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HomeMy WebLinkAboutMacon Co. Dams_20200615 NOV - 9 2009 L�- NCDENR I North Carolina Department of Environment and Natural Resources2 IALITY SECTION A 1-:-\ I! LF r-GIONAL OFFICE Division of Land Resources -. .-- ---- Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue;Governor- - Director and State Geologist Dee Freeman,Secretary November 3, 2009 Mr. Samuel R. Strickland,PE S&G Engineering Services, Inc. 82 Rocky Lane Sylva, North Carolina 28779 RE: Lake Charles Dam Macon County MACON-031 H Dear Mr. Strickland: A review has been made of the Preliminary Report dated July 15, 2009 and received by this office on September 2, 2009 for the referenced dam. We concur with the concepts outlined in this report with the following guidelines: 1. Please verify the contact information herein for S&G Engineering Services,Inc. The address in Sylva,North Carolina was found at the Department of the Secretary of State office. A phone number provided may also speed up the process of obtaining a permit. 2. It appears that your assumptions on the watershed are reasonable. With . these assumptions, and other data, the spillway system must be able to pass the 1/3 PMP without overtopping the dam. Please provide design calculations demonstrating that the proposed spillway system meets the minimum criteria outlined in NCAC, 15A, 2K, .0205. 3. . The emergency spillway must outlet below the toe of the dam. 4. All items mentioned in the Notice of Inspection with Maintenance letter dated January 7, 2009 appear that they will be addressed in the final design report. 5. An emergency action plan(EAP) and an operation and maintenance (O&M)plan are required for all high hazard dams. The O&M plan should address routine 1612 Mail Service Center,Raleigh,North Carolina 27699-1612 • Telephone 919-733-4574/FAX 919-733-2876 512 North Salisbury Street, Raleigh,North Carolina,27604•Internet:http://www.dlr.enr.state.nc.us/pages/Iandqualitysection.htmi Mr. Strickland November 3, 2009 Page 2 of 2 maintenance, frequency of piezometer readings, frequency of inspections by the owner or the owner's representative, and annual operation of the bottom drain to ensure that it is functional. You may wish to contact the local Division of Emergency Management for assistance in developing the EAP. These items may be submitted after an approval to construct is issued,but they must be received prior to issuance of an approval to impound. Before beginning repair work on the referenced dam, 2 sets of plans and specifications for repair work must be filed with the Division of Land Resources for approval pursuant to Title 15A, Subchapter 2K of the North Carolina Administrative Code. Please contact Ms. Janet Boyer, PE, Land Quality Regional Engineer, at telephone number (828) 296-4500 or me at telephone number(919) 733-4574 should you have any questions concerning this matter. We look forward to receiving final design documents from you. Sincerely, Tami V. Idol;EI- Assistant State Dam Safety Engineer Land Quality Section cc: Mr. Michael and Ms. Barbara Williams, Owners Ms..Janet Boyer,PE, Land Quality Regional Engineer DWQ Regionai7=Suery sx or File Name:MACON-031 20091102 APDR y low NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue,Governor Director and State Geologist Dee Freeman,Secretary February 22,2010 D E C U Mr. Michael Williams o 130 Wild Oaks Drive, 2 6 2010 Daphine,Alabama 36526 L RE: Lake Charles Dam WATER QUALITY SECTION Macon County L ASHEVILLE REGIONAL OFFICE State Dam ID: MACON-031 Dear Mr. Williams: This is to acknowledge receipt of your application dated January 15,2010 for the repair of the subject dam. The application was received in our office on February 16,2010. Applications requiring an approval to repair a dam will be reviewed by this office in the order they are received, except that existing high hazard potential dams with known safety problems will be prioritized. We endeavor to respond to applications within 60 days of receipt of the application. Please contact Ms.Janet Boyer,Regional Engineer,Land Quality Section,2090 U.S.Highway 70, Swannanoa,North Carolina 28778,telephone number(828)296-4500, or me at telephone number(919) 733-4574 should you have any questions concerning this matter. Sincerely, Steven M.McEvoy, E State Dam Safety En eer Land Quality Section SMM/JCR cc: Mr. Samuel R. Strickland,PE,Design Engineer—S and G Engineering Services,Inc. Ms. Janet Boyer,PE, Land Quality Regional Engineer Surface-Water-Protection Supervisor- File Name:MACON-031 20100222 RECT Lake Charles-repair 1612 Mail Service Center,Raleigh,North Carolina 27699-1612 • Telephone 919-733-4574/FAX:919-733-2876 512 North Salisbury Street,Raleigh,North Carolina,27604•Inter'het http://www.dlr.enr.state.nc.us/pages/landqualitysection.html NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman,Secretary April 1, 2010 Mr. Samuel R. Strickland,PELD S and G Engineering Services A P _ ] 2010 82 Rocky Lane Sylva, North Carolina 28779 WAl ER O UELITY SECTION Air: `/IL R l L O' FiCE RE: Lake Charles Darnf - `N Macon County State Dam ID: MACON-031 Dear Mr. Strickland: A review has been made of the plans, specifications and design data submitted under cover letter received in this office on February 16,2010 for the repair of the referenced dam. Prior to issuance of an approval to repair, additional information or revision is requested for the following items, which for the most part were discussed with you in our telephone conversation on Tuesday,March 30, 2010: Design Report: 1. A check of the drainage area using NCDOT lidar data shows it to be approximately 10% less than used in the hydrologic and hydraulic analysis. You should verify this difference if you choose to use the lesser value. 2. Approximately 30%of the rock outcrop area in the watershed is shown to be in hydrologic soil group D on the NRCS Web Soil Survey site at-http://websoilsurvey.nres.usda.goy/app/. Although your use of a 92 curve number for this area is acceptable, it may be conservatively high. 3. The rainfall data in your analysis came from NOAA Atlas 14 and HMR-51 instead of Weather Bureau Technical Publications 40 and 55 as shown of sheet 3 of the narrative. 4. Please verify the bottom widths and side slopes in the Channel Reports. They should agree with the emergency spillway grading plan on Drawing D1. A design"n"value of 0.012 to 1612 Mail Service Center, Raleigh,North Carolina 27699-1612 •919-733-4574/FAX: 919-733-2876 512 North Salisbury Street, Raleigh,North Carolina,27604 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Mr. Strickland April 1, 2010 Page 2 0.017 for concrete is normally used. 5. Please review the proportioning of the Type III Basin and adjust as appropriate. Please ensure a sidewall height sufficient to contain the hydraulic jump with recommended freeboard. 6. Please submit an electronic file of your HEC-HMS run(s). This can be sent by e-mail to hubert.hawkinsQncdenr.gov. Drawings: Cover 1. Please include the owner's telephone number. Topographic Survey 1. Please provide an invert elevation for the 8"principal spillway riser and the secondary spillway drop structure. Drawing D 1 1. Please provide centerline profiles for the principal spillway, the secondary spillway, and the emergency spillway. An additional sheet will probably be required. 2. The recommended thickness for riprap is 2.25 x d50. The riprap in the spillway curve is shown with a d50 of 30". The riprap thickness should be approximately 5.5 feet. Please show a section through the riprap. Please clearly define the limits of the riprap. 3. Please show the distance of each filter diaphragms from the end of the pipe. Please make sure they are located so the minimum earthfill cover will be 2 feet. 4. The design of a riprap apron as shown at the end of the 24" secondary spillway requires that it be virtually level from the end to end. Another option is to provide a riprapped plunge pool designed according to NRCS Design Note 6. 5. Please adjust the emergency spillway grading plan to show the trapezoidal channel. Additional work is needed to clearly define the concrete entrance channel to the Type III basin. 6. Please show the sub-drain for each blanket drain. Please identify the outlet for each sub- drain and show the pipe lengths and bend angles. Mr. Strickland April 1, 2010 Page 3 Drawing D2 1. Please show a side view layout drawing of the stilling basin and concrete entrance channel in addition to the side view showing the reinforcement. 2. It may be necessary to extend the entrance channel and set the basin bottom at a lower elevation to ensure an adequate tailwater. The tailwater must be determined. 3. Please show the drains and keyways on the STILLING BASIN view. 4. The thickness of the basin sidewalls is not shown. Please provide a transverse cross section through the basin. 5. Wingwalls at the end of the basin are recommended. 6. The minimum thickness of the riprap at the end of the basin should be 1.5 dmax,. 7. With four layers of#4 bars in a concrete slab, the thickness should be greater than 8". 8. Please provide a structural analysis and design for the Type III basin. 9. Please show a non-woven geotextile to separate the soil from the gravel on the chute sections. 10. Please show an enlarged view of the chute joint detail including the keyway and drainpipe. 11. Please show outlets for the chute drains. 12. Please show the basin width of the basin. 13. Is the bottom width at section A-A 20'? Drawing D3 1. The downstream slope is shown on both the PLAN VIEW and TYPICAL DAM SECTION. Aren't the trees on the crest and upstream slope of the dam? Change as appropriate. Drawing D4 1. Please add a perforated section of pipe to collect the diaphragm water. The diaphragm can be made 4' thick and the perforated pipe placed in the center of a 2' square section of NCDOT#78M stone, with a minimum of 12"of NCDOT 2S sand between the soil and the stone. A cap shall be placed on any open end of the.perforated pipe. The perforations in the Mr. Strickland April 1, 2010 Page 4 pipe can be as shown on Drawing D5. An outlet of non-perforated pipe on a positive grade should daylight to the downstream embankment slope. 2. Please show the depth of the diaphragm below each pipe. This depth should be a minimum of 2'. Drawing D5 1. Please separate the stone in the blanket drains and the soil cover with a non-woven geotextile. 2. A minimum soil cover of 12"is suggested. 3. Please remove the stone from the drain pipe in the Sub-Drain Detail. Specifications (Drawing D6): 1. Specifications that cover all items of work to be performed and materials to be furnished must be provided. 2. Will-the-pool be lowered to perform the work? If so, to what level and how? Please show in the Construction Sequence. 3. Please identify the waste area on Drawing D 1. 4. Item 6 of the Construction Sequence is listed 3 times. 5. Please review all items of work and revise Construction Sequence to include items such as the blanket drains. 6. The backfill requirements on this sheet do not appear to agree with those shown on Drawing D3. 7. Please locate the riprap check dams on Drawing D1. 8. Please identify the stockpile area on the Drawing D1. . 9. Please remove Sericea Lespedeza from the seeding mixture. 10. Is Item 1 under DRAINAGE SYSTEMS a correct statement? An example is the filter diaphragms. 11. Please change perforation size in Item 4 under DRAINAGE SYSTEMS to 1/4"to agree with Mr. Strickland April 1, 2010 Page 5 Drawing D5. 12. Please use a less restrictive rodent guard such as those found at the following site: http•//w-ww agridrain cop/pipeproduct asp?prodtype=107. 13. The use of ductile iron pipe for the end section of each drain outlet pipe is recommended. The diameter of AWWA C 900 PVC pipe is compatible with ductile iron pipe and fittings; therefore, we recommend its use for the PVC portion of the drain pipe. It would greatly aid further application review if a response to each of the above comments were made in a cover letter submitted with two.sets of the revised plans, specifications and design data. Please contact this office should you have any questions concerning the above items. Sincerely, Y�) W. Hubert Hawkins,PE Assistant Dam Safety Engineer Land Quality Section WHH/ cc: Mr. Michael Williams Ms. Janet Boyer,PE, Land Quality Regional Engineer Surface Water Protection Supervisor Filename: MACON-031 20100401_revreq.doc_Lake Charles Dam Oil IA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary May 18, 2010 Balfour Land Company Post Office Box 2627 Thomasville, Georgia 31779 RE: Balfour Lake Upper Dam Macon County State Dam ID: MACON-027 Dear Sir or Madam: . This is to acknowledge receipt of your application dated April 26, 2010 for the repair of the subject dam. The application was received in our office on May 14, 2010. Applications requiring an approval to repair a dam will be reviewed by this office in the order they are received, except that existing high hazard potential dams with known safety problems will be given priority. We endeavor to respond to applications within 60 days of receipt of the application. Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70, Swannanoa,North Carolina 28778, telephone number (828) 296-4500, or me at telephone number (919) 733-4574 should you have questions concerning this matter. Sincerely, Steven M. McEv E State Dam Safety gineer Land Quality Section - SMM/whd bra p� 1� V cc: Mr. Larry Lackey, PE, Design Engineer MAY 2 0 2010 Ms. Janet Boyer, PE, Land Quality Regional Engineer Surface Water-Protection-Supervisor WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Filename: MACON-027 20100518 RECT 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574/FAX:919-733-2876 - 512 North Salisbury Street, Raleigh, North Carolina,27604•.Internet:http://www.dIr.enr.state.nc.us/pages/iandqual.itysection.html NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary April 13, 2010 NOTICE OF DEFICIENCY APR 1 4 2010 , CERTIFIED MAIL-7008 0150 0000 7473 1720 RETURN RECEIPT REQUESTED WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Grand GC Trust ATTN: Ms. Cynthia Griffin ..__... . P. O. Box 260789 ..�. .-. _....--.--..._.._....�._ . Pembroke Pines, FL 33026 RE: Browns Lake Dam, State ID No. MACON-048 Hazard Potential: High; Macon County Dear Ms. Griffin: The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health., safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on March 18, 2010 by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following conditions were noted: 1. A slump has occurred with concentrated seepage near the left abutment. Excessive seepage can produce progressive internal erosion of soil from the downstream slope of the dam or foundation toward the upstream side to form an open conduit or "pipe". Seepage pressures decrease the strength characteristics of the embankment soil. The resulting reduction in the embankment stability can produce a slide failure of the downstream slope. 2. There is a saturated area along the downstream toe of the embankment. 3. Trees and bushes are growing on the dam. This type of growth can cause problems and even failure of the dam by creating holes when trees are uprooted due to.wind or ice; by leaving possible seepage holes when trees die and their roots decay; and by causing-erosion'of the,dam around this growth if the dam should overtop. Therefore, we recommend that this type of growth be removed and a good stand of grass cover be established on the dam. Any growth less than six inches in, diameter must be cut and removed. Any growth over six inches in diameter must also have the root system excavated and the excavated area be refilled and compacted with a suitable soil material under the supervision of an engineer. 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 www.enr.state.nc.us One NorthCarohna An Equal Opportunity/Affirmative Action Employer Aatura!!ff Notice of Deficiency - Brown Lake Dam—MACON-048 April 13, 2010 Page 2 of 2 These conditions appear serious and justify further engineering study to determine appropriate remedial measures. In the event of a dam failure, human life and significant property would be endangered because of the downstream location of residential property located directly below the dam. In order to ensure the safety of this dam, you are directed to retain the services of a registered professional engineer or an experienced engineering firm to make a study of the conditions outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety(15A NCAC 2K). Two copies of this study and plan shall be submitted to this office by May 31, 2010. In addition to the above, the following remedial actions, not requiring design or approval, should be completed by May 31, 2010. These items include the following: • Remove high brush and trees 6"and less in diameter from the upstream and downstream slopes to facilitate a thorough inspection of the dam. An Emergency Action Plan (EAP) is needed for this dam. The EAP must include all downstream hazards and all local emergency contact information. An EAP shell document can be reviewed at our website at http://www.dIr.enr.state.nc.us/pages/damsafetyprogram.htm1. Two copies of the EAP shall be submitted to the Division of Land Resources, 1612 Mail Service Center, Raleigh,'NC 27699-1612, Attn: Mr. Steve McEvoy, PE, State Dam Safety Engineer, and a copy shall be provided to the local emergency management office. Please contact us at 828-296-4500 to advise us of your intended action in this matter.'If we do not receive notification on or before May 31, 2010, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, Janet*S. Boyer, PE Regional Engineer cc: Steve McEvoy, PE, State Dam LC1`P�lacon`,Dar,,s`.043 Brown Lake Dam!NOD 04-13-2010 doc Ali 1� D E C E V NCDENR 18 2010 North Carolina Department of Environment and NaturP1� MAY ources Division of Land Resources WATER QUALITY SECTION Land Quality Section ASHEVILLE REGIONAL OFFICE James D. Simons, PG, PE Beverly Eaves Perdue,'Governor Director and State Geologist Dee Freeman,Secretary May 17, 2010 NOTICE OF DEFICIENCY CERTIFIED MAIL-7008'0150 0000 7473 1959 CERTIFIED MAIL-7008 0150 0000 7473 1966 RETURN RECEIPT REQUESTED Guyte P. McCord, Jr. Edward R. Mack, Jr. 502 S. Ride 2261 Trescott Dr. Tallahassee, FL 32303 Tallahassee, FL 32308 RE: McCord Dam, State ID No. MACON-054 Hazard Potential: High; Macon County Dear Sirs: The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on March 1, 2010 by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following conditions were noted: • The dam has self-drained and is piping through the embankment. A professional engineer licensed in the state of North Carolina and who specializes in dam design should evaluate the dam for repair or breaching. The lake is to remain drained until this issue has been resolved. These conditions appear serious and justify further engineering study to determine appropriate remedial measures. In the event of a dam failure, human life and significant property would be endangered because of the downstream location of two homes downstream of the dam. 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 www.enr.state.nc.us One NorthCarolina An Equal Opportunity/Affirmative Action Employer Naturally Notice of Deficiency McCord Dam MACON-054 May 17, 2010 Page 2 of 2 In order to ensure the safety of this dam, you are directed to retain the services of a registered professional engineer or an experienced engineering firm to make a study of the conditions outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K- Dam Safety(15A NCAC 2K). Two copies of this study and plan shall be submitted to this office by June 15, 2010. Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before June 15, 2010, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to$500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, S� net S. Boyer, PE v egional Engineer cc: Steve McEvo PE State Dam Saf GALQ1Macon\Dams1054-McCord Dam1NOD 5-17-2010.doc ED E C � A i� Fs,J 4 r 1 2010 WCDENR MAY.r North Carolina Department of Environment and, ,' tura �ff�� Y SECTION r A / �f�iiONAL OFFICE Division of Land Resources Land Quality Section v James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist . Dee Freeman, Secretary May 17, 2010 NOTICE OF DEFICIENCY CERTIFIED MAIL- 7008 0150 0000 7473 1799 CERTIFIED MAIL- 7008 0150 0000 7473 1805 CERTIFIED MAIL- 7008 0150 0000 7473 1829 RETURN RECEIPT REQUESTED DCR Investments, LLC Daniel L. Rogers, Jr. Attn: Daniel L. Rogers, Jr., Registered 141 Chickadee Trail Agent Franklin, NC 28734 141 Chickadee Trail Franklin, NC 28734 Cheryl Rogers 141 Chickadee Trail Franklin, NC 28734 RE: Rogers Dam, State ID No. MACON-061 Hazard Potential: High; Macon County Dear Sir and Madam: The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on April 15, 2010 by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following conditions were noted: • Preliminary plans regarding the repair of a previously breached dam were received by our Raleigh office on October 24, 2005. • A letter from the..State Dam Safety Engineer dated November 23, 2005 clearly stated that the dam as proposed would have a high hazard potential classification due to the location of the access road for Trimont Estates approximately 1500 feet downstream . 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 www.enr.state.nc.us One NorthCarolina An Equal Opportunity/Affirmative Action Employer Naturally Notice of Deficiency MACON-061 Rogers Dam May 17, 2010 Page 2 of 2 It also stated that the dam would be regulated by the Dam Safety Program under the Dam Safety Law of 1967 and the North Carolina Administrative Code 15A-2K. • Additionally, the Division required you to submit plans, specifications, along with the data and calculations necessary to develop them prepared by a North Carolina registered engineer. These plans were to be approved prior to construction. As of this date plans have not been approved by the Division. These conditions appear serious and justify further engineering study to determine appropriate remedial measures. In the event of a dam failure, human life and significant property would be endangered because of the downstream location of the access road to Trimont Estates and residential property located downstream. In order to ensure the safety of this dam, you are directed to retain the services of a registered professional engineer or an experienced engineering firm to make a study of the conditions outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K- Dam Safety(15A NCAC 2K). Two copies of this study and plan shall be submitted to our Raleigh office by June 30, 2010. An Emergency Action Plan (EAP) is needed for this dam. The EAP must include all downstream hazards and all local emergency contact information. An EAP shell document can be reviewed at our website at http://www.dIr.enr.state.nc.us/pages/damsafetVprogram.htmi. Two copies of the EAP shall be submitted to the Division of Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612, Attn: Mr. Steve McEvoy, PE, State Dam Safety Engineer, and a copy shall be provided to the local emergency management office. Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before May 28, 2010, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to$500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, J net S. Boyer, PE R gional Engineer cc: Steve McEvoy, PE, State Dam Safety Engineer Rogge-Edeards�S �rfa'ce '4ia;fr' rotectio.n R,eg�i�nal6Supervisor }. G:1LQ1Macon\Dams1061 Rogers dam1NOD MACON-061 05-17-2010.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary June 4, 2010 67 NOTICE OF DEFICIENCY I 1 JUN - 7 2010 1 CERTIFIED MAIL-7008 0150 0000 7473 2444 RETURN RECEIPT REQUESTED WATER QUALITY SECTION ABHEVILLE REGIONAL OFFICE Robert Shifrin 505 North Star Street Las Vegas, NV 89107 RE: Browns Lake Dam, State ID No. MACON-048 Hazard Potential: High; Macon County Dear Mr. Shifrin: This letter replaces the letter mailed to Grand GC Trust dated April 13, 2010. They have notified us that the property referenced above was deeded to you. The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on March 18, 2010 by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following conditions were noted: 1. A slump has occurred with concentrated seepage near the left abutment. Excessive seepage can produce progressive internal erosion of soil from the downstream slope of the dam or foundation toward the upstream side to form an open conduit or "pipe". Seepage pressures decrease the strength characteristics of the embankment soil. The resulting reduction in the embankment stability can produce a slide failure of the downstream slope. 2. There is a saturated area along the downstream toe of the embankment. 3. Trees and bushes are growing on the dam. This type of growth can cause problems and even failure of the dam by creating holes when trees are uprooted due to wind or ice; by leaving possible seepage holes when trees die and their roots decay; and by causing erosion of the dam around this growth if the dam should overtop. Therefore, we recommend that this type of growth be removed and a good stand of grass cover be established on the dam. Any growth less than six inches in diameter must be cut and removed. Any growth over six inches in diameter must also have the root system excavated and the excavated area be refilled and compacted with a suitable soil material under the supervision of an engineer. 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 One www.enr.state.nc.us NorthCarolina An Equal Opportunity/Affirmative Action Employer Naturally Notice of Deficiency Brown Lake Dam—MACON-048 April 13, 2010 Page 2 of 2 These conditions appear serious and justify further engineering study to determine appropriate remedial measures. In the event of a dam failure, human life and significant property would be endangered because of the downstream location of residential property located directly below the dam. In order to ensure the safety of this dam,you are directed to retain the services of a registered professional engineer or an experienced engineering firm to make a study of the conditions outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety(15A NCAC 2K). Two copies of this study and plan shall be submitted to this office by July 30, 2010. In addition to the above, the following remedial actions, not requiring design or approval, should be completed by July 30, 2010. These items include the following: • Remove high brush and trees 6"and less in diameter from the upstream and downstream slopes to facilitate a thorough inspection of the dam. An Emergency Action Plan (EAP) is needed for this dam. The EAP must include all downstream hazards and all local emergency contact information. An EAP shell document can be reviewed at our website at http://www.dlr.enr.state.nc.us/pages/damsafetyprogram.html. Two copies of the EAP shall be submitted to the Division of Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612, Attn: Mr. Steve McEvoy, PE, State Dam Safety Engineer, and a copy shall be provided to the local emergency management office. Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before July 30, 2010, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, Ja t S. Boyer, PE Re ional Engineer cc: Steve McEvoy, PE, State Dam Safety Engineer G 1LQ1Macon\Dams1048-Brown Lake Dam1NOD revised new owner 06-04-2010.doc NC®EN North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary July 8, 2010 Mr. Guyte P. McCord, Jr. D U 210 South Monroe Street Tallahassee, Florida 32301J U L 13 2010 RE: McCord Dam Macon Count WATER QUALITY SECTION y ASHEVILLE REGIONAL OFFICE State Dam ID: MACON-054 Dear Mr. McCord: _..._w.._. .._..._ This is to acknowledge receipt of your application dated June 29, 2010 to request the exemption of the subject dam from the Dam Safety Law of 1967. The application was received in our office on June 30, 2010. Applications requiring jurisdictional and hazard classification determination will be reviewed by this office in the order they are received. We endeavor to respond to applications within 60 days of receipt.of the application. Please contact Ms. Janet Boyer, PE, Regional Engineer, Land Quality Section, 2090 US Highway 70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone number (919) 733-4574 should you have questions concerning this matter. Sincerely, Steven M. McEvo , E State Dam Safety ineer Land Quality Section SMM/whdail cc: Mr. Dale E. Pennell, PE, McGill Associates JUL'T, 010 Ms. Janet Boyer, PE, Land Quality Regional Engineer Surface Water Protection Regional Supervisors File name: MACON-054_20100708_RECT_Exemption Request , 1612 Mail Service Center,Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574/FAX:919-733-2876 512 North Salisbury Street, Raleigh, North Carolina,27604•Internet:http://www.dIr.enr.state.nc.us/pages/landqualitysection.htmI An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper ROMA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue,Governor Director and State Geologist Dee Freeman,Secretary August 25, 2010 Mr. Guyte P. McCord, Jr. 210 South Monroe Street Tallahassee, Florida 32301 AUG a 0 2010 RE: McCord Dam ! WATER CUALITY SECTION Macon County ASHEVILLE REGIONAL OFF CE State Dam ID: MACON-054 ------ Dear Mr. McCord: The information received in our office on June 30, 2010 under transmittal dated June 29,2010 regarding the subject dam has been reviewed. The submitted information consisted of a breach analysis of the dam, including routing of the predicted breach outflow to the area downstream. Based on our review of the submitted information, our office concurs that a low hazard classification is presently warranted based on the current development downstream from the proposed dam. In addition,the impoundment capacity of the dam is calculated to be less than 10 acre feet. Thus, with reference to §143-2.15.25A(a)(6) of the Dam Safety Law, an exemption to the North Carolina Dam Safety Law of 1967 can be granted. However, the following comments are offered: 1. Based on the engineer's report and previous inspections by our .field personnel, significant repairs are needed to restore the subject dam to.operational condition. Our office encourages the owner of any dam to repair or modify his dam to the same standards as if it were under the jurisdiction of the Dam Safety Law of 1967. 2. If the dam is modified such that it is 15 feet in height or greater as measured from the highest point on the crest of the dam to the lowest point on the downstream toe and will impound 10 acre-feet or more at the highest point on the crest of the dam, this dam will not be exempt, and engineering certification, and record drawings and specifications will be required along with application processing fees. 3. If future downstream development occurs which would be impacted by a failure of the dam, then the hazard classification may be reassessed and may change from low to either intermediate or high hazard classification. Please note that in accordance with General Statute 143-215.25A(a)(6), dams which are determined to be high hazard are subject to the provisions of the Dam Safety Law of 1967 regardless of height or impoundment capacity. 1612 Mail Service Center,Raleigh, North Carolina 27699-1612•Telephone 919-733-4574/FAX:919-733-2876 512 North Salisbury Street, Raleigh,North Carolina,27604•Internet:http://www.dlr.enr.state.nc.us/pages/landqualitysection.html Mr. Guyte P.McCord, Jr. McCord Dam Letter of Exemption MACON-054 August 25, 2010 Page 2 of 2 The Army Corps of Engineers and the Water Quality Section of this Department should be contacted to determine if additional permits may be required. Also, the erosion and sediment control program having jurisdiction should be contacted to determine permit requirements. In . any case, sediment must be prevented from entering the waters of the state or flowing onto neighboring property. Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70, Swannanoa,North Carolina 28718, telephone number(828) 296-4500, or me at telephone number (919) 733-4574 should you have any questions concerning this matter. Sincerely, Steven M. McEvoy, PE State Dam Safe Engi er Land Quality Section SMM/whd cc: Mr. Dale E. Pennell, PE, PLS, Design Engineer Ms. Janet Boyer, PE, Land Quality Regional Engineer Surface Water Protection Regional Supervisor . Filename: MACON-054 20100825 XMPT McCord Dam NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue,Governor Director and State Geologist Dee Freeman,Secretary October 13,2009 W, Mr. James R.Dzurus,President E�C Trimont Lake Homeowner's Association,Inc. 349 Trimont Lake Estates I� 1_� OCT 1 9 2009 Frankline North Carolina 28734 � � i RE: Trimont Estates Dam VVATEr QUALITY SECTION Macon County L A `-1'cV11 L REEF !O:N'1L OFFICE State Dam ID: MACON-002 Dear Mr. Dzurus: This is to acknowledge receipt of your Emergency Action Plan(EAP) dated October 6, 2009 for the subject dam. The EAP was received in our office on October 6,2009. Emergency Action Plans Applications will be reviewed by this office in the order they are received, except that existing high hazard potential dams with known safety problems will be prioritized. We endeavor to respond to applications within 60 days of receipt of the application. Please contact Ms.Janet Boyer,Regional Engineer,Land Quality Section,2090 U.S.Highway 10, Swannanoa,North Carolina 28778,telephone number(828)296-4500, or me at telephone number(919) 7334574 should you have any questions concerning this matter. Sincerely, Q� Steven M.McEvoy,P State Dam Safety n eer Land Quality Section SMM/JCR cc: Ms. Janet Boyer,PE, Land Quality Regional Engineer wrtSrrface� ater�l:,ratectioStl :crsor File Name:MACON-002 20091013 RECT EAP Trimont Lake HOA 1612 Mail Service Center, Raleigh,North Carolina 27699-1612 • Telephone 919-733-4574 I FAX:919-733-2876 512 North Salisbury Street,Raleigh,North Carolina,27604•Internet:http://www.dfr.enr.state.nc.us/pages/landqualitysecfion.html �i,�l.u-GAL WCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE 'Perdue,Govemor Director and State Geologist Dee Freeman,Secretary September 2, 2009 NOIiOES I Mr. Michael D. Williams SEP - 9 2009 130 Wild Oak Drive ! I Gaffney,Alabama 36526 l (i4 r 'j- 1 RE: Lake Charles Dam Macon County State Dam ID: MACON-031 Dear Mr. Williams: This is to acknowledge receipt of your two preliminary application letters dated July 15,2009 for the repair of the subject dam. One was received in our office on August 18, 2009 and the other was received on September 2,2009. Applications requiring an approval to repair a dam will be reviewed by this office in the order they are received, except that existing high hazard potential dams with known safety problems will be prioritized. We endeavor to respond to applications within 60 days of receipt of the application. Please contact Ms. Janet Boyer, Regional Engineer,Land Quality Section,2090 U.S.Highway 70, Swannanoa,North Carolina 28778, telephone number(828)296-4500, or me at telephone number(919) 733-4574 should you have any questions concerning this matter. Sincerely, Steven M.-McEvoy, E State Dam Safety eer Land Quality Section SMM/JCR 1612 Mail Service Center,Raleigh,North Carolina 27699-1612 - Telephone 919-733-4574/FAX:919-733-2876 512 North Salisbury Street,Raleigh,North Carolina;27604•Internet:http://www.dlr.enr.state.nc.us/pages/landqualitysection.htmi Mr. Michael D. Williams September 2, 2009 Page 2 of 2 cc: Mr. Samuel R. Strickland, PE, Design Engineer—S and G Engineering Services,Inc. Ms. Janet Boyer,PE, Land Quality Regional Engineer S ;per�so SL U- mate ToteU 1 I1 1 File Name:Macon-031 20090202 RECT—Lake Charles-preliminary r Ale _ NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman,Secretary August 18, 2009 h L V f my. Scott E. Wood, PE - I Scott Wood Engineering, PLLC I AUG 2 6 2 �I 269 Pines Road 00.9 I P. O. Box 305 Scaly Mountain,North Carolina 28775 wR'=� uA'-ITv SECTION RE: R. S. Jones Upper Dam Macon County State Dam ID: MACON-010 Dear Mr. Wood: A review has been made of the plans, specifications and design data received in this office on June 25, 2009 for the repair of the referenced dam. Prior to issuance of an approval to repair, additional information or revision is requested for the following items: 1. The 1/3 PMP 24-hr. rainfall of 6.97"is significantly less than the 1/3 PMP 6-hr. rainfall amount shown in HMR-56 as we discussed by telephone on Friday, August 14, 2009. Please make an appropriate change in your analysis. The 6-hr. rainfall may be used. 2. At the NRCS Web Soil Survey site the watershed soils are Type B instead of Type A. Please make appropriate changes to the runoff curve number. The web site is as follows: hq://websoilsunTey.ures.usda.gov/app/ 3. A sheet flow length of 300 feet in the Tc calculation is longer recommended in the current windows version of NRCS TR-55. The following quote is taken from this version: Sheet flow length in the DOS version of TR-55 was limited to 300 feet (100 m). Sheet flow for 300 feet is very unusual because the surface and the corresponding flow would need to be extremely uniform. Generally, beyond 100 feet the flow becomes concentrated flow. Therefore, sheet flow length is limited to 100 feet(30 m) in this version of WinTR-55. For additional information see: USDA-SCS, Time of Concentration, Northeast Hydrology Technical Note No. 4, August 1986. 1612 Mail Service Center, Raleigh,North Carolina 27699-1612 - Telephone 919-733-4574/FAX:919-733-2876 . 512 North Salisbury Street,Raleigh,North Carolina,27604-Internet:http://www.d]r.enr.state.nc.us/pages/landqua]itysection.html t Mr. Wood August 18, 2009 Page 2 of 3 Please make an appropriate change in the sheet flow. 4. The Tc path of travel shown on the DRAINAGE AREA MAP does not reflect the longest travel path in the watershed. 5. Since orifice flow at the riser crest controls the principal spillway outflow, an increase in the riser diameter would provide a more efficient outlet. 6. The emergency spillway flow in your analysis appears to be based on a rectangular weir. The C factors used for weirs B and C (3.37 and 3.33) are close to what is often used for a sharp crested weir. The actual spillway is a broad crested weir with a trapezoidal cross section. The use of an equation such as Q= CA(h)0,5 that will account for the slope areas in the trapezoidal section is recommended. The use of C factors from Table 5.3 in Kings Handbook of Hydraulics, Fifth Edition, is also recommended. 7. Please provide the reservoir map on which that the pond storage is based. If it is available in AutoCAD format, it would be helpful if the file were be e-mailed to hubert.hawkins@ncdenr.gov . 8. Please provide a plan view of the dam and spillway systems. 9. Please provide a cross section at the control section and a centerline profile of the emergency spillway. 10. An internal inspection with a video camera should be performed on the entire principal spillway system to determine its condition. If it's useful life is limited, it should be replaced, abandoned by grouting full, or slip lined. Since this is a high hazard dam, the proposal to replace the riser and bottom drain with corrugated metal pipe is not acceptable. Concrete or ductile iron is acceptable for high 'hazard dams. If the option to abandon the existing principal spillway is chosen, a replacement bottom drain must be provided. A siphon that crests at the normal pool level would be an acceptable replacement. 11. Please show the extent of the excavation necessary to install the riser and bottom drain. 12. Please design the riprapped outlet to accommodate the maximum outlet velocity from the principal spillway. 