminate Level Standard Your Drinking Water Concentration I Units Concentration Units Concentration Units Nitrate 10,000 b 10,000 ppb 280 DDb The following table summarizes the attached total coliform bacteria results (AC30285 & AC30286) for the well head and well reservoir. Please note that the bolded values indicate levels above the NC Groundwater Standard, 15A NCAC 2L. 0202. The results are shown in units of Colony Forming Units per 100 milliliters of water or CFU/100 ml. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70,Swannanoa,North Carolina 28778 828-2964500 Brian Dunbar October 3,2016 Page 2 of 2 NC Groundwater Standards Concentration Detected in Your Analytes Source Drinking Water Concentration Units Concentration Units Total coliform Well Head 1 CFU/100 ml Not Detected CFU/100 ml bacteria Total Coliform Reservoir 1 CFU/100 ml 22 CFU/100 ml Bacteria In summary, nitrate is present in your drinking water supply and continues to exceed the applicable groundwater standard. A sample was collected from your kitchen faucet to evaluate the efficacy of your water treatment system. The nitrate concentration at your kitchen faucet is well below the applicable standard. Total coliform bacteria were not detectable at the well head but is present in your water reservoir. The presence of total coliform bacteria likely indicates that near-surface water is entering the water reservoirs along some unknown pathway.This office is recommending that your water reservoir tanks be thoroughly inspected to determine how surface water is entering the system. Because there are constituents present above the .applicable standards, a Health Risk Evaluation (HRE) was performed by North Carolina Department of Health and Human Services toxicologist, Kennedy Holt. The HRE, which is enclosed, makes specific recommendations for your water based on these results. If you have questions concerning the Health Risk Evaluation, please contact Kennedy Holt at (919) 707-5910.If you have any additional questions or concerns,please contact me at(828) 296-4681 or brett.laverty@ncdenr.gov. Sincerely, r r; Brett Laver Water Quality Regional Operations Asheville Regional Office Attachment: Health Risk Evaluations by Kennedy Holt DWR laboratory analytical results CC: ARO file U Haywood County Health Department w/attachments North Carolina Division of Water Resources Water Sciences Section Laboratory Results aRIAN DUNBAR-394HAYSTACK HILL ROAD WAYNESVILLE.NC Sample ID: AC29646 HAYWOOD Collector: B LAVERTY VisitlD PO Number# ARO Report To ARO Location ID: 1C44394HAYSTACK Date Received: 0610912016 sin Collect Date: 06/07/2016 Priority ROUTINE Time Received: 08_10 icy Collect Time: 10_46 Sample Matrix: GROUNDWATER Labworks LoginlD MSWIFT JC Yes/No Sample Depth Loa Type: Water Supply Delivery Method NC Courier Final Report Date: 6/30116 Report Print Date: 0 811 0/20 1 6 Final Report If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. Result/ Method Analysis CAS# Analyte Name PQL Qualifier Units Reference Date Validated by LAB Sample temperature at receipt by lab 2.1 °c 6/9/16 MSWIFT NUT Nitrate as N in liquid 0.02 0.28 mg/L as N EPA 353.2 REV 2 6/17116 CGREEN Nitrite as N in liquid 0.01 0.01 U mg/L as N EPA 353.2 REV 2 619/16 CGREEN NO2+NO3 as N in liquid 0.02 0.28 mg/L as N EPA 353.2 REV 2 6/17116 CGREEN WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733.3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 1 of 1 t �. L ,' North Carolina Division of Water Resources Water Sciences Section Laboratory Results aRIAN DUNBAR-394HAYSTACK HILL ROAD WAYNESVILLE.NC Sample ID: AC29646 HAYWOOD Collector: B LAVERTY VisitlD PO Number# ARO Report To ARO Location ID: 1C44394HAYSTACK Date Received: 06/09/2016 ..in Collect Date: 06/07/2016 Priority ROUTINE Time Received: 08_10 icy Collect Time: 11_44 Sample Matrix: GROUNDWATER Labworks LoginlD MSWIFT jC Yes/No Sample Depth Loc.Type: Water Supply Delivery Method NC Courier Final Report Date: 6130116 Report Print Date: 08/10/2016 Final Report If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. Result/ Method Analysis CAS# Analyte Name PQL Qualifier Units Reference Date Validated by LAB Sample temperature at receipt by lab 2.1 °C 6/9/16 MSWIFT NUT Nitrate a5 N in liquid 0.02 22 mg/L as N EPA 353.2 REV 2 6/17116 CGREEN Nitrite as N in liquid 0.01 0.01 U mg/L as N EPA 353.2 REV 2 6/9/16 CGREEN NO2+NO3 as N in liquid 0.02 22 mg/L as N EPA 353.2 REV 2 6117/16 CGREEN WSS Chemistry Laboratory»1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 1 of 1 North Carolina Division of Water Resources Water Sciences Section Laboratory Results ,RIAN DUNBAR-394HAYSTACK HILL ROAD WAYNESVILLE.NC Sample ID: AC30285 HAYWOOD Collector: B LAVERTY VisitlD PO Number# ARO ARO Report To ARO Location ID: 1C44394HAYSTACK Date Received: 0 610 7/2 0 1 6 .in Collect Date: 06/07/2016 Priority ROUTINE Time Received: 15_40 cy Collect Time: 11:44 Sample Matrix: GROUNDWATER Labworks LoginlD KJIMISON2 ,C Yes/No Sample Depth Loc.Type: Water Supply Delivery Method Hand Delivered Final Report Date: 711/16 Report Print Date: 0 811 0/2 0 1 6 Final Report If this report is labeled preliminary report,the results have not been validated.. Do not use for Regulatory purposes. Result/ Method Analysis CAS# Analyte Name PQL Qualifier Units Reference . Date Validated by ARO Coliform, MF Total in liquid 1 1 B2 CFUF100ml APHA922213-20th 617/16 ESTAFFORD1 Sample temperature at receipt by lab 2.2 °C 6/7116 RSYRD i' WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 1 of 1 North Carolina Division of Water Resources Water Sciences Section Laboratory Results ,RIAN DUNBAR-394HAYSTACK HILL ROAD WAYNESVILLE.NC Sample ID: AC30286 HAYWOOD Collector: B LAVERTY VisitlD PO Number# ARO ARO Report To ARO Location ID: 1C44394HAYSTACK Date Received: 0610712016 .in Collect Date: 06/07/2016 Priority ROUTINE Time Received: 16:40 cy Collect Time: 11_55 Sample Matrix: GROUNDWATER Labworks LoginlD KJIMISQN2 ,C Yes/No Sample Depth Loc.Type: Water Sungly Delivery Method Hand Delivered Final Report Date: 711/16 Report Print Date: 0 811 012 01 6 Final Report if this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. Result/ Units Method Anal sis CAS# Analvte Name PQL Qualifier Reference Date Validated by ARO Coliform, MF Total in liquid 1 22 CFU/loam! APHA922213-20th 617/16 ESTAFFQRD1 Sample temperature at receipt by lab 2.2 C 617/16 RBYRD WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 1 of 1 - I�t �- ��% `_y' _.. _. • a: . rI � r mation COM t' ° $a and :Us. Re Me at "ns -,nd - , .to hu ►�� For I ? el1G' �? t?'1lttC amthants Sample ID#c�! ?t6i Ravtewcr. TEST lE2WLTS AND.USE RECOMMil D►ATIONS [ Four well water meets f eral tlr nk ndards�for�rl'r rg nie r ex CO , Maur at carp b nsad for drinking,cooking,washing,,cleaning,bathing,and S, Owerfng based t rgsutts on you irtay have other Water saM.Ong res lts"that are not taken into acoa#nt 10"t 1s NOW. ;c, 1 follo in substance s) xyeeded f�€ivrai dri4i to stardar&s ar tbe'North Carolina X eatc!ttated health levets�'i`>e Alox#ft.Carolina I3iu sic n of Public Health iecomii�ends that your v;ell water act bw used far drift and cooking,'unless yc�u install a water treatment system to re AQ"fne citoIer si#6stance(s)..Howevar,;t may be used for: washing,cleaning, bathing and showering based on the Axtrrt #1 gmic�uttsuttty. senic Bariuttt Cadaiiuin Chrontiium Copper Fluoride Lead Iron Ivangan�se Nf�rc�� ttt'atelNitrt Salsitium: Silver Ma r#esiuin Inc' H 3, a. Sodium.levels exceed the . ,Environmental Protection Ageric%"s,{USIaPA�Health Advisory teuel for sodium of 20 mglt. The forth Caiotlna QIYisior of Public Health recommends that of ly individuals nn tia or,low sodium restricted diets not use this water for 4rinking otr cookingt it stray be used for wash g,.clean ii g,bath nig,artd sl�otvsri�ig based on the inn Qnic cenxteal resuri : nlu. El b; ,ovels over 3tl;0.1l m4y pose aesthetic problems si;cl, s,bad taste,odor,mai 4."g cf porc�larn,etc: 4.. l+se,-samp ling is recominicrded rt rnorrtlrs: S [ Re-santpltR for lead and for copper. Take a first draw,5 tri%nu#e,and 15 minute sample inside the House(preferaiily the kitchens ana if passible a.first draw, minute.and,a 1S minute sa rtp[e et flip W Il W tO determine the sourcettfth lead and/or copper, 6. (�The follirwing substanee(sj exceeded federal drinking water standards. Your stater can be used for drinking cooking,;wasltiitg,plea ring,bathing,and showering based on the i[iWAV-11�+ �h t c t results anitr,but aeskh talc problems such as bad"taste,odor,st ir►ing o porcelain etc.may occur., llou n ay want to install a .Quseho water treatri exit system to address aesthetic:Problems, f3 ri 'Mn Cadrttium.. [Chromium.. Fluoride Iron ltiria ssium tv an anew So!eWtJW 1 $0 1 PIT_- I Zino. Fnr►trvre i1�for►rtatiott regarriilrg ymir watt wetter results,please call the Ol Nardi.Carofin# visinrr-af ftblr`e Heallft ar 9I9-707 S:900 �..��\ 9 '� �% �..i i a` t t e V1 at. B�o1ogleal.l .a�yr s .e8Wt! &!Zecamiiie. .ciati x s Count}+; Gt wop Name: Oel&A N4 b�,r --� -. Sazripie IUr t ' , LocatianW � 4 fi RAU � Review Date �^ �� ► Ite�riewer. �* � IniEiai Sample W Canfirn�afory Sannple l 1 Laeai Health De; artme tt Telephone, 3 tt�camorn hactarta ware tou;+d in yd'jr Weltwa.or. Dr'r tFrirle ctttt l try�i ftri rtf!firs ruse r`tis;frsrtittg tlYir kirt��,tbtr ltts,tt?rt<#tip#4,cf�rtit#i#1 :t affi Jt 'onildiatwhig. rt¢iT0lal,cat'rto traoterla�"M detected in the sample which Indicates that harrrr ul kaeterla from hsrman er animal Woste could enter tt►e weit, Ga irat vjs V r+rites fur ttr trtA tiig tlt r oo its'irJJte x`s it lJrrJ tr��eu txiiis�#ra 3 ntl:nrt . Yrir:?rt rt$e yot{J?totter fur t tl otiti s ltirrposes inctildhi, itrrtsliii#g dishes;batlrin, orsha:tirijig, Your wAll water hoods to be ra sarrrpled tn.iret*that the test result is accurate or a problem has been resolved. 16l. Feat celdorirr ttacteria were detercted In twsamptp. Your Et)el!Etyrilr n>n.tester!far Giuta�ttic»I corttrttJrirtrEiifa ltot€tt cotrfat rJt nrtr!fecrrf:ctrli%at pit octet iii} 1!i rtrif tttrtr et?elrratet€#is`i{?g ferteirtt driltklJi x�ifer sttr►rrtrrxts: 1 f local health dear tmant tnr fJssistfiIsm Their truly be a let Neiii uit'th the fort>trrttfiOttfrtt'iritrER,.life' tY+tthlif%riE#'St7tiYt�,tTJ.'fJ�r6':c1�:ilEtOtlh'ttlfrl> lJtLf tilt'l: [?lt>#rl5�y?C:Clbt�tJclC.crl"((tt�rc '1trJ.'rt{its7 'i2�c?�l !zv° C6111 actor to deler0410 the it hlttiJt ru!rh the well hart tv gkir;giddoore off ttoitr to e.c.9,00.1 tilt'pt't bleflf Total coliffJYtt l icttfl ter ntvr ftJr#rift ttt still'iiird i'cirt cQtifot rtr ltftt tr#x'ir#ai r falEttd lei rrttiuirtl nr{if hrriuiEti;#trasttf Ti In c4tifot`a of fet a€cull Ortrrfrrr terifi it ti ll' ,c+iE er 1Jtiry fri irate tl rif the-itzt l:atrn luzzrE=btrt+c#rt? tpralrlou or tfretalic it+clt rea E#ol t1J�IJrrtit.i{ ia�ertctta !fotr hrI"trier>eJi rlY!?tkfitg tocrll{titer nnrt,rtre pYN*tiAtit,rrirJ,rlr,Y,irrtt�c+i rtrifrl it the htuiscttolrt trirrl4�r S yc4JJ°s itrEger.ur t1J/1irtFrvconrftxotirlset#{srrcfi ns irri thtllitttirt#trttkltl/ r;t�inset�tt+tlrtttil;rrtJttillal f0t'4#iY�iifll?+rCc'+litlt.':ljiif{;:Ft#1a'1''ti:ErtlierE7z°'137JL+'r!t?:`tFillCaGrrG$llltarittir #t,Yjt+:aIt y he eontamblatr'on Cottthirttrs,ttarr.11044 0e;tigno lire passitti7ity gf1frilIJ.lig tE item=rvet!tii In tAlf rt ltrzr'ttt of ertti~r tft+irtfectloFJ t{tit soldch(Wo ffsc �rrte,Jrftti#uiotet li�ttl,tn`aaitzte, KOt#trttC E#ji ll(BErle.S#itlalrtirig iS r'txOttitlrettitc`r!etit'r' #4t'!t)Y l2t1deTia attrl trltro�t.+'. iiJlJiJf'I(ttitt`1001 itxiiof there iS ri blolttit lJPol)tt'JtF ttt.COittlttlttFtfthQtt p[k y0fo'firm,after,Yttj rEtt"t;1i?lrlJtCtttjt'gl t1�7 tint Eta!'it,11}s tt'Y2t�}EHlrttt{��+k k'itf: tor'(irYlhi'1 lrrjoYtrJnitt'rr,contort year toral hoaltlt EIdI;Yt#rrt Reulsetf Deaeathor 2t11 Wolf safety--titi�5attflti tihiiettt3ailh.ittnt�av, i(aistz�cE' e t.i)tr it ��1�� ^. �� '. \� Certified Mail # 7015 1520 0003 5463 0059 Return Receipt Requested October 3, 2016 Tony Konsul CWS Systems Inc PO Box 240908 Charlotte, NC 28224-0908 SUBJECT: NOTICE OF VIOLATION Tracking'Number: NOV-2016-LV-0543 Permit No. NCO022985 Fairfield Sapphire Valley WWTP Jackson County Dear Permittee: A review of the June 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Coliform, Fecal MF, MFC Broth, 6/27/2016 400 1,200 Daily Maximum Exceeded 44.5 C (31616) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. State of North Carolina Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit- Enforcement File G:\WR\WQ\Jackson\Wastevlater\Minors\CVUS Fairfield Sapphire Subd 22985\NOV-2016-LV-0543.rtf �� PAT MCCRORY DONALD R. VAN DER VAART Secrelar; rater Resources S. JAY 7FMMERMAN ENVIRONMENTAL QUALITY l,)irector October 3, 2016 CWS Systems, Inc. 2335 Sanders Rd. Northbrook, IL 60062 CWS Systems Inc. Attn: Tony Konsul, Regional Manager, Western NC & TN, Utilities Inc. 5701 Westpark Drive, Suite 101 Charlotte NC, 29217 SUBJECT: Notice of Violation Response and Sediment Removal Plan Approval Eagle Ridge Reservoir Site/1600 Trays Island Rd. NOV-2016-SS-0013 Jackson County Dear CWS Systems Inc.: The Division of Water Resources has received correspondence from Clearwater Environmental Consultants, Inc. dated August 10, 2016, in response to the NOV noted above. The proposal includes the removal of approximately 280 linear feet(Reach B) of sediment from an unnamed tributary to Little Hogback Creek. In addition, two check dams will be placed and temporarily cleaned out(Reach A and B). Clarification and additions to the plan are provided below: 1. The original plan proposed two check dams on the unnamed tributary, monitoring the check dams after 1-inch storm events, and removing sand immediately behind the check dams (as needed)for a period of 2 months. As discussed, monitoring and sand removal would occur until March 15, 2017. At that time the streams segments will be evaluated for either further maintenance or incident closure. 2. The original plan proposed the disposal of sand on Mr. Bryan's property. As discussed, sand removed from the site would be placed in a truck and hauled to CWS's facility off Highway 64 (35.119034, -83.037584). 3. The original plan proposed no sand removal within Little Hogback Creek. As discussed, sand would be removed from the first pool after the confluence on Little Hogback Creek. (For clarification purposes this area includes from the confluence of Little Hogback Creek to the first major log past the first pool or directly in front of the grassed field of the residence). State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-29645001 FAX:828-299-7043 i 4. As discussed, in-stream work would be completed by October 15 if possible. Completion ` \ of work will depend on legal right of entry to the property and contractor availability. S. Approximately twenty-five linear feet of sediment removal will also occur on both sides of the first bridge_crossing along the gravel road to the subject property. The remedial actions presented in the response have been found satisfactory and are approved. Activities involved in this approved plan, as well as submittal of the final report, are to be completed within thirty(30) days of this approval letter. Please contact me at(828)296-4664 or tim.fox(c,,,ncdenr.gov should you have any further questions. Sincerel , '- qo Ti, i A Environmental Specialist Water Quality Regional Operations Asheville Regional Office cc: Rebekah Reid—C1earWater Environmental (via email) David Brown—USACE (via email) Andrea Leslie—NCWRC (via email) Stan Aiken—NCDEMLR(via email) Steve Beasley—Jackson County(via email) ARO File Copy G:\WR\WQ\Jackson\Complaints\Eagle Ridge Reservoir Site\APRVL.SedimentPlanApproval-Eagleridgel0-3-16.doex North Carolina Department of Environmental Quality Pat McCrory Donald R. van der Vaart Governor Secretary October 3, 2016 Anna Payne Town of Murphy - PO Box 130 Murphy, NC 28906-0130 SUBJECT: Pretreatment Annual Report Review Murphy WWTP Permit No: NCO020940 Cherokee County Dear Ms. Payne: The Asheville Regional Office reviewed the Pretreatment Annual Report(PAR) covering January through December 2015. This PAR was received in our Raleigh Office on March 3, 2016. Our review indicates that the PAR satisfies the requirements of 15A NCAC 2H .0908(b) and the Comprehensive Guidance for North Carolina Pretreatment Programs with the following exception: • The Town of Murphy's HWA was due to PERCS by September 30,2016. Based on conversations between the Pretreatment Coordinator and PERCS staff, it is understood that the STMP samples were not able to be collected due to ongoing issues with the facility,and the HWA due date has been extended to April 151, 2018 Please note that the next PAR will be due March 1, 2017 for the 2016 year. Thank you for your continued cooperation with the Pretreatment Program. If you or your staff have any questions, please contact me at 828-296-4500 [tim.heim@ncdenr.gov]. Sincerely, Timothy Heim Environmental Engineer Cc: Monti Hassan, PERCS(via email) Scott Helton, Pretreatment Coordinator PERC Files(electronic) \\Wp3dnfpO6.eads.ncads.net\data\WR\WQ\Cherokee\Wastewater\Municipal\Murphy WWTP 20940\Pretreatment\PAR Review Letter 2015.doc 1601 Mail Service Center,Raleigh,North Carolina 27699-1601 Phone:919-707-8600\Internet:www.ncdenr.gov An Equal Opportunity t Affirmative Action Employer-Made in part by recycled paper \ J/'. -� North Carolina Department of Environmental Quality Pat McCrory Donald R. van der Vaart Governor Secretary October 3, 2016 Ed Burchins,Town Administrator Town of Andrews PO Box 1210 Andrews, NC 28901 Subject: Pretreatment Annual Report Review Town of Andrews,WWTP (NPDES# NC0020800) Cherokee County Dear Mr. Burchins: The Asheville Regional Office reviewed the Pretreatment Annual Report(PAR) covering January through December 2015. This PAR was received in our Raleigh Office on March 8, 2016. Our review indicates that the PAR satisfies the requirements of 15A NCAC 2H .0908(b) and the Comprehensive Guidance for North Carolina Pretreatment Programs. Please note that the next PAR will be due March 1, 2017 for the 2016 year. Thank you for your continued cooperation with the Pretreatment Program. If you or your staff have any questions, please contact me at 828-296-4500 [tim.heim@ncdenr.gov]. Sincerely, Timothy Heim Environmental Engineer Cc: Monti Hassan, PERCS(via email) Mike Ladd, Pretreatment Coordinator PERC Files(electronic) \\Wp3dnfpO6.Eads.Ncads.Net\Data\WR\WQ\Cherokee\Wastewater\Municipal\Andrews WWTP 20800\Pretreatment\PAR Review Letter 2015.Doc 1601 Mail Service Center,Raleigh,North Carolina 27699-1601 Phone:919-707-8600\Internet:www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer—Made in part by recycled paper �l. .� l �\ Ji PAT MCCRORY Governor t a' DONALD R. VAN DER VAART Secretary Waterkesources S. JAY ZIMMERMAN ENVIRONMENTAL(QUALITY Director October 4, 2016 James Maness 10487 Whitewind Circle Boynton Beach, FL 33473 RE: Sample ID:AC29648&AC30289 Sample Location Address: 122 Tumbleweed Trail Haywood County Dear Mr. Maness, Please find attached the analytical results for water samples collected from your water supply reservoir,at the address referenced above,on June 7,2016.Your water samples were analyzed for nitrate,nitrite,total coliform bacteria,and various metals. The following table summarizes the attached analytical results (AC29648) for a sample collected at the well reservoir. Please note that the bolded values indicate levels above the NC Groundwater Standard, 15A NCAC 21, .0202. The results are shown in units of micrograms per liter of water (ug/1) and are approximately equivalent to parts per billion (ppb). USEPA Maximum NC Groundwater Concentration Detected in Analytes Contaminate Level Standard Your Drinking Water Concentration Units Concentration Units Concentration Units Manganese 50 ppb 28 b Nitrate 10,000 ppb 10,000 ppb 1,000 b Nitrite 1,000 ppb 1,000 ppb 10 b Zinc 1,000 ppb 3,700 p b The following table summarizes the attached total coliform bacteria results (AC30289) for the well reservoir. Please note that the bolded values indicate levels above the NC Groundwater Standard, 15A NCAC 21, .0202. The results are shown in units of Colony Forming Units per 100 milliliters of water or CFU/100 ml. NC Groundwater Standards Concentration Detected in Your Analytes Source Drinking Water Concentration Units Concentration Units Total coliform Well 1 CFU/100 ml 28 CFU/100 ml bacteria Reservoir State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70,Swannanoa,North Carolina 28778 828-296-4500 James Maness October 4,2016 Page 2 of 2 In"summary, zinc and total coliform bacteria are present in your drinking water supply at concentrations that exceed the applicable groundwater standards. Nitrate and nitrite are also present in your drinking water supply but the concentrations do not exceed the applicable groundwater standards.. It is believed that the presence of total coliform bacteria is related to integrity of your water reservoir and not the construction of the water supply well. Therefore, this office is recommending that your water reservoir tanks be thoroughly inspected to determine how surface water is entering the system. Because there are constituents present above the applicable standards, a Health Risk Evaluation (HRE) was performed by North Carolina Department of Health and Human Services toxicologist, Kennedy Holt. The HRE, which is enclosed, makes specific recommendations for your water based on these results. If you have questions concerning the Health Risk Evaluation, please contact Kennedy Holt at (919) 707-5910.If you have any additional questions or concerns,please contact me at(828) 296-4681 or brett.laverty@ncdenr.gov. Sincerely, E / Brett Lat- Water Quality Regional Operations Asheville Regional Office Attachment: Health Risk Evaluations by Kennedy Holt DWR laboratory analytical results cc: ARO file Haywood County Health Department w/attachments Urpo Karppinen North Carolina Division of Water Resources Water Sciences Section Laboratory Results DAMES MANESS-122 TUMBLEWEED TRAIL WAYNESVILLE NC Sample ID: AC29648 HAYWOOD Collector: B LAVERTY VisitlD PO Number# ARO Report To ARO Location ID: 1C44122TUMBLE Date Received: 0 610 9/2 0 1 6 .sin Collect Date: 06/07/2016 Priority ROUTINE Time Received: 08_10 ncy Collect Time: 13_29 Sample Matrix: GROUNDWATER Labworks LoginlD MSWIFT JC Yes/No Sample Depth Loc.Type: WATERSUPPLY Delivery Method NC Courier Final Report Date: 7/26/16 Report Print Date: 0 8/1 0120 1 6 Final Report If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. Result/ Method Anal sis CAS# Analyte Name PQL Qualifier Units Reference Date Validated by LAB Sample temperature at receipt by lab 2.1 °C 619/16 MSWIFT NUT Nitrate a5 N in liquid 0.02 1.0 mg/L as N EPA 353.2 REV 2 6/17116 CGREEN Nitrite as N In liquid 0.01 0.01 mg/L as N EPA 353.2 REV 2 6/9/16 CGREEN NO2+NO3 as N in liquid 0.02 1.0 mg/L as N EPA 353.2 REV 2 6/17/16 CGREEN MET 7439-89-6 Fe by ICP 50 50 U ug/L EPA200.7 Rev4.4 6/17116 ESTAFFORDI 7439-96-5 Mn by ICP 10 28 ug/L EPA200.7 Rev4.4 6/17/16 ESTAFFORD1 7439-92-1 Pb by ICPMS 2.0 2.0 U ug/L EPA200.8 Rev5.4 6120/16 ESTAFFORD1 7782-49-2 Se by furnace 1.0 1.0 U ug/L EPA200.9 Rev2.2 6/28/16 ESTAFFORD1 7440-66-6 Zn by ICP 10 3700 ug/L EPA 200.7 Rev4.4 6/22116 ESTAFFORD1 WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Paae 1 of 1 \_. i North Carolina Division of Water Resources Water Sciences Section Laboratory Results ames Maness-122 TUMBLEWOOD TRAIL Waynesville,NC Sample ID: AC30289 HAYWOOD Collector: B LAVERTY VisitlD PO Number# ARO ARO Report To ARO Location ID: 1C44122TUMBLE Date Received: 06/07/2016 m Collect Date: 06/07/2016 Priority ROUTINE Time Received:. 16:40 cy Collect Time: 13_29 Sample Matrix: GROUNWATER Labworks LoginlD KJIMISON2 ,C Yes/No Sample Depth Loc.Type: Water Supply Delivery Method Hand Delivered Final Report Date: 711/16 Report Print Date: 08/10/2016 Final Report If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. Result/ sis Method Anaiv CAS# Analyte Name PQL Qualifier Units Reference Date Validated by ARO Coliform, MF Total in liquid 1 28 CFU/100mi APHA922213-20th 6/7/16 ESTAFFORD1 Sample temperature at receipt by lab 2,2 T 6/7116 RBYRD WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Paae 1 of 1 A 1 L N, t: t �41- ion r C4 V Y n d :use , 1kfF said' Kecom Sampte TEST RESULTS AND Abb s aft WS'Or nftank Ali atca� . Y'Wr Wa1e ,call tie: s04€bT drlrsg caatcirxg, astng, tetia[ng,;batt�Eng'atLd shaerr baserx tie irrr arc cfremluts vtrt You gay tog Q(*water sa�npttng r,esul#s:#�a are n0 00kod a€ t. ft) PO0', €eEtoHrm#; sta ce( }a c$edett f mt dr ntcirrg water.sfatidards Qr the Wh rot#m 4L cafe tat#Pd with, tuts. 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Rafitiife€JrFi rn#r e Y sarrf r irf i Yeec�rkfrlr rf !#i z�!c'€i/ykxnr tirrR t �# t��lrar � �"M orrtrrrr't#taWrIgrir all r � � TI I our artn fl !'r r pa , Y#?J7tfftC'r?rt'rRf t1fY610"U1011,t1k"Ff�{'r`tt #1{lftf trt�!!eft'FFI. �'af=;i`fft°[#tr#'r•ifffaYrtrffdi�rt,corrft~#et r(frkfl�t�crft t'rF'�itir;ifc�irrfffrrfc�[tt;- RCWseef Decenrhei-2011 kyle{!Sar f��Erf[�/ie�f puhlse{kR�ifU'tt�,gov ,7trsF,��s[i�ef fir[t�tE \�� _'�. ,�/i `� _.._ _.._ ix > titr�►a 'y��. ��r � �` .3f ZIIti�1�� 1��.I� Certified Mail# 7015 1520 0003 5463 0066 Return Receipt Requested October 3, 2016 Brian Osteen Greystone Enterprises Inc 9 Greystone Drive Hendersonville, NC 28792 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-MV-0113 Permit No. NCO068799 Greystone Subdivision WWTP Henderson County Dear Permittee: A review of the March 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Monitoring Violation(s): Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Chlorine,Total Residual(50060) 3/12/2016 2 X week Frequency Violation 001 Effluent Chlorine,Total Residual (50060) 3/19/2016 2 X week Frequency Violation 001 Effluent Chlorine,Total Residual (50060) 3/26/2016 2 X week Frequency Violation Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional `. Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit Enforcement File James &James Environmental/ ORC G:\WR\WQ\Henderson\Wastewater\Minors\Greystone Subdivision 687991,NOV-2016-MV-0113.rtf _/ i PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary WaterResources ENVIRONMENTAL QUALITY - S. JAY ZIMMERMAN Director October 4, 2016 DWR# 15-0621 V2 Buncombe County Carl Morrison 254 Pearson Drive Asheville,'NC 28801 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Morrison Farms Dear Mr. Morrison: You have our approval for the impacts listed below for the purpose described in your application dated August 29, 2016, and received by the Division of Water Resources (Division) on September 1, 2016, with additional information received on September 29, 2016.These impacts are covered by the attached Water Quality General Certification Number 3890 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Number 18 once it is issued to you by the U.S.Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70 J Swannanoa,North Carolina 28778 828 296 4500 Morrison Fars, DWR#15-0621 V2 � 401 Approval Page 2 of 4 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Wetlands Impact W1 0.004 (acres) Impact W2 0.05 (acres) Streams Impact S1 20(linear feet) Impact S2 22 (linear feet) Impact S3 15 (linear feet) 2. This approval is for the purpose and design described in your application and additional information provided. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package _ with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certifications) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. Stormwater Management Plan Approved by the Division as Low Density Project The Division approves this project as a low density development with impervious surface area of under 24% and a stormwater drainage system that consists primarily sheet flow across vegetated surfaces. The following conditions apply: i. Non-Erosive Discharge to Streams and Wetlands. Stormwater.conveyances that discharge to streams and wetlands must discharge at a non-erosive velocity prior to entering the stream or wetland during the peak flow from the ten-year storm. ii. Vegetated Setbacks. A 30-foot wide vegetated setback must be maintained adjacent to streams, rivers and tidal waters in areas that are not subject to a state Riparian Area Protection Rule or other more stringent vegetated setback requirements. The width of the setback shall be measured horizontally from the normal pool elevation of impounded structures,the top-of-bank of streams and rivers, and the mean high waterline of tidal waters, perpendicular to shoreline. Vegetated setback and filters required by state rules or local governments may be met concurrently with this requirement and may contain coastal, isolated or 404 jurisdictional wetlands. Non-jurisdictional portions of the vegetated setback may be cleared and graded, but must be planted with and maintained in grass or other vegetative or plant material. i Morrison Farms DWR#15-0621 V2 401 Approval Page 3 of 4 iii. Vegetated Conveyances Only. The project must not include a stormwater collection system (such as piped conveyances) as defined in 15A NCAC 02B .0202(60). 2. All stormwater runoff from the built upon areas is transported primarily via vegetated conveyances. 4. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3)] 5. The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 02B .0200. Appropriate sediment and erosion control practices must be used to meet this standard. [15A NCAC 02B .0200] 6. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 © and 15A NCAC 02H .0506 (b)(2) and (c)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty(60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919)431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: Morrison Farm, DWR#15-0621 V2 401 Approval \ Page 4 of 4 If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,NC 27699-1601 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Zan Price at 828-296-4662 or zan.price@ncdenr.gov if you have any questions or concerns. Sincerely, Zan Price, P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: 3890 Certificate of Completion cc: Danvey Walsh—Equinox Environmental, Inc (via email) William Elliot_USACE Asheville Regulatory Field Office (via email) Andrea Leslie-NCWRC(via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit G:\WR\WQ\Buncombe\401s\Non-DOT\Morrison Farms\Version 2\APRVL.Morrison Farms.dou PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director October 4, 2016 Dan Harbaugh Tuckaseigee Water& Sewer Authority 1246 W. Main Street Sylva,NC 28779 SUBJECT: Annual Report (2015) Review Inspection TWSA Class A EQ Residuals Production Facility and Distribution Program Permit No: WQ0005763 Jackson County Dear Mr. Harbaugh: Enclosed please fmd a copy of the Annual Report Review Inspection Form from the inspection conducted on 9/20/2016. The facility was found to be in compliance with permit WQ0005763. 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, A Beverly Price Environmental Senior Specialist Enc. cc: Stan Bryson Wastewater Plant Operations Superintendent MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\Jackson\Wastewater\Non-discharge\Tuckaseigee Water&Sewer Authority\CEI.2016.2015 AR Review.doex State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Eighway 70 Swannanoa,NC 28778 828 296 4500 `� �� '� i �_ �_. ,, �� Compliance Inspection Report Permit: WQ0005763 Effective: 09/11/14 Expiration: 07/31/19 Owner: Tuckaseigee Water&Sewer Authority SOC: Effective: Expiration: Facility: TWSA Class A EQ Residuals Production Facility anc County:Jackson 1871 N River Rd Region: Asheville Sylva'NC 28779 Contact Person: Dan Harbaugh Title: Executive Director Phone: 828-586-5189 Ext.203 Directions to Facility: From the intersection of North River Road(SR 1359)and Hwy.441 in Dillsboro,turn left onto SR 1359. Travel approximately 2 miles to TWSA Plant#1 on the left. System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): 24 hour contact name Stan D Bryson 828-586-5189 Related Permits: NC0063321 Tuckaseigee Water&Sewer Authority-TWSA Plant#3 NC0087602 Tuckaseigee Water&Sewer Authority-Whittier WWTP NC0020214 Tuckaseigee Water&Sewer Authority-TWSA WWTP#2 NC0039578 Tuckaseigee Water&Sewer Authority-Jackson County WWTP Inspection Date: 09/20/2016 Entry Time: 03:30PM Exit Time: 05:OOPM Primary Inspector: Beverly Price Q Phone: 828-296-4500 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Annual Report Review Permit Inspection Type: Distribution of Residual Solids(503) Facility Status: ® Compliant Not Compliant Question Areas: ® Miscellaneous Questions ® Record Keeping Pathogen and Vector Attraction (See attachment summary) Page: 1 Permit: W00005763 Owner-Facility:Tuckaseigee Water&Sewer Authority Inspection Date: 09/20/2016 Inspection Type:Annual Report Review Reason for Visit: Routine Inspection Summary: The inspection consisted of a review of the 2015 Annual Report. The review was conducted by Beverly Price of the Asheville Regional Office. All of the sludge(297.2 dry tons)that was generated at the Tuckaseigee Water and Sewer Authority facilities during 2015 was hauled by private contractor to: R&B Landfill.-operated by WasteManagement Inc. 610 Frank Bennett Road Homer Ga. 30080 Residuals were monitored for meta ls/nutrients/TCLP/Ignitability/Corrosivity/Reactivity-Analytical results appeared to be compliant with permit conditions. Pathogen Reduction verification via Fecal Coliform Density: requirements were met. PathogenNector Attraction Reduction verification via Alternative#5-Heat Drying-Five dryer runs appeared to not meet the moisture reduction requirement. Page: 2 Permit: WQ0005763 Owner-Facility:Tuckaseigee Water&Sewer Authority Inspection Date: 09/20/2016 Inspection Type:Annual Report Review Reason for Visit: Routine Pathogen and Vector Attraction Yes No NA NE a. Fecal coliform SM 9221 E(Class A or B) ® ❑ ❑ ❑ Class A,all test must be<1000 MPN/dry gram Geometric mean of 7 samples per monitoring period for class B<2.0*10E6 CFU/dry gram ❑ Fecal coliform SM 9222 D(Class B only) ❑ ❑ ® ❑ Geometric mean of 7 samples per monitoring period for class B<2.0*10E6 CFU/dry gram ❑ b. pH records for alkaline stabilization(Class A) ❑ ❑ ® ❑ c. pH records for alkaline stabilization(Class B) ❑ ❑ ® ❑ Temperature corrected ❑ d. Salmonella(Class A,all test must be<3MPN/4 gram day) ❑ ❑ ® ❑ e. Time/Temp on: ❑ ❑ 0 ❑ Digester(MCRT) ❑ Compost ❑ Class A lime stabilization ❑ f. Volatile Solids Calculations ❑ ❑ ® ❑ g. Bench-top Aerobic/Anaerobic digestion results ❑ ❑ ® ❑ Comment: Record Keeping Yes No NA NE Is GW monitoring being conducted,if required? ❑ ❑ ■ ❑ Are GW samples from all MWs sampled for all required parameters? ❑ ❑ ® ❑ Are there any GW quality violations? ❑ ❑ ■ ❑ Is GW-59A certification form completed for facility? ❑ ❑ ❑ Is a copy of current permit on-site? ❑ ❑ ❑ ■ Are current metals and nutrient analysis available? ❑ ❑ ❑ Are nutrient and metal loading calculating most limiting parameters? ■ ❑ ❑ ❑ a. TCLP analysis? ■ ❑ ❑ ❑ b. SSFA(Standard Soil Fertility Analysis)? ❑ ❑ M ❑ Are PAN balances being maintained? ❑ ❑ i ❑ Are PAN balances within permit limits? ❑ ❑ M ❑ Has land application equipment been calibrated? ❑ ❑ ❑ Are there pH records for alkaline stabilization? ❑ ❑ ❑ Are there pH records for the land application site? ❑ ❑ ® ❑ Are nutrient/crop removal practices in place? ❑ ❑ ❑ Page: 3 Permit: WQ0005763 Owner-Facility:Tuckaseigee Water&Sewer Authority Inspection Date: 09/20/2016 Inspection Type:Annual Report Review Reason for Visit: Routine Record Keeping Yes No NA NE Do lab sheets support data reported on Residual Analysis Summary? ■ ❑ ❑ ❑ Are hauling records available? ❑ . ❑ ❑ Are hauling records maintained and up-to-date? ❑ ❑ ❑ #Has permittee been free of public complaints in last 12 months? ❑ ❑ ❑ Has application occurred during Seasonal Restriction window? ❑ ❑ ® ❑ Comment: All residuals were hauled to R and B Landfill in Homer Ga. -hauling tickets are available upon request Tvpe Yes No.NA NE Land Application ❑ Distribution and Marketing Page: 4 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary WaterResourees S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director October 5, 2016 DWR# 14-0426-V2 McDowell County David C. Vorhoff 1516 Queens Road West Charlotte,NC 28207 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION David Vorhoff-Old Wildlife Club 66 Otter Waller Dr. Dear Mr. Vorhoff: You have our approval for the impacts listed below for the purpose described in your application dated September 14, 2016, and received by the Division of Water Resources(Division) September 26, 2016, approval has been granted for the impacts listed in the table below. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and any additional conditions listed below. Project impacts are covered by the attached Water Quality General Certification Number 3898 and the conditions listed below. This certification is associated with the use of General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with your project, including those required by(but not limited to)Erosion and Sediment Control, Water Supply Watershed and Trout Buffer regulations. IMPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved Permanent Open Waters Above Pool Below Pool 0.0083 (acres) 0.0124 (acres) State of North Carolina I Environmental Quality I Water Resources 2090 US 70 Highway,Swannanoa,North Carolina 28778 828/296-4500 David Vorhoff=Old Wildlife Club 66 Otter Waller Dr. October 5,2016 Page 2 of 3 1. ADDITIONAL CONDITIONS 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. 2. The proposed project must comply with the McDowell County local riparian buffer ordinance approved by the Division of Water Resources under the Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers, 15A NCAC 02B .0243(3)(b). 3. Stabilization techniques must meet the General Conditions listed in the Shoreline Stabilization Technique Selection Process found in Duke Energy's Shoreline Management Guidelines for the Catawba-Wateree river system 2006 Shoreline Management Plan. _ This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty (60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAR Clerk's Office at(919)431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919)431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five(5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings , 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 Ad Vorhoff-Old Wildlife Club 66 Otter Waller Dr. Jctober 5,2016 Page 3 of 3 One (1) copy of the petition must also be served to DEQ: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Kevin Mitchell at 828-296-4650 or kevin.mitchellnncdenr.gov if you have any questions or concerns. Sincerely, Zan Price,P.E., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosure: GC 3898 Certificate of Completion cc: Carissa Parker-Bennick Enterprises LLC (via email) William Elliot - USACE Asheville Regulatory Field Office (via email) Wade Harmon—Duke Energy(via email) Ron Harmon—McDowell County Planning DWR ARO 401 files DWR 401 and Buffer Permitting Unit G:\WR\WQ\McDowell\40lsWon-DOT\David Vorhoff-Old Wildlife Club 66 Otter Waller Drive\APRVL401.David Vorhoff-Old Wildlife Club 66 Otter Waller Dr.-10.05.2016.docx PAT MCCRORY z- Governor DONALD R. VAN DER VAART Secretary I% at'eFReSourceS ENVIRONMENTAL QUALITY _ S. JAY ZIMMERMAN Director October 5, 2016 V1 Patel 1930 US 70 Highway Swannanoa, NC 28778 Re: Complaint Investigation 1930 US 70 Highway Buncombe County Dear Mr. Patel, On September 28, 2016,the Asheville Regional Office of the Division of Water Resources (DWR) received a complaint alleging that a red substance was entering a storm drain at the referenced address and discharging to an unnamed tributary of Christian Creek. I conducted an inspection of the referenced property and observed what appeared to be automobile fluid entering a storm drain.The storm drain discharges to the unnamed tributary.The released fluid was minimal in volume and appeared to be an accidental release. No additional action was taken at that time as it was determined the best course of action was to allow the fluid to flush through the system. The complainant also alleged that wash water from your laundromat at the referenced address is intentionally, or unintentionally, allowed to enter a storm drain on the property regularly on weekend mornings.Wash water generated at your Laundromat,whether it be water from the washing machines or water generated during cleaning activities, is considered an industrial wastewater as defined in Title 15A of the North Carolina Administrative Code (NCAC)Subchapter 02T.0103(20)(b). Discharging the wash water to a storm drain would be considered a violation of North Carolina General Statute 143- 215.1(a),which states that no person shall construct or operate any sewer system,treatment works, or disposal system within the State unless that person has received a permit. All of the wash water associated with the Laundromat should be disposed in the permitted sewer system. If violations associated with the laundromat wastewater are documented on your property in the future, this office may pursue further action as authorized by North Carolina General Statute. If you would like to discuss this issue further, please contact me at 828-296-4500. Sincerely, Andrew Moore Environmental Specialist Water Quality Regional Operations Section cc: ARO file State of North Carolina I Environmental Quality I Water Resources 2909 U.S.Hwy.70 j Swannanoa,North Carolina 28778 828 296 4500 PAT MCCRORY vemor DONALD R. VAN DER VAART -_- * S'ecrehxry WaterResources S. JAY ZIMMERMA.N ENVIRONMENTAL QUALITY J..)irzxaJr October 5, 2016 Joshua P. Ward,Town Manager Town of Bryson City 45 Everett Street Bryson City, NC, 28713 Subject: Permit No. WQ0038738 Town of Bryson City Discovery Mountain Charter School Wastewater Collection System Extension Permit Swain County Dear Mr. Ward: In accordance with your completed application received September 30, 2016, we are forwarding herewith Permit No. WQ0038738 dated October 5, 2016, to the Town of Bryson City (Permittee)for the construction and operation upon certification of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the -, conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition IIA: This permit shall not be automatically transferable; a request must be made and approved. Condition IIA: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. It shall be responsibility of the Permittee to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made,this permit shall be final and binding. State of North Carolina/Environmental Quality/Water Resources 2090 U.S.Hwy.70,Swannanoa,N.C. 28778 828-296-4500 Town of Bryson City Permit No.WQ0038738 If you need additional information concerning this matter, please contact Tim Heim at(828) 296-4500 or via e-mail at tim.heim@ncdenr.gov. �- Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ cc: Charles Deep, P.E.—4D Engineering(electronic copy) ARO Office Files Water Resources Central Files PERCS(electronic copy) \\Wp3dnfp06.eads.ncads.net\data\WR\WQ\Swain\Collection Systems\Bryson City Collection System\WQ0038738 Discovery Mnt School.docx Page 2 of 8 NZ. Environmental Quality WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Town of Bryson City Swain County for the construction and operation of approximately 143 linear feet of 6-inch gravity sewer, and approximately 726 linear feet of 8-inch gravity sewer to serve a new gymnasium as part of the Discovery Mountain Charter School project, and the discharge of zero additional gallons per day of collected domestic wastewater into the Town of Bryson City's existing sewerage system, pursuant to the application received September 30, 2016 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville.Regional Office Division of Water Resources, NCDEQ Permit Number: WQ0038738 Permit Issued: October 5,2016 Page 3 of 8 SUPPLEMENT TO PERMIT COVER SHEET Town of Bryson City is hereby authorized to: Construct, and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the Town of Bryson City Wastewater Treatment Facility in accordance with Permit Number NC0026557. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standards identified below. 1. STANDARD CONDITIONS 1. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. [15A NCAC 02T.0104; G.S 143-215.1(d3)] 2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. [15A NCAC 02T.01101 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. [15A NCAC 02T.0110] 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required,the following performance criteria shall be met: [15A NCAC 02T.0108(b)]: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. Page 4 of 8 c.- An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 26 .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite r -� sewer systems. 2. For privately owned collection systems, the Grease Control Program shall include at least bi- annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. 5. The Permittee shall report by telephone to a water resources staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any SSO and/or spill over 1,000 gallons; or c. Any SSO and/or spill, regardless of volume,that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the - initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) Page 5 of 8 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. [G.S. 143- 215.1C(a1)] 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. [15A NCAC 02T.0108(b)] 7. Upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: _. a. One copy of the project construction record drawings (plan & profile views of sewer lines & force mains) of the wastewater.collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc. b. One copy of the supporting applicable design calculations including pipe and pump sizing, velocity, pump cycle times, and level control settings, pump station buoyancy, wet well storage, surge protection, detention time in the wet well, and force main, ability to flush low points in force mains with a pump cycle, and downstream sewer capacity analysis. If a portable power source or pump is dedicated to multiple stations, an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable power source or pump, include travel timeframes, shall be provided. c. Changes to the project that do not result in non-compliance with this permit, regulations, or the Minimum Design Criteria should be clearly identified on the record drawings,on the certification in the space provided,or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non-compliance with this permit (including pipe length increases of 10% or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the number/type of connections), regulations, or the Minimum Design Criteria. Requested Page 6 of 8 modifications or variances to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After-construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification &activation. [15A NCAC 02T.0116] 8. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined, a slope variance can be requested from the Division with firm supporting documentation. This shall be done through a permit modification with fee. Such variance requests will be evaluated on a case-by-case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification. [ 15A NCAC 02T.0105(n)] 9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. [15A NCAC 02T.0116] 10. Failure to abide by the conditions and limitations contained in this .permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. [15A (< - NCAC 02T.0104; 15A NCAC 02T.0108(b-c)] 11. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. [15A NCAC 02T.0110; 15A NCAC 02T.0108(b)] 12. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by the Division any other Federal, State, or Local government agencies which have jurisdiction or obtaining other permits which maybe required by the Division or any other Federal,State, of Local government agencies. [G.S. 143-215.1(b)] Page 7 of 8 FAST TRACK SEWER ENGINEERING CERTIFICATION PERMITTEE: TOWN OF BRYSON CITY PERMIT#: WQ0038738 PROJECT: DISCOVERY MOUNTAIN CHARTER SCHOOL ISSUE DATE: October 5, 2016 This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the Division has received this Certification and all required supporting documentation. It should be submitted in a manner that documents the Division's receipt. Send the required documentation to the Regional Supervisor, Water Quality Regional Operations Section at the address at the bottom. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up until a final certification is received. 'A Final Certification shall be a complete set of record drawings and design calculations regardless of whether partials have been submitted. PERMITTEE'S CERTIFICATION I,the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards &requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name,Title Signature Date ENGINEERS CERTIFICATION 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 Discovery Mountain Charter School and location as referenced above for the above Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Resources' (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast- Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. ........................................................................... North Carolina Professional Engineer's Seal w/signature &date: ❑ Final ❑ Partial (include description) Certification Comments/Qualifiers(attach if necessary): NC DWR—Water Quality Regional Operations Section 2090 US Hwy 70 Swannanoa, NC 28778 Asheville Regional Office Phone: (828)-296-4500 FAX:(828)-299-7043 PAT MCCRORY Governor : DONALD R. VAN DER VAART A Secretary S. JAY ZIMMERMAN Water Resources Director ENVIRONMENTAL QUALITY October 5,2016 Mr. A.Dale Owen, Owner Adventure Village 15 Adventure Ridge Road Brevard,North Carolina 28712 SUBJECT: Compliance Evaluation Inspections Adventure Village WWTP Permit No.NCO086223 Adventure Village Deemed Collection System Transylvania County Dear Mr. Owen: On October 4, 2016, Mikal Willmer and I conducted a Compliance Evaluation Inspection of the Wastewater Treatment Plant and Deemed Wastewater Collection System that serve Adventure Village. Based on records reviewed, an on-site visit,and interviews with staff,the facilities were found to be compliant. Inspection reports are attached for your records with findings summarized.The following items were noted during the inspection: • A PVC pipe of unknown origin and purpose was observed in the upstream vicinity of the WWTP discharge pipe. Assess the origin and purpose of the pipe and contact me with a plan to plug and abandon or remove it. • Continue to operate and maintain the collection system in compliance with the requirements outlined in 15A NCAC 02T.0403 (Attached)for Deemed Wastewater Collection Systems. The assistance of Travis McMinn and the Adventure Village staff in conducting the inspections was greatly appreciated. If there are questions or additional information is needed regarding system operation,maintenance, or permit questions,please feel free to contact me at 828-296-4500.Please refer to the enclosed inspection report for additional observations and comments. Sincerely, Tim Heim,P.E. Environmental Engineer Enc. cc: Travis McMinn, ORC MSC 1617-Central Files-Basement Asheville Files \\Wp3dnfp06.eads.ncads.net\data\WR\WQ\Transylvania\Collection Systems\Adventure Village WQCSD\CEI letter 10-04-2016.doc State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 828 296 4500 \\ �� \ � _ __...... i. ��- United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval 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 H 2 15 1 3 I NCO086223 I11 12 16/10/04 17 18 1 19 L Gj 201 211 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 11 1 1 1 1 1 166 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ------------------Reserved------------- 671 70 u 71 I ty1 I 72 73 I I 174 751 1 1 1 1 1 I 180 Section B:Facility Data LJ I I I 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) 09:OOAM 16/10/04 15/10/01 Adventure Village VWVTP Exit Time/Date permit Expiration Date 15 Adventure Rdg Rd 03:OOPM 16/10/04 20/09/30 Brevard NC 28712 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Trevor Clyde McMinn/ORC/828-691-7191/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted A Dale Owen,15 Adventure Rdg Rd Brevard NC 28712//828-862-5411/8288645412 No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) ® Permit ® Operations&Maintenance ® Records/Reports ® 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 Timothy H Heim ARO WQ//828-296-4665/ Mikal Willmer ARO WQ//828-296-4686/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 356 - ev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 31 N00086223 I11 12 16/10/04 17 18 ICI Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Tim Heim and Mika Wilme of the Asheville Regional Office performed a Compliance Evaluation Inspection on October 4th, 2016.Trevor McMinn (ORC) assisted with the inspection. The permitted discharge facility appeared well maintained and operated at the time of the inspection, and in compliance with Permit NC0086223. Page# 2 Permit: NCO086223 Owner-Facility: Adventure Village wWTP inspection Date: 10/04/2016 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 facility appeared well maintained and operated, and compliant with the permit conditions at the time of the inspection. 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: Page# 3 PAT MCCRORY Govemor i idea DONALD R. VAN DER VAART Secretary WaterReseurces ENVIRONMENTAL QUALRY S. 'JAY ZIMMERMAN Director October 5, 2016 DWR# 16-0424 Buncombe County Town of Black Mountain Attention:Jamey Matthews 160 Midland Avenue Black Mountain, NC 28711 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Montreat Road Sidewalk Phase IV Dear Mr. Matthews: You have our approval for the impacts listed below for the purpose described in your application dated April 14, 2016, and received by the Division of Water Resources (Division) on April 25, 2016, with additional information received on May 18, 2016 and October 3, 2016. These impacts are covered by the attached Water Quality General Certification Number 3890 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Number 39 or 18 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Streams Impact S1 22(linear feet) State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70 1 Swannanoa,North Carolina 28778 828 296 4500 Montreat Road Sidewalk Phase Ib\ DWR#16-0424�� 401 Approval Page 2 of 4 2. This approval is for the purpose and design described in your application and additional information provided.The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certifications) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. Stormwater Management Plan Approved bV the Division as Low Density Project The Division approves this project as a low density development with impervious surface area of under 24% and a stormwater drainage system that consists primarily sheet flow across vegetated surfaces. The following conditions apply: i. Non-Erosive Discharge to Streams and Wetlands. Stormwater conveyances that discharge to streams and wetlands must discharge at a non-erosive velocity prior to entering the stream or wetland during the peak flow from the ten-year storm. ii. Vegetated Setbacks. A 30-foot wide vegetated setback must be maintained adjacent to streams, rivers and tidal waters in areas that are not subject to a state Riparian Area Protection Rule or other more stringent vegetated setback requirements. The width of the setback shall be measured horizontally from the normal pool elevation of impounded structures, the top-of-bank of streams and rivers, and the mean high waterline of tidal waters, perpendicular to shoreline. Vegetated setback and filters required by state rules or local governments may be .met concurrently with this requirement and may contain coastal, isolated or 404 jurisdictional wetlands. Non-jurisdictional portions of the vegetated setback may be cleared and graded, but must be planted with and maintained in grass or other vegetative or plant material. iii. Vegetated Conveyances Only. The project must not include a stormwater collection system (such as piped conveyances) as defined in 15A NCAC 02B .0202(60). 2. All stormwater runoff from the built upon areas is transported primarily via vegetated conveyances. 4. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3)] 5. The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 02B .0200. Appropriate sediment and erosion control practices must be used to meet this standard. [15A NCAC 02B .0200] Montreat Road Sidewalk Phase IV DWR#16-0424 401 Approval Page 3 of 4 6. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification.A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 © and 15A NCAC 02H .0506 (b)(2) and (c)(2)l This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty(60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00p.m, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Montreat Road Sidewalk Phase i DWR#16-0424 401 Approval Page 4 of 4 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Zan Price at 828-296-4662 or zan.price@ncdenr.gov if you have any questions or concerns. Sincerely, an Price, P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: 3890 Certificate of Completion cc: Jesse Gardner—Civil Design Concepts, PA(via email) William Elliot—USACE Asheville Regulatory Field Office (via email) Andrea Leslie—NCWRC(via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit G:\WR\WQ\Buncombe\401s\Non-DOT\Montreat Road Sidewalk Extension Phase IV\APRVL.Montreat Road Sidewalk Phase IV.docx PAT MCCRORY Governor N--C, DONALD R. VAN DER VAART Secretary WaterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director October 5,2016 - Anne Lauder 965 Watson Branch Cullowhee, NC 28723 RE: Sample ID:AC28041 Sample Location Address:965 Watson Branch Jackson County Dear Ms.Lauder, Please find attached the analytical results for a water sample collected from your water supply well, at the address referenced above,on August 9, 2016.The water sample was analyzed for chloride, sulfate,and various metals. The following table summarizes the attached analytical results (AC31527) for samples collected at the well head. Please note that the bolded values indicate levels above the NC Groundwater Standard, 15A NCAC 2L.0202.The results are shown in units of micrograms per liter of water(ug/1) and are approximately equivalent to parts per billion (ppb). USEPA Maximum NC Groundwater Concentration Detected Analytes Contaminate Level Standard In Your Drinking Water Concentration Units Concentration Units Concentration Units Barium 2,000 ppb 700 b 27 b Calcium 95,000 ppb Chloride ppb 1,100 b Iron 300 ppb 220 b Magnesium 13,000 b Manganese 50 ppb 170 b Potassium 8,900 ppb Sodium 6,500 ppb strontium 260 ppb sulfate 250,000 ppb 180,000 ppb zinc 1,000 ppb 2,000 ppb. Because manganese and zinc are present at concentrations above the applicable groundwater standards,a Health Risk Evaluation (HRE)was performed by North Carolina Department of Health and Human Services toxicologist,Kennedy Holt.The HRE,which is enclosed,makes specific recommendations for your water based on these results. It is important to point out that numerous water samples have been collected from your water supply well since April 2015.The problem appears to stem from a nearby water supply well that underwent hydraulic fracturing to increase water yield. Many neighboring wells appear to have been impacted State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70,Swannanoa,North Carolina 28778 828-296-4500 Anne Lauder �\ October 5;2016 Page 2 of 2 in terms of reduced yield and/or changes in water quality. The following table summarizes the reduction of major ions in your water supply well. Ln Ln Ln Ln Ln �q Z CD 1 4-1 O Z O O N OCD \ N CN v co N d" Ln Q` N co Q p; Micro rams er liter of water ug 1 or parts er billion Calcium 440,000 390,000 310,000 190,000 140,000 130,000 95,000 78 Iron 760 440 440 130 130 140 220 71 Lead 12 <5 4.4 8.2 4.8 3.5 <2 100 Magnesium 76,000 63,000 46,000 27,000 19,000 17,000 13,000 83 Manganese 1,900 1,800 1,300 490 240 88 170 91 Sodium 19,000 16,000 13,000 10,0 00 8,700 6,800 6,500 66 Sulfate 1,200,000 1,100,000 670,000 510,000 300,000 270,000 180,000 85 Zinc 45,000 35,000 9,000 6,800 6,4000 1 4,400 2,000 95 The analytical results indicate that the concentrations for most major ions have declined by more than 70%due to natural attenuation. Because your drinking water quality is stabilizing and no longer poses a serious health risk,the Asheville Regional Office is suspending their investigation at this time. In the future,please do not hesitate to call if you observe any physical changes to the quality of your drinking water. If you have questions concerning the Health Risk Evaluation,please contact Kennedy Holt at(919) 707-5910.If you have any additional questions or concerns,please contact me at(828) 296-4681 or brett.laverty@ncdenr.gov. Sincerely,' Brett Laverty j Water Quality"Pegional Operations Ashevilleetegional Office Attachment: Health Risk Evaluations by Kennedy Holt DWR laboratory analytical results cc: ARO file Jackson County Health Department w/attachments North Carolina Division of Water Resources Water Sciences Section Laboratory Results .ane Lauder-965 WATSON BRANCH Cullowhee,NC Sample ID: AC31527 JACKSON Collector: B LAVERTY VisitlD PO Number# ARO Report To ' ARO Location ID: 1C450965WATSON Date Received: 08/11/2016 n Collect Date: 08/09/2016 Priority ROUTINE Time Received: 08_35 icy Collect Time: 11_42 Sample Matrix: GROUNDWATER Labworks LoginlD TASCENZ01 Yes/No Sample Depth Loa Type: Water Supply Delivery Method NC Courier Final Report Date: 9115/16 Report Print Date: 09/2 012 0 1 6 Final Report If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. Result/ Method Analysis CAS# AnalYte Name PQL Qualifier Units Reference bate Validated by LAB Sample temperature at receipt by lab 1.3 °C 8/11/16 MSWIFT WET Bromide 0.4 0.4 U mg/L EPA 300.0 rev2.1 8/11/16 CGREEN Chloride 1.0 1.1 mg/L EPA300.0 rev2.1 8/11/16 CGREEN Fluoride 0.4 0.4 U mg/L EPA300.0 rev2.1 8/11/16 CGREEN Sulfate 2.0 180 mg/L EPA300.0 rev2.1 8/11/16 CGREEN MET 7440-22-4 Ag by ICPMS 1.0 1.0 U ug/L EPA 200.8 Rev5.4 8/24/16 ESTAFFORD1 7429-90-5 Al by ICP 50 50 U ug/L EPA200.7 Rev4.4 8/31/16 ESTAFFORD1 7440-38-2 As by ICPMS 2.0 2.0 U ug/L EPA200.8 Rev5.4 8/24/16 ESTAFFORD1 7440-38-3 Ba by ICP 10 27 ug/L EPA200.7 Rev4.4 8/31116 ESTAFFORD1 744r -12 Ca by ICP 0.10 95 mg/L EPA200.7 Rev4.4 8/31/16 ESTAFFORD1 744b--;J`9 Cd by ICPMS 0.50 0.50 U ug/L EPA200.8 Rev5.4 8/24/16 ESTAFFORD1 7440-48-4 Cobalt by ICP 50 50 U ug/L EPA200.7 Rev4.4 8/31/16 ESTAFFORD1 7440-47-3 Cr by ICPMS 5.0 5.0 U ug/L EPA200.8 Rev5.4 8/24/16 ESTAFFORD1 7440-50-8 Cu by ICPMS 2.0 2.0 U ug/L EPA200.8 Rev5A 8/24/16 ESTAFFORD1 7439-89-6 Fe by ICP 50 220 ug/L EPA200.7 Rev4.4 8/31/16 ESTAFFORD1 7439-97-6 Hg 245.1 0.2 0.20 U ug/L EPA245.1 Rev3 8/17/16 ESTAFFORD1 7440-09-7 K by ICP 0.10 8.9 mg/L EPA200.7 Rev4A 8131/16 ESTAFFORD1 7439-95-4 Mg by ICP 0.90 13 mg/L EPA200.7 Rev4.4 8131/16 ESTAFFORD1 7439-96-5 Mn by ICP 10 170 ug/L EPA200.7 Rev4.4 8131/16 ESTAFFORD1 7439-98-7 Mo by ICPMS 10 10 U ug/L EPA200-8 Rev5.4 8/23/16 ESTAFFORD1 7440-23-5 Na by ICP 0.10 6.5 mg/L EPA200.7 Rev4.4 8/31/16 ESTAFFORD1 7440-02-0 Ni by furnace 2.0 2.0 U ug/L EPA200.9 Rev2.2 9/7/16 ESTAFFORD1 7439-92-1 Pb by ICPMS 2.0 2.0 U ug/L EPA200.8 Rev5A 8/24116 ESTAFFORD1 7782-49-2 Se by ICPMS 1.0 1.0 U ug/L EPA200.8 Rev5.4 8/24/16 ESTAFFORD1 7440-24-6 Sr by ICPMS 10 260 ug/L EPA200.8 Rev5.4 8/23/16 ESTAFFORD1 7440-66-6 Zn by ICPMS 10 2000 ug/L EPA200.8 Rev5.4 8/24/16 ESTAFFORD1 WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Paae 1 of 1 /t ■. t R 0 L N ► ifff 0 L4,lk., 11-W-f-'e coml.m �n, U a Se Re .. ... . !r o�haal,#F►and arvte�s TEST RESUL wetl dater rnet federe�l driiafrs-wa�era�sdar �rr1 +1eY, ltr watersd c��^ mk�rr ;. ctflcix# ,wshr#g*elcartrn atlrig,and str€n bs .,mrrrr " I etrte art A ova m have tit er water=saivl1 resu to that arc not>4", itr<,t aecta rst rt tlt a rcp tt.; It; n f lo n se#I}staat s}, cme e : decal drtblcW,$wore:stand 0 , tlsc?!T ar l#na L car #Iated lte ltl: l el .`die t( c arr014 l ivy t€�rt f 'tt l#} Halt, rocothman s,Ahaf� Mlwefl.�s a tt€st.�Will �r�ris� �� (a c`�ooking,'up-h��.5'.�� #I#Sftill,`�,W$�0C tref��ttnent"��'Stir`rf�to,[eollttvg�t[1�+�#File,, �i, C��r�.�`f�':.�{� EiEf�'ik 5.�.G;'#�i br,�.iZ61��}.r. washlgjcleaning,.batliarrgarid;slioc�verxng tsri.theizr rgatrdccfi t �tr'suCs.attC9, setrrc l3ar�ua,�#mruiitt Cltrcmt Cat :er . Flu€sride t: a€i tt lv as se �ercur_,y Nttratell�lil to 1-5 mu a Sodium;levelse the t1FS;. nvitorimental Prateatckrt Agertay's II�h}ECealtl Adiscry level for sndrum ( IS �( aigf Thelrtharlia. ivuiri:of Pubt Heat Teen that only fndi #rtls; nr kzcrdum rstrcted dt "nt use tht ' ,�atr fir tlrii�lzingr cc�l:ng .It mad f€xsliitiglesrtr+ ,bathg. ri#l:;chawetxtg bs tits fh�t�tarel��: �nnl r��°ltsw b L el vek:3Q lax li csetr, ts such a bath taste, cEr §t4,iai+t preir� eta. 4.© Ke- ampr 9 0't c, Et loci moatl�s; Re-sample far leafl.aM/t draws S aminufe and M rr#innte sample insid6 the h ume(preferably the kttel►etr):arid'if possible",a fi t draw.5 friliit to and t-, itlit Cite s #i le at t vigil;heat!to deternn ne Ede scarce€f the read andl�r. cpperr ': 6. The ►lla%Fir�g sabstancels} xtecl fdraf drinking:wafer standa#tii"s Your ca can b used fi6r.cli`#tktng a �kitig vashing,elearring,lialh sng,a` d sh 10 lased on tl�e irrgr� ff ct�e 1��1 r�xuC s cxrt(y,but aesrthetic prabl� s s c(t as laid t € odor;r stainir taf p rcelai ,ems.rria oe cr c t r ant'tcr[rest lF,a,hc�i sett ld water`t mettt;swom ta-address aesti�ettc pxc�b�ec�� . ---- B gum at�iu� trzm llucrr�e� �r��r _ Ma .estctn _ ati w' eleiuna ilvec_ l #ne l=ar itenre tf �rrtr rtlart regtrrr )191 ►cur well water>results,.please aill the BOO 000#114 Divlslacr Of POO If Ookh Ol 919 07 99A Certified Mail# 7015 1520 0003 5463 1070 Return Receipt Requested October 5, 2016 Joey Davis, Town Manager Town of Tryon 301 North Trade Street Tryon NC 28782 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-PC-0506 Annual Report (2015) Review Inspection Permit No. WQ0004341 Land Application of Class B Residuals Polk County wear Permittee: The Annual Report Review inspection was conducted by Division of Water Resources staff from the Asheville Regional Office on September 29, 2016. This inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations specified in Non-discharge Permit No. WQ0004341. A summary of the findings and comments noted during the inspection are provided in the enclosed copy of the inspection report. The following violation(s) were noted during the review: Inspection Area Description of Violation Record Keeping Annual Land Application Field Summary Form: The wrong acreage was used to compute the Plant Available Nitrogen (PAN)for field #NC-PO-01-01. The correct acreage is 7.58 ac. Based on 7.58 ac., the PAN limit was exceeded. Permit Condition II.11. The Prior Years Cumulative Ibs/ac totals for heavy metals were not included for field #NC-PO-01-01 and therefore the Current Cumulative Ibs/ac totals for metals were not calculated correctly. Permit Condition II.6.a. The Annual Metals Field Loading Summary Form: The wrong acreage was used to calculate the Annual Heavy Metal Field Loadings for field #NC-PO-01-01. Therefore, the Annual Ibs/ac metal totals on the Annual Land Application Field Summary Form are incorrect. The correct acreage is 7.58 ac. Permit Condition II.6.a. State of North Carolina Environmental Quality I Water Resources 2090 U.S.Hwy.70 Swannanoa,North Carolina 28778 828 296 4500 Inspection Area Description of Violation Monitoring and Reporting The Annual Report was received in Raleigh on June 13, 2016. The Annual Report shall be submitted on or before March 1st. Permit Condition IV.11. _ In addition, the issues below must also be addressed: Compliance Issue(s): 1. The Annual Land Application Field Summary Form for Field NC-PO-01-01 (Town of Tryon) included the wrong Operator name. The crop #2 was listed as fescue, was there a crop #1? The Cation Exchange Capacity (non 503) section was filled in, this permit is not"non" 503. 2. The Annual Land Application Field Summary Form for Field NC-PO-02-01 (Clarence Henson) was labeled NC-PO-01-01 and included the wrong Operator name. The crop #2 was listed as fescue, was there a crop #1? The Cation Exchange Capacity (non 503) section was filled in, this permit is not"non"503. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Please respond in writing to this office within 30 days upon your receipt of this Notice of Violation regarding your plans or measures to be taken to address the indicated violations and other identified issues, if applicable. Please submit all corrected land application forms to the Asheville Regional Office. If you should have any questions, please do not hesitate to contact Beverly Price with the Water Quality Regional Operations Section in the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: Jared Hepler, ORC Southern Solutions Environmental LLC 389 Main Church Road Mocksville NC 27028 WQS Asheville Regional Office - Enforcement File Non-Discharge Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\Polk\Wastewater\Non-discharge\Town of Tryon\NOV-2016-PC-0506.rtf Compliance Inspection Report Permit: WQ0004341 Effective: 09/01/13 Expiration: 08/31/18 Owner: Town of Tryon SOC: Effective: Expiration: Facility: Town of Tryon Residuals Land Application Program County: Polk 1526 E Howard St Region: Asheville Tryon NC 28782 Contact Person: Gary Walker Title: Director Public Works Phone: 828-859-6654 Directions to Facility: From Asheville:Take 1-26 to Tryon Exit,go right at roundabout to Town of Tryon.Turn left at Scott's Ford across from Town Hall. Go straight for approximately 2 miles to gate. WWTP is at dead end. System Classifications: LA, Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): 24 hour contact name Jared Allen Hepler 336-399-8072 Related Permits: NCO021601 Town of Tryon-Tryon WWTP Inspection Date: 09/29/2016 Entry Time: 09:OOAM Exit Time: 10:OOAM Primary Inspector: Beverly Price ( P Phone: 828-296-4500 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Annual Report Review Permit Inspection Type: Land Application of Residual Solids(503) Facility Status: Compliant Not Compliant Question Areas: Miscellaneous Questions ® Record Keeping ■ Pathogen and Vector Attraction (See attachment summary) Page: 1 Permit: WQ0004341 Owner-Facility:Town of Tryon Inspection Date: 0 9/2 912 0 1 6 Inspection Type:Annual Report Review Reason for Visit: Routine Inspection Summary: The Annual Report Review was conducted by Beverly Price of the Asheville Regional Office. 51.31 dry tons of residuals were land applied to 2 permitted fields in 2015. TCLP/residuals analyses were conducted as required by the permit. The Ceiling Concentration and TCLP limits appear to be compliant with the permit limits. Pathogen and Vector Attraction Reduction(VAR)was accomplished using lime stabilization. Time,temperature and pH's were documented and appear to be compliant with permit requirements. The following issues were noted during the review: 1. The wrong acreage(9.5)was used to calculate the heavy metals totals on the Annual Metals Field Loading Summary Form for Field#NC-PO-01-01. The correct acreage is 7.58. 2. The wrong acreage was used to calculate the PAN value for Field#NC-PO-01-01. The correct acreage is 7.58. The PAN appears to have been over applied based on calculations using 9.5 acres. 3. The Prior Years Cumulative Ibs/acre metals totals were not included on the Annual Land Application Field Summary Form for Field#NC-PO-01-01. The Current Cumulative metals totals are therefore not correct. 4. The Annual Report was not submitted on time. It was date stamped June 13,2016; it was to be submitted on or before March 1st. In addition,the Annual Land Application Summary Forms listed the wrong operator,the crop was not recorded properly and the Cation Exchange Capacity(non 503)section was filled in;the permit is not"non"503. Page: 2 Permit: WQ0004341 Owner-Facility:Town of Tryon Inspection Date: 09/29/2016 Inspection Type:Annual Report Review Reason for Visit: Routine Pathogen and Vector Attraction Yes No NA NE a. Fecal coliform SM 9221 E(Class A or B) I,] ■ Class A,all test must be<1000 MPN/dry gram Geometric mean of 7 samples per monitoring period for class B<2.0"10E6 CFU/dry gram Fecal coliform SM 9222 D(Class B only) ❑ 0 ® p Geometric mean of 7 samples per monitoring period for class B<2.0"10E6 CFU/dry gram b. pH records for alkaline stabilization(Class A) ❑ ❑ c. pH records for alkaline stabilization(Class B) - ■ Temperature corrected d. Salmonella(Class A,all test must be<3MPN/4 gram day) 0 El On e. Time/Temp on: El 1:1 Digester(MCRT) ❑ ' Compost EJ Class A lime stabilization f. Volatile Solids Calculations El ❑ ® p g. Bench-top Aerobic/Anaerobic digestion results ❑ El ■ El Comment: Record Keeping Yes No NA NE Is GW monitoring being conducted,if required? [� Are GW samples from all MWs sampled for all required parameters? El [] El M Are there any GW quality violations? [] Is GW-59A certification form completed for facility? [� Is a copy of current permit on-site? Are current metals and nutrient analysis available? El ❑ ❑ ■ Are nutrient and metal loading calculating most limiting parameters? a. TCLP analysis? . ® � b. SSFA(Standard Soil Fertility Analysis)? 1:11:1 El Are PAN balances being maintained? 0 ® 1:1 ❑ Are PAN balances within permit limits? El ® p ❑ Has land application equipment been calibrated? El1:11:1 0 Are there pH records for alkaline stabilization? r Are there pH records for the land application site? ® � Are nutrient/crop removal practices in place? Page: 3 Permit: WQ0004341 Owner-Facility:Town of Tryon Inspection Date: 09/29/2016 Inspection Type:Annual Report Review Reason for Visit: Routine Record Keeping Yes No NA NE Do lab sheets support data reported on Residual Analysis Summary? ■ ❑ ❑ ❑ Are hauling records available? 0 ❑ ❑ ❑ Are hauling records maintained and up-to-date? N ❑ ❑ ❑ #Has permittee been free of public complaints in last 12 months? ❑ ❑ ❑ Has application occurred during Seasonal Restriction window? ❑ N ❑ ❑ Comment: Field NC-PO-01-01 (Town of Tryon) PAN was exceeded by approximately 3%. The incorrect acreage was used to calculate the PAN and metals totals. Field NC-PO-01-01: The Prior Years Cumulative Ibs/ac were not recorded on the Land Application Field Summary Form. The Current Cumulative Ibs/ac were incorrect. Tvpe Yes No NA NE Distribution and Marketing ❑ Land Application Page: 4 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary WaterResources S. JAY ZIMMER.MAN ENVIRONMENTAL QUALITY Director October 5, 2016 DWR#16-0758 Macon County Wayne G. Moss 641 Wiley Brown Road Franklin, NC 28734 Will Metcalfe, PWS Duke Energy Carolinas, LLC 526 South.Church Street Charlotte, NC 28202 Subject: REQUEST FOR ADDITIONAL INFORMATION Moss-Dowdle Mountain Access Culvert Project Dear Mr. Moss & Mr. Metcalfe: On September 14, 2016, the Division of Water Resources (Division) received your application dated August 2, 2016, requesting a 401 Water Quality Certification from the Division for the above referenced project. The Division has determined that your application is incomplete and cannot be processed.The application is on-hold until all of the following information is received: The plan proposes installation of two 52-foot long, 48-inch diameter, corrugated metal pipes set at the same elevation. Pease provide details on how you are going to maintain the physical integrity of the stream above and below the culverts. [15A NCAC 02H .0506(b)(2)] and/or provide alternate design options that will maintain the physical integrity of the stream system and eliminate over widening of the stream channel. 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 water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. A construction sequence and detail should be provided to ensure proper construction. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70 I Swannanoa,North Carolina 28778 828 296 4500 Moss-Dowdle Mountain Access Culvert Project Page 2 of � Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested information for the proper consideration of the application. If all of the requested information is not received in writing within 30 calendar days of receipt of this letter,the Division will be unable to approve the application and it will be returned. The return of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. Please respond in writing within 30 calendar days of receipt of this letter by sending three copies of all of the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Please be aware that you have no authorization under the Section 401 of the Clean Water Act/ Isolated Wetlands and Isolated Waters Rules/Buffer Rules for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code. Please contact Tim Fox at 828-296-4664 or tim.foxencdenr.gov if you have any questions or concerns. Sincerely, Za rice, P.E.,Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc: DWR ARO 401 files ec: David Brown, USACE Andrea Leslie, NCWRC Byron Hamstead, USFWS Stan Aiken, DEMLR DWR 401 & Buffer Permitting Unit G:\WR\WQ\Macon\40ls\Non-DOT\Moss McDowdle Mountain Access Culvert Project\ADDINF0.401 Moss-Dowdle 10-4-16.docx AM PAT MCCRORY Governor DONALD R. VAN DER VAART p: Secretary Water Resources ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN Director October 5, 2016 Bill Bass 240 Foxwood Drive Hendersonville, NC 28791 RE: Sample ID:AC31386&AC31446 Sample Location Address: 240 Foxwood Drive Henderson County Dear Mr. Bass, Please find attached the analytical results for water samples collected from your water supply well, at the address referenced above, on August 2, 2016. The decision to analyze your drinking water quality was largely based on the location of your well and its proximity to a former Henderson County solid waste landfill. The samples collected from your water supply well were analyzed for fecal coliform bacteria,total coliform bacteria, chloride, sulfate,nitrate,nitrite,volatile organic compounds, semi-volatile organic compounds, and various metals. The following table summarizes the attached analytical results (AC31386) for your water supply well. The results are shown in units of micrograms per liter of water (ug/1) and are approximately equivalent to parts per billion (ppb). USEPA Maximum NC Groundwater Concentration Detected Analytes Contaminate Level Standard In Your Drinking Water Concentration Units Concentration Units Concentration Units Barium 2,000 ppb 700 ppb 10 ppb Calcium 47,000 ppb Chloride 250,000 ppb 4,700 ppb Copper 1,300 ppb 1,000 ppb 15 ppb Magnesium 5,300 ppb Nitrate 10,000 ppb 10,000 ppb 830 ppb Potassium 2,400 ppb Sodium 90900 ppb Strontium 130 ppb Sulfate 250,000 ppb 9,200 ppb Zinc 1,000 ppb 16 ppb State of North Carolina(Environmental Quality I Water Resources 2090 U.S.Hwy.70,Swannanoa,North Carolina 28778 828-2964500 Bill Bass \ October 5,2016 Page 2 of 2 The following table summarizes the attached coliform bacteria results (AC31446) for your water supply well.The results are shown in colony forming units per 100 milliliters of water or CFU/100 ml. NC Groundwater Standard Concentration Detected in Analytes Your Drinking Water Concentration Units Concentration Units Total coliform bacteria 1 CFU 100 ml Not detected CFU 100 ml Fecal coliform bacteria 1 CFU 100 ml Not detected CFU 100 ml Volatile organic compounds, semi-volatile organic compounds, nitrite, and coliform bacteria were not detected in your drinking water supply at this time. Chloride,nitrate, sulfate, and a number of metals are present but their concentrations are below the applicable groundwater standards-. It is important to note that many of these constituents are fairly common for groundwater quality in western North Carolina. Because there are constituents present in your drinking water, a Health Risk Evaluation (HRE) was performed by North Carolina Department of Health and Human Services toxicologist, Kennedy Holt. The HRE,which is enclosed, indicates your water supply well may be used for all household uses including drinking, cooking,washing, cleaning,bathing, and showering. If you have questions concerning the Health Risk Evaluation, please contact Kennedy Holt at (919) 707-5910. If you have any additional questions or concerns, please contact me at (828) 296-4681 or brett.laverty@ncdenr.gov. Sincerely, Brett Laverty/ Water Qualm Regional Operations Ashe 111je-RegionalOffice Attachment: Health Risk Evaluations by Kennedy Holt DWR laboratory analytical results cc: ARO file Henderson County Health Department w/attachments North Carolina Division of Water Resources Water Sciences Section Laboratory Results 240 FOXWOOD DRIVE Sample ID: AC31386 HENDERSON Collector: B LAVERTY VisitlD PO Number# ,on: ARO Report To ARO Location ID: 1C45240FOX Date Received: 08/0412016 .