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HomeMy WebLinkAboutDWR 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
,�
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__
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
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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 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.
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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
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,'
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
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[ 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
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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.
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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
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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.
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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
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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
\\
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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.
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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
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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
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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,
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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".;
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care�Ilnaroprsdwater� trrds..Thcreiore ypur water�d he used for flitiI6I1T€�t cdk#ngr
di-ye'sr b4thltl%,or �Ck'i�,`4it�,�'[ItC�t+: � _
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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
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PAT MCCRORY
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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,
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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
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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
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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 �.....,_-------
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por more otfvrmadon regardling,y©tdr tvell water restilts,Please call she North CarolinaDivislon of Public Public Health at 0I9-707.5900.
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Well Water Biological .nalysIs .esu.ts & Recommendations
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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
_-- --_
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__
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
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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
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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. Thee £
a fects of exposure to`a biological contaminant
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PAT MCCRORY
tr
Governor
DONALD R. VAN DER VAART
Secretary
Water Pesources S. 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
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PrivW 11 Information
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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.
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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
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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 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. How to disinfect your-water and your well:
www.dehenr.state.nc.uslwelldisinf.htm
• Disinfect your auelL You;maywant to eontaot,`a www ncwdidriller.org/documents/
i
` DlsinfectaWaferWell_rev200T-6.ptff .
well professionalto disinfect or chiorinate your `
Well, or contact the environrnenta[ health �0ogram
at your local health departm nt,for iristract©ns,on
how to do yourself
This fact sheef answers the most frequently asked.
40
heaith u stions FA a
Be sample and re test k wefi water after'�� q ( Qa bout Coliform t�aeterra �
NNOchlorinatin it Thts riiormatiori is imp ant _ some coiiforr
g
haeria have tha potat to cause illness: Th ����
- fcts of exposure to a biological contaminant
a t weer depend ory. a dose;duration
are ex sed, personal traits arad hat�its, and �� typ5 e of biologrcal contarrtr np
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_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)
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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
/�-_./
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'...` _/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
�_
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_ _
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
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North Carolina CooperatiN a Ex—tension SerNice
er Yuafity
ante Management
Lead in Drinking Water
Prepared by:
Mary Beth St. Clair, Extension Toxicology Specialist
and
Sandra A. 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
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;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
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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.
Paae 3 of 3
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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
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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
,.
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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.
Paoe 1 of 1
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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,
�'_' ""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
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�m '*��G.iwr�.�� .v �1 �.'�'r'x�"i�it :, •� x�. � t �F ��, ���� ��� -� - - '.
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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.
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'! 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
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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
\\
�\_
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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,
�\
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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
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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
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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.
Sincerely,
0
Brett La`vty
Water Quality Regional Operations
Asheville Regional Office
�V
Attachment: North Carolina:Introduction to water supply wells
cc: ARO file
Seth Swift-Henderson County Health Department
John Brooks-NC Department of Health and Human Services
Scott Sheppard Lloyd Griffin Drive resident
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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
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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
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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
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