13. The earthfill placed in the dam must be compacted to a minimum of 95% of maximum Standard Proctor density. �w.� i FVM Mr. Wood August 18, 2009 Page 3 of 3 It would greatly aid further application review if a response to each of the above comments were made in a cover letter submitted with two sets of the revised plans, specifications and design data. Please contact this office should you have any questions concerning the above items. Sincerely, W. Hubert Assistant Land Q WHT cr �r A 61 ��� NCOENR . North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary May 4, 2009 NOTICE OF DEFICIENCY CERTIFIED MAIL-7008 0150 0000 7473 9153 iUi r,'' - n 2009 CERTIFIED MAIL-7008 0150 0000 7473 9160 L RETURN RECEIPT REQUESTED WATER QUALITY SECTION A_SNEV F-- REGIOPlAL OFFICE _ Virginia Butler Edgar B. Shope 913 Long Avenue 756 Wayah Road Conway, SC 29526 Franklin, NC 28734 RE: Moore Creek Upper Dam, State ID No. MACON-035 Hazard Potential: Low; Macon County Dear Sir or Madam:. The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of dam failure,to prevent injuries to persons, damage to downstream property,and to-ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on April 13, 2009, by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following conditions were noted: • Dam repairs have been made without prior approval from this office. • Vegetation is growing on the upstream and downstream slope, as well as the toe and abutments of the dam; it was not possible to conduct a thorough inspection. • There is no trash guard on the riser. These conditions appear serious and justify further engineering study to determine appropriate remedial measures. In the event of a dam failure, human life and significant property would be endangered because of the downstream location of the entrance road. • Trees and bushes are growing on the dam. This type of growth can cause problems and even failure of the dam by creating holes when trees are uprooted due to wind or ice; by leaving possible seepage holes when trees die and their roots decay; and by causing erosion of the dam around this growth if the dam should overtop. Therefore, we recommend that this type of growth be removed and a good stand of grass cover be established on the dam. Any growth less than six inches in diameter must be cut and removed. Any growth over six inches in diameter must also have the root 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 www.enr.state.nc.us One No Carolina An Equal Opportunity/Affirmative Action Employer Naturally Notice of Deficiency Moore Creek Upper Dam May 4, 2009 Page 2 of 2 system excavated and the excavated area be refilled and compacted with a suitable soil material under the supervision of an engineer. • There was no trash guard on the riser pipe. Without a trash guard, the riser may become clogged and cause water to flow out of the emergency spillway. Constant flows in the emergency spillway usually cause progressive erosion problems. Therefore,we recommend that a suitable trash guard be installed. The design and installation of the trash guard requires an engineer's supervision and prior approval from this office. • Animals appear to be burrowing along the waters edge on the upstream slope of the dam. If allowed to continue, they could cause sliding and erosion of the dam, or possibly create a pathway for seepage. They should be removed, or the dam should be protected against further burrowing. Existing damage should be repaired. • Periodically check the operation of all drain valve facilities. This will insure satisfactory operation of the drains should an emergency situation arise. In order to ensure the safety of this dam,you are directed to retain the services of a registered professional engineer or an experienced engineering firm to submit plans and specifications for repair. Repair plans must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K-Dam Safety(15A NCAC 2K). Two copies of this study and plan shall be submitted to this office by June 4, 2009. An Emergency Action Plan (EAP) is needed for this dam. The EAP must include all downstream hazards and all local emergency contact information. An EAP shell document can be reviewed at our website at http://www.d lr enr state nc us/pages/damsafetyprogram.html. Two-copies of the EAP shall be submitted to the Division of Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612, Attn: Mr. Steve McEvoy, PE, State Dam Safety Engineer, and a copy shall be provided to the local emergency management office. Please contact us at 828-296-4500 to advise us of your intended action in this matter. Sincerely, ' f, csO�'t net S. Boyer, PE egional Engineer cc: Steve McEvo , PE, State Dam S et gineer -ogow° dwardJ urf .ce W ker Pint Ti rr RM 95,�a aupery so, -- - --- - - - ___� G:\LQ\Macon\Dams\035 Moore Creek Upper Dam\NOD 05 04 2009.doc AMA. WDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue,Governor Director and State Geologist Dee Freeman,Secretary Final Approval to Impound -. April 16, 2009 Mr. Greg Crawford,CCM Fl � ,E E—�—J E i II Highlands Country Club 981 Dillard RoadAPR 2 1 2009 _J Highlands,North Carolina 28741 WATER QUALITY SECTION RE: Club Lake Dam As!-IEviU_E_REGIONAL OFFICE Macon County State Dam ID: MACON-037 Dear Mr. Crawford: This concerns the subject dam recently repaired pursuant to issuance of an Approval to Repair dated June 27, 2007 and subsequent extension of that Approval to Repair dated June 13, 2008 as required by the Dam,Safety Law of 1967. Record drawings and the engineer's certification were received on April 15, 2009. The dam was certified by Mr. Joseph S. Monroe, PE. An inspection of this dam was made by Land Quality Section staff of the Asheville Regional Office on April 8, 2009. The dam was found to be in general conformance with the approved plans and specifications, and you may impound water. The Land Quality Section staff will make periodic inspections of this dam to assure that the dam is being maintained in good operating condition. These inspections, however,will be relatively infrequent. It is advised that you closely inspect and monitor your dam, and that you notify your engineer and the Division of Land Resources if you see or suspect any problems concerning its safety. Sincerely, Steven M. McEvo P State Dam Safety En ' er cc: Mr. Joseph S. Monroe, PE Ms. Janet Boyer,PE ; S„�rf����' �rotcottini Reg}iofl"�I�tS,tTp?erx F � Filename:MACON-037 20090416 COFA Club Lake Dam . 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 I FAX:919-733-2876 512 North Salisbury Street, Raleigh, North Carolina,27604-Internet:http://www.dir.enr.state.nc.us/pages/landqualitysection.htmi NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue,Governor Director and State Geologist Dee Freeman,Secretary March 27, 2009 Mr. Jim Fatland,Town Manager DIE `J E V E Town of Highlands i PO Box 460 I APR 3 2009 Highland, North Carolina 28741 WATER QUALITY SECTION RE: Houston Dam AS',HEVI REGIONAL OFFICE Macon County State Dam ID: MACON-032 Dear Mr. Fatland: This is to acknowledge receipt of your Emergency Action Plan(EAP)plan dated March 19, 2009 for the subject dam. The application was received in our office on March 27, 2009. EAP plans will be reviewed by this office in the order they are received, except that existing high hazard potential dams with known safety problems will be prioritized. We endeavor to respond to applications within 60 days of receipt of the application. Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70, Swannanoa,North Carolina 28778, telephone number(828)296-4500, or me at telephone number(919) 733-4574 should you have any questions concerning this matter. Sincerely, teven M. McEvoy, PE State Dam Safety Engineer Land Quality Section SNWJCR AN 0 1612 Mail Service Center,Raleigh,North Carolina 27699-1612 • Telephone 919-733-4574/FAX:919-733-2876 512 North Salisbury Street,Raleigh,North Carolina,27604•Internet:http://www.dir.enr.state.nc.us/pages/landqualitysection.htmI Mr. Jim Fatland March 27, 2009 Page 2 of 2 cc: Ms. Rebecca J. Johnson,PE—Design Engineer—McGill Associates Ms. Tami V. Idol, EI, Assistant State Dam Safety Engineer Ms. Janet Bo er PE, Land Quality Regional Engineer S�urfa '�V:ater Pro e�to SuPez�� �,� File Name:MACON-032 20090327 RECT EAP—Houston Dam OrWDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue,Governor Director and State Geologist Dee Freeman,Secretary Final Approval to Impon?d "° 4 � P February 18 2009 L"" vj 1r- � �17 '7 i1t 1=.E fi CERTIFIED MAIL 8 2 3 2009 RETURN RECEIPT REQUESTED N r r-1 �,�f fir;/,i C i iTY SECTION. V Ms. Linda L. Crockett, Trustee �� r v_C, c 3361 Hibiscus Drive EastBelle Aire Aire Beach, Florida 33786 RE: Palmisona Dam Macon County State Dam ID: MACON-028-H Dear Ms.Crockett: This concerns the subject dam recently repaired pursuant to issuance of an Approval to Repair dated January 23, 2009 as required by the Dam Safety Law of 1967. Record Drawings and the engineer's certification, were received on January 15, 2009. The dam was certified by Dr. B. Dan Marks, PE. An inspection of this dam was made by Land Quality Section staff of the Asheville Regional Office on February.12, 2009. The dam was found to be in general conformance with the approved plans and specifications, and you may impound water subject to the following stipulation: 1. Repair and stabilize the eroded area on the right-hand (as viewed facing downstream) end of the dam along the abutment. It is recommended that the runoff discharging from the pipe above this area be redirected so that it discharges away from the dam embankment. 2. Continue efforts to establish a permanent vegetative ground cover sufficient to restrain erosion on all parts of the dam embankment. 1612 Mail Service Center, Raleigh,North Carolina 27699-1612 Telephone 91.9-733-4574/FAX:919-733-2876 512 North Salisbury Street, Raleigh, North Carolina,27604-Internet:http://www.dir.enr.state.nc.us/pages/landqualitysection.html OpCrF kett ebrua 18, 2009 Page 2 2 The Land Quality Section staff will make periodic inspections of this dam to assure that the dam is being maintained in good operating condition. These inspections, however, will be relatively infrequent. It is advised that you closely inspect and monitor your dam, and that you notify your engineer and the Division of Land Resources if you see or suspect any problems concerning its safety. The Emergency Action Plan shall be reviewed by the owner on an annual basis and updated if downstream conditions change. Sincerely, Steven M. McEvoy, PE State Dam Safety Engi er Land Quality Section SMM/whd cc: Dr. B. Dan Marks, PE Ms. Janet Boyer, PE Filename: MACON-028-200902 1 8 COFA Palmisona Mander J" j ill NCDENR F E B 2 0 2009 North Carolina Department of Environment and Natural Resources Division of Land Resources I i ii WATEF1 CUP,LIT''SECTION Land Quality Section —A"'_ V'! L E R'1_r James D. Simons, PG, PE Beverly Eaves Perdue,Governor Director and State Geologist ---Dee Freeman,Secretary February 17, 2009 Mr. Greg Crawford, CCM Highlands Country Club 981 Dillard Road Highlands,North Carolina 28741 RE: Approval to Repair- Extension Club Lake Dam Macon County MACON-037 Dear Mr. Crawford: This letter is in response to your request dated February 16, 2009 to extend the Approval to Repair issued on June 27, 2007 for the referenced dam. .Your request was received in our office on February 16,2009 by e-mail. This letter constitutes approval of your request to extend the Approval to Repair to June 27, 2009. Project construction must be in accordance with the plans and specifications received by this Division on April 5, 2007 and with the stipulations in the Approval to Repair issued on June 27, 2007. If any modifications to the approved plans or specifications are being considered, such changes will need to be submitted to this office for review and approval prior to construction. Project construction must commence before June 27, 2009 or this approval extension is void. Sincerely, Steven M. McEvoy State Dam Safety E in r cc: Mr. Joseph Monroe, PE, Schnabel Engineering Ms. Janet Boyer, PE, Land Quality Regional Engineer 9. At&_Pr6fe_&i, R­&g_ib_nal._S.0 S. rfa&�_V ervisor p EB 1 9 2009 1612 Mail Service Center, Raleigh,North Carolina 27699-1612 - Telephone 919-733-4574/FAX: 919-733-2876 .512 North Salisbury Street, Raleigh, North Carolina,27604-Internet:http://www.dir.enr.state.nc.us/pages/landqualitysection.html A14 iPA RUM North Carolina Department of Environment and Natural Resources Division of Land Resources James D, Simons, PG,PE Beverly Eaves Perdue,Governor Director and State Geologist Dee Freeman, Secretary Certificate of Approval January 23, 2009 CERTIFIED MAIL i — j RETURN RECEIPT REQUESTED ILI I F B 6 2009 i I Ms. Linda Crockett - L;ric 3361 Hibiscus Drive East Belle Air Beach, Florida 33786. .: RE: Approval to Repair Palmisona Dam State ID: MACON-028-H Dear Ms. Crockett: This is in response to the submission dated September 23, 2008 and received on October 13, 2008 of plans, specifications and design data for the repair of the subject dam in compliance with the Dam Safety Law of 1967. These plans, specifications and design data were prepared under the supervision of Dr. Dan Marks, PE. This letter constitutes approval of the proposal to repair the subject dam according to the plans and specifications received by this Division on October 13, 2008 with the following stipulations: 1. Project construction shall be supervised by Dr. Dan Marks, PE as the Engineer of Record.for this project. Construction items that.will not be visible for post construction inspection by Land Quality staff shall be photographically documented and submitted in digital format with the record drawings. This includes items such as drain systems, pipe trenches, concrete cradles, etc. 2. During construction, the Division of Land Resources may require such progress reports as are deemed necessary. Geological Survey• Land Quality- Geodetic Survey Division of Land Resources•1612 Mail Service Center,Raleigh,North Carolina.27699-1612 512 North Salisbury Street,Raleigh,North Carolina 27604 919-733-38331 FAX: 919-715-88011 Internet: www.dlr.enr.stafe.nc.us/dlr.htm An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 11 o%Post Consumer Paper s. Linda Crockett January 23, 2009 Page 2 of 3 3. Upon completion of the project, Dr. Dan Marks, PE shall inspect the completed work and upon finding that the work has been done as specified and the dam is safe, shall file with the Division of Land Resources two sets of record drawings and a certificate stating that the work has been completed in accordance with approved plans and specification, and the dam is safe. (Reference §143-215.30 of the Dam Safety Law and NCAC 15A 2K .0215 and .0216). 