<iver Basin Collect Date: 08/0212016 Priority ROUTINE Time Received: 08:30 Emergency Collect Time: 02_01 Sample Matrix: GROUNDWATER Labworks LoginlD TASCENZ01 COC Yes/No Sample Depth Loci Type: Water Supply Delivery Method NC Courier Final Report Date: 8124116 Report Print Date: . 09/29/2016 Final Report If this report is labeled preliminary report,'the results have not been validated. Do not use for Regulatory purposes. Result/ Units Method Analysis CAS# Analyte Name PQL Qualifier Reference Date Validated by LAB Sample temperature at receipt by lab 3.1 °C 8/4/16 MSwIFT NUT Nitrate as N in liquid 0.02 0.83 mg/L as N EPA 353.2 REV 2 8/17116 CGREEN Nitrite as N in liquid 0.01 0.01 U mg/L as N EPA 353.2 REV 2 8/4/16 CGREEN NO2+NO3 as N in liquid 0.02 0.83 mg/Las N EPA 353.2 REV 2 8116/16 CGREEN WET Bromide 0.4 0.4 U mg/L EPA 300.0 rev2.1 8/5/16 CGREEN Chloride 1.0 4.7 mg/L EPA300.0 rev2.1 8/5/16 CGREEN Fluoride 0.4 0.4 U mg/L EPA300.0 rev2.1 8/5/16 CGREEN Sulfate 2.0 9.2 mg/L EPA 300.0 rev2.1 8/5116 CGREEN MET 7440-22-4 Ag by ICPMS 1.0 1.0 U ug/L EPA200.8 Rev5A 8/9/16 ESTAFFORD1 7429-90-5 Al by ICP 50 50 U ug/L EPA 200.7 Rev4.4 8/12/16 ESTAFFORD1 7440-38-2 As by ICPMS 2.0 2.0 U ug/L EPA200.8 Rev5.4 8/15116 ESTAFFORD1 7440-38-3 Ba by ICP 10 10 ug/L EPA 200.7 Rev4A 8/12/16 ESTAFFORD1 r440-70-2 Ca by ICP 0.10 47 mg/L EPA 200.7 Rev4.4 8/12/16 ESTAFFORD1 r44043-9 Cd by ICPMS 0.50 0.50 U ug/L EPA200.8 Rev5.4 8/9/16 ESTAFFORD1 7440-48-4 Cobalt by ICP 50 50 U ug/L EPA 200.7 Rev4.4 8/12/16 ESTAFFORD1 ?440-47-3 Cr by ICPMS 5.0 5.0 U ug/L EPA 200.8 Rev5A 8/9/16 ESTAFFORD1 ?440-50-8 Cu by ICPMS 2.0 15 ug/L EPA200.8 Rev5.4 8/9/16 ESTAFFORD1 7439-89-6 Fe by ICP 50 50 U ug/L EPA 200.7 Rev4.4 8/12/16 ESTAFFORD1 1439-97-6 Hg 245.1 0.2 0.20 U ug/L EPA245.1 Rev3 8/17116 ESTAFFORD1 1440-09-7 K by ICP 0.10 2.4 mg/L EPA 200.7 Rev4.4 8/12/16 ESTAFFORD1 1439-95-4 ►fig by ICP 0.10 5.3 mg/L EPA 200.7 Rev4A 8/12/16 ESTAFFORD1 1439-M-5 Mn by ICP 10 10 U ug/L EPA 200.7 Rev4.4 8/12/16 ESTAFFORD1 '439-98-7 Mo by ICPMS 10 10 U ug/L EPA200.8 Rev5.4 8115116 ESTAFFORD1 '440-23-5 Na by ICP 0.10 9.9 mg/L EPA 200.7 Rev4.4 8/12/16 ESTAFFORD1 '440-02-0 Ni by ICPMS 2.0 2.0 U ug/L EPA200.8 Rev5A 8/9/16 ESTAFFORD1 '439-92-1 Pb by ICPMS 2.0 2.0 U ug/L EPA200.8 Rev5.4 8/9116 ESTAFFORD1 ....... Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 1 of 6 9VCOTOR Ga6oratory,Section12,esufts/SampfeComments/QyaCtfierDefinitions Sample ID: AC31386 CAS# Analyte Name PQL Result/ Method Analysis Qualifier Units Reference Date validated by 7782-49-2 Se by ICPMS 1.0 1.0 U ug/L EPA 200.8 Rev5.4 8/9/16 ESTAFFORD1 7440-24-6 Sr by ICPMS 10 130 ug/L EPA200.8 Rev5.4 8/15/16 ESTAFFORD1 7440-66-6 Zn by ICPMS 10 16 ug/L EPA200.8 Rev5.4 8/9/16 ESTAFFORD1 SEM Semivolatile Organics(BNAs)in liquid 83-32-9 Acenaphthene 10 Not detected µg/L EPA62518270D 8/12/16 GJOHNSON 208-96-8 Acenaphthylene 20 Not detected hg/L EPA625/8270D 8/12/16 CJOHNSON 62-53-3 Aniline 10 Not detected µg/L EPA625/8270D 8112116. CJOHNSON 120-12-7 Anthracene 20 Not detected µg/L EPA62518270D 8112116 CJOHNSON 56-55-3 Benzo(a)anthracene 20 Not detected µg/L EPA625/8270D 8/12116 CJOHNSON 50-32-8 Benzo(a)pyrene 10 Not detected µg/L EPA625/8270D 8/12/16 CJOHNSON 205-99-2 Benzo(b)fluoranthene 10 Not detected µg/L EPA625/8270D 8/12/16 CJOHNSON 191-24-2 Benzo(g,h,i)perylene 20 Not detected J2 µg/L EPA625/8270D 8/12/16 CJOHNSON 207-08-9 Benzo(k)fluoranthene 30 Not detected µg/L EPA625/8270D 8/12/16 GJOHNSON 85-85-0 Benzoic acid 50 Not detected µg/L EPA62518270D 8/12116 GJOHNSON 100-51-6 Benzyl alcohol 30 Not detected J2 µg/L EPA62518270D 8/12/16 CJOHNSON 111-91-1 Bis(2-chloroethoxy)methane 10 Not detected µg/L EPA625/8270D 8/12/16 CJOHNSON 111-44-4 Bis(2-chloroethyl)ether 10 Not detected µg/L EPA625/8270D 8/12116 CJOHNSON 39638-32-9 Bis(2-chloroisopropyl)ether 10 Not detected µg/L EPA625/82700 8/12/16 CJOHNSON--- 117-81-7 Bis(2-ethylhexyl)phthalate 30 Not detected µg/L EPA625/8270D 8/12/16 CJOHN90tV-- 101-55-3 Bromophenyl phenyl ether,4- 10 Not detected µg/L EPA625/8270D 8/12/16 CJOHNSON 55-68-7 Butylbenzyl phthalate 10 Not detected µg/L EPA625/8270D 8/12/16 CJOHNSON 59-50-7 Chioro-3-methyl phenol,4- 10 Not detected µg/L EPA62518270D 8/12/16 CJOHNSON 106-47-8 Chloroaniline,4- 10 Not detected ug/L EPA625/8270D 8/12/16 GJOHNSON 91-58-7 Chloronaphthalene, 2- 10 Not detected µg/L EPA625/8270D 8/12/16 CJOHNSON 95-57-8 Chlorophenol,2- 10 Not detected µg/L EPA625/8270D 8/12/16 CJOHNSON 7005-72-3 Chlorophenyl phenyl ether,4- 20 Not detected µg/L EPA62518270D 8112/16 CJOHNSON 218-01-9 Chrysene 20 Not detected µg/L EPA62518270D 8/12/16 CJOHNSON 53-70-3 Dibenzo(a,h)anthracene 20 Not detected µg/L EPA625/8270D 8/12116 CJOHNSON 132-64-9 Dlbenzofuran 20 Not detected µg/L EPA62518270D 8/12116 CJOHNSON 95-50-1 Dichlorobenzene, 1,2- 10 Not detected µg/L EPA62518270D 8112/16 CJOHNSON 541-73-1 Dichlorobenzene, 1,3 10 Not detected µg/L EPA62518270D 8/12/16 CJOHNSON 10646-7 Dichlorobenzene, 1,4- 10 Not detected µg/L EPA625/8270D 8/12/16 GJOHNSON 91-94-1 Dichlorobenzidine,3;3`- 30 Not detected µg/L EPA62518270D 8/12/16 CJOHNSON 120-83-2 Dichlorophenol,2,4- 10 Not detected µg/L EPA625/8270D 8/12116 CJOHNSON 34-66-2 Diethyl phthalate 20 Not detected µg/L EPA625/8270D 8/12/16 GJOHNSON 131-11-3 Dimethyl phthalate 10 Not detected µg/L EPA625/8270D 8/12/16 CJOHNSON 105-67-9 Dimethylphenol,2,4- 10 Not detected µg/L EPA62518270D 8112116 CJOHNSON 34-74-2 Di-n-butyl phthalate 20 Not detected µg/L EPA625/8270D 8/12/16 CJOHNSOW---, WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 2 of 6 IVC q)IVW,Laboratory Section 1psurts/,Sampre Comments/Qua!fier Definitions Sample ID: AC31386 E Analyte Name PQL Result/ Method Analysis Qualifier Units Reference Date Validated by 4-52-1 Dinitro-2-methyl phenol,4,6- 50 Not detected pg/L EPA625/8270D 8112/16 CJOHNSON 51-28-5 Dinitrophenol,2,4- 50 Not detected J2 pg/L EPA625/8270D 8/12116 CJOHNSON 121-14-2 Dinitrotoluene,2,4- 20 Not detected pg/L EPAQ2518270D 8/12/16 CJOHNSON i06-20-2 Dinitrotoluene,2,6- 10 Not detected pg/L EPA625/8270D 8/12116 CJOHNSON 117-84-0 Di-n-octyl phthalate 10 Not detected pg/L EPA625/8270D 8/12116 CJOHNSON 206-44-0 Fluoranthene 20 Not detected pg/L EPA62518270D 8112/16 CJOHNSON 36-73-7 Fluorene 20 Not detected pg/L EPA625/8270D 8/12116 CJOHNSON 118-74-1 Hexachlorobenzene 20 Not detected pg/L EPA62518270D 8112/16 CJOHNSON 17-68-3 Hexachlorobutadiene(SV) 10 Not detected pg/L EPA625/8270D 8112/16 CJOHNSON 7-47-4 Hexachlorocyclopentadiene 10 Not detected pg/L EPA625/8270D 8/12116 CJOHNSON ;7-72-1 Hexachloroethane 10 Not detected pg/L EPA625/8270D 8/12/16 CJOHNSON 93-39-5 Indeno(1,2,3-cd)pyrene 20 Not detected J2 pg/L EPA625/8270D 8/12/16 CJOHNSON '8-59-1 Isophorone 10 Not detected pg/L EPA62518270D 8/12116 CJOHNSON i1-57-6 Methylnaphthalene, 2- 10 Not detected pg/L EPA62518270D 8112/16 CJOHNSON 15-48-7 Methylphenol,2- 10 Not detected pg/L EPA62518270D 8112/16 CJOHNSON 06-44-5 Methylphenol,4- 10 Not detected pg/L EPA625/8270D 8/12/16 CJOHNSON i1-20-3 Naphthalene(SV) 10 Not detected pg/L EPA62518270D 8/12/16 CJOHNSON ;8-74-4 Nitroanlline,2- 10 Not detected pg/L EPA625/8270D 8/12/16 CJOHNSON 9-0`, Nitroanlline,3- 50 Not detected pg/L EPA62518270D 8/12/16 CJOHNSON i 00-G r-u' Nitroaniline,4- 50 Not detected pg/L EPA62518270D 8112/16 CJOHNSON 18-95-3 Nitrobenzene 10 Not detected pg/L EPA625/8270D 8/12116 CJOHNSON ;8-75-5 Nitrophenol,2- 10 Not detected pg/L EPA62518270D 8/12/16 CJOHNSON 00-02-7 Nitrophenol,4- 50 Not detected J2 pg/L EPA62518270D 8/12/16 CJOHNSON 21-64-7 N-nitrosodi-n-propylamine 10 Not detected pg/L EPA625/8270D 8/12/16 CJOHNSON '6-30-6 N-nitrosodiphenylamine 10 Not detected pg/L EPA62518270D 8/12/16 CJOHNSON 7-86-5 Pentachlorophenol 30 Not detected pg/L EPA625/8270D 8/12116 CJOHNSON 5-01-8 Phenanthrene 20 Not detected pg/L EPA625/8270D 8112116 CJOHNSON 08-95-2 Phenol 10 Not detected pg/L EPA625/8270D 8/12/16 CJOHNSON 29-00-0 Pyrene 20 Not detected pg/L EPA625/8270D 8/12/16 CJOHNSON 20-82-1 Trichlorobenzene, 1,2,4- 10 Not detected pg/L EPA625/82700 8/12/16 CJOHNSON ''5-95-4y Trlchlorophenol, 2,4,5- 10 Not detected pg/L EPA625/8270D 8/12116 CJOHNSON 8-06-2 Trichlorophenol,2,4,6- 10 Not detected pg/L EPA625/8270D 8/12/16 CJOHNSON VOL Volatile Organics in liquid 06-93-4 (EDB)1,2-Dibromoethane 1.0 Not detected pg/L LPA62418260C 8/5116 CJOHNSON 30-20-6 1,1,1,2-Tetrachloroethane 1.0 Not detected pg/L EPA624/8260C 8/5/16 CJOHNSON 1-55-6 1,1,1-Trichloroethane 1.0 Not detected pg/L EPA624/8260C 815/16 CJOHNSON '9-34-5 1,1,2,2-Tetrachloroethane 1.0 Not detected pg/L EPA624/8260C 8/5/16 CJOHNSON 9 0r` 1,1,2-Trichloroethane 1.0 Not detected pg/L EPA624/8260C 8/5/16 CJOHNSON WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 3 of 6 rVC 1nTOR LaGoratory Section R,esuCts/Sample Cornments/QuaCier Definitions Sample ID: AC31386 CAS# Analyte Name PQL Result/ Method Analysis Qualifier Units Reference Date validated by 75-34-3 1,1-Dichloroethane 1.0 Not detected pg/L EPA624/8260C 8/5/16 CJOHNSON 75-35-4 1,1-Dichloroethene 1.0 Not detected pg/L EPA624/8260C 8/5116 CJOHNSON 563-58-6 1,1-Dichloropropene 1.0 Not detected pg/L EPA624/8260C 8/5/16 CJOHNSON 87-61-6 1,2,3-Trichlorobenzene 1.0 Not detected pg/L EPA624/8260C 8/5/16 CJOHNSON 96-18-4 1,2,3-Trichloropropane 1.0 Not detected pg/L EPA624/8260C 8/5/16 CJOHNSON 120-82-1 1,2,4-Trichlorobenzene 1.0 Not detected pg/L EPA624/8260C 815/16 CJOHNSON 95-63-6 1,2,4-Trimethylbenzene 1.0 Not detected pg/L EPA624/8260C 8/5/16 CJOHNSON 96-12-8 1,2-Dibromo-3-Chloropropane 2.0 Not detected J2 pg/L EPA624/8260C 8/5116 GJOHNSON 107-06-2 1,2-Dichloroethane 1.0 Not detected pg/L EPA624/8260C 815116 CJOHNSON 78-87-5 1,2-Dichloropropane 1.0 Not detected pg/L EPA624/8260C 8/5116 CJOHNSON 108-67-8 1,3,5-Trimethylbenzene 1.0 Not detected pg/L EPA624/8260C 8/5116 CJOHNSON 142-28-9 1,3-Dichloropropane 1.0 Not detected pg/L EPA624/8260C 8/5/16 CJOHNSON 594-20-7 2,2-Dichloropropane 2.0 Not detected pg/L EPA624/8260C 8/5/16 CJOHNSON 95-49-8 2-Chlorotoluene 1.0 Not detected pg/L EPA624/8260C 815/16 CJOHNSON 106-43-4 4-Chlorotoluene 1.0 Not detected pg/L EPA62418260C 8/5/16 CJOHNSON 71-43-2 Benzene 1.0 Not detected pg/L EPA624/8260C 815/16 CJOHNSON 108-86-1 Bromobenzene 1.0 Not detected pg/L EPA624/8260C 8/5116 GJOHNSON 74-97-5 Bromochloronlethane 1.0 Not detected pg/L EPA624/8260C 8/5116 CJOHNSON 75-27-4 Bromodichloromethane 1,0 Not detected pg/L EPA62418260C 8/5116 GJOHNSONf 75-25-2 Bromoform 210 Not detected J2 pg/L EPA624/8260C 8/5116 CJOHNSON�,-J 74-83-9 Bromomethane 2.0 Not detected pg/L EPA624/8260C 8/5116 CJOHNSON 56-23-5 Carbon Tetrachloride 1.0 Not detected pg/L EPA624/8260C 8/5/16 CJOHNSON 108-90-7 Chlorobenzene 1.0 Not detected pg/L EPA62418260C 8/5/16 CJOHNSON 75-00-3 Chloroethane 2.0 Not detected pg/L EPA624/8260C 8/5/16 CJOHNSON 67-66-3 Chloroform 1.0 Not detected pg/L EPA624/8260C 8/5/16 GJOHNSON 74-87-3 Chloromethane 2.0 Not detected pg/L EPA624/8260C 815/16 CJOHNSON 156-59-2 cis-1,2-Dichloroethene 1.0 Not detected pg/L EPA624/8260C 815/16 CJOHNSON 10061-01-5 cis-1,3-Dichloropropene 2.0 Not detected pg/L EPA624/8260C 815/16 CJOHNSON 12448`1 Dibromochloromethane 2.0 Not detected pg/L EPA624/8260C 815116 CJOHNSON 74-95-3 Dibromomethane 1.0 Not detected pg/L EPA62418260C 815116 CJOHNSON 75-71-8 Dichlorodifluoromethane 2.0 Not detected pg/L EPA624/8260C 815/16 CJOHNSON 100-41-4 Ethylbenzene 1.0 Not detected pg/L EPA62418260C 8/5/16 CJOHNSON 87-68-3 Hexachlorobutadiene 1.0 Not detected pg/L EPA624/8260C 8/5/16 CJOHNSON 98-82-8 isopropylbenzene 1.0 Not detected pg/L EPA624/8260C 815/16 CJOHNSON 108-38-3 rn,p-Xylene 2.0 Not detected pg/L EPA624/8260C 8/5/16 CJOHNSON 541-73-1 m-Dichiorobenzene(1,3) 1.0 . Not detected pg/L EPA624/8260C 8/5/16 CJOHNSON 1634-04-4 Methyl Tert-Butyl Ether 1.0 Not detected pg/L EPA624/8260C 8/5/16 CJOHNSON 75-09-2 Methylene Chloride 1.0 Not detected pg/L EPA624/8260C 8/5/16 CJOHNSON 91-20-3 Naphthalene 2.0 Not detected pg/L EPA624/8260C 8/5/16 CJOHNSON,'-- J WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 4 of 6 AC(DTOW,La6oratory Section�X?suftsl5amp(e Comrnents/QuaCifierOefinitions Sample ID: AC31386 Analvte Name PQL Result/ Method Analysis.Qualifier Units Reference Date Validated by -51-8 n-Butylbenzene 1.0 Not detected Fig/L EPA62418260C 8/5/16 CJOHNSON 103-65-1 n-Ptopylbenzene 1.0 Not detected µg/L EPA624/8260C 8/5116 CJOHNSON )5-50-1 o-Dlchlorobenzene(1,2) 1.0 Not detected Ng/L EPA624/8260C 8/5/16 CJOHNSON )5-47-6 o-Xylene 1.0 Not detected p9/L EPA624/8260C 8/5116 CJOHNSON 106-46-7 p-Dichlorobenzene(1,4) 1.0 Not detected Ng/L EPA624/8260C 8/5/16 CJOHNSON )9-87-6 p-ISopropyltoluene 1.0 Not detected pg/L EPA624/8260C 8/5/16 CJOHNSON 135-98-8 Sec-Butylbenzene 1.0 Not detected pg/L EPA62418260C 8/5/16 CJOHNSON 10042-5 Styrene 1.0 Not detected pg/L EPA624/8260C 8/5/16 CJOHNSON i8-06-6 tert-Butylbenzene 1.0 Not detected Ng/L EPA624/8260C 8/5/16 CJOHNSON 27-18-4 Tetrachloroethene 1.0 Not detected Ng/L EPA624/8260C $15/16 CJOHNSON 08-88-3 Toluene 1.0 Not detected ug/L EPA624/8260C 8/5/16 CJOHNSON 56-60-5 trans-1,2-Dichloroethene 1.0 Not detected ug/L EPA624/8260C 8/5/16 CJOHNSON 0061-02-6 trans-1,3-Dichloropropene 2.0 Not detected J2 hg/L EPA624/8260C 8/5/16 CJOHNSON '9-01-6 Trichloroethene 1.0 Not detected hg/L EPA62418260C 8/5/16 CJOHNSON '5-69-4 Trichlorot1uoromethane 2.0 Not detected u9/L EPA624/8260C 8/5/16 CJOHNSON 5-01 4 Vinyl Chloride 2.0 Not detected hg/L EPA624/8260C 8/5/16 CJOHNSON Sample Comments VOL VOA-J2-estimated-3 analyte(s)failed<LCL in the CV2. SE!"�V-J2-estimated-5 analyte(s)failed<LCL in the CV2. r WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"Ll"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 5 of 6 9VC(n`lVR Laboratory,Section Resufts/,Sample Comments/Quatier(Definitions Sample ID: AC31386 CAS# Analyte Name PQL Result/ Method Analysis Qualifier Units Reference Date validated by NCDEQ-WSS-Chemistry Lab Data Qualifiers Al The reported value is an average,where at least one result is qualified with a"U".The PQL is used for the qualified result(S)to call B1 Coliform-Countable membranes with less than 20 colonies. Reported value is estimated or is a total of the counts on all filters repor B2 Coliform-Counts from all filters were zero.The value reported is based on the number of colonies per 100 ml that would have been B3 Coliform-Countable membranes with more than 60 or 80 colonies.The value reported is calculated using the count from the smalle B4 Coliform-Filters have counts of both>60 or 80 and<20, Reported value is estimated or is a total of the counts on all filters reported B5 Coliform-Too many colonies were present;too numerous to count(TNTC).TNTC is generally defined as>150 colonies. B6 Coliform-Estimated Value. Blank contamination evident. B7 Coliform-Many non-Coliform or non-enterococcus colonies or interfering non-Coliform or non-enterococcus growth present. In this cc BB1 MPN-No wells or tubes gave a positive reaction.Value based upon the appropriate MPN Index and reported as a less than"<"valu BB2 MPN-All wells or tubes gave positive reactions.Value based upon the MPN Index and reported as a greater than">"value. C Total residual chlorine was present in sample upon receipt in the laboratory;value is estimated. G1 BOD-The dissolved oxygen(DO)depletion of the dilution water blank exceeded 0.2 mg/L. G2 BOD-The bacterial seed controls did not meet the requirement of a DO depletion of at least 2.0 mg/L and/or a DO residual of at lea; G3 BOD-No sample dilution met the requirement of a DO depletion of at least 2.0 mg/L and/or a DO residual of at least 1.0 mg/L. G4 BOD-Evidence of toxicity.This is generally characterized by a significant increase in the BOD value as the sample concentration de G5 BOD-The glucose/glutamic acid standard exceeded the range of 198±30.5 mg/L. G6 BOD-The calculated seed correction exceeded the range of 0.6 to 1.0 mg/L. G7 BOD-Less than 1 mg/L DO remained for all dilutions set.The reported value is an estimated greater than value and is calculated foi G8 BOD-Oxygen usage is less than 2 mg/L for all dilutions set.The reported value is an estirated less than value and is calculated for G9 BOD-The DO depletion of the dilution water blank produced a negative value. J1 Surrogate recovery limits have been exceeded. J2 The reported value failed to meet the established quality control criteria for either precision or accuracy. J3 The sample matrix interfered with the ability to make any accurate determination. J4 The data is questionable because of improper laboratory or field protocols(e.g., composite sample was collected instead of grab, p J5 Temperature limits exceeded(samples frozen or>6°C)during transport or not verifiable(e.g., no temperature blank provided): non- J6 The laboratory analysis was from an unpreserved or improperly chemically preserved sample.The data may not be accurate. J7 This qualifier is used to identify analyte concentration exceeding the upper calibration range of the analytical instrument/method.Th J8 Temperature limits exceeded (samples frozen or>6°C)during storage,the data may not be accurate. J9 The reported value is determined by a one-point estimation rather than against a regression equation.The estimated concentration J10 Unidentified peak; estimated value. ill The reported value is determined by a one-point estimation rather than against a regression equation.The estimated concentration J12 The calibration verification did not meet the calibration acceptance criterion for field parameters. M Sample and duplicate results are`but of control".The sample is non-homogenous(e.g., VOA soil).The reported value is the lower Nl Presumptive evidence and estimated value.The component has been tentatively identified base on mass spectral library. N2 There is an indication that the analyte is present, but quality control requirements for confirmation were not met(i.e., presence of c N3 This code shall be used if the level is too low to permit accurate quantification, but the estimated concentration is less than the labo N4 This code shall be used if the level is too low to permit accurate quantification, but the estimated concentration is less than the labo N5 The component has been tentatively identified based on a retention time standard. Ql Holding time exceeded prior to receipt by lab. Q2 Holding time exceeded following receipt by lab. P Elevated PQL*due to matrix interference and/or sample dilution. S Not enough sample provided to prepare and/or analyze a method-required matrix spike(MS)and/or matrix spike duplicate(MSD). U Indicates that the analyte was analyzed for but not detected above the reported practical quantitation limit*.The number value repo X1 Sample not screened for this compound. X2 Sampled, but analysis lost or not performed-field error. X3 Sampled, but analysis lost or not performed-lab error. V Indicates the analyte was detected in both the sample and the associated method blank. Note:The value in the blank shall not be s Y Elevated PQL*due to insufficient sample size. Z1 Inability to analyze the sample, Z2 Questions concerning data reliability. WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 6 of 6 North Carolina Division of Water Resources Water Sciences Section Laboratory Results Bill Bass 240 FOXWOOD DRIVE Hendersonville NC Sample ID: A_C31446 HENDERSON Collector: B LAVERTY VisitlD PO Number# AIRO ,,on: ARO Report To ARO Location ID: 1C45240FOX Date Received: 08/02/2016 ,<iver Basin Collect Date: 08/02/2016 Priority ROUTINE Time Received: 15:40 Emergency Collect Time: 14_01 Sample Matrix: GROUNDWATER Labworks LoginlD KdIMISON2 COC Yes/No Sample Depth Loc.Type: Water Supply Delivery Method Hand delivered Final Report Date: 9/23116 Report Print Date: 09/29/2016 Final Report If this report is labeled preliminary report, the results have not been validated. Do not use for Regulatory purposes. Result/ Method Analysis CAS# Analvte Name PQL Qualifier Units Reference Date Validated by ARO Coliform, MF Fecal in liquid 1 1 B2 CFU/100ml APHA9222D-20th 8/2/16 ESTAFFORD1 Coliform, MF Total in liquid 1 1 132 CFU/100ml APHA922213-20th 8/2/16 ESTAFFORD1 Sample temperature at receipt by lab 5.0 °C 8/2/16 RBYRD WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 1 of 1 r VrIva , W nfb m a ME 'ne tapa :e., -e and Us R, mendat rfmanf utnarr aarvTeg Fw mo tic CheMIC91 tort&r ihois +Cou* dr lazes gam ie. , kev`iewer .. APR TEST 1 SLIl T ANI ��f�Mlkil -ATTQ�IS Y for well cater meets federat drinking water standards far ltrorgarrte ccuwcat� 3lour water.can be'used fvr drinking,eoolitig washing,ele -ring,bathEng,;and shaweritag based on the.lrrorrttc Qn You may have other water St1� ling muits th€t are n taw Wa " rn this repciz , s fal�ix7g sul tanee s exceeded fcde; l tiri tilling writer Star lards or the North Ca nna caloulared he#it iaveis.i f� � r arc t r ;l en ?ub'ic exit r mmen&that ypur t el:water dot b-used£�r driri afid cvakirig dniess you rust ll,a water eatmant s tstert o;re�r ovs tY,e itcla€l s 6starrce s},Ho+vever,it may be uaed for washing,dtean%n ,bathtrt aid shcwerz bs €ir kie rrrvrarrticrl`rc�s�rl ! t ,epic l3a!iCrtrt Cadmtm. Chcdn►ium +� er, liuoride dead Fror� Mai anew. M�rcu:._ Nitrate strife Seieneum: 841ver hrfa nas gat zinc H 3. a. Sodiuua levels aaceed the�S• P-000nrnental Proteotion,Agency's(ttSE�'A�Health Advise[eves for sodiuu�of i rng%l, The North Carolina D.viston, of 0440 Health recc:i3mendsvthat€aril}inOi ideals on n6 or sow srrd at restricted dints not use this:water for drinking or cooking.. It tna be:trsed fo w sht t .Meaning,bathing,and SiirYwertog based on tl�e 1>�i� r�f�cisc�ttrlrrr!'�� r b.Levels over rW rtt pose aesthetic o btcrws such as ba taste;odors staining of��sre I in,etc:-. 4. �e�sarnpiirtg,is di n oaths, 5.- Re-sample for to and Ior ctspper Take a first draw,S minute and lS minute sample inside the house(preferably file kttGhen}and.if pcsssible a First draw-,5 ntirittte ariii.a IS rni tttt sample a�t:theF-wall head to deternarne the source cif the lead and/Qrcopper 6.[ The following suEtstanceFs}exceeded federal drit king water standatds: Your water can be,usedfor drinking, cooking,;vvashing cleaning,,bathing,andshe ing based on the err ,MOM#fr0-1 cat r�esufts a�tadv,but esx t etio prdbte s such: bad taste,;odor,staining of porcelain etc.may occur,: You may want o tl a hctnsehold water treattnent;system tci`adcitsaosthotic pr�b�e�ns:; --. Barium Cade i�irnt Chro itim � tot rr trot i Eh esiur Man suese Selenium ;Silver fo rztrrre trfornuttion regartding,yout wdf water results,please carff the Nvrtls Cardina Uiwsion of Pubtic,Health at 9t9-707 59".; I 'If4 `1f11+ ti t � ilii�C $CIt '11+ llaCl11` !5$St PM`l1a $ O � 'C` �rga� tc C�emica�s Fc�ra�ndn wt$ -� North Cnt llna o: cr patiarrai end i nr raftluafita i�'id 'I i3,r r Ci -0igol Nr.A0100ttai x0 Get"etia�t c i! k! ?Q7R59ga Naet _ Counter ampte X004ti10000'n.013011410ra �faral t t n a►;n Xuur fr vAtr Welt VOW Your well waker was iaiaratory teatd figrr cherrrlcai �aritarnir�ants. �rinking watsr m. ay contain cirrticaE conarnlnanks.whtck�cats occur naturaiy n "6a°Introduced"Intt water"Imm man a s�aur ` ( cheml als ottnd ire,your well we"re IM-N, t�ced from man-made sgttrces. Io order tip evacuate your fabar�t�ry results for-shoo cal o'Or4t8Mltta"U."Your water_resulks were errs aired"tb fire lratiotra!ptftttary drfrtl�F1.n vuater standards vr"M'aX-tm cor►tatnlrlant I@Yet( ,5} S8$tnroi}slta car ttasl er each Mt;L:at " :. t Nt�LS are rlatlet�airdrink#ng water standar&. t#�at.are r Ir P." 1 vrere Gortrp beh + riP 'a GvroOe tha .adto.kheNo o2 ltrl sVa5tr,it?if`e + rti n€t a�raithF ,yr grater ref►" a�tttdards teca►m►tecltfons for Case$:cif Ypur Prtve W.etl ' tr "l cottcentratto-s ognd ! your v�rell grater de"ot'e;ceed tire'rac mtneoded SPA levels fforth> care�Ilnaroprsdwater� trrds..Thcreiore ypur water�d he used for flitiI6I1T€�t cdk#ngr di-ye'sr b4thltl%,or �Ck'i�,`4it�,�'[ItC�t+: � _ Gontamlrten'tconcentratloos found In your Well water are higher ihar:the EPA,recornm#tided levels for drlqktn9,anct cooking. These contarnWats Include Your Drell water slt6.uW not 6s used fur-drinking ow Okto . Tf ycru have.Ise+sn drtnkfnp, rhea t�lE wa r�rr�d AM pregnimmt;nursing, or!�a®,re a�htld'anttsr Ye40 Of eqe, Inforrrr �eu'r pt�ystcCan of the t`esui[ts: laecamse'ef the:low telrets,some OSOMIIM 01thoo ctten*�lo is Is extseot�d: , it ctekla thro,114 nt exposure to Water Tke eforeE iimlt llowarin urn bethtng tltate to less that to nertes �ecauss trf the.ItEgit.IeveCs�absorptott of thaw cherntldais could e± ur thr+ + gh hitao AM and expoosure"to ,rater 1apor. Therefore, llrhlt sh:owerin;9 and hat ilrtg Came to tgss irh e a rntnutee ' ecase.of the verb hlit IeveEs, aigniflcettt aiprptitt of these chatriicals coup oocur through !"tact ekin and exposure"v water Vapor: Therefore,,this grater «. ihould net a creed for Showering and ls*to You" may went to purchase a water treatment.devi6e dr,IN a nett wen that Is distantly located from the lgrotm w2*contamir!atlort W hailed wm*t or connect to a p{ahlfr<�r�ater supply,: Resamp tnq is,recoMm0nde0 (r". months Othiat"Comm- nts t E 4 k e szs Ike ul.t ecan�� cnda6, ns.. E r cow�qk Nal f'�Eft RvviewDate. XP: -� rZevicewer. Initial Sample [°I C—onfifiliatory SfimPe FITZ . Local f4ealth 0 parrtment Telephone: E [;s,caffembacterts gars found 16 mt watar. �to�tf t.t et,Jr A trs jar elf rit=tic s,t:ti Jft tt Q i[titt rr,,eta t€�vt t i itbi ct frtrJ►t ,MIN tI art SIFnttre WIS 141. That cttlite hecterta were detected to'th+e sampte which fndiaat'es trait harntluT ttac#aria tram.hunnert.ar an brat sfe5fn .�,r aautttentar#h�urtett. o fret:ttse fite rt?ttfer tray tt+1xR itt ti i r ErGI ttJ,rR,ttniess it 1irt;Gott t rtr lfi Im tfr t'all oflttrt~ ptFrpo$a including.wasiting dkiftes,,,Gatiling,or shozverittg< Esl: Yaw watt water°deeds io W ra-sam test result is socurata Ora problem has been resolved.; (e�1'� t=ecal cbtdarrtr t�acteria+iuere detected In ttie sampM�, l.�tt Ettit;tk*�Cf�+=rtr'Er't rEl':"Ett7#K!+€,,.i.��.kt'rt�=xt��'ES.°It��fkf,.sfR.2•,ctif#`t tit;,Er attt}t#`�i lrt�. YaFFr'It�6'i tEEafCt'tt�a9 t`S Cif Ut'Gtt7JU tCtt EE ttf#FtttEftl ttfS fQfRf CttJE Qk7tFlritCJ 1'Ca GttiCJQrttt tlt f4'f'IEt•: ho iatr f tix4'tt"G't'ak?,fly Tt�(gfiBYf,L't'lE t FfFk'ttt rf�P sfaatlertt�� tf tlri'ec•srttrtrt tt s nrtt+rauftutFiitratit Cz�caltjurrtr Irrtef rJa,,rattft cf €�ttt faertt tic ff t rfc�iva�fttntrf.jar rtssr�taticr. Thehetiiq'G 'ttrohtittt ri tf i thi CD1tStF tEGt€oirEF rJiG tttE' r tits srt &€tt��titfEr ytre FTC ty,<it".fJ 'Yriftr�tt 4rf 1i*vrtJP� JtL�t'CJi 11a.(}Kid �t rE:N�Ca'd tr ai-1t"r f lit-r�JF kpadtm t4iow:?tt etatrtt'at tttr f4`ltefi:txtriire ft irrvtrttrttt aoitft Exit EtWI Erw p,�iE�gttitlttatce in ftoFtk lei€Errrkrt t.fin,problertr, Tofrtt.Eolijorita;trttcfei is are futtttEf tit:sill It f ecru€Est,at'ttr 110d h Ftnfifjttd itt t�trtittttt atrct ftti unto ttr sus.,Tot l co[t�nt!Ott~�ecnt cq(if#ptt Feitr:frrrn,iEf tir�t' itraf i rtta ittitfcttte tlartf tlt4Y aE titttar ftr#z>t strtFclttr f PrEtGtt rFe :ttr tJtaf fltE a It tt5rr tort Jtrti JtExrhf tiisiitfc�cfcdv fj#y©tt lttt*1Ivet drh*(ifg ttnlf ttw r 4114 twe preRtFttaf,ttttrsie t lttta ettifri ill tltt~ltottschold trader 5 ttr cs j a�� of itttrrtrtFtvice iFtitFtitttised(sttc{t rt n+ tttrtlKffitjCfl tt+lk �u rt.ftrttEt'rr.ltwlttftf.,tJt.F�ttsr Ett tF)kSyTtC7J J rEtFEtEr G+ ttSitE;�(it#t'!tt c7f kkt:fir+' t lE�7 u�fft£'Si rt'tlt+ 3f y1'rtt".t=. f kt,''f, if the ert.moori tt i0ir ctttttiuuc�s,yeti=l -Id tttt figtrfe tit;jv.4,{rlJifrltt(t#rdMtg 4 new rtteff or italafl tt 1ttEirtf ikE cttfY�tfi+tttfCGtr"drr ttttrf'zult c}t crttt ttse its,Ftifrttriote f liftt;or'o rttrtt�. -- Rout r#�ett tE ati'r,atrtyfitrg is rte titttttt t rGrct etiurff year j'ot°trttGt8ritl ntrrt ttitratt' . 5atop �ftrttr:t�tlt Ft+ltt!tt tt[et R is a krtetttrtt ptoGtEttt or-cm m itatiotr 41, ,yrixtrtrt�a,afar t'e�nit'„a's•�JaPaec'rtt��ut of�o#tt tt�t�l,rirr�ft�r�a,fte�t�itirri�rzu<trt< rittr,hirtltcrrttformatiott'-Con tart Your ittcafart tlft.tfcyrtF~tFttctrf, tit ut e<t}lscetn ieTs2t?t#; W#11 Safety.F�kt�hadc�F%�uta4ishc�ttlt.Gtca�n�t,E�4'rthsFneEsttit et.1;trztt- `,..\ ��\ �`� l �� lid, 0 "uitws CERTIFIED MAIL #: 7015 1520 0003 5463 1100 RETURN RECEIPT REQUESTED October 05, 2016 _Thomas E Hartye, PE Metropolitan Sewerage District of Buncombe County North Carolina 2028 Riverside Dr. Asheville, NC 28804-3054 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-DV-0296 Sanitary Sewer Overflows - September 2016 Collection System Permit No. WQCS00004 MSD Buncombe County Collection System Buncombe County �Uear Perm.ittee: The self-reported Sanitary Sewer Overflow (SSO) 5-Day Report submitted by Metropolitan Sewerage District of Buncombe County North Carolina indicates violations of permit conditions stipulated in the subject permit and North Carolina G.S. 143-215.1. Violations include failing to effectively manage, maintain, and operate the subject collection system so that there is no SSO to the land or surface waters and making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required. Specific incident(s) cited in the subject report include the following: Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 201601529 9/9/2016 120 209 W Charleston Ave Pipe Failure(Break) 800 800 Notice of Violation Remedial actions, if not already implemented, should be taken to correct the above noncompliance. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you have any questions, please do not hesitate to contact Linda Wiggs with the Water Quality Section ins,,, Asheville Regional. Office at 828-296-4500 or via email at linda.wiggs@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: Asheville Regional Office Central Files, Water Quality Section G:\WR\WQ\Buncombe\Collection Systems\MSD Collection System WQCS00004\SSO's\NOV-2016-DV-0296.9-9-2016SSO.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 �sr95reF• t: Certified Mail # 7015.1520 0003 5463 1094 Return Receipt Reduested October 05, 2016 Ed Burchins,Town Administrator Town of Andrews PO Box 1210 Andrews, NC 28901 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-PC-0508 Permit No. NCO069892 Andrews WTP Cherokee County Dear Permittee: The North Carolina Division of Water Resources conducted an inspection of the Andrews WTP on September 26, 2016. This inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations specified in NPDES WW Permit No. NC0069892. A summary of the findings and comments noted during the inspection are provided in the enclosed copy of the inspection report. The Complaint inspection was conducted by Division of Water Resources staff from the Asheville Regional Office. The following violation(s) were noted during the inspection: Inspection Area Description of Violation Effluent Pipe White-grey deposition, a very low pH and an excessive brown coating on the rocks were documented at the effluent flow confluence with the receiving stream. Upstream/ Downstream Non-compliant instream standards documented; 15A NCAC 0213.0211 (1), (2), (8), (12), (14). Sampling Secondary Clarifier Slight scum/foam layer present. Floating sludge apparent. Operations &Maintenance Staff stated the basins solids level was 3.5-4.5'. pH was 3.5 s.u. State of North Carolina Environmental Quality I Water Resources 2090 U.S. 70 jjl9bway,Swannanoa l c zs��8 828-296-4500 Remedial actions should have already been taken to correct this problem and prevent further occurrences in the` future. The Division of Water Resources may pursue enforcement action for this and any additional violations o{ _. State law. To prevent further action, please respond in writing to this office within 15 days upon your receipt of this Notice of Violation regarding your plans or measures to be taken to address the indicated violations and other identified issues, if applicable. If you should have any questions, please do not hesitate to contact Linda Wiggs with the Water Quality Regional Operations Section in the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office NPDES Compliance/Enforcement Unit G:\WR\WQ\Cherokee\Wastewater\Municipal\Andrews Water Plant 69892\NOV-2016-PC-0508.pH incident.docx 2090 U.S.70 Highway,Swanna Quality a,N I28778 Resources 828-296-4500 State of North Carolina Department of Environmental Quality Division of Water Resources Water Quality Permitting Regional Staff Report October 5, 2016 To: DWR Water Quality Permitting_Section Central Office Application No.: WQ0002052 Attn: Tessa Monday Regional Login No.: From: Bev Price Asheville Regional Office I. GENERAL SITE VISIT INFORMATION I. Was a site visit conducted? ®Yes or❑No Compliance Inspection a. Date of site visit: 3/23/2016 b. Site visit conducted by: Bev Price c. Inspection report attached? ®Yes or❑No d. Person contacted: Greg Marana,Engineering Services Leader and their contact information: (828)247-4313 e. Driving directions: I-40 East to Exit 86(Hwy.226). Go approximately 18 miles south on Hwy 226 to Milliken- Golden Valle Plant on the left. PROPOSED FACILITIES FOR NEW AND MODIFICATION APPLICATIONS 1. Facility Classification:_ (Please attach completed rating sheet to be attached to issued permit) 2. Are the new treatment facilities adequate for the type of waste and disposal system? ❑Yes or❑No If no, explain: 3. Are site conditions(soils, depth to water table, etc)consistent with the submitted reports? ❑ Yes ❑No ❑N/A If no,please explain: 4. Do the plans and site map represent the actual site(property lines,wells,etc.)? ❑ Yes ❑No ❑N/A If no,please explain: 5. Is the proposed residuals management plan adequate? ❑ Yes ❑No ❑N/A If no,please explain: 6. Are the proposed application rates(e.g.,hydraulic,nutrient)acceptable? ❑Yes ❑No ❑N/A If no,please explain: 7. Are there any setback conflicts for proposed treatment, storage and disposal sites? ❑Yes or❑No If yes,attach a map showing conflict areas. 8. Is the proposed or existing groundwater monitoring program adequate? ❑Yes ❑No ❑N/A If no, explain and recommend any changes to the groundwater monitoring program: 9. For residuals,will seasonal or other restrictions be required? ❑Yes ❑No ❑N/A If yes, attach list of sites with restrictions(Certification B) FORM:APSRSR 04-10 Page 1 of 4 III.EXISTING FACILITIES FOR MODIFICATION AND RENEWAL APPLICATIONS 1. Are there appropriately certified Operators in Charge(ORCs) for the facility? ® Yes ❑No ❑N/A ORC: Mike Fortenberry Certificate#:SI 27004 Backup ORC: Robert Grayson Certificate#:SI 14861 - 2. Are the design,maintenance and operation of the treatment facilities adequate for the type of waste and disposal system? ®Yes or❑No If no,please explain: 3. Are the site conditions(e.g., soils,topography, depth to water table, etc)maintained appropriately and adequately assimilating the waste? ® Yes or❑No If no,please explain: 4. Has the site changed in any way that may affect the permit(e.g., drainage added,new wells inside the compliance boundary,new development, etc.)? ❑Yes or®No If yes, please explain: 5. Is the residuals management plan adequate? ®Yes or❑No If no,please explain: 6. Are the existing application rates(e.g., hydraulic,nutrient)still acceptable? ® Yes or❑No If no,please explain: 7. Is the existing groundwater monitoring program adequate? ® Yes❑No ❑N/A If no,explain and recommend any changes to the groundwater monitoring program: 8. Are there any setback conflicts for existing treatment, storage and disposal sites? ® Yes or ❑ No If yes,attach a map showing conflict areas. Sometime around 2002,a small mobile home park was installed adjacent to the north side of the spray field. This occurred after the spray field was established As a result the site map submitted with the renewal package shows habitable residences are less than 400 feet from the irrigation area. Property lines are less than 150 feet from the irrigation site. This permit was originally issued prior to the buffer requirements listed in the current permit. 9. Is the description of the facilities as written in the existing permit correct? ❑Yes or®No If no,please explain: The permit description says approximately 12.25 acres of spray irrigation area. The map shows irrigation areas equal to 5.97 acres. The acreage difference is a result of removing 4 sprayheads due to the close proximity of the mobile home park referenced above. To date there are no apparent loading or application problems as a result of the reduction in acreage.Also,the site map( Sheet One of Two&Two of Two)shows irrigation areas totaling 5.97 acres while the individual(2.65 ac.,2.65 ac.&2.91 ac.)totals equal 8.21 acres. The discrepancy appears to be with the sprahead(showing 2.65 acres)located to the left of Monitoring Well#2. 10. Were monitoring wells properly constructed and located? Z Yes ❑No ❑N/A If no,please explain: 11. Are the monitoring well coordinates correct in BIMS? ®Yes ❑No ❑N/A If no,please complete the following(ex and table if necessary): Monitoring Well Latitude Longitude O / II O I l/ O I /l O l 11 O r // O I 11 O l 11 O l II O I 11 O l // 12. Has a review of all self-monitoring data been conducted(e.g.,NDMR,NDAR, GW)? ®Yes or❑No Please summarize any findings resulting from this review: FORM:APSRSR 04-10 Page 2 of 4 Are there any permit changes needed in order to address ongoing BIMS violations? ❑Yes or Z No If yes,please explain: 14. Check all that apply: Z No compliance issues ❑ Current enforcement action(s) ❑ Currently under JOC ❑Notice(s)of violation ❑ Currently under SOC ❑ Currently under moratorium Please explain and attach any documents that may help clarify answer/comments(i.e.,NOV,NOD, etc.) 15. Have all compliance dates/conditions in the existing permit been satisfied? ® Yes ❑No ❑N/A If no,please explain: 16. Are there any issues related to compliance/enforcement that should be resolved before issuing this permit? ❑ Yes ®No ❑N/A If yes, please explain: IV. REGIONAL OFFICE RECOMMENDATIONS 1. Do you foresee any problems with issuance/renewal of this permit? ❑ Yes or®No If yes,please explain: 2. List any items that you would like APS Central Office to obtain through an additional information request: Item Reason Site map with corrected Total Spray acres are shown as 5.97 ac. Individual spray zones/areas are shown spray acreage =8.2lac. See#9 above. 3. List specific permit conditions recommended to be removed from the permit when issued: Condition Reason 111I.6. It is recommended that waste application equipment be tested and calibrated once per permit cycle rather than once per year as currently required. 4. List specific special conditions or compliance schedules recommended to be included in the permit when issued: Condition Reason 5. Recommendation: ❑ Hold,pending receipt and review of additional information by regional office ® Hold,pending review of draft permit by regional office ❑ Issue upon receipt of needed additional information ❑ Issue ❑ Deny(Please state reasons: ) 4 6. Signature of report preparer: Signature of APS regional supervisor: Date: (0 - '. ADDITIONAL REGIONAL STAFF REVIEW ITEMS The permittee requested a reduction in pH monitoring to once per month. According to the February 9, 2016 Monitoring Guidance(for Domestic not Industrial)pH monitoring can be Weekly for Lagoon systems with weekly ORC visits. FORM:APSRSR 04-10 Page 3 of 4 FORM:APSRSR 04-10 Page 4 of 4 Compliance Inspection Report Permit: WQ0002052 Effective: 04/07/08 Expiration: 03/31/17 Owner: Milliken and Co SOC: Effective: Expiration: Facility: Milliken Incorporated-Golden Valley County: Rutherford PO Box 1926 M-482 Region: Asheville Spartanburg SC 29304 Contact Person: Lee Slusher Title: Sr.Environmental Engineer Phone: 864-503-1844 Directions to Facility: From Asheville: Take 1-40 East to Exit 86(Hwy.226). Travel approximately 18 miles on Hwy.226 south to Milliken-Golden Valley Plant located on the left. System Classifications: SI, Primary ORC: Michael D Fortenberry Certification: 27004 Phone: 828-247-4300 Secondary ORC(s): Robert C Grayson 14861 828-247-4300 On-Site Representative(s): On-site representative Greg Marana 828-247-4313 On-site representative Michael D Fortenbeny 828-247-4300 On-site representative Barbara Warlick 828-247-4300 Related Permits: Inspection Date: 03/23/2016 Entry Time: 01:30PM Exit Time: 03:30PM Primary Inspector: Beverly Price Phone: 828-296-4500 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Wastewater Irrigation Facility Status: ® Compliant ❑ Not Compliant Question Areas: ® Treatment Flow Measurement-Effluent ■ Treatment Flow Measurement-Influent ® Miscellaneous Questions ® Treatment Flow Measurement-Water ■ Treatment Record Keeping Use Records Treatment Lagoons . End Use-Irrigation . Treatment Flow Measurement Storage (See attachment summary) Page: 1 Permit: WQ0002052 Owner-Facility:Milliken and Co Inspection Date: 03/23/2016 Inspection Type:Compliance Evaluation Reason for Visit: Routine Inspection Summary.- The inspection was conducted by Bev Price of the Asheville Regional Office. Greg Marana, Mike Fortenberry and Barbara Warlick from Milliken assisted with the inspection. Barbara Warlick has taken the spray irrigation class and upon certification will be the primary spray irrigation operator. The influent flow meters were calibrated on 11/16/15 by Clearwater, Inc. The Ultrasonic 4210 had a 2%error;the Bubbler 4230 had 0%error. The effluent(to the spray field)flow meters were calibrated by NIAGRA Meters on 6/17/14 (placed in service 3/22/15)and 9/3/15(placed in service 3121/16). Both meters were within tolerance limits. The November 2015 NDMR was reviewed for accuracy. The April 2015 GW-59 was reviewed for accuracy. Soils analysis: 8/26/15 pH 6.0 The spray field is cut and baled for hay usually twice per year. Irrigation was occurring at the time of inspection. Muskrats are active on the dam of the irrigation pond;traps have been set. There were no noticable wet spots on the dam. Juncus grass which is indicative of wet conditions was observed on the dam. The dam should continue to be monitored for wet areas as they have been observed in the past. One effluent pump motor was replaced 1/25/16. The second effluent pump motor was refurbished(seals replaced, new bearings)and will be installed next week. Reminders: Permit renewal due 9/30/16 Spray irrigation equipment calibration The facility is well maintained and operated. Page: 2 Permit: WQ0002052 Owner-Facility:Milliken and Co Inspection Date: 03/23/2016 Inspection Type:Compliance Evaluation Reason for Visit: Routine Record Keeping Yes No NA NE Is effluent sampled for same parameters as GW? ❑ ® ❑ ❑ Do effluent concentrations exceed GW standards? ® ❑ ❑ ❑ Are annual soil reports available? ® ❑ ❑ ❑ #Are PAN records required? ❑ ® ❑ ❑ #Did last soil report indicate a need for lime? ❑ ® ❑ ❑ If so,has it been applied? ❑ ❑ ® ❑ Are operational logs present? ® ❑ ❑ ❑ Are lab sheets available for review? ® ❑ ❑ ❑ Do lab sheets support data reported on NDMR? ® ❑ ❑ ❑ Do lab sheets support data reported on GW-59s? ® ❑ ❑ ❑ Are Operational and Maintenance records present? ® ❑ ❑ ❑ Were Operational and Maintenance records complete? ® ❑ ❑ ❑ Has permittee been free of public complaints in last 12 months? ® ❑ ❑ ❑ Is a copy of the SOC readily available? ❑ ❑ ® ❑ No treatment units bypassed since last inspection? ® ❑ ❑ ❑ Comment: Effluent sampling does not require volatile organic compounds analysis. PAN records are not required. The soils analysis did not indicate the need for lime application. Treatment Yes No NA NE Are Treatment facilities consistent with those outlined in the current permit? ■ ❑ ❑ ❑ Do all treatment units appear to be operational?(if no,note below.) ® ❑ ❑ ❑ Comment: Treatment Flow Measurement-Effluent Yes No NA NE Is flowmeter calibrated annually? 0 ❑ ❑ ❑ Is flowmeter operating properly? e ❑ ❑ ❑ Does flowmetermonitor continuously? E ❑ ❑ ❑ Does flowmeter record flow? ❑ N ❑ ❑ Does flowmeter appear to monitor accurately? ■ ❑ ❑ ❑ Comment: No chart recorder for this meter. Treatment Flow Measurement-Influent Yes No NA NE Page: 4 Permit: WQ0002052 Owner-Facility:Milliken and Cc Inspection Date: 03/23/2016 Inspection Type:Compliance Evaluation Reason for Visit: Routine End Use-Irrigation Yes No NA NE Are buffers adequate? ® � Is the cover crop type specified in permit? ® � Is the crop cover acceptable? ® El ❑ Is the site condition adequate? ® ❑ El 0 Is the site free of runoff/ponding? ® � Is the acreage specified in the permit being utilized? ® p Is the application equipment present? ® p 0 Is the application equipment operational? ® p El El Is the disposal field free of limiting slopes? Is access restricted and/or signs posted during active site use? ® n Are any supply wells within the CB? ® � Are any supply wells within 250' of the CB? How close is the closest water supply well? ® 1:1 El Is municipal water available in the area? ® El ❑ #Info only:Does the permit call for monitoring wells? ® ❑ Are GW monitoring wells located properly w/respect to RB and CB? El Are GW monitoring wells properly constructed,including screened interval? Are monitoring wells damaged? Comment: The crop type is not specified in the permit. The crop type is fescue. The permitted acreage is approximately 12.25 acres. Only 5.97 acres are irrigated due to the proximity of a moblie home park to the spray field. 5.97 acres are used in the calculations on Form NDAR-1. Record Keepinq Yes No NA NE Is a copy of current permit available? ® 0 ❑ Are monitoring reports present: NDMR? ■ ❑ El n NDAR? Are flow rates less than of permitted flow? ■ El El 0 Are flow rates less than of permitted flow? Are application rates adhered to? Is GW monitoring being conducted,if required(GW-59s submitted)? N El El 0 Are all samples analyzed for all required parameters? e El El n Are there any 2L GW quality violations? El 0 Is GW-59A certification form completed for facility? Page: 3 Permit: WQ0002052 Owner-Facility:Milliken and Co Inspection Date: 03/23/2016 Inspection Type:Compliance Evaluation Reason for Visit: Routine 001 - Treatment Lagoons Yes No NA NE Baffles/curtains ❑ ❑ ® ❑ Freeboard Marker 0 ❑ ❑ ❑ Required freeboard 2 Feet Actual freeboard 3.4 Feet Are increments clearly marked on gauge at adequate intervals? ❑ ❑ ❑ Has the water level gauge been surveyed w/respect to lowest point on dike?wall? ® ❑ ❑ ❑ No Evidence of overflow N ❑ ❑ ❑ Acceptable color ® ❑ ❑ ❑ Floating mats ❑ ❑ ® ❑ Excessive solids buildup ❑ ❑ ❑ Aerators/mixers ❑ ❑ ■ ❑ Effluent structure ❑ ❑ ❑ Lagoon cover ❑ ❑ ® ❑ Page: 6 Permit: WQ0002052 Owner-Facility:Milliken and Co Inspection Date: 0 312 3/2 0 1 6 Inspection Type:Compliance Evaluation Reason for Visit: Routine Treatment Flow Measurement-Influent Yes No NA NE Is flowmeter calibrated annually? ® p El El Is flowmeter operating properly? ■ ❑ El EJ Does flowmeter monitor continuously? 0 El El ❑ Does flowmeter record flow? ■ Does flowmeter appear to monitor accurately? ® p ❑ Comment: Treatment Flow Measurement-Water Use Records Yes No NA NE Is water use metered? Are the daily average values properly calculated? ■ Comment: Type Yes No NA NE Single Family Spray,LR El Infiltration System Reuse(Quality) Activated Sludge Spray, HR Activated Sludge Spray,LR EJ Activated Sludge Drip,LR Recycle/Reuse Single Family Drip Lagoon Spray,LR 001 - Treatment Lagoons Yes No NA NE Lagoon Type None Primary/Secondary Primary Influent structure 0 El El EJ Banks/berms(seepage and erosion) ❑ ❑ Vegetation(excessive vegetation on banks/berms) ❑ Liner Liner Type Unknown LJ Page: 5 State of North Carolina Department of Environmental Quality Division of Water Resources ,f WATER QUALITY REGIONAL OPERATIONS SECTION .. NON-DISCHARGE APPLICATION REVIEW REQUEST FORM 3lvislon of Meter Resources September 2, 2016 To: ARO-WQROS. Landon Davidson/;;Zan Price From: Tessa Monday, Water Quality Permitting Section-Non-Discharge Permitting Unit Permit Number: WQ0002052 Permit Type: Wastewater Irrigation Applicant: Milliken&Company Project Type: Renewal Owner Type: Organization Owner in BIMS?Yes Facility Name: Golden Vally Plant facility in RIMS?Yes Signature Authority: Mike McDonough Title: Division Vice President Address:. 2080 NC 226,Bostic;North.Carolina 28018 County: Rutherford Fee Category: Non-Discharge Major Fee Amount: $0 -7omments/Other Information: Please contact Tessa regarding a site.visit. Attached, you will find all information submitted in support of the above-referenced application for your review, comment, and/or action. Within 45 calendar days,please take the following actions: Return this form completed. ® Return a completed staff report. ❑ Attach an Attachment B for Certification. ❑ Issue an Attachment B Certification. When you receive this request form,please write your name and dates in the spaces below,make a copy of this sheet, and return it to the appropriate Central Office Water Quality Permitting Section contact person listed above. RO WQRO5 Reviewer: �!ltiC� Date: P� + CEI VE esourM SEP 7 201 �Natar�9�.a)Yity pegkkIna9 0t)eratlC n8 k FORM: WQRCSNDARR 09-I5 Page I of I r PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director October 6, 2016 Sandra Phillips Unimin Corporation PO Box 588 Spruce Pine,NC 28777 SUBJECT: Compliance Evaluation Inspection Crystal Operation Permit No: NCO084620 Mitchell County Dear Ms. Phillips: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on - September 20, 2016. The facility appeared to be in compliance with permit NC0084620, however there are - items that need your attention. Please refer to the enclosed inspection report for important observations and comments. If you or your staff have any questions,please call me at 828-296-4500. Sincerely, Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enc.Inspection Report cc: Daniel Garland,ORC(e-copy) MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\Mitchell\Wastewater\Industrial\Unimin Crystal 84620\CEI 9-20-2016.Ltr.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70 Swamanoa,NC 28778 828 296 4500 United States Environmental Protection Agency Form Approved. Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-96 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 u 2 u 3 ' NCO084620 I11 121 16/09/20 17 18 1 r,i 191 G 1 201 211111 1 1 I I I I II 11I I I I I I I I I I I III I I I I I I III I I III f6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----------------------Reserved------------------ 67 70 71 I 72 I-ti 73 I 74 751 I ( I801 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 oermit Number) 10:OOAM 16/09/20 12/06/01 Crystal Operation Exit Time/Date Permit Expiration Date 300 Crystal Dr 02:OOPM 16/09/20 16/02/29 Spruce Pine NC 28777 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Karl Kuchta,PO Box 588 Spruce Pine NC 287770588//828-765-4283/ Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) ® Permit ® Flow Measurement ® Operations&Maintenance ® 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 Linda S Wiggs' " o' ARO WQ//828-296-4500 Ext.4653/ Signature C�ana ent Q A Reviewer Agency/Office/Phone and Fax Numbers Date avM�, EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# NPDES yr/mo/day Inspection Type (Cont.) 1 31 NC0084620 I11 12 16/09/20 17 18 1,1 Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Present during all or part of the inspection were Unimin staff Daniel Garland, Andy Green, Sandra Phillips and DWR staff Mikal Willmer. The facility was not in operation (processing) at the time of the inspection. There are 3 tanks associated with this WWTP: they are not used for EQ; they are mix/reactor tanks. These appeared to be the initial components of the wastewater system. Two of the tanks were full, the third was empty. The clarifier was half full. We visited 3 lagoon structures on this property associated with processing operations; all are lined. The largest was described as an intake water storage structure. The small and medium sized lagoons were described as Emergency Ponds (E-Ponds) associated with the wastewater system. The small lagoon, which is closest to the plant, did not have lines, drains, plumbing structures delineated. It is unclear what water can be delivered to this E-pond. There was water flowing into this small lagoon (E-Pond) at the time of the inspection, but it was unclear where it was coming from. Discussions with Unimin staff, Sandra Phillips and Brian Preston, indicated the water being delivered to the pond was from a ground water remediation area and from the WWTP discharge which was due to a leak in need of repair. The discharge from the WWTP (a leak into the clarifier trough from the mix/reactor tank and into weir box)was observed. This small lagoon (E-Pond) also has a riser that could discharge to a Tributary to Grassy Creek. Staining on the lining indicated the water had reached a level fairly close to the top of the riser. A discharge from the riser would be considered Bypassing Treatment Facilities (Part II, Section C 4.). As noted above and throughout this facility inspection, unidentified or unknown water flows were prevalent; most drains and plumbing structures observed were not delineated. Investigation and delineation of all water flows is needed. It is not uncommon for old industrial sites to be faced with this challenge. Over the years original Engineer plans go missing, staff with historic knowledge retire, maintenance activities redirect/alter structures and corrosion destroys any labeling that may have existed, etc. Page# 2 Permit: NCO084620 Owner-Facility: Crystal Operation Inspection Date: 09/20/2016 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? M ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable 0 ❑ ❑ ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: This processing facility is currently not in operation. PH and fluoride probes are in several locations of the WW system. 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 ❑ ❑ ❑ Is access to the plant site restricted to the general public? ® ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? 0 ❑ ❑ ❑ Comment: This permit expired at the end of February 2016 and to date it has not been assigned a permit writer. The WWTP components listed in the current permit need to be updated and more specific. Equalization Basins Yes No NA NE Is the basin aerated? ® ❑ ❑ ❑ Is the basin free of bypass lines or structures to the natural environment? ❑ ® ❑ ❑ Is the basin free of excessive grease? ❑ ❑ ® ❑ Are all pumps present? ❑ ❑ ® ❑ Are all pumps operable? ❑ ❑ ® ❑ Are float controls operable? ❑ ❑ ® ❑ Are audible and visual alarms operable? ❑ ❑ ® ❑ #Is basin size/volume adequate? ❑ ❑ ❑ Comment: There are 3 tanks associated with this WWTP: they are not used for EQ; they are mix/reactor tanks These appeared to be the initial components of the wastewater system. Two of the tanks were full the third was empty. Not just at these tanks but throughout this facility most of lines drains and plumbing structures observed were not delineated. See summary. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ❑ ❑ ❑ Page# 3 Permit: NC0084620 Owner-Facility: Crystal Operation Inspection Date: 0 9/2 012 0 1 6 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE 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'/4 of the sidewall depth) ❑ ❑ ❑ Comment: The facility is not in operation. The clarifier was half full. Lagoons Yes No NA NE Type of lagoons? #Number of lagoons in operation at time of visit? 3 Are lagoons operated in? #Is a re-circulation line present? ❑ ❑ ■ ❑ Is lagoon free of excessive floating materials? ® ❑ ❑ .❑ #Are baffles between ponds or effluent baffles adjustable? ❑ ❑ ® ❑ Are dike slopes clear of woody vegetation? ® ❑ ❑ ❑ Are weeds controlled around the edge of the lagoon? ® ❑ ❑ ❑ Are dikes free of seepage? ❑ ❑ ❑ Are dikes free of erosion? ❑ ❑ ❑ Are dikes free of burrowing animals? ❑ ❑ ❑ #Has the sludge blanket in the lagoon (s) been measured periodically in multiple ❑ ❑ ❑ locations? #If excessive algae is present, has barley straw been used to help control the growth? ❑ ❑ ® ❑ Is the lagoon surface free of weeds? ® ❑ ❑ ❑ Is the lagoon free of short circuiting? ❑ ❑ ❑ Page# 4 Permit: N00084620 Owner-Facility: Crystal Operation Inspection Date: 09/20/2016 Inspection Type: Compliance Evaluation Lagoons Yes No NA NE Comment: We visited 3 lagoon structures on this property associated with processing operations all are lined. The largest was described as an intake water storage structure. The small and medium sized lagoons were described as Emergency Ponds(E-Ponds) associated with the wastewater system The small lagoon which is closest to the plant did not have lines, drains plumbing structures delineated. It is unclear what water can be delivered to this E-pond. See summary. Flow Measurement- Effluent Yes No NA NE #Is flow meter used for reporting? N ❑ ❑ ❑ Is flow meter calibrated annually? 0 ❑ ❑ ❑ Is the flow meter operational? M ❑ ❑ ❑ (If units are separated) Does the chart recorder match the flow meter? 0 ❑ ❑ ❑ Comment: On 1/29/2016 Clear Water calibrated the flow meter. 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? El ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ® ❑ Comment: Plant growth needs to be removed to allow for access to the discharge pipe in the river. Page# 5 .. \\_.. 'J _.. A14 E F T- R North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary October 6, 2016 Robert A. Frye,Jr.,Town Manager Town of Highlands PO Box 460 Highlands, NC,28741 Subject: Permit No. WQ0038786 Town of Highlands Big Bear Pen Road Wastewater Collection System.Extension Permit Macon County Dear Mr. Frye: in accordance with your application received September 22,2016,we are forwarding herewith Permit No. WQ0038786 dated October 6,2016,to Town of Highlands(Permittee)for the construction and operation upon certification of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded;and shall be subjectto the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition 11.1: This permit shall not be automatically transferable; a request must be made and approved. Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. It shall be responsibility of the Permittee to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. If any parts, requirements,or limitations contained in this permit are unacceptable,you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition,conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made,this permit shall be final and binding. 2090 U.S.70 Highway,Swannanoa,NC 28778 Phone:828-296-4500\Internet:www.ncwatergualitV.org An Eaual Oonortunity\Affirmative Action Emnlover—Made in nart by recvrled naner Town of Highlands Permit No.WQ0038787 If you need additional information concerning this matter, please contact Tim Heim at(828)296-4665 or via e-mail at Tim,Heim@ncdenr.gov. Sincerely, for S.Jay Zimmerman,Acting Director Division of Water Resources, NCDENR G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ cc: William A. Stillwell, P.E. —Stillwell Engineering, PA(electronic copy) Alec Templeton,ORC-Town of Highlands WWTP Asheville Regional Office Files Water Resources Central Files PERCS(electronic copy) G:\WR\WQ\Macon\Collection Systems\Highlands Collection System\WQCS0038786 Big Bear Pen Road.docx ` Page 2 of 8 A &Z RA i NCDENR STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,and other applicable Laws, Rules, and Regulations, permission is hereby granted to Town of Highlands Macon County for the construction and operation of approximately 80 linear feet of 8-inch gravity sewer to serve five three-bedroom homes as part of the Big Bear Pen Road project, and the discharge of 1,800 gallons per day of collected domestic,wastewater into the Town of Highland's existing sewerage system, pursuant to the application received September 22,2016, and inconformity 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. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. for Thomas A. Reeder, Director Division of Water Resources, NCDENR By Authority of The Environmental Management Commission Permit Number: WQ0038786 Permit Issued: October 6,2016 Page 3 of 8 SUPPLEMENT TO PERMIT COVER SHEET Name of Applicant is hereby authorized to: Construct,and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the Town of Highlands Wastewater Treatment Facility in accordance with Permit Number NC0021407. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T, the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable;and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions identified below. I. STANDARD CONDITIONS 1. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. [15A NCAC 02T.0104;G.S 143-215.1(d3)] 2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable;and other supporting materials unless specifically mentioned herein. [15A NCAC 02T.0110] 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. [15A NCAC 02T.0110] 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required,the following performance criteria shall be met: [15A NCAC 02T.0108(b)]: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. Page 4 of 8 c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day(i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute§143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means'for inspections of the grease interceptors,enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems,the Grease Control Program shall include at least bi- annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs(a)through(i)of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. 5. The Permittee shall report by telephone to a water resources staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure,due to known or unknown reasons,that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any SSO and/or spill over 1,000 gallons; or c. Any SSO and/or spill, regardless of volume,that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Page 5 of 8 Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form CS-SSO(or the most current Division approved form)can also be completed to show that the SSO was beyond control. [G.S. 143-215.1C(a1)] 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. [15A NCAC 02T.0108(b)] 7. Upon completion of construction and prior to operation of these permitted facilities,the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is. fully executed and the supporting documents are provided as applicable. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. If the permit is issued to a private entity with an Operational Agreement,then a copy of the Articles of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: a. One copy of the project construction record drawings(plan&profile views of sewer lines&force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc. b. One copy of the supporting applicable design calculations including.pipe and pump sizing,velocity, pump cycle times, and level control settings, pump station buoyancy, wet well storage, surge protection, detention time in the wet well, and force main, ability to flush low points in force mains with a pump cycle,and downstream sewer capacity analysis. If a portable power source or pump is dedicated to multiple stations, an evaluation of all the pump stations'storage capacities and the rotation schedule of the portable power source or pump,include travel'timeframes,shall be provided. c. Changes to the project that do not result in non-compliance with this permit, regulations,or the Minimum Design Criteria should be clearly identified on the record drawings,on the certification in the space provided, or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non-compliance with this permit (including pipe length increases of 10% or greater, increased flow, pump station design capacity design increases of 5%or greater, and increases in the number/type of connections), regulations, or the Minimum Design Criteria. Requested modifications or.variances to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during Page 6 of 8 the permitting process prior to construction. After-construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification & activation. [15A NCAC 02T.0116] 8. Gravity sewers installed greater than ten percent below the minimum required slope perthe Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined, a slope variance can be requested from the Division with firm supporting documentation. This shall be done through a permit modification with fee. Such variance requests will be evaluated on a case-by-case basis.Resolution of such request shall be evident prior to completing and submitting the construction certification. [ 15A NCAC 02T.0105(n)] 9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. [15A NCAC 02T.0116] 10. Failure to abide by the conditions and limitations contained in this permit;15A NCAC 2T;the Division's Gravity Sewer Design Criteria adopted February 12,1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities,and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. [15A NCAC 02T.0104; 15A NCAC 02T .0108(b-c)] 11. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions,the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. [15A NCAC 02T.0110; 15A NCAC 02T.0108(b)] 12. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations,or ordinances that may be imposed bythe Division any other Federal,State,or Local government agencies which have jurisdiction or obtaining other permits which maybe required by the Division or any other Federal,State,of Local government agencies. [G.S. 143-215.1(b)] Page 7 of 8 FAST TRACK SEWER ENGINEERING CERTIFICATION PERMITTEE: TOWN OF HIGHLANDS PERMIT#: WQ0038786 PROJECT: BIG BEAR PEN ROAD ISSUE DATE: October 6, 2016 This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the Division has received this Certification and all required supporting documentation. It should be submitted in a manner that documents the Division's receipt. Send the required documentation the Regional Supervisor, Water Quality Regional Operations Section at the address at the bottom. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up until a final certification is received. A Final Certification shall be a complete set of record drawings and design calculations regardless of whether partials have been submitted. PERMITTEE'S CERTIFICATION I,the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name,Title Signature Date ENGINEERS CERTIFICATION as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the Big Bear Pen Development and location as referenced above for the above Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Resources' (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1,2000 as applicable;and other supporting materials. :........................................................................... North Carolina Professional Engineer's Seal w/signature &date: ❑ Final ❑ Partial (include description) ............................................................................ Certification Comments/Qualifiers(attach if necessary): J NC DWR—Water Quality Regional Operations Section 2090 U.S.70 Highway,Swannanoa, NC 28778 Asheville Regional Office Phone: (828)-296-4500 FAX: (828)-299-7043 State of North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Permitting Regional Staff Report October 6,2016 To: DWR Water Quality Permitting Section Central Office Application No.: WO0037555 Attn: Tessa Monday Regional Login No.: From: Bev Price Asheville Regional Office - I. GENERAL SITE VISIT INFORMATION 1. Was a site visit conducted?®Yes or❑No a. Date of site visit: 3/2/15 b. Site visit conducted by: Bev Price,Brett Laverty,Jeff Menzel,Tim Heim c. Inspection report attached? ®Yes or❑No The original Staff Report is attached. d. Person contacted: Robert Burgin,P.E. and their contact information: (803)730-9976 e. Driving directions: From the intersection of Hwy. 107 and Hwy 64 in Cashiers: go north on Hwy. 107 to N. Norton Rd on left Continue to Fenley Forest Trail on right WWTP is approximately l mile on the right. The High Rate Infiltration Basin site is located off N.Norton Rd. across from New Trillium Way. 1I. PROPOSED FACILITIES FOR NEW AND MODIFICATION APPLICATIONS 1. Facility Classification: (Please attach completed rating sheet to be attached to issued permit)Not Classified in RIMS 2. Are the new treatment facilities adequate for the type of waste and disposal system? N Yes or❑No If no, explain: 3. Are site conditions(soils, depth to water table,etc)consistent with the submitted reports? ®Yes❑No ❑N/A If no,please explain: 4. Do the plans and site map represent the actual site(property lines,wells,etc.)? ®Yes ❑No ❑N%A If no,please explain: 5. Is the proposed residuals management plan adequate? ®Yes❑No ❑N/A If no,please explain: 6. Are the proposed application rates(e.g., hydraulic,nutrient)acceptable? ®Yes ❑No ❑N/A If no,please explain: 7. Are there any setback conflicts for proposed treatment, storage and disposal sites? ❑Yes or®No If yes,attach a map showing conflict areas. 8. Is the proposed or existing groundwater monitoring program adequate? ® Yes ❑No ❑N/A If no, explain and recommend any changes to the groundwater monitoring program: See comments under Additional Regional Staff Review Items - 9. For residuals,will seasonal or other restrictions be required? ❑ Yes❑No ®N/A If yes, attach list of sites with restrictions(Certification B) FORM:APSRSR 04-10 Pagel of 3 M.EXISTING FACILITIES FOR MODIFICATION AND RENEWAL APPLICATIONS 1. Are there appropriately certified Operators in Charge(ORCs)for the facility? ❑ Yes ❑No ❑N/A ORC: Certificate#: Backup ORC: Certificate#: 2. Are the design,maintenance and operation of the treatment facilities adequate for the type of waste and disposal system? ❑Yes or❑No If no,please explain: 3. Are the site conditions (e.g., soils,topography, depth to water table, etc)maintained appropriately and adequately El the waste? Yes or No If no,please explain: 4. Has the site changed in any way that may affect the permit(e.g., drainage added, new wells inside the compliance boundary,new development, etc.)? ❑Yes or❑No If yes,please explain: 5. Is the residuals management plan adequate? ❑Yes or❑No If no,please explain: 6. Are the existing application rates(e.g.,hydraulic,nutrient)still acceptable?❑Yes or❑No If no,please explain: 7. Is the existing groundwater monitoring program adequate? ❑ Yes ❑No ❑N/A If no, explain and recommend any changes to the groundwater monitoring program: 8. Are there any setback conflicts for existing treatment, storage and disposal sites? ❑ Yes or❑No If yes, attach a map showing conflict areas. 9. Is the description of the facilities as written in the existing permit correct? ❑ Yes or❑No If no,please explain: 10. Were monitoring wells properly constructed and located? ❑Yes ❑No ❑N/A If no, please explain: '' 11. Are the monitoring well coordinates correct in BIMS? ❑Yes ❑No ❑N/A If no, please complete the following(expand table if necessary): Monitoring Well Latitude Longitude O r rr O r it O r it O r It O r it O r rr O r if O r rr O r it O r if 12. Has a review of all self-monitoring data been conducted(e.g.,NDMR,NDAR, GW)? ❑Yes or❑No Please summarize any findings resulting from this review: 13. Are there any permit changes needed in order to address ongoing BIMS violations? ❑ Yes or❑No If yes,please explain: 14. Check all that apply: ❑No compliance issues ❑ Current enforcement action(s) ❑ Currently under JOC ❑Notice(s)of violation ❑ Currently under SOC ❑ Currently under moratorium Please explain and attach any documents that may help clarify answer/comments(i.e.,NOV,NOD,etc.) 15. Have all compliance dates/conditions in the existing permit been satisfied? ❑ Yes.❑No ❑N/A If no,please explain: 16. Are there any issues related to compliance/enforcement that should be resolved before issuing this permit? ❑Yes ❑No ❑N/A If yes,please explain: FORM:APSRSR 04-10 Page 2 of 3 ,ZONAL OFFICE RECOMMENDATIONS Do you foresee any problems with issuance/renewal of this permit? ❑Yes or®No If yes,please explain: 2. List any items that you would like APS Central Office to obtain through an additional information request: Item Reason 3. List specific permit conditions recommended to be removed from the permit when issued: Condition Reason 4. List specific special conditions or compliance schedules recommended to be included in the permit when issued: Condition Reason 5. Recommendation: ❑Hold,pending receipt and review of additional information by regional office ® Hold,pending review of draft permit by regional office ❑ Issue upon receipt of needed additional information ❑ Issue ❑Deny(Please state reasons: ) 6. Signature of report preparers .MCA Signature of APS regional supervis Date: kc . , V. ADDITIONAL REGIONAL STAFF REVIEW ITEMS A request(via e-mail on 9/29/16)was made by Burgin Engineering,Inc.to eliminate down gradient monitoring well #1 (MW#1)due to the difficulty in accessing the site. The ARO is not in favor of eliminating MW#1. The permit was issued June 23,2016. The ARO does not object to the modification request to delete one high rate infiltration basin and expand the remaining basin to allow for better basin slope stability. The modification was the result of the Slope Stability Analysis by Kessel Engineering Group,PLLC for Basin C. FORM:APSRSR 04-10 Page 3 of 3 State of North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Permitting Regional Staff Report March 9,2015 To: DWR Water Qua1fty Permitting Section Central Office Application No.: U0037555 Attn: Chonticha McDaniel Regional Login No.: From: Bev Price Asheville Regional Office I. GENERAL SITE VISIT INFORMATION 1. Was a site visit conducted?N Yes or[1 No a. Date of site visit: 3/2/15 b. Site visit conducted by: Bev Price,Brett Laverty,Jeff Menzel,Tim Reim c. Inspection report attached? ®Yes or❑No d. Person contacted: Robert Burgin,P.E. and their contact information: (803)730-9976 e. Driving directions: From the intersection of Hwy. 107 and Hwy 64 in Cashiers: o north on Hy 107 to N. Norton Rd on left Continue to Fenley Forest Trail on right,WWTP is approximately 1 mile on the right. The High Rate Infiltration Basin site is located off N Norton Rd across from New Trillium Way. H. PROPOSED FACILITIES FOR NEW AND MODIFICATION APPLICATIONS 1. Facility Classification: (Please attach completed rating sheet to be attached to issued permit) 2. Are the new treatment facilities adequate for the type ofwaste and disposal system?[Yes or®No If no, explain: See additional information request items 3. Are site conditions(soils,depth to water table,etc)consistent with the submitted reports? ❑Yes M No 0 N/A If no please explain: See additional information request items. 4. Do the plans and site map represent the actual site(property lines,wells,etc.)? M Yes❑No❑N/A If no,please explain:. 5. Is the proposed residuals management plan adequate? ❑Yes N No❑N/A If no,please explain: See additional information request items 6. Are the proposed application rates(e.g.,hydraulic,nutrient)acceptable? M Yes ❑No ❑N/A If no,please explain: Provided all soils and geotechnical engineering additional information is addressed. . 7. Are there any setback conflicts for proposed treatment,storage and disposal sites? ❑Yes or N No If yes,attach a map showing conflict areas. 8: Is the proposed or existing groundwater monitoring program adequate? M Yes ❑No[]N/A If no,explain and recommend any changes to the groundwater monitoring program: 9. For residuals,will seasonal or other restrictions be required? n- Yes[]No N N/A If yes,attach list of sites with restrictions(Certification B) FORM:APSRSR 04-10 Paget of 5 III.EXISTING FACILITIES FOR MODIFICATION AND RENEWAL APPLICATIONS 1. Are there appropriately certified Operators in Charge(ORCs)for the facility?❑Yes❑No❑N/A ORC: Certificate#: Backup ORC: Certificate#: 2. Are the design,maintenance and operation of the treatment facilities adequate for the type of waste and disposal system? ❑Yes or❑No If no,please explain: 3. Are the site conditions(e.g.,soils,topography, depth to water table, etc)maintained appropriately and adequately assimilating the waste? ❑Yes or No If no,please explain: 4. Has the site changed in any way that may affect the permit(e.g.,drainage added,new wells inside the compliance boundary,new development, etc.)? ❑Yes or❑No If yes,please explain: 5. Is the residuals management plan adequate? ❑Yes or❑No If no,please explain: 6. Are the existing application rates(e.g.,hydraulic,nutrient)still acceptable?❑Yes or❑No If no,please explain: 7. Is the existing groundwater monitoring program adequate? ❑Yes ❑No ❑N/A If no, explain and recommend any changes to the groundwater monitoring program: S. Are there any setback conflicts for existing treatment,storage and disposal sites? ❑Yes or❑No If yes,attach a map showing conflict areas. 9. Is the description of the facilities as written in the existing permit correct? ❑Yes or❑No If no,please explain: 10. Were monitoring wells properly constructed and located? ❑Yes❑No ❑N/A If no,please explain: - 11. Are the monitoring well coordinates correct in BIMS? ❑Yes❑No❑N/A If no,please complete the following(ex and table if necessary). Monitoring Well Latitude ' `Longitude o 12. Has a review of all self-monitoring data been conducted(e.g.,NDMR,NDAR,GW)? ❑Yes or❑No Please summarize any findings resulting from this review: 13. Are there any permit changes needed in order to address ongoing BIMS violations? ❑Yes or❑No If yes,please explain: 14. Check all that apply: ❑No compliance issues ❑Current enforcement action(s) ❑ Currently under JOC ❑Notice(s)of violation ❑'Current ly under SOC ❑ Currently under moratorium Please explain and attach any documents that may help clarify answer/comments(i.e.,NOV,NOD, etc.) 15. Have all compliance dates/conditions in the existing permit been satisfied? .❑Yes ❑No ❑N/A If no,please explain: - 16. Are there any issues related to compliance/enforcement that should be resolved before issuing this permit? ❑Yes ❑No ❑N/A If yes,please explain: FORM:APSRSR 04-10 Page 2 of 5 s .tONAL OFFICE RECOMMENDATIONS Do you foresee any problems with issuance/renewal of this permit? ❑Yes or®No If yes,please explain:Provided all comments are addressed. 2. List any items that you would like APS Central Office to obtain through an additional information request: Item Reason Application VII.5.Setbacks- A 5-day upset pond is The 5-day pond is not depicted on the map.Please explain.No rule, provided.—box is checked Supply information for No disinfection method was given in the application.Please explain. No rule. method of effluent disinfection Explain the reasoning for The application says flow will be estimated based on pump run time. Please explain. No estimating flow to the rule. infiltration basin Reference is made in the.cover letter of also applying wastewater via conjunctive Conjunctive use application was not provided.Please explain.No rule. use but a conjunctive use permit was not submitted Site property boundaries are A 500 ft.boundary is shown around the infiltration basin but property boundaries are not shown on the map within 500 shown.Please correct and resubmit.15A NCAC 02T.0704(d)(4) feet of the disposal sites The public shall be prohibited Application VII.5.Infiltration System Design Criteria 15A NCAC 02T.0705 indicates access to the wetted disposal public access to infiltration basin is restricted due to the Development being fenced. The area and treatment areas lower side of the infiltration basin adjacent to N.Norton Road does not have a fence.. Updated residuals acceptance The current version accepts residuals from Macon County only;should include Jackson letter from the Town of County. 