4. An emergency action plan (EAP) and an operation and maintenance (O&M) plan are required for all high hazard dams. The O&M plan should address routine maintenance, frequency of inspections by the owner or the owner's representative, and annual operation of the bottom drain to ensure that it is functional. Both the EAP and O&M plan must be received prior to issuance of a certificate of final approval for this dam. 5. You must notify Ms. Janet Boyer, PE,-Regional Engineer, Land Quality Section, 2090 US Highway 70, Swannanoa,North Carolina 28778, (828) 296-4500 ten days before the start of construction. Please note that this approval does not constitute final approval of the proposed repairs. An additional as-built drawing and engineer's certification submittal —per stipulation number 3 above—is required upon completion of repairs. Final approval of repairs will depend upon acceptability of the submitted as-built documents and the results of a field inspection by Division of Land Resources staff to verify the accuracy of the as-built drawings. The Army Corps of Engineers and the Water Quality Section of this Department should be contacted to determine if additional permits are required. Also, the erosion and sediment control program having jurisdiction should be contacted to determine permit requirements. In any case, sediment must be prevented from entering the waters of the state or flowing onto neighboring property. Construction of the repairs must begin within one year of the date of this approval or this approval is void. For assistance you may contact Ms. Janet Boyer, PE in the Asheville Regional Office at telephone number(828) 296-4500 or a member of the.Dam Safety Program staff in the Raleigh Central Office at telephone number (919) 733-4574. Sincerely, ?James D. Simons, PG, PE irector and State Geologist JDS/whd cc: Dr. B. Dan Marks, PE Ms. Linda Crockett January 23, 2009 Page 3 of 3 Ms. Janet Boyer, PE Tu race �pr <ro t n� xc na �a File Name: MACON-028 20090123 COAR Palmisona Dam NC®ENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D.Simons, P.G., P.E. Michael F. Easley,Governor Director and State Geologist William G. Ross Jr., Secretary August 10, 2006 DCR Investments,LLC 141 Chickadee Trail Franklin,North Carolina 28734 RE: Proposed Upper Crawford Branch Dam Macon County Dear Madams and Mssrs: Preliminary plans for the construction of the proposed Upper Crawford Branch Dam were received on July 17, 2006. Prior to the completion of our review, we received on August 4, 2006 a letter from Mr. Manfred F. Judernatz, PE,with Otto Engineering, Inc. stating that revised plans -were being developed that would supercede the plans currently under review. We'are therefore suspending our review of the project until receipt of the new plans, specifications, and data. Please contact this office should you have any questions. Sincerely, �u Maxwell R. Fowler, PE ,� h! I I-_ State Dam Safety Engineer A U G 1 6 2006 cc: Mr. Manfred Judernatz PE WATER Ms. Janet Boyer, PE,Land Quality Regional Engineer IMr.-Roger- ,Zw rds,-Sur face ater�Pr-otection egional_Supervisozi,, AU0 c u 1612 Mail Service Center,Raleigh, North Carolina 27699-1612 •919-733-4574/FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina,27604 An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper ALT, NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources -Land Quality Section James D. Simons, P.G., P.E. s. a,•, � -W_N Michael F Easley,Governor : f Director and State Geologist .`. . William.:G .Ross Jr.,,Secretary August 21,2006 DECE VE DCR Investments,LLC f 141 Chickadee Trail AUG 2 9 2006 Franklin,North Carolina 28734 WATER QUALITY SECTION RE: Revised Preliminary Plans for Construction ASHEVILLE REGIONAL OFFICE Upper Crawford Branch Dam Macon County Dear Sir or Madam: This is to acknowledge receipt on August 14,2006 of the revised preliminary plans for the construction of the subject dam. Applications will be reviewed by this office in the order they are received except that existing high hazard potential dams with known safety issues will be given priority. We endeavor to respond to applications within 60 days of receipt of the application. When the application to construct the dam is submitted,an initial application-processing fee of$200.00 must be received. I have enclosed information regarding payment of the additional application processing fee which is required if the actual cost of construction of the dam is greater than$10,001.00. Also,prior to issuance of the Approval to Impound, an Emergency Action Plan and Operation and Maintenance Plan must be submitted. You rray visit our web site at wwwAlnennstate.ne.us or contact a member of the Dam Safety Program in the Raleigh Central Office at(919) 733-4574 for assistance. Sincerely, Maxwell R.Fowler,PE State Dam Safety Engineer Enclosures cc: Mr.Manfred Judematz,PE,with enclosures [ham RogertEdwards,Water Quality R,egiondms pe,--sor :s, Ms.Janet Boyer,PE,Regional Engineer 16:12 Mail Service Center,Raleigh,North Carolina 27699-1612• 612 North Salisbury Street,Raleigh,North Carolina 27604 919-733-4574\FAX: 919-733-287M Internet: www.dlr.enr.state.nc,us/dlr.htm An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley,Governor Director and State Geologist William G. Ross Jr., Secretary Certificate of Approval July 31, 2006 , a II d Mr. Tom Pearce § 525 River Crest Court i AUG - 9 2006 Atlanta, Georgia 30328 WATER QUALITY SECTION RE: Approval of Emergency Action Plan ASI iEVILLE REGIONAL OFFICE pp g Y ' Osage Lake Dam State I.D. MACON-014 Dear Mr. Pearce: A review has been made of the Emergency Action Plan(EAP) dated May 10, 2006 and received May 24, 2006 for the referenced dam located on Watkins Creek in the Little Tennessee River basin. This EAP was transmitted to our office under cover letter dated May 22, 2006 from Mr. J.C. Bunigarner, PE with Pinnacle Engineers in Asheville,North Carolina. The EAP is acceptable to the Dam Safety Program. The EAP should be updated annually and any needed changes distributed to each of the parties listed on Page 12. Please check the phone number for the State Warning Point listed in the EAR One number for the State Warninc,Point is 1-800-858-0368. Thank you for your cooperation in maintaining and operating this dam in a way that promotes public safety. You may contact this office if we may be of assistance. Sincerely, Maxwell R. Fowler, PE State Dam Safety Engineer cc: Mr. J.C. Btungarner,PE Mr. Warren Cabe, Macon County Emergency Management Director t .�Ro:ger-Eclwards"�,Sit face:Water Froteohon-Regi'onal_ShpeU sbr Ms. Janet Boyer, PE, Regional Engineer 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574/FAX: 919-733-2876 512 North Salisbury Street, Raleigh,North Carolina,27604 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper A,4A, NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley,Governor Director and State Geologist -William G. Ross Jr., Secretary July 3, 2006 J U L - 5 2006 L James K. Connors, PE Alpha Environmental Sciences WATER QUAD ITY C Post Office Box 31 Waynesville, North Carolina 28786 P RE: ) JUL G White/Myatt Dam rZJ i Macon County MACON-012 Dear Mr. Connors: A review has been made of the plans, specifications and design data submitted under cover letter dated May 16, 2006 and received in this office on May 19, 2006 for the repair of the referenced dam. Prior to issuance of an approval to repair, additional information or revision is requested for the following items The proposed normal poof elevation has not been provided, and it cannot be positively determined from the design calculations. Please clarify what the proposed normal pool elevation for the impoundment is. 2. Page 30 of the Specifications indicates an epoxy sealer is to be applied to the concrete weir spillway"as shown on the drawings." Reference to this work is made on Figure 4 of the drawings; a more detailed rendering, including the dimensions and elevations of the concrete weir spillway, is requested. 3. A siphon operating procedure is required, as well as design calculations demonstrating that Schedule 40 PVC will satisfactorily withstand the stresses anticipated within the siphon conduit and remain sufficiently airtight when in use. 4. The lower elevation of the rip rap slope protection differs between the elevation denoted in the engineer's response letter and the one indicated in Figure 6 of the plans. Please clarify the correct elevation. 5. The following comments pertain to Figure 7: a. The minimum depth of fill over the toe drain must be specified rather than estimated. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574/FAX: 919-733-2876 512 North Salisbury Street,Raleigh,North Carolina, 27604 An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper Mr. James K. Connors,PE July 3, 2006 Page 2 of 2 b. The six-inch PVC drains extending one foot behind the concrete headwall should be shown on the plans. C. Calculations should be provided to demonstrate that the slotted PVC drain pipes will allow infiltration of water while preventing loss of the sand used in the proposed filter diaphragm. d. The length of the filter diaphragm (described as "approximately 30 feet"in the response letter) should be precisely specified on the plans. C. Calculations should be provided to demonstrate that the concrete headwall footing is adequate to support the headwall and resist overturning. 6. The list of satisfactory soils on Page 10 of the Specifications should be modified to indicate that soils classified as GW, GP, GC, GM, SW, and SP are not acceptable for use as fill material within the dam embankment. 7. The design calculations in Appendix B of the submittal list the top of dam elevation as 2495.0. Figure 1 of the plans shows the majority of the dam's crest (approximately 240 feet) to be below elevation 2495.0. Please verify the crest profile. . 8. Please provide results of the hydrologic and hydraulic analysis in a time series format that indicates the durations of predicted peak discharges and peak elevations for the applicable design storms. It would greatly aid further application review if a response to each of the above comments were made in a cover letter submitted with two sets of the revised plans, specifications and design data. Please contact this office should you have any questions concerning the above items. Sincerely, William H. Denton, IV, EIT Assistant State Dam Safety Engineer WHD/ash cc: Mr. Frank Myatt, Jr. Ms. Nancy Mackoviak Mr:Roger Edwards rial Regio _Sup-ervsor� - - Ms. Janet Boyer, PE UL4 RUM North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section Michael F.Easley, Governor William G. Ross,Jr., Secretary James D. Simons, PG, PE, Director and State Geologist -Janet­&.-BoyerRE,R iqn I Engineer December 16, 2008 NOTICE OF DEFICIENCY D EC 17 2008 S3 -FI_0N' CERTIFIED MAIL-7007 1490 0004 0797 6609 WATER QUALITYEC T._ RETURN RECEIPT REQUESTED I ASHEVILLE REGIONAL OFFICE Richard S. Jones,Jr' 19 E Main St Franklin, NC 28734 RE: R S Jones Jr Upper Dam, State ID No. MACON-010 Hazard Potential: High; Macon County Dear Mr. Richard S. Jones,Jr: The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A Notice of Deficiency (NOD) was issued to you for the subject dam on November 21, 2007. A visual inspection of the referenced dam was conducted on November 20, 2008 by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following conditions were noted: A tree has been allowed to grow adjacent to the outlet barrel of the dam. This tree has reached a size sufficient to possibly jeopardize the integrity of the dam if uprooted. The impoundment has not been drained as required in the previous NOD. The previous NOD was received by you on November 27, 2007. These conditions appear serious and justify further engineering study to determine appropriate remedial measures. In the event of a dam failure, human life and significant property would be endangered because of the downstream location of IRS Jones Lower Dam and Pressley Road. In order to ensure the safety of this dam, you are directed to retain the services of a registered 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 One vvww.enr.state.nc.us NorthiCarolina An Equal Opportunity/Affirmative Action Employer )Vaturallff Notice of Deficiency RS Jones Jr. Upper Dam December 16, 2008 Page 2 of 2 professional engineer or an experienced engineering firm to make a study of the conditions outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Records show that an engineering report and associated plans from Otto Engineering Inc., dated July 17,2008, has been received by the Dam Safety Engineer of The Division of Land Resources. You will be notified once the plans have been reviewed. Upon receipt of notification of plan review; your prompt attention to this matter will be required. You are instructed to drain the impoundment and keep it drained until necessary repairs are.made or a breach plan is submitted and approved by The Division of Land Resources. For-earthen dams the rate of draw down shall not exceed 1 foot per day unless approved by our office. Siphoning shall be done under the supervision of a licensed engineer experienced in dam design. The draining shall be done in such a way to minimize the sediment load at the outlet. Contact The North Carolina Division of Water Quality, Roger Edwards, at (828) 296-4500 for additional information on their requirements. An updated Emergency Action Plan (EAP) dated May 31, 2008 was received on August 19, 2008. The existing EAP shall be updated annually: Downstream hazards shall be checked and all contact information should be verified annually. Two copies of the updated EAP shall be submitted to the Division of Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612, Attn: State Dam Safety Engineer, and a copy shall be provided to the local emergency management office. Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before January 5, 2009, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to$500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, )J4e.tS. Boyer, PE ional Engineer cc: State Dam Safety Engineer ;Roger Edwards, Surface Water Protection Regional Supervisor G:\LQ\Macon\Dams\010-RS Jones upper\NOD12-4-08.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section Michael F. Easley, Governor William G. Ross, Jr., Secretary James D. Simons, PG, PE Janet S. Boyer, PE, Regional Engineer February 6, 2007 NOTICE OF DEFICIENCY CERTIFIED MAIL-7006 2150 0005 2459 3171 _ -- CERTIFIED MAIL-7006 2150 0005 2459 3164 RETURN RECEIPT REQUESTED Mr. John Earl Krobatsch ' i'', �E� - 7 2007 L , 360 Mountain Grove Road Franklin, NC 28734 r " Mr. John Earl Krobatsch 1267 SW 4Th Avenue Pompano Beach, FL 33060 RE: WS Jones Lake Dam (MACON-029) - Macon County Dear Mr. Krobatsch:- The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on December 5, 2006 by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following conditions were noted: Trees and thick undergrowth must be cut and removed from the dam and emergency spillway. Do not remove stumps or undertake any clearing that might aggravate the seepage problem or create an erosion problem without the supervision of a registered professional engineer. These conditions Vppear serious and justify further engineering study to determine 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 One www.enr.state.nc.us NorthCarolina An Equal Opportunity/Affirmative Action Employer vVaturally Notice of Deficiency John Earl Krobatsch February 6, 2007 Page 2 of 2 appropriate remedial measures. In the event of a dam failure, human life and significant property would be endangered because of the downstream location of Ellijay Road SR1101. In addition to the above, the following remedial actions, not requiring design or approval, should be completed. These items include the following: • Clear all high brush and trees 6" and less in diameter. An updated emergency action plan (EAP) is required for this dam. If an existing EAP has not been updated in the past year, the downstream hazards shall be checked and all contact information should be verified. Two copies of the EAP shall be submitted to the Division of Land Resources, and a copy shall be provided to the local emergency management office. Please contact us by March 6, 2007 at 828-296-4500 to advise us of your intended action in this matter. Sincerely, net Sc . Boyer, E egional Engineer cc: CRdgaer- Edwards,_-Surface--W--ater Protection Regional-Supervisor Maxwell Fowler, PE, State Dam Safety Engineer G:\LQ\Macon\Dams\029-WS Jones Dam\NOD 1-19-2007.doc �G..�� NCDENR North Carolina Department of Environment and Natural Resources Division-of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley,Govemor Director and State Jr.,Geologist e G: Ross Secretary 9 William ., February 20, 2007 DIE ' E V �1 Mr. Harlan Haskins i 10956 Enterprise Avenue F E B 2 8 2007 Bonita Springs, FL 34135 _ iJ WATER QUALITY SECTION - RE: Exemption ASHEVILLE_WRE_GIO._,N�A�L OFF—ICE a -- Proposed Dam Macon County Dear Mr. Haskins: This is in response to your proposal to construct a dam upstream of Fulcher Road on a tributary to Fulcher Branch. Based on information provided by Mr. Richard Phillips, PE, and Mr. Joe Deal, EI, the dam will have a height less than fifteen feet from the lowest downstream elevation to the crest and be capable of impounding less than ten acre-feet. It will also be considered low hazard and therefore exempt if constructed as proposed. We offer the following comments: 1. Our office encourages the owner of any proposed dam to construct his dam to the same standards as if it were under the jurisdiction of the Dam Safety Law of 1967. 2. If the dam is constructed such that it is 15 feet in height or greater as measured from the highest point on the crest of the dam to the lowest point on the downstream toe and will impound 10 acre-feet or more at the highest point on the crest of the dam,this dam will not be exempt, and engineering certification, and record drawings and specifications will be required along with application processing fees. 3. If future downstream development occurs which would be impacted by a failure of the dam, then the hazard classification would need to be reassessed and could possibly change from low to either intermediate or high hazard classification. Please note that in accordance with General Statute 143-215.25A(a)(6), dams that are determined to be high hazard are subject to the provisions of the Dam Safety Law of 1967 regardless of height or impoundment capacity. The Army Corps of Engineers and the Water Quality Section of this Department should be contacted to determine if additional permits are required. Also, the erosion and sediment control program having jurisdiction should be contacted to determine permit requirements. In any case, sediment must be prevented from entering the waters of the state or flowing onto neighboring property. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574/FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina,27604 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Proposed Harlan Haskins Pond February 20, 2007 Page 2 of 2 You may contact Ms. Janet Boyer,PE, Regional Engineer, at telephone number(828) 296-4500 or a member of the dam safety staff at(919) 733-4574 if you have any questions or if we may be of further assistance in this matter. Sincerely, Maxwell R. Fowler,PE State Dam Safety Engineer cc: Mr. Richard Phillips, PE I� rER-oger dw_ards;Wzter7Qualityd2egioi7al Sup_envisoxr Ms. Janet Boyer,PE,Land Quality Regional Engineer A& : •' NC®ENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section Michael F. Easley, Governor William G. Ross, Jr., Secretary James D. Simons, PG, PE Janet S. Boyer, PE, Regional Engineer March 1, 2007 NOTICE OF DEFICIENCY I J ;Ii i MAR 1 3 2007 CERTIFIED MAIL-7006 2150 0005 2459 3584 f RETURN RECEIPT REQUESTED \IVATER 0 ALI V sic i ra W.M. Anderson Post Office Box 428 Highlands, NC 28741 RE: Anderson Lake Dam (MACON-049) - Macon County Dear Mr. Anderson: The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on February 20, 2007 by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following conditions were noted: • The dam is no longer impounding water. Please advise this office why the dam is in this condition. If the lake is drained for the purpose of repair or alteration to the dam, repair plans must be designed by a registered engineer and submitted to our Raleigh Office and approved prior to beginning the work. In order to ensure the safety of this dam, you are directed to retain the services of a registered professional engineer or an experienced engineering firm to make a study of the conditions outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to this office by June 4, 2007. 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 One www.enr.state.nc.us NorthCarolina An Equal Opportunity/Affirmative Action Employer Nahmally Notice of Deficiency W.M. Anderson March 9, 2007 Page 2 of 2 In addition to the above, the following remedial actions, not requiring design or approval, should be completed by June 4, 2007. These items include the following: • Remove high brush and trees 6" and less in diameter from the top of the dam and the downstream slope. An updated emergency action plan (EAP) will-be required for this dam if one is not already on file. If an existing EAP has not been updated in the past year, the downstream hazards shall be checked and all contact information should be verified. Two copies of the EAP shall be submitted to the Division of Land Resources, and a copy shall be provided to the local emergency management office. Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before June 4, 2007, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, 4eg ne S. Bo er� Y ional Engineer cc: �Roger Edwards, Surface Water Protection Regional Supervisor Maxwell Fowler, PE, State Dam Safety Engineer G:\LQ\Macon\Dams\049-Anderson Lake Dam\NOD 03-09-2007.doc A� NC®ENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE Michael F. Easley,Governor Director and State Geologist William G. Ross Jr., Secretary Certificate of Approval April 5,2007 CERTIFIED MAIL APR 1 1 2007 RETURN RECEIPT WATER QUALITY SECTION Mr. Frank Myatt,Jr. ASHEVILLE RE-gLol\IAL C,=FICE 38 John Justice Road Franklin,North Carolina 28734 Ms. Nancy Mackoviak 504 Laurel Lake Road Franklin,North Carolina 28734 RE: Approval to Repair White-Myatt Dam Macon County State I.D.:MACON-012 Dear Mr. Myatt and Ms. Mackoviak: This is in response to your submission dated January 10, 2007 and March 27, 2007 and received on January 16, 2007 and March 28, 2007 respectively of plans, specifications and design data for the repair of the subject dam in compliance with the Dam Safety Law of 1967. These plans, specifications and design data were prepared under the supervision of Mr. James K. Connors, PE, and Mr. J.C. Bumgarner, PE. This letter constitutes approval of the proposal to repair the subject dam according to the plans and specifications received by this Division on January 16, 2007 and March 28, 2007 with the following stipulations: 1. Mr. James K. Connors, PE, or Mr. J.C. Bumgarner, PE, shall provide engineering supervision. 2. During construction, the Division of Land Resources may require such progress reports as are deemed necessary. 3. Upon completion of the project, Mr. James K. Connors, PE, or Mr. J.C. Bumgamer, PE shall inspect the completed work and upon finding that the work has been done as specified and the dam is safe, shall file with the Division of Land Resources two sets of record drawings and a certificate stating that the work has been completed in accordance with approved plans, specifications and other requirements. Geological Survey•Land Quality•Geodetic Survey Division of Land Resources•1612 Mail Service Center,Raleigh,North Carolina 27699-1612 512 North Salisbury Street,Raleigh,North Carolina 27604 919-733-38331 FAX: 919-715-8801 1 Internet: www.dlr.enr.state.nc.us/dlr.htm An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper Mr. Myatt and Ms. Mackoviak April 5, 2007 Page 2 of 2 4. The water level in the impoundment behind the dam shall be lowered to approximately elevation 2474 as shown on the plan drawings and remain lowered until final approval is issued by the Division of Land Resources for operation of this dam. Also, the discharge of water from the lake shall be performed in such a manner as to preclude off-site sedimentation. 