15A NCAC 02T.0708(3) Franklin WWTP �' Concerning the Edneyville sandy loam series,the Jackson County soil survey Soils Report Items: 15A cautions about the severe erosion hazard for areas devoid of vegetation. Site NCAC 02T.0704(b)Soils preparations for the proposed project will include removing trees and terracing Report: the hillside,which will expose vulnerable soils.What measures will be taken to protect the site during the period of construction and over the long-term? The soils report mentions encountering restrictions at some boring locations.Is. there any indication.that restrictive horizons or perched conditions are present? Appendix figures 2 and 3 show the location of Ksat measurements.There are no site naives listed on Figure 2. Sites names on Figure 3 are illegible.There are no units of measurement given for either figure.Please correct and resubmit. Appendix figures"2 and 3 show the location of Ksat measurements.The hydraulic conductivity contour map generated for the soil and saprolite layers are exactly the same.Provide an explanation. A map delineating soil mapping units was not included in the information packet.Please correct and resubmit. A soils analysis was not included in the information packet.Please correct and resubmit. According to the design plans,a slope roughly 5-acres in size will be modified 15A NCAC 02T.0704(c)(2) in terms of mature tree removal and terr#cing in order to accommodate the l Engineering design documents infiltration galleries.At final build out,the infiltration galleries will be -ensuring quality and integrity permitted for 64,000 gallons per day.The four infiltration basins will be . of the finished product: constructed on a hillside with 20%to 50%slopes.It is important to note that a portion of the hillside directly above the galleries and at the toe of the slope have been extensively modified by road building activities. FORM:APSRSR 04-10 Page 3 of 5 According to geologist with the NC Geologic Survey,slopes greater than: degrees or 40%are at greater risk for landslides in western North Carolina.. has also been shown that modified slopes may be at greater risk for failure as compared to natural slopes.SIope failure occurs when the downward movements of material due to gravity and shear stresses exceeds the shear strength. Shear stresses.may increase as a result of additional loads at the top of the slope,increased pore water pressure,increase in soil weight due to increased water content,and excavation at the bottom of the slope. The Trillium Project will be applying treated wastewater to a steep and modified slope in an area of high annual precipitation.It would be,prudent,in the name of public safety,that a geotechnical engineer be consulted to calculate a factor of safety for the slope and account for the changes the project will bring in terms of evapotranspiration,root cohesion,antecedent moisture,pore water pressure,and natural stability.The geotechnical evaluation will need to be sealed by a licensed engineer. Because a state road(North Norton Road)is located directly below the infiltration galleries,you wiltbe required to contact Geotechnical Engineer Jody Kuhne with the North Carolina Department of Transportation and make him aware of the project.He can be contacted at(828) 298-3874. There is no indication in the report that any site reconnaissance was completed 15A NCAC 02T.0704(d)Site to identify surface water features such as springs or ephemeral streams.As an Plans: example,there appears to be(based on topographic map)an ephemeral or intermittent stream near basin area D that was not identified in the report. 3. List specific permit conditions recommended to be removed from the permit when issued: Condition Reason . 4. List specific special conditions or.compliance schedules recommended to be included in the permit when issued: Condition Reason 5. Recommendation: ®Hold,pending receipt and review of additional information by regional office ®Hold,pending review of draft permit by regional office []Issue upon receipt of needed additional information ❑ Issue _ ❑Deny(Please state re ns: ) 6. Signature of report preparer: Signature ofregional supervisor: . Date: � > V. ADDITIONAL REGIONAL STAFF REVIEW ITEMS Will the NPDES permit be modified to allow 104,000 gallons per day to be discharged to the stream,• currentlX permitted at 40,000 GPD? FORM:APSRSR 04-10 Page 4 of 5 N' ENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary October 6, 2016 Moss Robertson,Owner PO Box 2912 Highlands, NC, 28741 Subject: Permit No. WQ0038787 Moss Robertson Big Bear Pen Development Wastewater Collection System Extension Permit Macon County Dear Mr. Robertson: In accordance with your application received September 22,2016,we are forwarding herewith Permit No. WQ0038787 dated October 6, 2016, to Moss Robertson (Permittee) for the construction and operation upon certification of the subject wastewater collection,system extension. This permit shall be effective .from the date of issuance until rescinded,and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition 11.1: This permit shall not be automatically transferable; a request must be made and approved. Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. It shall be responsibility of the Permittee to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. If any parts, requirements,or limitations contained in this permit are unacceptable,you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made,this permit shall be final and binding. 2090 U.S.70 Highway,Swannanoa,NC 28778 Phone:828-296-4500\Internet:www.ncwatergualitV•org An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper Moss Robertson Permit No. WQ0038787 If you need additional information concerning this matter, please contact Tim Heim at(828) 296-4665 or via e-mail at Tim.Heim@ncdenr.gov. Sincerely, for S.Jay Zimmerman,Actin erect r Division of Water Resources, NCDENR G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ enclosure: Operational Agreement cc: William A. Stillwell, P.E. —Stillwell Engineering, PA(electronic copy) Alec Templeton, ORC-Town of Highlands WWTP Asheville Regional Office Files Water Resources Central Files PERCS(electronic copy) G:\WR\WQ\Macon\Collection Systems\Highlands Collection System\WQCS0038787 Big Bear Pen Development.docx -' Page 2 of 8 &4 ..r.r.rr►Is. D�� STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,and other applicable Laws, Rules, and Regulations, permission is hereby granted to Moss Robertson Macon County for the construction and operation of approximately 760 linear feet of 6-inch gravity sewer to serve five three-bedroom homes as part of the Big Bear Pen Development project, and the discharge of 1,800 gallons per day of collected domestic,wastewater into the Town of Highland's existing sewerage system, pursuant to the application received September 22, 2016, 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. - This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. for Thomas A. Reeder, Director Division of Water Resources, NCDENR By Authority of The Environmental Management Commission Permit Number: WQ0038787 Permit Issued: October 6,2016 SUPPLEMENT TO PERMIT COVER SHEET Page 3 of 8 Name of Applicant is hereby authorized to: Construct,and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the Town of Highlands Wastewater Treatment Facility in accordance with Permit Number NC0021407. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T, the Division's Gravity Sewer Minimum Design Criteria adopted.February 12, 1996 as applicable;and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions and any Special Conditions identified below. I. SPECIAL CONDITIONS 1. This permit shall become voidable unless the agreement between MOSS ROBERTSON and TOWN OF HIGHLANDS for the collection and final treatment of wastewater is in full force and effect. [15A NCAC 02T.0304(h)] 2. 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 j 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. [15A NCAC 02T.0115] II. STANDARD CONDITIONS 1. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be, submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. [15A NCAC 02T.0104; G.S 143-215.1(d3)] 2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. [15A NCAC 02T.0110] 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. [15A NCAC 02T.0110] 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the Page 4 of 8 operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required,the following performance criteria shall be met: [15A NCAC 02T.0108(b)]: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters,and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected everyday(i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and 'public notice shall be provided as required by North Carolina General Statute§143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors,enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems, the Grease Control Program shall include at least bi- annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs(a)through(i)of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. 5. The Permittee shall report by telephone to a water resources staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours, following the occurrence or first knowledge of the occurrence of either of the following: Page 5 of 8 FAST TRACK SEWER ENGINEERING CERTIFICATION PERMITTEE: MOSS ROBERTSON PERMIT#: WQ0038787 PROJECT: BIG BEAR PEN DEVELOPMENT ISSUE DATE: October 6, 2016 This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the Division has received this Certification and all required supporting documentation. It should be submitted in a manner that documents the Division's receipt. Send the required documentation the Regional Supervisor,Water Quality Regional Operations Section at the address at the bottom. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up until a final certification is received. A Final Certification shall be a complete set of record drawings and design calculations regardless of whether partials have been submitted. PERMITTEE'S CERTIFICATION I,the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name,Title Signature Date ENGINEERS CERTIFICATION as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the Big Bear Pen Development and location as referenced above for the above Permittee hereby state that,to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Resources' (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable;and other supporting materials. ........................................................................... North Carolina Professional Engineer's Seal w/signature &date: ❑ Final ❑ Partial (include description) .........................................................................: Certification Comments/Qualifiers(attach if necessary): NC DWR—Water Quality Regional Operations Section 2090 U.S.70 Highway,Swannanoa, NC 28778 Asheville Regional Office Phone: (828)-296-4500 FAX: (828)-299-7043 OF NORTH CAROLINA -t,TTY OF Macon Permit No. W 0038787 DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl)and entered into this day of , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as-the-90MMI_S.SION and Moss Robertson a corporation/general partners, 'p regl),066d iZ6fi ,tq do business in the State of North Carolina,hereinafter known as the DEVELOPER. WITNESSETH: SEP 2 2 2016 Macon 1. The DEVELOPER is the owner of the certain lands lying in < �, w;:, Co up�on poon��ierations which it is erecting and will erect dwelling units and other improvements, said demelqpinerit to b um as Big Bear Pen Development (hereinafter the Development). 2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities(hereinafter Disposal System)to provide sanitary sewage disposal to serve the Development on said lands. 3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1.to construct,maintain, and operate the Disposal System. 4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration),pursuant to Chapter 47C or 47F of the North Carolina General Statutes. '5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the Declaration,the(Unit Owners' Association) Big Bear Pen POA (hereinafter Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re-constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation,maintenance,re-construction and repair. 6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto,the COMMISSION and DEVELOPER do hereby mutually agree as follows: 1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water Resources has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The 1. request must include a copy of the Association Bylaws and Declaration. 3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPERs successor. F(IRRiT• T1RI%7 111Z-12 _-- __ L --__--- __- ---- =-= =- -- - - , �. ,._ �`�,_J _ _ __ _ __ - __ f. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element which will receive the highest priority for expenditures by the Association except for Federal,State,and local taxes and insurance. 5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses,the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part of the yearly budget. 6. In the event the common expense allocation and separate fund are not adequate for the construction, repair,and maintenance of the Disposal System,the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 7. If a wastewater collection-system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development,the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Developments wastewater. 8. Recognizing that it would be contrary to the public interest and to the public health,safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 9. The agreements set forth in numbered paragraphs 1,2,3,4, 5, 6, 7, and 8 above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and operation of the Disposal System. 10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies)where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: tE ENVIRONMENTEMENT CTS Name B _ S.Tay Zimmerman,P.G. (Signature) Director,Division of Water Resources SS /�vP✓Li �'6 i Print Name and Title (Date) (Dat s` FORM: DEV 08-13 Page 2 of 2 g.7y T + ttr a,; A .IhiEIF CERTIFIED MAIL #: 7015 1520 0003 5463 1117 RETURN RECEIPT REQUESTED October 06, 2016 Seth Eckard Town of Valdese PO Box 339 Valdese, NC 28690 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-DV-0297 Sanitary Sewer Overflows - September 2016 Collection System Permit No. WQCS00032 Valdese Collection System Burke County Dear Permittee: The self-reported Sanitary Sewer Overflow (SSO) 5-Day Report submitted by Town of Valdese indicates violations of permit conditions stipulated in the subject permit and North Carolina G.S. 143-215.1. Violations include failing to effectively manage, maintain, and operate the subject collection system so that there is no SSO to the land or surface waters and making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required. Specific incident(s) cited in the subject report include the following: Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 201601505 9/5/2016 120 1719 Thornwood St- Debris in line,Other 1,500 500 Notice of Violation Manhole on Hospice outfall. 201601506 9/6/2016 120 516 Rodoret St S. - Pipe Failure(Break) 4,500 2,500 Notice of Violation Manhole on Ribet Qutfall State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 Remedial actions, if not already implemented, should be taken to correct the above noncompliance. Pleas; a written response to this Notice of Violation. Your .response is to be received by the regional office within 1a business days following receipt of this violation. Please include any additional documentation about this incident, in the response. The submittal will be considered in determining whether the Division will assess a civil penalty) the cited violations. If you have any questions, please do not hesitate to contact Linda Wiggs with the Water Quality Section in the Asheville Regional Office at 828-296-4500 or via email atlinda.wiggs@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: Asheville Regional Office Central Files, Water Quality Section G:\WR\WQ\Burke\Collection Systems\Valdese Collection System\N0V-2016-DV-0297.SS0 9-2016.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 C CERTIFIED MAIL #: 7015 1520 0003 5463 1124 RETURN RECEIPT REQUESTED October 06, 2016 Richard Canipe Town of Spruce Pine PO Box 189 Spruce Pine, NC 28777 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-DV-0299 Sanitary Sewer Overflows - September 2016 Collection System Permit No. WQCS00091 Spruce Pine Collection System Mitchell County Dear Permittee: The self-reported Sanitary Sewer Overflow (SSO) 5-Day Report submitted by Town of Spruce Pine indicates violations of permit conditions stipulated in the subject permit and North Carolina G.S. 143-215.1. Violations include failing to effectively manage, maintain, and operate the subject collection system so that there is no SSO to the land or surface waters and making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required. Specific incident(s) cited in the subject report include the following: Total Vol- Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 201601681 9/28/2016 35 Shannon Drive River Pipe Failure(Break) 1,000 1,000 Notice of Violation crossing - PS Force Main Remedial actions, if not already implemented, should be taken to correct the above noncompliance. Please submit a written response to this Notice of Violation. Your response is to be received by the regional office within 15 business days following receipt of this violation. Please include any additional documentation about this incident(s) in the response. The submittal will be considered in determining whether the Division will assess a civil penalty for cited violations. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you have any questions, please do not hesitate to contact Linda Wiggs with the Water Quality Section in tr,� Asheville Regional Office at 828-296-4500 or via email at linda.wiggs@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: Asheville Regional Office Central Files, Water Quality Section G\WMMMitchell\Collection Systems\Spruce Pine Collection System\N0V-2016-DV-0299.SS0 9-28-2016.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 PAT MCCRORY is Governor DONALD R. VAN DER VAART Secretary WaterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director October 7,2016 Serrus Creekside, LLC Attn: Stephen Mudge and David Earley 2 David Keats Drive Greenville,SC 29630 Subject: Incident Closure Creekside Village NOV-2015-PC-0273 Buncombe County Dear Mr. Mudge and Mr. Earley: The Division of Water Resources inspected the subject property on September 30, 2016. The written response, stabilization and sediment removal work performed have satisfactorily resolved the violations noted in the subject Notice of Violation. Please continue to use best management practices at this site and work with the Buncombe County Erosion Control program to avoid future,water quality violations at this site. Your attention and cooperation is greatly appreciated. Should you have any questions regarding this matter or other water quality issues or concerns,please contact me at(828)296-4662 or zau.price�,ncdenr.gov. Sincerely, L'Zan Price, PE Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc: Karen Higgins—401 and Buffer Permitting Unit DWR ARO File Copy G:\WR\WQ\Buncombe\401s\Non-DOT\Creekside Village\NOV\CLO.NOV.2015-PC-0273.docx State of North Carolina I Environmental Quality I Water Resources 2090 US Hwy 70 1 Swannanoa,North Carolina 28778 828 296,4500 \\ \\� �. I �_�� _ PAT MCCRORY :z. Governor DONALD R. VAN DER VAART Secretary WaterResaurces S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director October 7, 2016 Varda Giodano 1017 Tableview Drive Morganton, NC 28655 RE: Sample ID:AC 30941 &Ac30936 Sample Location Address: 1017 Tableview Drive Burke County Dear Ms. Giodano, Please find attached the analytical results for water samples collected from your water supply well, at the address referenced above, on July 19, 2016. Samples were collected in response to a nitrate-in-groundwater investigation being conducted in the vicinity of Pax Hill Road and the Old Oak Estates.Your drinking water was analyzed for fecal coliform bacteria,total coliform bacteria, nitrate,nitrite, and various metals. The following table summarizes the attached analytical results (AC30941) for your water supply well. The results are shown in units of micrograms per liter of water (ug/1) and are approximately equivalent to parts per billion (ppb). USEPA Maximum NC Groundwater Concentration Detected Analytes Contaminate Level Standard In Your Drinking Water Concentration Units Concentration Units Concentration Units Calcium 29,000 ppb Chloride 250,000 ppb 1,900 ppb Magnesium 3,100 ppb Manganese 50 ppb 22 ppb Nitrate 10,000 ppb 10,000 ppb 180 ppb Potassium 2,400 ppb Sodium 5,900 ppb Strontium 71 ppb Sulfate 250,000 ppb 16,000 ppb The following table summarizes the attached coliform bacteria results (AC30936) for your water supply well.The results are shown in colony forming units per 100 milliliters of water or CFU/100 ml. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70,Swannanoa,North Carolina 28778 828-296-4500 Varda Giodano October 7,2016 \\ Page 2 of 2 NC Groundwater Standard Concentration Detected in Analytes Your Drinking Water Concentration Units Concentration Units Total coliform bacteria 1 CFU 100 ml Not detected CFU 100 ml Fecal coliform bacteria 1 CFU 100 ml Not detected CFU 100 ml There were no coliform bacteria detected in your drinking water at this time. Chloride, nitrate, sulfate, and a number of metals are present but their concentrations are below the applicable groundwater standards. It is important to note that many of these constituents are fairly common for groundwater quality in western North Carolina. Because there are constituents present in your drinking water, a Health Risk Evaluation (HRE) was performed by North Carolina Department of Health and Human Services toxicologist, Kennedy Holt. The HRE,which is enclosed, indicates your water supply well may be used for all household uses including drinking, cooking,washing, cleaning, bathing, and showering. If you have questions concerning the Health Risk Evaluation,please contact Kennedy Holt at(919) 707-5910. If you have any additional questions or concerns, please contact me at (828) 296-4681 or brett.laverty@ncdenr.gov. Sincerely, } A Brett La r Water Quality Regional Operations Asheville Regional Office Attachment: Health Risk Evaluations by Kennedy Holt DWR laboratory analytical results cc: ARO file Burke County Health Department w/attachments A.J.Laczko-1023 Tableview Drive North Carolina Division of Water Resources Water Sciences Section Laboratory Results ;17 TABLE VIEW DRIVE Sample ID: AC30941 BURKE Collector: B LAVERTY VisitlD PO Number# ARO Report To ARO Location ID: IC121017TABLEVIEW Date Received: 07/21/2016 Collect Date: 07/19/2016 Priority ROUTINE Time Received: 08_40 py Collect Time: 11_44 Sample Matrix: GROUNDWATER Labworks LoginlD TASCENZ01 Yes/No Sample Depth Loc.Type: Water Supply Delivery Method NC Courier Final Report Date: 8110/16 Report Print Date: 0910 812 01 6 Final Report If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. Result/ Method Analysis CAS# Analyte Name PQL Qualifier Units Reference Date Validated by LAB Sample temperature at receipt by lab 2.1 T 7/21116 MSWIFT NUT Nitrate as N in liquid 0.02 0.18 mg/Las N EPA353.2 REV 2. 7/27116 CGREEN Nitrite as N in liquid 0.01 0.01 U mg/L as N EPA 353.2 REV 2 7/21/16 CGREEN NO2+NO3 as N in liquid 0.02 0.18 mg/Las N EPA353.2 REV 2 7127/16 CGREEN WET Bromide 0.4 0.4 U mg/L EPA300.0 rev2.1 7/21/16 CGREEN Chloride 1.0 1.9 mg/L EPA300.0 rev2.1 7/21/16 CGREEN Fluoride 0.4 0.4 U mg/L EPA300.0 rev2.1 7/21/16 CGREEN Sulfate 2.0 16 mg/L EPA300.0 rev2:1 7/21/16 CGREEN MET 7429-90-5 Al by ICP 50 50 U ug/L EPA200.7 Rev4.4 7/28116 ESTAFFORD1 744 a As by ICPMS 2.0 2.0 U ug/L EPA200.8 Rev5.4 8/2/16 ESTAFFORDI 7440-38-3 Ba by ICP 10 10 U ug/L EPA200.7 Rev4.4 7/27/16 ESTAFFORDI 7440-70-2 Ca by ICP 0.10 29 mg/L EPA200.7 Rev4.4 7/27/16 ESTAFFORD1 7440-43-9 Cd by ICPMS 0.50 0.50 U ug/L EPA200.8 Rev5.4 8/2116 ESTAFFORDI 7440-47-3 Cr by ICPMS 5.0 5.0 U ug/L EPA200.8 Rev5.4 8/2/16 ESTAFFORD1 7440-50-8 Cu by ICPMS 2.0 2.0 U ug/L EPA200.8 Rev5.4 8/2/16 ESTAFFORDI 7439-89-6 Fe by ICP 50 50 U ug/L EPA200.7 Rev4.4 7/28116 ESTAFFORD1 7439-97-6 Hg 245.1 0.2 0.20 U ug/L EPA245.1 Rev3 8/3/16 ESTAFFORD1 7440-09-7 K by ICP 0.10 2,4 mg/L EPA200.7 Rev4.4 7/27116 ESTAFFORDI 7439-95-4 Mg by ICP 0.10 3.1 mg/L EPA200.7 Rev4.4 7/27/16 ESTAFFORDI 7439-96-5 Mn by ICP 10 22 ug/L EPA200.7 Rev4.4 7/28/16 ESTAFFORD1 7440-23-5 Na by ICP 0.10 5.9 mg/L EPA200.7 Rev4.4 7/27/16 ESTAFFORDI 7440-02-0 Ni by ICPMS 2.0 2.0 U ug/L EPA200.8 Rev5.4 8/2/16 ESTAFFORDI 7439-92-1 Pb by ICPMS 2.0 2.0 U ug/L EPA200.8 Rev5.4 8/2/16 ESTAFFORDI 7782-49-2 Se by ICPMS 1.0 1.0 U ug/L EPA200.8 Rev5.4 8/2/16 ESTAFFORDI 7440-24-6 Sr by ICPMS 10 71 ug/L EPA200.8 Rev5.4 8/2/16 ESTAFFORDI 7440-66-6 Zn by ICP 10 10 U ug/L EPA200.7 Rev4.4 7/28/16 ESTAFFORD1 WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 1 of 1 -_..__._ .-.__-__--_ _ L .__..:- I._.::_.___ ___._ _.__ -_ - �// �_/ __ -- - North Carolina Division of Water Resources Water Sciences Section Laboratory Results .RDA GIODANO 1017 TABLE VIEW DRIVE Sample ID: AC30936 BURKE Collector: B LAVERTY VisitlD PO Number# ARO ARO Report To ARO Location ID: 1C121017TABLE Date Received: 07/19/2016 Collect Date: 0 711 9/2 01 6 Priority GROUNDWATER Time Received: 14_25 "y Collect Time: 11_44 Sample Matrix: GROUNDWATER Labworks LoginlD KJIMISON2 res/No Sample Depth Loc.Type: WATER SUPPLY Delivery Method Hand delivered Final Report Date:' 7/28/16 Report Print Dater 0 9/0 812 01 6 Final Report If this report is labeled preliminary report, the results have not been validated. Do not use for Regulatory purposes. Result/ Method Anal sis CAS# Analyte Name PQL Qualifier Units Reference Date Validated by ARO Coliform,MF Fecal in liquid 1 1 B2 CFU/100ml APHA9222D-20th 7/19/16 ESTAFFORD1 Coliform,MF Total in liquid 1 1 B2 CFU/100ml APHA92226-20th 7/19116 ESTAFFORD1 Sample temperature at receipt by lab 5.3 °C 7/19/16 RBYRD WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 1 of 1 '' nt � � I nformation deprtttnont� ande Reco mmendations For Inorganic Chemical Contaminants County: -r Name .dc�" iud "ample W#: oa-1 Reviewer: 21 TEST RESULTS ANI7 USiE RECOMMENDATIONS I. o tr well water rneets federal drinking water standards for inorganic chemicals. Your water can be used for drinking,cooking, washing,cleaning, bathing,arrd sht. ring,based on the iztor att'c chenrlcal resu is on l!.You may have ether water sampling resu'Its that are not taken into account in this report. 2. exceeded federal drinking grater standards or the North Carolina 2I_.calculated health levels.The N'arth,Carolina Divi iott of Public 11balth recommends t1Yat your we:I water not be used for drinking all cooking,uniess you install a water treatment system to remove the,circled substa ee(s),However,iC nmay be used for washing,cleaning,bathing and showering based on the jatorgutlic chen teal rea ps vnit�. T-senic Barium Cadmium 27roqiium Co er ElunrideMerc Nttrat /I�litrte lenium Silvers nesiuni Zinc t� . 3. [_] a. Sodium levels exceed the U.S.>Envirotimental Protection Agency's(USEPA)Health Advisory level for sodium of 20 mg/l. The North Carolina:laivision of Public l-iealth recommends that only individuals on no or law sodium restricted diets not use this water for drinking or cooking. it may be used for washing,cleaning,bathing,and showeting based on. the 1�r�rrs.•,rltttlr, rE,recutits, rtly b,;Levels over 30 n-SSA may pose aesthe4 c problems such as bats tasty,:edr�c,staining of porcr lain,etc; 4, Re»satup ing is rep c ini4endled in _r�rorrtits. 5 ] si sample for lead and/or copper. Take.a first draw,5 minute and l S minute sample inside the house(preferably the kitchen)and if possible a first draw; 5 minute anti a l5 nri'}tute sample at the wellhead te'determine the source of the lead and/or copper: 6.,❑ The fdillowing substance(s)exceeded federal drinking water standards; Your water can be used for drinking, cooking,washing,cleaning,bathing,and showering based on the MgMaynic:chetitfeal results only,;but a s� thetic problems such as bad taste,odor,,staining of porcelain,etc.may occur. You may Want to install a household water treatment system to'address aesthetic problems. l3ariurn Cadrrttr►m Chromium rluoride Irot� t ter eslum Man anew Seletrrum Silver kl Zinc �.....,_------- � i por more otfvrmadon regardling,y©tdr tvell water restilts,Please call she North CarolinaDivislon of Public Public Health at 0I9-707.5900. '°� \_ i'" � ' �__ ,�, i t R T H 0 a t; Well Water Biological .nalysIs .esu.ts & Recommendations i E_._ 7_. Count y, t � Name:_tl'c�� t� �•o Sample IU#: Review Date: Reviewer; Initial Sample [�) Confirmatory Sample �(1) Focal Health Department Telephone: �- L4 S1.. �"�( 30 t3l NO cotforlu bacterta were foundr .it pur well water. Caitr .ii�nter£aa EFf'tiscd fL~j ail p!it'�t tees F!ttlffidi!#g dtirtrFig,C�+£T�Ciltsl,Ttta$l'iittgz,Ch"trlrtF€�,IFatEttli�.t27?tf 5E€Otttt�r`Erlgt: Total belt M bacteria were detected 1n the umple>which Indicates that hamdul bacteria from human or animal waste 141 coold'enter the well. � �, Goo riot rise thooat+~r fot'it�inkin��ar eoo�irr,�nrileiis if has bee#t>E7uitetl fora nti.nitca, 1`ott h�ait�tree rloiir•itrater�.ir ali eflt�r Pitt-poses hicluding ivashing dishy,bathing,or shorwrilggF [5l` Your well water needs to be re•somptod to verify that the test result 1s accurate or a probiem has been resolved. tbl recat'colitorm;tactt:rla wore deleated to the sample. :F'daft?rS{?lire:{7 F7trr CC•{}<rI�11r�;;c(i ;r 1 ;ti dhli'rr :•Li.ESr2flt'tl�r ni'c`lI'Itri l oner tocll ritr le�r£trrs tio�ted fo1`Ir'rningical contatnii rtnts ftotreE caliJnrtrt and jecai cnEElirrFrr.� ttctrria}.>T ile nevit.& iery evaluated icing j'ederial rEritrki'1'ig: it.'titer•SIR€1£EtteOL I'tlte 1t aatrttfltrg•.shatz7 colilallrirrRtinrr lrll cnli''jul'1rt URt fsriR,rnFrfact 2lvFir Iocat ltaltlF dapnrtrnelit fpr a�4i tarrct. l'liere lrralFetr'pFol7lcnt tvitli tEic` t'uteSfrnt ii£ar3'tpl lint'well,tilt:cti>'Cri'fittEii•t€7`�F`$i7ctltCY or Op t. i0f o li ivell. .�EIt i:7tEr r2tP€fia'tC t7. r!!.i��i'CE rr E't/'ti1C I F.l E E}:!itE/t�f�711r#F.7('W o.,o fowl"vAl ca:itrarfnr ttxticte7itihtG`the�rrrl?lem truth file lVell and to,Khr gidditrtce on hoot fillcorrect'hr p7'trl7l%xr�_ Total col tforti#ltaGEei'ia;art?fotin t1f roil tt1€d fecal cirllfor'nr httftel`ia art'fOlirtd lirariinlal a7id IttntlRlt FC7a5tL"". 1tal foEif4#Ttit n!` CCaI ct7Ef(ni'rn'baetcl'iarill Well tea►er nraif iitdicalethrTt the-toelhijay have..-itetriralproldvitts or th at the ft ell.ttrrrs litrl praperltl A ilifecled. If yoll have tteerl dviliiiFrg well zt>fttt'r anrfare PrN,Haut €ttutiht�,have child in the household 1111d r 5 yurr5 of ase,nr rnnittalocoill�romised 6s72chat: tilt 1Fidli7l(itir7l'i7ltti flEt<5a f+ir7ct'r',.FlelFl2tttrJy,7ralltoiS,£>; fiitrl&'frE t7;Gfe€ittl'i':t}Eiifo1'rr;i,Pr r 11C'reltEr;t2rP 171vitrd4'r alit.,e,tssdt:at yor't no-1 Jt :'f. Ef the GAlttafrnttatio7r Ci371t1nn�tS,I/oti?hOr€Id Fllitt'S7j�at6'tltl I>{7y lf7ihl�of drilling n lielirwell or tltitn1l a pliblt-nf en ry dish fection to tit which ran use chlorine,nllratsiolet light,or ozone. r\ ,ritirtc uteri iitatcr aatilpliog iti art"s nirr7 iidt'd evatyyear fiv ttac ter"t•o and nitialei, Sa tzple r/our 1tvil inhe l there is a known problein or contaminatiolt ill ipir area,after repair'.4,replacenteFit of yvitr well,-tar after 11flocidifig ei enh For jrrrttur`Irfrrillatiiatl,i91rtaci your local hrattti*parhut?rtl= Reutsed December 2611 Well safely•litlfJ.step+,{at€hlicltealitr.2#G.c�avfaii'hsirtc is}at:wt.ithr,6 PAT MCCRORY .r a Governor DONALD R. VAN DER VAART " Secretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director October 10, 2016 Foy Robinson 37 Parker Road Weaverville, NC 28787 RE: Sample ID: AC31678&AC31871 Sample Location Address: 37 Parker Cove Road Buncombe County Dear Mr. Robinson, Please find attached the analytical results for water samples collected from your water supply well, at the address referenced above,on August 16, 2016.Your drinking water was analyzed for fecal coliform bacteria,total coliform bacteria, chloride,sulfate, and various metals. The following table summarizes the attached analytical results (AC31678) for your water supply well. Please note that the bolded values indicate levels above the NC Groundwater Standard, 15A NCAC 02L .0202. The results are shown in units of micrograms per liter of water (ug/1) and are approximately equivalent to parts per billion (ppb). USEPA Maximum NC Groundwater Concentration Detected Analytes Contaminate Level Standard In Your Drinking Water Concentration Units Concentration Units Concentration Units Barium 2,000 ppb 700 ppb 52 ppb Calcium 6,800 ppb Chloride 250,000 ppb 5,700 ppb Copper 1,300 ppb 1,000 ppb 11 ppb Iron 300 ppb 980 ppb Magnesium 2,800 ppb Manganese 50 ppb 14 ppb Potassium 2,400 ppb Sodium 7,100 ppb Strontium 95 ppb Sulfate 250,000 ppb 5,500 ppb The following table summarizes the attached coliform bacteria results (AC31871) for your water supply well. Please note that the bolded values indicate levels above the NC Groundwater Standard, 15A NCAC 02L.0202.The results are shown in colony forming units State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70,Swannanoa,North Carolina 28778 828-2964500 Foy Robinson October 10,2016 Page 2 of 3 per 100 milliliters of water or CFU/100 ml. NC Groundwater Standard Concentration Detected in Analytes Your Drinking Water Concentration Units Concentration Units Total coliform bacteria 1 CFU 100 ml 66 CFU 100 ml Fecal coliform bacteria 1 CFU 100 m1 Not detected CFU 100 ml Total coliform bacteria and iron are present at concentrations that exceed the applicable groundwater standards. Chloride, sulfate, and a number of metals are also present but their concentrations do not exceed the applicable groundwater standards. It is important to note that many of these constituents are fairly common for groundwater quality in western North Carolina. Because there are constituents present in your drinking water, a Health Risk Evaluation (HRE) was performed by North Carolina Department of Health and Human Services toxicologist, Kennedy Holt. The HRE,which is enclosed, makes specific recommendations %- for use-of your water based on these results. Please note that I have included fact sheets on -' total coliform bacteria and the shock chlorination of water supply wells for your review. The Asheville Regional Office has completed their groundwater investigation of seven private water supply wells along Parker Cove Road in Buncombe County.A common complaint among residents was the presence of excess sediment in their drinking water shortly after the use of high explosives at the adjacent Maple Trace development in June 2016. Sediment buildup at some water supply wells was so severe that it required the well pump to be raised. The analytical results did detect elevated concentrations of iron and manganese at some wells but this appears to be a naturally-occurring issue that predates the use of high explosives.An inspection of the Maple Trace development found that the blasting was limited to the shallow subsurface and did not extend to the water table,which can vary from 25 feet to 100 feet below the land surface.What has likely transpired is that ground vibrations produced by the blasting has dislodged iron precipitate or scale that has built up over time on the walls of the well casing and bedrock borehole. This investigation has not collected any evidence that would indicate any lasting changes to the quality of groundwater serving the Parker Cove Road residents. oy Robinson October 10,2016 Page 3 of 3 If you have questions concerning the Health Risk Evaluation, please contact Kennedy Holt at (919) 707-5910. If you have any additional questions or concerns,please contact me at (828) 296-4681 or brett.laverty@ncdenr.gov. Sincerely, r 1 � r' Brett Laverty Water,—Quality Regional.Operations Asheville Regional Office Attachment: Health Risk Evaluations by Kennedy Holt DWR laboratory analytical results Coliform bacteria fact sheets Water supply well shock chlorination fact sheet cc: ARO file Buncombe County Health Department w/attachments _-- --_ `�, `�i; __ North Carolina Division of Water Resources Water Sciences Section Laboratory Results ✓Y ROBINSON-37 PARKER COVE RD WEAVERVILLENC Sample ID: AC31678 BUNCOMBE Collector: B LAVERTY ` VisitiD PO Number# ARO Report To ARO Location ID: IC1137PARKER Date Received: 08/18/2016 Collect Date: 08/16/2016 Priority ROUTINE Time Received: 08:35 ;y Collect Time: 11_38 Sample Matrix: GROUNDWATER Labworks Login]D MSWIPT Yes/No Sample Depth Loc.Type: Water Supply Delivery Method NC Courier Final Report Date: 9115/16 Report Print Date: 10/04/2016 Final Report if this report is labeled preliminary report, the results have not been validated. Do not use for Regulatory purposes. Result/ Method Analysis CAS# Analyte Name PQL Qualifier Units Reference Date validated by LAB Sample temperature at receipt by lab 2.2 °C 8/18/16 MSWIFT WET Bromide 0.4 0.4 U mg/L EPA300.0 rev2.1 8/18/16 CGREEN Chloride 1.0 5.7 mg/L EPA300.0 rev2.1 8/18/16 CGREEN Fluoride 0.4 0.4 U mg/L EPA300.0 rev2.1 8/18/16 CGREEN Sulfate 2.0 5.5 mg/L EPA300.0 rev2.1 8/18/16 CGREEN MET '440-22-4 Ag by ICPMS 1.0 1.0 U ug/L EPA200.8 Rev5.4 8/24/16 ESTAFFORD1 '429-90-5 Al by ICP 50 50 U ug/L EPA200.7 Rev4.4 8/31/16 ESTAFFORD1 '440-38-2 As by ICPMS 2.0 2.0 U ug/L EPA200.8 Rev5.4 8/24/16 ESTAFFORD1 '440-38-3 Ba by ICP 10 52 ug/L EPA200.7 Rev4.4 8/31/16 ESTAFFORD1 440`"? Ca by ICP 0.10 6.8 mg/L EPA200.7 Rev4.4 8/31/16 ESTAFFORD1 446- Cd by ICPMS 0.50 0.50 U ug/L EPA200.8 Rev5.4 8/24/16 ESTAFFORD1 440-48-4 Cobalt by ICP 50 50 U ug/L EPA200.7 Rev4.4 8/31/16 ESTAFFORD1 440-47-3 Cr by ICPMS &0 5.0 U ug/L EPA200.8 Rev5.4 8/24/16 ESTAFFORD1 440-50-8 Cu by ICPMS 2.0 11 ug/L EPA200.8 Rev5.4 8/24/16 ESTAFFORD1 439-89-6 Fe by ICP 50 980 ug/L EPA200.7 Rev4A 8/31116 ESTAFFORD1 439-97-6 Hg 245.1 0.2 0.20 U ug/L EPA245.1 Rev3 8/24/16 ESTAFFORD1 440-09-7 K by ICP 0.10 2.4 mg/L EPA200.7 Rev4.4 8/31/16 ESTAFFORD1 439-95-4 Mg by ICP 0.10 2.8 mg/L EPA200.7 Rev4.4 8/31/16 ESTAFFORD1 439-96-5 Mn by ICP 10 14 ug/L EPA200.7 Rev4.4 8/31/16 ESTAFFORD1 439-98-7 Mo by ICPMS 10 IOU ug/L EPA200.8 Rev5.4 8123/16 ESTAFFORDI 440-23-5 Na by ICP 0.10 7.1 mg/L EPA200.7 Rev4.4 8/31/16 ESTAFFORD1 440-02-0 Ni by ICPMS 2.0 2.0 U ug/L EPA200.8 Rev5.4 8124/16 ESTAFFORD1 439-92-1 Pb by ICPMS 2.0 2.0 U ug/L EPA200.8 Rev5.4 8/24/16 ESTAFFORD1 782-49-2 Se by ICPMS 1.0 1.0 U ug/L EPA200.8 Rev5A 8/24/16 ESTAFFORD1 440-24-6 Sr by ICPMS 10 95 ug/L EPA200.8 Rev5.4 8/23/16 ESTAFFORD1 440-66-6 Zn by ICPMS 10 IOU ug/L EPA200.8 Rev5.4 8/24/16 ESTAFFORD1 f � WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 1 of 1 \ J/i __.. North Carolina Division of Water Resources Water Sciences Section Laboratory'Results ov Robinson 37 PARKER COVE RD,WEAVERVILLE,NC Sample ID: AC31871 BUNCOMBE Collector: B LAVERTY VisitiD PO Number# ARO ARO Report To ARO Location ID: iC1137PARKER Date Received: 08/16/2016 rfi Collect Date: 08/16/2016 Priority ROUTINE Time Received: ',14:30 icy Collect Time: 11_38 Sample Matrix: GROUNDWATER Labworks Login]D KJIMISON2 Yes/No Sample Depth Loc.Type: Water SuoplV Delivery Method Hand delivered Final Report Date: 9/21/16 Report Print Date: 10/04/2016 Final Report If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. Result/ Method Analysis CAS# Analyte Name PQL Qualifier Units Reference Date Validated by ARO COliform,MF Fecal In liquid 1 1 B2 CFU/100ml APHA9222D-20th 8/16/116 ESTAFFORD1 Coliform, MF Total in liquid 1 66 CFU/100ml APHA922213-20th 8/16/16 ESTAFFORD1 Sample temperature at receipt by lab 4.3 T 8/16t,16 RBYRD WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 1 of 1 ._..__.. .. ptivate, vVel, nfi�rma it w0ns -u �a Recom mend ;�t�rttic�! a hHaMiAgnt a 5&M pto,H)# 'I`E,aT tUSULTS AND SSE�C ► 'It IS t.a Ynur well water rn ets ted rst�lrizaktrtg,v� t r standards fir 1nooWarrtc o,he cols Ypur hater fan be bs r; dr nking,cooking +asfi t �cC �r�g�b the g;and s Q Britt . 'nxt + lrtrr�►aatc cheutic !resr its vrrEv.YUMMY e oth r wat r"s tirz res 1 ;€ sfi. Ken t;ta c � € ca z t. t re rt'; ate tin Q' e�ceedert ed ral dr,a M&c�ater t r<da.� v t tc i Ca I.c t l t�:d sl teais<"The csriharattt tri €kCif 'nb�tct rcmertds ' trrreFi hater noa be used crrtri?tnra:td, eQCcigx unlesSly tatl ensati a water treatment"s! tetc tip c�a�r�'te ;rled ststdn �.fidwrrr itna+be'used tsar washing, ee(nixt" bathg an ct sh€rwertn basedn tCear•�'. ,� mdcal re�uCts uril� ;en c ) 8 Turn admiitri? hr m�ut _- luci rr€{o Bad trc ' -- \'tvia� anew 1bLec�u�"_� Nttrate�ifrifie S�letaitt �Ytuer tfiii riest�irrt 3- DW a;Sodium Levels exceed the U,S.lnrtznznerital t'rc�#.ector�Agete�`s FCealtli Advtsar level:for,sedum o , lt. Thyurt atIlriatision aPuhtic Healtl;;reccnimend tatarat intttvi :als at n ter.ltwedtum restrcte di c nut"u use this:dater far d t :g.+ r*king It may he used.t ing- cteanr g, athtn ar►<i he yeti l3aseeC.oit tt� t�ar�antn clr,etr;Icat:r��uC1��x_tr�_ .I, gets aver 3Q rn t"r dose MOWprnl tetns.su�k a b* tasty,e Pr�,sto hm.Or �ercela�nx etc. too 14: tie-sample txr lead'anddr copper: t'ae a Brat€[xa ,5 txtn.nt aid is mtnrite ar�tp(e inside ttte housepreferatsl ktah end i pasitste a first drawX!5 rnini►te and t5 rniite aainple"at tTe w11 hei to detecne the sate of the 1ei�d an�tci�eop�er: he fdltowing sulzatana 's xcqL a ed c r )dr kr�twater standards Your�+ater can�c scd to drtatci�� 00,kid vuas Ji Q,- rring;bathing atid: havwering based fla the a tc ch to {{(rpults att�,but sesthi�� rz i ems, such as .t step actor, at tng rce(ain,etc.May oiler r. oa. y"waOL 0 iasta�'l a haiiseh�td grater ooatm�nt system, to dtlress aesthetic pr€bleitrs_ Barc�rn. Cacin<iiurri �:�r� urri iuorrde- ;�n. �� esii�ai tv[ait titise . Seletum Stever_, " _ uric Fr r atvr rt ornrtc n r"r g +��Jir yvtre Wit,Waiter resu Is, ?rb-i�lfec ter ut !9-71,7 S4 t 11. V I V\lat Bolo cal i l l s results ecommendations 'Co' ;as � 1 �tate Sample IU0: ` Laca.E ?' X� evrew T7Ee � Reviewer. �` Rita Sarap[e 21 Cuc�f�rniat, Sam ple (`l `, t,qc#*;t Department Telephone. 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Most coliform bacteria will not likely cause illness. Testing for all possible disease causing organisms is However, these bacteria are used as indicators.in complex, time consuming and expensive. Usually, water tests because their presence indicates that in order to determine the water quality of your well, disease-causing organisms (pathogens) could also testing is done for three different groups of coliform be in the water. The presence of some types of bacteria; each has a different level of risk to human coliform bacteria in the water signal the presence of health. feces or sewage waste. Feces and sewage wastes Total coliform bacteria are commonly found in the are usually the source of the disease-causing environment (For example, soil or plants) and are organisms. generally harmless. Fecal coliform bacteria are a sub-group of total coliform bacteria. They appear in great quantities in the intestines and feces of people and animals. The • Bacteria that cause diarrhea and vomiting, presence of these bacteria indicates that your well water is contaminated with feces or sewage, and it •. Protozoa that cause dysentery, has the potential to cause disease. • Viruses that cause polio and hepatitis, and Escherichia cold is a sub-group of the fecal coliform • Helminths, such as roundworms and tapeworms, group. These kinds of bacteria are found in great that cause chronic diarrhea. quantities in the intestines of people and warm- blooded animals. Some strains, however, can cause If you think you might be sick from disease-causing illness. The presence of this organism indicates organisms in your well water, contact your doctor fecal contamination of your well and a high risk for and show him/her your water test results. illness from disease-causing organisms. Children and the elderly are at a higher risk of You should test your well for coliform bacteria the harmful health effects of disease-causing every year. organisms in drinking water. (continued) • Do not drink the water. Get bottled water, or Coliform Bacteria: www.epa.gov/OGWDW/hfacts.html Boil the water for 1 minute before drinking or cooking with it. How to disinfect your water and your well: www.deh.enr.state.nc.us/welldisinf.htm Dsinfec ourwell. Yuay wantto contact wwwncelldriller.org/documents/ well professional to disinfect or chlorinate your DisinfectaWater.Well_rev2007.6.pdf well, or contact the environmental health program at youi Local health department for instructions on bcr to do n yauifself This,fact sheet answers�the most frequently asked health uestions FA Re-sample and re test,your we([water after q, ( Qs %about coliform bacterra c frmatio is tmPotanThh t because some colifor _ bacteria have the potiial to cause iNness. 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JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director October 10, 2016 Ellen Boyd 44 Parker Road Weaverville, NC 28787 RE: Sample ID: AC31679 &AC31872 Sample Location Address: 44 Parker Cove Road Buncombe County Dear Ms. Boyd, Please find attached the analytical results for water samples collected from your water supply well,at the address referenced above, on August 16,2016.Your drinking water was analyzed for fecal coliform bacteria,total coliform bacteria, chloride, sulfate, and various metals. _ The following table summarizes the attached analytical results (AC31679) for your water supply well. Please note that the bolded values indicate levels above the NC Groundwater Standard, 15A NCAC 02L .0202. The results are shown in units of micrograms per liter of water (ug/1) and are approximately equivalent to parts per billion (ppb). USEPA Maximum NC Groundwater Concentration Detected Analytes Contaminate Level Standard In Your Drinking Water Concentration Units Concentration Units Concentration Units Aluminum 500 ppb Barium 2,000 ppb 700 ppb 38 ppb Calcium 5,600 ppb Chloride 250,000 ppb 2,900 ppb Copper, 1,300 ppb 1,000 ppb 6.1 ppb Iron 300 ppb 1,000 ppb Magnesium 2,300 ppb Potassium 2,700 ppb Sodium 6,900 ppb Strontium 96 ppb Sulfate 250,000 ppb 5,800 ppb The following table summarizes the attached coliform bacteria results (AC31872) for your water supply well. Please note that the bolded values indicate levels above the NC Groundwater Standard, 15A NCAC 02L.0202. The results are shown in colony forming units State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70,Swannanoa,North Carolina 28778 828-296-4500 Ellen Boyd October 10,2016 Page 2 of 3 per 100 milliliters of water or CFU/100 ml. NC Groundwater Standard Concentration Detected in Analytes Your Drinking Water Concentration Units Concentration Units Total coliform bacteria 1 CFU 100 ml 47 CFU 100 ml Fecal coliform bacteria 1 1 CFU 100 ml Not detected CFU 100 ml Total coliform bacteria and iron are present at concentrations that exceed the applicable groundwater standards. Chloride, sulfate, and a number of metals are also present but their concentrations do not exceed the applicable groundwater standards. It is important to note that many of these constituents are fairly common for groundwater quality in western North Carolina. Because there are constituents present in your drinking water, a Health Risk Evaluation (HRE) was performed by North Carolina Department of Health and Human Services toxicologist, Kennedy Holt. The HRE,which is enclosed,makes specific recommendations for use of your water based on these results. Please note that I have included fact sheets on total coliform bacteria and the shock chlorination of water supply wells for your review. The Asheville Regional Office has completed their groundwater investigation of seven private water supply wells along Parker Cove Road in Buncombe County.A common complaint among residents was the presence of excess sediment in their drinking water shortly after the use of high explosives at the adjacent Maple Trace development in June 2016. Sediment buildup at some water supply wells was so severe that it required the well pump to be raised. The analytical results did detect elevated concentrations of iron and manganese at some wells but this appears to be a naturally-occurring issue that predates the use of high explosives.An inspection of the Maple Trace development found that the blasting was limited to the shallow subsurface and did not extend to the water table,which can vary from 25 feet to 100 feet below the land surface.What has likely transpired is that ground vibrations produced by the blasting has dislodged iron precipitate or scale that has built up over time on the walls of the well casing and bedrock borehole.This investigation has not collected any evidence that would indicate any lasting changes to the quality of groundwater serving the Parker Cove Road residents. ,,ten Boyd October 10,2016 Page 3 of 3 If you have questions concerning the Health Risk Evaluation, please contact Kennedy Holt at (919) 707-5910. If you have any additional questions or concerns, please contact me at (828) 296-4681 or brett.laverty@ncdenr.gov: Sincerely, Brett Laver Water Quality Regional Operations Asheville Regional Office Attachment: Health Risk Evaluations by Kennedy Holt DWR laboratory analytical results Coliform bacteria fact sheets Water supply well shock chlorination fact sheet CC: ARO file Buncombe County Health Department w/attachments t �� .� ' �; -_ __ North Carolina Division of Water Resources Water Sciences Section Laboratory Results LLEN BOYD PARKER COVER RD WEAVERVILLE,NC Sample ID: AC31679 BUNCOMBE Collector: B LAVERTY VisitlD PO Number# ARO Report To ARO Location ID: IC1144PARKER Date Received: 08/18/2016 n Collect Date: 0 811 6/2 0 1 6 Priority ROUTINE Time Received: 08_35 icy Collect Time: 12_15 Sample Matrix: GROUNDWATER Labworks LoginlD MSWIFT .1' res/No Sample Depth Loc.Type: Water Suaaly Delivery Method NC Courier Final Report Date: 9115/16 Report Print Date: 10/04/2016 Final Report If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. Result/ Method Analysis CAS# Analyte Name PQL Qualifier Units Reference Date validated by LAB Sample temperature at receipt by lab 2.2 °C 8/18/16 MSWIFT WET Bromide 0.4 0.4 U mg/L EPA 300.0 rev2.1 8/18/16 CGREEN Chloride 1.0 2.9 mg/L EPA 300.0 rev2.1 8/18/16 CGREEN Fluoride 0.4 0.4 U mg/L EPA 300.0 rev2.1 8/18/16 CGREEN Sulfate 2.0 5.8 mg/L EPA 300.0 rev2.1 8/18/16 CGREEN MET 7440-22-4 Ag by ICPMS 1.0 1.0 U ug/L EPA200.8 Rev5A 8/24/16 ESTAFFORD1 7429-90-5 Al by ICP 50 500 ug/L EPA 200.7 Rev4.4 8/31116 ESTAFFORDI 7440-38-2 As by ICPMS 2.0 2.0 U ug/L EPA200.8 Rev5.4 8/24/16 ESTAFFORD1 7440-38-3 Ba by ICP 10 38 ug/L EPA 200.7 Rev4.4 8/31/16 ESTAFFORD1 7440-70-2 Ca by ICP 0.10 5.6 mg/L EPA 200.7 Rev4.4 8/31/16 ESTAFFORD1 74 9 Cd by ICPMS 0.50 0.50 U ug/L EPA 200.8 Rev5.4 8/24/16 ESTAFFORD1 7440-48-4 Cobalt by ICP 50 50 U ug/L EPA 200.7 Rev4.4 8/31/16 ESTAFFORD1 7440-47-3 Cr by ICPMS 5.0 5.0 U ug/L EPA200.8 Rev5.4 8/24/16 ESTAFFORD1 7440-50-8 Cu by ICPMS 2.0 6.1 ug/L EPA 200.8 Rev5.4 8/24116 ESTAFFORD1 7439-89-6 Fe by ICP 50 1000 ug/L EPA 200.7 Rev4.4 8131/16 ESTAFFORD1 7439-97-6 Hg 245.1 0.2 0.20 U ug/L EPA245.1 Rev3 8/24/16 ESTAFFORD1 7440-09-7 K by ICP 0.10 2.7 mg/L EPA 200.7 Rev4.4 8/31/16 ESTAFFORD1 7439-95-4 Mg by ICP 0.10 2.3 mg/L EPA 200.7 Rev4.4 8/31116 ESTAFFORD1 7439-96-5 Mn by ICP 10 10 U ug/L EPA 200.7 Rev4.4 8/31/16 ESTAFFORD1 7439-98-7 Mo by ICPMS 10 10 U ug/L EPA200.8 Rev5.4 9/1/16 ESTAFFORD1 mg/L EPA Rev4.4 8131116 ESTAFFORD1 7440-23-5 Na by ICP 0.10 6.9 7440-02-0 Ni by ICPMS 2.0 2.0 U ug/L EPA200.8 Rev5.4 8/24/16 ESTAFFORD1 7439-92-1 Pb by ICPMS 2.0 2.0 U ug/L EPA200.8 Rev5.4 8124/16 ESTAFFORD1 7782-49-2 Se by ICPMS 1.0 1.0 U ug/L EPA200.8 Rev5.4 8/24/16 ESTAFFORD1 7440-24-6 Sr by ICPMS 10 96 ug/L EPA200.8 Rev5.4 9/1/16 ESTAFFORD1 7440-66-6 Zn by ICPMS 10 10 U ug/L EPA200.8 Rev5A 8/24/16 ESTAFFORD1 WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL Page 1 of 1 North Carolina Division of Water Resources Water Sciences Section Laboratory Results _lien Boyd 44 PARKER COVE RD,WEAVERVILLE,NC Sample ID: AC31872 BUNCOMBE Collector: B LAVERTY VisitlD PO Number# ARO ARO Report To ARO Location ID: 1C1144PARKER Date Received: 0811612016 ,in Collect Date: 08/16/2016 Priority ROUTINE Time Received: 14_30 ncy Collect Time: 12_16 Sample Matrix: GROUNDWATER Labworks LoginlD KJIMISON2 (es/No Sample Depth Loc.Type: Water Supply Delivery Method Hand delivered Final Report Date: 9/21/16 Report Print Date: 10/04/2016 Final Report If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. Result/ Method Analysis CAS# Analyte Name PQL Qualifier Units Reference Date Validated by ARO COliform, MF Fecal in liquid 1 1 B2 CFU/100ml APHA9222D-20th 8/16/16 ESTAFFORDI Coliform, MF Total in liquid 1 47 CFU/100ml APHA92226-20th 8/16/16 ESTAFFORDI Sample temperature at receipt by lab 4.3 °C 8/16116 RBYRD WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 1 of 1 ��1 \..... ,. �/ �_� ___... P777- 0 PrivW 11 Information rtorrrt:ni e.n t i U m . ' F,or 1hot anic Chethkal tontaMinants County: Warne: Sample LD#: G16`t Iteviewer: J TEST RESULTS AND USERE'COMMENDATIONS' 1, Q Yo€tr,well water meets federal drinking water standards for tttorgantc chemicals. Your water can be usod for ng; wasincleanindrinking,-cook g,bangandshowerin &'You may,Y cc ` have ether watofsampling results that Are not taken into alwount in this report: 2. The Cotlowing substance(s)exceeded;ederal dri king water standards or the North Carolina 21,calculated health levels.The North Carolina Division o€Public l4ealth recominctids that your well water nol be used for drinking and cooking,>ulliess you install a water treatment system to remove the circled substance(s).l lowcvcr,_it mxay be used for washing,cleaning,bathing and showering based on the utoMalde clrt~t=ttical results attly. �4rsenic &m m umCadmiu Chromium Co er lluortde Lead Iron an aew+ Nlercu v_ NitratelNttr%te Selenium Silver _ Ma� nesurn ?inc� y H �ne _ `. , . 3„p a. Sodium levels exceed the U.S.Enviroomorital Protection Agency's(USEPA)Health Advisory,level for sodium of 20 mg/l The North Carolina Division of Public Realtli recommends'that only lndiv':duals on no or lose sodium restricted diets not use this:water for drinking or cooking. It tray be used for washing,cleaning, bathingi and:showering based on the Irrtronjir it,- iml result.,-Le oni - Q b.I:,evels_over 30'ir0 msy pou;aestheti-c problems Stich as bad taste,odor,staining of porcelain;etc: 4.Q Rc-sampling is reci;ntsrtei ded in tnonth.s.. 5. Q Re=sample for lead and/or copper. Take a.Crst draw,5 minute;and 15 minute sample inside the house(preferably the kit hen),and.'i€possible a first draw;5 minute at16a 15 minute sammple at the well head to determine the.source of the lead amdf'or ,copper: 6. The following substance(s)exceeded federal drinking water standards, Your water cars be used for drinking, cooking,washing,cleaning,bathing,and showering based on;the Lug.rea a citenrC esulls o but esthet'c problems such as bad taste,odor,staining of porcelain,etc.may occ()r. You m4Y want ter install a household hater treatment system to'address aesthetic problems. �Barium Cadrnicrm ` ChromiumI rluoride on iVla nesiuin Mangatiese Selenium ' Silver N;:.....,,,��., sine __,� ._ For tttore Iuforinadon regardittgYoitr well water results;.ple0e call the Mirth 0104114 DiVIS101t of Pablie 11e.a th at 9.19-707-5960. �\ '�, �� I'\. /__..., �� We I Water B ologicc-1 Analysis Results & Recommendations County:. 6 Narrre: Sample IU##: Location: 4 P,�c r Cr:7Yc 9 r Review Date- d" (G Reviewer. h tia] Sample it ContirrtiatQry Sample t2]; Local Health Department Telephone: t3 hoc Inowm badoria we're found in your well water. r a r•7,r '� • ,� tr [ r 77 YSI 3 i�FtYi'#`;1tPf'C filti:J3( r!SC�dI a3't1:J�7#?± [7gC5.ltL t.tJlt#�y d inkinu� tioo i7fu U..ksh ig,cle Iti.Igr ,aI 7ud flftPr #Tllf't"l0I ; 141, Total cotiform;bacteria were detected In the sample which indicates that baneful bactetia from human or animal waste could enter the well, bo riot Ilse, �(ixd'i7tking t7r€cank ill g terlcx�` lras IS# it hnilP=djo;'3 I7tirlttli Yoc,ttal rr e i Itr Too te7,for nli allier purposes irtchidirfg rrras'frnig dishes,F,ailli#tip,a7�Ircrrcicrt i7lx�. � ] Your well water tneeds fo be ra sampled to verify that the test-result rs accurate or a prtabtem has been resolved, j 161 Fecal eolitoun uactedavate detected In the gain Ilk T t3 tt(rr t, Prtt ,rro rLt r;�c� r r �ri�,, �Oiian "a7t7s.,lxj..l=Ati,!f�:Jlafy�.JitJra'� Y`otir sell tifater€MS`'teOed for triological�contaniiiiants ftafdl rolifarli;t atrr!ferril r ti farilt Hnctcria}' 7lrc resilltP=ttrel e t't>ntt#algid_rsirr jede'al drinkl f� t#uifer sta#ttfar'rls be eo the w-sarlrpling shoto carnarnitlaHol,t rf€ol rjor•lir bacielia,€oatact your local health r epar tlif Ill]ar assistnftce, There 2xny be a yrobler7 whir the r7Stracifail of die o'cil,'il7G r r r#uiftirrr�li.t'Strifrit,:e7 Opej(iifi?f.o'�tile i e'lJ. TJ:C fi df,!ix,43 r1' . ins eell od J1l(.f1m,tor.r�ll,7'!"ll.p:Pa;ti+tl.'irt or 0 local !'.'JJ: rontractar to 4eterillnre the problelft tooth the hell and to'give giddhilce on JfUta is iorred On!l7robtt'IIt-., T'ottlt€alifni�rrr bilcterirt arc fartttd iri seitl nr3#3 fecal califG�rui fir€lerin al�r(otrtiti in ntfi#SraJ t?itrt hrr7uaa rt>nste. 7i3tnl eolifa7'rr7 ar fr'rnJ ratifararf Hartrriir=ili IPre1J water malt indicate that the well Inay havie striPclurrl prikloins or that tits rtlell'rtias 1101 ll,crpcFrr~4 i{t�il}h"aril, If i atf hate Hceri(lt'inkiiig well'ulntcr calif are Pregnant,rt!rr,irr,�,lratrt a child'M llte household rimier 5 years of age,or invillmoroatyrail7 se#t(sticii#r. all individual t(iiiit AIDS,cancer,holraiiti dal,/,f�:ar.�,hitiica1 proreilftnf=)hifc.,n yOUr he,,Ith cane prof ider,of!hw:;B f;stflt$(it y`)tr, next If the co,rtir3,lir,ativrr cf7,itillires,you shoold iutrestigate Illy Possibility ttfdrilling a new well or install a ppirtl-aklitry riishtfec'tion falit itllieh€nn:Ilse Chlorine;altraviolet_light,or Ozone. >�ttti7re tt ll tt+nfer s>trrrJ,tin�is w(vinnielldett every year ra)-bacleri rt-ntfd Irilri'lles. Sainpie you ,icll wheir there is rta7rctaa2t jlt�aHJerlr dr€antarr7J+iri3rou iii Pytsf#r arvil,afler repari•,a well,or aftlr'afloodifrg#ilevl; Ftrr fttrtlrrr ilrfarrr7at t33l,rant rt yor#r IiiraC heallh departure##l. Revised December 2011M16ti Safety- it 27tti3:fr"e i.l3utiticiivaltl2.IfC.r OYI(}11 hS{71C:ISr1L t.t1lii �� ,� _ �.l �� ill __. 6"�44 i 1 i o j r - r ! I Ia altr • !- • t f I ��.. ttt � s � � t t I I -! • ea- t I • I I ! a a ! • Most coliform bacteria will not likely cause illness. Testing for all possible disease causing organisms is However, these bacteria are used as indicators in complex, time consuming and expensive. Usually, water tests because their presence indicates that in order to determine the water quality of your well, 'disease-causing organisms (pathogens) could also testing is done for three different groups of coliform be in the water. The presence of some types of bacteria; each has a different level of risk to human coliform bacteria in the water signal the presence of health. feces or sewage waste. Feces and sewage wastes Total coliform bacteria are commonly found in the are usually the source of the disease-causing environment (For example, soil or plants) and are organisms. generally harmless. Fecal coliform bacteria are a sub-group of total coliform bacteria. They appear in great quantities in the intestines and feces of people and animals. The • Bacteria that cause diarrhea and vomiting, presence of these bacteria indicates that your well water is contaminated with feces or sewage, and it • Protozoa that cause dysentery, has the potential to cause disease. • Viruses that cause polio and hepatitis, and Escherichia coli is a sub-group of the fecal coliform group. These kinds of bacteria are found in great • Helminths, such as roundworms and tapeworms,that cause chronic diarrhea. quantities in the intestines of people and warm- blooded animals. Some strains, however, can cause If you think you might be sick from disease-causing illness. The presence of this organism indicates organisms in your well water, contact your doctor fecal contamination of your well and a high risk for Cl",,,,and show him/her your water test results. illness from disease-causing organisms. Children and the elderly are at a higher risk of You should test your well for coliform bacteria the harmful health effects of disease-causing every year. organisms in drinking water. (continued) Do not drink the water. 'Get bottled water, or Coliform Bacteria: www.epa.gov/OGWDW/hfacts.htmi ► Boil the water for 1 minute before drinking or cooking with it. 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JJ 5- n —V Cu y O .�� a " -Q (U y U G t G O 1 J r t �- - i� r O u i Cy O [ �� v0 y J Cy U — ✓ 9 _TJ LCJ PAT MCCRORY �• Governor has DONALD R. VAN DER VAART Secretary Water Resources ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN Director October 10, 2016 DWR# 16-0758 Macon County Wayne G. Moss 641 Wiley Brown Road Franklin, NC 28734 Will Metcalfe, PWS Duke Energy Carolinas, LLC 526 South Church Street Charlotte, NC 28202 State of North Carolina Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Moss-Dowdle Mountain Access Culvert Project Dear Mr. Moss & Mr. Metcalfe: You have our approval for the impacts listed below for the purpose described in your application dated August 2, 2016, and received by the Division of Water Resources (Division) on August 3, 2016 with additional information received on October 7, 2016. These impacts are covered by the attached Water Quality General Certification Number 3884 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Number 12 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are meta No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70 1 Swannanoa,North Carolina 28778 828 296 4500 Moss-Dowdle Mountain Access Culvert Project DWR#16-0758 401 Approval Page 2 of 4 Type of Impact Amount Approved Amount Approved (units) , (units) Permanent Temporary Streams Impact S1 45 ft. Impact S2 85 ft. 2. This approval is for the purpose and design described in your application.The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification(s) and is responsible for complying with all conditions.[15A NCAC 02H .0507(d)(2)] 3. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer),and then annually until the site is stable (particularly after storm events) and vegetation is successful. Any failures of structures, streambanks, or vegetation may require future ' repairs or replacement,which requires coordination with the Asheville Regional Office to ensure the stability and water quality of the stream and.downstream waters. [15A NCAC 02H .0506(b)(2) and (b)(3)] 4. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Asheville Regional Office at 828.296.4500 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 0213 .0200 (3)(f), and GS 143 Article 21A] 5. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3)and (c)(3) and 15A NCAC 02B .0200 (3)(f)] Moss-Dowdle Mountain Access Culvert Project DWR#16-0758 401 Approval Page 3 of 4 6. The proposed project shall follow the recommendations stated in the North Carolina Wildlife Resources Commission (NCWRC) comment letter dated August 11, 2016 (attached) to the maximum extent practicable. [15A NCAC 02H .0506(b)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty(60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Moss-Dowdle Mountain Access Culvert Project\, DWR#16-0758 401 Approval Page 4 of 4 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Tim Fox at 828-296-4664 or tim.fox@ncdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC`3884 Certificate of Completion NCWRC Letter dated October 11, 2016 cc: David Brown — USACE Asheville Regulatory Field Office (via email) Andrea Leslie—NCWRC (via email) Stan Aiken —Division of Energy, Mineral, and Land Resources (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit (via email) G:\WR\WQ\Macon\401s\Non-DOT\Moss McDowdle Mountain Access Culvert Project\APRVL.Moss-DowdleMountainAccessCulvertProject 10- 10-16.docx L� PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary Water Resources ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN Director October 10, 2016 Bill Geouge 34 Terrace Drive Weaverville, NC 28787 RE: Sample ID: AC31680 &AC31873 Sample Location Address: 63 Parker Cove Road Buncombe County Dear Mr. Geouge, Please find attached the analytical results for water samples collected from your water supply well, at the address referenced above, on August 16, 2016.Your drinking water was analyzed for fecal coliform bacteria,total coliform bacteria, chloride, sulfate, and various , metals. The following table summarizes the attached analytical results (AC31680) for your water supply well. Please note that the bolded values indicate levels above the NC Groundwater Standard, 15A NCAC 02L .0202. The results are shown in units of micrograms per liter of water (ug/1) and are approximately equivalent to parts per billion (ppb). USEPA Maximum NC Groundwater Concentration Detected Analytes Contaminate Level Standard in Your Drinking Water Concentration Units Concentration Units Concentration Units Barium 2,000 ppb 700 ppb 150 ppb Calcium 15,000 ppb Chloride 250,000 ppb 29,000 ppb Copper 1,300 ppb 1,000 ppb 120 ppb Iron 300 ppb 230 ppb Lead 15 ppb 15 ppb 19 ppb Magnesium 4,900 ppb Manganese 50 ppb 13 ppb Nickel 100 ppb 5.4 ppb Potassium 2,900 ppb Sodium 9,100 ppb Strontium 300 ppb Sulfate 250,000 ppb 16,000 ppb Zinc 1,000 b 52 ppb State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70,Swannanoa,North Carolina 28778 828-296-4500 Bill Geouge October 10,2016 Page 2 of 3 The following table summarizes the attached coliform bacteria results (AC31873) for your water supply well.The results are shown in colony forming units per 100 milliliters of water or CFU/100 ml. NC Groundwater Standard Concentration Detected in Analytes Your Drinking Water Concentration Units Concentration Units Total coliform bacteria 1 CFU 100 ml Not detected CFU 100 ml Fecal coliform bacteria 1 CFU 100 ml Not detected CFU 100 ml There were no coliform bacteria detected in your drinking water at this time. Lead was detected at a concentration that exceeds the applicable groundwater standard. Chloride, sulfate, and a number of metals are also present but their concentrations do not exceed the applicable groundwater standards. It is important to note that many of these constituents are fairly common for groundwater quality in western North Carolina. Because there are constituents present in your drinking water, a Health Risk Evaluation ;- (HRE) was performed by North Carolina Department of Health and Human Services J toxicologist, Kennedy Holt.The HRE,which is enclosed, makes specific recommendations for use of your water based on these results. Please note that I have include a fact sheet on lead in drinking water for your review. The Asheville Regional Office has completed their groundwater investigation of seven private water supply wells along Parker Cove Road in Buncombe County.A common complaint among residents was the presence of excess sediment in their drinking water shortly after the use of high explosives at the adjacent Maple Trace development in June 2016. Sediment buildup at some water supply wells was so severe that it required the well pump to be raised. The analytical results did detect elevated concentrations of iron and manganese at some wells but this appears to be a naturally-occurring issue that predates the use of high explosives.An inspection of the Maple Trace development found that the blasting was limited to the shallow subsurface and did not extend to the water table,which can vary from 25 feet to 100 feet below the land surface.What has likely transpired is that ground vibrations produced by the blasting has dislodged iron precipitate or scale that has built up over time on the walls of the well casing and bedrock borehole. This investigation has not collected any evidence that would indicate any lasting changes to the quality of groundwater serving the Parker Cove Road residents. All Geouge October 10,2016 Page 3 of 3 If you have questions concerning the Health Risk Evaluation, please contact Kennedy Holt at (919) 707-5910. If you have any additional questions or concerns, please contact me at (828) 296-4681 or brett.laverty@ncdenr.gov. Sincerely, Cw -._. Brett 1, rverty Water QUa1' Regional Operations Asheville Regional Office Attachment: Health Risk Evaluations by Kennedy Holt DWR laboratory analytical results Lead in Drinking Water fact sheet cc: ARO file Buncombe County Health Department w/attachments /�-_./ ``�_/ '...` _/I _._. _.. _ North Carolina Division of Water Resources Water Sciences Section Laboratory Results -ILL GEOUGE-63 PARKER COVE RD WEAVERVILL.NC Sample ID: AC31680 BUNCOMBE Collector: B LAVERTY VisitlD PO Number# ARO Report To ARO Location ID: 1C1163PARKER Date Received: 08/18/2016 ,m Collect Date: 0 8/1 612 0 1 6 Priority ROUTINE Time Received: 08_35 ncy Collect Time: 13_04 Sample Matrix: GROUNDWATER Labworks LoginlD MSWIFT -Yes/No Sample Depth Loc.Type: Water Supply Delivery Method NC Courier Final Report Date: 9/15/16 Report Print Date: 10/04/2016 Final Report If this report is labeled preliminary report, the results have not been validated Do not use for Regulatory purposes. Result/ Units Method Analysis CAS# Analyte Name PQL Qualifier Reference Date Validated by LAB Sample temperature at receipt by lab 2.2 °C 8/18/16 MSWIFT WET Bromide 0.4 0.4 U mg/L EPA 300.0 rev2.1 8/18/16 CGREEN Chloride. 1.0 29 mg/L EPA300.0 rev2.1 8/18116 CGREEN Fluoride 0.4 0.4 U mg/L EPA300.0 rev2.1 8/18/16 CGREEN Sulfate 2.0 16 mg/L EPA 300.0 rev2.1 8/18/16 CGREEN MET 7440-22-4 Ag by ICPMS 1.0 1.0 U ug/L EPA200.8 Rev5.4 8/24/16 ESTAFFORD1 7429-90-5 Al by ICP 50 50 U ug/L EPA200.7 Rev4A 8/31/16 ESTAFFORD1 7440-38-2 As by ICPMS 2.0 2.0 U ug/L EPA200.8 Rev5.4 8/24116 ESTAFFORD1 7440-38-3 Ba by ICP 10 150 ug/L EPA200.7 Rev4.4 8/31/16 ESTAFFORD1 7440m70-2 Ca by ICP 0.10 15 mg/L EPA200.7 Rev4.4 8/31116 ESTAFFORD1 74s 9 Cd by ICPMS 0.50 0.50 U ug/L EPA200.8 Rev5A 8124/16 ESTAFFORD1 7440-48-4 Cobalt by ICP 50 50 U ug/L EPA200.7 Rev4.4 8/31/16 ESTAFFORD1 7440-47-3 Cr by ICPMS 5.0 5.0 U ug/L EPA200.8 Rev5.4 8/24/16 ESTAFFORD1 7440-50-8 Cu by ICPMS 2.0 120 ug/L EPA200.8 Rev5.4 8/24/16 ESTAFFORD1 7439-89-6 Fe by ICP 50 230 ug/L EPA200.7 Rev4.4 8/31/16 ESTAFFORD1 7439-97-6 Hg 245.1 0.2 0.20 U ug/L EPA245.1 Rev3 8/24/16 ESTAFFORD1 7440-09-7 K by ICP 0.10 2.9 mg/L EPA200.7 Rev4.4 8/31116 ESTAFFORD1 7439-95-4 Mg by ICP 0.10 4.9 mg/L EPA200.7 Rev4.4 8/31/16 ESTAFFORD1 7439-96-5 Mn by ICP 10 13 ug/L EPA200.7 Rev4.4 8/31116 ESTAFFORD1 7439-98J Mo by ICPMS 10 10 U ug/L EPA200.8 Rev5A 9/1116 ESTAFFORD1 7440-23-5 Na by ICP 0.10 9.1 mg/L EPA200.7 Rev4.4 8/31/16 ESTAFFORD1 7440-02-0 Ni by ICPMS 2.0 5.4 ug/L EPA200.8 Rev5.4 8/24/16 ESTAFFORD1 7439-92-1 Pb by ICPMS 2.0 19 ug/L EPA200.8 Rev5.4 8/24/16 ESTAFFORD1 7782-49-2 Se by ICPMS 1.0 1.0 U ug/L EPA200.8 Rev5.4 8/24116 ESTAFFORD1 7440-24-6 Sr by ICPMS 10 300 ug/L EPA200.8 Rev5.4 9/1/16 ESTAFFORD1 7440-66-6 Zn by ICPMS 10 52 ug/L EPA200.8 Rev5.4 8/24/16 ESTAFFORD1 WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 1 of 1 �_ j _\ . � `� ; _ _ North Carolina Division of Water Resources Water Sciences Section Laboratory Results Al Geouge 63 PARKER COVE RD,WEAVERVILLE,NC Sample ID: AC31873 BUNCOMBE Collector: B LAVERTY VisitlD PO Number# ARO ARO Report To ARO Location ID: . 1CI163PARKER Date Received: 08/16/2016 A Collect Date: 08/16/2016 Priority ROUTINE Time Received: 14:30 icy Collect Time: 13_04 Sample Matrix: GROUNDWATER Labworks LoginlD KJIMISON2 Yes/No Sample Depth Loc.Type: Water Supply Delivery Method Hand delivered Final Report Date: 9/21/16 Report Print Date: 10/04/2016 Final Repo If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. Result/ Method Analysis CAS# Analyte Name PQL Qualifier Units Reference Date Validated by ARO COliform, MF Fecal in liquid 1 1 B2 CFU/100ml APHA9222D-20th 8/16/16 ESTAFFORD1 Coliform, MF Total in liquid 1 1 B2 CFU/100ml APHA92226-20th 8/16116 ESTAFFORDI Sample temperature at receipt by lab 4.3 °C 8/16/16 RBYRD WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 1 of 1 f aim n� Use Ro= cou I i t Y. , A,mo, TE "I< u vllr i?itserratriiin :war stdardsor ' t� us. rufr .i tsdr; driAin ,0dQk" %W— $h g;. lCAA g,`batltr g sh€twerin based an:tho finer aide a lc re �rre! 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Zaslow,Extension Housing Specialist Published by: North Carolina Cooperative Extension Service Publication Number: BE-395 Last Electronic Revision: March 1996 (JWM) What Are the Effects of Lead? Exposure to low levels of lead over an extended period of time can have severe effects. Too much lead can damage your brain, kidneys, nervous system, and red blood cells. Those at the greatest risk, even with short-term exposure, are young children and pregnant women. According to the U.S. Environmental Protection Agency (EPA), lead dosage that would have little effect on an adult can harm a small child. Lead in drinking water can be a problem for infants whose diet consists of liquids-such as baby formula made with water. Since they are growing, children absorb lead more rapidly than adults. That lead can then impair a child's development, resulting in learning disabilties or stunted growth. How Does Lead Contaminate Drinking Water? Most of the lead in drinking water in North Carolina comes from the lead in the plumbing in he house, not from the local treatment plant or well. Lead-contaminated drinking water is most common in recently constructed or very old homes. Many homes built in the early 1900's used lead pipes for interior plumbing. Lead piping was also used for many service cormections that join homes to public water supplies. In 1986,. a nationwide ban restricted the use of lead pipes for drinking water supplies. When copper pipes replaced lead pipes, lead solder and flux were often used to join the pipes. Lead solder is a major cause of lead contamination in drinking water today. The N.C. Building Code Council banned lead solder in 1985. Since 1988, solder that has a lead content over 0.2 percent must be labeled to say that it cannot be used for joints or fittings in any private or public drinking water system. Homes with plastic drinking water lines,which are glued rather than soldered, should not have problems with lead contamination from pipes. However, household faucets may be a significant source of lead contamination. Chrome-plated faucets are generally made of brass, which contains 3 to 8 percent lead. Contamination can occur when water comes in contact with these fixtures The pH(acidity or alkalinity) of the water affects how easily lead dissolves from pipes, solder, or fixtures into the water. Corrosive water(which has a very high or very low pH) can dissolve lead from the supply pipes, faucets, or solder and flux used to connect copper pipes. Water can be tested to determine whether it is corrosive. Soft(water with a low mineral content), acidic water can dissolve lead from the pipes or solder of household water systems. Water with a high mineral content may offer some protection from lead pipes or solder, as a mineral buildup on the inside of pipes prevents contact between water and the lead pipes or solder. Does Your Home Drinking Water Contain Lead? Have the water in your home tested. Some cities and counties conduct lead tests for free or a small charge. Private laboratories can test water; the fees range from$25 to $75. The North Carolina Cooperative Extension Service center in your county or the public health department can help identify certified private labs who do these tests. Mail-order labs can also be used to test for lead and other drinking water contaminants. Testing is the only way to tell if there are harmful levels of lead in your drinking water. You should.consider testing if. . your home has lead pipes (pipes are dull grey, soft enough to be scratched with a knife or key). . your home has copper plumbing and/or chrome-plated fixtures. . you see signs of corrosion from your water(frequent leaks, rust-colored water, stained sinks, dishes or laundry). . you use water from a private well. Private water supplies can contain lead in the plumbing or the fixtures, or both. If you live in a high-rise building, you may also want to test, because lead may not be as easily flushed out of the water system in these structures. You may also want to contact your water supplier to learn if the service cormection that joins your home to the public water supply contains lead. How Do You Test? A certified lab will analyze water samples using the EPA's sampling and analysis procedures. Be sure to have a "first drawn sample and a Ufully flushed" sample analyzed. The first draw sample should be collected after water has sat undisturbed for at least six hours. The first draw sample should have the highest level of lead. The fully flushed sample should be collected after the water has been running from .le tap for several minutes, at least until the water becomes noticeably cooler. This two-sample procedure indicates whether flushing the tap can reduce the lead to safe levels. You may be asked to take samples from all the drinking water taps in your home. How Can You Treat Water To Remove Lead? There are simple steps you can take if you suspect lead contamination or if testing shows that flushing the tap reduces lead levels. . Flush the water taps or faucets. Do not drink water that has been sitting in the plumbing lines for more than six hours.The longer that water sits in pipes, the greater the exposure to lead and possible contamination. Before using water for drinking or cooking, run the cold water faucet for two to three minutes, until you can feel that water has become as cold as it can get. You should do this for each drinking water faucet. Allowing the water to run an extra 15 seconds after it feels cold should flush the service connector as well. . Use only cold water for cooking and drnking. Hot water dissolves lead more quickly than cold water. Using cold water is especially important if you are preparing baby formula. Heat the water you need for formula on the stove or in the microwave oven. (Do not mix the water with formula or baby food and then heat it in the microwave. Uneven heating could result in "hot spots" that could bum baby's mouth.) . Use bottled or distilled water. This water can be used for drinking and cooking if flushing the taps does not lower lead levels, or if your home has lead pipes. . Treat well water to make it less corrosive. . If you are building a home, state in writing that only lead-free materials are to be used for plumbing installation. . Use lead-free materials when repairing plumbing or remodeling. Do Filters Reduce Lead Levels? Calcite filters can be installed between the faucet and any lead service connectors or lead-soldered pipes. Point-of-use filters like reverse osmosis and distillation units can also be used. They must be maintained to be effective. Activated carbon filters, sand filters, and cartridge or microfilter filters do NOT reduce lead levels, according to the EPA. When lead is a problem, water softeners should not be connected to pipes leading to drinking water taps. New Legislation for Lead People can be exposed to lead from many sources, including air, soil, dust, food and water. Because of concerns about the health effects of lead, standards have been tightened to reduce total exposure to lead. The EPA has also reduced the amount of lead permitted in drinking water. Since much of the lead which appears at the tap comes from household lines, rather than from the water supply itself, there is no longer a "Maximum Contaminant Level" (MCL)in place for lead. (An MCL is defined as the limit on the amount of a contaminant which may legally be present in municipally- supplied water). Instead, an "action level" of 15 parts per billion (15 ppb)has been established for lead in tap water. Other ways to express this level are 15 micrograms per liter(ug/L), 0.015 parts per million (ppm) or 0.015 milligrams per liter (mg/L). In addition, water systems have been informed that they should supply water which is free of lead. This is a non-enforceable goal, unless significant contamination is detected at the tap in homes supplied by the system. Each municipal system must now target ahigh riskn households (based on materials used in the delivery system and other factors) and analyze tap water samples from these households for lead. If the lead level exceeds the 15 ppb action level in 10 percent or more of the taps sampled, then these three steps must be initiated by the supplier: 1. Corrosion control to adjust water pH so that it is less likely to damage pipes, solder, or fixtures, or any combination of the three. This will reduce the release of lead into the drinking water. 2. Source water treatment to reduce the amount of lead in the water as it leaves the municipal supply. 3. Public education to inform customers of the health effects of lead. Finally, if the above steps do not reduce the lead level at the tap to the 15 ppb action level, then the municipal system must replace lead delivery system components which contribute more than 15 ppb to tap water lead levels. Contact the North Carolina Cooperative Extension Service center in your county for additional in- formation and publications on water quality. Also, the EPA has a toll-free DrirMing Water Hotline to answer your questions about drirMing water testing and drinking water safety. Their number is 1-800-426-4791. References Lead and Your Drinking Water. April, 1987. Office of Water, United States Envirorlmental Protection Agency. Lead in Drinking Water. Wagnet, Linda and Ann Lemley. 1987. Cornell Cooperative Extension. Cornell University. Lead: Water Quality Fact Sheet 6. Plowman, Faye T. Cooperative Extension, University of New Hampshire. "Lead in Water Can Be A Problem in New Homes." Mather, Tom. The News and Observer, Raleigh, NC. June 19, 1989, IA, 4A. Get the Lead Out! January, 1989. City of Raleigh Public Affairs Department. "The Pollutants That Matter Most: Lead, Radon, Nitrate." Consumer Reports. January, 1990 30- 32. Lead and Copper Rule. US Environmental Protection Agency. Office of Water, WH550A. EPA 57019-91- 400, June 1991. Distributed in furtherance of the Acts of Congress of May 8 and June 30, 1914. Employment and program opportunities are offered to all people regardless of race, color, national origin, sex, age, or disability. North Carolina State University, North Carolina A&T State University, U.S. Department of Agriculture, and local governments cooperating. State of North Carolina Department of Environmental Quality Division of Water Resources Water Quality Permitting Regional Staff Report October 11, 2016 To: DWR Water Quality Permitting Section Central Office Application No.: WQ0020680 Attn: David Goodrich Regional Login No.: From: Bev Price Asheville Regional Office I. GENERAL SITE VISIT INFORMATION 1. Was a site visit conducted? ® Yes or❑No a. Date of site visit: 10/10/2016 b. Site visit conducted by: Bev Price c. Inspection report attached? ®Yes or❑No d. Person contacted: Tim Parton, Owner and their contact information: (828)286-9069 e. Driving directions: Hwy 221 south to Gilkey. Facility is located on the left. PROPOSED FACILITIES FOR NEW AND MODIFICATION APPLICATIONS 1. Facility Classification: (Please attach completed rating sheet to be attached to issued permit) 2. Are the new treatment facilities adequate for the type of waste and disposal system? ❑ Yes or❑No If no, explain: 3. Are site conditions(soils, depth to water table,etc)consistent with the submitted reports? ❑Yes ❑No ❑N/A If no,please explain: 4. Do the plans and site map represent the actual site(property lines,wells,etc.)? ❑Yes ❑No ❑N/A If no,please explain: 5. Is the proposed residuals management plan adequate? ❑Yes❑No❑N/A If no,please explain: 6. Are the proposed application rates(e.g.,hydraulic,nutrient)acceptable? ❑Yes ❑No ❑N/A If no,please explain: 7. Are there any setback conflicts for proposed treatment, storage and disposal sites? ❑Yes or❑No If yes, attach a map showing conflict areas. 8. Is the proposed or existing groundwater monitoring program adequate? ❑Yes ❑No ❑N/A If no, explain and recommend any changes to the groundwater monitoring program: 9. For residuals,will seasonal or other restrictions be required? ❑ Yes❑No ❑N/A If yes, attach list of sites with restrictions(Certification B) FORM:APSRSR 04-10 Page 1 of 4 III.EXISTING FACILITIES FOR MODIFICATION AND RENEWAL APPLICATIONS 1. Are there appropriately certified Operators in Charge(ORCs)for the facility? ❑ Yes ❑No ®N/A ORC: Certificate#: Backup ORC: Certificate#: 2. Are the design,maintenance and operation of the treatment facilities adequate for the type of waste and disposal system? ®Yes or❑No If no,please explain: 3. Are the site conditions(e.g., soils,topography,depth to water table, etc)maintained appropriately and adequately assimilating the waste? ❑Yes or❑No N/A If no,please explain: 4. Has the site changed in any way that may affect the permit(e.g., drainage added,new wells inside the compliance boundary,new development,etc.)? ® Yes or❑No If yes,please explain: See Section IV. 2.For comments. 5. Is the residuals management plan adequate? ®Yes or❑No If no,please explain: 6. Are the existing application rates(e.g., hydraulic,nutrient)still acceptable? ❑Yes or❑No N/A If no,please explain: 7. Is the existing groundwater monitoring program adequate? ❑Yes❑No ®N/A If no,explain and recommend any changes to the groundwater monitoring program: 8. Are there any setback conflicts for existing treatment, storage and disposal sites? ❑Yes or®No If yes, attach a map showing conflict areas. 9. Is the description of the facilities as written in the existing permit correct? ❑Yes or®No If no,please explain: See Section IV.2.for comments. 10. Were monitoring.wells properly constructed and located? ❑Yes ❑No ®N/A If no,please explain: 11. Are the monitoring well coordinates correct in RIMS? ❑Yes❑No ®N/A If no,please complete the following(ex and table if necessary): Monitoring Well Latitude Longitude O / „ O / " O I II O I l/ O 1 II O ! // O l 11 O , /I 12. Has a review of all self-monitoring data been conducted(e.g.,NDMR,NDAR,GW)? ❑Yes or❑No Please summarize any findings resulting from this review: N/A 13. Are there any permit changes needed in order to address ongoing BIMS violations? ❑ Yes or®No If yes,please explain: 14. Check all that apply: ®No compliance issues ❑ Current enforcement action(s) ❑ Currently under JOC ❑Notice(s)of violation ❑ Currently under SOC ❑ Currently under moratorium Please explain and attach any documents that may help clarify answer/comments(i.e.,NOV,NOD, etc.) 15. Have all compliance dates/conditions in the existing permit been satisfied? ❑Yes ❑No ®N/A If no,please explain: FORM:APSRSR 04-10 Page 2 of 4 ,. Are there any issues related to compliance/enforcement that should be resolved before issuing this permit? ❑Yes H No ❑N/A If yes,please explain: IV. REGIONAL OFFICE RECOMMENDATIONS 1. Do you foresee any problems with issuance/renewal of this permit? ❑Yes or®No If yes,please explain: 2. List any items that you would like APS Central Office to obtain through an additional information request: Item Reason The possibility of rescinding the permit was discussed during the site visit. The recycle system has not been used in approximately 10 years. The 400 gpm Clarify whether or not the pump and the sprayheads have been removed from the facility per Ben Parton. permit is to be renewed. The recycle pond is used to collect stormwater from the former wet-decking area. The facility does have a stormwater permit(NCG210156)that could utilize the recycle pond. This would only be required if the permittee decides to keep the Recycle permit. The current map shows a pipe"to be abandoned"on the northwest corner of the recycle pond. Verify if the pipe has been abandoned and if so, Updated site map remove from the map. The map shows a 400 gpm recycle pump from the recycle pond to the log sprinkler system. Verify if the pump has been removed and if so,remove from the map. The map shows an existing overflow line at the northwest corner of the refill pond"to be abandoned". Verify if the pipe has been abandoned and if so,remove from the map. 3. List specific permit conditions recommended to be removed from the permit when issued: Condition Reason 4. List specific special conditions or compliance schedules recommended to be included in the permit when issued: Condition Reason 5. Recommendation: ❑ Hold,pending receipt and review of additional information by regional office ®Hold,pending review of draft permit by regional office ❑ Issue upon receipt of needed additional information ❑ Issue ❑ Deny(Please stat reasons: ) r 6. Signature of report preparer: l Signature of APS regional supervisor: Date: FORM:APSRSR 04-10 Page 3 of 4 V. ADDITIONAL REGIONAL STAFF REVIEW ITEMS FORM:APSRSR 04-10 Page 4 of 4 Compliance Inspection Report Permit: WQ0020680 Effective: 06/08/07 Expiration: 05/31/16 owner: Gilkey Lumber Company Inc SOC: Effective: Expiration: Facility: Gilkey Lumber Rutherfordton Facility County: Rutherford 2250 US Hwy 221 N Region: Asheville Rutherfordton NC 28139 Contact Person: Michael B Parton Title: General Manager Phone: 828-286-9069 Directions to Facility: From Marion take Hwy.221 south to Gilkey. Facility is located on the left. System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): 24 hour contact name Tim Parton 828-287-8003 On-site representative Ben Parton 828-286-9069 Related Permits: Inspection Date: 10/10/2016 Entry Time: 09:OOAM Exit Time: 10:OOAM Primary Inspector: Beverly Price 0 Phone: 828-296-4500 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Closed-Loop Recycle Facility Status: Compliant Not Compliant Question Areas: Miscellaneous Questions (See attachment summary) Page: 1 Permit: WQ0020680 Owner-Facility:Gilkey Lumber Company Inc Inspection Date: 10/10/2016 Inspection Type:Compliance Evaluation Reason for Visit: Routine Inspection Summary: The inspection was conducted by Beverly Price and Mika[Wilmer of the Asheville Regional Office. The inspection was in conjunction with a request for permit renewal. Ben Parton assisted with the inspection. The recycle(wet-deck)system has not been used in approximately 10 years. The permittee is also considering requesting rescission of the permit as they do not anticipate starting up the wet-deck system in the future. The only water going to the system is stormwater from the former wet-deck area. The permittee also holds a Stormwater permit(NCG210156)that could possibly utilize the recycle pond. Per Mr. Parton,the 400 gpm recycle pump and the sprayheads have been removed from the system. If the permit is renewed, an updated site map should be submitted. The map should reflect the system components that are currently in place. Freeboard is being maintained in the recycle pond. The freeboard requirement is 4.4ft. Freeboard was in excess of 4.4ft. The weeds on the dam need to be mowed. Page: 2 Permit: WQ0020660 Owner-Facility:Gilkey Lumber Company Inc Inspection Date: 10/10/2016 Inspection Type:Compliance Evaluation Reason for Visit: Routine Tvpe Yes No NA NE - Reuse(Quality) ❑ Infiltration System Lagoon Spray,LR Activated Sludge Spray,LR El Single Family Spray,LR Activated Sludge Drip,LR Activated Sludge Spray,HR Single Family Drip Recycle/Reuse Page: 3 PAT MCCRORY Governor DONALD R. VAN DER VAART Ale- Secretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director October 11, 2016 City of Morganton Brad Boris;Water Resources Director Kenny Fleming, Pretreatment Coordinator PO Box 3448 Morganton,NC 28680 Subject: Pretreatment Annual Report Review City of Morganton NPDES 4: NCO026573 Burke County Dear Messer's Boris and Fleming: The Asheville Regional Office of the Division of Water Resources has reviewed the Pretreatment Annual Report(PAR) covering January through December 2015. This PAR was received on March 31, 2016 in the Asheville Regional Office. -vur review indicates that the PAR is in good order and satisfies the requirements of 15A NCAC 2H .0908(b) and the Comprehensive Guidance for North Carolina Pretreatment Programs. The next PAR will be due March 1,2047. Thank you for your continued support of the Pretreatment Program. If you have any questions,please contact me at(828)296-4500 linda.wiggs(a,ncdenr.gov or Sarah Bass at(919) 807-6310 Sarah.Bass@ncdenr.gov. Sincerely, Linda Wiggs Environmental Senior Specialist Water Quality Regional Operations Asheville Regional Office cc: ARO Files MSC 1617-Central Files-Basement Sarah Bass,PERCS Unit `- a:\WR\WQ\Burke\Wastewater\Municipal\Morganton WWTP 26573\Pretreatment\PARreview20l5.LTR.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 828 296 4500 \� l\� �� 1 �. \,_ An .dmmmwah� ;k PAT MCCRORY Govemor Alt' DONALD R. VAN DER VAART Secretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director October 12, 2016 Ronnie Tipton, Interim Public Works Director Town of Burnsville PO Box 97 Burnsville, NC 28714 SUBJECT: Annual Report (2015) Review Inspection Town of Burnsville Class A Residuals Management Program Permit No: WQ0002834 Yancey County Dear Mr. Tipton: Enclosed please find a copy of the Annual Report(AR)Review Inspection Form from the inspection conducted on 9/15/2016. The facility was found to be in compliance with permit WQ0002834. 'One area of concern noted with the review was that several pieces of information (please review the attached 'inspection report) were missing from the AR. Even though the residuals that were distributed in 2015 were prepared in the last quarter of 2014, all of the monitoring data should have been submitted. The data was submitted in the 2014 AR but should also have been carried forward to 2015. In the future, please ensure that all data related to the distribution year's activity is included. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions,please call me at 828-296-4685. Sincerely, Beverly P i Envirommmetal Senior Specialist Enc. cc: Jadd Brewer, ORC MSC 1617-Central Files-Basement Asheville Files / T:\WR\WQ\Yancey\Wastewater\Non-discharge\Town dBurnSVilleTE1.2016.2015AR Review.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 828 296 4500 Compliance Inspection Report Permit: WQ0002834 Effective: 12/31/08 Expiration: 11/30/17 Owner: Town of Burnsville SOC: Effective: Expiration: Facility: Town of Burnsville Class A Residuals Management I County:Yancey 843 Pine Swamp Rd Region: Asheville Burnsville NC 28714 Contact Person: Ronnie Leonard Tipton Title: Interim Public Works Director Phone: 828-682-2420 Directions to Facility: Go north on Hwy. 19-23 from Asheville.Take the Burnsville exit. Go east on Hwy 19E past Mountain Heritage HS to Westside Dr. (SR 1196)and turn right. Turn left on Pine.Swamp Rd.(SR 1138). WWfP is located on the right approximately 1/2 mile. System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): 24 hour contact name Jadd W Brewer 828-898-6277 Related Permits: Inspection Date: 09/15/2016 Entry Time: 02:OOPM Exit Time: 03:OOPM Primary Inspector: Beverly Price 5T Phone: 828-296-4500 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Annual Report Review Permit Inspection Type: Distribution of Residual Solids(503) Facility Status: ® Compliant Not Compliant Question Areas: ® Miscellaneous Questions ® Record Keeping ® Pathogen and Vector Attraction (See attachment summary) Page: 1 Permit: WQ0002834 Owner Facility:Town of Burnsville Inspection Date: 09/15/2016 Inspection Type:Annual Report Review Reason for Visit: Routine 1 Inspection Summary: The Annual Report(AR)review was conducted by Beverly Price of the Asheville Regional Office. 115.83 dry tons of residuals were distributed in 2015. 161.5 dry tons of residuals were disposed of in the Foothills Regional Landfill, 2800 Cheraw Road Lenoir, NC 28645. Hauling tickets were provided. Metals/nutrients/TCLP analyses were conducted according to permit requirements and appear to be compliant with permit limits. REMINDER:An Ignitability/Corrosivity/Reactivity analysis is required once per permit cycle. Pathogen Reduction was accomplished using Fecal Coliform Density and Alternative#5-PFRP Composting. Vector Attraction Reduction was accomplished using 14-Day Aerobic Process. Times and temperature requirements appear to have been met. Areas of Concern: 1.The compost time and temperature data was not submitted in the 2015 AR. 2-Some of the laboratory data sheets were missing from the 2015 AR. The reviewer was able to pull data from the 2014 AR.This data was submitted in the 2014 AR as the compost pile was built and monitored in 2014;distributions occurred in 2015. All monitoring data should be included in the AR. Page: 2 Permit: WQ0002834 Owner-Facility:Town of Burnsville Inspection Date: 09/15/2016 Inspection Type:Annual Report Review Reason for Visit: Routine Pathogen and Vector Attraction Yes No NA NE a. Fecal coliform SM 9221 E(Class A or B) ® ❑ ❑ ❑ Class A,all test must be<1000 MPN/dry gram Geometric mean of 7 samples per monitoring period for class B<2.0*10E6 CFU/dry gram ❑ Fecal coliform SM 9222 D(Class B only) ❑ ❑ ® ❑ Geometric mean of 7 samples per monitoring period for class B<2.0*10E6 CFU/dry gram ❑ b. pH records for alkaline stabilization(Class A) ❑ ❑ ® ❑ c. pH records for alkaline stabilization(Class B) ❑ ❑ ® ❑ Temperature corrected ❑ d. Salmonella(Class A,all test must be<3MPN/4 gram day) ❑ ❑ ® ❑ e. TimelTemp on: ❑ ® ❑ ❑ Digester(MCRT) ❑ Compost ❑ Class A lime stabilization ❑ f. Volatile Solids Calculations ❑ ❑ ® ❑ g. Bench-top Aerobic/Anaerobic digestion results ❑ ❑ ■ ❑ Comment: The compost time/temperature data was not submitted in the Annual Report. The reviewer was able to confirm the monitoring data as it was submitted in the 2014 Annual Report(the compost pile was built and monitored in 2014-distribution occurred in 2015). Record Keeping Yes No NA NE Is GW monitoring being conducted,if required? ❑ ❑ ® ❑ Are GW samples from all MWs sampled for all required parameters? ❑ ❑ 0 ❑ Are there any GW quality violations? ❑ ❑ ❑ Is GW-59A certification form completed for facility? ❑ ❑ ® ❑ Is a copy of current permit on-site? ❑ ❑ ❑ S Are current metals and nutrient analysis available? ❑ ❑ ❑ Are nutrient and metal loading calculating most limiting parameters? ❑ ❑ ❑ a. TCLP analysis? ❑ ❑ ❑ b. SSFA(Standard Soil Fertility Analysis)? ❑ ❑ 0 ❑ Are PAN balances being maintained? ❑ ❑ ❑ Are PAN balances within permit limits? ❑ ❑ ❑ Has land application equipment been calibrated? ❑ ❑ ❑ `Are there pH records for alkaline stabilization? ❑ ❑ M ❑ Are there pH records for the land application site? ❑ ❑ ❑ Page: 3 \ Permit: WQ0002834 Owner-Facility:Town of Burnsville Inspection Date: 09/15/2016, Inspection Type:Annual Report Review Reason for Visit: Routine Record Keeping Yes No NA NE Are nutrient/crop removal practices in place? ❑ ❑ ❑ Do lab sheets support data reported on Residual Analysis Summary? ❑ ■ ❑ ❑ Are hauling records available? ■ ❑ ❑ ❑ Are hauling records maintained and up-to-date? ® ❑ ❑ ❑ #Has permittee been free of public complaints in last 12 months?" ❑ ❑ ❑ Has application occurred during Seasonal Restriction window? ❑ ❑ ❑ Comment: Lead and Mercury results recorded on the Residuals Analysis Summary Form did not match the lab sheets; both parameters were compliant based on the laboratory data. Several parameters were reported without supporting laboratory data: Chromium,Ammonia Nitrogen, pH and PAN. The reviewer was able to confirm the reported values as the data was included in the 2014 Annual Report(the compost pile was built and monitored in 2014-distribution occurred in 2015). Type Yes No NA NE Land Application ❑ Distribution and Marketing Page: 4 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary WaterResources S. JAY ZIMMERMAN ENVIRONMENTAL.QUALITY Director October 12, 2016 DWR# 16-0918 Henderson County City of Hendersonville Attn: Brent Detwiler 30S Williams Street Hendersonville, NC 28792 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Mud Creek Bank Stabilization Project Dear Mr. Detwiler: You have our approval for the impacts listed below for the purpose described in your application dated August 31, 2016, and received by the Division of Water Resources (Division) on September 21, 2016.These impacts are covered by the attached Water Quality General Certification Number 3885 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Number 13 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by(but not limited to) Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certifications) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70 1 Swannanoa,North Carolina 28778 828 296 4500 Mud Creek Bank Stabilization Project\ DWR#16-0918. 401 Approval Page 2 of 3 Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Streams Impact S1 150 feet 2. This approval is for the purpose and design described in your application.The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification(s) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly after storm events) and vegetation is successful. Any failures of structures, streambanks, or vegetation may require future repairs or replacement,which requires coordination with the Asheville Regional Office \ to ensure the stability and water quality of the stream and downstream waters. [15A NCAC 02H .0506(b)(2) and (b)(3)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty(60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919)431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919)431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: Mud Creek Bank Stabilization Project DWR#16-0918 401 Approval Page 3of3 If sending via US Postal Service: If sending via delivery service(UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam. M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Andrew Moore at 828-296-4684 or. Andrew.W.Moore@ncdenr.gov if you have any questions or concerns. Sincerely, Zan Price, P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3885 Certificate of Completion cc: Andrew Bick—Wildlands Engineering, Inc. (via email) David Brown —USACE Asheville Regulatory Field Office (via email) Andrea Leslie—NCWRC(via email) Stan Aiken —Division of Energy, Mineral, and Land Resources (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit (via email) G:\WR\WQ\Henderson\401s\Non-DOT\Mud Creek Bank Stabilization Project\APRVL.MudCreekBankStabilization.10-12-2016.docx f PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director October 12,2016 David Foster,Public Services Director Town of Waynesville PO Box 100 Waynesville,NC 28786 SUBJECT: Annual Report(2015)Review Inspection Town of Waynesville Class A Residuals Distribution Program Permit No: WQ0013116 Haywood County Dear Mr. Foster: Enclosed please find a copy of the Annual Report Review Inspection Form from the inspection conducted on 9/19/2016. The facility was found to be in compliance with permit WQ0013116. The following issues were noted and should be addressed: 1. You are currently certified for the following method for pH analysis: SM 4500-WB-2000(Aqueous). You should -- also seek certification for pH analysis method: SW-846 9040C — This method is used to measure the pH of aqueous wastes and those multiphase wastes where the aqueous phase constitutes at least 20%of the total volume of the waste. Please contact Jason Smith with the Laboratory Certification Section at (828) 296-4679 for assistance. There are no additional costs for this certification. This was noted in the 2015 inspection cover letter. 2. There were numerous pH buffer Quality Control (QC) checks that were not within an acceptable range. Please see the Inspection Summary for additional information. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions,please call me at 828-296-4500. Sincerely, Beverly Price Envirommietal Senior Specialist Enc. cc: Jason Smith Laboratory Certification Section ARO Ronnie Norris, ORC MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\Haywood\Wastewater\Non-discharge\Town of Waynesville\CEI.2016.2015 AR Report.doex State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 828 296 4500 Compliance Inspection Report Permit: WQ0013116 Effective: 07/20/16 Expiration: 06/30/21 Owner: Town of Waynesville SOC: Effective: Expiration: Facility: Town of Waynesville Class A Distribution Program County: Haywood 566 Walnut Trl Rd_ Region: Asheville Waynesville NC 28785 Contact Person: David Foster Title: Public Services director Phone: 828-456-3706 Directions to Facility: 1-40 to 19-23 South toward Waynesville.Take exit 103 to Hwy 209 N.Turn right on Walnut Trail Road.,cross 2 cattle grates,turn left to WWTP. System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): 24 hour contact name Ronnie Norris 828-456-4410 Related Permits: NCO025321 Town of Waynesville-Waynesville WWTP Inspection Date: 09/19/2016 Entry Time: 10:OOAM Exit Time: 11:OOAM Primary Inspector: Beverly Price 15 P Phone: 828-296-4500 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Annual Report Review Permit Inspection Type: Distribution of Residual Solids(503) Facility Status: ® Compliant Not Compliant Question Areas: ® Miscellaneous Questions ® Record Keeping ® Pathogen and Vector Attraction (See attachment summary) Page: 1 Permit: WQ0013116 Owner Facility:Town of Waynesville Inspection Date: 09/19/2016 Inspection Type:Annual Report Review Reason for Visit: Routine Inspection Summary: The Annual Report(AR)review was conducted by Beverly Price of the Asheville Regional Office. 872.6 dry tons of residuals were distributed in 2015. Metals/Nutrients/TCLP were conducted according to permit requirements. Metals ceiling concentration limits and monthly average concentration limits appeared to meet permit limits. TCLP permit limits appear to have been met. Pathogen Reduction was accomplished using fecal coliform density and Alternative#5—PFRP Pasteurization. Vector Attraction Reduction(VAR)was accomplished using Alkaline Stabilization. One issue that was noted during the review was with regard to the pH buffer Quality Control(QC)readings. There were numerous QC checks in which the standard 13 pH buffer was not within the proper range. The meter must be calibrated with at least two buffers. In addition to the calibration buffers,the meter calibration must be verified with a third standard buffer solution.The calibration and check standard buffers must bracket the range of the samples being analyzed. The check standard buffer must read within±0.1 S.U.to be acceptable. Page: 2 Permit: WQ0013116 Owner-Facility:Town of Waynesville Inspection Date: 0 911 9/2 0 1 6 Inspection Type:Annual Report Review Reason for Visit: Routine Pathogen and Vector Attraction Yes No NA NE a. Fecal coliform SM 9221 E(Class A or B) ® ❑ ❑ ❑ Class A,all test must be<1000 MPN/dry gram Geometric mean of 7 samples per monitoring period for class B<2.0*10E6 CFU/dry gram ❑ Fecal coliform SM 9222 D(Class B only) ❑ ❑ ® ❑ Geometric mean of 7 samples per monitoring period for class B<2.0*10E6 CFU/dry gram ❑ b. pH records for alkaline stabilization(Class A) ® ❑ ❑ ❑ c. pH records for alkaline stabilization(Class B) ❑ ❑ ® ❑ Temperature corrected ■ d. Salmonella(Class A,all test must be<3MPN/4 gram day) ❑ ❑ ® ❑ e. Time/Temp on: ® ❑ ❑ ❑ Digester(MCRT) ❑ Compost ❑ Class A lime stabilization ■ f. Volatile Solids Calculations ❑ ❑ ® ❑ g. Bench-top Aerobic/Anaerobic digestion results ❑ ❑ ® ❑ Comment: Record Keeping Yes No NA NE Is GW monitoring being conducted,if required? ❑ ❑ ■ ❑ Are GW samples from all MWs sampled for all required parameters? ❑ ❑ M ❑ Are there any GW quality violations? ❑ ❑ ® ❑ Is GW-59A certification form completed for facility? ❑ ❑ i ❑ Is a copy of current permit on-site? ❑ ❑ ❑ ■ Are current metals and nutrient analysis available? ❑ ❑ ❑ Are nutrient and metal loading calculating most limiting parameters? ❑ ❑ ❑ a. TCLP analysis? 0 ❑ ❑ ❑ b. SSFA(Standard Soil Fertility Analysis)? ❑ ❑ ■ ❑ Are PAN balances being maintained? ❑ ❑ 0 ❑ Are PAN balances within permit limits? ❑ ❑ ■ ❑ Has land application equipment been calibrated? ❑ ❑ 0 ❑ Are there pH records for alkaline stabilization? ■ ❑ ❑ ❑ Are there pH records for the land application site? ❑ ❑ ❑ i Are nutrient/crop removal practices in place? ❑ ❑ 0 ❑ Page: 3 Permit: WQ0013116 Owner-Facility:Town of Waynesville Inspection Date: 09/19/2016 inspection Type:Annual Report Review Reason for visit: Routine a Record Keeping Yes No NA NE Do lab sheets support data reported on Residual Analysis Summary? ® ❑ ❑ ❑ Are hauling records available? E ❑ ❑ ❑ Are hauling records maintained and up-to-date? N ❑ ❑ ❑ #Has permittee been free of public complaints in last 12 months? ❑ ❑ ❑ Has application occurred during Seasonal Restriction window? ❑ ❑ ® ❑ Comment: Type Yes No NA NE Land Application ❑ Distribution and Marketing Page: 4 ,AAM PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary WaterResnurces ENvtRONMENTALQUALITY S. JAY ZIMMERMAN Director October 13, 2016 Eddie Obler 1048 Avon Place Cocoa, FL 32922 Subject: Incident Closure 124 Old Roper Road NOV-2016-SS-0003 Henderson County Dear Mr. Obler: The Division of Water Resources received your email correspondence from July 5,2016,in response to the NOV noted above. The written response and the removal of the landscaping debris from the stream channel have satisfactorily resolved the violation noted in the subject Notice of Violation. Your attention and cooperation is greatly appreciated. Should you have any questions regarding this matter or other water quality issues or concerns,please contact me at(828)296-4684 or Andrew.W.Moorena,ncdenr.gov. Sincerely, Andrew Moore Environmental Specialist Water Quality Regional Operations Asheville Regional Office cc: Karen Higgins—401 and Buffer Permitting Unit ARO file G:\WR\WQ\Henderson\Complaints\Old Roper Road\CLO.1240ldRoperRoad.10-13-16.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy 70 Swannanoa,North Carolina 28778 828 296 4500 \\ �� _ �. �i_ 4C:., PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary WaterResources S. JAY ZIMMERMAN ENVIRONMENTAL OVALITY Director October 13, 2016 DWR# 16-0945 Jackson County Karen&Jim Nathan 14621 Highland Harbour Ct. Fort Meyers, FL 33908 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION 294 Tuckaway Rd—Bear Creek Lake Dear Karen& Jim Nathan: In accordance with your application dated September 3, 2016, approval has been granted for the impacts listed in the table below. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and any additional conditions listed below. Project impacts are covered by the attached Water Quality General Certification Number 3898 and the conditions listed below. This certification is associated with the use of General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with your project, including those required by(but not limited to)Erosion and Sediment.Control, Water Supply Watershed and Trout Buffer regulations. IMPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification,General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved Permanent Open Waters Above Pool Below Pool 0.0221 (acres) 0.0221 (acres) State of North Carolina I Environmental Quality I Water Resources 2090 US Hwy 70 Swannanoa,North Carolina 28778 828 296 4500 Nathan—Tuckaway RL,,\ Page 2 ADDITIONAL CONDITIONS 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 2. All banks shall be laid back to at least a 2:1 (length : height) slope and riprap applied at the water/land interface (at full pool). Riprap shall be placed as a linear protective measure upon the regraded slopes. Stone used in stabilization shall be of a size and density sufficient to prevent movement by wave or current action and shall consist of clean rock or masonry material free of debris or toxic pollutants. The rip-rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall. [15A NCAC 02H .0507 (c)] 3. Replant or allow the re-establishment of native vegetation in areas within the project boundary where it has been removed per Exhibit 1 of the Duke Shoreline Management Guidelines. 4. The permitee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and(c)(2)] This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty (60) calendar days. Nathan. Tuckaway Rd Page A petition form may be obtained from the OAH at http://viww.ncoah.con-/or by calling the OAH Clerk's Office at(919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919)431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five(5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc).- Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,NC 27699-1601 Nathan —Tuckaway R Page 4 This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H.0500. Please contact Tim Fox at 828-296-4664 or tim.foxr?a,ncdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3898 Certificate of Completion cc: DWR ARO 401 files ec: Bob Martin—The Seawall Co Kevin Holland—Duke Energy David Brown- USACE Asheville Regulatory Field Office Andrea Leslie -NCWRC Stan Aiken—DEMLR G:\WR\WQUackson\40ls\Non-DOT\Nathan 294 Tuckaway Rd Lake GIenviIIe\APRVL.401Nathan-294 Tuckaway Rd 10-13-16.docx PAT MCCRORY Governor DONALD R. VAN DER VAART Y a et S cr ary WaterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director October 13, 2016 DWR# 16-0946 Jackson County Kenneth C. Henson 2906 Cedar Crest Circle Round Rock, TX 78665-6271 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Buck Knob Island Lot#10 - Lake Glenville Dear Mr. Henson: In accordance with your application dated September 20, 2016, approval has been granted for the impacts listed in the table below. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and any additional conditions listed below. Project impacts are covered by the attached Water Quality General Certification Number 3898 and the conditions listed below. This certification is associated with the use of General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with your project, including those required by(but not limited to)Erosion and Sediment Control, Water Supply Watershed and Trout Buffer regulations. IMPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions,of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved Permanent Open Waters Above Pool Below Pool 0.0137 (acres) 0.0137 (acres) State of North Carolina Environmental Quality J Water Resources 2090 US Hwy 701 Swannanoa,North Carolina 28778 828 296 4500 Henson—Buck Knob Island Lot#10�., Page 2 ADDITIONAL CONDITIONS I. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 2. All banks shall be laid back to at least a 2:1 (length : height) slope and riprap applied at the water/'land interface (at full pool). Riprap shall be placed as a linear protective measure upon the regraded slopes. Stone used in stabilization shall be of a size and density sufficient to prevent movement by wave or current action and shall consist of clean rock or masonry material free of debris or toxic pollutants. The rip-rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall. [15A NCAC 02H .0507 (c)] 3. Replant or allow the re-establishment of native vegetation in areas within the project boundary where it has been removed per Exhibit 1 of the Duke Shoreline Management Guidelines. 4. The permitee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and(c)(2)] This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. Henson-Buck Knob Island I,ot#10 Page 3 A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours(Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,NC 27699-1601 Henson—Buck Knob Island Lot#lt.. Page 4 This letter.completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H.0500. Please contact Tim Fox at 828-296-4664 or tim.foxnncdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3898 Certificate of Completion cc: DWR ARO 401 files ec: Bob Martin—The Seawall Co Kevin Holland—Duke Energy David Brown- USACE Asheville Regulatory Field Office Andrea Leslie -NCWRC Stan Aiken—DEMLR G:\WR\WQ\Jackson\401s\Non-DOT\Henson-Buck Knob Island Lot#10 Lake Glenville\APRVLA011-lenson-Buck Knob Island Lot#10 13-13- 16.doex PAT .MCCR.ORY " Govemor DONALD R. VAN DER VAART Sect clarIv WaterResources S. JA.Y Z,IMMERMA.N . ENVIRONMENTAL QUALITY 1.)irecttrr October 13, 2016 Wells Fargo Bank N.A. Attn: Ryan Sansavera 301 S College Street Charlotte,NC 28202 SUBJECT: Notice of Violation Response and Sediment Removal Plan Approval The Ridges at Mountain Harbour Slope Failure NOV-2016-PC-0029 Clay County Dear Mr. Sansavera: The Division of Water Resources has received correspondence from Steven Melin with Mountain Soils, Incorporated updated October 11, 2016 via email, in response to the NOV noted above. The proposal includes the removal of approximately 1700 linear feet of sediment from an un-named tributary to Licklog Creek(from the mouth of the first pond to the culvert) and an additional 1800 linear feet(from the mouth of the second pond to the springhead) of a second un-named tributary to Licklog Creek. The sediment accumulation was due to a slope failure event that occurred on December 24 and 25, 2015. The sediment removal actions presented in the response have been found satisfactory and are approved. Please also provide an update on permanent stabilization efforts on-site to prevent any future water quality violations. Activities involved in this approved plan, as well as submittal of the final report, are to be completed within thirty(30) days of this approval letter. Please contact me at(828)296-4664 or tim.fox(cr7,ncdenr.gov should you have any further questions. Sincerely Alt-, Tim o Environmental Specialist Water Quality Regional Operations Asheville Regional Office State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500\FAX:828-299-7043 cc: Steve Melin, LSS —Mountain Soils, Inca(via email) David Brown—USACE(via email) Andrea Leslie-NCWRC (via email) Stan Aiken—NCDEMLR(via email) ARO File Copy G:\WR\WQ\Clay\Complaints\The Ridges at Mt Harbour\Sediment Removal Plan\APRVL.SedimentPlan.Ridges at Mt.Harbour 10- 13-2016.docx PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY - Director October 13,2016 Jeffrey V.Morse,Town Manager Town of Valdese Post Office Box 339 Valdese,NC 28690 SUBJECT: Annual Report(2015)Review Inspection Town of Valdese Distribution of Composted Residuals Program Permit No: WQ0001990 Burke County Dear Mr.Morse: Enclosed please find a copy of the Annual Report Review Inspection Form from the inspection conducted on 9/19/2016. The facility was found to be in compliance with permit WQ0001990. The current permit became effective August 1, 2014. The permit requires Residuals Source-Generating Facility monitoring for TCLP, metals & nutrients. The ARO advised the permittee in 2015 to request modification of the --,Attachment A to remove the Residuals Source monitoring requirement based on conversations with the central office. :after further discussion with the central office,this requirement cannot be removed. However, once the residuals have been monitored(Non-Hazardous Determination)for two years at the frequency specified in Attachment A,the permittee may submit a permit modification request to reduce the frequency of this monitoring requirement. In no case shall the monitoring frequency be less than once per permit cycle. This request may be for the Residuals Source and the Class A Residuals Product Generated for Distribution. We apologize for any confusion. 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, A,',Z Beverly 12ce Environmental Senior Specialist Enc. cc: Greg Padgett,ORC MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\Burke\Wastewater\Non-discharge\Town of Valdese\CEI.2016.2015 AR Review.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 828 296 4500 Compliance Inspection Report Permit: WQ0001990 Effective: 08/01/14 Expiration: 07/31/19 Owner: Town of Valdese SOC: Effective: Expiration: Facility: Town of Valdese Distribution of Composted Residua County: Burke 2100 Lake Rhodhiss Region: Asheville Valdese NC 28690 Contact Person: Greg A Padgett Title: WWTP Superintendent Phone: 828-879-2131 Directions to Facility: From downtown Valdese,take 70E to left on Laurel Street,right on Lovelady Road, left on Lake Rhodiss Dirve,WWTP is located at the end of the road. System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): 24 hour contact name Greg A Padgett 828-294-0861 Related Permits: NCO041696 Town of Valdese-Lake Rhodiss WWTP Inspection Date: 09/19/2016 Entry Time: 01:OOPM Exit Time: 02:OOPM Primary Inspector: Beverly Price P Phone: 828-296-4500 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Annual Report Review Permit Inspection Type: Distribution of Residual Solids(503) Facility Status: Compliant Not Compliant Question Areas: Miscellaneous Questions ® Record Keeping Pathogen and Vector Attraction (See attachment summary) Page: 1 Permit: WQ0001990 Owner-Facility:Town of Valdese Inspection Date: 09/19/2016 Inspection Type:Annual Report Review Reason for Visit: _ Routine Inspection Summary: The Annual Report(AR)review was conducted by Beverly Price of the Asheville Regional Office. 266.65 dry tons of residuals were distributed in 2015. Metals/Nutrients/TCLP were conducted according to permit requirements. Metals ceiling concentration limits and monthly average concentration limits appeared to meet permit limits. TCLP permit limits appear to have been met. Pathogen Reduction was accomplished using fecal coliform density and Alternative#5-PFPR Composting. Vector Attraction Reduction(VAR)was accomplished using Alternative#5—14-Day Aerobic Process. The following issues were noted for the Annual Pathogen and Vector Attraction Reduction Form: 1. Alternative A(time/temperature)was checked for Pathogen Reduction.The correct option is Process to Further Reduce Pathogens. 2. The fecal coliform data indicated that the maximum density was 5128 MPN/G. All samples must be<1000 MPN/G in order to meet the pathogen density requirement. Please ensure that any result?1000 MPN/G is footnoted to indicate that it was reprocessed and not distributed. The current permit became effective August 1, 2014. The permit requires Residuals Source-Generating Facility monitoring for TCLP and Metals/Nutrients. The ARO advised the permittee in 2015 to request modification of the Attachment A to remove the Residuals Source monitoring requirement based on conversations with the central office. After further discussion with the central office,this requirement cannot be removed. However, once the residuals have been monitored (Non-Hazardous Determination)for two years at the frequency specified in Attachment A,the permittee may submit a permit modification request to reduce the frequency of this monitoring requirement. In no case shall the monitoring frequency be less than once per permit cycle. This request may be for the Residuals Source and the Class A Residuals Product Generated for Distribution. Page: 2 permit: WQ0001990 Owner-Facility:Town of Valdese Inspection Date: 09/19/2016 Inspection Type:Annual Report Review Reason for Visit: Routine Pathogen and Vector Attraction Yes No NA NE a. Fecal coliform SM 9221 E(Class A or B) ® ❑ ❑ ❑ Class A,all test must be<1000 MPN/dry gram Geometric mean of 7 samples per monitoring period for class 13<2.0'10E6 CFU/dry gram ❑ Fecal coliform SM 9222 D(Class B only) ❑ ❑ 0 ❑ Geometric mean of 7 samples per monitoring period for class B<2.0'10E6 CFU/dry gram ❑ b. pH records for alkaline stabilization(Class A) ❑ ❑ ® ❑ c. pH records for alkaline stabilization(Class B) ❑ ❑ e ❑ Temperature corrected ❑ d. Salmonella(Class A,all test must be<3MPN/4 gram day) ❑ ❑ ❑ e. Time/Temp on: 0 ❑ ❑ ❑ Digester(MCRT) ❑ Compost Class A lime stabilization ❑ f. Volatile Solids Calculations ❑ ❑ ® ❑ g. Bench-top Aerobic/Anaerobic digestion results ❑ ❑ 0 ❑ 'Comment: Record KeeDinq Yes No NA NE Is GW monitoring being conducted,if required? ❑ ❑ S ❑ Are GW samples from all MWs sampled for all required parameters? ❑ ❑ ❑ Are there any GW quality violations? ❑ ❑ 0 ❑ Is GW-59A certification form completed for facility? ❑ ❑ 0 ❑ Is a copy of current permit on-site? ❑ ❑ ❑ Are current metals and nutrient analysis available? ❑ ❑ ❑ Are nutrient and metal loading calculating most limiting parameters? ❑ ❑ ❑ a. TCLP analysis? M 0 ❑ ❑ b. SSFA(Standard Soil Fertility Analysis)? ❑ ❑ ■ ❑ Are PAN balances being maintained? ❑ ❑ N ❑ Are PAN balances within permit limits? ❑ ❑ M ❑ Has land application equipment been calibrated? ❑ ❑ 0 ❑ Are there pH records for alkaline stabilization? ❑ ❑ 0 ❑ Are there pH records for the land application site? ❑ ❑ ❑ Are nutrient/crop removal practices in place? ❑ ❑ 0 ❑ Page: 3 Permit: WO0001990 Owner-Facility:Town of Valdese Inspection Date: 09/19/2016 Inspection Type:Annual Report Review Reason for Visit: Routine Record Keeping Yes No NA NE Do lab sheets support data reported on Residual Analysis Summary? Are hauling records available? Are hauling records maintained and up-to-date? #Has permittee been free of public complaints in last 12 months? ❑ El 1:10 Has application occurred during Seasonal Restriction window? El El ■ 1-1 Comment: Type Yes No NA NE Land Application Distribution and Marketing Page: 4 W& "A. � . Certified Mail#7015 1520 0003 5463 1155 Return Receipt Requested October 13,2016 Seth Eckard Town of Valdese PO Box 339 Valdese,NC 28690 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(1) NPDES Permit NCO041696 and Collection System Permit No.WQCS00032 Town of Valdese Valdese WWTP/Collection System Case No.DV-2016-0085 Burke County Dear Permittee: This letter transmits allotice of Violation and assessment of civil penalty in the amount of$868.75 ($750.00 civil penalty+ $118.75 enforcement costs)against Town of Valdese. 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 Valdese. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit No. WQCS00032,Permit No.NCO041696 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 Town of Valdese violated the terms, conditions or requirements of Collection System Permit No. WQCS00032,Permit No.NC0041696, 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 Environmental Quality and the Director of the Division of Water Resources,I,G.Landon Davidson, P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Town of V-aldese: State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 $750.00 For 1 of the 1 other violations of Collection System Permit No. WQCS00032. $750.00 TOTAL CIVIL PENALTY $118.75 Enforcement Costs $868.75 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.l(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved.by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty(30) days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option I: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver- form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Steven Lewis PERCS Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 A 2: Submit a written request for remission or mitigation including a detailed justification for such Aest: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted,and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission you must complete and submit the enclosed"Request for Remission of Civil Penalties Waiver of Right to an Administrative Hearing and Stipulation of Facts"form within thirty(30)days of receipt of this notice The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Steven Lewis PERC S Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 AND G.Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDEQ 2090 U.S. 70 Highway Swannanoa,NC 28778 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrate, hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition wL 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 DEQ as follows: Mr. Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter)on the petition. Failure to exercise one of the options above within thirty(30)days of receipt of this letter, as evidenced by an internal date/time received stamp(not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Linda Wiggs with the Division of Water Resources staff of the Asheville Regional Office at(828)296-4653 or via email at linda.wiggs@ncdenr.gov. Sincerely, G.Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office-Enforcement File NPDES Compliance/Enforcement Unit-Enforcement File G:\WR\WQ\Burke\Collection SystemsWaldese Collection System\DV-2016-0085.SSO 7-30-2016.docx JUSTIFICATION FOR REMISSION REQUEST dse Number: DV-2016-0085 County: Burke Assessed Party: Town of Valdese Permit No.: WQCS00032 Amount Assessed: $868.75 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies(attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY',, COUNTY OF BURKE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Town of Valdese ) Valdese Collection System ) PERMIT NO.WQCS00032 ) CASE NO. DV-2016-0085 Having been assessed civil penalties totaling$868.75 for violation(s)asset forth in the assessment document of the Division of Water Resources dated October 13, 2016,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE i ATTACHMENT A Town of Valdese CASE NUMBER: DV-2016-0085 PERMIT NO: WQCS00032 REGION: Asheville FACILITY: Valdese Collection System COUNTY: Burke Other Violations INCIDENT VIOLATION PENALTY NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION AMOUNT 201601347 7/30/2016 CSO/SSO(Sewer Overflow) Discharge without valid permit $750.00 �\ ,___ j �� z PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Water Resources ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN Director October 14, 2016 Richard Scarborough 8 Bonnie Brae Drive Weaverville, NC 28787 RE: Sample ID:AC31889&AC31936 .Sample Location Address:8 Bonnie Brae Drive Buncombe County Dear Mr.Scarborough, Please find attached the analytical results for water samples collected from your water supply well, at the address referenced above,on August 22, 2016.Samples were collected in response to complaints from residents along Parker Cove Road concerning changes to groundwater quality as a result of high explosive detonations and subsequent ground vibrations at the nearby Maple Trace development.Your drinking water was analyzed for fecal coliform bacteria,total coliform bacteria, chloride,sulfate,and various metals. The following table summarizes the attached analytical results (AC31936) for your water supply well. Please note that the bolded values indicate levels above the NC Groundwater Standard, 15A NCAC 02L .0202. The results are shown in units of micrograms per liter of water (ug/1) and are approximately equivalent to parts per billion (ppb). USEPA Maximum NC Groundwater Concentration Detected Analytes Contaminate Level Standard in Your Drinking Water Concentration Units Concentration Units Concentration Units Barium 2,000 700 18 ppb Calcium 29,000 ppb Chloride 250,000 44,000 ppb Copper 1,300 1,000 2.2 ppb Iron 300 4,500 ppb Magnesium 6,300 ppb Manganese 50 100 ppb Potassium 4,800 ppb Sodium 13,000 ppb Strontium 1 240 ppb Sulfate 250,000 14,000 ppb The following table summarizes the attached coliform bacteria results (AC31889) for your water supply well. The results are shown in colony forming units per 100 milliliters of water or CFU/100 MI. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70,Swannanoa,North Carolina 28778 828-2964500 Richard Scarborough October 14,2016 Page 2 of 2 NC Groundwater Standard Concentration Detected in Your Analytes Drinking Water Concentration Units Concentration Units Total coliform bacteria 1 CFU 100 ml Not detected CFU 100 ml Fecal coliform bacteria 1 CFU 100 ml Not detected CFU 100 ml Coliform bacteria were not present in your drinking water at this time. Iron and manganese are present at concentrations that exceed the applicable groundwater standards. Chloride,sulfate,and additional metals are also present but their concentrations do not exceed the applicable groundwater standards.It is important to note that many of these constituents are fairly common for groundwater quality in western North Carolina. Because there are constituents present in your drinking water,a Health Risk Evaluation(HRE)was performed by North Carolina Department of Health and Human Services toxicologist,Kennedy Holt. The HRE,which is enclosed,makes specific recommendations for use of your water based on these results. A total of seven water supply wells along Parker Cove Road were inspected and sampled in August 2016.Most of the residents I spoke with complained of excess sediment in their drinking water shortly after the high explosive detonations in June 2016.Sediment buildup at some water supply wells was so severe that it required the well pump to be raised.There is no evidence at this time that the use of high explosives has resulted in any lasting changes to the quality of groundwater surrounding Parker Cove Road. I have taken the liberty of including a fact sheet on iron and manganese for your review. If you have questions concerning the Health Risk Evaluation,please contact Kennedy Holt at(919) 707-5910.If you have any additional questions or concerns,please contact me at(828) 296-4681 or brett.laverty@ncdenr.gov. Sincerely, f J Brett LaveAy_.-/ Water Quality Regional Operations Asheville Regional Office Attachment: Health Risk Evaluations by Kennedy Holt DWR laboratory analytical results Iron and manganese in household water fact sheet cc: ARO file `- Buncombe County Health Department w/attachments North Carolina Division of Water Resources Water Sciences Section Laboratory Results Richard Scarborough-8 BONNIE BRAE DRIVE,WEAVERVILLE,NC Sample ID: AC31936 BUNCOMBE Collector: B LAVERTY VisitlD PO Number# ARO Report To ARO Location ID: 1CI18BONNIE Date Received: 08/24/2016 %in Collect Date: 08/22/2016 Priority ROUTINE Time Received: 08_35 sy Collect Time: 13_26 Sample Matrix: GROUNDWATER Labworks Login]D MSWIFT ,OC Yes/No Sample Depth Loc.Type: Water Supply Delivery Method NC Courier Final Report Date: 9128/16 Report Print Date: 10/04/2016 Final Report If this report is labeled preliminary report, the results have not been validated. Do not use for Regulatory purposes. Result/ Method Analysis CAS# Analyte Name PQL Qualifier Units Reference Date Validated by LAB Sample temperature at receipt by lab 0.7 °C 8/24/16 MSWIFT WET Bromide 0.4 0.4 U mg/L EPA 300.0 rev2.1 8/24/16 CGREEN Chloride 1.0 44 mg/L EPA 300.0 rev2.1 8/24116 CGREEN Fluoride 0.4 0.4 U mg/L EPA300.0 rev2.1 8124116 CGREEN Sulfate 2.0 14 mg/L EPA 300.0 rev2.1 8/24116 CGREEN MET 7440-22-4 Ag by ICPMS 1.0 1.0 U ug/L EPA200.8 Rev5.4 9/12/16 ESTAFFORD1 7429-90-5 Al by ICP 50 50 U ug/L EPA200.7 Rev4.4 9/8/16 ESTAFFORD1 7440-38-2 As by ICPMS 2.0 2.0 U ug/L EPA200.8 Rev5.4 916/16 ESTAFFORD1 1440-38-3 Ba by ICP 10 18 ug/L EPA200.7 Rev4.4 9/8/16 ESTAFFORD1 7440," `; ' Ca by ICP 0.10 29 mg/L EPA200.7 Rev4.4 9/8/16 ESTAFFORD1 744C= =9 Cd by ICPMS 0.50 0.50 U ug/L EPA200.8 Rev5.4 9/6/16 ESTAFFORDI 1440-48-4 Cobalt by ICP 50 50 U ug/L EPA200.7 Rev4.4 9/8/16 ESTAFFORD1 1440-47-3 Cr by ICPMS 5.0 5.0 U,J2 ug/L EPA200.8 Rev5.4 - 9/6/16 ESTAFFORD1 1440-50-8 Cu by ICPMS 2.0 2.2 J2 ug/L EPA200.8 Rev5.4 9/6/16 ESTAFFORD1 1439-89-6 Fe by ICP 50 4500 ug/L EPA200.7 Rev4.4 9/8116 ESTAFFORD1 '439-97-6 Hg 245.1 0.2 0.20 U ug/L EPA245.1 Rev3 9/13/16 ESTAFFORD1 '440-09-7 K by ICP 0.10 4.8 mg/L EPA200.7 Rev4.4 9/8/16 ESTAFFORD1 '439-95-4 ' Mg by ICP 0.10 6.3 mg/L EPA200.7 Rev4.4 9/8/16 ESTAFFORD1 '439-96-5 Mn by ICP 10 100 ug/L EPA200.7 Rev4.4 9/8/16 ESTAFFORD1 '439-98-7 MO by ICPMS 10 10 U ug/L EPA200.8 Rev5.4 9/6/16 ESTAFFORD1 '440-23-5 Na by ICP 0.10 13 mg/L EPA200.7 Rev4.4 9/8/16 ESTAFFORD1 '440-02-0 Ni by ICPMS 2.0 2.0 U,J2 ug/L EPA200.8 Rev5.4 9/6/16 ESTAFFORD1 '439-92-1 Pb by ICPMS 2.0 2.0 U ug/L EPA200.8 Rev5.4 9/6116 ESTAFFORD1 '782-49-2 Se by ICPMS 1.0 1.0 U ug/L EPA200.8 Rev5.4 9/6/16 ESTAFFORD1 '440-24-6 Sr by ICPMS 10 240 ug/L EPA200.8 Rev5.4 9/6/16 ESTAFFORD1 '440-66-6 Zn by ICPMS 10 10 U ug/L EPA200.8 Rev5.4 9/6/16 ESTAFFORD1 WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Pane 1 of I NC 1DWX Ga6oratory Section R,esufts/Sampfe Comments/Quaffier Definitions Sample ID: AC31936 CAS# Analyte Name PQL Result/ Method Analysis Qualifier Units Reference Date Validated Sample Comments MET:Cr,Cu,&Ni-J2-estimated-internal standard>125%(132.8%) NCDEQ-WSS-Chemistry Lab Data Qualifiers Al The reported value is an average,where at least one result is qualified with a"U".The PQL is used for the qualified result(S)to cal, B1 Coliform-Countable membranes with less than 20 colonies. Reported value is estimated or is a total of the counts on all filters repor B2 Coliform-Counts from all filters were zero.The value reported is based on the number of colonies per 100 ml that would have been B3 Coliform-Countable membranes with more than 60 or 80 colonies. The value reported is calculated using the count from the smaller B4 Coliform-Filters have counts of both>60 or 80 and<20. Reported value is estimated or is a total of the counts on all filters reported B5 Coliform-Too many colonies were present;too numerous to count(TNTC).TNTC is generally defined as>150 colonies. B6 Coliform-Estimated Value. Blank contamination evident. B7 Coliform-Many non-coliform or non-enterococcus colonies or interfering non-coliform or non-enterococcus growth present. In this cc r� BB1 MPN-No wells or tubes gave a positive reaction.Value based upon the appropriate MPN Index and reported as a less than"<"valu BB2 MPWAII wells or tubes gave positive reactions.Value based upon the MPN Index and reported as a greater than">"value. C Total residual chlorine was present in sample upon receipt in the laboratory;value is estimated. G1 BOD-The dissolved oxygen (DO)depletion of the dilution water blank exceeded 0.2 mg/L. G2 BOD-The bacterial seed controls did not meet the requirement of a DO depletion of at least 2.0 mg/L and/or a DO residual of at lea., G3 BOD-No sample dilution met the requirement of a DO depletion of at least 2.0 mg/L and/or a DO residual of at least 1.0 mg/L. G4 BOD-Evidence of toxicity.This is generally characterized by a significant increase in the BOD value as the sample concentration de G5 BOD-The glucose/glutamic acid standard exceeded the range of 198±30.5 mg/L. G6 BOD-The calculated seed correction exceeded the range of 0.6 to 1.0 mg/L. G7 BOD-Less than 1 mg/L DO remained for all dilutions set.The reported value is an estimated greater than value and is calculated foi G8 BOD-Oxygen usage is less than 2 mg/L for all dilutions set.The reported value is an estimated less than value and is calculated for G9 BOD-The DO depletion of the dilution water blank produced a negative value. J1 Surrogate recovery limits have been exceeded, J2 The reported value failed to meet the established quality control criteria for either precision or accuracy. J3 The sample matrix interfered with the ability to make any accurate determination. J4 The data is questionable because of improper laboratory or field protocols(e.g., composite sample was collected instead of grab, pl J5 Temperature limits exceeded (samples frozen or>6°C)during transport or not verifiable(e.g., no temperature blank provided):non- J6 The laboratory analysis was from an unpreserved or improperly chemically preserved sample.The data may not be accurate. J7 This qualifier is used to identify analyte concentration exceeding the upper calibration range of the analytical instrument/method.Th J8 Temperature limits exceeded(samples frozen or>6°C)during storage,the data may not be accurate. J9 The reported value is determined by a one-point estimation rather than against a regression equation.The estimated concentration J10 Unidentified peak; estimated value. J11 The reported value is determined by a one-point estimation rather than against a regression equation.The estimated concentration J12 The calibration verification did not meet the calibration acceptance criterion for field parameters. M Sample and duplicate results are'but of control'.The sample is non-homogenous(e.g.,VOA soil).The reported value is the lower N1 Presumptive evidence and estimated value.The component has been tentatively identified base on mass spectral library. N2 There is an indication that the analyte is present, but quality control requirements for confirmation were not met(i.e., presence of Z N3 This code shall be used if the level is too low to permit accurate quantification, but the estimated concentration is less than the labor N4 This code shall be used if the level is too low to permit accurate quantification, but the estimated concentration is less than the labor N5 The component has been tentatively identified based on a retention time standard. Q1 Holding time exceeded prior to receipt by lab. WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Paoe 2 of 3 North Carolina Division of Water Resources Water Sciences Section Laboratory Results Richard Scarborough 8 BONNIE BRAE DRIVE,WEAVERVILLE,NC Sample ID: AC31889 BUNCOMBE Collector: B LAVERTY VisitlD PO Number# ARO ARO Report To ARO Location ID: 1C118BONNIE Date Received: 08/22/2016 asin Collect Date: 08/22/2016 Priority ROUTINE Time Received: 16_00 icy Collect Time: 13_26 Sample Matrix: GROUNDWATER Labworks LoginlD KJIMISON2 ,;OC Yes/No Sample Depth Loc.Type: Water Supply Delivery Method Hand delivered Final Report Date: 9/23/16 Report Print Date: 10/04/2016 Final Report If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. Result/ Units Method Analysis CAS# Analyte Name PQL Qualifier Reference Date Validated by ARO C011form,MF Fecal in liquid 1 1 B2 CFU/100ml APHA9222D-20th 8/22/16 ESTAFFORD1 Coliform, MF Total in liquid 1 1 B2 CFU/100ml APHA92226-20th 8/22/16 ESTAFFORD1 Sample temperature at receipt by lab 3.9 T 8/22/16 RBYRD WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 276994623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Panes 1 of 1 WC DO!(Ga6oratory Section Resutts/SampCe Comments/QuaCier Definitions Sample ID: AC31936 Analyte Name PQL Result/ Method Analysis Qualifier Units Reference Date Validated by Holding time exceeded following receipt by lab. Elevated PQL*due to matrix interference and/or sample dilution. d Not enough sample provided to prepare and/or analyze a method-required matrix spike(MS)and/or matrix spike duplicate(MSD). U Indicates that the analyte was analyzed for but not detected above the reported practical quantitation limit*.The number value repo X1 Sample not screened for this compound. X2 Sampled, but analysis lost or not performed-field error. X3 Sampled, but analysis lost or not performed-lab error. V Indicates the analyte was detected in both the sample and the associated method blank. Note:The value in the blank shall not be s Y Elevated PQL*due to insufficient sample size. Z1 Inability to analyze the sample. Z2 Questions concerning data reliability. WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. 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'CE . rtlrel�na Qlvsicnf public remmends" laat c�ttly indricluals on-no or law sodium restricted diets �t ire th—water r drinking or ,king It na .b +ase l r w hiitg,.ele tin hatblttg,a� . h€werrng based on the,xi�a�r�tr.�licn�t�nl racu(�r out , tGt rter"3 ;trtr�fl rta rise;astl:et% r€�5€ems suer as.btd to"sty,edar,staining of poxceta ,ete 4.01e- utnhs ttg P re + �rrti i . r ,t , lie.somple fnr lead W. e00pe , Tak�;a C►rst draw+5 mittttte and,lS>rttinilt0 gam to tns�de the hit se(pr�ferabt the kitchen and possible as ;dtxInte aitd a IS rnin�uta€ ple at Ihe�tl head tca deternlne:llte sctttree iifthe lead Aft",enppet 6 The fl-,own :s'bstane'JO exceeded fec xal driul itg water sta tdar s, 'Yaar wader b used far d' txl,m cpakEr►g€ a�ltim cleaning,bath— aitd s tc r+ rt�tg 6 sed ern the rilema� .ehe g resuttsan ,"Gut est tic prcfb%iris shalt as taste;to lus,s ataing_af po elatit,etc a pr. Y€�ct r ay want to r€st it Itou ehald"water trealtent wstem: ta=address aest(ietico # � ; Barium., . `. �udittttr�t Cl�rotntut�t> �tucr€1e fan n�fa esiu act eieitrn iluer zinc Far rttare;�efarrttt710n r gurr irr ?ater wort writer reso aj tz rt; North Carolina Cooperative Extension Service W"torQuality nte Management Iron and Manganese in Household Water Prepared by: Glenda M.Herman,Extension Housing Specialist Published by:North Carolina Cooperative Extension Service Publication Number:HE-394 Last Electronic Revision: March 1996(JWM) Iron and manganese are minerals found in drinking water supplies.These minerals will not harm you,but they may cause reddish-brown or black stains on clothes or household fixtures.Under guidelines for public water supplies set by the Environmental Protection Agency(EPA),iron and mangenese are considered secondary contaminants. Secondary standards apply to substances in water that cause offensive taste,odor,color,corrosion,foaming,or staining but have no direct affect on health. The standard Secondary Maximum Contaminant Level(SMCL)for iron is 0.3 milligrams per liter(mg/L or ppm)and 0.05 mg/L for manganese.Private water supplies are not subject to federal standards,but these standards can be used as guidelines to evaluate the quality of water from wells or springs. The four forms of iron and manganese commonly found in drinking water are ferrous,ferric,organic and iron bacteria. Normally,water appears clear when first drawn from the cold water faucet. If yours is not, it may contain ferric iron or organic iron,Both color the water.Ferric iron precipitates or settles out.Organic iron does not settle out.In well water, insoluble iron oxide is converted to a soluble form of ferrous(dissolved)iron.Ferrous iron is colorless,but when in contact with air,it oxidizes readily,creating reddish-brown, solid particles that then settle out as ferric oxide. Manganese is similar to iron but forms a brownish-black precipitate and stains.Manganese is less commonly found in groundwater than iron,rarely found alone in a water source,and generally found with dissolved iron. Health Considerations The presence of iron and manganese in water is not considered health problem.In fact,small concentrations are essential to human health.However,high concentrations of iron may give the water an unpleasant metallic taste while still being safe to drink.When iron combines with tea,coffee,and alcoholic beverages, it produces an unappetizing inky,black appearance and a harsh, offensive taste.Vegetables cooked in iron-contaminated water turn dark and look unappetizing. Iron bacteria(a harmless bacteria),occur in soil,groundwater,and some surface waters. Iron bacteria are considred harmless to health,how-ever,they may give water an off taste or color,cause splotchy yellow stains on laundry,and clog water systems.Iron bacteria usually appear as stringy,slimy,mucous-like substances sus-pended in fresh water and may be colored brown,red,or white.They thrive on iron in the sink or metal parts of the water system and are most easily seen on the inside surface of the toilet tank. http://www.bae.ncsu.edu/programs/extension/publicat/wgwm/he394,html 12/30/2008 Testing A water analysis should be done to determine the source of the iron and manganese.Iron and manganese may be present in the water supply or be caused by corroding pipes(iron or steel). Iron from pipe corrosion indicates low pH that may need to be corrected. A water treatment equipment company or testing laboratory can test water for dissolved or oxidized iron or manganese. Call the North Carolina Cooperative Extension Service center in your county or the public health of fice for names of laboratories that perform tests for colloidal or organic-complexed iron and manganese. Ask the testing laboratory how to collect a water sample for an iron and manganese test. Generally,you should take the sample from the faucet closest to the pump.Allow the water to run for 5-10 minutes before sampling to obtain fresh water that has not been exposed to air. Do not sample water that has gone through a water heater or a water treatment unit such as a softener.If the water is clear when first drawn,but red or black particles appear after the water settles, dissolved iron and manganese are present.If the water has a red tint but no particles settle out after a time,colloidal iron is the cause.Reddish brown or black brown slimy masses inside the toilet tank indicate iron or manganese bacteria. Laboratory tests are recommended in all cases to determine iron and manganese concentrations. Treatment Iron and manganese treatment should be based on a chemical analysis of the water show-ing the type and concentration present.There are five treatment methods for the removal of iron and manganese from home water systems. WATER SOFTENER(CATION EXCHANGE) A water softener can remove small amounts of ferrous iron and manganese. Iron and manganese in untreated water are flushed from the softener medium(ion exchange)by backwashing(forcing sodium-rich water back through the unit). This process adds sodium to the resin medium,and iron and manganese are carried away in waste water. The amount of iron and manganese a softener can remove depends on the water properties,the types of regeneration and backwash controls, and the ion exchange resin or zeolite used. You must maintain a clean resin bed by frequent and thorough backwashing and regeneration.Manufacturer literature should be carefully studied and system set-up and operation instructions followed. Caution: Water softeners treat hard water by adding sodium to the water,a health concern for people on sodium-restricted diets.For this reason,you may want to connect a softener only to the hot water line leaving cold,unsoftened water for cooking and drinking.In iron and manganese removal,the softener must treat both hot and cold water since sinks,laundry,and dishwashing equipment are affected.A separate tap can be installed to provide unsoftened water for cooking and drinking. AERATION Dissolved iron and manganese are easily oxidized to a solid form by mixing with air.A pressure aerator mixes air with the water,the air is vented,and then the solid particles are filtered from the water. This method adds no chemicals to the water and is most effective in warm climates.The filter must be backwashed frequently to properly maintain the system.To protect the water from contamination by bacteria in the air,the system should be totally enclosed and only biologically safe water should be used. The appropriate pumping capacity must be maintained for adequate air intake. OXIDIZING (CATALYST)FILTER When the total combined iron and manganese concentration is less than 15 mg/l,an oxidizing filter(natural managanese greensand,manufactured silica gel zeolite coated with manganese dioxide,plastic resin beads,or pumicite),is recommended.Some filters are coated with a manganese oxide and are regenerated by using a potassium permanganate solution.An oxidizing filter supplies oxygen to convert ferrous iron into a solid form which can be filtered out of the water. http://www.bae.ncsu.edu/programs/extension/publicat/wgwm/he394.html 12/30/2008 fluent backwashing and stirring of a manganese greensand bed helps prevent an iron-fouled bed.After several weeks use,the greensand filter should be backwashed with potassium permanganate to remove solid particles and regenerate(recoat)the greensand to allow absorbation of more dissolved minerals. Synthetic filters,such as zeolite, requires less backwash water and softens the water as it removes the iron and manganese. CHLORINATION AND FILTRATION When the iron and manganese content of the water is extremely high(above 10 ppm),a combination of chemical treatment and filtration is necessary. Small chemical pumps are used to add chlorine bleach,potassium permanganate, or hydrogen peroxide into the water.After a retention time of at least 20 minutes to allow for oxidation of ferrous iron into the insoluble ferric form,the solid particles are filtered out. When chlorine is used,the treated water can have an unpleasant taste if a particle filter of calcite,sand,anthrocite,or aluminum silicate is used.Use an activated carbon filter to remove both excess chlorine and solid iron and manganese particles.Backwash frequently. Some units have an automatic backwash cycle. OTHER TREATMENTS Complexation is a simple and low cost method for removing iron and manganese up to 3 mg/L.A phosphate compound is added to the water to complex(tie up)the dissolved iron or manganese.However,adding phosphates to water supplies is not allowed by law in North Carolina. If organic-complexed or colloidal iron/manganese is present in the untreated water,a longer contact time and higher levels of chemical are necessary for the oxidation reaction to take place.Aluminum sulfate(alum)eases filtration by causing larger iron/manganese particles to form. A multistage treatment operation may be necessary if your water has high levels of iron and manganese and they are in both the dissolved and solid forms.For example,the water could first be aerated,than chlorinated to oxidize residual iron and kill iron bacteria,and then filtered through a mechanical device to remove particles. This can be followed by activated carbon filtration to remove excess chlorine and a water-softener for hardness control as well as removal of any residual dissolved iron and manganese. Summary of Treatment Options for Iron and Manganese Symptom Cause Treatment Water clear when drawn, Dissolved iron or Water softener (less than 5 mg/L of reddish-brown or.black particles manganese. iron) appear as water stands; reddish Aeration (less than 25 mg/L of iron) . brown or black stains on fixtures Oxidation/Filtration (less than 15 or laundry. mg/L of iron plus manganese) . Chlorination-Filtration (greater than 10 mg/L of iron) . Water contains reddish-brown Iron particles from Raise pH with neutralizing filter that particles when drawn; particles corrosion of pipes also filters particles. settle out as water stands. and equipment. Water contains reddish-brown Oxidized iron, Particle filter (if quantity of oxidized or black particles when drawn; manganese, or both material is high, use larger filter than particles settle out as water due to exposure of in line, e.g. sand filter) . stands. water to air prior to tap. Reddish-brown or black slime Iron bacteria. Kill bacteria masses by shock treat- appears in toilet tank or from Manganese bacteria. ment with chlorine or potassium faucet. permanganate, then filter; may re- quire continuous feed of chlorine or potassium permanganate, then filter. http://www.bae.ncsu.edu/programs/extension/publicat/wgvaiAe394.html 12/30/2008 Reddish or black color that Colloidal iron, Chemical oxidation with chlorine or remains after 24 hours. manganese, or both. potassium permanganate. Organic-complexed iron, manganese, or both. Summary Iron and manganese are common household water contaminants with no known direct health effects at levels found in water.Their presence may cause staining and offensive tastes and odors.Treatment of these secondary contaminants de pends on the form in which they occur,and the levels of concentration.Iron and manganese removal,bacteria control,water softening and treatment for any other contamination may be separate problems, yet they must be considered together.Accurate testing is important prior to selection of a treatment system.The table on page 3 may help you identify and determine treatment(s)for iron and manganese in household water supplies. References Kolega,John J. Water Conditioning and Treatment of Iron and Manganese. Fact Sheet 9.University of Connecticut Cooperative Extension Service. 1989. Machmeier,Roger E.Iron in Drinking Water:University of Minrkesota Agricultural Extension Serivice. 1971. Plowman,Faye T.Iron and Manganese.Fact Sheet 5.University of New Hampshire Cooperative Extension Service. 1989. Wagnet,Linda and Ann Lemley.Iron and Manganese in Household Water.Fact Sheet 6.Cornell Cooperative Extension. 1989. Distributed in furtherance of the Acts of Congress of May 8 and June.30,1914.Employment and program opportunities are offered to all people regardless of race,color,national origin,sex,age,or disability.North Carolina State University,North Carolina A&T State University,U.S.Department of Agriculture,and local governments cooperating. HE-394 EEO_:: Back u one Return to"WM Home Pagell http://www.bae.ncsu.edu/programs/extension/publicat/wgwm/he394.html 12/30/2008 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary WaterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director October 14, 2016 DWR# 16-0935 Jackson County Lisa Williams 210 Tahala Trail Cullowhee, NC 28723 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION 210 Tahala Trail-Lake Glenville Dear Ms. Williams: In accordance with your application dated September 21, 2016, approval has been granted for the impacts listed in the table below. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and any additional conditions listed below. Project impacts are covered bythe attached Water Quality General Certification Number 3898 and the conditions listed below. This certification is associated with the use of General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with your project, including those required by(but not limited to)Erosion and Sediment Control,Water Supply Watershed and Trout Buffer regulations. IMPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved Permanent Open Waters Above Pool Below Pool 0.0022 (acres) 0.0091 (acres) State of North Carolina I Environmental Quality I Water Resources 2090 US Hwy 701 Swannanoa,North Carolina 28778 828 296 4500 Williams—210 Tahala Trail \ Page 2 \ \ ADDITIONAL CONDITIONS 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 2. All banks shall be laid back to of least a 2:1 (length height) slope and riprap applied at the water/land interface (at full pool). Riprap shall be placed as a linear protective measure upon the regraded slopes. Stone used in stabilization shall be of a size and density sufficient to prevent movement by wave or current action and shall consist of clean rock or masonry material free of debris or toxic pollutants. The rip-rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall. [15A NCAC 02H .0507 (c)] 3. Replant or allow the re-establishment of native vegetation in areas within the project boundary where it has been removed per Exhibit 1 of the Duke Shoreline Management Guidelines. 4. The permitee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and(c)(2)] This approval and its conditions are final and binding unless contested. This Certification canoe contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. Williams—210 Tahala Trail Page 3 A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:OOam and 5:OOpm, excluding official state holidays). The petition may be faxed to the OAH at(919) 431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc).- Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H.0500. Please contact Tim Fox at 828-296-4664 or tim.fox,ncdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Asheville Regional Office Williams—210 Tahala Trail ' Page 4 Enclosures: GC 3898 Certificate of Completion cc: DWR ARO 401 files ec: Hubert Bryson—Bryson Trucking Kevin Holland-Duke Energy David Brown-USACE Asheville Regulatory Field Office Andrea Leslie -NCWRC Stan Aiken-DEMLR G:\WR\WQ\Jackson\401s\Non-DOT\Williams 210 Tahala Trail Lake Glenville\APRVL.401Williams 210 Tahala Trail 10-14-2016.docx PAT MCCRORY y' Governor DONALD R. VAN DER VAART Secretary WaterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALIFY Director October 12, 2016 Timothy Parton, Owner Gilkey Lumber Company Inc. 441 Lawing Mill Road Union Mills,NC 28167 SUBJECT: Compliance Evaluation Inspection Gilkey Lumber Log Sprinkler System Wastewater Recycle System Permit No: WQ0020680 Rutherford County Dear Mr. Parton: Enclosed please find a copy of the Compliance Evaluation Inspection Form from the inspection conducted on 10/10/2016. The facility was found to be in compliance with permit WQ0020680. The inspection was in conjunction with the permit renewal request. Should there be a need for additional information regarding the renewal, you will receive separate correspondence from our central office. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Beverly Price Environmental Senior Specialist Enc. cc: MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\Rutherford\Wastewater\Non-discharge\Gilkey Lumber\CEI.10-10-2016.docx State of North Carolina Environmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 828 296 4500 `'� \\ ��_ �, ��i' ��' Compliance Inspection Report Permit: WQ0020680 Effective: 06/08/07 Expiration: 05/31/16 Owner: Gilkey Lumber Company Inc SOC: Effective: Expiration: Facility: Gilkey Lumber-Rutherfordton Facility County: Rutherford 2250 US Hwy 221 N Region: Asheville Rutherfordton NC 28139 Contact Person: Michael B Parton Title: General Manager Phone: 828-286-9069 Directions to Facility: From Marion take Hwy.221 south to Gilkey. Facility is located on the left. System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): 24 hour contact name Tim Parton 828-287-8003 On-site representative Ben Parton 828-286-9069 Related Permits: Inspection Date: 10/10/2016 Entry Time: 09:OOAM Exit Time: 10:OOAM Primary Inspector: Beverly Price" e) Phone: 828-296-4500 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Closed-Loop Recycle Facility Status: Compliant Not Compliant Question Areas: Miscellaneous Questions (See attachment summary) Page: .1 permit: WQ0020680 Owner-Facility:Gilkey Lumber Company Inc Inspection Date: 10/10/2016 Inspection Type:Compliance Evaluation Reason for Visit: Routine Inspection Summary.- The inspection was conducted by Beverly Price and Mikal Willmer of the Asheville Regional Office. The inspection was in conjunction with a request for permit renewal. Ben Parton assisted with the inspection. The recycle(wet-deck)system has not been used in approximately 10 years, The permittee is also considering requesting rescission of the permit as they do not anticipate starting up the wet-deck system in the future. The only water going to the system is stormwater from the former wet-deck area. The permittee also holds a Stormwater permit(NCG210156)that could possibly utilize the recycle pond. Per Mr. Parton,the 400 gpm recycle pump and the sprayheads have been removed from the system. If the permit is renewed,an updated site map should be submitted. The map should reflect the system components that are currently in-place. Freeboard is being maintained in the recycle pond. The freeboard requirement is 4.4ft. Freeboard was in excess of 4.4ft. The weeds on the dam need to be mowed. Page: 2 Permit: WQ0020680 Owner-Facility:Gilkey Lumber Company Inc Inspection Date: 10/10/2016 Inspection Type:Compliance Evaluation Reason for Visit: Routine Type Yes No NA NE Reuse(Quality) ❑ Infiltration System ❑ Lagoon Spray,LR ❑ Activated Sludge Spray, LR ❑ Single Family Spray,LR ❑ Activated Sludge Drip,LR ❑ Activated Sludge Spray, HR ❑ Single Family Drip ❑ Recycle/Reuse Page: 3 <ti, i�ar 1rr1 a JYII+r33 ,.AN Certified Mail#7015 1520 0003 5463 1162 Return Receipt Requested October 14, 2016 Theresa Coletta,Mayor Town of Burnsville PO Box 97 " Burnsville,NC 28714-0097 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 No. WQCS00143 Town of Burnsville Burnsville Collection System Case No.DV-2016-0088 Yancey County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$1,368.75 ($1,250.00 civil penalty +$118.75 enforcement costs)against Town of Burnsville. 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 Burnsville. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit No. WQCS00143 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 Town of Burnsville violated the terms,conditions or requirements of Collection System Permit No. WQCS00143 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 maybe assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources,I,G.Landon Davidson, P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Town of Burnsville: State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 $1,250.00 For 1 of the 1 other violations of Collection System Permit No. WQCS00143. $1,250.00 TOTAL CIVIL PENALTY $118.75 Enforcement Costs - $1,368.75 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(30) days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Steven Lewis PERCS Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 .on 2: Submit a written request for remission or mitigation including a detailed justification for such ,quest: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted,and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission you must complete and submit the enclosed"Request for Remission of Civil Penalties Waiver of Right to an Administrative Hearing` and Stipulation of Facts"form within th' (�rt�30)days of receipt of this notice The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Steven Lewis PERCS Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 AND G.Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDEQ 2090 U.S. 70 Highway Swannanoa,NC 28778 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrativ. hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition wit, 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 DEQ as follows: Mr. Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter)on the petition. Failure to exercise one of the options above within thirty(30)days of receipt of this letter, as evidenced by an internal date/time received stamp(not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Linda Wiggs with the Division of Water Resources staff of the Asheville Regional Office at(828)296-4653 or via email at linda.wiggs@ncdenr.gov. Sincerely, G. Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office-Enforcement File NPDES Compliance/Enforcement Unit-Enforcement File GAWR\WQ1Yancey\Coiection Systems\Burnsville Collection System\DV-2016-0088.SSO 8-5-2016.rtf JUSTIFICATION FOR REMISSION REQUEST Case Number: DV-2016-0088 County: Yancey Assessed Party: Town of Burnsville Permit No.: WQCS00143 Amount Assessed: $1,368.75 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation,including copies of supporting documents, as to why the factor applies(attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: I,, STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF YANCEY IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TORN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Town of Burnsville } Burnsville Collection System ) PERMIT NO. WQCS00143 ) CASE NO. DV-2016-0088 Having been assessed civil penalties totaling$1,368.75 for violation(s)as set forth in the assessment document of the Division of Water Resources dated October 14,2016,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the notice of assessment. This the day of 520 L: SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Town of Burnsville CASE NUMBER: DV-2016-0088 PERMIT NO: WQCS00143 REGION: Asheville FACILITY: Burnsville Collection System COUNTY: Yancey Other Violations INCIDENT VIOLATION PENALTY NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION AMOUNT 201601355 8/5/2016 CSO/SSO(Sewer Overflow) Discharge without valid permit $1,250.00 FI+lAI? `A 1ERR I1LW Certified Mail#7015 1520 0003 5463 0073 Return Receipt Requested October 17,2016 Henderson's Assisted Living Mizpah Healthcare Inc 74 Lotus Lane Hendersonville,NC 28792 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute(G.S.) 143-215.l(a)(6) and NPDES WW Permit No.NCO071897 Mizpah Healthcare Inc Henderson's Assisted Living WWTP Case No. LV-2016-0206 Henderson County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$366.62($250.00 civil penalty+ $116.62 enforcement costs)against Mizpah Healthcare Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by Mizpah Healthcare Inc for the month of April 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.NC0071897. The violations,which occurred in April 2016, are summarized in Attachment A to this letter. Based upon the above facts,I conclude as a matter of law that Mizpah Healthcare hie violated the terms, conditions or requirements of NPDES WW Permit No.NCO071897 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.l(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources,I, G.Landon Davidson, P.G., Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Mizpah Healthcare Inc: State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 $250.00 1 of the 1 violations of 143-215.1(a)(6)and Permit No.NC0071897,by discharging wastewater in. the waters of the State in violation of the Permit Monthly Average for FLOW. \\ l $250.00 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $366.62 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty(30) days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of. Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 .,tion 2: Submit a written request for remission or mitigation including a detailed justification for such equest: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the.accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. 'Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted,and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B 282.I(b)was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty(30)days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative`, hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition wit? the Office of Administrative Hearings within thirty(30)days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may filed by facsimile(fax)or electronic mail by an attached file(with restrictions)-provided the signed original, one(1)copy and a filing fee(if a filing fee is required by NCGS §15013-23.2)is received in the Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)431-3000 Fax: (919)431-3100 One(1)copy of the petition must also be served on DEQ as follows: Mr. Sam M.Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter)on the petition. Failure to exercise one of the options above within thirty(30)days of receipt of this letter, as evidenced by an internal date/time received stamp(not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at(828)296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office-Enforcement File NPDES Compliance/Enforcement Unit-Enforcement File James &James Environmental/ORC U.titR;FVQ`li itletsuntt�lrtwater\',tntirr,';F[end<ro�,.tssisr [a m�?!RVTt:V_04 n2'vv.rr: JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2016-0206 County: Henderson Assessed Party: Mizpah Healthcare Inc Permit No.: NC0071897 Amount Assessed: $366.62 Please use this form when requesting remission of this civil penalty. You must also complete the 'Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies(attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Mizpah Healthcare Inc ) Henderson's Assisted Living WWTP ) PERMIT NO.NCO071897 ) CASE NO. LV-2016-0206 Having been assessed civil penalties totaling$366.62 for violation(s)as set forth in the assessment document of the Division of Water Resources dated October 17, 2016,the undersigned, desiring to seek remission of the civil penalty,does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the notice of assessment. This the day of ,20 SIGNATURE ADDRESS TELEPHONE } �i ATTACHMENT A Mizpah Healthcare Inc CASE NUMBER: LV-2016-0206 PERMIT: NCO071897 REGION: Asheville FACILITY: Henderson's Assisted Living WWTP COUNTY: Henderson LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 -Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 4/30/2016 4-2016 Flow, in conduit or thru Weekly mgd 0.01 0.00 35.7 Monthly $250.00 treatment plant Average Exceeded Certified Mail#70151520 0003 5463 0080 Return Receipt Requested October 17,2016 Ron Nalley, Town Manager Town of Lake Lure PO Box 255 Lake Lure,NC 28746-0255 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute(G.S) 143-215.1(a)(6) and NPDES WW Permit No.NCO025381 Town of Lake Lure Lake Lure WWTP Case No. LM-2016-0023 Rutherford County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$1,156.63 ($1,040.01 civil penalty +$116.62 enforcement costs)against Town of Lake Lure. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by Town of Lake Lure for the month of June 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.NC0025381. The violations, which occurred in June 2016,are summarized in Attachment A to this letter. Based upon the above facts,I conclude as a matter of law that Town of Lake Lure violated the terms, conditions or requirements of NPDES WW Permit No.NCO025381 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.l(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources,l, G.Landon Davidson, P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Town of Lake Lure: State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 $937.50 1 of the 1 violations of 143-215.I(a)(6)and Permit No.N00025381,by discharging waste water:, the waters of the State in violation of the Permit Monthly Average for N113-N-Cone. $47.51 for 1 of the 1 failures to properly monitor ALUMINUM in violation of Permit No.NCO0253 81. $55.00 for 1 of the 1 failures to properly monitor IRON in violation of Permit No.NCO025381. $1,040.01 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $1,156.63 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty(30)days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver form). Payment of the penalty will not foreclose further,enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 in 2: Submit a written request for remission or mitigation including a detailed justification for such .guest: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation�and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted,and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission you must complete and submit the enclosed"Request for Remission of Civil Penalties Waiver of Right to an Administrative Hearing and Stipulation of Facts"form within thinly(30)days of receipt of this notice The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative. hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition witt the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed 4 when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions) -provided the signed original, one(1)copy and a filing fee(if a filing fee is required by NCGS §15013-23.2)is received in the Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)431-3000 Fax: (919)431-3100 One(1)copy of the petition must also be served on DEQ as follows: Mr. Sam M.Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,North Carolina 27699-1601 ' Please indicate the case number(as found on page one of this letter)on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp(not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at(828)296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, i G. Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office-Enforcement File NPDES Compliance/Enforcement Unit-Enforcement File Byers Environmental/ORC �.14R.tVQ`•.R.ihuii rd'SFas.eu ace.'iIunicipalFCnl:e Lurz 6VWTD 75.41JAI-.)16-00'_3.rtf JUSTIFICATION FOR REMISSION REQUEST ease Number: LM-2016-0023 County: Rutherford Assessed Party: Town of Lake Lure Permit No.: NC0025381 Amount Assessed: $1,156.63 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation,including copies of supporting documents, as to why the factor applies(attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were wrongfully applied to the detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF RUTHERFORD IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Town of Lake Lure ) Lake Lure WWTP ) PERMIT NO.NCO0253 S 1 ) CASE NO. LM-2016-0023 Having been assessed civil penalties totaling$1,156.63 for violation(s) as set forth in the assessment document of the Division of Water Resources dated October 17, 2016,the undersigned;desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of ,20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Town of Lake Lure CASE NUMBER: LM-2016-0023 PERMIT: NCO025381 REGION: Asheville FACILITY: Lake Lure WWTP COUNTY: Rutherford LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 -Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 6/30/2016 6-2016 Nitrogen,Ammonia 3 X week mg/I 9.40 13.40 42.1 Monthly $937.50 Total(as N)- Average Concentration Exceeded MONITORING VIOLATION(S) SAMPLE LOCATION: Outfall 001 -Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty ---Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount w4/2016 6-2016 Aluminum,Total(as Weekly mg/I Frequency $47.51 Al) Violation 6/4/2016 6-2016 Iron,Total(as Fe) Weekly mg/I Frequency $55.00 Violation ITAI? �'3ER VAF . €, Certified Mail#7015 1520 0003 5463 0097 Return Receipt Requested October 17,2016 Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest,NC 28768 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6) and NPDES WW Permit No.N00073741 A&D Water Service Inc Mountain Valley WWTP Case No. LV-2016-0207 Henderson County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$316.62 ($200.00 civil penalty+ $116.62 enforcement costs)against A&D Water Service Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by A&D Water Service Inc for the month of June 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.NC0073741. The violations,which occurred in June 2016, are summarized in Attachment A to this letter. Based upon the above facts,I conclude as a matter of law that A&D Water Service Inc violated the terms, conditions or requirements of NPDES WW Permit No.NCO073741 and G.S. 143-215.1(a)(6)in the manner and extent shown in Attachment A. In accordance with the maximums.established by G.S. 143-215.6A(a)(2),a civil penalty maybe assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources,I, G.Landon Davidson, P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against A&D Water Service Inc: State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 $100.00 1 of the 2 violations of 143-215.1(a)(6)and Permit No.N00073741,by discharging waste water it_ the waters of the State in violation of the Permit Daily Maximum for FCOLI BR. $100.00 1 of then violations of 143-215.1(a)(6)and Permit No.N00073741, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for TSS-Conc. $0.00 0 of the 1 violations of 143-215.1(a)(6)and Permit No.NC0073741,by discharging waste water into the waters of the State in violation of the Permit Monthly Average for BOD- Conc. $200.00 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $316.62 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty(30)days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 ion 2: Submit a written request for remission or mitigation including a detailed justification for such -quest: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 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 Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore,it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties Waiver of Right to an Administrative Hearing,and Stipulation of Facts"form within thirty(30)days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition wit) the Office of Administrative Hearings within thirty(30)days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions)-provided the signed original,one(1)copy and a filing fee(if a filing fee is required byNCGS §150B-23.2)is received in the Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)431-3000 Fax: (919)431-3100 One(1)copy of the petition must also be served on DEQ as follows: Mr. Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,North Carolina 27699-1601 ' Please indicate the case number(as found on page one of this letter)on the petition. Failure to exercise one of the options above within thirty(3 0)days of receipt of this letter, as evidenced by an internal date/time received stamp(not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at(828)296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office-Enforcement File NPDES Compliance/Enforcement Unit-Enforcement File Ci'li'ftF4VQ\Hendersontb'a ta:varai`'tlinim:llinuitain Vtdlev°3NPJ,V-2010-f)2v7.11f JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2016-0207 County: Henderson Assessed Party: A&D Water Service Inc Permit No.: NC0073741 Amount Assessed: $316.62 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty maybe granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies(attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS A&D Water Service Inc ) Mountain Valley WWTP ) PERMIT NO.NCO073741 ) CASE NO. LV-2016-0207 Having been assessed civil penalties totaling$316.62 for violation(s)as set forth in the assessment document of the Division of Water Resources dated October 17, 2016,the undersigned, desiring to seek remission of the civil penalty,does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30) days of receipt of the notice of assessment: No new evidence in support of a remission request will be allowed after(30)days from the receipt of the notice of assessment. This the day of ,20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A A&D Water Service Inc CASE NUMBER: LV-2016-0207 PERMIT: NCO073741 REGION: Asheville FACILITY: Mountain Valley WWTP COUNTY: Henderson LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 -Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 6/30/2016 6-2016 BOD 5-Day(20 Deg. Weekly mg/1 30 32.60 8.7 Monthly $0.00 C)-Concentration Average Exceeded 6/2/2016 6-2016 Coliform, Fecal MF, Weekly #/100ml 400 600 50.0 Daily Maximum $100.00 MFC Broth, 44.5 C Exceeded 6/30/2016 6-2016 Coliform, Fecal MF, Weekly #/100ml 400 440 10.0 Daily Maximum $0.00 MFC Broth,44.5 C Exceeded 6/2/2016 6-2016 Solids,Total Weekly mg/I 45 52 15.6 Daily Maximum $0.00 Suspended- Exceeded Concentration 6%16/2016 6-2016 Solids,Total Weekly mg/I 45 59 31.1 Daily Maximum $100.00 Suspended- Exceeded Concentration Certified Mail#7015 1520 0003 5463 0103 Return Receipt Requested October 17, 2016 Gavin A Brown Town of Waynesville PO Box 100 Waynesville,NC 28786 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6) and NPDES WW Permit No.NCO025321 Town of Waynesville Waynesville WWTP -'` Case No. LV-2016-0208 -� Haywood County Dear Permittee: This letter transmits allotice of Violation and assessment of civil penalty in the amount of$616.62($500.00 civil penalty+ $116.62 enforcement costs)against Town of Waynesville. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by Town of Waynesville for the month of June 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.NC0025321. The violations, which occurred in June 2016, are summarized in Attachment A to this letter. Based upon the above facts,I conclude as a matter of law that Town of Waynesville violated the terms, conditions or requirements of NPDES WW Permit No.NCO025321 and G.S. 143-215.l(a)(6)in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2),a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources,I,G.Landon Davidson, P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Town of Waynesville: State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 $500.00 1 of the 1 violations of 143-215.1(a)(6)and Permit NO.NC0025321, by discharging waste watei. the waters of the State in violation of the Permit Weekly Geometric Mean for FCOLI BR. $500.00 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $616.62 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health,or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty(30)days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 i a 2: Submit a written request for remission or mitigation including a detailed justification for such guest: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare"a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 1.43B-282.1(b)was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties Waiver of Right to an Administrative Hearing and Stipulation of Facts"form within thirty(30)days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrati�, hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition wig. the Office of Administrative Hearings within thirty(30)days of receipt of this notice. A petition is considered filed _ when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions)-provided the signed original, one(1)copy and a filing fee(if a filing fee is required by NCGS §15013-23.2)is received in the Office of Administrative Hearings within seven(7)business-days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)431-3000 Fax: (919)431-3100 One(1)copy of the petition must also be served on DEQ as follows: Mr. Sam M.Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,North Carolina 27699-1601 � Please indicate the case number(as found on page one of this letter)on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp(not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at(828)296-4667 or via email at janet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office-Enforcement File NPDES Compliance/Enforcement Unit-Enforcement File -" Ci°1.k'H`.SVt)`•,L-layecotd.\�'asie:cvatcr'; Lmicipai`.Vaynes:iI':c WATP'S32l`A_'r1b-02t,,'nt' JUSTIFICATION FOR REMISSION REQUEST —Ase Number: LV-2016-0208 County: Haywood Assessed Party: Town of Waynesville Permit No.: NCO025321 Amount Assessed: $616.62 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies(attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were wrongfully applied to the detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF HAYWOOD IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Town of Waynesville ) Waynesville WWTP ) PERMIT NO.NCO025321 ) CASE NO. LV-2016-0208 Having been assessed civil penalties totaling$616.62 for violation(s)as set forth in the assessment document of the Division of Water Resources dated October 17,2016,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the notice of assessment. This the day of ,20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Town of Waynesville CASE NUMBER: LV-2016-0208 ;r'ERMIT: NCO025321 REGION: Asheville FACILITY: Waynesville WWTP COUNTY: Haywood LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 -Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 6/18/2016 6-2016 Coliform, Fecal MF, 5 X week #/100ml 400 838.00 109.5 Weekly $500.00 MFC Broth,44.5 C Geometric Mean Exceeded ,. i �� _._- PATMCCRORY D0NALDI Ri ,N �RT'DER Nr iarro #s KJATZIMMERMANT i�zrar Certified Mail #7015 1520 0003 5463 1148 Return Receipt Requested October 17, 2016 Ronald Kitchen 144 White Oak Rd. Waynesville, NC 28785 SUBJECT: NOTICE OF DEFICIENCY Tracking Number: NOD-2016-PC-0405 Permit No. NCG550412 144 White Oak Rd. Haywood County °ar Permittee: Your property located at 144 White Oak Rd. has a General NPDES permit with the State of North Carolina. This permit is for a Single Family Residence (SFR) wastewater treatment system that discharges into a waters of the State. As owners, you are responsible for maintaining this system in compliance with the current NCG550000 permit. A copy of this permit can be found online at http://deg.nc.gov about divisions water-resources water- resources-perm its/wastewater-branch/npdes-wastewater/general-perm its. The North Carolina Division of Water Resources conducted a Compliance Evaluation Inspection of the system on August 26, 2016. This inspection was conducted to verify that the SFR is operating in compliance with the conditions and limitations specified in NPDES WW Permit No. NCG550412. A summary of the findings and comments noted during the inspection are provided in the enclosed copy of the inspection report. The Compliance Evaluation inspection was conducted by Division of Water Resources staff from the Asheville Regional Office (ARO). The following deficiencies were noted during the inspection: Inspection Area Description of Deficiency Effluent Sampling Annual sampling records were not available at the time of the inspection. [NCG550000 Part I. A. Effluent Limitations and Monitoring Requirements(see table in NCG550000 permit)] Effluent Pipe Effluent pipe broken. Unable to locate where the discharge pipe exits the treatment system. [NCG550000 Part I. A. 4. (Operations&Maintenance)All system components, including but not necessarily limited to, septic tanks,surface sand filters, other filter components, pump/recirculation tanks, disinfection units and the outfalls shall be maintained at all times and in good operating order.] Permit Permittee is not the current owner. Change of ownership required. Septic Tank Septic tank maintenance records were not available at the time of the inspection. [NCG550000.Part I.A. 3. Permit Conditions(Operations&Maintenance) Sept' tanks shall be inspected at least yearly to determine if solids must be removes► if other maintenance is necessary. Septic tanks shall be pumped out every five years or when the solids level is found to be more than 1/3 of the liquid depth in any compartment.] Corrective Measures for the deficiencies noted above: Effluent Sampling: Sample or document no discharge and submit to ARO. Permit: Complete and submit enclosed Permit Name/Ownership Change Form to Raleigh. Septic Tank: Provide receipt of septic tank pumping to ARO. Effluent Pipe: Locate and repair effluent pipe. Submit documentation of repair to ARO. Compliance Issue: Vegetation surrounding and leading to treatment areas was overgrown. Access should be maintained to all treatment areas for monitoring and routine maintenance. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. To prevent further action, please respond in writing to this office within 30 days upon receipt of this Notice regarding your plans or measures to be taken to address the indicated deficiencies and compliance issues. If you should have any questions, please do not hesitate to contact Mikal Willmer with the Water Quality Regional Operations Section in the Asheville Regional Office at 828-296-4686 or by email at mikal.willmer@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS: Inspection Report Permit Name/Ownership Change Form Cc:WQS Asheville Regional Office- Enforcement File NPDES Compliance/Enforcement Unit- Enforcement File G:\WR\WQ\Haywood\Wastewater\General\NCG55 SFR\NCG550412-Kitchen\NOD-2016-PC-0405.docx 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 2 h 1 3 I NCG550412 11 12 16/08/26 17 181 r 19 1 Gj 201 Ltd 21111111 111111111 II 1111111 1111111 111111111 I I f6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -Reserved I 671 70I I 71 Ity I 72 1 N 1 73I ' '74 751 I I I I I I 180 L_J Section B:Facility Data 1-1 Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 11:20AM 16/08/26 13/08/01 White Oak Rd. 144 White Oak Rd Lot#2 Exit Time/Date Permit Expiration Date Maggie Valley NC 28751 11:45AM 16/08/26 18/07/31 Name(s)of Onsite Representative(s)/Tit]es(s)/Phone and Fax Number(s) Other Facility Data /// Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Raven Peggy Mords,PO Box 161 Maggie Valley NC 28751//704-926-8375/ No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance ■ Self-Monitoring Program Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Mika] Willmer ARO WQ//828-296-4686/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (Cont.) 31 NCG550412 11 121 16/08/26 17 18 I c Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The inspector(Mika)Willmer)was unable to contact and meet onsite with the current owner, Ronald Kitchen. Mr. Kitchen is not the listed permittee.A Name/Ownership Change Form should be submitted to Raleigh. Vegetation surrounding the home and leading down to the effluent pipe was overgrown. Unable to identify the exact location of the septic tank and sand filter trench. The PVC effluent pipe was located, but broken in two pieces. Neither piece was connected to the treatment system. Could not identify where the pipe exited the sand filter trench.There was no apparent septic smell or visible ponding leading to the effluent pipe. The house appears to be a vacation home or rental property for the current owners. �i Page# 2 Permit: NCG550412 Owner-Facility: White Oak Rd. Inspection Date: 08/26/2016 Inspection Type: Compliance Evaluation Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ❑ 0 ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable ❑ ❑ ■ ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: House sits on a rocky bank above Jonathan's Creek. Vegetation was overgrown. Unable to identify exact location of septic tank and sand filter trench. 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? ❑ ❑ 0 ❑ #Are there any special conditions for the permit? ❑ ❑ 0 ❑ Is access to the plant site restricted to the general public? ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? 0 ❑ ❑ ❑ Comment: Current owner(Ronald Kitchen) is not the listed permittee(Morris). Change of ownership needed. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ❑ ■ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ❑ Comment: Found general location of effluent pipe. PVC pipe was broken in two pieces. Unable to locate where the effluent pipe exits the sand filter trench. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ❑ ❑ i ❑ Is sample collected below all treatment units? ❑ ❑ ■ ❑ Is proper volume collected? ❑ ❑ ❑ Is the tubing clean? ❑ ❑ ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees ❑ ❑ 0 ❑ Celsius)? Is the facility sampling performed as required by the permit(frequency, sampling type ❑ 0 ❑ ❑ representative)? Comment: Annual sampling records were not available at the time of the inspection. See above. Septic Tank Yes No NA NE (If pumps are used)Is an audible and visual alarm operational? ❑ ❑ 0 ❑ Page# 3 Permit: NCG550412 Owner-Facility: White Oak Rd. Inspection Date: 08/26/2016 Inspection Type: Compliance Evaluation Septic Tank Yes No NA NE Is septic tank pumped on a schedule? ❑ ® ❑ ❑ Are pumps or syphons operating properly? ❑ ❑ 0 ❑ Are high and low water alarms operating properly? ❑ ❑ N ❑ Comment: Unable to locate septic tank This property appears to be a rental or vacation property. Could not contact owners to inquire about the septic tank maintenance. Page# 4 ;;� �easiar PATMCCRORY DO°I AL R. VAN DER.:VAAR w:dt W#71,Y A).yr,�+�.ry�o �^ y ',7> - NFF�&iz16.pul I tA`�ksSriY81'i8'3V3.F:r d lil D, Certified Mail #7015 1520 0003 5463 1131 Return Receipt Requested October 17, 2016 Devon Morris 504 Second St. Morganton, NC 28655 SUBJECT: NOTICE OF DEFICIENCY Tracking Number: NOD-2016-PC-0415 Permit No. NCG550655 4136NCHWY18S Burke County Dear Permittee: ne North Carolina Division of Water Resources conducted a Compliance Evaluation Inspection at 4136 NC HWY 18 S, Morganton, NC on September 1, 2016. This inspection was conducted to verify that the Single Family Residence wastewater (SFR) system is operating in compliance with the conditions and limitations specified in NPDES WW Permit No. NCG550655. A summary of the findings and comments noted during the inspection are provided in the enclosed copy of the inspection report. The Compliance Evaluation Inspection was conducted by Division of Water Resources staff from the Asheville Regional Office. The following deficiencies were noted during the inspection: Inspection Area Description of Deficiencies Effluent Sampling Annual sampling records were not available at the time of the inspection. [NCG550000 Part I. A. Effluent Limitations and Monitoring Requirements(see table in NCG550000 permit)] Septic Tank Septic tank maintenance records were not available at the time of the inspection. [NCG550000 Part I.A. 3. Permit Conditions(Operations&Maintenance) Septic tanks shall be inspected at least yearly to determine if solids must be removed or if other maintenance is necessary. Septic tanks shall be pumped out every five years or when the solids level is found to be more than 1/3 of the liquid depth in any compartment.] .Effluent Pipe Top effluent pipe appeared to be clogged with sediment. [NCG550000 Part I. A. 4. (Operations&Maintenance) All system components, including but not necessarily limited to, septic tanks,surface sand filters, other filter components, pump/recirculation tanks, disinfection units and the outfalls shall be maintained at all times and in good operating order.] Disinfection-Tablet Unable to determine if chlorine tablets were in use. [NCG550000 Part I. A.4. (Operations&Maintenance)All system components, \` including but not necessarily limited to, septic tanks, surface sand filters, other`__ filter components, pump/recirculation tanks, disinfection units and the outfalls shall be maintained at all times and in good operating order.] Corrective Measures for the deficiencies noted above: Effluent Sampling: Sample and report results to Asheville Regional Office. Septic Tank: Submit receipt of septic tank pumping to Asheville Regional Office. Effluent Pipe: Fix top effluent pipe and submit documentation of repair to Asheville Regional Office. Disinfection-Tablet: Submit receipt of chlorine tablet purchase (rated for wastewater) to Asheville Regional Office. Remedial actions should have already been taken to correct these problems and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. To prevent further action, please respond in writing to this office within 30 days upon receipt of this Notice regarding your plans or measures to be taken to address the indicated deficiencies and compliance issues. Additionally, I have attached a name/ownership change form should you wish to sell the property in the future. If you should have any questions, please do not hesitate to contact Mikal Willmer with the Water Quality Regional ) Operations Section in the Asheville Regional Office at 828-296-4686 or by email at mikal.willmer@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS: Inspection Report Name/ownership change form Cc:WQS Asheville Regional Office-Enforcement File NPDES Compliance/Enforcement Unit-Enforcement File G:\WR\WQ\Burke\Wastewater\General\NCG55 Single Family Residences\550655 Baird\Inspect.September 01,2016\NOD-2016-PC-0415.docx United States Environmental Protection Agency Form Approved. E P/�/1 Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type inspector Fac Type 1 IN 1 2 15 1 3 I NCG550655 11 1 12 16/09/01 17 18 19 1 S I 20 u 21II IIi ) ' � I � I iI II ) I ) II I I IIIII IIIIII�� ) I � �6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA — -Reserved 671 70 I I 71 I tyJ I 72 � ,,, � 73�LB L I74 75 80 LJ Section B:Facility Data LJ 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) 09:55AM 16/09/01 13/08/01 Laurel Creek Mobile Home Park Exit Time/Date Permit Expiration Date 4136NC Hwy 18S 10:35AM 16/09/01 18/07l31 Morganton NC 28655 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Jevon M Morris,508 Riverside Dr Morganton NC 28655H828433-7735/ No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit . Operations&Maintenance ■ Self-Monitoring Program ■ Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Mikal Willmar ARO WQH828-296-4666/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA For 0-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3) (Cont.) NCG550655 I11 12 16/09/01 17 18 ' ' Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) A compliance evaluation inspection was conducted at 4136 NC 18 S, Morganton, NC on 09/01/2016. The inspector(Mikal Willmer)was unable to contact and meet onsite with the current permittee. The property appeared to be mowed within the past couple of weeks. Located the septic tank covers and chlorine contact chamber for the system. Could not lift concrete lids to determine if routine maintenance was being conducted. Septic tank maintenance records were not available at the time of the inspection. A path was cleared down to Laurel Creek and the effluent pipes were visible and accessible. The inspector was able to locate what appeared to be two pvc effluent pipes.The top pipe was clogged with sediment.The bottom pipe had discharge, but this may have been from ground water infiltration. There was no apparent sewage smell coming from the pipe. The receiving stream appeared to be free of debris.Annual sampling records were not available at the time of the inspection. All treatment units should be properly maintained for compliance monitoring and to ensure a properly functioning treatment system. Mikal Willmer 10/12/2016: Spoke with Jevon Morris and David Baird. Property is still being managed by Mr. Morris. A new inspection letter will be sent to the updated address for Mr. Morris. Page# 2 Permit: NCG550655 Owner-Facility: Laurel Creek Mobile Home Park Inspection Date: 09/01/2016 Inspection Type: Compliance Evaluation Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 0 ❑ ❑ ❑ Does the facility analyze process control parameters,for ex:MLSS, MCRT,Settleable ❑ ❑ ® ❑ Solids,pH, DO, Sludge Judge, and other that are applicable? Comment: Property appeared to be mowed on a regular basis Located septic tank and chlorine contact chamber on property near Laurel Creek. 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? ❑ ❑ M Is access to the plant site restricted to the general public? ❑ ❑ 0 ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ 11 Comment: Permit fees are up to date Unable to contact and meet onsite with current owner. Mr. Morris currently manages the property. Septic Tank Yes No NA NE (If pumps are used)Is an audible and visual alarm operational? ❑ ❑ 0 ❑ Is septic tank pumped on a schedule? ❑ ■ ❑ ❑ Are pumps or syphons operating properly? ❑ ❑ 0 ❑ Are high and low water alarms operating properly? ❑ ❑ • ❑ Comment: Septic tank maintenance records were not available at the time of the inspection. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ❑ ❑ ❑ Are the tablets the proper size and type? ❑ ❑ ❑ N Number of tubes in use? 0 Is the level of chlorine residual acceptable? ❑ ❑ ❑ Is the contact chamber free of growth, or sludge buildup? ❑ ❑ ❑ N Is there chlorine residual prior to de-chlorination? 11 ❑ ❑ N Comment: Located what appeared to be the concrete chlorine contact chamber. Could not shift the concrete lid easily, unable to inspect the contact chamber. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ❑ ❑ ❑ Page# 3 Permit: NCG550655 Owner-Facility: Laurel Creek Mobile Home Park Inspection Date: 09/01/2016 Inspection Type: Compliance Evaluation Effluent Pipe Yes ,No NA NE — Are the receiving water free of foam other than trace amounts and other debris? ® ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ® ❑ Comment: There was a path down to Laurel Creek Inspector was able to locate what appeared to be two pvc effluent pipes The top pipe was clopped with sediment The bottom pipe had discharge, but this may have been from groundwater infiltration There was no apparent sewage smell coming from the pipe Effluent Sampling Yes No NA NE Is composite sampling flow proportional? El ❑ ® ❑ 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 ❑ 0 ❑ ❑ representative)? Comment: Unable to contact current owner to ascertain whether or not annual sampling is being_ conducted.Annual sampling records were not available at the time of the inspection Page# 4 PAT MCCRORY 17A1`i'.1'1'If%Y DONALD R. VAN DER VAAR.T Seamary S, JAY ZIMMERMAN Water Resources ENVff20Nmsr4TAL L.UALf'rY f.+lr's tlrr PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION: Permit Number: NC00 / / / / or NCG5_/r/-/_/ 1. Facility Name: II. NEW OWNER/NAME INFORMATION: 1. This request for a name change is a result of a. Change in ownership of property/company b. Name change only c. Other(please explain): 2. New owner's name(name to be put on permit): 3. New owner's or signing official's name and title: (Person legally responsible for permit} (Title) 4. Mailing address: City: State: Zip Code: Phone: ( ) E-mail address: THIS APPLICATION.PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed application form 2. Lpgal documentation of the transfer of ownership(such as a property deed, articles of incorporation, or sales agreement) [see reverse side of this page for signature requirements] State of North Carolina i Environmental Quality i Water Resources 1617 Mail Service Center I Raleigh,NC 27699-1617 919 807 6300 919-807-6389 FAX http://portal.ncdenr.org/web/wq Applicant's Certification: I, , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature: Date: THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS: NC DEQ/ DWR/ NPDES 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1212015 wd Certified Mail # 7015 1520 0003 5463 1179 Return Receipt Requested October 17, 2016 David Hallock, Vice President 8&General Manager Blue Ridge Tissue Corporation 1427 Yadkin River Road Lenoir, NC 28645 SUBJECT: NOTICE OF DEFICIENCY Tracking Number: NOD-2016-PC-0449 Annual Report (2015) Review Inspection Blue Ridge Tissue Corporation Distribution of Class A Industrial By-Product Residuals ->, Permit No. WQ0011532 Caldwell County Dear Permittee: The Annual Report Review inspection was conducted by Division of Water Resources staff from the Asheville Regional Office on September 13, 2016. This inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations specified in Non-discharge Permit No. WQ0011532. A summary of the findings and comments noted during the inspection are provided in the enclosed copy of the inspection report. The following deficiency was noted during the inspection: Inspection Area Description of Deficiency Record Keeping Sodium Adsorption Ratio (SAR) calculation was not submitted with the residuals analysis. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. !ease respond in writing to this office within 30 days upon your receipt of this Notice of Deficiency regarding cur plans or measures to be taken to address the indicated deficiency. Please submit the missing information to the Asheville Regional Office. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you should have any questions, please do not hesitate to contact Beverly Price with the Water Quality Regional Operations Section in the Asheville Regional Office at 828-296-4685. Sincerely, r G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: Zach Key, Southern Soil Builders WQS Asheville Regional Office - Enforcement File Non-Discharge Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\Caldwell\Wastewater\Non-discharge\Blue Ridge Tissue Corporation\Inspection Reports\CEI.2016.2015 AR Review.rtf Compliance Inspection Report Permit: WQ0011532 Effective: 11/08/12 Expiration: 04/30/17 Owner: Blue Ridge Tissue Corporation SOC: Effective: Expiration: Facility: Blue Ridge Tissue Corporation County:Caldwell Region: Asheville Contact Person: Mike Samuels Title: Phone: 828-244-5095 Directions to Facility: From Lenoir:Follow Hwy.321 N for approximately 3 miles to Roby Martin Road and turn right. Facility is located approximately 1 mile on the left. System Classifications: LA, Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): 24 hour contact name David Hallock 828-757-4810 Related Permits: NC0006254 Blue Ridge Tissue Corporation-Patterson Mill Inspection Dater 09/13/2016 Entry Time: 09:OOAM Exit Time: 10:OOAM Primary Inspector: Beverly Price �P Phone: 828-296-4500 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Annual Report Review Permit Inspection Type: Distribution of Residual Solids(503 Exempt) Facility Status: ❑ Compliant ® Not Compliant Question Areas: Miscellaneous Questions ® Record Keeping ® Pathogen and Vector Attraction (See attachment summary) Page: 1 permit: WQ0011532 Owner-Facility:Blue Ridge Tissue Corporation Inspection Date: 09/13/2016 Inspection Type Annual Report Review Reason for Visit: Routine Inspection Summary: The review was conducted by Beverly Price of the Asheville Regional Office. 422.86 dry tons were land applied in 2015. All residuals were land applied by Southern Soil Builders. MetalsHTCLP analyses were conducted according to permit requirements. Metals/TCLP limits appear to have been met. The Sodium Adsorption Ratio(SAR)calculation was missing from the residuals analysis. Pathogen Reduction is accomplished using Fecal Coliform Density. Vector Attraction Reduction is not required. Residuals were land applied(incorporated)in February and June 2015. The February application was followed by corn planted in May. If residuals are not applied to an actively growing crop, a 30-day pre-plant schedule should be followed unless specified otherwise in a crop management plan. �i Page: 2 Permit: WQ0011532 Owner-Facility:Blue Ridge Tissue Corporation Inspection Date: 09/13/2016 Inspection Type:Annual Report Review Reason for Visit: Routine Pathogen and Vector Attraction Yes No NA NE a. Fecal coliform SM 9221 E(Class A or B) ® ❑ ❑ ❑ Class A,all test must be<1000 MPN/dry gram Geometric mean of 7 samples per monitoring period for class B<2.0*10E6 CFU/dry gram ❑ Fecal coliform SM 9222 D(Class B only) ❑ ❑ ® ❑ Geometric mean of 7 samples per monitoring period for class B<2.0*10E6 CFU/dry gram ❑ b. pH records for alkaline stabilization(Class A) ❑ ❑ ® ❑ c. pH records for alkaline stabilization(Class B) ❑ ❑ ® ❑ Temperature corrected ❑ d. Salmonella(Class A,all test must be<3MPN/4 gram day) ❑ ❑ ® ❑ e. Time/Temp on: ❑ ❑ ® ❑ Digester(MCRT) ❑ Compost Class A lime stabilization ❑ f. Volatile Solids Calculations ❑ ❑ ® ❑ - g. Bench-top Aerobic/Anaerobic digestion results ❑ ❑ e ❑ Comment: Record Keeping Yes No NA NE Is GW monitoring being conducted,if required? ❑ ❑ ® ❑ Are GW samples from all MWs sampled for all required parameters? ❑ ❑ ■ ❑ Are there any GW quality violations? ❑ ❑ ® ❑ Is GW-59A certification form completed for facility? ❑ ❑ 0 ❑ Is a copy of current permit on-site? ❑ ❑ ❑ Are current metals and nutrient analysis available? ❑ ❑ ❑ ■ Are nutrient and metal loading calculating most limiting parameters? ❑ ❑ ❑ a. TCLP analysis? ■ ❑ ❑ ❑ b. SSFA(Standard Soil Fertility Analysis)? ❑ ❑ i ❑ Are PAN balances being maintained? ❑ ❑ ❑ Are PAN balances within permit limits? ❑ ❑ ❑ Has land application equipment.been calibrated? ❑ ❑ ❑ Are there pH records for alkaline stabilization? ❑ ❑ ® ❑ Are there pH records for the land application site? ❑ ❑ ■ ❑ Are nutrient/crop removal practices in place? ❑ El El ■ Page: 3 Permit: WQ0011532 Owner-Facility:Blue Ridge Tissue Corporation Inspection Date: 09/13/2016 Inspection Type:Annual Report Review Reason for Visit: Routine Record Keeping Yes No NA NE Do lab sheets support data reported on Residual Analysis Summary? ® � Are hauling records available? ■ Are hauling records maintained and up-to-date? El El El N #Has permittee been free of public complaints in last 12 months? Has application occurred during Seasonal Restriction window? El N 0 Comment: Application was not during seasonal restriction window. However,the February application was Incorporated; corn was sown on May. Applications that are incorporated should follow the 30-day pre-plant window unless specified otherwise by a crop management plan The SAR calculation was not included in the residuals analysis Tjpe Yes No NA NE Land Application Distribution and Marketing Page: 4 PAT MCCRORY F Govemor DONALD R. VAN DER, VAART Secretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY - Director October 17, 2016 Doug Barrick Town of Rutherfordton 129 N. Main St. Rutherfordton,NC 28139 SUBJECT: Annual Report(2015)Review- Additional Information Follow Up Town of Rutherfordton RLAP Permit No: WQ0032855 Rutherford County Dear Mr. Barrick: Enclosed please find a copy of the Annual Report Review Inspection Form from the inspection conducted on 9/18/2016. This review was the result of an additional information request associated with the July 26, 2016 review. The facility was found to be in compliance with permit WQ0032855. �An area of concern is regarding the reported Exchangeable Sodium Percentage (ESP)values. An ESP of 15% -'or higher typically signifies excessive sodium which can be detrimental to soil structure and could harm crops. The following results were reported: Field #HE5, ESP=19.21; Field #HE6, ESP=14.78 and Field #HE7, ESP=14.75. Soil sampling procedures should be evaluated to ensure there is no cross-contamination while collecting samples. It is recommended that you have the contract operator and/or the laboratory review the calculations for accuracy. Additionally, an agronomist with the local Soil & Water Conservation District/Natural Resource Conservation offices may be able to provide recommendations. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions,please call me at 828-296-4685. Sincerely, ,6w Beverly Pr'ce Environmental Senior Specialist Enc. cc: Dennis Key, ORC Southern Soil Builders MSC 1617-Central Files-Basement Asheville Files .-G:\WR\WQ\Rutherford\Wastewater\Non-discharge\Town of Rutherfordton\Word docs\CEI16.2015.AR Review follow Up.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 828 296 4500 Compliance Inspection Report Permit: WQ0032855 Effective: 05/12/08 Expiration: 12/31/16 Owner Town of Rutherfordton SOC: Effective: Expiration: Facility: Town of Rutherfordton RLAP 1021 S Main St County: Rutherford Region: Asheville Rutherfordton NC 28139 Contact Person: Doug Barrick Title: Town Manager Phone: 828-287-3520 Directions to Facility: From 1-40E,take exit 85,stay on Hwy.221 through the Town of Rutherfordton.Approximately 0.5 mi outside city limits,turn left on gravel road to WVVTP(just before intersection of 221&Thunder Rd.) System Classifications: LA, Primary ORC: Dennis Key Certification: 15704 Phone: 336-957-8909 Secondary ORC(s): On-Site Representative(s): 24 hour contact name Dennis Key 336-957-8909 Related Permits: i Inspection Date: 09/18/2016 Entry Time: 03:30PM Exit Time: 04:30PM Primary Inspector: Beverly Price bp Phone: 828-296-4500 Secondary Inspector(s): Reason for Inspection: Follow-up Inspection Type: Annual Report Review Permit Inspection Type: Land Application of Residual Solids(503) Facility Status: Compliant Not Compliant Question Areas: Miscellaneous Questions (See attachment summary) Page: 1 Permit: WQ0032855 Owner-Facility:Town of Rutherfordton Inspection Date: 09/18/2016 Inspection Type:Annual Report Review Reason for Visit: Follow-up Inspection Summary: The additional information was reviewed by Beverly Price of the Asheville Regional Office. All data for Option 3(30-day Bench Scale Test)to verify Vector Attraction Reduction was submitted and appeared to be complete. Item of Concern: The ESP soils data was submitted for all fields. Field#HE5 showed an ESP=19.21; Field#HE6 showed an ESP=14.78 and Field#HE7 showed an ESP=14.75. An ESP of 15%or higher typically signifies excessive sodium which can be detrimental to soil structure and harmful to crops. Sample procedures should be evaluated to ensure there is no cross-contamination. Additionally,you could consult with an agronomist at the local Soil&Water Conservation District/Natural Resource Conservation Service offices for recommendations. \_J Page: 2 Permit: WQ0032855 Owner-Facility:Town of Rutherfordton Inspection Date: 0 9/1 812 0 1 6 Inspection Type:Annual Report Review Reason for Visit: Follow-up Page: 3 PAT MCCRORY y Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Water Resources ENVIRONMENTAL QUALITY Director October 18, 2016 Metropolitan Sewerage District(MSD) Shannon Bergeron, Industrial Pretreatment Coordinator 2028 Riverside Drive" Asheville,NC 28804 Subject: Pretreatment Annual Report Review MSD of Buncombe County NPDES #: NCO024911 Buncombe County Dear Ms. Bergeron: The Asheville Regional Office of the Division of Water Resources has reviewed the Pretreatment Annual Report(PAR) covering January through December 2015. This PAR was received on March 3, 2016 in the Asheville Regional Office. -')ur review indicates that the PAR is in good order and satisfies the requirements of 15A NCAC 2H .0908(b) I nd the Comprehensive Guidance for North Carolina Pretreatment Programs. The next PAR will be due March 1, 2017. Thank you for your continued support of the Pretreatment Program. If you have any questions,please contact me at(828)296-4500 Linda.wiggs@ncdenr.gov or Sarah Bass at(919) 807-6310 Sarah.Bass@ncdenr.gov or Monti Hassan, at(919) 807-6383 Monti.Hassan@ncdenr.gov. Sincerely, Linda Wiggs Environmental Senior Specialist Water Quality Regional Operations Asheville Regional Office cc: ARO Files MSC 1617-Central Files-Basement Sarah Bass,PERCS Unit G:\WR\WQ\Buncombe\Wastewater\Municipal\MSD FBR WRF 2491 I\Pretreatment\PARreview.LTR2015.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 828 296 4500 \\ `\\ \\ //� I\ \;�i. PAT MCCRORY Governor M DONALD R. VAN DER VAART Secretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director October 18, 2016 John Condrey, Town Manager Town of Forest City PO Box 728 Forest City,NC 28043-0728 SUBJECT: Annual Report(2015)Review Inspection Town of Forest City Wastewater Treatment Plant Distribution of Class A Residuals Permit No:WQ0010926 Rutherford County Dear Mr.Condrey: Enclosed please find a copy of the Annual Report Review Inspection Form from the inspection conducted on 9/22/2016. The facility was found to be in compliance with permit WQ0010926. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions,please call me at 828-296-4685. Sincerely, Beverly Price Environmental Senior Specialist Enc. cc: Sonny Penson, WWTP ORC MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\Rutherford\Wastewater\Non-discharge\Town of Forrest City\CEI.2016.2015 AR Review.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 828 296 4500 Compliance Inspection Report Permit: WQ0010926 Effective: 06/01/15 Expiration: 05/31/20 Owner: Town of Forest City SOC: Effective: Expiration: Facility: Town of Forest City Drying Facility and Distribution F County: Rutherford 397 Riverside Dr Region:Asheville Forest City NC 28043 Contact Person: Jeffery W Dotson Title: WWTP Superintendent Phone: 828-248-5217 Directions to Facility: From 1-26 East-take the Hwy.74 East exit(toward Rutherfordton). Take the Old Caroleen Road exit and turn left onto Old Caroleen Rd. Continue approximately 1 mile and turn right on Riverside Drive. WWTP is approximately 1/2 mile on the right. System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): 24 hour contact name Barnard Norris Penson 828-248-5217 Related Permits: NC0025984 Town of Forest City-Forest City WWTP Inspection Date: 09/22/2016 Entry Time: 09:OOAM Exit Time: 10:OOAM Primary Inspector: Beverly Price BP Phone: 828-296-4500 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Annual Report Review Permit Inspection Type: Distribution of Residual Solids(503) Facility Status: ® Compliant Not Compliant Question Areas: ■ Miscellaneous Questions ® Record Keeping ■ Pathogen and Vector Attraction (See attachment summary) Page: 1 Permit: WQ0010926 Owner-Facility:Town of Forest City Inspection Date: 09/22/2016 Inspection Type:Annual Report Review Reason for Visit: Routine Inspection Summary: The Annual Report Review was conducted by Beverly Price of the Asheville Regional Office. Metals/Nutrients/TCLP analyses were monitored according to permit requirements.The 8/25/15 sample showed an exceedance for the Monthly Average Concentration for Zinc. Following the August sampling event,all residuals were hauled to the Anson Landfill, 375 Dozer Drive Polkton NC 28135. Pathogen and Vector Attractor Reduction(VAR)were verified using Alternative#5 PFRP Heat Drying. Page: 2 Permit: WQ0010926 owner-Facility:Town of Forest City inspection Date: 09/22/2016 Inspection Type:Annual Report Review Reason for Visit: Routine Pathogen and Vector Attraction Yes No NA NE a. Fecal coliform SM 9221 E(Class A or B) ® ❑ ❑ ❑ Class A,all test must be<1000 MPN/dry gram Geometric mean of 7 samples per monitoring period for class B<2.0*10E6 CFU/dry gram ❑ Fecal coliform SM 9222 D(Class B only) ❑ ® ❑ Geometric mean of 7 samples per monitoring period for class B<2.0*10E6 CFU/dry gram ❑ b. pH records for alkaline stabilization(Class A) ❑ ❑ ® ❑ c. pH records for alkaline stabilization(Class B) ❑ ® ❑ Temperature corrected 0 El d. Salmonella(Class A,all test must be<3MPN/4 gram day) El ❑ e. Time/Temp on: ❑ El ® ❑ Digester(MCRT) ❑ Compost ❑ Class A lime stabilization ❑ f. Volatile Solids Calculations ❑ ® ® ❑ — g. Bench-top Aerobic/Anaerobic digestion results ❑ ❑ ■ ❑ Comment: Record Keeping Yes No NA NE Is GW monitoring being conducted,if required? ❑ ❑ M ❑ Are GW samples from all MWs sampled for all required parameters? ❑ ❑ ■ ❑ Are there any GW quality violations? ❑ ❑ Is GW-59A certification form completed for facility? ❑ ❑ ® ❑ Is a copy of current permit on-site? ❑ ® ❑ ■ Are current metals and nutrient analysis available? ❑ ❑ ❑ Are nutrient and metal loading calculating most limiting parameters? ® ❑ ❑ ❑ a. TCLP analysis? • ❑ El ❑ b. SSFA(Standard Soil Fertility Analysis)? ❑ ❑ 0 ❑ Are PAN balances being maintained? ❑ ❑ ■ ❑ Are PAN balances within permit limits? ❑ ❑ ■ ❑ Has land application equipment been calibrated? ❑ ❑ ❑ ■ Are there pH records for alkaline stabilization? ❑ ❑ 0 Are there pH records for the land application site? ❑ ❑ 0 Are nutrient/crop removal practices in place? ❑ ❑ ❑ Page: 3 Permit: WQ0010926 Owner-Facility:Town of Forest City Inspection Date: 09/22/2016 Inspection Type:Annual Report Review Reason for Visit: Routine Record Keeping Do lab sheets support data reported on Residual Analysis Summary? Yes No NA NE® 1:1 Are hauling records available? El R ® ❑ ❑ ❑ Are hauling records maintained and up-to-date? ® ❑ El ❑ #Has permittee been free of public complaints in last 12 months? El El 0 0 Has application occurred during Seasonal Restriction window? Comment: Type Land Application Yes No NA NE ❑ Distribution and Marketing Page: 4 PAT MCCRORY a Governor DONALD R. VAN DER VAART Secretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director October 17, 2016 Nancy Nehls Nelson 99 Parker Cove Road Weaverville, NC 28787 RE: Sample ID:AC31891&AC31938 Sample Location Address:99 Parker Cove Road Buncombe County Dear Ms. Nehls Nelson, Please find attached the analytical results for water samples collected from your water supply well, at the address referenced above, on August 22,2016.Samples were collected in response to complaints from residents along Parker Cove Road concerning changes to groundwater quality as a result of high explosive detonations and subsequent ground vibrations at the nearby Maple Trace development.Your drinking water was analyzed for fecal coliform bacteria,total coliform bacteria, chloride,sulfate, and various metals. The following table summarizes the attached analytical results (AC31938) for your water supply well. The results are shown in units of micrograms per liter of water (ug/1) and are approximately equivalent to parts per billion (ppb). USEPA Maximum NC Groundwater Concentration Detected Analytes Contaminate Level Standard in Your Drinking Water Concentration Units Concentration Units Concentration Units Barium 2,000 ppb 700 ppb 18 ppb Calcium 12,000 ppb Chloride 250,000 ppb 8,000 ppb Copper 1,300 ppb 1,000 ppb 20 ppb Iron 300 ppb 180 ppb Magnesium 3,500 ppb Manganese 50 ppb 15 ppb Potassium 3,400 ppb Sodium 9,500 ppb Strontium 93 ppb Sulfate 250,000 ppb 81600 ppb Zinc 1,000 ppb 45 ppb The following table summarizes the attached coliform bacteria results (AC31891) for your water supply well.The results are shown in colony forming units per 100 milliliters of water or CFU/100 m1. State of North Carolina i Environmental Quality I water Resources 2090 U.S.Hwy.70,Swannanoa,North Carolina 28778 828-296-4500 Nancy Nehls Nelson \, October 17,2016 Page 2 of 2 NC Groundwater Standard Concentration Detected in Your Analytes Drinking Water Concentration Units Concentration Units Total coliform bacteria 1 CFU 100 ml Not detected CFU 100 ml Fecal coliform bacteria 1 CFU/100 ml Not detected CFU 100 ml Coliform bacteria were not present in your drinking water at this time. Chloride,sulfate,and various metals are present but their concentrations do not exceed the applicable groundwater standards. It is important to note that many of these constituents are fairly common for groundwater quality in western North Carolina. Because there are constituents present in your drinking water,a Health Risk Evaluation(HRE)was performed by North Carolina Department of Health and Human Services toxicologist, Kennedy Holt. The HRE,which is enclosed,indicates your drinking water is safe for all household uses including drinking,cooking,washing,cleaning,bathing,and showering. A total of seven water supply wells along Parker Cove Road were inspected and sampled in August 2016. Most of the residents I spoke with complained of excess sediment in their drinking water shortly after the high explosive detonations in June 2016. Sediment buildup at some water supply wells was so severe that it required the well pump to be raised.There is no evidence at this time that the use of high explosives has resulted in any lasting changes to the quality of groundwater surrounding Parker Cove Road. If you have questions concerning the Health Risk Evaluation,please contact Kennedy Holt at(919) 707-5910.If you have any additional questions or concerns,please contact me at(828) 296-4681 or brettlaverty@ncdenr.gov. Sincerely, f 1 f t a Brett Lave Water Quality Regional Operations. Asheville Regional Office Attachment: Health Risk Evaluations by Kennedy Holt DWR laboratory analytical results cc: ARO file Buncombe County Health Department w/attachments North Carolina Division of Water Resources Water Sciences Section Laboratory Results Fancy Nelson-99 PARKER COVE RD,WEAVERVILLE NC Sample ID: AC31938 BUNCOMBE Collector: B LAVERTY VisitlD PO Number# ARO Report To ARO Location ID: 1C1199PARKER Date Received: 08/24/2016 ,,n Collect Date: 08/2 212 0 1 6 Priority ROUTINE Time Received: 08_35 cy Collect Time: 14_59 Sample Matrix: GROUNDWATER Labworks LoginlD MSWIFT ,C Yes/No Sample Depth Loc.Type: Water Supply Delivery Method NC Courier Final Report Date: 9/28/16 Report Print Date: 1 010 412 01 6 Final Report if this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. Result/ Units Method Analysis CAS# Analyte Name PQL Qualifier Reference Date Validated by LAB Sample temperature at receipt by lab 0.7 °C 8/24/16 MSWIFT WET Bromide 0.4 0.4 U mg/L EPA 300.0 rev2.1 8/24/16 CGREEN Chloride 1.0 8.0 mg/L EPA 300.0 rev2.1 8/24/16 CGREEN Fluoride 0.4 0.4 U mg/L EPA 300.0 rev2.1 8/24/16 CGREEN Sulfate 2.0 8.6 mg/L EPA 300.0 rev2.1 8/24116 CGREEN MET 7440-22-4 Ag by ICPMS 1.0 1.0 U ug/L EPA 200.8 Rev5.4 9/12/16 ESTAFFORD1 7429-90-5 Al by ICP 50 50 U ug/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORD1 7440-38-2 As by ICPMS 2.0 2.0 U ug/L EPA 200.8 Rev5.4 916/16 ESTAFFORD1 7440-38-3 Ba by ICP 10 18 ug/L EPA200.7 Rev4.4 918/16 ESTAFFORD1 744,E-0,72 Ca by ICP 0.10 12 mglL EPA200.7 Rev4.4 9/8/16 ESTAFFORD1 744., :9 Cd by ICPMS 0.50 0.50 U ug/L EPA 200.8 Rev5.4 9/6116 ESTAFFORD1 u9/L EPA200.7 Rev4.4 918/16 ESTAFFORD1 7440-48-4 Cobalt by ICP 50 50 U u9/L EPA200.8 Rev5.4 9/6/16 ESTAFFORD1 7440-47-3 Cr by ICPMS 5.0 5.0 U 7440-50-8 Cu by ICPMS 2.0 20 ug/L EPA 200.8 Rev5.4 916116 ESTAFFORD1 7439-89-6 Fe by ICP 50 180 ug/L EPA200.7 Rev4.4 9/8/16 ESTAFFORD1 7439-97-6 Hg 245.1 0.2 0.20 U ug/L EPA245.1 Rev3 9/13/16 ESTAFFORD1 7440-09a K by ICP 0.10 3.4 mg/L EPA200.7 Rev4.4 9/8/16 ESTAFFORD1 7439-95-4 Mg by ICP 0.10 3.5 mg/L EPA200.7 Rev4.4 9/8/16 ESTAFFORD1 7439-96-5 Mn by ICP 10 15 ug/L EPA200.7 Rev4.4 9/8/16 ESTAFFORD1 7439-98-7 Mo by ICPMS 10 10 U ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORD1 7440-23-5 Na by ICP 0.10 9.6 mg/L EPA200.7 Rev4.4 9/8/16 ESTAFFORD1 7440-02-0 Ni by ICPMS 2.0 2.0 U ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORD1 7439-92-1 Pb by ICPMS 2.0 2.0 U ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORD1 7782-49-2 Se by ICPMS 1.0 1.0 U ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORD1 7440-24-6 Sr by ICPMS 10 93 ug/L EPA 200.8 Rev5.4 9/6116 ESTAFFORD1 7440-66-6 Zn by ICPMS 10 45 ug/L EPA 200.8 Rev5A 916/16 ESTAFFORD1 WSS Chemistry Laboratory»1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 1 of 1 i `�,, North Carolina Division of Water Resources Water Sciences Section Laboratory Results Aancv Nelson 99 PARKER COVE ROAD,WEAVERVILLE.NC Sample ID: AC31891 BUNCOMBE Collector: B LAVERTY VsitlD PO Number# ARID ARO Report To ARO Location ID: 1C1199PARKER Date Received: 08/22/2016 ,in Collect Date: 08/22/2016 Priority ROUTINE Time Received: 16_00 cy Collect Time: 14_69 Sample Matrix: GROUNDWATER Labworks LoginlD KJIMISON2 ,C Yes/No Sample Depth Loc.Type: Water Supply Delivery Method Hand delivered Final Report Date: 9123/16 Report Print Date: 10/04/2016 Final Report If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. Result/ Method Analysis CAS# Analyte Name PQL Qualifier Units Reference Date Validated by ARO Coliform, MF Fecal in liquid 1 1 B2 CFU/100ml APHA9222D-20th 8122/16 ESTAFFORDI Coliform, MF Total in liquid 1 1 B2 CFU/100ml APHA922213-20th 8/22116 ESTAFFORDI Sample temperature at receipt by lab 3.9 °C 8122/16 RBYRD WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 1 of 1 �'�� '��. ��_j crrt�on privateWell Ini _ h ieand s n UseRecommendations ►,u�An s�ry� For Inorganic Chemical Contaminants Name:E f�G`KbA County. +��c•� ��.- _ s---�-�-., Swim ke ID#. Glt'3 wer. -� TEST RESULTS AND USE RECOMMENDATIONS 1, Your well water meets federal drinking water standards fnr lnorgank chemkals. Your water can by used for drinking,waking,washing,cleaning,bathing,and showering based on the memo tic C&ntical results nttty You inay` have other water sampling results that are not taken into account in this report. 2.'Q Tize fallr,�ring sEibstance( 1 e cecded fe rat drinking.voter standards or the earth Carolina =calculated health; levels.Tile North Caroliiia IDivkston bf bull hlcalth recomincnds that your well water not be used for drinking anti cooking,unless you install a water treatment system'to remove the circled substanee(s).Ile never,it may be used fbr washing,cleaning,bathing and showering based on the jigargatris cilietrtical results only. "renic _ Bariumacknnttam Chconiiun# Ca ,er Fluoride Lead fan anew Mercu NtrtelNrtrte Selenium Sliver Ma nesiut n �ne H 3.❑a.Sod' m levels exceed ttie U.S.Envirannnentak 1'rotectian Agency`s(USEPA)Health Advisory level for sodium of fl rngfi'. The North Carolina I visiar�of public Health recemmends'that only individuals on no or low sodium restricted diets ilot use this water for drinking or olookcing. Tt.ray be used for washing.,cleaning, bathing,and showering based on the i "t1c t>ticrrt r�sul�c.t t#ly., r-� b. Laels over 3Q nje, m4y pose,aesthetic problems sumo as bad taft,odor,staining of po celain,On. 4+ Re--sainpl ug is rec�arrirnen I dire r��cntl�s: Re saxnpl far Lead and tar copper. Take a first draw,5;minute,ai;d 15 mioute sample inside;thc house(preferably` the kitchens and if possible a E't st draw,5 rnit tite and a 15 nrinute,sr�nl*at the well head to determine the source.of the lead and/or copper. Tie fallowing substances}exceeded federal drinkitg water standards. Your water can be used for drinking; cooking;�vafihing,cleaning, bathing,and showering based on the iner�ani chenuc�alresults a but aesthetic problems such as had taste,odor,staining or porcelain,etc.may occur. You may want to install a household water treatment system to`address aesthetic problernsi; �M;, m Chromium; Ftuorioe troi► Fula es[rtn m... ; Silver H Zinc For t1jore rttformation regarding your well water results please salt the Worth Carrtliaia divlsiarr.afPrrhtac lCealtft at 9,19-707.5900. A t: •' Well Water Biological Analysis Results & Recommendations County Name: Sample I1�fi: .• $�t f Location: �~ " I Reviewer; Review)date: (Q _ initial Sample L!r7l Confirmatory Sample (zl' Local.Health l:3epartment Telephone-.,. 11M,..f. e ' Isl Ho coy arm, bavtada tvera tcnnd:rt your t",oit r�xter, yafir uk t!. cm: r?5e l f0r all itr{!'i1t1Et'$iSr{lt{!tiY1�Y tlr?tJ tltrc�f C{+0}tiJfEt�.itrEt$?FJf1�,ctL't7ttJ JEgr tY[rJtitFE�,IJJF?t;tijt/1i!=t.>'tiJ�; Total.catii€rl`ttt bacteria Wore detected in thin;sample.which indicates that harmful bacteria from buimn or animal waste Cal - could enter the'Well, YarF r +t� we iffrrtJ r±ttar ar all othtft' Do trot rise the toater far d inkirJq at been boit caokr`rt�utrtesw it ha; t.,tf`frr;3 nihilifes. ifur pos.oe iridading rtuf:slilb%d isttes,balithts or showering, [5I Your welt water needs to be ro-sampled to verity that the test result is accurate at a-prtyt3letn has been resolved, [Gl Fetal colriorm bacteria wore detacted in the samptc, t.}o:m.) F!seP.:r+tJ plfr'ffr 7=3=c='hid? pc3k=R�;i€ taloiFs�rtt•t. .,l�?tll,.�,t,r';5t.i7.il .tJ��- Your rlrli rt?ateF a=a4 Cesterl for t into icr t arrtartii7trrJEts{t{tti i t atitotrtt truri fecal cafijoJ°tn btrcier•in}4,rite 61sritt:rve>Jx�t=�ilifttetl rxsiJJ fertr7rrrt'itrr"Jrkifig router slatrrlirffs. the rt sarJ lr`El Show cttrttathittation ky cotifar°in hactr<lria'.coutaet yatrr iocirt trtattlJ itefir7F trrrerJt tYtla> lfr }ce. TlrcFE EJ+irci Ge npt=otr!"e r to�ftarat'S Y?t If It cartstrtt{iiaat of tho weilr ille rQfrtrll.`iptitc7 JtpFfF'<"c,ita t,Pefittit ft oje84, tll. a.lt.it l . crlrtt)•artff to deterituiie the prattleftr ftlith the well and ta,�i-tx�=Jtirfrttr�t°on how to ctrrrGe�the yrot�t'tn. Total colrf{YJ iJ lJ:xctGrirt,Jtc farJtt1{it,sviland feral colifoJttt t=actcrin are,iamid ittanimal and hiE4 ail K, 'le, Tttnl caliform or fecal colif6i It it'Well ittrtter may bldicate that the well ntay have structttrat lrrfYlitrfos ni that tlk tETetl rJla;Jtat;properttt r!i,JJrli'ctert; fyou have been drink-inn wall ttiater and are ll11'81101ti,ftJrt:9hrl'',hazle Ft c1lild it,1w lfottSelrotfi tJ ider 5 yea t�f age or immilfloc{IJNhroll"S d(St(ch'as Of' t'1lrifi=ttlJtiJttpiih AIDS,tltErt?r,lttltpiite`iS,'rhitil iS;6.4tttsj�lali3€Getlitrrt5}J72�c7:Er€ frlF. !'i+elflttat.p.a.=Itl{p ?.fii..S„°t'Jitt ff the contrrtuivation eofrthru"' ,ttoif;hai td itt¢pestigate 11fe p tssihilily o(dr•itting a liefli osell or hisiall a phyl-of elar't di"411tect'ioFf uffit-which rrttr Ilse cttloriue;trkf+'auiotet tf,�tlt,ar rzwdlrE: �.rEttlrc zooil ttr�zter siirlrjFtirE�is rt'catuttteluirr!t.vrt•y ycar;�?r tractcrin'alrrt uitr�tcs. :+alrt�tc J(tfrrr tilt tt=lwt�t there is a;,trJailprt�rwlrlcirr or:�oratafFlhJotioJc iY4 War area,of 7eY S't ilai(`a,rtrylarcrllent of Yowl•it Will,,or after q fltx)di IIS evelrt. For(ul'ther iit(0r')1r4Fi0lG coJrt in ttafrr lorat henith departritt°ttt ._ Well Safety-tit IJ.—wi epi.putrt+elfealtlf.nc.�o4.ati!IasEitrl shcef:lftti li Revised Uecember201 PAT MCCRORY Govemor C� P. DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Water Resources ENVIRONMENTAL QUALITY Director '.. October 17, 2016 DWR# 16-0949 McDowell County Chris and Cara McCoy 8941 Summer Club Rd. Charlotte,NC 28277 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION McCoy-2172 Dragoon Demise Drive Dear Mr. and Mrs. McCoy: You have our approval for the impacts listed below for the purpose described in your application dated September 28, 2016, and received by the Division of Water Resources (Division)October 3, 2016. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and any additional conditions listed below. Project impacts are covered by the attached Water Quality General Certification Number 3898 and the conditions listed below. This certification is associated with the use of General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with your project, including those required by(but not limited to)Erosion and Sediment Control, Water Supply Watershed and Trout Buffer regulations. IMPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved Permanent Above Pool w Pool Open Waters 0.0018 (acres) �O002�(aes) ADDITIONAL CONDITIONS State of North Carolina I Environmental Quality I Water Resources 2090 US 70 Highway,Swannanoa,North Carolina 28778 828/296-4500 McCoy-2172 Dragoon Demise Dr. October 17,2016 Page 2 of 3 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. 2. The proposed project must comply with the McDowell County local riparian buffer ordinance approved by the Division of Water Resources under the Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers, 15A NCAC 02B .0243(3)(b). 3. Stabilization techniques must meet the General Conditions listed in the Shoreline Stabilization Technique Selection Process found in Duke Energy's Shoreline Management Guidelines for the Catawba-Wateree river system 2006 Shoreline Management Plan. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. A petition form may be obtained from the OAH at hop://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919) 431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One (1) copy of the petition must also be served to DEQ: c oy—2172 Dragoon Demise Dr. jctober 17,2016 Page 3 of 3 Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Kevin Mitchell at 828-296-4650 or kevin.mitchell,,a ncdenr.gov if you have any questions or concerns. Sincerely, an Price,P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosure: GC 3898 Certificate of Completion cc: Carissa Parker - Bennick Enterprises LLC (via email) William Elliot-USACE Asheville Regulatory Field Office (via email) Wade Harmon—Duke Energy(via email) Andrea Leslie-NCWRC (via email) Ron Harmon—McDowell County Planning DWR ARO 401 files DWR 401 and Buffer Permitting Unit(via email) G:\WR\WQ\McDowell\40lsWon-DOT\McCoy-2172 Dragoon Demise Dr\APRVL401.McCoy-2172 Dragoon Demise Dr.-10.17.2016.docx PAT MCCRORY AM N:uI - Governor DONALD R. VAN DER VAART Secretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director October 17, 2016 Nancy Duffy 3 Chestnut Mountain Ridge Asheville, NC 28803 RE: Sample ID: AC31619,AC31721,AC31722, &AC32456 Sample Location Address: 3 Chestnut Mountain Ridge Buncombe County Dear Ms. Duffy, Please find attached the analytical results for water samples collected from your water supply well and bathroom faucet,at the address referenced above, on August 15, 2016 and September 13, 2016.Your drinking water was analyzed for fecal coliform bacteria,total coliform bacteria, chloride, sulfate, and various metals. The following table summarizes the attached analytical results (AC31619)for the well head. The results are shown in units of micrograms per liter of water (ug/1) and are approximately equivalent to parts per billion (ppb). USEPA Maximum NC Groundwater Concentration Detected Analytes Contaminate Level Standard in Your Drinking Water Concentration Units Concentration Units Concentration Units Calcium 15,000 ppb Chloride 250,000 ppb 1,600 ppb Copper 1,300 ppb 1,000 ppb 3.6 ppb Magnesium 2,800 ppb Potassium 1,900 ppb Sodium 5,400 ppb Strontium 62 ppb Sulfate 250,000 ppb+-2,000 ppb The following table summarizes the attached coliform bacteria results (AC31721) for the well head: Please note that the bolded values indicate levels above the NC Groundwater Standard, 15A NCAC 02L .0202. The results are shown in colony forming units per 100 milliliters of water or CFU/100 ml. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70,Swannanoa,North Carolina 28778 828-296-4500 Nancy Duffy October 17,2016 Page 2 of 3 NC Groundwater Standard Concentration Detected in :AAnalytes Your Drinking Water Concentration Units Concentration Units [Total coliform bacteria 1 CFU 100 ml 33 CFU 100 ml Fecal coliform bacteria 1 CFU 100 ml Not detected CFU 100 ml The following table summarizes the attached total coliform bacteria results (AC31722) for the bathroom faucet. Please note that the bolded values indicate levels above the NC Groundwater Standard, 15A NCAC 02L.0202. The results are shown in colony forming units per 100 milliliters of water or CFU/100 ml. NC Groundwater Standard Concentration Detected in Analytes Your Drinking Water Concentration Units Concentration Units LTotalcoliform bacteria 1 CFU 100 ml 27 CFU 100 ml Your water supply well and indoor plumbing were shocked chlorinated shortly after the initial site visit. I returned on September 13, 2016 to collect a post-treatment bacteria sample. The following table summarizes the attached total coliform bacteria results (AC32456) for the well head. The results are shown in colony forming units per 100 milliliters of water or CFU/100 ml. NC Groundwater Standard Concentration Detected in Analytes Your Drinking Water Concentration Units Concentration Units Total coliform bacteria 1 CFU 100 ml Not detected CFU 100 ml . Total coliform bacteria were initially present in your drinking water but your efforts to shock chlorinate the water supply well were successful in removing the bacteria at present. Chloride, sulfate, and various metals are also present but their concentrations do not exceed the applicable groundwater standards. It is important to note that many of these inorganic constituents are fairly common for groundwater quality in western North Carolina. Because there are constituents present in your drinking water,a Health Risk Evaluation (HRE) was performed by North Carolina Department of Health and Human Services toxicologist, Kennedy Holt. The HRE,which is enclosed, indicates your well can be used for all household uses including drinking, cooking,washing, cleaning, bathing, and showering. Nancy Duffy October 17,2016 Page 3 of 3 I have taken the liberty of including a fact sheet on total coliform bacteria for your review. It is recommended that you resample your drinking water for total coliform bacteria within the next six months and annually thereafter. It is important to note that the Buncombe County Health Department offers analytical services for coliform bacteria. If you have questions concerning the Health Risk Evaluation,please contact Kennedy Holt at(919) 707-5910. If you have any additional questions or concerns,please contact me at (828) 296-4681 or brett.laverty@ncdenr.gov. Sincerely, ( l Brett Lefty Water Quality Regional Operations Asheville Regional Office Attachment: Health Risk Evaluations by Kennedy Holt DWR laboratory analytical results Total coliform bacteria in drinking water fact sheet cc: ARO file Buncombe County Health Department w/attachments i North Carolina Division of Water Resources Water Sciences Section Laboratory Results Aancy Duffy-3 Chestnut Mountain Ridge Asheville,NC Sample ID: ' AC31619 BUNCOMBE Collector: B LAVERTY VisitlD PO Number# ARO Report To ARO Location ID: 1 C113CHESTNUT Date Received: 08/17/2016 ,in Collect Date: 08/15/2016-,' Priority ROUTINE Time Received: 08_30 ,ey Collect Time: 02_47 Sample Matrix: GROUNDWATER Labworks LoginlD TASCENZ01 jC Yes/No Sample Depth Loc.Type: Water Supply Delivery Method NC Courier Final Report Date: 9115116 Report Print Date: 10/04/2016 Final Report tv If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. Result/ Units Method Anal sis CAS# AnalYte Name PQL Qualifier Reference Date Validated by LAB Sample temperature at receipt by lab 1.7 °C 8/17116 MSWIFT WET Bromide 0.4 0.4 U mg/L EPA 300.0 rev2.1 8118/16 CGREEN Chloride 1.0 1.6 mg/L EPA300.0 rev2.1 8/18/16 CGREEN Fluoride 0.4 0.4 U mg/L EPA300.0 rev2.1 8/18/16 CGREEN Sulfate 2.0 2.0 mg/L EPA300.0 rev2.1 8/18/16 CGREEN MET 440-22-4 Ag by ICPMS 1.0 1.0 U ug/L EPA200.8 Rev5.4 8/24116 ESTAFFORD1 429-90-5 Al by ICP 50 50 U ug/L EPA200.7 Rev4.4 8/31/16 ESTAFFORD1 440-38-2 As by ICPMS 2.0 2.0 U ug/L EPA200.8 Rev5.4 8/24/16 ESTAFFORD1 440-38-3 Ba by ICP 10 10 U ug/L EPA200.7 Rev4.4 8/31116 ESTAFFORD1 44011'�2 Ca by ICP 0.10 15 mg/L EPA200.7 Rev4.4 8/31/16 ESTAFFORD1 '440=-'9 Cd by ICPMS 0.50 0.5.0 U ug/L EPA200.8 Rev5.4 8f24/16 ESTAFFORD1 '440-48-4 Cobalt by ICP 50 50 U ug/L EPA200.7 Rev4.4 8/31/16 ESTAFFORD1 '440-47-3 Cr by ICPMS 5.0 5.0 U ug/L EPA200.8 Rev5.4 8/24/16 ESTAFFORD1 '440-50-8 Cu by ICPMS 2.0 3.6 ug/L EPA200.8 Rev5.4 8/24116 ESTAFFORD1 '439-89-6 Fe by ICP 50 50 U ug/L EPA200.7 Rev4.4 8/31/16 ESTAFFORD1 '439-97-6 Hg 245.1 0.2 0.20 U ug/L EPA245.1 Rev3 8/24/16 ESTAFFORD1 1440-09-7 K by ICP 0.10 1.9 mg/L EPA200.7 Rev4.4 8/31116 ESTAFFORD1 1439-95-4 Mg by ICP 0.10 2.8 mg/L EPA200.7 Rev4.4 8/31/16 ESTAFFORD1 7439-96-5 Mn by ICP 10 IOU ug/L EPA200.7 Rev4.4 8/31/16 ESTAFFORD1 7439-98-7 Mo by ICPMS 10 10 U ug/L EPA200.8 Rev5.4 8/23/16 ESTAFFORD1 7440-23-5 Na by ICP 0.10 5.4 mg/L EPA200.7 Rev4.4 8/31/16 ESTAFFORD1 r440-02-0 Ni by ICPMS 2.0 2.0 U ug/L EPA200.8 Rev5.4 8/24/16 ESTAFFORD1 7439-92-1 Pb by ICPMS 2.0 2.0 U ug/L EPA200.8 Rev5.4 8/24/16 ESTAFFORD1 7782-49-2 Se by ICPMS 1.0 1.0 U ug/L EPA200.8 Rev5.4 8/24/16 ESTAFFORD1 7440-24-6 Sr by ICPMS 10 62 ug/L EPA 200.8 Rev5.4 8/23116 ESTAFFORD1 7440-66-6 Zn by ICPMS 10 IOU ug/L EPA200.8 Rev5.4 8/24116 ESTAFFORD1 i WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Paoe 1 of 1 North Carolina Division of Water Resources Water Sciences Section Laboratory Results Nancy Duffy-3 CHESTNUT MOUNTAIN RIDGE Asheville,NC_ Sample ID: AC31721 BUNCOMBE Collector: B LAVER TY VisitlD PO Number# ARO ARO Report To ARO Location ID: 1C113CHESTNUT Date Received: 08/15/2016 sin Collect Date: D8/15l2016 - Priority ROUTINE Time Received`. 16_DO cy Collect Time: 14_47 Sample Matrix: GROUNDWATER Labworks LoginlD KJIMISON2 jC Yes/No Sample Depth Loc.Type: Water Supply Delivery Method Hand delivered Final Report Date: 9/21116 Report Print Date: 10/04/2016 Final Report If this report is labeled preliminary report, the results have not been validated. Do not use for Regulatory purposes. Result/ Units Method Analysis CAS# Analyte Name PQL Qualifier Reference Date Validated by ARO Coliform, MF Fecal in liquid 1 1 B2 CFU/loom) APHA9222D-20th 8/15/16 ESTAFFORD1 Coliform, MF Total in liquid 1 33 CFU/100ml APHA922213-20th 8/15/16 ESTAFFORD1 Sample temperature at receipt by lab 3.9 °C 8/15/16 RBYRD WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Paae 1 of 1 North Carolina Division of Water Resources Water Sciences Section Laboratory Results Nancy Duffy-3 CHESTNUT MOUNTAIN RIDGE Asheville,NC Sample ID: AC31722 BUNCOMBE Collector: B LAVERTY VisitiD PO Number# ARO ARO Report To ARO Location ID: 1C113CHESTNUT Date Received: 09/15/2016 sin Collect Date: `.013/15/2016., Priority ROUTINE Time Received: 16_00 icy Collect Time: 14_56 Sample Matrix: GROUNDWATER Labworks Login]D KJIMISON2 -jC Yes/No Sample Depth Loc.Type: Water Supply Delivery Method Hand delivered Final Report Date: 9/21/16 Report Print Date: 10/04/2016 Final Report 617VA"00 ? If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. Result Units Method Analysis CAS# Analyte Name PQL Qualifier Reference Date Validated by ARO COIIfOfm, MF Total in liquid 1 27 CFU/100ml APHA9222B-20th 8/15/16 ESTAFFORD1 Sample temperature at receipt by lab 3.9 °C 8/15/16 RBYRD _i WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Paae 1 of 1 __ `�.._�' �_i __ __ North Carolina Division of Water Resources Water Sciences Section Laboratory Results Nancy Duffy-3 CHESTNUT MOUNTAIN RIDGE Asheville.NC Sample ID: AC32456 BUNCOMBE Collector: B LAVERTY VisitlD PO Number# ARO ARO Report To ARO Location ID: 1C113CHESTNUT Date Received: 09/13/2016 Collect Date: =09L13l2016 Priority ROUTINE Time Received: 15_45 icy Collect Time: 11_50 Sample Matrix: GROUNDWATER Labworks LoginlD KJIMISON2 jC Yes/No Sample Depth Loc.Type: Water Supply Delivery Method Hand delivered Final Report Date: 9/23/16 Report Print Date: 10/04/2016 Final Report Li- d&A If this report is labeled preliminary report, the results have not been validated. Do not use for Regulatory purposes. Result/ Units Method Analysis CAS# AnalVte Name PQL Qualifier Reference Date Validated by ARO COIIform, MF Total In liquid 1 1 B2 CFU/100ml APHA922213-20th 9/13/16 ESTAFFORDI Sample temperature at receipt by lab 2.7 °C 9/13/16 RBYRD J WSS Chemistry Laboratory»1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. 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"[ice fi�itt€ sithskaicsxeced ftti } ri l�ing,water standards.: ciui ateir wit i�e+ttse€i firrittin , c k rtg washing,:cieai in�,.bathmg,aid sh erietg.i sed the hataaAk eh t�i resu se i r bieiiis such a bid piste;od , Lining r,f porce tat n,.efes neu'i You ittay wani tostatl a hceseEiciid dater tratnrtettt<s�rste�ri t€'irddres ll acsthi tie PrX,t lei�ts: ' Barium C;adn�i��m Chroi�i%urrx i�iuurd� Craa. eta esiu�tr fan ,ttese �`el �tim, Sik�e€ ;zinc' Par more 104*atiori rogarrfr►rg your welt water results,pease cull ffm 0000VO7sW Of PfIW Ae911h 9191 7#7=� 611, apse I1�►,� ` .'��. �"'6` �bratiot�, t�txal Sample ttl' Ct�r��rtiatta °sa pTrs [o Local t Eta ctttarm#a �wertrrr;yawa rtut: .attt•z 0 r t !fcr rtit x*r ti}s� tit `r trr� €Frlir trr ccn rri�=.csers raft;s?ir�rrx rf f dirriir it t,,ftrrzt ti rtretrir Tate!c+[farrn hateria wace' eteted is ate sample utht iwlct .tF� f ltit ?rflc6 liir ur�ilai.ivas� auliPeatter t +tl. % a tt 141 f;€rs t�r�`�r tE=r jEr�'r 4khtt, W cnErt*trr��rrrrlra+.it�rrr�'Erc��rE_turr'i��fvr °'trtrFrirti�. boa trrrrt�r€�e�r�r curt edit an other i' pittiirrsits itictudi t-t rrsti r E r r s tirrtfrir t, r strE r �rtt€. 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Etraei[t�yE�tr'ttti iF fcEfrir tFua�"+: irfirri}rraUti='trt Elf carttcrrrtttEttort i> rttrtt?rtrt€,aft+r evoir,.r ptft ext it of yowl allot,n►ere rter.7ctcrftrrt*tF ti Yard.: Fir ftttttit�r•irtfat•ttrtrtiirtrt ctrrrtrtrt ys�rrc dErc,?t JrE°ritlt itrjtrtt'E�rsat:. fit,:t Reirtsert.tlecenth t2i1Si YdeltSat y. trttt�. r€ ltc6eattEi.rtctuwraiiit[�srcctsi��yet.htF,k. C p4� 1 9 5 r ! -.t S' •. ,z � _. yi' � Ili k�%3, ;. i , r i ! t • • I v r • • t v r ♦ '°` 77 Most coliform bacteria will not likely cause illness. Testing for all possible disease causing organisms is However, these bacteria are used as indicators in complex, time consuming and expensive. Usually, / water tests because their presence indicates that in order to determine the water quality of your well, �'_' ""ldisease-causing organisms (pathogens) could also testing is done for three different groups of coliform be in the water. The presence of some types of bacteria; each has a different level of risk to human coliform bacteria in the water signal the presence of health. feces or sewage waste. Feces and sewage wastes Total coliform bacteria are commonly found in the are usually the source of the disease-causing environment (For example, soil or plants) and are organisms. generally harmless. Fecal coliform bacteria are a sub-group of total coliform bacteria. They appear in great quantities in the intestines and feces of people and animals. The • Bacteria that cause diarrhea and vomiting, presence of these bacteria indicates that your well water is contaminated with feces or sewage, and it • Protozoa that cause dysentery, has the potential to cause disease. • Viruses that cause polio and hepatitis, and Escherichia coli is a sub-group of the fecal coliform group. These kinds of bacteria are found in great Helminths; such as roundworms and tapeworms, quantities in the intestines of people and warm- that cause chronic diarrhea. blooded animals. Some strains, however, can cause If you think you might be sick from disease-causing illness. The presence of this organism indicates organisms in your well water, contact your doctor fecal contamination of your well and a high risk for and show him/her your water test results. illness from disease-causing organisms. Children and the elderly are at a higher risk of You should test your well for coliform bacteria the harmful health effects of disease causing every year. organisms in drinking water. (continued) Mi frojiiiriiirtim 11M Do not drink the water. Get bottled water, or Coliform Bacteria: www.epa.gov/OGWDW/hfacts.html Boil the water for 1 minute'before drinking or `. cooking with it. How to disinfect your water and your well: www.deh.enr.state.nc.us/welidisinf.htm Disinfect your well. You may want to contact a www.ncWelldriller.org/documents/ well professional to disinfect or chlorinate your DisinfectaWaterV(lell_rev2007.6.pdf well, or contact the environmental health Rrogram at your focal health department for instructions on "A da'It yourself. This fact sheet answers:the'most frequently asked ! Re-sample and re-testsNour yvell water after health questions (FAW about coliform bacteria: s£ chlorinating �t This information is �mpgtant because some eolrfor �� bacteria have the potential to cause illness. The x effects of exposure to a biological contaminant �., ' � �� private well watee depend on the doset duration,�Qw you are exp#eed, perSo-pal traits and habits, ands � a type of biological'cantamrnaetresenf s $ b t M1 c� C q - " x 3T x 4 s; � '3g�aud �� P.T.^: � r � -�s``,��r � � ,:' ._-,see. - �S. s � } � ��`� �7$�r : �zf� � �`rr�,� x ��"�� • �m '*��G.iwr�.�� .v �1 �.'�'r'x�"i�it :, •� x�. � t �F ��, �� -� - - '. '�{�r.�' a,d" -.,,�,a.'"�#. � ��z �, �-,�.�„�i d a�- �<'i h ,�`- fi-n"`,-�"a da s � fi= _ ,.a tr r-�'• 5+r �hr�, .e`�'a� ��H � C n.�sia i:3�., ,�...y,��w�..'�, '�a '�s r`s..�tik��i�t�"u'.`Ci^'�� ; � ,6 y:..J a-�,r ''+ rs 1�ra.�''-",� �-�'`:. e � .>., ;.44 `�i j �:�`fa:s^� �. `-��.•:�.45�`�.t -'�3. h�.N --�' ""�'"� �'��•t� 3 s'.w,i °�"' �y i T,':� �a �-� F r 1 :' �, `.}z.� � i., .�,rt��,a aio- �"�rr"rP'�`; '! site PAT MCCRORY � E Governor y DONALD R. VAN DER VAART Secretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director October 17,2016 Barbra Basler 103 Parker Cove Road Weaverville,NC 28787 RE: Sample ID:AC31890&AC31937 Sample Location Address: 103 Parker Cove Road Buncombe County Dear Ms. Basler, Please find attached the analytical results for water samples collected from your water supply well, at the address referenced above,on August 22, 2016.Samples were collected in response to complaints from residents along Parker Cove Road concerning changes to groundwater quality as a result of high explosive detonations and subsequent ground vibrations at the nearby Maple Trace development.Your drinking water was analyzed for fecal coliform bacteria,total coliform bacteria, chloride,sulfate,and various metals. The following table summarizes the attached analytical results (AC31937) for your water supply well. Please note that the bolded values indicate levels above the NC Groundwater Standard,15A NCAC 02L .0202. The results are shown in units of micrograms per liter of water (ug/1) and are approximately equivalent to parts per billion (ppb). USEPA Maximum NC Groundwater Concentration Detected Analytes Contaminate Level Standard in Your Drinking Water Concentration Units Concentration Units Concentration Units Barium 2,000 ppb 700 ppb 17 ppb 8,700 ppb Calcium Chloride 250,000 ppb 5,600 ppb Iron 300 ppb 660 ppb Magnesium 4,300 ppb Manganese 50 ppb 15 ppb Potassium 3,600 ppb Sodium 7,800 ppb Strontium 80 ppb Sulfate 250,000 ppb 7,000 ppb The following table summarizes the attached coliform bacteria results (AC31890) for your water supply well. The results are shown in colony forming units per 100 milliliters of water or CFU/100 MI. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70,Swannanoa,North Carolina 28778 828-296-4500 Barbra Basler October 17,2016 Page 2'of 2 NC Groundwater Standard Concentration Detected in Your Analytes Drinking Water . Concentration Units Concentration Units Total coliform bacteria 1 CFU 100 ml Not detected CFU 100 ml Fecal coliform bacteria 1 CFU 100 ml Not detected CFU 100 ml Coliform bacteria were not present in your drinking water at this time. Iron is present at a concentration that exceeds the applicable groundwater standard. Chloride,sulfate,and additional metals are present but their concentrations do not exceed the applicable groundwater standards.It is important to note that many of these constituents are fairly common for groundwater quality in western North Carolina. Because there are constituents present in your drinking water,a Health Risk Evaluation (HRE)was performed by North Carolina Department of Health and Human Services toxicologist,Kennedy Holt. The HRE,which is enclosed,makes specific recommendations for use of your water based on these results. A total of seven water supply wells along Parker Cove Road were inspected and sampled in August 2016.Most of the residents I spoke with complained of excess sediment in their drinking water shortly after the high explosive detonations in June 2016. Sediment buildup at some water supply wells was so severe that it required the well pump to be raised.There is no evidence at this time that the use of high explosives has resulted in any lasting changes to the quality of groundwater surrounding Parker Cove Road. I have taken the liberty of including a fact sheet on iron and manganese for your review.If you have questions concerning the Health Risk Evaluation,please contact Kennedy Holt at(919) 707-5910. If you have any additional questions or concerns,please contact me at(828) 296-4681 or brett.laverty@ncdenr.gov. Sincerely, Aj Brett Lafferty/ Water Quia-fity Regional Operations Asheville Regional Office Attachment: Health Risk Evaluations by Kennedy Holt DWR laboratory analytical results Iron and manganese in household water fact sheet cc: ARO file \ Buncombe County Health Department w/attachments North Carolina Division of Water Resources Water Sciences Section Laboratory Results Barbara Basler-103 PARKER COVE RD,WEAVERVILLE.NC Sample ID: AC31937 BUNCOMBE Collector: B LAVER TY YsitlD PO Number# ARO Report To ARO Location ID: 1C11103PARKER Date Received: 08/24/2016 35 .sin Collect Date: 08/22/2016 Priority ROUTINE Time Received: 08.,_ icy Collect Time: 14_23 Sample Matrix: GROUNDWATER Labworks LoginlD MSWIFT jC Yes/No Sample Depth Loc.Type: Water Supply Delivery Method NC Courier Final Report Date: 9/28/16 Report Print Date: 10/04/2016 Final Report If this report is labeled preliminary report, the results have not been validated. Do not use for Regulatory purposes. Result/ Units Method Analysis CAS# Analyte Name PQL Qualifier Reference Date validated by LAB Sample temperature at receipt by lab 0.7 °C 8/24/16 MSWIFT WET Bromide 0.4 0.4 U mg/L EPA 300.0 rev2.1 8/24/16 CGREEN Chloride 1.0 5.6 mg/L EPA 300.0 rev2.1 8/24116 CGREEN Fluoride 0.4 0.4 U mg/L EPA 300.0 rev2.1 8/24/16 CGREEN Sulfate 2.0 7.0 mg/L EPA 300.0 rev2.1 8/24/16 CGREEN MET 7440-22-4 Ag by ICPMS 1.0 1.0 U ug/L EPA200.8 Rev5.4 9/12116 ESTAFFORD1 7429-90-5 Al by ICP 50 50 U ug/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORD1 7440-38-2 As by ICPMS 2.0 2.0 U ug/L EPA200.8 Rev5.4 9/6116 ESTAFFORD1 7440-38-3 Baby ICP 10 17 ug/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORD1 7440-70 2 Ca by ICP 0.10 8.7 mg/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORD1 744, 9 Cd by ICPMS 0.50 0.50 U ug/L EPA200.8 Rev5.4 9/6/16 ESTAFFORD1 7440-48-4 Cobalt by ICP 50 50 U ug/L EPA 200.7 Rev4.4 9/8116 ESTAFFORD1 7440-47-3 Cr by ICPMS 5.0 5.0 U ug/L EPA200.8 Rev5.4 9/6/16 ESTAFFORD1 7440-50-8 Cu by ICPMS 2.0 2.0 U ug/L EPA200.8 Rev5.4 9/6/16 ESTAFFORD1 7439-89-6 Fe by ICP 50 660 ug/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORD1 7439-97-6 Hg 245.1 0.2 0.20 U ug/L EPA245.1 Rev3 9/13/16 ESTAFFORD1 7440-09-7 K by ICP 0.10 3.6 mg/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORD1 7439-95-4 Mg by ICP 0.10 4.3 mg/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORD1 7439-96-5 Mn by ICP 10 15 ug/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORD1 7439-98-7 Mo by ICPMS 10 10 U ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORD1 7440-23-5 Na by ICP 0.10 7.8 mg/L EPA 200.7 Rev4A 9/8/16 ESTAFFORD1 7440-02-0 Ni by ICPMS 2.0 2.0 U ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORD1 7439-92-1 Pb by ICPMS 2.0 2.0 U ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORD1 7782-49-2 Se by ICPMS 1.0 1.0 U ug/L EPA200.8 Rev5A 9/6116 ESTAFFORD1 7440-24-6 Sr by ICPMS 10 80 ug/L EPA200.8 Rev5.4 9/6/16 ESTAFFORD1 7440-66-6 Zn by ICPMS 10 10 U ug/L EPA200.8 Rev5.4 9/6/16 ESTAFFORD1 WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 1 of 1 North Carolina Division of Water Resources Water Sciences Section Laboratory Results Barbra Basler 163 PARKER COVE ROAD,WEAVERVILLE,NC Sample ID: AC31890 BUNCOMBE Collector: B LAVERTY VisitlD PO Number# ARO ARO Report To ARO Location ID: lClII03PARKER Date Received: 08/22/2016 sin Collect Date: 08/22/2016 Priority ROUTINE Time Received: 16_00 icy Collect Time: 14_23 Sample Matrix: GROUNDWATER Labworks LoginlD KJIMISON2 -)C Yes/No Sample Depth Loc.Type: Water Supply Delivery Method Hand delivered Final Report Date: 9/23/16 Report Print Date: 10/04/2016 Final Report If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. Result/ Units Method Analysis CAS# Analyte Name PQL Qualifier Reference Date Validated by ARO Coliform, MF Fecal in liquid 1 1 B2 CFU/100m1 APHA9222D-20th 8/22/16 ESTAFFORDI Coliform,MF Total in liquid 1 1 B2 CFU/100ml APHA92226-20th 8/22/16 ESTAFFORD1 Sample temperature at receipt by lab 3.9 T 8/22/16 RBYRD WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 1 of 1 i a' 0 A ' L Ii. Veit Wat 1r.Biological Anal rsis Results & Recominendati.ons t , ColInty: (A 4g^ Sample ID#: /' I ocationt � ' rk r 4. Review DaIte: t'0 _ t neviewer: f/,.- 44 Initial Sample L941 Confirmatory Sample D(2) Local Health Department Telephone: [31 Na uclffl om bacto-fia ttrsro found In your well tr1ate1. :ortt arft£t tart tit is�'d f rt?t!trrst'pit�es frrtllydtt drirtktrt��,Gs,e>lug,dt71t�lifrt ,Clerttrirr ,11+7tlf+ttQ Alt+dytr0ateftr IS. [4l Total celitorrn bacteria snore detected to the sample which indicates that harmlul bacteria from human or animal waste Could Bitter the well. Do trot trse t!re.rva Yov rira use lorir toater fior all other pnepasts trrcluding Tvasl ijig,tt{slti,}s,.trnflrirr For'strott?frrrr ; [ 'I Your well'!dater needs tit be re-sampled to verify that the.test result's accurate or a problem has been resolved. � � [61 i eCal caldornt:lractede were detected its the sample �}�F uVr.S• ds.�.''��1€+t'a`far ;�r�ta:irt�t:�'£�'�:d�t1�R.it��tnl,�ltl3lkS:ltnFtat�.�'r or Ov ffug: Your it>tlh'totter tuts#fisted far`l iaio4 icnt corttrrttriirr<rrts lfottXl'rotilorrtt:nttt!fsc'nl cotifivm bacteria):Tltcj t srtlta tt>ctc�ccnlrtntec!ctshig frd6al drbAbig viler staudarrls !'Elie re-salnplirf Sallie coutairrirration by rolffbrnvbackria,corrtnet ijvrrr taint lienittt rtc�txtt tart rrt fir' aksi.4 ritirc. There:May bid rd problem with tli Dtl<trr`lttiort{sf tIg7C tUEil,Flit: rt tfrlrtitfsitf 9t'ttr L,'Erl`w!etTithT t f tlrt itiil. Trt4 di'll rtrid fo tt t t; F tt tr?);t�tt#f rf jl tt i:lt;lt pPr1,}t•t'f or a loca! el! core ractor to deterrltiate the prat#'w fultir lre well dud fo�gi� grthdarree ou lt�sttr dtr rerrrert.dltE prnlr�rri. Total rot{fartti!rat erirt;arty fatrrtd idr sett Third fecat Colif rm bacteria are fibuml to nrlifrral-Od huurnit uvaste. tital catift>t rrr or rttt ctrliforrn`Ir,�rterda lit ttrefl tartfee may:h1dime that the vela rrraY llriz strttct r•at lrrolrh••aus or tllr*t Me ivell'ttvra{tot properhV disirif ited. tt't ou have berm d rirlkit jg well titter and are pretgliaut,rr a"Ong,have a child ill site lrtfrrsr!llold Iffider 5 years of age,oI iururtrrrocorUproudsed tsrrrh.as all hfAvidifal{{rills A]D , -Mice;',i)vl)g tfi I yrroredfin,sl lttlor'3tt rJtrttr titllOf Ca pro-vide, at tl?c e?es lk.n!yora .k•1!Jiitd• If file ;!mold iui'erf I fgate 111V possibility qf drifli tg a stew wolf or iirstoll a poirlWf erttq di+irtfectiorr urritwltich crtii lrse chlorilie,riltraviolet light,ortzaorrc: ttirle tt�crlt tt?ater. trtptirrg i t aeotriuti�rided idtet;yYrar fire lrnrderiartnd rritrr(k:. nrri le tfortr,tell ulteu there i;rt l rrotnrr pt;ot�lefft or cputartrirrrYliori iri !ft do area,after repairs,Jt*ptafc"rrrrtt#of ypin era dl,.rr aftt�r a flowligg event. For fa-flier oorivatiffn,contnc:t your local lrt`alth departur lrt: Won Satety f2trulsed December 2011 tttti5:Ni3ldl.podatictseaittt.ne.tiav oii!Irst,tatsrrGet.ttG:i ,\ �a �`\ `� �- �: 77777-7 g rt l • ; t rm t1 �1Al A Private Weld Inf _ dnssand Use Recommendaflons hu�h��tin�►,a For Inorganic Chemical Contaminants Country: t1 Name .-6 Sample ID TEST RESULTS AND USE RECOMMENDATIONS 1<n Your wel(water meets federal drinking water standards for inrrrgattle cherrifcals, Your water can be used for drinking,,cooking,washing$cleaning,bathing,and showerin0ased on the irvr2aulc cItentical WIN fts vnly.You may Have other water sampling results that are not taken into account in this report._ 2. The fr,ltowing sub stance( )exe edcd f deral drinking water standards or±lie North arol:na 21:calculated health ieveis.Tl e€North Carolina Division,of Public Walth recommends drat your wall water not be used for drinking ann cooking,unless you install a water treatment systern to rprriave tl,e ci cled substances},Ilc�wevGr,It trzay b used for washing,cleaning,bathing and+showering based on the 'trar ar is che�ttical res lls rittl arsenic Barium Cadmium Chromium Co er~ ~ Fluoride Lead Iron .1Nitrite Selenittta Silver Ma nesiutn Zinc H T pan anew Mercury;_.._ I�lttrae �. Sodium levels exceed the U.S. Environrnental Protection Agency's(USEPA)Health Advisory level for sodium of 20 mgll. `Tile North Carolina O.W.Won of Public Heµlth recommends.that only individuals oil no or low sodium restricted diets not use this water for drinking or evoking, It may be used for washing,cleaning bathitzg,and zhowe ng based of ktenlc cllax'leal resnlsn1 . © u; L�vuls vvez '0`'�ztg/l rra;r pcse_aysthetic prroble:ns size? as bad taste;E�dar,staining f pnroe laiz?,eta, 4, is rveozx,zzzi tnd d in ;ncznths. S jj pOe,ggtnple for lead and for copper. Take a first draw, S minute,and A minute sample inside the house(preferably' the kitchen)a nd if poss bie a first draw,5 minute ands:15 toinute sample at the well head to determine the source of the dead and/or copper. G. �Theollowing substance(s)exceeded federal drinking water standards. Your water can be used for'drinking, cooking,washing,cleaning,bathing,and showering bused on the ltivrga yc. It pt&at results onits,but aesthetic problems such as had taste,odor,staining of porcelain,etc,may occur, You may want to install a household water treatment systern to address aesthetic problems. Barivn Cadmium C,hrotnium fltzorzpe _ ron tvla esttttti j an anee Selezzitznz. 5zlvcr H Zinc For there information regarding your well water'results,please eirlt the:'4'rtrtla Carolina1�lvisl©rt of Public Ilerrtttt at 4l9-Tp7-54a(1 North Carolina Cooperative Extension Service Waater Quality te Management Iron and Manganese in Household Water Prepared by: Glenda M. Herman,Extension Housing Specialist Published by:North Carolina Cooperative Extension Service Publication Number: HE-394 Last Electronic Revision March 1996(7WM) Iron and manganese are minerals found in drinking water supplies.These minerals will not harm you,but they may cause reddish-brown or black stains on clothes or household fixtures.Under guidelines for public water supplies set by the Environmental Protection Agency(EPA),iron and mangenese are considered secondary contaminants. Secondary standards apply to substances in water that cause offensive taste, odor,color,corrosion,foaming,or staining but have no direct affect on health.The standard Secondary Maximum Contaminant Level(SMCL)for iron is 0.3 milligrams per liter(mg/L or ppm)and 0.05 mg/L for manganese.Private water supplies are not subject to federal standards,but these standards can be used as guidelines to evaluate the quality of water from wells or springs. The four forms of iron and manganese commonly found in drinking water are ferrous,ferric,organic and iron bacteria. Normally,water appears clear when first drawn from the cold water faucet. If yours is not, it may contain ferric iron or organic iron.Both color the water.Ferric iron precipitates or settles out.Organic iron does not settle out.In well water, insoluble iron oxide is converted to a soluble form of ferrous(dissolved)iron.Ferrous iron is colorless,but when in contact with air,it oxidizes readily,creating reddish-brown, solid particles that then settle out as ferric oxide. Manganese is similar to iron but forms a brownish-black precipitate and stains.Manganese is less commonly found in groundwater than iron,rarely found alone in a water source,and generally found with dissolved iron. Health Considerations The presence of iron and manganese in water is not considered health problem.In fact,small concentrations are essential to human health.However,high concentrations of iron may give the water an unpleasant metallic taste while still being safe to drink.When iron combines with tea,coffee,and alcoholic beverages,it produces an unappetizing inky,black appearance and a harsh,offensive taste.Vegetables cooked in iron-contaminated water turn dark and look unappetizing. Iron bacteria(a harmless bacteria),occur in soil,groundwater,and some surface waters. Iron bacteria are consddred harmless to health,how-ever,they may give water an off taste or color,cause splotchy yellow stains on laundry,and -> clog water systems.Iron bacteria usually appear as stringy,slimy,mucous-like substances sus-pended in fresh water and may be colored brown,red,or white.They thrive on iron in the sink or metal parts of the water system and are most easily seen on the inside surface of the toilet tank. http://www.bae.ncsu.edu/programs/extension/publicat/wgwm/he394,html 12/30/2008 Testing A water analysis should be done to determine the source of the iron and manganese.Iron and manganese may be present in the water supply or be caused by corroding pipes(iron or steel).Iron from pipe corrosion indicates low pH that may need to be corrected. A water treatment equipment company or testing laboratory can test water for dissolved or oxidized iron or manganese. Call the North Carolina Cooperative Extension Service center in your county or the public health of fice for names of laboratories that perform tests for colloidal or organic-complexed iron and manganese. Ask the testing laboratory how to collect a water sample for an iron and manganese test. Generally,you should take the sample from the faucet closest to the pump.Allow the water to run for 5-10 minutes before sampling to obtain fresh water that has not been exposed to air.Do not sample water that has gone through a water heater or a water treatment unit such as a softener. If the water is clear when first drawn, but red or black particles appear after the water settles, dissolved iron and manganese are present.If the water has a red tint but no particles settle out after a time,colloidal iron is the cause.Reddish brown or black brown slimy masses inside the toilet tank indicate iron or manganese bacteria. Laboratory tests are recommended in all cases to determine iron and manganese concentrations. Treatment Iron and manganese treatment should be based on a chemical analysis of the water show-ing the type and concentration present.There are five treatment methods for the removal of iron and manganese from home water systems. WATER SOFTENER(CATION EXCHANGE) A water softener can remove small amounts of ferrous iron and manganese. Iron and manganese in untreated water are flushed from the softener medium(ion exchange)by backwashing(forcing sodium-rich water back through the unit). This process adds sodium to the resin medium,and iron and manganese are carried away in waste water. The amount of iron and manganese a softener can remove depends on the water properties,,,the w J, g p p p types of regeneration and backwash controls,and the ion exchange resin or zeolite used. You must maintain a clean resin bed by frequent and thorough backwashing and regeneration.Manufacturer literature should be carefully studied and system set-up and operation instructions followed.Caution: Water softeners treat hard water by adding sodium to the water,a health concern for people on sodium-restricted diets. For this reason,you may want to connect a softener only to the hot water line leaving cold,unsoftened water for cooking and drinking. In iron and manganese removal,the softener must treat both hot and cold water since sinks,laundry,and dishwashing equipment are affected.A separate tap can be installed to provide unsoftened water for cooking and drinking. AERATION Dissolved iron and manganese are easily oxidized to a solid form by mixing with air.A pressure aerator mixes air with the water,the air is vented,and then the solid particles are filtered from the water. This method adds no chemicals to the water and is most effective in warm climates.The filter must be backwahhed frequently to properly maintain the system.To protect the water from contamination by bacteria in the air,the system should be totally enclosed and only biologically safe water should be used. The appropriate pumping capacity must be maintained for adequate air intake. OXIDIZING (CATALYST)FILTER When the total combined iron and manganese concentration is less than 15 mg/l,an oxidizing filter(natural managanese greensand,manufactured silica gel zeolite coated with manganese dioxide,plastic resin beads,or pumicite),is recommended.Some filters are coated with a manganese oxide and are regenerated by using a potassium permanganate solution.An oxidizing filter supplies oxygen to convert ferrous iron into a solid form which can be filtered out of the water. http://www.bae.ncsu.edu/programs/extension/publicat/wgwm/he394.html 12/30/2008 ,dent backwashing and stirring of a manganese greensand bed helps prevent an iron-fouled bed.After several weeks use,the greensand filter should be backwashed with potassium permanganate to remove solid particles and regenerate(recoat)the greensand to allow absorbation of more dissolved minerals. Synthetic filters,such as zeolite, requires less backwash water and softens the water as it removes the iron and manganese. CHLORINATION AND FILTRATION When the iron and manganese content of the water is extremely high(above 10 ppm),a combination of chemical treatment and filtration is necessary. Small chemical pumps are used to add chlorine bleach,potassium permanganate, or hydrogen peroxide into the water.After a retention time of at least 20 minutes to allow for oxidation of ferrous iron into the insoluble ferric form,the solid particles are filtered out. When chlorine is used,the treated water can have an unpleasant taste if a particle filter of calcite,sand,anthrocite,or aluminum silicate is used.Use an activated carbon filter to remove both excess chlorine and solid iron and manganese particles.Backwash frequently.Some units have an automatic backwash cycle. OTHER TREATMENTS Complexation is a simple and low cost method for removing iron and manganese up to 3 mg/L.A phosphate compound is added to the water to complex(tie up)the dissolved iron or manganese.However,adding phosphates to water supplies is not allowed by law in North Carolina. If organic-complexed or colloidal iron/manganese is present in the untreated water,a longer contact time and higher levels of chemical are necessary for the oxidation reaction to take place.Aluminum sulfate(alum)eases filtration by causing larger iron/manganese particles to form. A multistage treatment operation may be necessary if your water has high levels of iron and manganese and they are in both the dissolved and solid forms.For example,the water could first be aerated,than chlorinated to oxidize residual iron and kill iron bacteria,and then filtered through a mechanical device to remove particles.This can be followed by activated carbon filtration to remove excess chlorine and a water-softener for hardness control as well as removal of any residual dissolved iron and manganese. Summary of Treatment Options for Iron and Manganese Symptom Cause Treatment Water clear when drawn, Dissolved iron or Water softener (less than 5 mg/L of reddish-brown or black particles manganese. iron) appear as water stands; reddish- Aeration (less than 25 mg/L of iron) . brown or black stains on fixtures Oxidation/Filtration (less than 15 or laundry. mg/L of iron plus manganese) . Chlorination-Filtration (greater than 10 mg/L of iron) . Water contains reddish-brown Iron particles from Raise pH with neutralizing filter that particles when drawn; particles corrosion of pipes also filters particles. settle out as water stands. and equipment. Water contains reddish-brown Oxidized iron, Particle filter (if quantity of oxidized or black particles when drawn manganese, or both material is high, use larger filter than particles settle out as water due to exposure of in line, e.g. sand filter) . stands. water to air prior to tap. Reddish-brown or black slime Iron bacteria. Kill bacteria masses by shock treat- appears in toilet tank or from Manganese bacteria. ment with chlorine or potassium <`' faucet. permanganate, then filter; may re- quire continuous feed of chlorine or potassium permanganate, then filter. http://www.bae.ncsu.edu/programs/extension/publicat/wgwm/he394.html 12/30/2008 Reddish or black color that Colloidal iron, Chemical oxidation with chlorine or remains after 24 hours. manganese, or both. potassium permanganate. Organic-complexed iron, manganese, or both. Summary Iron and manganese are common household water contaminants with no known direct health effects at levels found in water.Their presence may cause staining and offensive tastes and odors.Treatment of these secondary contaminants de pends on the form in which they occur,and the levels of concentration.Iron and manganese removal, bacteria control,water softening and treatment for any other contamination may be separate problems, yet they must be considered together.Accurate testing is important prior to selection of a treatment system.The table on page 3 may help you identify and determine treatment(s)for iron and manganese in household water supplies. References Kolega,John J. Water Conditioning and Treatment of Iron and Manganese. Fact Sheet 9.University of Connecticut.Cooperative Extension Service. 1989. Machmeier,Roger E.Iron in Drinking Water. University of Minrkesota Agricultural Extension Serivice. 1971. Plowman,Faye T.Iron and Manganese.Fact Sheet 5.University of New Hampshire Cooperative Extension Service. 1989. Wagnet,Linda and Ann Lemley.Iron and Manganese in Household Water.Fact Sheet 6.Cornell Cooperative Extension. 1989. Distributed in furtherance of the Acts of Congress of May 8 and June 30,1914.Employment and program opportunities are offered to all people regardless of race,color,national origin,sex,age,or disability.North Carolina State University,North Carolina A&T State University,U.S.Department of Agriculture,and local governments cooperating. HE-394 Fo� Back up one Return to"WM Home Page http://www.bae.ncsu.edulprograms/extension/publicat/wgwmihe394.htmi 12/30/2008 PAT MCCRORY Ank (..;011L'mor DONALD R. VAN DER VAART Secrekxry S. JAY ZI:MMERMA.N Water Resources ENVIRONMENTAL QUALITY 1.)ira cttlr October 18, 2016 Marche Pittman, County Manager Polk County P.O. Box 308 Columbus, NC, 28722 Subject: Permit No. WQ0038806 Polk County Polk County Jail and Law Enforcement Center Wastewater Collection System Extension Permit Polk County Dear Mr. Pittman: In accordance with your application received September 28, 2016, and additional information received on October 5, 2016 and October 11, 2016, we are forwarding herewith Permit No. WQ0038806 dated October 18, 2016,to Polk County(Permittee)for the construction and operation upon certification of the subject wastewater collection system extension. This permit shall be effective from the date of issuance - until rescinded,and shall be subject to the conditions and limitations as specified therein.This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition 11.1: This permit shall not be automatically transferable; a request must be made and approved. Condition IIA: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. It shall be responsibility of the Permittee to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. If any parts, requirements,or limitations contained in this permit are unacceptable,you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition,conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made,this permit shall be final and binding. 2090 U.S.70 Highway,Swannanoa,NC 28778 Phone:828-296-4500\Internet:www.ncwaterguality.org An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper Polk County Permit No.WQ0038806 \ If you need additional information concerning this matter, please contact Tim Heim at(828) 296-4500 or \ via e-mail at tim.heim@ncdenr.gov. Sincerely, for S.Jay Zimmerman, P.G. Director, Division of Water Resources G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ cc: Mark Hamlett, PE, McGill Associates (electronic copy) James Smith,Public Works Director,Town of Columbus (electronic copy) ARO Office Files Water Resources Central Files PERCS(electronic copy) G:\WR\WQ\Polk\Collection Systems\Columbus WQCS00140 Page 2 of 9 NEW9 ,Environmental Quality WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Polk County for the construction and operation of approximately 254 linear feet of 8-inch gravity sewer and two sanitary sewer manholes to serve the new prison and law enforcement center (anticipated 60 inmates and 20 employees) as part of the Polk County Jail and Law Enforcement Center project,and the discharge of 6,300 gallons per day of collected domestic/commercial wastewater into the Town of Columbus's existing sewerage system, pursuant to the application received September 28, 2016, and additional information received on October 5, 2016 and October 11, 2016 and in conformity with 15A NCAC 2T;the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. 1 for S.Jay Zimmerman, P.G. Director, Division of Water Resources By Authority of The Environmental Management Commission Permit Number: WQ0038806 Permit Issued: October 18, 2016 Page 3 of 9 SUPPLEMENT TO PERMIT COVER SHEET Polk County is hereby authorized to: Construct,and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the Town of Columbus Wastewater Treatment Facility in accordance with Permit Number NC0021369. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable;and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions identified below. I. STANDARD CONDITIONS 1. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. [15A NCAC 02T.0104; G.S 143-215.1(d3)] 2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T, the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. [15A NCAC 02T.0110] 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. [15A NCAC 02T.0110] 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required,the following performance criteria shall be met: [15A NCAC 02T.0108(b)]: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters,and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. Page 4 of 9 - c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day(i.e.365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Caro.lina General Statute§143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems, the Grease Control Program shall include at least bi- annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs(a)through(i)of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. 5. The Permittee shall report by telephone to a water resources staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure,due to known or unknown reasons,that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.;or b. Any SSO and/or spill over 1,000 gallons; or c. Any SSO and/or spill, regardless of volume,that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Page 5 of 9 Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form CS-SSO(or the most current Division approved form)can also be completed to show that the SSO was beyond control. [G.S. 143-215.1C(a1)j 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. [15A NCAC 02T.0108(b)] 7. Upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. If the permit is issued to a private entity with an Operational Agreement,then a copy of the Articles of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: a. One copy of the project construction record drawings(plan &profile views of sewer lines&force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc. b. One copy ofthe supporting applicable design calculations including pipe and pump sizing,velocity, pump cycle times, and level control settings, pump station buoyancy, wet well storage, surge protection, detention time in the wet well, and force main, ability to flush low points in force mains with a pump cycle,and downstream sewer capacity analysis. If a portable power source or pump is dedicated to multiple stations, an evaluation of all the pump stations'storage capacities and the rotation schedule of the portable power source or pump, include travel timeframes,shall be provided. c. Changes to the project that do not result in non-compliance with this permit, regulations, or the Minimum Design Criteria should be clearly identified on the record drawings, on the certification in the space provided, or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non-compliance with this permit (including pipe length increases of 10% or greater, increased flow, pump station design capacity design increases of 5%or greater, and increases in the number/type of connections), regulations, or the Minimum Design Criteria. Requested modifications or variances to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during Page 6 of 9 the permitting process prior to construction. After-construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification & activation. [15A NCAC 02T.0116] 8. Gravity sewers installed greater than ten percent belowthe minimum required slope perthe Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined, a slope variance can be requested from the Division with firm supporting documentation. This shall be done through a permit modification with fee. Such variance requests will be evaluated . on a case-by-case basis.Resolution of such request shall be evident prior to completing and submitting the construction certification. [ 15A NCAC 02T.0105(n)] 9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. [15A NCAC 02T.0116] 10. Failure to abide by the conditions and limitations contained in this permit;15A NCAC 2T;the Division's Gravity Sewer Design Criteria adopted February 12,1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division,in accordance with North Carolina General Statutes §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities,and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. [15A NCAC 02T .0104; 15A NCAC 02T .0108(b-c)] 11. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions,the Permittee shall take immediate corrective action,including those as may be required by this Division, such as the construction of additional or replacement facilities. [15A NCAC 02T.0110; 15A NCAC 02T.0108(b)] 12. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations,or ordinances that may be imposed by the Division any other Federal,State,or Local government agencies which have jurisdiction or obtaining other permits which maybe required by the Division or any other Federal,State,of Local government agencies. [G.S. 143-215.1(b)] Page 7 of 9 `j Page 8 of 9 FAST TRACK SEWER ENGINEERING CERTIFICATION PERMITTEE: Polk County PERMIT#: WQ0038806 PROJECT: Polk County Jail and Law Enforcement Center ISSUE DATE: October 18,2016 This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the Division has received this Certification and all required supporting documentation. It should be submitted in a manner that documents the Division's receipt. Send the required documentation the Regional Supervisor,Water Quality Regional Operations Section at the address at the bottom. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up until a final certification is received. A Final Certification shall be a complete set of record drawings and design calculations regardless of whether partials have been submitted. PERMITfEE'S CERTIFICATION I,the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name,Title Signature Date ENGINEERS CERTIFICATION as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the project name and location as referenced above for the above Permittee hereby state that,to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Resources'(Division)Gravity Sewer Minimum Design Criteria adopted February 12,1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. .............................. North Carolina Professional Engineer's Seal w/signature &date: ❑ Final ❑ Partial (include description) Certification Comments/Qualifiers(attach if necessary): NC DWR—Water Quality Regional Operations Section Address City, NC Zip Code Asheville Regional Office Phone: (828)-296-4500 FAX: (828)-299-7043 Certified Mail#7015 1520 0003 5463 0110 Return Receipt Requested October 18, 2016 Bob B Leatherwood Silver Bluff Realty LLC 100 Silver Bluff Dr Canton,NC 28716 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6) and NPDES WW Permit No.NCO033600 Silver Bluff Realty LLC Pigeon Valley Rest Home WWTP Case No. LV-2016-0209 Haywood County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$216.62($100.00 civil penalty+ $116.62 enforcement costs)against Silver Bluff Realty LLC. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by Silver Bluff Realty LLC for the month of June 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.NC0033600. The violations,which occurred in June 2016, are summarized in Attachment A to this letter. Based upon the above facts,I conclude as a matter of law that Silver Bluff Realty LLC violated the terms, conditions or requirements of NPDES WW Permit No.NCO033600 and G.S. 143-215.1(a)(6)in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2),a civil penalty maybe assessed against any person who violates the terms,conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources,I, G.Landon Davidson, P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Silver Bluff Realty LLC: State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 $100.00 1 of the 1 violations of 143-215.1(a)(6)and Permit No.N00033600, by discharging waste water i. the waters of the State in violation of the Permit Daily Maximum for BOD - Conc. $0.00 0 of the 1 violations of 143-215.1(a)(6)and Permit No.NC0033600, by discharging wastewater into the waters of the State in violation of the Permit Monthly Average for BOD- Conc. $100.00 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $216.62 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty(30)days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission,OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 i ,ton 2: Submit a written request for remission or mitigation including a detailed justification for such squest: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing and Stimulation of Facts"form within thirty(30)days of receipt of this notice The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition wit) 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 DEQ as follows: Mr. Sam M.Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,North Carolina 27699-1601 i Please indicate the case number(as found on page one of this letter)on the petition. Failure to exercise one of the options above within thirty(30)days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised-that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at(828)296-4667 or via email atjanet.cantwell@ncdeDr.gov. Sincerely, G.Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office ATTACHMENTS Division of Water Resources,NCDEQ Cc: WQS Asheville Regional Office-Enforcement File NPDES Compliance/Enforcement Unit-Enforcement File mil, Goldie&Associates/ORC Ci:'iwW.:.WQ'Jlaywuod''.wa.,tewateili,%linors'Silrer Sniff-Pigeon Val ley i�60iiLl:^^<0 t(-0307.rti JUSTIFICATION FOR REMISSION REQUEST case Number: LV-2016-0209 County: Haywood Assessed Party: Silver Bluff Realty LLC Permit No.: NC0033600 Amount Assessed: $216.62 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents,as to why the factor applies(attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 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 civilpenalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF HAYWOOD IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Silver Bluff Realty LLC ) Pigeon Valley Rest Home ) PERMIT NO.NCO033600 ) CASE NO. LV-2016-0209 Having been assessed civil penalties totaling$216.62 for violation(s) as set forth in the assessment document of the Division of Water Resources dated October 18,2016,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the notice of assessment. This the day of 20 may, SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Silver Bluff Realty LLC CASE NUMBER: LV-2016-0209 PERMIT: NCO033600 REGION: Asheville FACILITY: Pigeon Valley Rest Home COUNTY: Haywood LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 -Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 6/22/2016 6-2016 BOD, 5-Day(20 Deg. Weekly mg/I 45 109 142.2 Daily Maximum $100.00 C)-Concentration Exceeded 6/30/2016 6-2016 BOD,5-Day(20 Deg. . Weekly mg/I 30 32.90 9.7 Monthly $0.00 C)-Concentration Average Exceeded \\ �\_ �__ y� PAT MCCRORY Governor 3's ` DONALD R. VAN DER VAART Secretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director October 18,2016 DWR# 11-0437-V3 Buncombe County Enka Partners of Asheville, LLC and Fletcher Partners, Inc. Attention: Martin Lewis 1091 Hendersonville Road Asheville, NC 28803 Subject: APPROVAL MODIFICATION OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Enka Center Dear Mr. Lewis: You have our approval for the impacts listed below for the purpose described in your new design application dated September 6, 2016, and received by the Division of Water Resources (Division) on September 9, 2016.These impacts are covered by the attached Water Quality General Certification Number 3884 and 3886 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Number 12 and 14 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70 Swannanoa,North Carolina 28778 828 296 4500 Enka Center\ DWR#11-0437-V3 `. 401 Approval Page 2 of 4 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] FStreams pact Amount Approved Amount Approved (units) (units) Permanent Temporary Impact S1 20(linear feet) Impact S2 100(linear feet) Impact S3 220(linear feet) Impact S4 10(linear feet) Impact S5 10(linear feet) 2. This approval is for the purpose and design described in your application and additional information provided. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification(s) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the NC Division of Mitigation Services (DMS) to meet this mitigation requirement. Until the.DMS receives and clears your payment, and proof of payment has been provided to this Office no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to the DMS to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)1: Compensatory Mitigation River&Sub-basin Required Number Stream 220 (feet) French Broad 06010105 4. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3)] Enka Center DWR#11-0437-V3 401 Approval Page 3 of 4 5. Stormwater Management Plan (SMP)Approval from the City of Asheville Required. You are required to provide one copy of the approved SMP, including plan details, with proof of the City of Asheville's approval. The approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) before any impacts authorized in this certification occur. After it is approved and submitted to the Division, the SMP may not be modified without prior written authorization from the City of Asheville. If the SMP is modified in the future,then you shall provide one modified SMP with proof of approval to the DWR 401 & Buffer Permitting Unit prior to the commencement of the modifications. [15A NCAC 02H .0506(b)(5)] 6. The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 02B .0200. Appropriate sediment and erosion control practices must be used to meet this standard. [15A NCAC 02B .0200] 7. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 © and 15A NCAC 02H .0506 (b)(2) and (c)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty(60)calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919)431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: Enka Center' DWR#11-0437-V3 401 Approval Page 4 of 4 If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Zan Price at 828-296-4662 or zan.price@rncdenuov if you have any questions or concerns. Sincerely, an Price, P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: 3884 and 3886 Certificate of Completion cc: Rebekah Reid—Clearwater Environmental Consultants, Inc. (via email) William Elliot—USACE Asheville Regulatory Field Office (via email) Andrea Leslie—NCWRC(via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit G:\W R\WQ\Buncombe\401s\Non-DOT\EnkaCenter\Version3\APRVL.EnkaCenterV3 10.18.2016.docx ...__...... P A Ititi O ;C ? Certified Mail # 7015 1520 0003 5463 0172 Return Receipt Requested October 19, 2016 Susan Glenn PO Box 1770 Blowing Rock, NC 28605 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LM-0063 Permit No. NCO055611 Blackberry Sewer System WWTP Caldwell County Lear Permittee: A review of the June 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Nitrogen, Ammonia Total (as 6/30/2016 11.1 14.13 Monthly Average Exceeded N) - Concentration (C0610) Monitorina Violation(s): Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Nitrogen, Total - Concentration 6/30/2016 Quarterly Frequency Violation (C0600) 001 Effluent Phosphorus,Total (as P) - 6/30/2016 Quarterly Frequency Violation Concentration (C0665) State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina G6, Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not\\ more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. Please refer to the latest letter titled "Electronic Reporting Requirements"dated March 31, 2016 concerning_ registering-to use the Division's new a-DMR system for the completion and electronic submittal of month�r Discharge Monitoring Reports DMRs . Your facility will be required to report your Discharge Monitoring Reports electronically by December 21, 2016 For more information, please visit the eDMR Website at the following address: http://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr If you have any questions concerning this matter,please contact Janet Cantwell of theAsheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File WQ Lab &Operations/ ORC G:\WR\WQ\Caldxell,Wastewater\Minars,Blackberry Ridge 55611\NOV-NOI-2016-LM-0063.rtf PATZtl � li � IYR Certified Mail#7015 1520 0003 5463 0127 Return Receipt Requested October 19, 2016 James Rice Eaven Brice Partnership 329 Emma Rd Asheville,NC 28806 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6) and NPDES WW Permit No.NCO067342 Eaven Brice Partnership North View Mobile Home Park WWTP \ Case No. LV-2016-0210 Buncombe County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$316.62($200.00 civil penalty+ $116.62 enforcement costs)against Eaven Brice Partnership. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by Eaven Brice Partnership for the month of May-2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.NC0067342. The violations,which occurred in May 2016, are summarized in Attachment A to this letter. Based upon the above facts,I conclude as a matter of law that Eaven Brice Partnership violated the terms, conditions or requirements of NPDES WW Permit No.NCO067342 and G.S. 143-215.1(a)(6)in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2),a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources,I,G.Landon Davidson, P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Eaven Brice Partnership: State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 $0.00 0 of the 1 violations of 143-215.1(a)(6)and Permit No.N00067342,by discharging waste water the waters of the State in violation of the Permit Daily Maximum for BOD- Conc. $200.00 1 of the 1 violations of 143-215.1(a)(6)and Permit No.NC0067342,by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for FCOLI BR. $200.00 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $316.62 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.I(b),which are: (1) The degree and extent of harm to the natural resources of the State;to the public health,or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty(30) days of receipt of this notice,you must do one of the following: . (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s)- Please submit payment to the attention of.- Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 .on 2: Submit a written request for remission or mitigation including a detailed justification for such ,quest: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted,and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status,directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore,it is very important that you prepare a complete and thorough statement in support of your request for remission. / In order to request remission you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing and Stimulation of Facts"form within thirty(30)days of receipt of this notice The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings If you wish to contest any statement in the attached assessment document you must file a petition for an administrativ. hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition wit the Office of Administrative Hearings within thirty(3 0)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 DEQ as follows: Mr. Sam M.Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center �• Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter)on the petition. Failure to exercise one of the options above within thirty(30)days of receipt of this letter, as evidenced by an internal date/time received stamp(not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at(828)296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G.Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office Enforcement File NPDES Compliance/Enforcement Unit-Enforcement File G:?LVft`4VQ`S3uncumbe\Ch'.tstewttterldinors tiutth View NUP G 342\1:G 20ih-0^Ioxtr JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2016-0210 County: Buncombe Assessed Party: Eaven Brice Partnership Permit No.: NCO067342 Amount Assessed: $316.62 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver o 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 toN.C.G.S.§ 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation,including copies of supporting documents, as to why the factor applies(attach additional pages as needed). _ (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF BUNCOMBE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Eaven Brice Partnership ) North View Mobile Home Park ) PERMIT NO.NCO067342 ) CASE NO. LV-2016-0210 Having been assessed civil penalties totaling$316.62 for violation(s)as set forth in the assessment document of the Division of Water Resources dated October 19,2016,the undersigned, desiring to seek remission of the civil penalty, does hereby waive-the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the notice of assessment. This the day of 20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Eaven Brice Partnership CASE NUMBER: LV-2016-0210 PERMIT: NCO067342 REGION: Asheville FACILITY: North View Mobile Home Park COUNTY: Buncombe LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 -Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 5/5/2016 5-2016 BOD, 5-Day(20 Deg. Weekly mg/I 45 46 2.2 Daily Maximum $0.00 C)-Concentration Exceeded 5/19/2016 5-2016 Coliform, Fecal MF, Weekly #/100ml 400 1200 200.0 Daily Maximum $200.00 MFC Broth,44.5 C Exceeded care � k MAN Certified Certified Mail#70151520 0003 5463 0141 Return Receipt Requested October 19,2016 Aubrey Lewis Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest,NC 28768-1407 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6) and NPDES WW Permit No.NCO089095 A&D Water Service Inc High Vista Falls WWTP Case No. LM-2016-0024 Henderson County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$566.62($450.00 civil penalty+ $116.62 enforcement costs)against A&D Water Service Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by A&D Water Service Inc for the month of June 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.NC0089095. The violations,which occurred in June 2016, are summarized in Attachment A to this letter. Based upon the above facts,I conclude as a matter of law that A&D Water Service Inc violated the terms, conditions or requirements of NPDES WW Permit No.NCO089095 and G.S. 143-215.1(a)(6)in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2),a civil penalty maybe assessed against any person who violates the terms,conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources,I, G.Landon Davidson, P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against A&D Water Service Inc: State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 $200.00 2 of the 3 violations of 143-215.1(a)(6)and Permit No.N00089095,by discharging waste water. the waters of the State in violation of the Permit Daily Maximum for BOD - Conc. $250.00 1 of the 1 violations of 143-215.1(a)(6)and Permit No.NC0089095, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for BOD-Conc. $0.00 for 0 of the 3 failures to properly monitor DO in violation of Permit No.NC0089095. $450,00 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $566.62 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty(30) days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 n 2: Submit a written request for remission or mitigation including a detailed justification for such t uest: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing and Stipulation of Facts"form within thirty(30)days of receipt of this notice The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrati� hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition w•L the Office of Administrative Hearings within thirty(30)days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. _The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions)-provided the signed original,one(1)copy and a filing fee(if a filing fee is required by NCGS §15013-23.2)is received in the Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)431-3000 Fax: (919)431-3100 One(1)copy of the petition must also be served on DEQ as follows: Mr. Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter)on the petition. Failure to exercise one of the options above within thirty(30)days of receipt of this letter, as evidenced by an internal date/time received stamp(not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at(828)296-4667 or via email at janet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office ATTACHMENTS Division of Water Resources,NCDEQ Cc: WQS Asheville Regional Office-Enforcement File NPDES Compliance/Enforcement Unit-Enforcement File i'1YVfZSLVQ•vNeuderc�sn;Yvastewsa;'t3.liiinrs`ali�h[vista JUSTIFICATION FOR REMISSION REQUEST -ase Number: LM-2016-0024 County: Henderson Assessed Party: A&D Water Service Inc/High Vista Falls WWTP Permit No.: NCO089095 Amount Assessed: $566.62 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant toN.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation,including copies of supporting documents, as to why the factor applies(attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); _ (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY' COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS A&D Water Service Inc ) High Vista Falls WWTP ) PERMIT NO.NCO089095 ) CASE NO. LM-2016-0024 Having been assessed civil penalties totaling$566.62 for violation(s)as set forth in the assessment document of the Division of Water Resources dated October 19,2016,the undersigned,desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the notice of assessment. This the day of 20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A A&D Water Service Inc CASE NUMBER: LM-2016-0024 PERMIT: NCO089095 REGION: Asheville FACILITY: High Vista Falls WWTP COUNTY: Henderson LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 -Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 6/2/2016 6-2016 BOD,5-Day(20 Deg. Weekly mg/I 15 48 220.0 Daily Maximum $100.00 C) Concentration Exceeded 6/9/2016 6-2016 BOD, 5-Day(20 Deg. Weekly mg/I 15 38 153.3 Daily Maximum $100.00 C)-Concentration Exceeded 6/30/2016 6-2016 BOD,5-Day(20 Deg. Weekly mg/I 15 17 13.3 Daily Maximum $0.00 C)-Concentration Exceeded 6/30/2016 6-2016 BOD, 5-Day(20 Deg. Weekly mg/I 10 23.70 136.6 Monthly $250.00 C)-Concentration Average Exceeded MONITORING VIOLATION(S) SAMPLE LOCATION: Outfall 001 -Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 6/11/2016 6-2016 Oxygen, Dissolved Weekly mg/I Frequency $0.00 (DO) Violation 6/18/2016 6-2016 Oxygen, Dissolved Weekly mg/I Frequency $0.00 (DO) Violation 6/25/2016 6-2016 Oxygen, Dissolved Weekly mg/I Frequency $0.00 (DO) Violation l?AR:l Certified Mail#7015 1520 0003 5463 0134 Return Receipt Requested October 19,2016 Thomas W Kilpatrick Etowah Sewer Company PO Box 1659 Etowah,NC 28729 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6) and NPDES WW Permit No.NCO071323 Etowah Sewer Company Etowah Sewer Company WWTP Case No. LV-2016-0211 Henderson County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$316.62($200.00 civil penalty+ $116.62 enforcement costs)against Etowah Sewer Company. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by Etowah Sewer Company for the month of May 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.NC0071323. The violations,which occurred in May 2016, are summarized in Attachment A to this letter. Based upon the above facts,I conclude as a matter of law that Etowah Sewer Company violated the terms, conditions or requirements of NPDES WW Permit No.NCO071323 and G.S. 143-215.1(a)(6)in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2),a civil penalty may be assessed against any person who violates the terms,conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources,I, G. Landon Davidson, P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Etowah Sewer Company: State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 $100.00 1 of the 1 violations of 143-215.1(a)(6)and Permit No.NC0071323,by discharging waste water i. the waters of the State in violation of the Permit Daily Maximum for BOD-Conc. $100.00 1 of the 1 violations of 143-215.1(a)(6)and Permit No.N00071323,by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for FCOLI'BR. $200.00 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $316.62 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty(30) days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of- Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 .on 2: Submit a written request for remission or mitigation including a detailed justification for such ,quest: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the.option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted,and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.I(b)was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations;or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status,directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore,it is very important that you prepare a complete and . thorough statement in support of your request for remission. In order to request remission you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty(30)days of receipt of this notice The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings If you wish to contest any statement in the attached assessment document you must file a petition for an administrativt hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition w& the Office of Administrative Hearings within thirty(30)days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5.00 p.m., except for official state holidays. The petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions) provided the signed original,one(1)copy and a filing fee(if a filing fee is required by NCGS §15013-23.2)is received in the Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearin s with all uestions re ardin the filin 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 DEQ as follows: Mr. Sam M.Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center - Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter)on the petition. Failure to exercise one of the options above within thirty(30)days of receipt of this letter, as evidenced by an internal date/time received stamp(not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at(828)296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office ATTACHMENTS Division of Water Resources,NCDEQ Cc: WQS Asheville Regional Office-Enforcement File NPDES Compliance/Enforcement Unit-Enforcement File Ci":wR`•.4bQ`yendersor.,lUaatzmater:A4ni,r:.EioGrah Sewer 7—",2.3`.t.V-'_>"tii tLl I.;tf JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2016-0211 County: Henderson Assessed Party: Etowah Sewer Company Permit No.: NC0071323 Amount Assessed: $316.62 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies(attach additional pages as needed). _ (a) one or more_of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were wrongfully applied to the detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Etowah Sewer Company ) Etowah Sewer Company WWTP ) PERMIT NO.NCO071323 ) CASE NO. LV-2016-0211 Having been assessed civil penalties totaling$316.62 for violation(s)as set forth in the assessment document of the Division of Water Resources dated October 19,2016,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the notice of assessment. This the day of 20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Etowah Sewer Company CASE NUMBER: LV-2016-0211 PERMIT: N00071323 REGION: Asheville FACILITY: Etowah Sewer Company WWTP COUNTY: Henderson LIMIT VIOLATION(S) SAMPLE LOCATION: Outfa11-001 -Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 5/24/2016 5-2016 BOD, 5-Day(20 Deg. Weekly mg/I 45 70 55.6 Daily Maximum $100.00 C)-Concentration Exceeded 5/19/2016 5-2016 Coliform, Fecal MF, Weekly #/100ml 400 600 50.0 Daily Maximum $100.00 MFC Broth,44.5 C Exceeded �� \: j �� - _._ ___ 1BILT3 D' 'i~ .,. t : 10 Certified Mail # 7015 1520 0003 5463 0158 Return Receipt Requested October 19, 2016 Brian Osteen Greystone Enterprises Inc PO Box 2059 Hendersonville, NC 28793-2059 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-MV-0117 Permit No. NCO068799 Greystone Subdivision WWTP Henderson County -ar Permittee: A review of the April 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Monitoring Violation(s): Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Chlorine,Total Residual (50060) 4/2/2016 2 X week Frequency Violation 001 Effluent Chlorine,Total Residual (50060) 4/9/2016 2 X week Frequency Violation 001 Effluent Chlorine,Total Residual (50060) 4/16/2016 2 X week Frequency Violation 001 Effluent Chlorine,Total Residual (50060) 4/23/2016 2 X week Frequency Violation 001 Effluent Chlorine,Total Residual (50060) 4/30/2016 2 X week Frequency Violation A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge _ Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. Please refer to the latest letter titled "Electronic Reporting Requirements"concerning registering to use the Division's new e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports DMRs Your facility will be required to report your Discharge Monitoring Reports electronically by December 21, 2016. For more information, please visit the eDMR Website at the following address: http://portal-ncdenr.oM/web/wq/admin/bog/ipu/edmr. -' If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File James &James Environmental/ ORC G:,WR`WQ\Henderson\Wastewater\Minors',Greystone Subdivision 65799\N0V-N01-2016-MV-0117.rtf PAT MCCRORY Governor DONALD R. VAN DER VAART Wl . Secretary WaterResQurces S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director October 19, 2016 DWR# 16-0005 Buncombe County Resource Institute, LLC John William Jamison Attn: Charles Anderson 176 Pete Luther Road 2714 Henning Dr. Candler, NC 28715 Winston-Salem, NC 27106 Velma A. Holcombe Brandon Holcombe c/o Betty H. Arnott 74 Pete Luther Road 104 Daniel Ridge Road Candler, NC 28115 Candler, NC 28715 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Wilson Stream Restoration Project Dear Mr. Anderson; Mr.Jamison; Mrs. Holcombe; and Mr. Holcombe: You have our approval for the impacts listed below for the purpose described in your application dated December 30, 2015, and received by the Division of Water Resources (Division) on January 4, 2016, with additional information provided on October 3, 2016 and October 19, 2016. This approval shall replace the approval letter dated February 2, 2016. These impacts are covered by the attached Water Quality General Certification Number 3885 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Number 27 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certifications) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are meta No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70 Swannanoa,North Carolina 28778 828 296 4500 Wilson Stream Restoration Project�\, DWR#16-0005 401 Approval Page 2 of 4 �. Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Streams Impact S1 2000 (linear feet) Impact S2 184 (linear feet) Impact S3 16 (linear feet) 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you.must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification(s) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. The designer or his designee shall supervise the installation of in-stream structures. [15A NCAC 02H .0506(b)(2)] 4. Stream bed habitat material, such as cobble and gravel, should be harvested from abandoned channels and relocated to new channels to the maximum extent practicable. [15A NCAC 02H .0506(b)(2)] 5. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly after storm events) and vegetation is successful. Any failures of structures, streambanks, or vegetation may require future repairs or replacement,which requires coordination with the Asheville Regional Office to ensure the stability and water quality of the stream and downstream waters. [15A NCAC 02H .0506(b)(2) and (b)(3)] 6. The permittee shall ensure that mature trees within the buffer areas will be protected as much as feasible during the construction of this project. [15A NCAC 02H .0506(b)(2)] 7. Native vegetation shall be used throughout this project. All tree and shrub plantings within the proposed planting buffer on both sides of the stream shall be protected from mowing or clearing. [15A NCAC 02H .0506(b)(2)] 8. Water shall not be released into any new channels until the stream and banks are stabilized. [15A NCAC 02H .0506(b)(3)] Wilson Stream Restoration Project DWR#16-0005 401 Approval Page 3 of 4 9. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbodyor wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)] 10. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Asheville Regional Office at 828.296.4500 and after hours and on weekends call (800)858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A] 11.The proposed project must comply with the recommendations stated in the North Carolina Wildlife Resources Commission (NCWRC) comment letter dated January 29, 2016. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty(60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919)431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, Fed Ex, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 Wilson Stream Restoration Project'. DWR#16-0005 401 Approval Page 4 of 4 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Zan Price at 828-296-4662 or zan.price@ncdenr.gov if you have any questions or concerns. Sincerely, �a Zan Price, P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3885 Certificate of Completion cc: Jacob McLean—Wildlands Engineering, Inc (via email) Adam Wilson—Current Lessee (via email) William Elliot—USACE Asheville Regulatory Field Office (via email) Andrea Leslie— NCWRC (via email) Doug Sharpe— Buncombe County Erosion Control (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit G:\WR\WQ\Buncombe\401s\Non-DOT\Wilson Stream Restoration\Modification\APRVL.WiIson Stream Restoration modified.docx PAT MCCRORY Ia. Governor DONALD R. VAN DER VAART Secretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL-QUALITY - Director October 19, 2016 James Kanti 83 Parker Cove Road Waynesville,NC 28787 RE: Sample ID: AC 31888 and AC31935 Sample Location Address:83 Parker Cove Road Buncombe County Dear Mr.Kanti, Please find attached the analytical results for water samples collected from your water supply well, at the address referenced above, on August 22,2016.Samples were collected in response to complaints from residents along Parker Cove Road concerning changes to groundwater quality as a result of high explosive detonations and subsequent ground vibrations at the nearby Maple Trace development.Your drinking water was analyzed for fecal coliform bacteria,total coliform bacteria, chloride,sulfate,and various metals. The following table summarizes the attached analytical results (AC31935) for the wellhead.Please note that the bolded values indicate levels above the NC Groundwater Standard, 15A NCAC 02L .0202.The results are shown in units of micrograms per liter of water (ug/1) and are approximately equivalent to parts per billion(ppb). USEPA Maximum NC Groundwater Concentration Detected Analytes Contaminate Level Standard in Your Drinking Water Concentration Units Concentration Units Concentration Units Barium 2,000 ppb 700 ppb 18 ppb Calcium 27,.000 ppb Chloride 250,000 ppb 32,000 ppb Copper 1,300 ppb 1,000 ppb 2.4 ppb Iron 300 ppb 660 ppb Magnesium 6,100 ppb Manganese_ 50 ppb 63 ppb Potassium 4,600 ppb Sodium 14,000 ppb. Strontium 180 ppb Sulfate 250,000 ppb 14,000 ppb The following table summarizes the attached coliform bacteria results (AC31888)for the well head. The results are shown in colony forming units per 100 milliliters of water or CFU/100 ml. i' State of North Carolina j Environmental Quality I Water Resources 2090 U.S.Hwy.70,Swannanoa,North Carolina 28778 828-296-4500 James Kanti October 19,2016 Page 2 of 2 NC Groundwater Standard Concentration Detected in Your Analytes Drinking Water Concentration Units Concentration Units Total coliform bacteria 1 CFU 100 ml Not detected CFU 100 ml Fecal coliform bacteria 1 CFU 100 ml Not detected CFU 100 ml Coliform bacteria were not present in your drinking water at this time.Iron and manganese are present at concentrations that exceed the applicable groundwater standards.Chloride,sulfate,and additional metals are also present but their concentrations do not exceed the applicable groundwater standards.It is important to note that many of these inorganic constituents are fairly common for groundwater quality in western North Carolina. Because there are constituents present in your drinking water,a Health Risk Evaluation (HRE)was performed by North Carolina Department of Health and Human Services toxicologist, Kennedy Holt. The HRE,which is enclosed,makes specific recommendations for use of your water based on these results. A total of seven water supply wells along Parker Cove Road were inspected and sampled in August 2016. Most of the residents I spoke with complained of excess sediment in the drinking water shortly after the high explosive detonations in June 2016.Sediment buildup at some water supply wells was so severe that it required the well pump to be raised.There is no evidence at this time that the use of high explosives has resulted in any lasting changes to the quality of groundwater surrounding Parker Cove Road. I have taken the liberty of including a fact sheet on iron and manganese in drinking water for your review. If you have questions concerning the Health Risk Evaluation,please contact Kennedy Holt at (919) 707-5910.If you have any additional questions or concerns,please contact me at(828) 296- 4681 or brett.laverty@ncdenr.gov. Sincerely, Brett L verty Water ali egional Operations Asheville Regional Office Attachment: Health Risk Evaluations by Kennedy Holt DWR laboratory analytical results Iron and manganese in household water fact sheet cc: ARO file .= Buncombe County Health Department w/attachments North Carolina Division of Water Resources Water Sciences Section Laboratory Results James Kanti 83 PARKER COVE RD,WEAVERVILLENC Sample ID: AC31888 BUNCOMBE Collector: B LAVERTY VisitlD PO Number# ARO ARO Report To ARO Location ID: IC1183PARKER Date Received: 08/22/2016 ,sin Collect Date: 08/22/2016 Priority ROUTINE Time Received: 16_00 ;,lcy Collect Time: 11_40 Sample Matrix: GROUNDWATER Labworks LoginlD KJIMISON2 JC Yes/No Sample Depth Loc.Type: WaterSuo"I Delivery Method Hand delivered Final Report Date: 9/23/16 Report Print Date: 10/04/2016 Final Report if this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. Result/ Units Method Analysis CAS# Analvte Name PQL Qualifier Reference Date Validated by ARO Coliform, MF Fecal in liquid 1 1 B2 CFU/100ml APHA9222D-20th 8119/16 ESTAFFORDI _ Coliform,MF Total in liquid 1 1 B2 CFU/100mi APHA92226-20th 8/22/16 ESTAFFORD1 Sample temperature at receipt by lab 3.9 °C 8/22/16 RBYRD - WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 1 of 1 ��\ �_ \i North Carolina Division of Water Resources Water Sciences Section Laboratory Results times Kanti-83 PARKER COVE RD,WEAVERVILLE.NC Sample ID: AC31935 BUNCOMBE Collector: B LAVERTY VisitlD PO Number# AR O Report To ARO Location ID: 1C1183PARKER Date Received: 08/24/2016 Collect Date: 08/22/2016 Priority ROUTINE Time Received: 08_35 ;y Collect Time: 11_40 Sample Matrix: GROUNDWATER Labworks LoginlD MSWIFT Yes/No Sample Depth Loa Type: Water Supply Delivery Method NC Courier Final Report Date: 9/28116 Report Print Date: 1 0/0412 01 6 Final Report If this report is labeled preliminary report, the results have not been validated. Do not use for Regulatory purposes. Result/ Units Method Analysis CAS# Analyte Name PQL Qualifier Reference Date Validated by LAB Sample temperature at receipt by lab 0.7 °C 8/24116 MSWIFT WET Bromide 0.4 0.4 U mg/L EPA 300.0 rev2.1 8/24/16 CGREEN Chloride 1.0 32 mg/L EPA 300.0 rev2.1 8/24/16 CGREEN Fluoride 0.4 0.4 U mg/L EPA 300.0 rev2.1 8/24/16 CGREEN Sulfate 2.0 14 mg/L EPA 300.0 rev2.1 8/24/16 CGREEN MET 440-22-4 Ag by ICPMS 1.0 1.0 U ug/L EPA200.8 Rev5.4 9/12/16 ESTAFFORD1 129-90-5 Al by ICP 50 50 U ug/L EPA200.7 Rev4.4 918/16 ESTAFFORD1 440-38-2 As by ICPMS 2.0 2.0 U ug/L EPA200.8 Rev5.4 9/6/16 ESTAFFORD1 440-38-3 Ba by ICP 10 18 ug/L EPA200.7 Rev4.4 9/8l16 ESTAFFORD1 440 fi? mg/L EPA Rev4.4 9/8/16 ESTAFFORD1 Ca by ICP 0.10 27 440 8 Cd by ICPMS 0.50 0.50 U ug/L EPA200.8 Rev5.4 9/6/16 ESTAFFORD1 ug/L EPA Rev4.4 9!8/16 ESTAFFORDI 440-48-4 Cobalt by ICP 50 50 U . ug/L EPA Rev5.4 9/6/18 ESTAFFORD1 440-47-3 Cr by ICPMS 5.0 5.0 U,J2 - u9/L EPA Rev5.4 9/6I16 ESTAFFORD1 440-50-8 Cu by ICPMS 2.0 2.4 J2 u9/L EPA200.7 Rev4.4 9!8l16 ESTAFFORD1 439-89-ti Fe by ICP 50 660 020 U u9/L EPA245.1 Rev3 9/13/16 ESTAFFORD1 439-97-6 Hg 245.1 0.2 - 0..2 .20 mg/L EPA200.7 Rev4.4 9/8/16 ESTAFFORD1 440-09-7 K by ICP - 0.10 6.1 mglL EPA200.7 Rev4.4 9/8/16 ESTAFFORD1 439-95-4 Mg by ICP 439-96-5 Mn by ICP 10 63 u9/L EPA200.7 Rev4.4 9!8/18 ESTAFFORD1 439-98-7 Mo by ICPMS 10 10 U ug/L EPA200.8 Rev5.4 9/6l16 ESTAFFORD1 '440-23-5 Na by ICP 0.10 14 mg/L EPA200.7 Rev4.4 9/8/16 ESTAFFORD1 '440-02-0 Ni by ICPMS 2.0 2.0 U,J2 ug/L EPA200.8 Rev5.4 9/6/16 ESTAFFORD1 '439-92-1 Pb by ICPMS 2.0 2.0 U ug/L EPA200.8 Rev5.4 9/6/16 ESTAFFORD1 1782-49-2 Se by ICPMS 1.0 1.0 U ug/L EPA200.8 Rev5.4 9/6/16 ESTAFFORD1_ 1440-24-6 Sr by ICPMS 10 180 ug/L EPA200.8 Rev5.4 9/6116 ESTAFFORD1 r440-66-6 Zn by ICPMS 10 10 U ug/L EPA200.8 Rev5.4 9/6/16 ESTAFFORD1 WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 1 of 3 NC DWG,La6oratory Section Wsulis/Sampfe Comments/QuaCfier Definitions Sample ID: AC31935 CAS# Analyte Name PQL Result/ Method Analysis Qualifier Units Reference Date Validates. Sample Comments MET:Cr,Cu,&Ni-J2-estimated-internal standard>125%(132.8%) \ NCDEQ-WSS-Chemistry Lab Data Qualifiers Al The reported value is an average,where at least one result is qualified with a"U".The PQL is used for the qualified result(S)to call B1 Coliform-Countable membranes with less than 20 colonies. Reported value is estimated or is a total of the counts on all filters repor B2 Coliform-Counts from all filters were zero.The value reported is based on the number of colonies per 100 ml that would have been B3 Coliform-Countable membranes with more than 60 or 80 colonies.The value reported is calculated using the count from the smaller B4 Coliform-Filters have counts of both>60 or 80 and<20. Reported value is estimated or is a total of the counts on all filters reported B5 Coliform-Too many colonies were present;too numerous to count(TNTC).TNTC is generally defined as>150 colonies. B6 Coliform-Estimated Value. Blank contamination evident. B7 Coliform-Many non-coliform or non-enterococcus colonies or interfering non-coliform or non-enterococcus growth present. In this cc - BB1 MPN-No wells or tubes gave a positive reaction.Value based upon the appropriate MPN Index and reported as a less than"<"valu' BB2 MPN-All wells or tubes gave positive reactions.Value based upon the MPN Index and reported as a greater than">"value. C Total residual chlorine was present in sample upon receipt in the laboratory;value is estimated. G1 BOD-The dissolved oxygen (DO)depletion of the dilution water blank exceeded 0.2 mg/L. G2 BOD-The bacterial seed controls did not meet the requirement of a DO depletion of at least 2.0 mg/L and/or a DO residual of at lea: G3 BOD-No sample dilution met the requirement of a DO depletion of at least 2.0 mg/L and/or a DO residual of at least 1.0 mg/L. G4 BOD-Evidence of toxicity.This is generally characterized by a significant increase in the BOD value as the sample concentration de G5 BOD-The glucose/glutamic acid standard exceeded the range of 198 t 30.5 mg/L. G6 BOD-The calculated seed correction exceeded the range of 0.6 to 1.0 mg/L. G7 BOD-Less than 1 mg/L DO remained for all dilutions seta The reported value is an estimated greater than value and is calculated foi G8 BOD-Oxygen usage is less than 2 mg/L for all dilutions set.The reported value is an estimated less than value and is calculated for G9 BOD-The DO depletion of the dilution water blank produced a negative value. 11 Surrogate recovery limits have been exceeded. J2 The reported value failed to meet the established quality control criteria for either precision or accuracy. J3 The sample matrix interfered with the ability to make any accurate determination. J4 The data is questionable because of improper laboratory or field protocols(e.g., composite sample was collected instead of grab, p J5 Temperature limits exceeded(samples frozen or>6°C)during transport or not verifiable(e.g., no temperature blank provided): non- J6 The laboratory analysis was from an unpreserved or improperly chemically preserved sample.The data may not be accurate. J7 This qualifier is used to identify analyte concentration exceeding the upper calibration range of the analytical instrument/method.Th J8 Temperature limits exceeded(samples frozen or>6°C)during storage,the data may not be accurate. J9 The reported value is determined by a one-point estimation rather than against a regression equation.The estimated concentration J10 Unidentified peak; estimated value. J11 The reported value is determined by a one-point estimation rather than against a regression equation.The estimated concentration J12 The calibration verification did not meet the calibration acceptance criterion for field parameters. M Sample and duplicate results are'but of control'.The sample is non-homogenous(e.g.,VOA soil).The reported value is the lower, N1 Presumptive evidence and estimated value.The component has been tentatively identified base on mass spectral library. N2 There is an indication that the analyte is present, but quality control requirements for confirmation were not met(i.e., presence of E N3 This code shall be used if the level is too low to permit accurate quantification, but the estimated concentration is less than the labo N4 This code shall be used if the level is too low to permit accurate quantification, but the estimated concentration is less than the labo N5 The component has been tentatively identified based on a retention time standard. Q1 Holding time exceeded prior to receipt by lab. WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 2 of 3 NC D`W2.Ga6oratory Section 1ssufts/Sampfz Comments/QuaC er(Definitions Sample ID: AC31935 Analyte Name PQL Result/ Method Analysis Qualifier Units Reference Date Validated by Holding time exceeded following receipt by lab. Elevated PQL*due to matrix interference and/or sample dilution. Not enough sample provided to prepare and/or analyze a method-required matrix spike(MS)and/or matrix spike duplicate(MSD). L) Indicates that the analyte was analyzed for but not detected above the reported practical quantitation limit*.The number value repo X1 Sample not screened for this compound. X2 Sampled, but analysis lost or not performed-field error. X3 Sampled, but analysis lost or not performed-lab error, V Indicates the analyte was detected in both the sample and the associated method blank. Note:The value in the blank shall not be s Y Elevated PQL*due to insufficient sample size. Z1 Inability to analyze the sample. Z2 Questions concerning data reliability. WSS Chemistry Laboratory»1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 3 of 3 0 4 ! 0 t p ri at Well Information. a afl ew€ and Use Recommendations ,rf hea th and.. For Inorganic Chemical Contaminants County; n � ... �: Name: c. s Sample ID#: ' L t Reviewer K,,M{-{ _ TEST RESULTS AND USE RECOMMENDATIONS l.[ Your wel I water meets federal drinking water standards for inorganic chenticals. Your water can be used for drinking,cooking,washing,cleaning,bathing,and showering based on th-..,1norg#nk Chemical results ant ,You may have Other water sampling results that are not taken into account in this report. ❑ 'lire following sul3str„t ( )exce dcd federal drinking eater standards er the North Carolipa 2L calculated h*alth levels.The North Carolina f)ivision of Public Health recommends that your:well water not be used for drinking and cooking,'tinless you in, a wester treatment system to remove the circled substances).elcwever, it may be used for washing,cleaning,bathing and:showering based on the luor herxicat results vnly, '~ rsertic Barium Caekin4um Chromium FluorideIronv 1 ^�Ve �y1an anew Menu NrtrxtelNrtrrte �iel;*4 Silver Ma nesiunt Zinc H _ _ _ _ . 3.❑a.Sodium levels'exceed the.U.S. Environmental Protection Agency's(USETA)Health Advisory level for sodium of 20 mg/l. TheL North Carolina Division of public Health recommenda`that.only individuals on no or low sodium restricted diets not use this water for drinking or cooking. It may he used for washing,cleaning, bathing,and showering based on the 41,1&cic clre ttic l ra..,sutts nn1 ❑ b, i..�;vels over 3 'rn&'1 rrsay pose aesthetic prol<lents s4rwh as bad taste,odor,staining of porcelain,etc, 4. ❑ ire-sampling ix recorninefided 5. ❑ Re-sample for lead axed for copper. Take a firstdraw,,$ minute,and 15 minute sample inside the house(preferably the kitchen)and if possible a first draw,5 minute and a 15 minute sample at the well head to determine the source of the lead and/or copper: 6. The following substances)exceeded federal drinking water Lstandards. Your water can be used for drinking, cooking,washing,cleaning,bathing,and showering based on the inorganicrrlreiealresults nrtltj,'but aesthetic problems such as bad taste,odor,staining of porcelain,etc.may occur; You may want to install a household water treatment system to'address aesthetic problems. Bariem Cadmium Chromium Fluoride iron Ma lesium antatse SeleniumSilver H Zinc .._ . Fair tiro re ittforthadort regartling.;yoar well water results,please ca11 the NortIt arrtlittrt Divistatt of pt,bllc 11en'Itlr at 919-707 59#0, �\ `\ �`•. ��J ��i' t: 4 R 0 t:, Well. Water Biological Adialysis Results & Recommendations, COU0ty.• Mca Name. "% n�-f' (,3t4 y l�'rrtii�'cr Ccxre tz� Sample II}#. /1 Location, Review Date:"" "" Reviewer; Initial Sample tll' Confirmatory Sample ❑(2) Local Health Department Telephone: Cal tra Cal form bacteria were found in your wkil waterk �attr Sl'.dter full i3�#r..ed for'^il lrttl'ppsts!lititidntg±riP,'{itd��'•coming,Rill lit"Ig'Cif'frrdl7 i�,ttntltl)lQ�,rrtfl�Sl ioi{7C!"lit 1 1 Total cot'rform bacteria were detected to the sample which indicates that harmtul bacteria from human or animal waste. could enter the well. usc*the fuatc`#fol`tt;in 00 pot fihtg nr caokirt,�unless il'hns Meet::IJoile":f for 3 rlri#rates. ?col:r;lrr�Ilse r�urlr t urter v#rt1 otltr k ptj?-posv$.jj:jcjjjdjjrg.washing dishes,bathing or shotwring, I51 Your well water needs to be re-sampled to verity that the test result is accurate or a problern has been resolved. ill Fecal coldorm bacteria were detected in the sample, t)Jrt?:-frsa fit:'taarr�e� rr�r,rt:tlt�;. 'f�l�C Fib, ttrSlEitii�f�,5t4:..%=4`!ttlj,DTa1,„">..".!#t�, Your well toate)•was tested farlltological'coiltollNnRnls ftatal coltfortn andfecm colllil!'ut llncterial.,The were evalttated using feden7l drini:hlg water standards, If the re-sallipling show contr#rllii#ntioll ky coliforlll ltaetet ta,.contact your local health deliartiticitifir astii+tarice. There nmlf Derr ploltlenr tvldt the a.allsernettc+ll-'.Ut:lle it;t'tl,4k'4(tew rdwalei s rrrcv,or lt, rh itml Bf llit ZVOI• Tlte'i:eli aced r'l!! I!.'_�I.'e_i{x"f by tl:f!aC?il lfln'tlr.'t!`ltltr trlre'Ftt or P l��,fl+.t't.'iI controctar to delermiire the problem toitil the well and to gilt.gar"dance()It hour to cn•recl the prchlettt. Tatra colifornl Imcteria are fotind ill soil alld feat!coliforrn becterin any found ill rttinatl arldlttttnanaoaste. Ti7tal coliforttt or fecal colrfarlrt bacteria in well water may itrdliertir tlrrit the well rrry ltatj st!trctrri-at problems or that Ole well tt"as lust praperttt disiglecicd. if yoll lta;)e Iteen drinking rue=tt timtcrmrrlare pregnant,nttrsilrrg,have,a child lit the ltouseltold under 5 year.;of age or iltuurt#tocontprom sed fsrtchas rrli indtvtdtad Foidi Fi1145,xa£lcei,lrLptt Ws'e$ri lk,of Srlrgiilli`Procedures)info#.n ymtr flealllr Rt yrrtr .ft_a-1i;rit. tf the contaminatioll ctottthlties,.you Should int-:trgfite Me'poss ibillty r? entry dkillfection nllit which cart Ilse chlorine,rlittaviolet light,or azoite. ;.AtiFtt eoeth:i>ate!'sorlfllhttg t+`reconya'lided every year!#7r llaclella alid nitrates. Sample your tlyll Folten there rs a knoton problem or contalmantion it, your area,after tepair,4,repiaeenll"nt of your ivell,or after a flooding rrrc+ld, Fell further=iufarntativtl,cotttaci tterar local lWalllidcyar"ment. Well Safety Revised December 2011' trt#p,Ffep#:{ltltr{iclFealtil.Ire.qov,`o:i.'Izsfoc;3slicet.#rtrnf.` North Carolina Cooperative Extension Service Wast+t r Quality e Management. Iron and Manganese in Household Water Prepared by: Glenda M.Herman,Extension Housing Specialist Published by:North Carolina Cooperative Extension Service Publication Number: HE-394 Last Electronic Revision:March 1996(JWM) -,,Iron and manganese are minerals found in drinking water supplies.These minerals will not harm you,but they may cause reddish-brown or black stains on clothes or household fixtures.Under guidelines for public water supplies set by the Environmental Protection Agency(EPA),iron and mangenese are considered secondary contaminants. Secondary standards apply to substances in water that cause offensive taste,odor,color,corrosion,foaming,or staining but have no direct affect on health.The standard Secondary Maximum Contaminant Level(SMCL)for iron is 0.3 milligrams per liter(mg/L or ppm)and 0.05 mg/L for manganese.Private water supplies are not subject to federal standards,but these standards can be used as guidelines to evaluate the quality of water from wells or springs. The four forms of iron and manganese commonly found in drinking water are ferrous,ferric,organic and iron bacteria. Normally,water appears clear when first drawn from the cold water faucet. If yours is not, it may contain ferric iron or organic iron.Both color the water.Ferric iron precipitates or settles out.Organic iron does not settle out.In well water, insoluble iron oxide is converted to a soluble form of ferrous(dissolved)iron.Ferrous iron is colorless,but when in contact with air,it oxidizes readily,creating reddish-brown,solid particles that then settle out as ferric oxide. Manganese is similar to iron but forms a brownish-black precipitate and stains.Manganese is less commonly found in groundwater than iron,rarely found alone in a water source,and generally found with dissolved iron. Health Considerations The presence of iron and manganese in water is not considered health problem.In fact,small concentrations are essential to human health.However,high concentrations of iron may give the water an unpleasant metallic taste while still being safe to drink.When iron combines with tea,coffee,and alcoholic beverages, it produces an unappetizing inky,black appearance and a harsh, offensive taste.Vegetables cooked in iron-contaminated water turn dark and look unappetizing. Iron bacteria(a harmless bacteria),occur in soil,groundwater,and some surface waters. Iron bacteria are considred harmless to health,how-ever,they may give water an off taste or color,cause splotchy yellow stains on laundry,and ',clog water systems.Iron bacteria usually appear as stringy,slimy,mucous-like substances sus-pended in fresh water >'and may be colored brown,red,or white.They thrive on iron in the sink or metal parts of the water system and are most easily seen on the inside surface of the toilet tank. http://www.bae.ncsu.edu/programs/extension/publicat/wgwnVhe394,htmi 12/30/2008 Testing A water analysis should be done to determine the source of the iron and manganese.Iron and manganese may be present in the water supply or be caused by corroding pipes(iron or steel).Iron from pipe corrosion indicates low pH that may need to be corrected. A water treatment equipment company or testing laboratory can test water for dissolved or oxidized iron or manganese. Call the North Carolina Cooperative Extension Service center in your county or the public health of fice for names of laboratories that perform tests for colloidal or organic-complexed iron and manganese. Ask the testing laboratory how to collect a water sample for an iron and manganese test. Generally,you should take the sample from the faucet closest to the pump.Allow the water to run for 5-10 minutes before sampling to obtain fresh water that has not been exposed to air.Do not sample water that has gone through a water heater or a water treatment unit such as a softener.If the water is clear when first drawn,but red or black particles appear after the water settles, dissolved iron and manganese are present.If the water has a red tint but no particles settle out after a time, colloidal iron is the cause.Reddish brown or black brown slimy masses inside the toilet tank indicate iron or manganese bacteria. Laboratory tests are recommended in all cases to determine iron and manganese concentrations. Treatment Iron and manganese treatment should be based on a chemical analysis of the water show-ing the type and concentration present.There are five treatment methods for the removal of iron and manganese from home water systems. WATER SOFTENER(CATION EXCHANGE) A water softener can remove small amounts of ferrous iron and manganese.Iron and manganese in untreated water are flushed from the softener medium(ion exchange)by backwashing(forcing sodium-rich water back through the unit). This process adds sodium to the resin medium,and iron and manganese are carried away in waste water. The amount of iron and manganese a softener can remove depends on the water properties,the types of regeneration and backwash controls,and the ion exchange resin or zeolite used.You must maintain a clean resin bed by frequent and thorough backwashing and regeneration.Manufacturer literature should be carefully studied and system set-up and operation instructions followed. Caution: Water softeners treat hard water by adding sodium to the water,a health concern for people on sodium-restricted diets.for this reason,you may want to connect a softener only to the hot water line leaving cold,unsoftened water for cooking and drinking.In iron and manganese removal,the softener must treat both hot and cold water since sinks,laundry,and dishwashing equipment are affected.A separate tap can be installed to provide unsoftened water for cooking and drinking. AERATION Dissolved iron and manganese are easily oxidized to a solid form by mixing with air.A pressure aerator mixes air with the water,the air is vented,and then the solid particles are filtered from the water. This method adds no chemicals to the water and is most effective in warm climates. The filter must be backwashed frequently to properly maintain the system.To protect the water from contamination by bacteria in the air,the system should be totally enclosed and only biologically safe water should be used.The appropriate pumping capacity must be maintained for adequate air intake. OXIDIZING (CATALYST)FILTER When the total combined iron and manganese concentration is less than 15 mg/l,an oxidizing filter(natural managanese greensand,manufactured silica gel zeolite coated with manganese dioxide,plastic resin beads,or pumicite),is recommended.Some filters are coated with a manganese oxide and are regenerated by using a potassium permanganate solution.An oxidizing filter supplies oxygen to convert ferrous iron into a solid form which can be filtered out of the water. http://www.bae.ncsu.edu/programs/extension/publicat/wgwm/he394,html 12/30/2008 ,dent backwashing and stirring of a manganese greensand bed helps prevent an iron-fouled bed.After several weeks use,the greensand filter should be backwashed with potassium permanganate to remove solid particles and regenerate(recoat)the greensand to allow absorbation of more dissolved minerals. Synthetic filters,such as zeolite, requires less backwash water and softens the water as it removes the iron and manganese, CHLORINATION AND FILTRATION When the iron and manganese content of the water is extremely high(above 10 ppm),a combination of chemical treatment and filtration is necessary. Small chemical pumps are used to add chlorine bleach,potassium permanganate, or hydrogen peroxide into the water.After a retention time of at least 20 minutes to allow for oxidation of ferrous iron into the insoluble ferric form,the solid particles are filtered out. When chlorine is used,the treated water can have an unpleasant taste if a particle filter of calcite,sand,anthrocite,or aluminum silicate is used.Use an activated carbon filter to remove both excess chlorine and solid iron and manganese particles.Backwash frequently.Some units have an automatic backwash cycle. OTHER TREATMENTS Complexation is a simple and low cost method for removing iron and manganese up to 3 mg/L.A phosphate compound is added to the water to complex(tie up)the dissolved iron or manganese.However,adding phosphates to water supplies is not allowed by law in North Carolina. If organic-complexed or colloidal iron/manganese is present in the untreated water,a longer contact time and higher levels of chemical are necessary for the oxidation reaction to take place. Aluminum sulfate(alum)eases filtration by causing larger iron/manganese particles to form. A multistage treatment operation may be necessary if your water has high levels of iron and manganese and they are in both the dissolved and solid forms.For example,the water could first be aerated,than chlorinated to oxidize residual iron and kill iron bacteria,and then filtered through a mechanical device to remove particles.This can be followed by activated carbon filtration to remove excess chlorine and a water-softener for hardness control as well as removal of any residual dissolved iron and manganese. Summary of Treatment Options for Iron and Manganese Symptom Cause Treatment Water clear when drawn, Dissolved iron or Water softener (less than 5 mg/L of reddish-brown or black particles manganese. iron) appear as water stands; reddish- Aeration (less than 25 mg/L of iron) . brown or black stains On fixtures Oxidation/Filtration (less than 15 or laundry. mg/L of iron plus manganese) . Chlorination-Filtration (greater than 10 mg/L of iron) . Water contains reddish-brown Iron particles from Raise pH with neutralizing filter that particles when drawn; particles corrosion of pipes also filters particles. settle out as water stands. and equipment. Water contains reddish-brown Oxidized iron, Particle filter (if quantity of oxidized or black particles when drawn manganese, or both material is high, use larger filter than particles settle out as water due to exposure of in line, e.g. sand filter) . stands. water to air prior to tap. Reddish-brown or black slime Iron bacteria. Kill bacteria masses by shock treat- appears in toilet tank or from Manganese bacteria. ment with chlorine or potassium faucet. permanganate, then filter; may re- quire continuous feed of chlorine or potassium permanganate, then filter. h4://www.bae.ncsu.edu/programs/extension/publicat/wgwm/he394.html 12/30/2008 Reddish or black color that Colloidal iron, Chemical oxidation with chlorine or remains after 24 hours. manganese, or both. potassium permanganate. Organic-complexed iron, manganese, or both. Summary Iron and manganese are common household water contaminants with no known direct health effects at levels found in water.Their presence may cause staining and offensive tastes and odors.Treatment of these secondary contaminants de pends on the form in which they occur,and the levels of concentration.Iron and manganese removal,bacteria control,water softening and treatment for any other contamination may be separate problems, yet they must be considered together.Accurate testing is important prior to selection of a treatment system.The table on page 3 may help you identify and determine treatment(s)for iron and manganese in household water supplies. References Kolega,John J. Water Conditioning and Treatment oflron and Manganese. Fact Sheet 9.University of Connecticut Cooperative Extension Service. 1989. Machmeier,Roger E.Iron in Drinking Water. University of Minrkesota Agricultural Extension Serivice. 1971. Plowman,Faye T.Iron and Manganese.Fact Sheet 5, University of New Hampshire Cooperative Extension Service.1989. Wagnet,Linda and Ann Lemley.Iron and Manganese in Household Water.Fact Sheet 6.Cornell Cooperative Extension. 1989. Distributed in furtherance of the Acts of Congress of May 8 and June 30,1914.Employment and program opportunities are offered to all people regardless of race,color,national origin,sex,age,or disability.North Carolina State University,North Carolina A&T State University,U.S.Department of Agriculture,and local governments cooperating. HE-394 ==�Back one Return to WQWM Home Page h4://www.bae.ncsu.edu/programs/extension/publicat/wgwm/he394.htm1 12/30/2008 Certified Mail # 7015 1520 0003 5463 0165 Return ReceiRt Requested October 19, 2016 George S Schmitt Mark Laurel Homeowner's Association PO Box 375 Highlands, NC 28741 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-MV-0118 Permit No. NCO061930 Mark Laurel WWTP Macon County Dear Permittee: A review of the April 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Monitoring Violation(s): Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Oxygen, Dissolved (DO) (00300) 4/9/2016 Weekly Frequency Violation 001 Effluent Oxygen, Dissolved (DO) (00300) 4/16/2016 Weekly Frequency Violation 001 Effluent Oxygen, Dissolved (DO) (00300) 4/23/2016 Weekly Frequency Violation 001 Effluent Oxygen, Dissolved (DO) (00300) 4/30/2016 Weekly Frequency Violation Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 Please refer to the latest letter titled "Electronic Reporting Requirements"dated March 31 2016 concerning reaisterind to use the Division's new e-DMR system for the completion and electronic submittal of monthly, Discharge Monitoring Reports (DMRs). Your facility will be required to report your Discharge Monitoring Reports electronically by December 21 2016 For more information, please visit the eDMR Website at the following address: http://portal.ncdenr.org/web/wq/admin/bog/`ipu/`edmr. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Environmental Inc./ ORC G:\WR\WQ\Macon\LVastevdater\Minors\Mark Laurel 61930\NOV-2016-MV-0118.rtt I �TJ Certified Mail # 7015 1520 0003 5463 0202 Return Receipt Requested October 20, 2016 Mountain View Assisted Living Mizpah Healthcare Inc 260 Center Way Drive Hendersonville, NC 28792 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LV-0579 Permit No. NCO074110 Mountain View Assisted Living WWTP Henderson County Dear Permittee: A review of the July 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD, 5-Day(20 Deg. C) - 7/14/2016 7.5 11.2 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day (20 Deg. C) - 7/21/2016 7.5 11.9 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day (20 Deg. C) 7/31/2016 5 7.91 Monthly Average Exceeded Concentration (C0310) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 1,41,7215.1. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the.submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division'of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. Please refer to the latest letter titled "Electronic Reporting Requirements"dated March 31 2016 concerning_ registering to use the Division's new a-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRsl Your facility will be required to report your Discharge Monitoring Reports electronically by December 21, 2016 For more information, please visit the eDMR Website at the following address: http://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File James &James Environmental/ ORC G:\WR\WQ\Henderson\Wasteavater\Minors\Mountain View Assisted Living 74110\N0V-N0I-20.16-LV-0579.rtf D`4EAT Certified Mail # 7015 1520 0003 5463 0189 Return Receipt Requested October 20, 2016 Henderson's Assisted Living Mizpah Healthcare Inc 74 Lotus Lane Hendersonville, NC 28792 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LV-0577 Permit No. NCO071897 Henderson's Assisted Living WWTP Henderson County L ar Permittee: A review of the July 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD, 5-Day(20 Deg. C) - 7/7/2016 7.5 8.43 Daily Maximum Exceeded Concentration (C0310) 001 Effluent Nitrogen, Ammonia Total (as 7/7/2016 10 13 Daily Maximum Exceeded N) - Concentration (C0610) 001 Effluent BOD, 5-Day(20 Deg. C) - 7/28/2016 7.5 13 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day(20 Deg. C) - 7/31/2016 5 5.36 Monthly Average Exceeded Concentration (C0310) 001 Effluent Nitrogen, Ammonia Total (as 7/31/2016 2 9.32 Monthly Average Exceeded N) - Concentration (C0610) State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina G6 Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not\ more than twenty-five thousand dollars,($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten 10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. Please refer to the latest letter titled "Electronic Reporting Requirements"dated March 31 2016 concerning % registering to use the Division's new a-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs Your facility will be required to report your Discharge Monitoring Reports electronically by December 21, 2016 For more information, please visit the eDMR Website at the following address: http://portal.ncdenr.org/web/wq/admin/"`boci/``ipu/``edmr. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Region sor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File James &James Environmental/ ORC G:\WR\WQ\Henderson\Wastewater,Minors\Henderson's Assisted Living 71897\NOV-NOI-2016-LV-0577.rtf Certified Mail # 7015 1520 0003 5463 0196 Return Receipt Reguested October 20, 2016 Doug Barrick Town of Rutherfordton 129 N Main St Rutherfordton, NC 28139 SUBJECT: NOTICE OF VIOLATION &YNTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LV-0578 Permit No. NCO025909 Rutherfordton WWTP Rutherford County Dear Permittee: A review of the June 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Coliform, Fecal MF, MFC Broth, 6/11/2016 400 612.13 Weekly Geometric Mean Exceeded 44.5 C (31616) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A,review of your response will be considered along with any information provided on the submitted Discharge itoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 Remedial actions should have already been taken to correct this problem and prevent further occurrences in t1�� future. The Division of Water Resources may pursue enforcement action for this and any additional violations o� State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter or to apply for an SOC, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional. Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File ✓ NPDES Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\Rutherford\Wastewater\Municipal\Rutherfordton WWTP 25909\N0V-N0I-2016-LV-0578Af OW eri -MA Certified Mail # 701S IS20 0003 S463 0226 Return Receipt Requested October 20, 2016 D Marche Pittman Polk County PO Box 308 Columbus, NC 28722-0308 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-MV-0119 � Permit No. NC0004464 Woodland Mills WV TP Polk County DearPermittee: A review of the June 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Monitoring Violation(s): Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Chlorine,Total Residual (50060) 6/18/2016 2 X week Frequency Violation Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 1 If you have any questions concerning this matter, please contact Janet Cantwell of the.Asheville Regional , Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File James Marries Environmental/ ORC G:\WR\WQ\Polk\Wastewater\Minors\1Noodiand Mills 04464\NOV-2016-MV-0119.rtf Certified Mail #7015 1520 0003 5463 0233 Return Receipt Requested October 20, 2016 Cody S Jones, Manager Cedar Beach Investment Group LLC PO Box 20670 Charleston, SC 29413 SUBJECT: NOTICE OF DEFICIENCY Tracking Number: NOD-2016-LV-0116 Permit No. NCO068918 Cedar Hill WWTP Jackson County Dear Permittee: A review of the June 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the deficiency(s) indicated below: Limit Exceedance Deficiency(s): Sample Limit Reported Location Parameter Date Value Value Type of Deficiency 001 Effluent Coliform, Fecal MF, MFC Broth, 6/14/2016 400 420 Daily Maximum Exceeded 44.5 C (31616) Please be aware that non-compliance with your permit could result in enforcement action by the Division of Water Resources for these and any additional violations of State law. The Asheville Regional Office encourages you to take all necessary actions to bring your facility into compliance. Please refer to the latest letter titled""Electronic Reporting Requirements"dated March 31 2016 concerning registering to use the Division's new e-DMR system for the completion and electronic submittal of monthly ``"'';charge Monitoring Reports (DMRs). State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa NC 28778 828-296-4500 Your facility will be required to report your Discharge Monitoring Reports electronically by December 21 2016"\ For more information, please visit the eDMR Website at the following address: http://portal.ncdenr.org web/wg/admin/`bog/ipu/edmr If you should need any assistance or would like to discuss this non-compliance situation, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File RPB Systems/ ORC G:tWR4WQ1JacksonMJasteavaier.MinorsiGedar Hill(Resources Planning)689181HOD-2016-LV-0116.rtf PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary WaterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY - ' Director October 20, 2016 DWR# 16-0974 Buncombe County Justin Rice 97 Old Fort Road Fairview,NC 28730 Arnold Brooks 97 Old Fort Road Fairview,NC 28730 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS -97 Old Fort Road Dear Mr. Rice and Mr. Brooks: \\ You have our approval for the impacts listed below for the purpose described in your application dated October 1, 2016, and received by the Division of Water Resources (Division) on October 12, 2016. These impacts are covered by the attached Water Quality General Certification Number 3883 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Number 3 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control,Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are meta No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or(c)] Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Stream Im act Impact W 1 0.03 (acres) State of North Carolina I Environmental Quality I water Resources 2090 U.S.Hwy.70 Swannanoa,North Carolina 28778 828 296 4500 97 Old Fort Road\, DWR# 16-0974 �. 401 Approval Page 2 of 3 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certification(s) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and(c)(3) and 15A NCAC 02B .0211(12)] 4. . All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill,the permittee/contractor shall immediately contact the - Division of Water Resources, between the hours of 8 am to 5 pm at the Asheville Regional Office at 828.296.4500 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0211(12), and GS 143 Article 21A] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919) 431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 97 Old Fort Road DWR# 16-0974 401 Approval Page 3 of 3 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,NC 27699-1601 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .05.00. Please contact Kevin Mitchell at 828-296-4650 or kevin.mit6ellAncdenngov if you have any questions or concerns. Sincerely, Z4 Price, P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office � Enclosures: GC 3883 Certificate of Completion cc: William Elliott—USACE Asheville Regulatory Field Office (via email) Andrea Leslie—NCWRC (via email) Stan Aiken—Division of Energy, Mineral, and Land Resources (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit(via email) G:\WR\WQ\Buncombe\Complaints\201601187 97 Old Fort Road\APRVL.Justin Rice. 10.20.2016.docx PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary WaterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director October 20,2016 Carroll Harris PO Box 359 Old Fort,NC 28762 Subject: Incident Closure 1291 Moffitt Hill Road NOV-2016-PC-0341 McDowell County Dear Mr. Harris: The Division of Water Resources conducted a site inspection of the subject property on October 19, 2016,related to the Notice of Violation and Recommendation for Enforcement NOV-2016- PC-0341. The written response and activities performed have satisfactorily resolved the violations noted in the subject Notice of Violation and Recommendation for Enforcement. Your attention and cooperation is greatly appreciated. Should you have any questions regarding this matter or other water quality issues or concerns,please contact me at(828)296-4650 or kevin.mitchellkncdenr.gov. Sincerely, l Kevin Mitchell Environmental Specialist Water Quality Regional Operations Asheville Regional Office cc: William Elliott—USACE (via email) Stan Aiken—DEMLR(via email) ARO File Copy G:\WR\WQ\McDowell\Complaints\201601280 1291 Moffit Hill Road\CLO.NOV-2016-PC-0341.1291 Moffit Hill Road.docx State of North Carolina Environmental Quality I Water Resources 2090 U.S Hwy 701 Swannanoa,North Carolina 28778 828 296 4500 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary WaterKesources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director October 20, 2016 Brad&Vanda Withers PO Box 362 Spindale,NC 28160 Roger Metcalf 225 Frog Creek Road Union Mills,NC 28167 SUBJECT: Notice of Violation Response and Sediment Removal Plan Approval Brad Withers 1737 US Hwy 64 NOV-2016-PC 0287 Rutherford County Dear Mr. and Mrs: Withers and Mr. Metcalf: The Division of Water Resources has received correspondence from you dated October 14, 2016, in response to the Notice of Violation(NOV)noted above. The proposal includes the removal of sediment from un-named tributaries to Catheys Creek using shovels and buckets. The remedial actions presented in the response have been found satisfactory and are approved. Please be aware that you will be responsible for any additional sediment that leaves the site or migrates downstream until the upland areas have been stabilized. Activities involved in this approved plan, as well as submittal of the final report, are to be completed within thirty(30) days of this approval letter. Please contact me at(828) 296-4650 or kevin:rnitchell.�ncdenr.gov should you have any further questions. Sincerely, Kevin Mitchell Environmental Specialist Water Quality Regional Operations Asheville Regional Office State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70 I swannanoa,North Carolina 28778 828 296 4500 TA 0 ' -04 Certified Mail # 7015 1520 0003 5463 0219 Return Receipt Requested October 20, 2016 Rob Porges T A Operating LLC 24601 Center Rdg Rd Ste 200 Cleveland, OH 44145 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-LV-0580 Permit No. NCO085952 Candler Travel Center WWTP Buncombe County Dear Permittee: A review of the July 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD, 5-Day(20 Deg. C) - 7/31/2016 5 5.31 Monthly Average Exceeded Concentration (C0310) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. i State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 . _............ If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely,. G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File James &James Environmental/ ORC G:\WR;WQ\Buncombe\VJastewater\Minors\Candler Travel Center 85452\N0'V-2016-LV-0580.rtf ; 1T A D� yk I UOR Zk?reca '' Certified Mail # 7015 1520 0003 5463 0257 Return Receipt Requested October 20, 2016 Bob B Leatherwood Silver Bluff Realty LLC 100 Silver Bluff Dr Canton, NC 28716 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LV-0582 Permit No. NCO033600 Pigeon Valley Rest Home WWTP Haywood County Dear Permittee: A review of the July 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 7/13/2016 45 80.1 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day (20 Deg. C) - 7/20/2016 45 87.1 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD,5-Day(20 Deg. C) - 7/31/2016 30 58.85 Monthly Average Exceeded Concentration (C0310) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails tnact in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. -215.1. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice.' A review of your response will be considered a.long with any information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. Please refer to the latest letter titled "Electronic Reporting Requirements"dated March 31 2016 concerning registering to use the Division's new a-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs). Your facility will be required to report your Discharge Monitoring Reports electronically by December 21, 2016 For more information, please visit the eDMR Website at the following address: http://portal.ncdenr.org/web/wg/admin/bog/ipu/`edmr. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional upervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Goldie &Associates/ORC G:\WR\WQ\Haywood\Wasteevater\Minors\Silver Bluff-Pigeon Valley 33600\N0V-N0I-2016-1V-0582Af .. r ecru SIItiIPiT' Certified Mail # 7015 1520 0003 5463 0264 Return Receipt Requested October 20, 2016 Stephen R Goldie Jacabb Utilities LLC 210WN2ndSt Seneca, SC 29678 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LV-0583 Permit No. NCO076708 Riverwind Mobile Home Park WWTP Henderson County Dear Permittee: A review of the July_2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value . Type of Violation 001 Effluent BOD, 5-Day(20 Deg. C) - 7/6/2016 45 92.8 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day (20 Deg. C) - 7/31/2016 30 30.88 Monthly Average Exceeded Concentration (C0310) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. Please refer to the latest letter titled "Electronic Reporting Requirements"dated March 31 2016 concerning registering to use the Division's new e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs). Your facility will be required to report your Discharge Monitoring Reports electronically by December 21 2016 For more information, please visit the eDMR Website at the following address: http://portal ncdenr org/web/wq/admin/`boq/ipu/edmr J If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit Enforcement File Goldie &Associates/ ORC G:\WR\WQ\Henderson\Wastewater\Minors\Rivereaind HOA 76708\N0V-N0I-2016-LV-0583AF Vi Certified Mail# 7015 1520 0003 5463 0240 Return Receipt Requested October 20, 2016 Ron Nalley, Town Manager Town of Lake Lure PO Box 255 Lake Lure, NC 28746-0255 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LV-0581 Permit No. NCO025381 Lake Lure WWTP Rutherford County Dear Permittee: A review of the July 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Flow, in conduit or thru 7/31/2016 0.495 0.561 Monthly Average Exceeded treatment plant(50050) 001 Effluent Nitrogen,Ammonia Total (as 7/31/2016 9.4 13.81 Monthly Average Exceeded N) - Concentration (C0610) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business dam after receipt of this Notice. `. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter or to apply for an SOC, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Byers Environmental/ ORC G:\WR\WQ\Rutherford\Wastewater\Municipal\Lake Lure WWTP 25381\N0V-N0I-2016-LV-0581Af i , l a va ► � IT±f IAW Certified Mail # 7015 1520 0003 5463 0271 Return Receipt Reg uested October 20, 2016 Ed Burchins, Town Administrator Town of Andrews PO Box 1210 Andrews, NC 28901 SUBJECT:- NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LV-0584 Permit No. NCO020800 Andrews WWTP Cherokee County Dear Permittee: A review of the July 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Coliform, Fecal MF, MFC Broth, 7/16/2016 400 403.07 Weekly Geometric Mean Exceeded 44.5 C (31616) 001 Effluent BOD, 5-Day(20 Deg. C) - 7/23/2016 45 56.12 Weekly Average Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day(20 Deg. C) - 7/31/2016 30 37.43 Monthly Average Exceeded Concentration (C0310) 001 Effluent Nitrogen, Ammonia Total (as 7/31/2016 6 9.07 Monthly Average Exceeded N) - Concentration (C0610) State of North Carolina Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina G Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not\ more than twenty-five thousand dollars ($25,000.00) may assessed against any person who violates or fails\ to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period,a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible,not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. Please refer to the latest letter titled "Electronic Reporting Requirements"dated March 31 2016 concerning registering to use the Division's new a-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DM as . Your facility will be required to report your Discharge Monitoring Reports electronically by December 21 2016 For more information, please visit the eDMR Website at the following address: http://portal.ncdenr.org/web/``wq/admin/bog/"`ir)u/edmr. If you have any questions concerning this matter or to apply for an SOC, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit Enforcement File Timothy B. Wood/ ORC G:\WR\WQ\Cherokee\Wastewater\Municipal\Andrews WV1TP 20800 N0V-N0T-2016-LV-0584.rtf P T ;.'QR ` Certified Mail # 7015 1520 0003 5463 0288 Return Receipt Requested October 21, 2016 Michael D Molling D O I National Park Services 199 Hemphill Knob Rd Asheville, NC 28803 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LV-0585 Permit No. NCO072729 Mt. Pisgah Lodge & Recreation Area W TP Haywood County Dear Permittee: A review of the July 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Coliform, Fecal MF, MFC Broth, 7/5/2016 400 600 Daily Maximum Exceeded 44.5 C(31616) 001 Effluent Coliform, Fecal MF, MFC Broth, 7/19/2016 400 440 Daily Maximum Exceeded 44.5 C (31616) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge ` Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should.have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor , Water Quality Regional Operations.Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\Haywood\Wastewater\Minors\Mt,Pisgah Lodge&Rec Area 72729,N0V-N0I-2016-LV-0585.rtF 13 V'A 'i a Certified Mail # 7015 1520 0003 5463 0295 Return Receipt Requested October 21, 2016 Bob Schwebke, Owner RCS Properties 4501 Tynecastle Hwy Banner Elk, NC 28604 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-LV-0586 Permit No. NCO062961 Tynecastle WWTP Avery County Dear Permittee: A review of the July 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Coliform, Fecal MF, MFC Broth, 7/6/2016 400 1,200 Daily Maximum Exceeded 44.5 C (31616) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. Please refer to the latest letter titled "Electronic Reporting Requirements"dated March 31, 2016, concerning registering to use the Division's new e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs). State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 Your facility will be required to report your Discharge Monitoring Reports electronically by December 21 2016\,, For more information, please visit the eDMR Website at the following address: http://portal.ncdenr.org/web/`wq/admin/bog/`ipu/edmr. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional. Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File WQ Lab &Operations/ ORC G:\WR\WQ\Avery\Wastewater\Minors\Tyrrecastle 62461\NOV-2016-LV-0586.rtf 10 TV YM ; Certified Mail # 7015 1520 0003 5463 0301 Return Receipt Requested October 21, 2016 Ronnie E Hedrick Riverside at Tapoco LLC PO Box 756 Robbinsville, NC 28771 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-LV-0587 Permit No. NCO023281 Tapoco Lodge &Village WWTP Graham.County Dear Permittee: A review of the July 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Solids, Total Suspended 7/11/2016 45 71.5 Daily Maximum Exceeded Concentration (CO530) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. Please refer to the latest letter titled "Electronic Reporting Requirements"dated March 31, 2016, concerning registering to use the Division's new a-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs). Your facility will be required to report your Discharge Monitoring Reports electronically by December 21, 2016. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 For more information, please visit the eDMR Website at the following address: http://portal.ncdenr.org/web/"wq/admin/bog/``ipu/``edmr. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit Enforcement File Lamar Williams/ ORC i G:\WR\WQSGraham�Wastevvater\Minor5}Tapoco Lodge 23281\N0V-2016-LV-0587.rtf PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary WaterRescurces S. JAY ZIMMERMAN ENVIRONMENTAL 4UAL" Director October 21, 2016 DWR# 16-0963 Caldwell County Robert Matthews 6152 Plantation Pointe Drive Granite Falls,NC 28630 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Matthews—6152 Plantation Pointe Drive Dear Mr. Matthews: You have our approval for the impacts listed below for the purpose described in your application dated September 26,2016, and received by Division of Water Resources (Division) on October 6, 2016. These impacts are covered by the attached Water Quality General Certification Number 3898 and the additional conditions listed below. This certification is associated with the use of General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain any other federal, state or local permits before proceeding with your project, including those required by(but not limited to) Sediment and Erosion Control,Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. . This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit, and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or(c)] Type of Impact Amount Approved Permanent Open Waters Above Pool I Below Pool 0.0045 (acres) 0.0045 (acres) 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70 1 Swannanoa,North Carolina 28778 828 296 4500 Matthews-6152 Plantation Pointe D\i DWR# 16-0963\\ 401 Approval Page 2 of 4 General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [I5A NCAC 02H .0507(d)(2)] 3. Stabilization techniques must meet the General Conditions listed in the Shoreline Stabilization Technique Selection Process found in Duke Energy's Shoreline Management Guidelines for the Catawba-Wateree river system 2006 Shoreline Management Plan. 4. The Permittee shall replant the vegetation within temporarily disturbed areas located within 30 feet of the shoreline in an"in kind"manner immediately following construction. (Example: Disturbed areas with pre-existing grassed lawns can be replanted with grass or trees and woody vegetation. Disturbed areas with pre-existing trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre-existing forest vegetation must be replanted with forest vegetation . including at least two different native hardwood tree species at a density sufficient to provide 260 trees per acre at maturity. This density can usually be achieved by planting approximately 436 (10 x 10 spacing)to 681 (8 x 8 spacing)trees per acre.)Replanting of trees/shrubs/forest must be completed by the first subsequent planting season(November 1 through March 30). Note, if the tree plantings do not survive, they will need to be replaced such that the density is sufficient to provide 260 trees per acre at maturity. [15A NCAC 02H .0507 (c)] 5. The access corridor(s)must be the minimum width required to get the construction equipment to the shoreline and shall not exceed 15 feet in width. The number of access corridors should be limited to the minimum number required to get the construction equipment to the shoreline (many times only a single corridor is required) and shall not exceed 2 corridor(s). The access corridor(s) should cross the buffer as close to perpendicular as practicable and disturbance to existing vegetation should be minimized. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty (60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919)431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919) 431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: Matthews-6152 Plantation Pointe Dr. DWR# 16-0963 401 Approval Page 3 of 4 If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One (1) copy of the petition must also be served to DEQ: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,NC 27699-1601 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Kevin Mitchell at 828-296-4650 or Kevin.mitchellgncdenr.gov if you have any questions or concerns. Sincerely, Zan Price, P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3898 Certificate of Completion cc: William Elliott—USACE Asheville Regulatory Field Office (via email) Wade Harmon—Duke Energy(via email) Andrea Leslie—NCWRC (via email) Caldwell County Planning DWR ARO 401 files DWR 401 and Buffer Permitting Unit(via email) G:\WR\WQ\Caldwell\401s\Non-bOT\Matthews-6152 Plantation Pointe Dr\ PRVL.Matthews-6152 Plantation Pointe Dr. 10.21.2016.docx F Tt :t1RY „ Certified Mail # 7015 1520 0003 5463 0318 Return Receiat Requested October 24, 2016 Larry Lehning Adams Apple Homeowners Association Inc 1208 Kelty Ct Cary, NC 27511 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-MV-0120 Permit No. NCO042358 Adams Apple Condominiums WWTP Avery County Dear Permittee: A review of the June 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Monitoring Violation(s): Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent pH (00400) 6/4/2016 Weekly Frequency Violation 001 Effluent Temperature,Water Deg. 6/4/2016 5 X week Frequency Violation Centigrade (00010) 001 Effluent Temperature, Water Deg. 6/11/2016 5 X week Frequency Violation Centigrade (00010) 001 Effluent Temperature,Water Deg. 6/18/2016 5 X week Frequency Violation Centigrade (00010) 001 Effluent Temperature, Water Deg. 6/25/2016 5 X week Frequency Violation Centigrade (00010) Ifs--i above parameters were left off inadvertently, please send amended DMRs within 10 business days of receipt of -ris letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 Please refer to the latest letter titled "Electronic Reporting Requirements"dated March 31 2016 concerning' registering to use the Division's new e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs). Your facility will be required to report your Discharge Monitoring Reports electronically by December 21, 2016` For more information, please visit the eDMR Website at the following address: http://portal.ncdenr.org/web/wq/admin/boq/ipu/edmr. Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office- Enforcement File NPDES Compliance/Enforcement Unit Enforcement File WQ Lab &Operations/ ORC O:\WR\VVQ\Avery\Wastewater\Min6rs\Adams Apple Condo 42358\NOV-2016-MV-0120.rtf ' L E VAX 0TirsT? Certified Mail # 7015 1520 0003 5463 0325 Return Recent Requested October 24, 2016 Donald R Cooper Cooper Riis Inc PO Box 416 Mill Spring, NC 28756 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-MV-0121 Permit No. NCO087122 Cooper Riis Healing Farm WWTP Polk County Dear Permittee: A review of the April 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Monitoring Violation(s): Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Nitrogen, Ammonia Total (as N) - 4/2/2016 Weekly Frequency Violation Concentration (C0610) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If the above parameter was left off inadvertently, please send amended DMRs within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 Please refer to the latest letter titled"Electronic Reporting Requirements"dated March 31, 2016 concerning_` registering to use the Division's new a-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports DMRs). Your facility will be required to report your Discharge Monitoring Reports electronically by December 21 2016 For more information, please visit the eDMR Website at the following address: http://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional pervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File James &James Environmental/ ORC G:\WR\WQ\Poik\Waste;veter\Minors\CooperRiis Healing Farm 87122\NOV-2016-MV-0121.rtf 'DAwrar ,.. .. , hoc ,- lti } IwiN Certified Mail# 7014 0510 0000 4466 4132 Return Receipt Requested October 24, 2016 Tim Barth, Town Manager Town of Columbus PO Box 146 Columbus, NC 28722 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LV-0588 Permit No. NCO021369 Columbus WVV P Polk County u ar Permittee: A review of the July 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Coliform, Fecal MF, MFC Broth, 7/16/201.6 400 510 Weekly Geometric Mean Exceeded 44.5 C(31616) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge ", itoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the .ulations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 Remedial actions should have already been taken to correct this problem and prevent further occurrences in tr,,' future. ` The Division of Water Resources may pursue enforcement action for this and any additional violations o>. State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter or to apply for an SOC,'please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, a G. Landon Davidson, P.G., Regional Supe vA .r Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File G!\WR\WQ\Palk\Wastewater\Municipal\Columbus WWTP 21369\N0V-N0I-2016-LV-0588.rtf PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary WaterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director October 24, 2016 DWR# 14-1129 V2 Buncombe County Serrus Creekside, LLC Attn: Stephen Mudge and David Earley 2 David Keats Drive Greenville, SC 29630 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Creekside Village Dear Mr. Mudge and Mr. Earley: \ You have our approval for the impacts listed below for the purpose described in your application dated May 5, 2016, and received by the Division of Water Resources (Division) on May 23, 2016,with subsequent information on June 24, 2016, August 10, 2016 and September 29, 2016. These impacts are covered by the attached Water Quality General Certification Numbers 3885 and 3890 and the conditions listed below.: This certification is associated with the use of Nationwide.Permit Numbers 13 and 29 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and-Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: State of North Carolina Environmental Quality I Water Resources 2090 U.S.Hwy.70 1 Swannanoa,North Carolina 28778 828 296 4500 Creekside Villa' DW R#14-1129-V2 401 Approval Page 2 of 4 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 021-1 :0506(b) and/or (c)] Type of Impact Amount Approved Amount Approved (units) (units). Permanent Temporary Stream Impact S3 40 (linear feet) Impact S4 28 (linear feet) Open Waters Impact 01 0.35 (acres) 2. This approval is for the purpose and design described in your application and additional information provided. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] - 3. The area where sediment has accumulated behind the silt fence on the right streambank below the pond outfall must be stabilized per the memo dated September 23, 2016 provided by Atlas Environmental (attached) [15A NCAC 02H .0506 (b)(3)]. 4. The Stormwater Management Plan (SMP) approved by Buncombe County meets the requirements of the 401 Certification Program. The SMP may not be modified without prior written authorization from Buncombe County. A copy of the approval letter and the modified SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) prior to the commencement of the modifications. [15A NCAC 02H .0506(b)(5)] 5. The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded in receiving waters as described in 15 A NCAC 02B .0200. Appropriate sediment and erosion control practices must be used to meet this standard. [15A NCAC 02B .0200] 6. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small animals. [15A NCAC 02H .0506(b)(2)] Creekside Village DWR#14-1129-V2 401 Approval Page 3 of 4 7. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill,the permitee/contractor shall immediately contact the Division, between the hours of 8 am to 5,pm at the Asheville Regional Office at 828.296.4500 and after hours and on weekends call (800)858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A] 8. All temporary impacted areas shall be restored to pre-construction natural conditions upon completion of the project. Native vegetation shall be used for stream bank stabilization. [15A NCAC 02H .0506 (b)(2) and (c)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919)431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, Fed Ex, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 Creekside Villa., DWR#14-1129 N2 ,, 401 Approval Page 4 of 4 One (1)copy of the petition must also be served to DENR: John Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC .0500. Please contact Zan Price at 828-296-4662 or zan.price@ncde6r.gov if you have any questions or concerns. Sincerely, Zan Price, P.E.,Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3885 and 3890 Atlas Environmental Memo,September 23, 2016 ' Certificate of Completion cc: Jennifer Robertson—Atlas Environmental (via email) William Elliot—USACE Asheville Regulatory Field Office (via email) Doug Sharp—Buncombe County Erosion Control (via email) Andrea Leslie—NCWRC(via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit G:\WR\WQ\Buncombe\401s\Non-DOT\Creekside Village\Version 2\APRVL.Creekside VillageV2.docx PAT MCCRORY Governor. DONALD R. VAN DER VAART / � Seer ehxn S. JAY ZIMMERMA.N Water Resources ENVIRONMENTAL QUALITY Director October 24, 2016 Mr.Jim Fatland,City Manager City of Brevard 95 West Main Street Brevard, NC, 28712-0000 Subject: Permit No. WQ0038816 City of Brevard Laurel Lane Utility Extension Wastewater Collection System Extension Permit Transylvania County Dear Mr. Fatland: In accordance with your application received September 27, 2016, and additional information received on October 18, 2016,we are forwarding herewith Permit No. WQ0038816 dated October 24, 2016, to the City of Brevard (Permittee) for the construction and operation upon certification of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until -- rescinded, and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition IIA: This permit shall not be automatically transferable; a request must be made and approved. Condition IIA: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. It shall be responsibility of the Permittee to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made,this permit shall be final and binding. 2090 U.S.70 Highway,Swannanoa,NC 28778 Phone:828-296-4500\Internet:www.ncwaterguality.org An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper City of Brevard �\ Permit No.WQ0038816 If you need additional information concerning this matter, please contact Tim Heim at(828)296-4500 or via e-mail at tim.heim@ncdenr.gov. Sincerely, for S.Jay Zimmerman, P.G. Director, Division of Water Resources G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ cc: Michael R. Goforth, P.E., High Country Engineering,PC- (electronic copy) Regional Office Files Water Resources Central Files PERCS.(electronic copy) G:\WR\WQ\Transylvania\Collection Systems\Brevard Collection System WQCS00084\ExtensionPermits\WQ0038816 Laurel Lane Utility Ext.docx Page 2 of 9 s; .4 M Environmental Quality WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,and other applicable Laws,Rules, and Regulations, permission is hereby granted to the City of Brevard Transylvania County for the construction and operation of approximately 119 linear feet of 8-inch gravity to serve nine three- bedroom homes as part of the Laurel Lane Utility Extension project, and the discharge of 1,080 gallons per day of collected domestic wastewater into the City of Brevard's existing sewerage system, pursuant to the application received September 27, 2016 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 11 2000 as applicable;and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. for S.Jay Zimmerman, P.G. Director, Division of Water Resources By Authority of The Environmental Management Commission Permit Number: WQ0038816 Permit Issued: October 24,2016 Page 3 of 9 SUPPLEMENT TO PERMIT COVER SHEET City of Brevard is hereby authorized to: Construct, and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the City of Brevard Wastewater Treatment Facility in accordance with Permit Number NC0060534. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T, the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1; 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina-licensed.Profes'sional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions identified below. I. STANDARD CONDITIONS 1. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered ' on its merits and may or may not be approved. [15A NCAC 02T.0104;G.S 143-215.1(d3)] 2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. [15A NCAC 02T.0110] 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. [15A NCAC 02T.0110] 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required,the following performance criteria shall be met: [15A NCAC 02T.0108(b)]: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. J, Page 4 of 9 c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 213.0506(a), and public notice shall be provided as required by North Carolina General Statute§143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors,enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems,the Grease Control Program shall include at least bi- annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. 5. The Permittee shall report by telephone to a water resources staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage,etc.;or b. Any SSO and/or spill over 1,000 gallons; or c. Any SSO and/or spill,regardless of volume,that reaches surface water ' Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) Page 5 of 9 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the.SSO was beyond control. [G.S. 143 215.1C(a1)] 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. [15A NCAC 02T.0108(b)] 7. Upon completion of construction and prior to operation of these permitted facilities,the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: J a. One copy of the project construction record drawings (plan & profile views of sewer lines & force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings .that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc. b. One copy of the supporting applicable design calculations including pipe and pump sizing, velocity, pump cycle times, and level control settings, pump station buoyancy, wet well storage, surge protection, detention time in the wet well, and force main, ability to flush low points in force mains with a pump cycle, and downstream sewer capacity analysis. If a portable power source or pump is dedicated to multiple stations, an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable power source or pump, include travel timeframes, shall be provided. c. Changes to the project that do not result in non-compliance with this permit, regulations, or the Minimum Design Criteria should be clearly identified on the record drawings, on the certification in the space provided, or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non-compliance with this permit (including pipe length increases of 10% or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the number/type of connections), regulations, or the Minimum Design Criteria. Requested -' Page 6 of 9 modifications or variances to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After-construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification &activation. [15A NCAC 02T.0116] 8. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined,a slope variance can be requested from the Division with firm supporting documentation. This shall be done through a permit modification with fee. Such variance requests will be evaluated on a case-by-case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification. [ 15A NCAC 02T.0105(n)] 9. A copy of the construction record drawings shall be maintained,on file by the Permittee for the life of the wastewater collection facilities. [15A NCAC 02T.0116] 10. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. [15A NCAC 02T .0104; 15A NCAC 02T.0108(b-c)] 11. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. [15A NCAC 02T.0110; 15A NCAC 02T.0108(b)] 12. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by the Division any other Federal, State, or Local government agencies which have jurisdiction or obtaining other permits which maybe required by the Division or any other Federal, State,of Local government agencies. [G.S. 143-215.1(b)] Page 7 of 9 [THIS PAGE INTENTIALLY LEFT BLANK] Page 8 of 9 FAST TRACK SEWER ENGINEERING CERTIFICATION PERMITTEE: CITY OF BREVARD PERMIT#: WQ0038816 PROJECT: LAUREL LANE UTILITY EXTENSION ISSUE DATE: October 24,2016 This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the Division has received this Certification and all required supporting documentation. It should be submitted in a manner that documents the Division's receipt. Send the required documentation the Regional Supervisor, Water Quality Regional Operations Section at the address at the bottom. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Certification shall be considered a violation of the permit and .shall subject the Permittee to appropriate enforcement actions. The Permittee is responsible for tracking all partial.certifications up until a final certification is received. A Final Certification shall be a complete set of record drawings and design calculations regardless of whether partials have been submitted. PERMITTEE'S CERTIFICATION I,the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name,Title Signature Date ENGINEERS CERTIFICATION as a duly registered Professional Engineer in the State of North Carolina, having been authorized,to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the Laurel Lane Utility Extension and location as referenced above for the above Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Resources' (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1,2000 as applicable; and other supporting materials. ........................................................................... North Carolina Professional Engineer's Seal w/signature &date: ❑ Final ❑ Partial (include description) Certification Comments/Qualifiers(attach if necessary): NC DWR Water Quality Regional Operations Section Address City, NC Zip Code Asheville Regional Office Phone: (828)-296-4500 FAX:(828)-299-7043 �\ A � ��.. _... . Tk Certified Mail # 7014 0510 0000 4466 4149 Return Receipt Requested October 25, 2016 Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768-1407 SUBJECT: NOTICE OF VIOLATION.&INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LV-0589 Permit No. NCO067288 Hunter's Glen WWTP Henderson County Dear Permittee: A review of the June 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter bate Value Value Type of Violation 001 Effluent BOD, 5-Day(20 Deg. C) - 6/2/2016 45 68 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day(20 Deg. C) - 6/9/2016 45 70 Daily Maximum Exceeded Concentration (C0310) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. i State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. \' A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. Please refer to the latest letter titled "Electronic Reporting Requirements"dated March 31, 20161 concerning reaisterina to use the Division's new a-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs). Your facility will be required to report your Discharge Monitoring Reports electronically.by December 21 2016 For more information, please visit the eDMR Website at the following address: ) http://portal.ncdenr.org/web/`wg/admin/"bog/"ipu/edmr. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\Henderson\Wasteavater\Minors\Hunter's Glen 67288\N0V-N0I-2016-LV-0589.rtf PAT MCCRORY K Governor DONALD R. VAN DER VAART Secretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director October 25,2016 Sam Ray 511 Price Road Hendersonville,NC 28739 RE: Inspection of water supply well Rays Mobile Home Park-Lloyd Griffin Drive Henderson County,NC. Dear Mr.Ray, The water supply well that supplies drinking water to three mobile homes on Lloyd Griffin Drive in Henderson County was inspected using a borehole camera on October 12, 2016.The inspection was performed by John Brooks of the North Carolina Department of Health and Human Services along with my assistance.The purpose of the borehole camera well inspection was to evaluate the structural integrity of the well. According to an onboard measuring device,the well casing extends from the land surface to a depth of 23 feet below land surface(bls).At the well casing interface with natural bedrock,a substantial amount of water was observed discharging from behind the well casing and entering the well .borehole. Four observations suggest surface water and/or shallow groundwater is entering the well borehole:persistent(i.e.,cannot be remediated with multiple disinfection events)total coliform bacteria in the water supply well,complaints of increased turbidity after precipitation events,a shallow well casing,and groundwater discharging from behind the casing.The conduit for the water may be a naturally-occurring feature such as shallow bedrock fracturing or it may be the result of a compromised well casing.For instance,the well casing may not be adequately seated in competent bedrock and/or sufficiently grouted.Please note that the well construction regulations require the casing to extend at least 20 feet below land surface; additional casing may necessary to sufficiently protect groundwater resources According to the well construction rules 15A NCAC 02C.0112(a)(d),every well shall be maintained by the owner in a condition whereby it will conserve and protect the groundwater resources, and whereby it will not be a source or channel of contamination or pollution to the water supply or any aquifer,or the well shall be permanently abandoned.Furthermore, broken,punctured, or defective or unserviceable casing,screens,fixtures,seals,or any part of the well head shall be repaired or replaced, or the well shall be permanently abandoned. Because the existing water supply well is acting as a conduit for groundwater contamination,you will be required to either repair the existing water supply well (e.g.packer-liner system) or construct a new water supply well. Please be aware that if a new water supply well is constructed you will be required to abandoned the existing water supply well in accordance with the following State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70,Swannanoa,North Carolina 28778 828-296-4500 Sam Ray October 25,2016 Page 2 of 2 procedures outlined in 15A NCAC 02C. 0113(b).Permit applications for new water supply well,well repairs,and well abandonment are issued by the Henderson County Health Department. I've taken the liberty of including a fact sheet on water supply wells in North Carolina for your review.Please feel free to contact me if you have additional questions or concerns. I can be reached at(828) 296-4681 or brett.lav,erty@ncdenr.gov. 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O - v (D O cn CD E- a , 0 ai n 0. 0 : 0 (DCD � v = b 6' 0 on, 3 cmc L g � 00 � 0U) Q. 3 O p ((DD 0 s Q, 0 0n0 � `� c v U) C � 0 m PAT MCCRORY Governor .as DONALD R. VAN DER VAART Secretary WaterResourceS ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN Director October 26,2016 DWR# 16-0920 Clay County Mr. Larry Dean Lee &Brandon Michael Lee 7295 Old Hwy 64 Brasstown,NC 28902 , Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Lee Farm Dear Mr. Larry Dean Lee& Brandon Michael Lee: You have our approval for the impacts listed below for the purpose described in your application dated September 14,2016, and received by the Division of Water Resources (Division) on September 23, 2016. These impacts are covered by the attached Water Quality General Certification Number 3885 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Number 13 once if is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by(but not limited to) Sediment and Erosion Control,Non-Discharge, Water Supply Watershed, and Trout.Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or(c)] State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70 1 Swannanoa,North Carolina 28778 828 296 4500 Lee Fa,,,, DWR# 16-0920n, 401 Approval' ,.,. Page 2 of 4 Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Stream Impact Impact S 1 1,227 (linear feet) 2. This approval is for the purpose and design described in your application: The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification(s) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. The applicant and/or authorized agent shall contact the Asheville Regional Office prior to the commencement of construction to conduct preconstruction meeting with the North Carolina Wildlife Resources Commission, the United States Fish& Wildlife Service, the construction contractor, and associated agencies to discuss ways to minimize impacts to Eastern Hellbender habitat and Sicklefin Redhorse. [15A NCAC 02H .0507 (c), 15A NCAC 02H .0502 (e), 15A NCAC 02H .0506 (b)(2)] 4. The proposed project shall follow the recommendations stated in the North Carolina Wildlife Resources Commission(NCWRC)comment letter dated October 17, 2016 (attached)to the maximum extent practicable. [15A NCAC 02H .0506(b)(2)] 5. The designer or his designee shall supervise the installation of in-stream structures. [15A NCAC 02H .0506(b)(2)] 6 Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and(c)(3) and 15A NCAC 02B .0211(12)] 7. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill,the permittee/contractor shall immediately contact the Division of Water Resources, between the hours of 8 am to 5 pm at the Asheville Regional Office at 828.296.4500 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0211(12), and GS 143 Article 21A] Lee Farm DWR# 16-0920 401 Approval Page 3.of 4 8. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small animals. [15A NCAC 02H .0506(b)(2)] 9. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly after storm events) and vegetation is successful. Any failures of structures, stream banks,or vegetation may require future repairs or replacement,which requires coordination with the Asheville Regional Office to ensure the stability and water quality of the stream and downstream waters. [15A NCAC 02H .0506(b)(2) and (b)(3)] 10. All temporary impacted areas shall be restored to pre-construction natural conditions upon completion of the project. Native vegetation shall be used for stream bank stabilization. [15A NCAC 02H .0506 (b)(2) and(c)(2)] 11. The permitee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506(b)(2) and(c)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. A petition form may be obtained from the OAH at http://www.neoah.com/or by calling the OAH Clerk's Office at(919)431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours(Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919) 431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 Lee Fai., DWR# 16-0926•.. 401 Approval Page 4 of 4 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,NC 2769.9-1601 This letter completes the review by the Division under section 401 of the,Clean Water Act as described in 15A NCAC 02H .0500. Please contact Tim Fox at 828-296-4664 or tim.fox@ncdenr.,gov if you have any questions or concerns. Sincerely, ;an Price, P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3885 Certificate of Completion NCWRCletter dated October 17, 2016 cc: Kathleen McKeithan—Michael Baker Engineering, Inc. (via email) David Brown—USACE Asheville Regulatory Field Office (via email) Andrea Leslie—NCWRC (via email) Byron Hamstead, USFWS (via email) Stan Aiken-Division of Energy, Mineral, and Land Resources (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit-(via email) G:\WR\WQ\C1ay\401s\Non-D0T\Lee Farm\APRVL.401 Lee Farm10-24-2016.doex PAT MCCRORY �. Governor DONALD R. VAN DER VAART Secretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director October 26, 2016 Ronnie Tipton, Public Works Director Town of Burnsville PO Box 97 Burnsville,NC 28714 SUBJECT: Compliance Evaluation Inspection Town of Burnsville Distribution of Class A Residuals Management Program Permit No: WQ0002834 Yancey County Dear Mr. Tipton: Enclosed please find a copy of the Compliance Evaluation Inspection Form from the inspection conducted on , 10/20/2016. The Compliance Evaluation Inspection was conducted by Beverly Price and Dan Boss of the Asheville Regional Office. The facility was found to be in compliance with permit WQ0002834. The Operation & Maintenance Plan should be updated to include all components as required in the permit Condition III.1. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions,please call me at 828-296-4500. Sincerely, Beverly tPri Environmental Senior Specialist Enc. cc: Jadd Brewer, WWTP ORC MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\Yancey\Wastewater\Non-discharge\Town of Burnsville\CEL 10-20-16.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 828 296 4500 Compliance Inspection Report Permit: WQ0002834 Effective: 12/31/08 Expiration: 11/30/17 Owner: Town of Burnsville SOC: Effective: Expiration: Facility: Town of Burnsville Class A Residuals Management i County:Yancey 843 Pine Swamp Rd Region: Asheville Burnsville NC 28714 Contact Person: Ronnie Leonard Tipton Title: Public Works Director Phone: 828-682-2420 Directions to Facility: Go north on Hwy. 19-23 from Asheville.Take the Burnsville exit. Go east on Hwy 19E past Mountain Heritage HS to Westside Dr. (SR 1196)and turn right. Turn left on Pine Swamp Rd.(SR 1138). WWTP is located on the right approximately.1/2 mile. System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): On-site representative Ronnie Leonard Tipton 828-682-2420 Related Permits: Inspection Date: 10/20/2016 Entry Time: 10:OOAM Exit Time: 11:30AM Primary Inspector: Beverly Price j{� Phone: 828-296-4500 Secondary Inspector(s): , B Daniel J Boss Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Distribution of Residual Solids(503) Facility Status: ■ Compliant ❑ Not Compliant Question Areas: Miscellaneous Questions ■ Record Keeping ® Treatment Sampling Pathogen and Vector Attraction (See attachment summary) Page: 1 Permit: WQ0002834 Owner-Facility:Town of Burnsville Inspection Date: 10/20/2016 Inspection Type:Compliance Evaluation Reason for Visit: Routine Inspection Summary: The inspection was conducted by Bev Price and Dan Boss of the Asheville Regional Office. Ronnie Tipton, John England, and Chris Wilson assisted with the inspection. Distributions in 2016 were from compost processed during 2015;some residuals have been hauled to Foothills Landfill in Lenoir NC. One compost pile has been built so far in 2016. Air blowers were scheduled to be hooked up on 10/20/2016. Compost is stored on a concrete pad and any leachate drains back to headworks of wastewater treatment plant. The operation and maintenance plan should be updated to include all components listed in permit condition 3.1. The facility appears to be well maintained and operated. /l Page: 2 Permit: WQ0002834 Owner-Facility:Town of Burnsville Inspection Date: 1 012 0/2 0 1 6 Inspection Type:Compliance Evaluation Reason for Visit: Routine Pathogen and Vector Attraction Yes No NA NE a. Fecal coliform SM 9221 E(Class A or B) ® ❑ ❑ ❑ Class A,all test must be<1000 MPN/dry gram Geometric mean of 7 samples per monitoring period for class B<2.0"1 OE6 CFU/dry gram ❑ Fecal coliform SM 9222 D(Class B only) ❑ ❑ M ❑ Geometric mean of 7 samples per monitoring period for class B<2.0*1OE6 CFU/dry gram b. pH records for alkaline stabilization(Class A) ❑ ❑ ® ❑ c. pH records for alkaline stabilization(Class B) ❑ ❑ ® ❑ Temperature corrected ❑ d. Salmonella(Class A,all test must be<3MPN/4 gram day) ❑ ❑ ® ❑ e. Time/Temp on: ® ❑ ❑ ❑ Digester(MCRT) El Compost Class A lime stabilization ❑ f. Volatile Solids Calculations ❑ ❑ M ❑ g. Bench-top Aerobic/Anaerobic digestion results ❑ ❑ ■ ❑ Comment: Record Keeping Yes No NA NE Is GW monitoring being conducted,if required? ❑ ❑ ❑ Are GW samples from all MWs sampled for all required parameters? ❑ ❑ . ❑ Are there any GW quality violations? ❑ ❑ ■ ❑ Is GW-59A certification form completed for facility? ❑ ❑ ■ ❑ Is a copy of current permit on-site? ® ❑ ❑ ❑ Are current metals and nutrient analysis available? ❑ e ❑ ❑ Are nutrient and metal loading calculating most limiting parameters? ❑ ❑ ❑ a. TCLP analysis? ❑ ❑ ❑ b. SSFA(Standard Soil Fertility Analysis)? ❑ ❑ ❑ Are PAN balances being maintained? ❑ ❑ . ❑ Are PAN balances within permit limits? ❑ ❑ ❑ Has land application equipment been calibrated? ❑ ❑ 0 ❑ Are there pH records for alkaline stabilization? ❑ ❑ 0 ❑ Are there pH records for the land application site? ❑ ❑ ❑ Are nutrient/crop removal practices in place? ❑ ❑ M ❑ Page: 3 Permit: WQ0002834 Owner-Facility:Town of Burnsville Inspection Date: 10/20/2016 Inspection Type:Compliance Evaluation Reason for Visit: Routine Record Keeping Yes No NA NE Do lab sheets support data reported on Residual Analysis Summary? ❑ Are hauling records available? Are hauling records maintained and up-to-date? ® Q 0 E #Has permittee been free of public complaints in last 12 months? ® El El EJ Has application occurred during Seasonal Restriction window? ® 0 Comment: The compost pile on site at the time of inspection was built in September. Residuals analysis had not been conducted at the time of inspection. Sampling Yes No NA NE Describe sampling: Metals/nutrients/fecal coliform:collect samples at depths of 18",2',3',and 4'. 4 samples are collected one week,and the remaining 3 samples are collected the following week. Is sampling adequate? ®-0 Is sampling representative? Comment: Treatment Yes No NA NE Check all that apply Aerobic Digestion Anaerobic Digestion Alkaline Pasteurization(Class A) Alkaline Stabilization(Class B) Fl Compost Drying Beds Other El Comment: Type Yes No NA NE Land Application Distribution and Marketing Page: 4 f PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Water Resources ENVIRONMENTAL QUALITY - Director. October 26,2016 Mr. and Mrs.William White PO Box 1310 Black Mountain,NC 28711 Subject: Stream Identification Request Dear Mr. and Mrs. White` This letter provides the findings of a site visit to Buncombe County Parcel Identification Number 0619- 42-2543 at 99999 Sunset Drive in Black Mountain,NC conducted on October 25,2016 to provide a stream determination. The feature enters the subject property at the southeastern property boundary and flows intermittently towards the southwestern property boundary. Portions of this feature are jurisdictional;however,this office recommends a stream delineation be conducted and verified by the United States Army Corps of Engineers. The results of the stream determination were as follows: Features Score Comments Geomorphology 8.5 Hydrology 6 Biology 6.5 Total 21 Intermittent Determination: Stream Determination This on-site determination shall expire five(5)years from the date of this letter. Landowners or affected parties that dispute a determination made by the Division of Water Resources(DWR)may request a determination by the Director. An appeal request must be made within sixty(60)days of date of this letter. A request for a determination by the Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Karen Higgins; DWR—401 &Buffer Permitting Unit; 1617 Mail Service Center;Raleigh,NC 27699-1617. If sending via delivery service(UPS,FedEx, etc.): Karen Higgins;DWR—401 &Buffer Permitting Unit; 512 N. Salisbury Street; Raleigh,NC 27604. This determination is final and binding unless, as detailed above, an appeal is requested within sixty(60) days. Please contact me if I can be of any further assistance: 828-296-4650 or kevin.m itche llamedenn gov. October 26,2016 Page 2 of 2 . Sincer er , l Kevin Mitchell Environmental Specialist—Asheville Regional Office Water Quality Regional Operation Section NCDEQ—Division of Water Resources Enclosures: , Aerial Photograph Figure 1 G:\WR\WQ\Buncombe\Stream Calls\Black Mountain Warehouse\StreatnDetermination 99999 Sunset Drive.docx 99999 Sunset Drive 3. l N an Legend M . ` Approximate Parcel Boundary 0 50 100 200 A Ut E Feet s ©mm ni Buncombe County, NC Department of Environmental Quality Aerial Photograph North Carolina Division of Water Resources NAIP 2014 Water Quality Regional Operations -Asheville Figure 1 Drawn b :RKM 10.25.2016 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary 'WaterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director October 26, 2016 CERTIFIED MAIL RETURN RECEIPT REQUESTED 70151520 0003 5463 1230 Mr. Don Gideon 238 Bagwell Drive Pauline, SC 29374 SUBJECT: NOTICE OF VIOLATION—PROPERTY ACCESS Rutherford Solar Farm 553 Ferry Road NOV-2016-PC-0493 Rutherford County Response deadline: November 26,2016 Dear Mr. Gideon: The Division of Water Resources has had communication with Rutherford Farm, LLC regarding the Notice of Violation and Recommendation for Enforcement(NOV) issued on September 30, 2016. Rutherford Farm, LLC submitted a plan to remediate and correct sediment impacts to a stream on your property(Parcel Number 1646035) at 262 Doc Wiseman Road. It is our understanding that you do not wish to allow anyone on your property to correct the issues outlined in the above-mentioned NOV (attached). Therefore, although sediment impacts to surface waters remain,they cannot be corrected on your property without your permission. If we do not hear a response from you by November 26, 2016 then the violations that were observed on your property will be considered closed concerning NOV-2016-PC-0493. Should you have any questions regarding these matters, please contact me at(828) 296-4650 or kevin.mitchellgncdenr.gov. Sincerely, Kevin Mitchell Environmental Specialist Water Quality Regional Operations Asheville Regional Office State of North Carolina Environmental Quality I Water Resources 2090 U.S.Hwy.70 1 Swannanoa,North Carolina 28778 828 296 4500 Rutherford Solar Farm 553 Ferry Rod'. NOV-2016-PC-0493\, Page 2 of 2 \ Enc: NOV -2016-PC-0493 CC: David Brown—USACE (email) Stan Aiken-DEMLR(email) Andrea Leslie—NCWRC (email) Mark Gasper—Cypress Creek Renewables (email) David Brame—Pilot Environmental, Inc. (email) Karen Higgins—401 &Buffer Permitting Unit ARO File Copy G:\WR\WQ\Rutherford\401s\Non-DOT\Rutherford Solar Farm\NOV 9.28.16\LTR.Closure.Rutherford Solar.doex PAT MCCRQR'Y 6 Gnve»IOr DONALD R. VAN DER VAART " Secretary Water.Resources 8, JAY ZIMMERMAN ENVIRONMENTAL QUALITY D[t'ector September 30,2016 CERTIFIED MAIL RETURN RECEIPT REQUESTED 70151520 0003 5463 0998 Mark Gasper 601-A West Main Street Carrboro,NC 27510 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Rutherford Solar Farm 553 ferry Road NOV-2016-PC-0493 Stream_Standard Violation- Other Waste(In-stream sediment) 401 Water Quality Certification(WQC)Condition Rutherford County Response deadline: October 30,2016 Dear Mr. Gasper: On September 28, 2016,Kevin Mitchell from the Asheville Regional Office of the Division of Water Resources (DWR) conducted a site inspection at your property on 553 berry Road(P7N -- 09093009 and 09093009r)in Rutherford County. During the site inspection,un-named tributaries to the Second'Broad River(WS-IV)were observed to have been impacted by sediment deposition from overland flow originating from your property. Recently deposited sediment was observed in two un-named tributaries up to six inches in depth. As a result of the site inspection and file review,the following violations were identified: VIOLATIONS I. Stream Standard Violation-Other Waste(In-stream sediment) 15A NCAC 02B .0211 (12)-An undetermined length ofun-named tributaries to the Second Broad River, classified WS-IV waters were impacted by sediment deposition measured to be at least six inches in depth throughout the stream reaches,representing Water Quality Stream Standard violation of 15A NCCAC 02B .0211 (12). II. 401 WQC Condition'Violations The WQC issued for the project impacts specifies that the activities must follow all conditions listed therein. The following condition violations were noted: r State of North Carolina 1 Environmental Quality I Water Resources 2090 U.S.Hwy 701 Swannanoa,North Carolina 29778 829 296 4500 Rutherford Solar Farm September 30,2016 \\ Page 2 of 3 1. Condition#1 -No Impacts.Beyond those Authorized in the Written Approval No waste, spoil,solids, or fill of any kind shall occur in wetlands,waters,or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification,as authorized in the written approval form the Division or beyond the thresholds established for use of this Certification,including incidental impacts. All construction activities,including the design,installation,operation,and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes,or rules occur. 2. Condition#2 -Standard Erosion and Sediment Control Practices 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. REQUEUD RESPONSE The DWR requests that you respond by the response deadline. Your response should be sent to _i the attention of Kevin Mitchell,Division of Water Resources, 2090 US HWY 70, Swannanoa, NC 28778 and should address the following items: 1. Stream Standard- Other Waste (in-Stream Sediment) a. Please provide a map of the project area. The map must include all streams and wetlands, detailing impacts both on- and off-site. b. Please submit a Sediment Removal Plan(Plan)to this office for review and approval. The Plan must address removal of accumulated sediment from all surface waters. You must secure an environmental consultant experienced in stream restoration to assist you with developing your Plan, and obtaining any necessary approvals, It is recommended that your consultant contact Kevin Mitchell of the Asheville Regional Office for additional guidance during Plan development. The Plan should include: • A narrative explaining how sediment will be removed including techniques, manpower and tools to be used. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. Rutherford Solar Farm September 30,2016 Page 3 of 3 o A diagram of the stream channel,referenced with photo documentation of sediment impacts before and after removal. a A narrative explaining how and where the removed sediment will be disposed and stabilized. • Please explain how turbidity standards will not be exceeded. c. Once the work is complete,a,final report documenting the results of the sediment removal activities should be submitted to Kevin Mitchell 2. 401 Water Quality Certification Condition Violations a. Please provide an explanation as to why the project has not maintained compliance with the Certification and the specific steps you will utilize to return the site to compliance with the Certification, specifically regarding: i. Compliance with Standard Erosion and Sediment Control Practices Thank you for your attention to this matter.This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Resources regarding — these issues and any future/continued violations that may be encountered. Your above- mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above,be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to$25,000.00 per day for each violation. Should you have any questions regarding these matters,please contact Kevin Mitchell at(828)296-4650 or kevin.mitchell@ncdenr.gov. Sincerely, ,r Zan Price,P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc: David Brown-USACE(email copy) Andrea Leslie--NCWRC(email copy) Stan Aiken-DEMLR(email copy) Karen Higgins -401 &Buffer Permtting Unit ARO File Copy G,1WR1WQWutherfordl40ts Non-DOTIRutherford Solar Parm1NOV 9.28.161NOV-2016-PC-0493-Rutherford Solar.09.30.16.doex PAT MCCRORY Governor R DONALD R. VAN DER VAART Secretary .vVaterResources _NVIRO MENTAL QUALITY S. JAY ZIMMERMAN Director October 26, 2016 DWR#16-0785 Buncombe County Hawthorne-Midway Turtle Creek LLC Attn: Ed Harrington 806 Green Valley Road, Suite 331 Greensboro, NC 27408 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Hawthorne South Slope Failure Repair Dear Mr. Harrington: You have our approval for the impacts listed below for the purpose described in your application dated August 2, 2016, and received by the Division of Water Resources (Division) on August 11, 2016, with subsequent information on September 22, 2016 and October 18, 2016. These impacts are covered by the attached Water Quality General Certification Number 3885 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Number 13 once it is issued to you by the U.S. army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certifications) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Streams' Impact S1 100 (Linear feet) - Impact S2 24 (linear feet) State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70 Swannanoa,North Carolina 28778 828 296 4500 Hawthorne South Slope Failure Reps, DWR#16-078s" 401 Approval Page 2 of 4 2. This approval is for the purpose and design described in your application and additional information provided. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certifications) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly after storm events) and vegetation is successful. Any failures of structures, streambanks, or vegetation may require future repairs or replacement, which requires coordination with the Asheville Regional Office to ensure the stability and water quality of the stream and downstream waters. [15A NCAC 02H .0506(b)(2) and (b)(3)] 4. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)] 5. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small animals. [15A NCAC 02H .0506(b)(2)] 6. The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded in receiving waters as described in 15 A NCAC 02B .0200. Appropriate sediment and erosion control practices must be used to meet this standard. [15A NCAC 02I3 .0200] 7. All temporary impacted areas shall be restored to pre-construction natural conditions upon completion of the project. Native vegetation shall be used for stream bank stabilization. [15A NCAC 02H .0506 (b)(2) and (c)(2)] 8. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Asheville Regional Office at 828.296.4500 and after hours and on weekends call (800)858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A] This approval and its conditions are final and binding unless contested. [G.S. 143-215.51 Hawthorne South Slope Failure Repair DWR#16-0785 401 Approval Page 3 of 4 This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. A petition form may obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Hawthorne South Slope Failure Rep,, DWR#16-078s 401Approval Page 4 of 4 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Zan Price at 828-296-4662 or zan.price@ncdenr.gov if you have any questions or concerns. Sincerely, NI remit.-- an Price, P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: 3885 Certificate of Completion cc: Thomas Kelley, PE—Civil Design Concepts, PA (via email) William Elliott— USACE Asheville Regulatory Field Office (via email) Andrea Leslie—NCWRC (via email) City of Asheville Stormwater Services (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit (via email) G:\WR\WQ\Buncombe\401s\Non-DOT\Hawthorne South Slope Failure Repair\APRVL.Hawthorne South Slope Failure.docx I, PAT MCCRORY Governor DONALD R. VAN DER VAART Water Resources Secretary ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN Director October 27,2016 CERTIFIED MAIL 7015 1520 0003 5463 1223 RETURN RECEIPT REQUESTED Mr. Steven Ross Triple R Dairy Farm 151 Bob Boyd Road Waynesville,North Carolina 28785 Subject: NOTICE OF VIOLATION/NOTICE OF RECOMMENDATION TO ENFORCE NOV-2016-PC-0519 Administrative Code 15A NCAC 2T.13 04 NCGS 143-215 et seq. &Section 402 of the Clean Water Act (Triple R Dairy Farm)Facility No.44-13,General Permit No.AWG200000 Certificate of Coverage No.AWC440013 Haywood County Dear Mr.Ross: On August 29, 2016 staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section(WQROS),responded to a complaint concerning a land application event for the Triple R Dairy Farm. As a result of this complaint investigation, you are hereby notified that, having been permitted to have a non- discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Cattle Waste Management System General Permit No.AWG200000 as follows: Violation: Failure to maintain buffer strips or other equivalent practices as specified in the facilities Certified Animal Waste Management Plan near feedlots, manure and feed storage areas and land application areas. Condition II. 20. (Operation and Maintenance Requirements)of Cattle Waste Management System General Permit No.AWG200000 On August 29, 2016 staff arrived on site at a land application field on Beantown Road in Haywood County. Employees of Triple R Dairy were land applying animal waste. The following buffers were not being maintained: 200 feet from residential dwellings not owned by the producer-Animal waste was applied within 200 feet of residences on Nottingham and Elderberry Lane. 25 feet from perennial streams — Animal waste was applied within 25 feet of an unnamed tributary to Beantown Creek. Required Corrective action for Violation: If you have not already done so,begin adhering to all buffer requirements. i State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70 I Swannanoa,North Carolina 28778 828 296 4500 Triple R Dairy October 27,2016 Page 2 Based on information provided to this office by the Haywood County Soil & Water Conservation District, the application field referenced in this Notice is included in Farm Service Agency maps. However, the field(s) on Beantown Road are not included in your Waste Utilization Plan (WUP). The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the following item on or before November 27,2016: Updated WUP You are required to provide a written response to this Notice within 10 days from receipt of this Notice. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. As a result of the violation in this Notice,this office is considering a recommendation for a civil penalty assessment to the Director of the Division. If you wish to present an explanation for the violation cited, or if you believe there are other factors,which should be considered,please send such information to me in writing within ten(10)days following receipt of this letter. Your response will be reviewed, and, if an enforcement action is still deemed appropriate,it will be forwarded to the Director and included for consideration. Failure to comply with conditions in a permit may result in a recommendation of enforcement action,to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Pursuant to G.S. 143-215.6A you may be assessed more than$10,000 per day for so long as the violation continues. If you have any questions concerning this Notice,please contact Beverly Price or me at(828)296-4500. .Landon ids ,P.G. Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc Christine Lawson,DWR Animal Operations Program Leslie Smathers,Haywood County SWCD Asheville Regional Office File G:\WR\WQ\Haywood\CAFOs\Triple R Dairy Farm\Word Docs\NOV(NRE)-2016-PC-0519.doc PAT MCCRORY Governor DONALD R. VAN DER VAART *" Secretary S. JAY ZIMMERMAN Director Water Resources ENVIRONMENTAL QUALITY October 27, 2016 CERTIFIED MAIL#70151520 0003 5463 1247 RETURN RECEIPT REQUESTED Carl B. Powell, Jr. Powell Industries,Inc. P.O.Box 65 Waynesville,NC28786 Subject: Notice of Intent to Enforce Powell Industries—Chipper Mill Wastewater Recycle System Permit No. WQ0015487 Haywood County Dear Mr. Powell: This letter is to advise you that this office is considering enforcement action regarding the violations cited in the Notice of Violation(NOV) dated June 28,2016,previously sent to you. We have reviewed the NOV response and do not feel that your response to corrective action item#2 (identify the nature of the hydraulic connection between the stormwater pond and Jonathan Creek) was sufficient. You indicated that representatives of Powell Industries have made extensive investigations of any possible connection between Pond#2 and Jonathan Creek. However,the investigations were not detailed in the response. If you wish to present an explanation for the violations cited,or if you believe there are other factors which should be considered, please send such information to me in writing within ten(10) days following receipt of this letter. Your response will be reviewed,and taken into consideration prior to assessment of any civil penalty. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70 I Swannanoa,North Carolina 28778 828 296 4500 Powell Industries,Inc. October 27, 2016 Page 2 If you have any questions concerning this matter, please contact Beverly Price or me at(828)296- 4685. Sincerely, G. Landon Davidson,P.G. Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDEQ Cc: WQS Asheville Regional Office-Enforcement File Non-Discharge Compliance/Enforcement Unit-Enforcement File G:\WR\WQ\Haywood\Wastewater\Non-discharge\Powell Industries,Inc.(Suncrest Chip Mill)\NOI(10-day Letter).doc PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary WaterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director October 27, 2016' DWR# 16-0961 McDowell County Tom Wohlgemuth 32 Woodmist Circle Coventry, RI 02816 Subject: APPROVAL OF 401 WATER QUALITY.CERTIFICATION WITH ADDITIONAL CONDITIONS Wohlgemuth 1066 Harborside Drive Dear Mr. Whohlgemuth: You have our approval for the impacts listed below for the purpose described in your application dated September 25, 2016, and received by the Division of Water Resources(Division) on October 6, 2016. These impacts are covered by the attached Water Quality General Certification Number 3898 and the additional conditions listed below. This certification is associated with the use of General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain any other federal, state or local permits before proceeding with your project, including those required by(but not limited to) Sediment and Erosion Control,Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit, and/or Buffer Rules are met. No other impacts'are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or(c)] Type of Impact Amount Approved Permanent Open Waters Above Pool I Below Pool 0.0341 (acres) 10.0122 (acres) 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and State of North Carolina 1 Environmental Quality I Water Resources 2090 U.S.Hwy.70 1 Swannanoa,North Carolina 28778 828 296 4500 Wohlgemuth 1066 Harborside Drn DWR#16-0961,� 401 Approval Page 2 of 4 General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. The proposed project must comply with the McDowell County local riparian buffer ordinance approved by the Division of Water Resources under the Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers, 15A NCAC 02B .0243(3)(b). 4. Stabilization techniques must meet the General Conditions listed in the Shoreline Stabilization Technique Selection Process found in Duke Energy's Shoreline Management Guidelines for the Catawba-Wateree river system 2006 Shoreline Management Plan. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding i official state holidays). The petition may be faxed to the OAH at(919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One (1) copy of the petition must also be served to DEQ: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,NC 27699-1601 Wohlgemuth 1066 Harborside Drive DWR# 16-0961 401 Approval Page 3 of 4 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Kevin Mitchell at 828-296-4650 or Kevin.mitchellnncdenr.g.ov if you have any questions or concerns. Sincerely, Zan Price, P.E.,Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3898 Certificate of Completion cc: William Elliott-USACE Asheville Regulatory Field Office (via email) Wade Harmon—Duke Energy (via email) Andrea Leslie—NCWRC (via email) Ron Harmon McDowell County Planning DWR ARO 401 files `._ 'DWR 401 and Buffer Permitting Unit(via email) G:\WR\WQ\McDowell\401s\Non-DOT\Wohlgemuth 1066 Harborside Drive\APRVL.Wohlgemuth 1066 Harborside Drive.10.27.2016.doex PAT MCCRORY Governor v DONALD R. VAN DER VAART Secretary -S. JAY ZIMMERMAN Water Resources ENVIRONMENTAL QUALITY Director October 28, 2016 Radford Thomas City of Lenoir PO Box 958 Lenoir,NC 28645-0958 Subject: Pretreatment Annual Report Review Gunpowder Creek WWTP Permit No:NCO023736 Caldwell County Dear Mr. Thomas: The Asheville Regional Office of the Division of Water Resources has reviewed the Pretreatment Annual Report(PAR) covering January through December 2015. This PAR was received on March 31, 2016 in the Asheville Regional Office. ()ur review indicates that the PAR is in good order and satisfies the requirements of 15A NCAC 2H .0908(b) and the Comprehensive Guidance for North Carolina Pretreatment Programs. The next PAR will be due March 1,2017. Thank you for your continued support of the Pretreatment Program. If you have any questions,please contact me at(828)296-4500 linda.wiggs(a,ncdenr.gov or Sarah Bass at(919) 807-6310 Sarah.Bass@ncdenr.gov or Monti Hassan, at(919) 807-6383 Monti.Hassan@ncdenr.gov. Sincerely, Linda Wiggs Environmental Senior Specialist Water Quality Regional Operations Asheville Regional Office cc: ARO Files MSC 1617-Central Files-Basement Sarah Bass,PERCS Unit G:\WR\WQ\Caldwell\Wastewater\Municipal\Gunpowder Creek 23736\Pretreatment\PARreview.LTR.2015.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 828 296 4500 PAT .MCCR.ORY C ovemor 4211 DONALD R. VAN DER VAART Water Resources S. JAY 71MMERMAN ENVIRONMENTAL QUALITY DirEockli' October 28, 2016 Lee Smith, Utilities Director City of Hendersonville 305 Williams Street Hendersonville, NC, 28792 Subject: Permit No. WQ0038840 City of Hendersonville Claystone Gravity Sewer Extension Wastewater Collection System Extension Permit Henderson County Dear Mr. Smith: In accordance with your application received October 20, 2016, and additional,information received on October 26, 2016, we are forwarding herewith Permit No. WQ0038840 dated October 28, 2016, to the City of Hendersonville(Permittee) for the construction and operation upon certification of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition IIA: This permit shall not be automatically transferable; a request must be made and approved. Condition IIA: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. It shall be responsibility of the Permittee to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made,this permit shall be final and binding. 2090 U.S.70 Highway,Swannanoa,NC 28778 Phone:828-296-4500\Internet:www.ncwaterguality.org An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper City of Hendersonville Permit No.WQ0038840 If you need additional information concerning this matter, please contact Tim Heim at(828) 296-4500 or via e-mail at tim.heim@ncdenr.gov. Sincerely, forS.Jay Zimmerman, P.G. Director, Division of Water Resources G..Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ cc: David W.Odom, P.E.-Odom Engineering, PLLLC(electronic copy) Regional Office Files Water Resources Central Files PERCS(electronic copy) G:\WR\WQ\Henderson\Collection Systems\Hendersonville WQCS00070\WQ0038840 Claystone Gravity Sewer Ext.docx Page 2 of 9 CO.Nl.- Environmental Quality WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,and other applicable Laws, Rules, and Regulations, permission is hereby granted to the City of Hendersonville Henderson County for the construction and operation of approximately 967 linear feet of 8-inch gravity sewer to serve 33 three-bedroom residences as part of the Claystone Gravity Sewer Extension project, and the discharge of 11,880 gallons per day of collected domestic wastewater into the Downstream Sewer Owner or WWTF Owner's existing sewerage system, pursuant to the application received October 20, 2016 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. —71 �r ~ forS.Jay Zimmerman, P.G. - Director, Division of Water Resources By Authority of The Environmental Management Commission Permit Number: WQ0038840 Permit Issued: October 28,2016 Page 3 of 9 SUPPLEMENT TO PERMIT COVER SHEET City of Hendersonville is hereby authorized to: Construct, and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the City of Hendersonville Wastewater Treatment Facility in accordance with Permit Number NC0025534. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T;the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions identified below. 1.STANDARD CONDITIONS 1. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. [15A NCAC 02T.0104; G.S 143-215.1(d3)] 2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. [15A NCAC 02T.0110] 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. [15A NCAC 02T.0110] 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required,the following performance criteria shall be met: [15A NCAC 02T.0108(b)]: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. Page 4 of 9 c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer Fines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 213 .0506(a), and public notice shall be provided as required by North Carolina General Statute§143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors,enforcement for violators and the legal means to control grease entering the system from other public and private satellite f- sewer systems. 2. For privately owned collection systems,the Grease Control Program shall include at least bi- annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows.. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. 5. The Permittee shall report by telephone to a water resources staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage,etc.; or b. Any SSO and/or spill over 1,000 gallons; or c. Any SSO and/or spill, regardless of volume,that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) Page 5of9 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. [G.S. 143- 215AC(a1)] 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. [15A NCAC 02T.0108(b)] 7. Upon completion of construction and prior to operation of these permitted facilities,the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: ' a. One copy of the project construction record drawings (plan & profile views of sewer lines & force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc. b. One copy of the supporting applicable design calculations including pipe and pump sizing, velocity, pump cycle times, and level control settings, pump station buoyancy, wet well storage, surge protection, detention time in the wet well, and force main, ability to flush low points in force mains with a pump cycle, and downstream sewer capacity analysis. If a portable power source or pump is dedicated to multiple stations, an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable power source or pump, include travel timeframes, shall be provided. c. Changes to the project that do not result in non-compliance with this permit, regulations, or the Minimum Design Criteria should be clearly identified on the record drawings, on the certification in the space provided, or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non-compliance with this permit (including pipe length increases of 10% or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the number/type of connections), regulations, or the Minimum Design Criteria. Requested Page 6 of 9 modifications or variances to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After-construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification &activation. [15A NCAC 02T.0116] 8. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined, a slope variance can be requested from the Division with firm supporting documentation. This shall be done through a permit modification with fee. Such variance requests will be evaluated on a case-by-case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification. [ 15A NCAC 02T.0105(n)] 9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. [15A NCAC 02T.0116] 10 failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. [15A NCAC 02T.0104; 15A NCAC 02T.0108(b-c)] 11. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. [15A NCAC 02T.0110; 15A NCAC 02T.0108(b)] 12. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by the Division any other Federal, State, or Local government agencies which have jurisdiction or obtaining other permits which maybe required by the Division or any other Federal, State,of Local government agencies. [G.S. 143-215.1(b)] Page 7 of 9 [THIS PAGE INTENTIALLY LEFT BLANK] Page 8 of 9 FAST TRACK SEWER ENGINEERING CERTIFICATION PERMITTEE: CITY OF HENDERSONVILLE PERMIT#: WQ0038840 PROJECT: CLAYSTONE GRAVITY SEWER EXTENSION ISSUE DATE: October 28,2016 This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the Division has received this Certification and all required supporting documentation. It should be submitted in a manner that documents the Division's receipt. Send the required documentation the Regional Supervisor, Water Quality Regional Operations Section at the address at the bottom. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up until a final certification is received. A Final Certification shall be a complete set of record drawings and design calculations regardless of whether partials have been submitted. PERMITTEE'S CERTIFICATION I,the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain. the wastewater collection system permitted herein or portions thereof. Printed Name,Title Signature Date ENGINEERS CERTIFICATION 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 Claystone Gravity Sewer Extension and location as referenced above for the above Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Resources' (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast- Track Permitting of Pump Stations and force Mains adopted June 1, 2000 as applicable; and other supporting materials. ........................................................................... North Carolina Professional Engineer's Seal w/signature &date: ❑ Final ❑ Partial(include description) :.......................................................................... Certification Comments/Qualifiers(attach if necessary): NC DWR—Water Quality Regional Operations Section 2090 US Hwy 70,Swannanoa, NC 28778 Asheville Regional Office Phone: (828)-296-4500 FAX: (828)-299-7043 A - ��.,\ �./� ,.-_..., �.:_�� ____. __ PAT MCCRORY Govemor R DONALD R. VAN DER VAART Secretary WaterResources ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN Director October 28, 2016 DWR# 16-0916 Buncombe County Lausch REI, LLC Attn: Erin Lausch 518 Spencer Mull Road Penrose, NC 28766 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Lausch S/D Dear Ms. Lausch`. You have our approval for the impacts listed below for the purpose described in your application dated September 19, 2016, and received by the Division of Water Resources (Division) on September 21, 2016.These impacts are covered by the attached Water Quality General Certification Numbers 3884 and 3890 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Numbers 12 and 18 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certifications) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Streams Impact S1 35 (linear feet) Impact S2 20 (linear feet) State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70 1 Swannanoa,North Carolina 28778 828 296 4500 Lausch S� DWR#16-091&� 401 Approval Page 2 of 4 Wetlands Impact W1 0.097 (acres) 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification(s) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. Stormwater Management Plan (SMP)Approval from the City of Asheville Required. You are required to provide one copy of the approved SMP, including plan details, with proof of the City of Asheville's approval. The approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) before any impacts authorized in this certification occur. After it is approved and submitted to the Division, the SMP may not be modified without prior written authorization from the City of Asheville. If the SMP is modified in the future, then you shall provide one modified SMP with proof of approval to the DWR 401 &Buffer Permitting Unit prior to the commencement of the modifications. [15A NCAC 02H .0506(b)(5)] � 4. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)] 5. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small animals. [15A NCAC 02H .0506(b)(2)] 6. All temporary impacted areas shall be restored to pre-construction natural conditions upon completion of the project. Native vegetation shall be used for stream bank stabilization. [15A NCAC 02H .0506 (b)(2) and (c)(2)] 7. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill,the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Asheville Regional Office at 828.296.4500 and after hours and on weekends call (800)858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A] �_ Lausch S/D DWR#16-0916 401 Approval Page 3 of 4 This approval and its conditions are final and binding unless contested. [G.S. 143-215.51 This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. A petition form maybe obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919)431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission.. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Lausch DWR#16-091&,, 401 Approval Page 4 of 4 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Zan Price at 828-296-4662 or zan.price@ncdenr.gov if you have any questions or concerns. Sincerely, an Price,P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3884 and 3890 Certificate of Completion cc: Clement Riddle—ClearWater Environmental (via email) William Elliott— USACE Asheville Regulatory Field Office (via email) Andrea Leslie-NCWRC (via email) City of Asheville Stormwater Services (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit (via email) G:\WR\WQ\Buncombe\401s\Non-DOT\Lausch Subdivision\AML.Lausch SD 10.28.2016.docx \`J PAT MCCRORY Governor DONALD R. VAN DER VAART Idea. Secretary WaterResources ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN Director October 31, 2016 Jeff Brown Tryon Equestrian Partners, LLC 4066 Pea Ridge Road Mill Spring,NC 28756 Subject: Incident Closure NOV-2015-PC-0230 Parcel P115-188 Polk County Dear Mr. Brown: The Division of Water Resources received the status report from ClearWater Environmental Consultants, Inc. dated October 26, 2016,related to the Notice of Violation and Recommendation for Enforcement NOV-2016-PC-0230. The written response, the stabilization of the slope above the stream channel,the removal of sediment from the stream channel,the seeding of the wetland, and the proposed wetland monitoring schedule have satisfactorily resolved the violations noted in the subject Notice of Violation and Recommendation for Enforcement. Your attention and cooperation is greatly appreciated. Should you have any questions regarding this matter or other water quality issues or concerns, please contact me at(828) 296-4684 or Andrew.W.Moorekgcdenr.gov. Sincerely, AL Aw,- Andrew Moore Environmental Specialist Water Quality Regional Operations Asheville Regional Office cc: Clement Riddle—ClearWater Environmental Consultants, Inc. (via email) Karen Higgins—401 and Buffer Permitting Unit ARO file G:\WR\WQ\Polk\401s\Non-DOT\TryonEquestrianCenter\2015 NOVs\CLO.NOV-2015-PC-0230.10-31-16.docx State of North Carolina Environmental Quality I Water Resources 2090 U.S.Hwy 70 Swannanoa,North Carolina 28778 828 296 4500 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary 1l aterReSources ,iNVIRONMENTAL QUALITY _ S. JAY ZIMMERMAN Director October 31, 2016 DWR# 16-0797 Caldwell County Steven and Debby Chaung 5395 Gunpowder Dr. Hickory,NC 28601 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Chaung-53 Gunpowder Drive Dear Mr. and Mrs. Chaung: You have our approval for the impacts listed below for the purpose described in your application dated July 15, 2016, and received by the Division of Water Resources (Division) on August 16, 2016, with additional information received via email on October 28, 2016. These impacts are covered by the attached Water Quality General Certification Number 3898 and the additional conditions listed below. This certification is associated with the use of General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control,Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit, and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or(c)] Type of Impact Amount Approved Permanent Open Waters Above Pool Below Pool 0.0528 (acres) +0-0078 (acres) 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70 1 Swannanoa,North Carolina 28778 828 296 4500 Chaung—53 Gunpowder Dr... DWR# 16-079't 401 Approval,\ Page 2 of 4 \ General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. Stabilization techniques must meet the General Conditions listed in the Shoreline Stabilization Technique Selection Process found in Duke Energy's Shoreline Management Guidelines for the Catawba-Wateree river system 2006 Shoreline Management Plan. 4. The Permittee shall replant the vegetation within temporarily disturbed areas located within 30 feet of the shoreline in an"in kind"manner immediately following construction. (Example: Disturbed areas with pre-existing grassed lawns can be replanted with grass or trees and woody vegetation. Disturbed areas with pre-existing trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre-existing forest vegetation must be replanted with forest vegetation including at least two different native hardwood tree species at a density sufficient to provide 260 trees per acre at maturity. This density can usually be achieved by planting approximately 436 (10 x 10 spacing)to 681 (8 x 8 spacing)trees per acre.) Replanting of trees/shrubs/forest must be completed by the first subsequent planting season(November 1 through March 30). Note, if the tree plantings do not survive,they will need to be replaced such that the density is sufficient to provide 260 trees per acre at maturity. [15A NCAC 02H .0507 (c)] 5. The access corridor(s)must be the minimum width required to get the construction equipment to the shoreline and shall not exceed 15 feet in width. The number of access corridors should be limited to the minimum number required to get the construction equipment to the shoreline (many times only a single corridor is required) and shall not exceed 2 corridor(s). The access corridor(s) should cross the buffer as close to perpendicular as practicable and disturbance to existing vegetation should be minimized. 6. The permitee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and(c)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH Chaung—53 Gunpowder Drive DWR# 16-0797 401 Approval Page 3 of 4 during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919)431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five(5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One (1) copy of the petition must also be served to DEQ: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,NC 27699-1601 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15ANCAC 02H .0500. Please contact Kevin Mitchell at 828-296-4650 or Kevin.mitchellgncdenr.gov if you have any questions or concerns. Sincerely, Z Price, P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3898 Certificate of Completion Chaung—53 Gunpowder Dri, DWR# 16-0V9 , 401 Approval Page 4 of 4 cc: William Elliott-USACE Asheville Regulatory Field Office (via email) Wade Harmon—Duke Energy(via email) Andrea Leslie-NCWRC (via email) Caldwell County Planning DWR ARO 401 files DWR 401 and Buffer Permitting Unit(via email) G:\WR\WQ\Caldwell\401sWon-DOT\Chaung-53 Gunpowder Drive\APRVL.401.Chaung-53 Gunpowder Drive 10.31.2016.doex PAT MCCRORY Govemor DONALD R. VAN DER VAART Idep. Secretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director October 31, 2016 Jacob Goforth Hill 408 Village Rd Fairview,NC 28730 Bruce Goforth 137 Stonecrest Dr. Asheville,NC 28803 Subject: Incident Closure Lot 5 Wilson Road- Goforth NOV-2016-PC-0402 Buncombe County Dear Mr. Hill and Mr. Goforth: The Division of Water Resources conducted a site inspection of the subject property on October 28, 2016,related to the Notice of Violation and Recommendation for Enforcement NOV-2016 PC-0402. The written response and restoration activities performed have satisfactorily resolved the violations noted in the subject Notice of Violation and Recommendation for Enforcement. Your attention and cooperation is greatly appreciated. Should you have any questions regarding this matter or other water quality issues or concerns,please contact me at(828) 296-4650 or kevin.mitchellkncdenr�ov. Sincerely, Kevin Mitchell Environmental Specialist Water Quality Regional Operations Asheville Regional Office cc: William Elliott—USACE (email) Stan Aiken—DEMLR(email) Andrea Leslie—NCWRC (email) Doug Sharp—Buncombe County(email) ARO File Copy G:\WR\WQ\Buncombe\Complaints\201601372 James Lee Drive Goforth\CLO.NOV-2016-K-0402 Lot 5 Wilson Road-Goforth.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S Hwy 70 1 Swannanoa,North Carolina 28778 828 296 4500 PAT MCCRORY x Governor DONALD R. VAN DER VAART Secretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director October 31, 2016 Gary Jensen The Switzerland Inn PO Box 399 Little Switzerland,NC 28749 SUBJECT: Compliance Evaluation Inspection The Switzerland Inn Permit No: NCO030996 McDowell County Dear Mr. Jensen: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on October 24, 2016. The facility appeared to be in compliance with permit NC0030996. Please refer to the enclosed inspection report for detailed observations and comments. If you or your staff have any questions,please call me at 828-296-4500. Sincerely, Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enc.Inspection Report cc: Bobby Kramer,ORC(e-copy) MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\McDowell\Wastewater\Minors\Switzerland Inn 30996\10-24-2016 InspectiokEI.10-24-2016.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 828 296 4500 United States Environmental Protection Agency Form Approved. r'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 '^' I 2 15 1 3 I NCO030996 I11 12 16/10/24 17 18 I C I 19 [G 201 211 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----------------------Reserved------------------ 67 70 71 I I 72 N � 73I 74 751 I I I I I I I80 Section B:Facility Data t_I I I Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 01:00PM 16/10/24 15/04/01 The Switzerland Inn 226a Blue Ridge Pkwy Exit Time/Date Permit Expiration Date Little Switzerland NC 28749 03:00PM 16/10/24 19/12/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Gary Jensen,PO Box 399 Little Switzerland NC 28749#828-765-21531 Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit ® Flow Measurement ® 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 Linda S Wiggs�5 ARO WQ//828-296-4500 Ext.4653/ Signature of Ma gerrj�rt Q A Reviewer Agency/Office/Phone and Fax Numbers Date. i-0 o -7-4A' l EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (Cont.) 31 NCO030996 I11 12 16/10/24 17 18 I r Section D.'Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Inspector, Linda Wiggs, met onsite with the Owner, Gary Jensen, and the ORC, Bobby Kramer. Several chambers of the grease trap and the septic tank were observed. An evaluation of the floating scum/grease and settled solids levels need to be performed on all tanks and their associated chambers to determine pumping needs.The facility closes for the winter, giving ample opportunity for maintenance needs. The owner stated this year he would like to seal select chambers in the tanks for maintenance. He also stated that the two dosing bells had recently been replaced. The sand in the sand filter was replaced —5 years ago. The distribution lines are repaired/replaced regularly/annually as needed. The chlorine contact chamber will need solids removed this winter. It also needs to be considered for structural improvements. The most notable areas observed were the corroded weir and the cinder block sides. The cinder block sides are not contiguous allowing for stormwater and associated debris/soils to be carried into the chamber during rain events. We also discussed the level of chlorine tablets in comparison to the de-chlorination tablets with regard to possible toxic effects and refining the usage based on some process control TRC readings. Page# 2 Permit: NCO030996 Owner-Facility: The Switzerland Inn ,nspection Date: 10/24/2016 Inspection Type: Compliance Evaluation Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? M ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable ❑ ❑ ® ❑ Solids, pH, DO,Sludge Judge,and other that are applicable? Comment: 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? 0 ❑ ❑ ❑ #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: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ❑ ❑ ❑ Is all required information readily available,complete and current? ❑ ❑ ❑ Are all records maintained for 3 years(lab. reg. required 5 years)? ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? ❑ ❑ ❑ Is the chain-of-custody complete? ❑ ❑ ❑ M Dates,times and location of sampling ❑ Name of individual performing the sampling ❑ Results.of analysis and calibration ❑ Dates of analysis ❑ Name of person performing analyses ❑ Transported COCs - ❑ . Are DMRs complete: do they include all permit parameters? ® ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ❑ ❑ ® ❑ (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? ® ❑ ❑ ❑ 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? ! ❑ ❑ ❑ Page# 3 Permit: NCO030996 Owner-Facility: The Switzerland Inn Inspection Date: 1 0/2412 0 1 6 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ® ❑ Comment: Grease Removal Yes No NA NE #Is automatic grease removal present? ® ❑ ❑ ❑ Is grease removal operating properly? ® ❑ ❑ ❑ Comment: Large grease trap is in use. The owner and ORC state grease is not an issue at the sandfilter. Septic Tank Yes No NA NE (If pumps are used) Is an audible and visual alarm operational? ❑ ❑ ® ❑ Is septic tank pumped on a schedule? ® ❑ ❑ ❑ Are pumps or syphons operating properly? ® ❑ ❑ ❑ Are high and low water alarms operating properly? ❑ ❑ ® ❑ Comment: An evaluation of the floating scum/grease and settled solids levels need to be performed on all tanks and their associated chambers to determine pumping needs. See summary.;/ Sand Filters (Low rate) Yes No NA NE (If pumps are used) Is an audible and visible alarm Present and operational? ❑ ❑ ® ❑ Is the distribution box level and watertight? ❑ ® ❑ ❑ Is sand filter free of ponding? ■ ❑ ❑ ❑ Is the sand filter effluent re-circulated at a valid ratio? ❑ ❑ ® ❑ #Is the sand filter surface free of algae or excessive vegetation? ® ❑ ❑ ❑ #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) ❑ ❑ ® ❑ Comment: A distribution box is present but has not been used in years according to owner. Sand was replaced -5 years ago. Distribution lines are replace regularly. —1-2 years. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ ❑ ❑ Are the tablets the proper size and type? ® ❑ ❑ ❑ Number of tubes in use? 1 Is the level of chlorine residual acceptable? ❑ ❑ ,❑ O \ is the contact chamber free of growth, or sludge buildup? ❑ ® ❑ ❑ Page# 4 Permit: NC0030996 Owner-Facility: The Switzerland Inn Inspection Date: 110/24/2016 Inspection Type: Compliance Evaluation Disinfection-Tablet Yes No NA NE Is there chlorine residual prior to de-chlorination? ❑ ❑ ❑ Comment: Contact chamber had —6"of buildup. See summary. De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ ® ❑ ❑ Is storage appropriate for cylinders? ❑ ❑ ® ❑ #Is de-chlorination substance stored away from chlorine containers? ® ❑ ❑ ❑ Are the tablets the proper size and type? ® ❑ ❑ ❑ Comment: Two tubes of de-chlorination in use to one tube chlorination. Are tablet de-chlorinators operational? ® ❑ ❑ ❑ 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? ® ❑ ❑ ❑ If effluent (diffuser jpipes are required) are they operating properly? ❑ ❑ ® ❑ Comment: Page# 5 PAT MCCRORY" t:�. Governor DONALD R. VAN DER VAART Secretary Water Resources ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN Director October 31,2016 CERTIFIED MAIL 70151520 0003 5463 1261 RETURN RECEIPT REQUESTED Mr. George A.(Tony)Nesbitt P.O.Box 936 Fletcher,NC North Carolina 28732 Subject: NOTICE OF VIOLATION NOV-2016-PC-0529 Administrative Code 15A NCAC 2T.13 04 (T&C Dairy)Facility No. 11-6 General Permit No.AWG200000 Certificate of Coverage No.AWC110006 Buncombe County Dear Mr.Nesbitt: On September 28, 2016, staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section(WQROS),inspected the T&C Dairy Farm and the permitted waste disposal system. We wish to thank you for assisting during the inspection. As a result of this inspection,you are hereby notified that,having been permitted to have a non-discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T .1304,you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Cattle Waste Management System General Permit No.AWG200000 as follows: Violation 1 Failure to collect a waste analysis within 60 days (before or after) of the date of application in accordance with Condition III. 5.of the Cattle Waste Management System General Permit No.AWG200000. On September 28, 2016, staff completed a records review and found that there were no waste analyses to cover the Winter 2015 or Spring 2016 applications. Required Corrective action for Violation 1: In the future,you must collect waste samples within 60 days(before or after)of application. Violation 2: Failure to only apply waste to areas included in the Waste Utilization Plan(WUP) in accordance with Condition 11. 2. of the Cattle Waste Management System General Permit No.AWG200000. On September 28,2016 staff noted during a site visit to the application fields, that not all fields are included in the WUP. Required Corrective Action for Violation 2: Please update the WUP to include all gelds that receive animal waste. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70 I Swannanoa,North Carolina 28778 828 296 4500 Violation 3: Failure to make "major changes", "revisions" or "amendments" to the WUP, as defined in Section VII, "Definitions", of the General Permit, in order to address any changes needed to maintain compliance with the Certificate Of Coverage and the General Permit. "Major changes",revisions" and"amendments"to the WUP must be documented, dated, and included as part of the WUP in accordance with Condition I. 3. of the Cattle Waste Management System General Permit No.AWG200000. On September 28, 2016 staff noted during the records review that the WUP had not been updated to include the change in crops(corn silage/winter wheat to vegetables)and the removal of the irrigation system for the GA Nesbitt field. Required Corrective Action for Violation 3: Please update the WUP to reflect current crops and application methods. The Division of Water Resources requests that, in addition to the specified corrective action above, please submit the following items within 30 days of receipt of this Notice: 1. A copy of the updated WUP 2. Updated lease agreements for land application fields. You are required to take any necessary action to correct the above violations and to provide a written response within 30 days of receipt of this Notice. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. Failure to comply with the State's rules, in the manner and time specified,may result in the assessment of additional - civil penalties and/or the use of other enforcement mechanisms available to the State. Failure to comply with conditions in a permit may result in a recommendation of enforcement action,to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. If you have any questions concerning this Notice,please contact Beverly Price or me at(828)296-4500. Sincerely, G.Landon Davidson,P.G. Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc: Christine Lawson,DWR Animal Operations Program Gary Higgins,Buncombe County SWCD Asheville Regional Office File G:\WR\WQ\Buncombe\CAF0s\T&C Dairy\CEI.09-28-16-NOV-2016-PC-0529.doc �rxPC Certified Mail#7014 0510 0000 4466 4187 Return Receipt Requested October 31,2016 Ed Burchins, Town Administrator Town of Andrews PO Box 1210 Andrews,NC 28901 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6) and NPDES WW Permit No.NCO020800 Town of Andrews Andrews WWTP Case No. LV-2016-0222 Cherokee County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$429.12 ($312.50 civil penalty+ $116.62 enforcement costs)against Town of Andrews. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by Town of Andrews for the month of May 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.NC0020800. The violations, which occurred in May 2016,are summarized in Attachment A to this letter. Based upon the above facts,I conclude as a matter of law that Town of Andrews violated the terms, conditions or requirements of NPDES WW Permit No.NCO020800 and G.S. 143-215.1(a)(6)in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2),a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources,I, G.Landon Davidson, P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Town of Andrews: State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 $312.50 1 of the 1 violations of 143-215.1(a)(6)and Permit NO.NC0020800,by discharging waste wa, the waters of the State in violation of the Permit Weekly Geometric Mean for FCOLI BR. $312.50 TOTAL CIVIL PENALTY �\ $116.62 Enforcement Costs $429.12 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty(30)days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver forme). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit,payment to the attention of- Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 2: Submit a written request for remission or mitigation including a detailed justification for such lest: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted,and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for farther appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore,it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty(30)days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Option 3: File a petition for an administrative hearinj 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 administra, hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition v, 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 DEQ as follows: Mr. Sam M.Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter)on the petition. Failure to exercise one of the options above within thirty(30)days of receipt of this letter, as evidenced by an internal date/time received stamp(not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at(828)296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G.Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office-Enforcement File j NPDES Compliance/Enforcement Unit-Enforcement File G:'%.14`f-%WQiChei 16-02.22.[tr JUSTIFICATION FOR REMISSION REQUEST rase Number: LV-2016-0222 County: Cherokee Assessed Party: Town of Andrews Permit No.: NCO020800 Amount Assessed: $429.12 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure.for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation,including copies of supporting documents,as to why the factor applies(attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were wrongfully applied to the detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF CHEROKEE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Town of Andrews ) Andrews WWTP ) PERMIT NO.NC0020800 ) CASE NO. LV-2016-0222 Having been assessed civil penalties totaling$429.12 for violation(s)as set forth in the assessment document of the Division of Water Resources dated October 31,2016,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice of assessment., No new evidence in support of a remission request will be allowed after(30)days from the receipt of the notice of assessment. This the day of ,20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Town of Andrews CASE NUMBER: LV-2016-0222 cRMIT: NCO020800 REGION: Asheville FACILITY: Andrews WWTP COUNTY: Cherokee LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 -Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 5/7/2016 5-2016 Coliform,fecal MF, 5 X week #/100ml 400 509.50 27.4 Weekly $312.50 MFC Broth,44.5 C Geometric Mean Exceeded om- tin Certified Mail#7014 0510 0000 4466 4170 Return Receipt Requested October 31, 2016 James Rice Eaven Brice Partnership 329 Emma Rd Asheville,NC 28806 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6) and NPDES WW Permit No.NCO067342 Eaven Brice Partnership North View Mobile Home Park WWTP Case No. LV-2016-0221 Buncombe County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$516.62($400.00 civil penalty+ $116.62 enforcement costs)against Eaven Brice Partnership. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by Eaven Brice Partnership for the month of June 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.NC0067342. The violations,which occurred in June 2016, are summarized in Attachment A to this letter. Based upon the above facts,I conclude as a matter of law that Eaven Brice Partnership violated the terms, conditions or requirements of NPDES WW Permit No.NCO067342 and G.S. 143-215.1(a)(6)in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2),a civil penalty may be assessed. against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources,I,G.Landon Davidson, P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Eaven Brice Partnership: State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 $400.00 2_of the 2 violations of 143-215.1(a)(6)and Permit No.NC0067342,by discharging waste wa%" the waters of the State in violation of the Permit Daily Maximum for BOD - Conc. $400.00 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $516.62 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty 1 have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty(30)days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of. Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 2: Submit a written request for remission or mitigation including a detailed justification for such zst: .Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted,and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)was wrongfully Applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing,and Stipulation of Facts"form within thh1y(30)days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Option 3: File a petition for an administrative hearinLy 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 administra., hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition ti. the Office of Administrative Hearings within thirty(30)days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions)-provided the signed original, one(1)copy and a filing fee(if a filing fee is required by NCGS §15013-23.2)is received in the Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)431-3000 Fax: (919)431-3100 One(1)copy of the petition must also be served on DEQ as follows: Mr. Sam M.Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. - Failure to exercise one of the options above within thirty(30)days of receipt of this letter, as evidenced by an internal date/time received stamp(not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at(828)296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson, P.G.,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office-Enforcement File NPDES Compliance/Enforcement Unit-Enforcement File G:\WR\WQ\Buncombe\Wastewater\Minors\North View MIP 67342\LV-2016-0221.rtf JUSTIFICATION FOR REMISSION REQUEST ase Number: LV-2016-0221 County: Buncombe Assessed Party: James Rice/Eaven Brice Partnership Permit No.: NCO067342 Amount Assessed: $516.62 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and is of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies(attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were wrongfully applied to the detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALIT, COUNTY OF BUNCOMBE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Eaven Brice Partnership ) North View Mobile Home Park ) PERMIT NO.NCO067342 ) CASE NO. LV-2016-0221 Having been assessed civil penalties totaling$516.62 for violation(s)as set forth in the assessment document of the Division of Water Resources dated October 31,2016,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the notice of assessment. This the day of ,20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Eaven Brice Partnership CASE NUMBER: LV-2016-0221 c'RMIT: NCO067342 REGION: Asheville FACILITY: North View Mobile Home Park COUNTY: Buncombe LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 -Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 6/16/2016 6-2016 BOD, 5-Day(20 Deg. Weekly mg/I 45 63 40.0 Daily Maximum $200.00 C)-Concentration Exceeded 6/23/2016 6-2016 BOD, 5-Day(20 Deg. Weekly mg/I 45 64 42.2 Daily Maximum $200.00 C)-Concentration Exceeded �\ /,__._, i, 7 �. FNPT� 1t `ID�1✓RAd4R � r Certified Mail#7014 0510 0000 4466 4163 Return Receipt Requested October 31, 2016 Doug Barrick Town of Rutherfordton 129 N Main St Rutherfordton,NC 28139 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute(G.S) 143-215.1(a)(6) and NPDES WW Permit No.NCO025909 Town of Rutherfordton Rutherfordton WWTP Case No. LV-2016-0220 Rutherford County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$366.62($250.00 civil penalty+ $1 I6.62 enforcement costs)against Town of Rutherfordton. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by Town of Rutherfordton for the month of June 2016. This review has shown the subject facility to be,in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.NC0025909. The violations,which occurred in June 2016, are summarized in Attachment A to this letter. Based upon the above facts,I conclude as a matter of law that Town of Rutherfordton violated the terms, conditions or requirements of NPDES WW Permit No.NCO025909 and G.S. 143-215.1(a)(6)in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2),a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources,I, G. Landon Davidson, P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Town of Rutherfordton: State of North Carolina ( Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 $250.00 1 of the 1 violations of 143-215.1(a)(6)and Permit NO.NC0025909,by discharging waste wa,. the waters of the State in violation of the Permit Weekly Geometric Mean for FCOLI BR. $250.00 TOTAL CIVIL PENALTY . $116.62 Enforcement Costs $366.62 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty(30) days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of. Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 -z: Submit a written request for remission or mitigation including a detailed justification for such At: Tease be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted,and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or aresult of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the. original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission you must complete and submit the enclosed"Request for Remission of Civil Penalties Waiver of Right to an Administrative Hearin,and Stipulation of Facts"form within thirty(30)days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administra. hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition t. 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 maybe 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 DEQ as follows: Mr. Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter)on the petition. Failure to exercise one of the options above within thirty(30)days of receipt of this letter, as evidenced by an internal date/time received stamp(not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at(828)296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G.Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office-Enforcement File NPDES Compliance/Enforcement Unit-Enforcement File G:\WR\WQ\Rutherford\Wastewater\Municipal\Rutherfordton WWTP 25909EV-2016-0220.rtf JUSTIFICATION FOR REMISSION REQUEST ase Number: LV-2016-0220 County: Rutherford Assessed Party: Town of Rutherfordton Permit No.: NCO025909 Amount Assessed: $366.62 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation,including copies of supporting documents,as to why the factor applies(attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALIT COUNTY OF RUTHERFORD IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Town of Rutherfordton ) Rutherfordton WWTP ) PERMIT NO.NCO025909 ) CASE NO. LV-2016-0220 Having been assessed civil penalties totaling$366.62 for violation(s)as set forth in the assessment document of the Division of Water Resources dated October 31,2016,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the notice of assessment. This the day of ,20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Town of Rutherfordton CASE NUMBER: LV-2016-0220 �RMIT: NCO025909 REGION: Asheville FACILITY: Rutherfordton WWTP COUNTY: Rutherford LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 -Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 6/11/2016 6-2016 Coliform, Fecal MF, 3 X week #/100ml 400 612.10 53.0 Weekly $250.00 MFC Broth,44.5 C Geometric Mean Exceeded �\ �1. �' _/ _. _ FkkT CR1 R* : I. ITZST Certified Mail#7014 0510 0000 4466 4156 Return Receipt Requested October 31, 2016 Thomas W Kilpatrick Etowah Sewer Company PO Box 1659 Etowah,NC 28729 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6) and NPDES WW Permit No.NCO071323 Etowah Sewer Company Etowah Sewer Company WWTP Case No. LV-2016-0219 Henderson County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$916.62($800.00 civil penalty+ $116.62 enforcement costs)against Etowah Sewer Company. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by Etowah Sewer Company for the month of June 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.NC0071323. The violations,which occurred in June 2016, are summarized in Attachment A to this letter. Based upon the above facts,I conclude as a matter of law that Etowah Sewer Company violated the terms,conditions or requirements of NPDES WW Permit No.N00071323 and G.S. 143-215.1(a)(6)in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2),a civil penalty maybe assessed against any person who violates the terms,conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources,I, G.Landon Davidson, P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Etowah Sewer Company: State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 $200.00 2 of the 2 violations of 143-215.1(a)(6)and Permit NO.NC0071323,by discharging waste wa., the waters of the State in violation of the Permit Daily Maximum for BOD - Conc. $100.00 1 of the 1 violations of 143-215.1(a)(6)and Permit NO.NC0071323,by discharging waste water into '-' the waters of the State in violation of the Permit Daily Maximum for FCOLI BR. $500.00 1 of the 1 violations of 143-215.l(a)(6)and Permit NO.NC0071323,by discharging waste water into the waters of the State in violation of the Permit Monthly Average for BOD- Cone. $800.00 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $916.62 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and, (8) The cost to the State of the enforcement procedures. Within thirty(30)days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option l: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 L: Submit a written request for remission or mitigation including a detailed justification for such est: 'lease be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted,and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties Waiver of Right to an Administrative Hearing and Stipulation of Facts"form within thirty(30)days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administra., hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition ti 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)43 1-3 000 Fax: (919)431-3100 One(1)copy of the petition must also be served on DEQ as follows: Mr. Sam M.Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,North Carolina 27699-1601 ' Please indicate the case number(as found on page one of this letter)on the petition. Failure to exercise one of the options above within thirty(30)days of receipt of this letter, as evidenced by an internal date/time received stamp(not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at(828)296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G.Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office-Enforcement File NPDES Compliance/Enforcement Unit-Enforcement File C.i'`A4'FZ\tiVQ:Hendersru\1t:';ts[aw:�ter.\Gni,r:E-tew:dt Sewer;1:3°;:.L.V-Zlito-(}�l�?.tt' JUSTIFICATION FOR REMISSION REQUEST ,ase Number: LV-2016-0219 County: Henderson Assessed Party: Etowah Sewer Company Permit No.: NC0071323 Amount Assessed: $916.62 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty'assessment document. Pursuant to N.C.G.S. § 14313-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies(attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALIT. COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Etowah Sewer Company ) Etowah Sewer Company WWTP ) PERMIT NO.NCO071323 ) CASE NO. LV-2016-0219 Having been assessed civil penalties totaling$916.62 for violation(s)as set forth in the assessment document of the Division of Water Resources dated October 31,2016,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the notice of assessment. This the day of ,20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Etowah Sewer Company CASE NUMBER: LV-2016-0219 _RMIT: NCO071323 REGION: Asheville FACILITY: Etowah Sewer Company WWTP COUNTY: Henderson LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 -Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount 6/2/2016 6-2016 BOD, 5-Day(20 Deg. Weekly mg/1 45 66 46.7 Daily Maximum $100.00 C)-Concentration Exceeded 6/9/2016 6-2016 BOD, 5-Day(20 Deg. Weekly mg/1 45 70 55.6 Daily Maximum $100.00 C)-Concentration Exceeded 6/30/2016 6-2016 BOD,5-Day(20 Deg. Weekly mg/I 30 42.60 42.0 Monthly $500.00 C)-Concentration Average Exceeded 6/2/2016 6-2016 Coliform, Fecal MF, Weekly #/100ml 400 600' 50.0 Daily Maximum $100.00 MFC Broth,44.5 C Exceeded �_ t y/i 9