5. You must notify Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 US Highway 70, Swannanoa,North Carolina 28778, (828)296-4500 a minimum of ten days before the start of construction. The Army Corps of Engineers and the Water Quality Section of this Department should be contacted to determine if additional permits are required. Also, the erosion and sediment control program having jurisdiction should be contacted to determine permit requirements. In any case, sediment must be prevented from entering the waters of the state or flowing onto neighboring property. Construction of the repairs must begin within one year of the date of this document or this approval is void. For assistance you may contact the Asheville Regional Office at(828)296- 4500 or a staff member of the Dam Safety Program in the Raleigh Central Office at telephone number(919) 733-4574. Sincerely, v - James D. Simons,PG, PE Director and State Geologist cc: Mr. James K. Connors,PE Mr. J.C. Bumgarner, PE Ms. Janet Boyer, PE, Land Quality Regional Engineer. =Mr—Roger Edwards,_-Surface=Water Protection-Regional_Supervis9r_,.: NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary June 27, 2007 CERTIFIED MAIL - - Y RETURN RECEIPT D Q V Mr. Greg Crawford, CCM a: U U L — 2 2007 Highlands Country Club 981 Dillard Road Highlands,North Carolina 28741 WATER QUALITY SECTION AS;JEVILLE REGIONAL OFFICE RE: Approval to Repair ';;j` Club Lake Dam '`"' i Macon County MACON-037 Dear Mr. Crawford: This is in response to your submission dated April 4, 2007 and received on April 5,2007 of plans, specifications and design data for the repair of the subject dam in compliance with the Dam Safety Law of 1967. ThesW plans, specifications and design data were prepared under the supervision of Mr. Joseph Monroe,PE. This letter constitutes approval of the proposal to repair the subject dam according to the plans and specifications received by this Division on April 5, 2007 with the following stipulations: 1. Mr. Joseph Monroe,PE shall provide engineering supervision. 2. During construction, the Division of Land Resources may require such progress reports as are deemed necessary. 3. Mr. Joseph Monroe, PE shall inspect the drain gate on the dam and determine if replacement is needed. If so,Mr. Monroe shall specify the materials and work, provide engineering supervision, and include the replacement drain gate details in the record drawings. 4. Upon completion of the project, Mr. Joseph Monroe, PE shall inspect the completed work and if the work has been done as specified and the dam is safe, shall file with the Division of Land Resources two sets of record drawings and a certificate stating that the work has been completed in accordance with approved plans, specifications and other requirements. Geological Survey• Land Quality•Geodetic Survey Division of Land Resources•1612 Mail Service Center,Raleigh,North Carolina 27699-1612 512 North Salisbury Street,Raleigh,North Carolina 27604 919-733-38331 FAX: 919-715-8801 1 Internet: www.dlr.enr.state.nc.us/dlr.htm An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper Mr. Greg Crawford Page 2 of 2 5. No water shall be impounded behind the dam until final approval is issued by the Division of Land Resources for operation of this dam. Also, draining of the lake shall be performed in such a manner as to preclude off-site sedimentation. 6. This dam has been classified as a high hazard potential dam. An emergency action plan (EAP) and an operation and maintenance (O&M)plan are required for all high hazard dams. The O&M plan should address routine maintenance, frequency of piezometer readings, frequency of inspections by the owner or the owner's representative, and annual . operation of the bottom drain to ensure that it is functional. It is strongly recommended that the EAP be submitted prior to commencing repairs to deal with problems that may arise during construction. Nevertheless,both the EAP and O&M plan must be received prior to issuance of an approval to impound. 7. You must notify Ms. Janet Boyer, PE, Regional Engineer, Land Quality Section,2090 US Highway 70, Swannanoa,North Carolina 28778, (828) 296-4500 a minimum of ten days before the start of construction. The Army Corps of Engineers and the Water Quality Section of this Department should be contacted to determine if additional permits are required. Also, the erosion and sediment control program having jurisdiction should be contacted to determine permit requirements. In any case, sediment must be prevented from entering the waters of the state or flowing onto neighboring property. Construction of the repairs must begin within one year of the date of this document or this approval is void. For assistance you may contact the Asheville Regional Office at(828)296- 4500 or a staff member of the Dam Safety Program in the Raleigh Central Office at telephone number(919) 733-4574. Smc ely, ames D. Simmons,PG, PE Director and State Geologist cc: Mr. Joseph Monroe,PE Ms. Janet Boyer, PE, Land Quality Regional Engineer /Mr. Roger Edwards, Surface Water Protection Regional Supervisor Geological Survey a Land Quality•Geodetic Survey Division of Land Resources•1612 Mail Service Center,Raleigh,North Carolina 27699-1612 512 North Salisbury Street,Raleigh,North Carolina 27604 919-733-38331 FAX: 919-715-8801 1 Internet: www.dlr.enr.state.nc.us/dlr.htm An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper HCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Michael F. Easley,Governor Director and State Geologist William G. Ross Jr.,Secretary tx:r.1Y.:ram5:,aa,., August 10, 2007 All .,.'/'.emu .:�n,1_In, 2.. Mr. Dan Rogers D DCR Investments,LLC I 141 Chickadee Trail AUG 1 7 20T Franklin,North Carolina 28734 WATER QUALITY SECTION RE: Proposed Upper Crawford Branch Dam ASHEVILLE RE 310NAL OFFiCE Macon County Dear Mr. Rogers: Thank you for the opportunity to review the information regarding the proposed dam. This information was received in our office on April 11, 2007. A response to this submittal was previously issued on May 25, 2007 and requested several additional items that have not been provided. In order to address the question of exemption of the subject dam from the Dam Safety Law of 1967, Land Quality Section personnel from the Asheville Regional Office and Raleigh Central Office conducted an inspection of the proposed site and downstream areas on July 26, 2007 to assess potential downstream hazards for the proposed dam. Based on our review of the above- referenced information and July 26, 2007 site inspection, our office has determined that the proposed dam will not be classified as a high hazard potential dam if constructed as proposed. Based on that assessment and the submitted data showing the proposed dam to be less thannl� feet in height from the highest point on the top of the dam.to the lowest point on the downstream toe of the dam, an exemption can be granted. However, the following comments are offered: 1. Our office encourages the owner of any proposed dam to construct his dam to the same standards as if it were under the jurisdiction of the Dam Safety Law of 1967. This includes retaining a legally-:qualified professional engineer with experience in dam construction to oversee construction of the proposed dam. 2. If the dam is constructed such that it is 15 feet in height or greater as measured from the highest point on the crest of the dam to the lowest point on the downstream toe and will impound 10 acre-feet or more at the highest point on the crest of the dam, this dam will not be exempt, and engineering certification, and record drawings and specifications will be required along with application processing fees. Enforcement action may also be taken. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574/FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina,27604 An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper Mr. Dan Rogers August 10, 2007 Page 2 of 2 3. If future downstream development occurs which would be impacted by a failure of the dam, then the hazard classification would need to,be reassessed and may change from low to either intermediate or high hazard classification. Please note that in accordance with General Statute 143-215.25A(a)(6), dams that are determined to be high hazard are subject to the provisions of the Dam Safety Law of 1967 regardless of height or impoundment capacity. The Army Corps of Engineers and the Water Quality Section of this Department should be contacted to determine if additional permits are required. Also, the erosion and sediment control program having jurisdiction should be contacted to determine permit requirements. In any case, sediment must be prevented from entering the waters of the state or flowing onto neighboring property during construction activities. Please contact Ms. Janet Boyer, PE, Regional Engineer, at telephone number (828) 296-4500 or me at telephone number (919) 733-4574 should you have any questions or if we may be of further assistance in this matter. Sincerely, Maxwell R. Fowler, PE State Dam Safety Engineer MRF/whd cc: Mr. Jack Patton, Clark and Company Ms. Janet Boyer, PE, Land Quality Regional Engineer M,T—Ro-geraEdwa ds;K JateraQual�ity_Regi-ona1 S'�up:enr,Js-or� WDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section Michael F.Easley, Governor William G.Ross,Jr., Secretary James D. Simons, PG, PE, Director and State Geologist Janet S. Boyer, PE, Regional Engineer January 15, 2008 NOTICE OF DEFICIENCY CERTIFIED MAIL-7006 1820 0002 9207 0290 CERTIFIED MAIL-7005 1820 0002 9207 0283 RETURN RECEIPT REQUESTED -. Ms. Linda L. Crockett, Trustee ._. 1310 Gulf Blvd, Apt. 15G r� Clearwater, Florida 33767 4 Ms. Linda L. Crockett, Trustee JAN 16 2008 148 Kings Cove Road Franklin, North Carolina 28734 NIATER QUALITY SECTION ASH EVIL NAL OFFICE LE R� . RE: Macon-028 — Macon County Palmisano Lake Dam, High Hazard Dear Ms. Crockett: The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. Visual inspections of the referenced dam were conducted on December 27, 2007, and January 9, 2008, by staff of the Land Quality Section, Asheville Regional Office and Raleigh Central Office. During the inspection, an additional boil on the downstream face near the right abutment was observed. Our recent inspections indicate that you have not addressed the items of concern in our July 31, 2007, Notice of Deficiency. This Notice of,Deficiency required that a study of these conditions and a repair plan be'submitted to our office by October 31, 2007. We did receive a Project Status Report from Dr. Dan Marks of MARKS ENTERPRISES of NC, PLLC on November 20, 2007. However, to date we have not received the required repair plan. In addition, we observed that the dam was still impounding water. In our October 1, 2007, letter 2090 US Highway 70, Swan nanoa, North Carolina`, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 One www.enr.state.nc.us NorthCarolina An Equal Opportunity/Affirmative Action Employer Naturally Palmisano Lake Dam (MACON-028) January 15, 2008 Page 2 of 3 to you, we instructed you to drain the lake until repairs are completed. Our recent inspections indicate that you have not complied with this instruction. You are instructed to drain the impoundment and keep it drained until necessary repairs are made or a breach plan is submitted and approved by The Division of Land Resources. For earthen dams the rate of draw down shall not exceed 1 foot per day unless approved by our office. Siphoning shall be done under the supervision of a licensed engineer experienced in dam design. The draining shall be done in such a way to minimize the sediment load at the outlet. Contact The North Carolina Division of Water Quality, Roger Edwards, at (828) 296-4500 for additional information on their requirements. You are required to drain this impoundment by March 1, 2008. If reinspection of this site reveals that the impoundment has not been drained, we may present the case information for appropriate enforcement action. The following deficiencies still exist on the dam: • Boils at the toe contact and the downstream face of the dam, excessive seepage in this area next to the right abutment, and slumps on the downstream face of the dam, directly upstream from the location of the boil were observed. Two of the more common types of earthj,darn failures are caused or influenced by excessive seepage. Excessive seepage can produce progressive internal erosion of soil from the downstream slope of the dam or foundation toward the upstream side to form an open conduit or "pipe." Seepage pressures decrease the strength characteristics of the embankment soil. The resulting reduction in the embankment stability can produce a slide failure of the downstream slope. • Water is emerging from both outside walls of the concrete chute spillway, indicating that the spillway repair did not address all the structural and seepage problems of the primary spillway. Excessive seepage can erode the primary spillway and undermine the structural integrity of the spillway and the dam. These conditions appear serious and continue to justify further engineering study to determine appropriate remedial measures. In order to ensure the safety of this dam, you are directed to retain the services of a registered professional engineer or an experienced engineering firm to make a study of the conditions outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to this office by March 1, 2008. An updated Emergency Action Plan (EAP)will be required for this dam if one is not already on file. If an existing EAP has not been updated in the past year, the downstream hazards shall be checked and all contact information should be verified. Two copies of the EAP shall be submitted to the Division of Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612,Attn: Max Fowler, PE, and a copy shall be provided to the local.emergency management office. lranua7ry o Lake Dam (MACON-028) 5, 2008 3 of 3 - Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before February 15, 2008, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to$500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, ?�10 Janet S. Boyer, PE Regional Engineer cc: Maxwell Fowler, PE, State Dam Safety Engineer LRoge.r�Edwards�Surface Water P_rotection_-Regional_Sup.efvisor Dr. Dan Marks, MARKS ENTERPRISES of NC, PLLC; One Palatka Drive; Arden, NC 28704 G:\LQ\Macon\Dams\028-Palmisano Dam\NOD01152008.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section Michael F. Easley, Governor William G. Ross, Jr., Secretary James D. Simons, PG, PE Janet S. Boyer, PE, Regional Engineer January 28, 2008 Y�} L� CERTIFIED MAIL-7005 1820 0002 9207 0450 RETURN RECEIPT REQUESTED �� ! JAN 2 9 Wl J, I I Mr. Richard S. Jones, Jr. WATER 0!_IAUTY SECTION 19 East Main Street aS•-�, - I _ai: l._� PEGiONIAL C-�: Franklin, NC 28734 RE: RS Jones Jr. Upper Dam (MACON-010) Macon County Dear Mr. Jones: We thank you for your December 27, 2007, and January 22, 2008, responses to the November 21, 2007, Notice of Deficiency and appreciate your efforts to rectify the deficiency. We also received the August 24, 2007, letter from Mr. Larry Lackey, PE on December 5, 2007. However, a review of Mr. Lackey's plan, as stated in his letter received December 5, 2007, reveals that his proposed actions to address the tree at the outlet barrel of the dam are inadequate. The July 26, 2007, inspection of the dam by Max Fowler, The State Dam Safety Engineer, revealed that the tree roots are blocking the outflow of the barrel, and that the integrity of the outlet barrel appears to have been impacted. Mr. Lackey's plan to cut the tree within 6-inches of the base and to leave the roots in place may compromise the integrity of the outfall structure and the dam itself. Voids caused by the decay of the root around the barrel outfall may cause seep holes and eventual piping along the barrel. In addition the plan does not address the issue of the structural integrity of the barrel. As previously requested in our Notice of Deficiencies, you are required to retain the services of a registered professional engineer or an experienced engineering firm. The engineer or engineering firm shall have specific expertise in dam design and repair. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K- Dam Safety(15A NCAC 2K). Two copies of this study and plan shall be submitted to this office as soon as possible. 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7034 One www.enr.state.nc.us NorthCarolina An Equal Opportunity/Affirmative Action Employer Naturally Notice of Deficiency RS Jones Jr., Upper Dam (MACON-010) January 28, 2008 Page 2 of 2 If you have not done so already, you are instructed to drain the impoundment and keep it drained until necessary repairs are made or a breach plan is submitted and approved by The Division of Land Resources. Siphoning shall be done under the supervision of a licensed engineer experienced in dam design. The draining shall be done in such a way to minimize the sediment load at the outlet. Contact The North Carolina Division of Water Quality, Roger Edwards, at (828) 296-4500 for additional information on their requirements. We also received a copy of your emergency action plan (EAP), as attached to your January 22, 2008, letter. Again, we appreciate your efforts, but would like to direct you to our website where EAP guidance,iis.av,.ail,able. The website is as follows: http://www.dIr.enr.state.nc.us/pages/damsafetyprogram.htmI The EAP should identify the downstream residents including contact information. Note that you, as owner of the dam, are responsible for assuring that potentially hazardous. situations are identified and that the EAP is implemented when appropriate. Please review the guidance and revise as necessary. Two copies of the revised EAP shall be submitted to the Division of Land .Resources, and a copy shall be provided to the local emergency management office. If you have any questions or would like to discuss, please contact either Laura Herbert or myself at (828) 296-4500. Sincerely, J S. Boyer, PE gional Engineer cc: Eger-Edward s,=Surface__1Nate.r__Protection_Regional_Supe.rviso'r Maxwell Fowler, PE, State Dam Safety Engineer G:\LQ\Macon\Dams\010-RS Jones upper\ResponseLetter01282008.doc RCUNR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section Michael F. Easley, Governor William G. Ross,Jr., Secretary James D. Simons, PG, PE, Director and State Geologist Janet S. Boyer, PE, Regional Engineer May 20, 2008 NOTICE OF DEFICIENCY CERTIFIED MAIL-7005 1820 0002 9207 1884 RETURN RECEIPT REQUESTED I1. MAY 2 2 2008 Virginia,Butler WATER QUALITY SECTION 913 Lang Ave ---r.`H7V11,I RF(','ONAI-OFFICE Conway, SC 29526 RE: Moore Creek Upper Dam — Macon-035 Macon County-, Low Hazard Dear Ms. Butler: The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on April 30, 2008, by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following condition was noted: • The gate valve has been removed from the spillway system causing the pond to entirely. drain. This condition appears serious and justifies further engineering study to determine appropriate remedial measures. Therefore, the pond must remain drained. In order to ensure the safety of this dam, you are directed to retain the services of a registered professional engineer or an experienced engineering firm to make a study of the conditions outlined above. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K- Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to this office by July 18, 2008. 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 www.enr.state.nc.us One NorthCarolina An Equal Opportunity/Affirmative Action Employer vVaturally Notice of Deficiency Moore Creek Upper Dam May 20, 2008 Page 2 of 2 In addition to the above, the following remedial actions, not requiring design or approval, should be completed by July 18, 2008. These items include the following: 1. Immediately install sediment controls in place to prevent further downstream migration of sediment from the dam. 2. Remove small trees and bushes growing along the toe of the dam and establish a permanent grass ground cover. 3. Top-dress the back-slope of the dam with lime and fertilizer this spring and fall to enhance grass growth. 4. Trees and bushes are growing on the dam. This type of growth can cause problems and even failure of the dam by creating holes when trees are uprooted due to wind or ice; by leaving possible seepage holes when trees die and their roots decay; and by causing erosion of the dam around this growth if the dam should overtop. Therefore, we recommend that this type of growth be removed and a good stand of grass cover be established on the dam. Any growth less than six inches in diameter must be cut and removed. Any growth over six inches in diameter must also have the root system excavated and the excavated area be refilled and compacted with a suitable soil material under the supervision of an engineer. An updated Emergency Action Plan (EAP)will be required for this dam if one is not already on file. If an existing EAP has not been updated in the past year, the downstream hazards shall be checked and all contact information should be verified. Two copies of the EAP shall be submitted to the Division of Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612,Attn: State Dam Safety Engineer, and a copy shall be provided to the local emergency management office. Please contact us at 828-296-4500 to advise us of your intended action in this matter. Sincerely, J net S. Boyer, PE egional Engineer cc: State Dam Safety Engineer Roger Edwards, Surface Water Protection Regional Supervisor G:\LQ\Macon\Dams\035 Moore Creek Upper Dam\NOD 05-20-2008.doc FqCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section Michael F. Easley, Governor William G.Ross,Jr., Secretary James D. Simons, PG, PE, Director and State Geologist Janet S. Boyer, PE, Regional Engineer May 20, 2008 NOTICE OF DEFICIENCY CERTIFIED MAIL-7005 1820 0002 9207 1907 E C E IYI E_, 1 CERTIFIED MAIL-7005 1820 0002 9207 1891 RETURN RECEIPT REQUESTED I MAY 2 2 2008 Rainbow Springs Co. _J Charles D. Owen, Jr. WATER QUALITY SECTION PO Box 457 A .EVILLE REGIONAL OFFICE _ Swannanoa, NC 28778 Rainbow Springs Co. Jim Moore 181 Rainbow Springs Rd. Franklin, NC 28734 RE: Moore Creek Lower Dam-MACON-034 Macon County', Low Hazard Dear Mr. Owen and Mr. Moore: The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on April 30, 2008, by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following conditions were noted: • The gate valve has been removed from the spillway system causing the pond to entirely drain. This condition appears serious and justifies further engineering study to determine appropriate remedial measures. Therefore, the pond must remain drained. 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 One www.enr.state.nc.us NorthCarolina An Equal Opportunity/Affirmative Action Employer ;V/rt//rA//y Notice of Deficiency Moore Creek Lower Dam May 20, 2008 Page 2 of 2 In order to ensure the safety of this dam, you are directed to retain the services of a registered professional engineer or an experienced engineering firm to make a study of the condition(s) outlined above. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K- Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to this office July 18, 2008. In addition to the above, the following remedial actions, not requiring design or approval, should be completed by July 18, 2008. These items include the following.- 1. Immediately install sediment controls in place to prevent further downstream migration of sediment from the dam. 2. Remove small trees and bushes growing along the toe of the dam and establish a permanent grass ground cover. 3. Top-dress the back-slope of the dam with lime and fertilizer this spring and fall to enhance grass g rowth. 4. Trees and bushes are growing on the dam. This type of growth can cause problems and even failure of the dam by creating holes when trees are uprooted due to wind or .ice; by leaving possible seepage holes when trees die and their roots decay; and by causing erosion of the dam around this growth if the dam should overtop. Therefore, we recommend that this type of growth be removed and a good stand of grass cover be established on the dam. 'Any growth less than six inches in diameter must be cut and removed. Any growth over six inches in diameter must also have the root system excavated and the excavated area'be refilled and compacted with a suitable soil material under the supervision of an engineer. An updated Emergency Action Plan (EAP)will be required for this dam if one is not already on file. If an existing EAP has not been updated in the past year, the downstream hazards shall be checked and all contact information should be verified. Two copies of the EAP shall be submitted to the Division of Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612, Attn: State Dam Safety Engineer, and a copy shall be provided to the local emergency management office. Please contact us at 828-296-4500 to advise us of your intended action in this matter. Sincerely, anet S. Boyer, PE egional Engineer cc: State Dam Safety Engineer Roger Edwards-, Surface Water Protection Regional Supervisor G:\LQ\Macon\Dams\034 Moore Creek Lower Dam\NOD 05-20-2008.doc Amh MCDENR North Carolina Department.of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary June 13, 2008 Greg Crawford, CCM Highlands Country Club 981 Dillard Road Highlands,North Carolina 28741 RE: Approval to Repair-Extension Club Lake Dam Macon County MACON-037 Dear Mr. Crawford: This is in response to your request dated June 9, 2008 to extend the Approval to Repair issued on June 27, 2007 for the referenced dam. Your request was received in our office on June 11, 2008. This letter constitutes approval of your request to extend the Approval to Repair for one year. Project construction must be in accordance with the plans and specifications submitted to this Division on April 4, 2007 and with the stipulations in the Approval to Repair issued on June 27, 2007. If any modifications to the approved plans or specifications are being considered, such changes will need to be submitted to this office for review and approval prior to construction. Project construction must commence within one year of the date of this approval extension or this approval extension is void. Sincerely, r Francis M.Nevils, Jr.,PE Section Chief - cc: Mr. Joseph S. Monroe, PE ,�)Zoer�Iddurftrelei tXn Spervisor t JUN 1 7 2008 Ms. Janet Boyer, PE,Land Quality Regional Engineer :,~ WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Land Quality Section•1612 Mail Service Center,Raleigh,North Carolina 27699-1612- 512 North Salisbury Street,Raleigh,North Carolina 2I6.04_.— 919-733-45741 FAX: 919-733-28761 Internet: www.dlr.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper