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HomeMy WebLinkAboutNC0021547_Regional Office Historical File Pre 2018 (2) i $fate of North Carolina Department of Environment and Natural Resources Asheville Regional Office James B. Hunt, Jr., Governor Ibl. 'OCDENR Bill Holman, Secretary Derr T. Stevens, Director NORTH CAROLINA DEPARTMENT OF Division of Water Quality ENVIRONMENT AND NATURAL RESOURCES WATER QUALITY SECTION January 2, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Ed Henson,Mayor Town of Franklin 188 West Main Street Franklin,North Carolina 28134 Subject: NOTICE OF VIOLATION Notification of Sewer Line Moratorium Collection System Served by the CR Pump Station Town of Franklin Wastewater Treatment Plant NPDES Permit:NC0025909 Macon County Dear Mr.Ed Henson: The Division of Water Quality has determined the above referenced facility is unable to adequately treat the waste tributary to its wastewater treatment plant. G. S. 143-215.67(a)directs that no person subject to the provisions of G. S. 143-215.1 shall willfully discharge any wastes to a disposal system in excess of the capacity of the disposal system which the disposal system cannot adequately treat. Pursuant to G. S. 143-215.67(a),this Division is unable to approve any additional sewer connections to the collection system served by the CR Pump Station. '+ e ®w o z'ank'i i herby p1 eci _ et`�uaratori um fogtihe p essure seer liT ara+le`is S` 4�42 O+'ld urp .y]Raa ) and the CR 1' mp S a ton eff'ec i pon the re eipt of'ths or esponcienc . r The Asheville Regional Office of Division of Water Quality has reviewed the recent compliance history for the pressure sewer which parallels SR. 1442 (Old Murphy Road)and the CR Pump Station and has noted that there has been fifteen(15) spills over the past five and a half months. The repeated spills at the CR Pump Station may subject the Town of Franklin to a civil penalty of up to$25,000.00 per day. The Town of Franklin should immediately take whatever actions necessary to restore the ability of this pressure sewer to properly transport wastewater to the Town of Franklin's wastewater treatment plant. Additionally, it should be noted that the responsibility to regulate individual sewer connections resides with local governments. 59 Woodfin Place,Asheville North Carolina 28801 Telephone 828-251-6208 FAX 828-251-6452 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper { 4 R Town of Franklin, Sewer Line Moratorium December 20,2000 ` Page 2. By copy of this letter, the Division of Water Quality is notifying the Macon County Building Inspector's office that no new building permits should be issued to those wanting to utilize the above referenced pressure sewer. Please be advised that the permittee is responsible for all violations of the permit, which may occur. Our Regional Staff will assist you in your efforts to return to compliance and will help you in an evaluation of your various options. Should you have any additional questions, please contact me, or Kevin Barnett of my staff at 828-251-6208. Sincerely, orrest R. Westall Water Quality Regional Supervisor cc: Permits and Engineering Unit Compliance/Enforcement Group Kevin H. Barnett Mr.Al Ledford, Town of Franklin Macon County Health Department Macon County Building Inspector 7099 3220 0002 4376 7353 N' m m g m Ven'y �� 3 o ay a rp I m Sr au-� 0 70 - - - 'a 9a OB 5 �t 00 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY v 9 .m M Z `�� -7 �YJ ■ Compleie items 1,2,and 3.Also complete 'Received by(Please Print Clearly) B.X e of elivery item 4 if Restricted Delivery is desired. ; ■ Print your name and address on the reverse m sCD sQ y ~'"� x so that we can return the card to you. C. Signature r Z "7 ■ Attach this card to the back of the mailpiece, X ` ❑Agent o o or on the front if space permits. ❑Addressee D. Is delivery address different from' m 1? ❑Yes oZ Z 1. Article Addressed to: If YES,enter delivery address b low: ❑ No w r MR. ED HENSON, MAYOR t z �- TONAIN OF FRANTi"11-LIlN —1 188 V EST MAIN STREET � v FRANKLIN. NC 28734 s. sery e Type — -- -" fi2 Certified Mail ❑ E press Mail Q 4 9 \ =y El Registered Veltleturn Receipt for Merchandise D B { ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes i 2. Article Number(Copy from service label) ]PS;Form'i38}1;I;,;Julyj 1999 ! 11 1 111 Domestic Return Receipt 102595-99-M-1789 59 Woodfin Place,Asheville North Carolina 28801 'Telephone 828-251-6208 FAX 828-251-6452 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper NCDE14R North Carolina Department of Environment and Natural Resources Division of Water Infrastructure Pat McCrory Kim H.Colson,PE John E.Skvarla, III Governor Acting Director Secretary November 26, 2013 Mr. Mike Decker, Interim County Manager County of Macon 5 West Main Street Franklin, North Carolina 28734 Subject: FINAL Inspection Report Little Tennessee River/Cartoogechaye Creek Trunk Sewer Line &WW Reuse System Gary's Grading &Pipeline Co. Loan No. E-SRL-T-02-.0051 Grant No. E-SRL-T-02-0051 Dear Mr. Decker: The Infrastructure Finance Section performed a Final inspection for this state funded project beginning on Wednesday November 20, 2013. Regularly monthly meetings were conducted on the I"Friday, then lst Thursday each month beginning in March 2010 through May 2012. You should review this report; take actions or provide responses as indicated and then file with your project records. You should maintain those project records, including financial records for 3 years from closeout of the Loan. If you have any questions please contact me at (919) 707-9185 or via e-mail at gerald.horton.@ncdenr.gov. It has been a pleasure working with you and your Staff, your Engineer McGill Associates and with the prime contractor Gary's Grading&Pipeline Co. Sin cerely , / Gerald W. Horton, PE Environmental Engineer Construction Inspection Group cc: Julie Haigler Cubeta, NC Rural Center Mike Waresak, PE, McGill Associates C ock Cranford, As Ze" f11e L7WQ Regia aI tf e� 1 " 'FJ IFS Section Chief- Kim Colson, PE SRL, SRG D � 2Q13 Central Files Permit#WQ002 2711 C:\Jsers\geahnrtun\9nrumei•ts r';q,ets ln.;,. ;\C .Giit;':n;»y SRL6, tit;h\I;Insenu!V,11 11114 C^h;utue RIXi] UN Ft.- 5 recian, FIN L ri 2u rir 3 )C AE i9Yl3♦f45� ._. Infrastructure Finance Section 1633 Mail Service Center.Raleigh.North Carolina 27699-1633 One Location:8'"Floor Archdale Building,512 N.Salisbury St.Raleigh,North Carolina 27604 NorthCarolina Phone:919-707-9169\FAY•919-715-6229 Internet:ifs.maom Macon County -Little Tennessee River/ FINAL Inspection of Nov. 20, 2 Cartoogechaye Creek Trunk Sewer Line &WW Reuse System Gary's Grading &Pipeline Co. Project Nos. E-SRG-T-02-0134, E-SRL-T-02-0051 Page 2 of 3 I. FINAL INSPECTION - Action Items and Comments - The NC Infrastructure Finance Section (IFS) requests a response below from either the Owner or Engineer, as applicable on those items marked *. Item(s) may be addressed via a statement in a cover letter or by submitting the requested information. It is recommended all closeout information be submitted at one time to IFS. If forms are needed to comply with items below, refer to IFS web site ifs.nc.gov 1) * Preparation of Record Drawings is in process. Upon completion of review and edits of the Record Drawings, by Owner, Engineer and Contractor, please provide a set of half sized Final Record Drawings to the Infrastructure Finance Section. 2) * Provide Inspectors daily logs in pdf to Owner and to IFS on CD. 3) * Provide IFS with documentation stating the Warranty Date(s)for the work with indication that all parties Owner, Engineer and Contractor have been informed of that date(s). 4) * When obtained,provide IFS copy of Contractors Release of Liens. 5) * When obtained,provide IFS copy of Contractors Consent of Surety. 6) * Submit Change Orders. IFS understands there will be a CO#14 and a Final CO#15 to adjust quantities. 7) * Submit final reimbursement request to IFS, please note that Owner is responsible for seeking project related Sales Tax reimbursement through the NC Dept. of Revenue. 8) * Submit Owner's Certification of Completion. 9) For the record, IFS has received the Engineer's Certification's for both projects. 10) For the record, Macon County received a $750,000 grant for this project. * Asterisk indicates a response requested 11. Original IFS (formerly CG&L) Loan and Grant budget Project Expense eli ibllee Gary's Grading&Pipeline Co. $ 3,966,589 Gary's Grading&Pipeline Co. $ 892,580 Contingency—5% $ 242,958 Planning and Engineering $ 509,863 Easement Acquisition $ 185,800 Legal /Administrative $ 5,000 Construction Administration &Observation $ 200,000 Total $6,001,990 The above figures are not the final figures because the bids were negotiated and then there were modifications to the Water Reclamation portion of the project. The North Carolina Rural Center i g ran r$750,000. III. CONTRACT- Gary's rading &Pipeline Co., 7434 Hwy 81, Monroe GA 30656 „;- Lie#,6E270, Unli 'ted PU/Water Lines & Sewer Lines, Total contract$4,346,909, of which Sewer$3,966;589; Re se$453,570. Total eligible loan amount is $4,401,909. con County -Little Tennessee River/ FINAL Inspection of Nov. 20, 2013 Cartoogechaye Creek Trunk Sewer Line & WW Reuse System Gary's Grading&Pipeline Co. Project Nos. E-SRG-T-02-0134, E-SRLrT-02-0051 Page 3 of 3 IV. DESCRIPTION of. ELIGIBLE WORK—The work/project consisted of Construction of the Little Tennessee River/Cartoogechaye Creek Trunk Sewer Line under Loan E-SRL-T-02-0051 for transmission of wastewater to the Town of Franklin wastewater treatment plant, to include: o 9,286 linear feet of 24-inch gravity sewer, o 2,867 linear feet of 18-inch gravity sewer, o 12,142 linear feet of 16-inch gravity sewer, o 2,197 linear feet of 12-inch gravity sewer, o 3,380 linear feet of 8-inch gravity sewer, o 93 sanitary sewer 5-foot diameter manholes, o 46 sanitary sewer 4-foot diameter manholes, o 62 service taps, o 255 linear feet of 6-inch sewer service replacement, o 850 linear feet of 4-inch service pipe, o Zickgraf pump station, to include three (3) 668 gpm, 25 Hp pumps, on-site audible & visual high water alarms, & 125 kW emergency generator with automatic transfer switch, o approximately 2,042 linear feet of 12-inch force main, o Industrial Park Pump Station (located off Industrial Park Road SR 1168) to include two (2) 200 gpm- 60 Hp pumps, on-site audible &visual high water alarms, & 85 kW emergency generator with automatic transfer switch, o approximately 13,600 linear feet of 6-inch force main; and miscellaneous asphalt, concrete, curb and gutter replacement and associated sitework. Construction of a 164,866 gpd reclaimed water generation facility under grant#E-SRG-T-02-0134 at the Town of Franklin WWTP consisting of o an effluent transfer pump station located at the chlorine contact basin consisting of dual 229 gpm-5 HP pumps o a 114 fe traveling bridge filter with a backwash pump station with dual 110 gpm, 2 HP pumps o a flowmeter o a turbidity meter o associated yard piping o a reclaimed water irrigation pump station consisting of three 115 gpm- 15 HP pumps o approximately 4,000 linear feet of 8-inch reclaimed water force main and o an irrigation system consisting of 48 fixed 57-gpm sprinkler nozzles with irrigation onto 42.62 acres at the Macon County Landfill (distribution later changed) V. CHANGE ORDERs - there were 13 change orders and there are 2 pending, see comment 6) above VI. Participants at part* or all of Final Inspection * Mike Decker Interim County Manager 828 349-2025 mdecker@maconnc.org * Lori M. Hall Macon County,Finance Director 828 349-2027 lhall @maconnc.org * Chris Stahl Macon County, Supt.Macon County Landfill Mike Waresak,PE McGill Assocs.,Project Mgr. 828 252-0575 mikew@mcgillengineers.com 828 231-0651 Gerald Horton,PE NC Infrastructure Finance Section 919 707-9185(ofc) gerald.horton @ncdenr.gov dY J o ,,a- - ✓6;Y 'ram✓O �f," — I - ��> iaa✓✓� C; ------ --v - 9 Yin 3e ��;�•. v �v�a /j�� �©� 1��''� `'���,.��'���-fib✓o w rn` O 7- TOWN OF FRANKLIN • 7JUN CEIVED ,ys SigiE n. o HO?Lee O 2 5 2013 Post Office Box 1479 Asheville RegionM Office Franklin,North Carolina 28744 (828) 524-2516 June 11, 2013 Mr. Chuck Cranford Surface Water Protection Supervisor North Carolina Division of Water Quality Asheville Regional Office 2090 US Highway 70 Swannanoa,North Carolina 28778 RE: Request to lift Moratorium Town of Franklin Old Murphy Road (SR 1442) Sewer Force Main and CR Pump Station Macon County,North Carolina Dear Mr. Cranford: On January 2, 2000, the North Carolina Department of Environment and Natural Resources, Division of Water Quality (DWQ) issued a Notice of Violation (NOV) to the Town of Franklin, thereby imposing a sewer line moratorium on a portion. of the Town's sewer collection. Specifically, the moratorium was placed on the pressure sewer line which parallels SR 1443 (Old Murphy Road) and the CR Pump Station. A copy of the NOV/moratorium letter issued by the DWQ Asheville Regional Office is attached for your reference, as well as a letter dated August 5, 2009 from your office confirming that the sewer moratorium remained in effect at that time. A sewer system improvements project, jointly funded by the Town of Franklin, Macon County, the North Carolina Division of Water Quality and the North Carolina Rural Center, has resulted in the construction of a new gravity sewer interceptor along Cartoogechaye Creek to allow a portion of the flow that had previously been pumped through the force main to be redirected to the new gravity sewer line. Additionally, a new sewer pump station has been constructed at the Macon County industrial park, allowing the CR Pump Station to be decommissioned. The sewer flows that have been redirected to the new gravity sewer interceptor along Cartoogechaye Creek include the following: the Cartoogechaye Elementary School, the Lyndon B. Johnson Job Corps sewer pump station on Wayah Road, the Enloe sewer pump station, and the nursing home on Old Murphy Road. The new Industrial Park sewer pump station was placed into operation and flows were diverted to the new gravity sewer line along Cartoogechaye Creek in late spring and early summer of 2012. With the redirection of a significant amount of sewer flow to the new Cartoogechaye Creek gravity sewer line, and the greater pumping capacity of the new Macon County Industrial Park sewer pump station, the collection system can be operated within State requirements. Therefore, the Town of Franklin requests that the North Carolina Division of Water Quality issue a written notice of the lifting of the sewer moratorium which was issued on January 2, 2000. If you have any questions regarding this letter, please do not hesitate to contact me. Thank you for your consideration of this request. Sincerely, Warren Cabe Town Manager cc: Jay Gibson, Town of Franklin Mike Waresak, McGill Associates "E"%EIVED M REc�>v�®MCJON kl_�n 2 4 2013 A S S O C I A T E S JUN 28 2013 1pf s P ,fi1Pv, 6'up Se lsli� June 21, 201.3 DWQ/Surface Water Protection 10 Asheville Regional Office Mr. Kim Colsen,PE, Chief -- - North Carolina Department of Environment and Natural Resources Division of Water Quality Infrastructure Finance Section 1633 Mail Service Center Raleigh,North Carolina 27699-1633 RE: Engineer's Certification Little Tennessee River and Cartoogechaye Creek Trunk Sewer Project No. E-SRG-T-02-0134 Permit No. WQ0022271 Macon County,North Carolina Dear Mr. Colsen: In accordance with the above referenced permit issued by your office, please find enclosed the Engineer's Certification for the completed sewer system improvements. If you need any additional information at this time,please contact us. Sincerely, McGILL ASSOCIATES, P.A. MIKE WARESAK, PE Senior Project Manager Enclosure cc: Jack Horton, Macon County(w/encl) Warren Cabe, Town of Franklin(w/encl) Jay Gibson, Town of Franklin(w/encl) Gerald Horton,NCDWQ-IFS (w/encl) Chuck Cranford,NCDWQ, Asheville RO (w/encl) P:01713/1etters/kc21jun13-eng certification-sewer system.doc E n g i n e e r i n g • P l a n n i n g • F i n a n c e McGill Associates,P.A. • P.O.Box 2259,Asheville,NC 28802 • 55 Broad Street,Asheville,NC 28801 828-252-0575 • Fax:828-252-2518 I Macon County Modified Permit No. WQ0022271 Little Tennessee River/Cartoogechaye Creek Trunk Sewer Line R.EC VE0 Issued September 24, 2009 LL�lUN 4 2013 ENGINEER'S CERTIFICATION I, a�+ e 1 c�Jr. a r r S a/c , as a duly registered Professional Engineer in the State of North Carolina,having been authorized to observe(periodically,4A.ee4@i54f,&ii4im,&)the construction of the Little Tennessee River/Cartoogechaye Creek Trunk Sewer Line serving Macon County, hereby state that to the best of my abilities, due care and diligence was used in the observation of the following construction: The Little Tennessee River/Cartoogechaye Creek,Trunk Sewer Line for transmission of wastewater to the Town of Franklin wastewater treatment plant including: 15,038 linear feet of 24-inch gravity sewer, 695 linear feet of 18-inch gravity sewer, 10,206 linear feet of 16-inch gravity sewer, 1,123 linear feet of 12-inch gravity sewer,4,082 linear feet of 8-inch gravity sewer; 107 sanitary sewer 5- foot diameter manholes; 41 sanitary sewer 4-foot diameter manholes; 70 service taps; 220 linear feet of 6-inch sewer service replacement; 650 linear feet of 4-inch service pipe; a duplex grinder pump station, with 20 gpm pumps and audible and visual alarms serving an RV Park(1,800 GPD)with 100 linear feet of 2-inch force main; abandonment of. Indian Mound Pump Station (on US 441 Business), Beldon Pump Station, Cartoogechaye Elementary School Pump Station, and the existing Industrial Park Pump Station; the new Industrial Park Pump Station(located off Industrial Park Road SR 1.168)including two (2) 200 gpm pumps, on-site audible and visual high water alarms and a 150 kW emergency generator with automatic transfer switch,pumping into approximately 13,622 linear feet of 6-inch force main. I certify that the construction of the above referenced project was observed to be built within substantial compliance and intent of the approved plans and specifications. Signature p%CZ1A Registration No. D 1 157 ro Date -�i.Z o ► RECEIVED ., �� 51> Mail this Certification to: DENR/DWQ ?? n V7( �6 Construction Grant &LoanslecMin 2013 / SAL 1633 Mail Service enter oction eSeatir il Ofcs eRaleigh,NorthChnWaQ�WTa teo Note: If the wastewater collection permit was issued to a private entity under an _.._ Operational Agreement with the Environmental Management Commission, then a copy of the Articles of Incorporation, Declarations, and Bylaws that have been properly filed with the applicable County's Register of Deeds shall be submitted with this certification. o- - - - I-I T ( - O rc, Am- � 1 P • .:y y w _ ' •• .. .--m tic, E,i a` A14 NCDENR North Carolina Department of Environment and Natural Resources Division of Water,Quality. Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary August 5, 2009 Mr. Sam Greenwood, Town Manager Town of Franklin Post Office Box 1479 Franklin, North Carolina 28744 Subject: Sewer Moratorium US Highway 64 Corridor Town of Franklin Macon County Dear Mr. Greenwood: We are pleased to hear that the Town of Franklin is pursuing supplemental funding from the Rural Center to assist in the completion of the sewer system. necessary to provide proper sewer service to the Highway 64 corridor. On January 2, 2000 the CR Pump Station and the force main paralleling Old Murphy Road were placed on moratorium as a result of frequent overflows from the CR Pump Station. This restriction on any new connections to this system remains in effect. New construction taking place after January 2, 2000, which would normally use the CR Pump Station or Old Murphy Road force main, has had to find some alternative means of sewer service. In a growing area like Franklin, which has a central sewer system, you:would always prefer use of the central system rather than a proliferation of alternative individual systems. This project, when completed, should have the effect of reducing the volume of Infiltration/Inflow entering the Town's collection system. This reduction in volume of extraneous flow will have the benefit of reducing frequency and volume of Sanitary Sewer overflows occurring on the Greenway. Reducing the volume of raw sewage at this very public location is considered highly desirable from the public health standpoint. The proposed project will allow the abandonment of two old "can style" pump stations with their attendant confined space problems and difficulty of access for purposes of maintenance. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-29645001 FAX:828-299-70431 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org )Vatu // rally An Equal Opportunity 1 Affirmative Action Employer Mr. Sam Greenwood August 5, 2009 Page 2 of 2 I wish the Town success in seeking supplemental Rural Center funding. Please do not hesitate to call me at (828) 296-4659 if I can be of further assistance. Sincerely, Roy M. Da is Environmental Engineer Xc: Forest Westall, PE. G:\WPDATA\DEMWQ\Macon\Franklin Collection System\Highway 64 Sewer Letter.09.doc { S State of North Carolina Department of Environment and Natural Resources Asheville Regional Office James B. Hunt, Jr., Governor NCDENR Bill Holman, Secretary Kerr T. Stevens, Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Division of Water Quality WATER QUALITY SECTION January 2,2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr.Ed Henson,Mayor Town of Franklin 188 West Main Street Franklin,North Carolina 28134 Subject: NOTICE OF VIOLATION Notification of Sewer Line Moratorium Collection System Served by the CR Pump Station Town of Franklin Wastewater Treatment Plant NPDES Permit:NC0025909 Macon County Dear Mr.Ed Henson: The Division of Water Quality has determined the above referenced facility is unable to adequately treat the waste tributary to its wastewater treatment plant. G. S. 143-215.67(a)directs that no person subject to the provisions of G. S. 143-215.1 shall willfully discharge any wastes to a disposal system in excess of the capacity of the disposal system which the disposal system cannot adequately treat. Pursuant to G. S. 143-215.67(a),this Division is unable to approve any additional sewer connections to the collection system served by the CR Pump Station 1�ne Town of Franklin is hereby placed omsewer moratonumffor the pressure; sewerwhrch parallels SR 1442r(Old Murphy Road) andahe CR Pump Stanoeffective upon the-'receipt of this"+ correspondence. - - - a . The Asheville Regional Office of Division of Water Quality has reviewed the recent compliance history for the pressure sewer which parallels SR. 1442(Old Murphy Road)and the CR Pump Station and has noted that there has been fifteen(15) spills over the past five and a half months.The repeated spills at the CR Pump Station may subject the Town of Franklin to a civil penalty of up to $25,000.00 per day. The Town of Franklin should immediately take whatever actions necessary to restore the ability of this pressure sewer to properly transport wastewater to the Town of Franklin's wastewater treatment plant. Additionally,it should be noted that the responsibility to regulate individual sewer connections resides with local governments. 59 Woodfin Place,Asheville North Carolina 28801 Telephone 828-251-6208 FAX 828-251-6452 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper i 5 ' r' a'r Town of Franklin, Sewer Line Moratorium December 20,2000 Page 2. By copy of this letter,the Division of Water Quality is notifying the Macon County Building Inspector's office that no new building permits should be issued to those wanting to utilize the above referenced pressure sewer. Please be advised that the permittee is responsible for all violations of the permit, which may occur. Our Regional Staff will assist you in your efforts to return to compliance and will help you in an evaluation of your various options. Should you have any additional questions, please contact me, or Kevin Barnett of my staff at 828-251-6208. Sincerely, orrest R.Westall Water Quality Regional Supervisor cc: Permits and Engineering Unit Compliance/Enforcement Group Kevin H.Barnett- Mr.Al Ledford, Town of Franklin Macon County Health Department Macon County Building Inspector 7099 3220 0002 4376 7353 . N; g 0 mm me O SENDER: COMPLETE • • • • DELIVERY to m°'a F m' 00 m m Z t� ■ Compleie items 1,2,and 3.Also complete Received by(Please Print Clearly) B. D e of elivery C) I� �: item 4 if Restricted Delivery is desired. 'o H Mns sm t'' ■ Print your name and address on the reverse C. Signature c `-' hZ x so that-we can return the card to you. ❑A ent Z It Cif ■ Attach this card to the back of the mailpiece, X g o c Z %v or on the front if space permits. ❑Addressee oC7 Z O D. Is delivery address ifferent from m 1? ❑Yes ' 1. Article Addressed to: If YES,enter delivery address b low: ❑No 00 'MR. ED HENSON, MAYOR TOWN OF FRAN *LIN i 1 188 WEST MAIN STREET IIFRANKLIN, NC 28734 3. 0C aType Certified Mail ❑ E press Mail =y ❑ Registered PolReturn Receipt for Merchandise \ I!I ❑ Insured Mail ❑C.O.D. i x ! 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Copy from service label) Ps:Form 381,1,July 1999 t t I' Domestic Return Receipt 102595-99-M-1789 59 Woodfin Place,Asheville North Carolina 28801 Telephone 828-251-6208 FAX 828-251-6452 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper gMcGill RECEI VED C (DPY A S S O C I A T E S June 21, 2013 JUN 2 4 2013 DWQ/Surface Water Protection io Mr. Kim Colsen,PE, Chief Asheville Regional office North Carolina Department of Environment and Natural Resources Division of Water Quality Infrastructure Finance Section 1633 Mail Service Center Raleigh,North Carolina 27699-1633 RE: Engineer's Certification Little Tennessee River and aI tcha:,e Creek_Trunk Sewer-_ Project No. E-SRG-T-02-0134 Permit No W 00222.7_�'L-1 Macon County,North Carolina Dear Mr. Colsen: In accordance with the above referenced permit issued by your office, please find enclosed the Engineer's Certification for the completed sewer system improvements. If you need any additional information at this time, please contact us. Sincerely, McGILL ASSOCIATES, P.A. MIKE WARESAK, PE Senior Project Manager Enclosure cc: Jack Horton, Macon County (w/encl) Warren Cabe, Town of Franklin (w/encl) Jay Gibson, Town of Franklin (w/encl) Gerald Horton,NCDWQ-IFS (w/encl) yChuck Cranford,NCDWQ, Asheville RO (w/encl) P:01713/1etters/kc21jun13-eng certification-sewer system.doc E n g i n e e r i n g a P l a n n i n g ® F i n a n c e McGill Associates,P.A. o P.D.Box 2259,Asheville,NC 28802 - 55 Broad Street,Asheville,NC 28801 828-252-0575 • Fax:828-252-2518 Macon County Modified Permit No. WQ0022271 Little Tennessee River/Cartoogechaye Creek Trunk Sewer Line Issued September 24, 2009 ENGINEER'S CERTIFICATION I, M e AA a r r T a k , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, e ) the construction of the Little Tennessee River/Cartoogechaye Creek Trunk Sewer Line serving Macon County, hereby state that to the best of my abilities, due care and diligence was used in the observation of the following construction: The Little Tennessee River/Cartoogechaye Creek.Trunk Sewer Line for transmission of wastewater to the Town of Franklin wastewater treatment plant including: 15,038 linear feet of 24-inch gravity sewer, 695 linear feet of 18-inch gravity sewer, 10,206 linear feet of 16-inch gravity sewer, 1,123 linear feet of 12-inch gravity sewer, 4,082 linear feet of 8-inch gravity sewer; 107 sanitary sewer 5- foot diameter manholes; 41 sanitary sewer 4-foot diameter manholes; 70 service taps; 220 linear feet of 6-inch sewer service replacement; 650 linear feet of 4-inch service pipe; a duplex grinder pump station, with 20 gpm pumps and audible and visual alarms serving an RV Park(1,800 GPD) with 100 linear feet of 2-inch force main; abandonment of. Indian Mound Pump Station (on US 441 Business), Beldon Pump Station, Cartoogechaye Elementary School Pump Station, and the existing Industrial Park Pump Station; the new Industrial Park Pump Station (located off Industrial Park Road SR 1168) including two (2) 200 gpm pumps, on-site audible and visual high water alarms and a 150 kW emergency generator with automatic transfer switch, pumping into approximately 13,622 linear feet of 6-inch force main. I certify that the construction of the above referenced project was observed to be built within substantial compliance and intent of the approved plans and specifications. Signature Registration No. Ss� ¢ Date f;/�, Mail this Certification to: DENR/DWQ � � �� � �� s�_\\ Construction Grants &Loans Section /lr �` AL z � 1633 Mail Service Center Raleigh, North Carolina 27699-1633. Note: If the wastewater collection permit was issued to a private entity under an Operational Agreement with the Environmental Management Commission, then a copy of the Articles of Incorporation, Declarations, and Bylaws that have been properly filed with the applicable County's Register of Deeds shall be submitted with this certification. ASSOCIATESIMMcGM ... .. ` June 21, 2013 Mr. Kim Colsen, PE, Chief North Carolina Department of Environment and Natural Resources Division of Water Quality Infrastructure Finance Section 1633 Mail Service Center Raleigh,North Carolina 27699-1633 RE: Engineer's Certification Little Tennessee River and Cartoogechaye Creek Trunk Sewer Project No. E-SRG-T-02-0134 Permit No. WQ0022271 Macon County,North Carolina Dear Mr. Colsen: In accordance with the above referenced permit issued by your office, please find enclosed the Engineer's Certification for the completed sewer system improvements. If you need any additional information at this time, please contact us. Sincerely, McGILL ASSOCIATES, P.A. MIKE WARESAK, PE Senior Project Manager Enclosure cc: Jack Horton, Macon County (w/encl) Warren Cabe, Town of Franklin (w/encl) VJay Gibson, Town of Franklin (w/encl) Gerald Horton,NCDWQ-IFS (w/encl) Chuck Cranford,NCDWQ, Asheville RO (w/encl) P:01713/letters/kc21jun13-eng certification-sewer system.doc E n g i n e e r i n g m P l a n n i n g o F i n a n c e McGill Associates,P.A. • P.O.Box 2259,Asheville,NC 28802 • 55 Broad Street,Asheville,NC 28801 828-252-0575 • Fax:828-252-2518 PPP Macon County Modified Permit No. WQ0022271 Little Tennessee River/Cartoogechaye Creek Trunk Sewer Line Issued September 24, 2009 ENGINEER'S CERTIFICATION I, M'd A ol e l _J_ Ware S a/c- —, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically4v*eeWyAf;H14 4R;4) the construction of the Little Tennessee River/Cartoogechaye Creek Trunk Sewer Line serving Macon County, hereby state that to the best of my abilities, due care and diligence was used in the observation of the following construction: The Little Tennessee River/Cartoogechaye Creek.Trunk Sewer Line for transmission of wastewater to the Town of Franklin wastewater treatment plant including: 15,038 linear feet of 24-inch gravity sewer, 695 linear feet of 18-inch gravity sewer, 10,206 linear feet of 16-inch gravity sewer, 1,123 linear feet of 12-inch gravity sewer, 4,082 linear feet of 8-inch gravity sewer; 107 sanitary sewer 5- foot diameter manholes; 41 sanitary sewer 4-foot diameter manholes; 70 service taps; 220 linear feet of 6-inch sewer service replacement; 650 linear feet of 4-inch service pipe; a duplex grinder pump station, with 20 gpm pumps and audible and visual alarms serving an RV Park(1,800 GPD) with 100 linear feet of 2-inch force main; abandonment of: Indian Mound Pump Station (on US 441 ,-business), Beldon Pump Station, Cartoogechaye Elementary School Pump Station, and the existing % `-]-Park Pump Station; the new Industrial Park Pump Station (located off Industrial Park Road _1:10 tw_ o (2) 200 gpm pumps, on-site audible and visual high water alarms and a 150 =pith automatic transfer switch, pumping into approximately 13,622 linear —roje_ct was observed to be built within ­r-ifications. r , r Macon County Modified Permit No. WQ0022271 Little Tennessee River/Cartoogechaye Creek Trunk Sewer Line Issued September 24, 2009 ENGINEER'S CERTIFICATION I, M e PJ w r e S ir/C , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, e ) the construction of the Little Tennessee River/Cartoogechaye Creek Trunk Sewer Line serving Macon County, hereby state that to the best of my abilities, due care and diligence was used in the observation of the following construction: The Little Tennessee River/Cartoogechaye Creek.Trunk Sewer Line for transmission of wastewater to the Town of Franklin wastewater treatment plant including: 15,038 linear feet of 24-inch gravity sewer, 695 linear feet of 18-inch gravity sewer, 10,206 linear feet of 16-inch gravity sewer, 1,123 linear feet of 12-inch gravity sewer, 4,082 linear feet of 8-inch gravity sewer; 107 sanitary sewer 5- foot diameter manholes; 41 sanitary sewer 4-foot diameter manholes; 70 service taps; 220 linear feet of 6-inch sewer service replacement; 650 linear feet of 4-inch service pipe; a duplex grinder pump station, with 20 gpm pumps and audible and visual alarms serving an RV Park(1,800 GPD) with 100 linear feet of 2-inch force main; abandonment of: Indian Mound Pump Station (on US 441 Business), Beldon Pump Station, Cartoogechaye Elementary School Pump Station, and the existing Industrial Park Pump Station; the new Industrial Park Pump Station (located off Industrial Park Road SR 1168) including two (2) 200 gpm pumps, on-site audible and visual high water alarms and a 150 kW emergency generator with automatic transfer switch, pumping into approximately 13,622 linear feet of 6-inch force main. I certify that the construction of the above referenced project was observed to be built within substantial compliance and intent of the approved plans and specifications. Signature Registration No. 0 G'F SRO Date �D —/✓-Z ® I ����E�klldfPl�� 0 ' Mail this Certification to: DENR/DWQ 1 t4goib Construction Grants & Loans Section MAL 1633 Mail Service Center f z i Raleigh, North Carolina 27699-1633. Note: If the wastewater collection permit was issued to a private entity under an Operational Agreement with the Environmental Management Commission, then a copy of the Articles of Incorporation, Declarations, and Bylaws that have been properly filed with the applicable County's Register of Deeds shall be submitted with this certification. --- I " `I- loslao �, p -- II _'__ '�. ��_-- -- -- -- `l- -- -- --- ri` 'o�.�_-- -- ------- ---- - -- - - ----- - -3��-.;� - - _- - - --'j --- -- -- - - - - -- - -� - - - - -- - _ - -- - - _ -- - .1 f,] y � _ 1 � �) r _ � y � - . y �� II 1► � II � � � � �, � 4 ; � II � � � � d i� � G cis � � � II � i I� I► '� � � , � �� � �` li � w C � � �I f I Q vi a i + ZI,I n 42 y 4 I I I d v P I I 36( I I I 1H, � �,, p I' I II i� I � II ! 'I 'I ,I � ,� I 'I j i► �II f � Michael F.Easley,Governor c ti William G.Ross Jr.,secretary North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.Director Division of Water Quality March 13, 2007 Mr. Sam Greenwood, County Manager County of Macon 5 West Main Street Franklin,North Carolina 28734 SUBJECT: Macon County Little Tennessee River/Cartoogechaye Creek Trunk Sewer Line and Wastewater Reuse System Approval of the Plans and Specifications Project Nos. E-SRG-T-02-0134, E-SRL-T-02-0051 Dear Mr. Greenwood: The review for completeness and adequacy of the project construction plans and specifications has been concluded by the Construction Grants & Loans Section of the North Carolina Division of Water Quality. Therefore, said plan documents are hereby approved with eligibility for State funding determined as follows: Eligible Construction of the Little Tennessee River/Cartoogechaye Creek Trunk Sewer Line, for transmission of wastewater to the Town of Franklin wastewater treatment plant, to include 9,286 linear feet of 24-inch gravity sewer, 2,867 linear feet of 18-inch gravity sewer, 12,142 linear feet of 16-inch gravity sewer, 2,187 linear feet of 12-inch gravity sewer, 3,380 linear feet of 8-inch gravity sewer; 93 sanitary sewer 5-foot diameter manholes; 46 sanitary sewer 4-foot diameter manholes; 62 service taps; 255 linear feet of 6-inch sewer service replacement; 850 linear feet of 4-inch service pipe; Zickgraf pump station, to include three (3) 668 gpm, 25 Hp pumps, on-site audible and visual high water alarms, and a 125 kW emergency generator with automatic transfer switch, pumping into approximately 2,042 linear feet of 12-inch force main; Industrial Park Pump Station(located off Industrial Park Road SR 1168) to include two (2) 200 gpm, 60 Hp pumps, on-site audible and visual high water alarms, and a 85 kW emergency generator with automatic transfer switch, pumping into approximately 13,600 linear feet of 6-inch force main; and miscellaneous asphalt, concrete, curb and gutter replacement and associated sitework. Construction of a 164,866 gpd reclaimed water generation facility at the Town of Franklin WWTP consisting of an effluent transfer pump station located at the chlorine contact basin consisting of dual 229 gpm, 5 Hp pumps; a 114 ft2 traveling bridge filter with a backwash pump station consisting of dual 110 gpm, 2 Hp pumps; a flowmeter; a turbidity meter; associated yard piping; a reclaimed water irrigation pump station consisting of three It 5 gpm, 15 Hp pumps; approximately 4,000 linear feet of 8-inch reclaimed water force main; and an irrigation system consisting of 48 fixed 57-gpm sprinkler nozzles with irrigation onto 42.62 acres at the Macon County Landfill. Construction Grants and Loans Section one 1633 Mail Service Center Raleigh NC 27699-1633 NofthCa ohna Phone:919-733.6900/FAX:919-715-6229/Internet:www.nccgl.net NatmallyAn Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Mr. Sam Greenwood, County Manager March 13, 2007 Page 2 Issuance of this approval letter does not imply availability of funding. You are encouraged not to advertise for bids until you have received the funding offer. In the event that received bids exceed the amount established through the funding offer, and local funds are not adequate to award contract(s), it will be necessary to consider all alternatives including redesign, re-advertising, and rebidding. Neither the State nor Federal Government, nor any of its departments, agencies or employees is or will be a party to the invitation to bids, addenda, any resulting contracts or contract negotiations/changes. In accordance with the Federal Regulations, the Recipient is required to assure compliance with the OSHA safety regulations on the subject project. In complying with this regulatory responsibility, the Recipient should, by letter, invite the Training Officer, Education Training and Technical Assistance Unit, NC OSHA Division, 1101 Mail Service Center, Raleigh,NC 27699-1101 (telephone 919/807-2890), to participate in the Preconstruction Conference to assure that proper emphasis is given on understanding and adhering to the OSHA regulations. It is the responsibility of the Recipient and the Consulting Engineer to insure that the project plan documents are in compliance with Amended N. C. G. S. 133-3 (ratified July 13, 1993). The administrative review and approval of these plans and specifications, and any subsequent addenda or change order, do not imply approval of a restrictive specification for bidding purposes; nor is it an authorization for noncompetitive procurement actions. According to 15A NCAC 02T .0305(f), a 50-foot buffer from all waters classified WS will be maintained where possible. Any addenda to be issued for subject project plans and specifications must be submitted by the Recipient such that adequate time is allowed for review/approval action by the State, and for subsequent bidder action prior to receipt of bids. It is mandatory for project facilities to be constructed in accordance with the North Carolina Sedimentation Pollution Control Act, and, when applicable, the North Carolina Dam Safety Act. In addition, the specifications must clearly state what the contractors' responsibilities shall be in complying with these Acts. While rejection of all bids is possible, such action may be taken only with prior State concurrence, and only for good cause. The Recipient will comply with the utilization of minority businesses in accordance with GS 143-128. Mr. Sam Greenwood, County Manager March 13, 2007 Page 3 Attached is a form(Part B), which is to be completed within 21 days after bids have been received, and submitted to the State for review. It must be accompanied by the documents indicated on the form. Upon review and approval of this information, the State will authorize the Recipient to make the proposed award. Prior to entering into any contract(s) for construction, the recipient must have obtained all applicable project Permits from the State, including an Authorization to Construct and/or Non- Discharge Permit. Two (2) copies of any change order must be promptly submitted by the Recipient to the State. If additional information is requested by the State, a response is required within two (2) weeks, or the change order will be returned without further or final action. One (1) set of the final approved plans and specifications will be forwarded to you. One (1) set of plans and specifications identical to the approved set must be available at the project site at all times. Upon completion of the project construction, the Recipient shall submit a letter confirming that the project has been constructed in accordance with the plans and specifications approved by the State. "As-built" plans will need to be submitted with any changes clearly documented on the plans if the above confirmation cannot be made. If there are any questions concerning this matter, please do not hesitate to contact Mr. Cecil G. Madden, Jr., P. E. at (919) 715-6203. Sincerely, ohn R. Blowe, P.E., Chief onstruction Grants & Loans Section Attachment 2 kp:cgm : cc: Michael J. Waresak, P.E., McGill Associates, Asheville, NC OSHA Training Officer, Les Kafel 1 RWT777 Don Evans Daniel Blaisdell, P.E. Mark Hubbard, P.E. Valerie Lancaster Cecil G. Madden, Jr., P.E. Ken Pohlig, P.E. SRG SRL -91 • r ✓ l t y rood C�c) i QF yN]A Michael F.Easley,Governor William G.Ross Jr.,Secretary i� North Carolina Department of Environment and Natural Resources � I 0} Alan W.Klimek,P.E.Director. s — Diulsion 4f later Qualltl Or l `V February 20, 2007 �`` —'— < 'i Mr. Sam Greenwood, County Manager � FEB 2 2007 County of Macon `` ! 5 West Main Street wA. �R,1LIAuTY S`` '1CIN E Franklin, North Carolina 28734 FI -- SUBJECT: Approval -Macon County Engineering Ai�mendren toj£ngineerkng`ReRorxl(February 2007) L>ill=enne�seeverJ_�ri�to�gecla��e Ciee1�Sv�veY:Li�e and Wastewater Reuse System Project Nos. E-SRG-T-02-0134 and E-SRL-T-02-005 t Dear Mr. Greenwood: The Construction Grants and Loans Section of the Division of Water Quality has completed its review of the subject Engineering Amendment to Engineering Report (February 2007). This engineering amendment involves the following changes to the previously approved project: deletion of approximately 3,100 linear feet (l.f.) of 24-inch gravity sewer line, deletion of approximately 500 l.f. of tunneling of steel encasement pipe and associated 24-inch carrier gravity sewer pipe, addition of one (1) sewage pump station, addition of approximately 2,050 l.f. of 12-inch force main, and addition of approximately 1,6701.f. of 18-inch gravity sewer line. Other engineering components proposed in the Engineering Report that were previously approved by the Construction Grants & Loans Section will remain unchanged. The subject Macon County Engineering Amendment to Engineering Report (February 2007)is hereby approved. If you have any questions concerning this matter, please contact Mr. Daniel Blaisdell, P.E. of our staff at (919) 715-6211. Sincer n R. Blowe, P.E., Chief onstruction Grants and Loans Section ZQC/dr cc: McGill Associates - MikeZ- sak, P.E. O'WQ:�Ashe�u1�e R�eg�i.onal'§*.f cc Daniel Blaisdell, P.E. Zi-Qiang Chen, Ph.D. Jennifer Haynie PMB/DMU/FEU/SRG/SRL Construction Grants and Loans Section One 1633 Mail Service Center Raleigh NC 27699-1633 NorthCarolina Phone:919-733-6900/FAX:919-715-6229!Internet:www.nccgl.net An Eaual 0000rtunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Naturally �0F VNATF9P j Michael F.Easley,Governor William G.Ross Jr.,Secretary rNorth Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.Director Division of Water Quality -pl 111b 2Q04 SEP - 9 2004 DO Mr. Sam Greenwood, County Manager WATER QUALITY SECTION County of Macon ASHEVILLE REGIONAL OFFICE 5 W. Main Street Franklin, North Carolina 28734 SUBJECT: Macon County Preliminary Engineering Reportland -Environmen taI Asses°srnent Project No. E-SRG-T-02-0134 E-SRL-T-02-0051 Dear Mr. Greenwood: The Construction Grants and Loans Section has received comments from review agencies. The Memorandum from the Water Quality Section is included for informational purposes only. The attached comments from the North Carolina Wildlife Resources Commission and the U.S. Fish and Wildlife Service must be addressed. These comments are also being sent directly to your consulting engineer, McGill Associates,by copy of this letter. The Facilities Evaluation Unit (FEU) is still awaiting a response to minor environmental comments on the subject project that were submitted to McGill Associates on August 6, 2004. A revised Preliminary Engineering Report and Environmental Assessment that incorporates responses to these three sets of comments should be submitted for review and approval as soon as possible. Providing thorough and complete responses to these review comments in a timely manner is necessary to avoid delays of the project approval. In an effort to reduce the schedule for the Preliminary Engineering Report approval, it is suggested that the county and its engineer resolve the environmental issues and concerns discussed in the attached comments by directly contacting the commenting agencies. Construction Grants and Loans Section One 1633 Mail Service Center Raleigh NC 27699-1633 NoI-thCar®ling Phone:919-733-6900/FAX:919-715-6229/Internet:www.nccgi.net An Fnual nnnnrtnnifv/Affirmafiva Artinn Fmnlovar—50%RACVCIP.d11n%Post Cnn.ulmPr Panar Nah(ral4o a Mr. Sam Greenwood, County Manager Page 2 September 7, 2004 If you or your engineer have any questions or need assistance in resolving these environmental issues,please call Ms. Hannah Stallings at(919) 715-6209. Also, if there are questions concerning this review, you may contact me at(919) 715-6225. Si cerely, K. Lawrenc Horton, III, P. E., Supervisor Facilities aluation Unit HS/sd Attachment: (all cc's) Cc: Dana Bolden, P. E., McGill Associates DWQ Asheville Regional Office Daniel Blaisdell, P. E. Zi-Qiang Chen, Ph.D. Hannah Stallings DMU/PMB/FEU/SRG/SRL W R 9 Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources �l!'2 c�j F ; Alan W.Klimek,P.E.Director 36. _ r � � t '6Z—C i?At Division of Water Quality 4 F _ Coleen H.Sullins,Deputy Director L u 'i) Division of Water Quality S EP - 9 2004 fit,%: tiv MEMORAN UM WATER QUALITY SECTION vva a ASHEVILLE REGIONAL OFFICE lG�'� IJlh TO: Hannah Stallings, DWQ-Construction Grants and Loans FROM: Alex Marks, DWQ-WQS Planning Branch I� RE: Environmental Assessment.�Lrttiie Tennessee=River/Cartoogechay_e_Creek SewerLine,, Macon County DATE: June 1, 2004 The Local Government Assistance Unit in the Division of Water Quality's Water Quality Section (Section) has reviewed the subject environmental assessment. The Water Quality Section works to maintain or restore and improve aquatic environments for protection of existing or best intended uses of surface waters. Those uses include drinking water, recreation, agricultural and other purposes, and the protection and maintenance of aquatic life. At this time we have no further comments on the document and will not object to your issuance of a Finding of No Significant Impact provided it is inclusive of all mitigation measures tD contained in the environmental assessment. I may be reached at (919) 733-5083 ext. 555 should you have any questions. Thank you for the opportunity to comment. irA ICDEN-R N.C.Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 (919)733-7015 Customer Service 1-877-623-6748 gNT OF T VJ 9 United States Department of the Interior j 0 _A9 FISH AND WILDLIFE SERVICE ARCH 3 �a Asheville Field Office 160 Zillicoa Street s Asheville, North Carolina 28801 September 2, 2004I ttCE VED Ms. Hannah Stallings Environmental Assessment Coordinator Construction Grants and Loans Section North Carolina Department of Environment and Natural Resources 1633 Mail Service Center Raleigh, North Carolina 27699-1633 Mr. Dave Baker U.S. Anny Corps of Engineers Asheville Regulatory Field Office SEP - 9 2004 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Dear Ms. Stallings and Mr. Baker: Subject: Review of Environmental Assessment for the Little Tennessee River/Cartoogechaye Creek Sewer Line and Wastewater Reuse System, Macon County, North Carolina This is our response to the Environmental Assessment for the construction of approximately 40,000 linear feet (10 of sewer line along the Little Tennessee River and Cartoogechaye Creek. The North Carolina Department of Environment and Natural Resources (NCDENR), Construction Grants and Loans Section (CGLS), is funding the project, and the U.S. Army Corps of Engineers (Corps) will be responsible for issuing a permit for the installation of sewer lines that impact jurisdictional waters. The following comments are provided in accordance with the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e), and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Project Description-The proposed project will involve the replacement of an existing 3,000 if of 12-inch sewer line in the Town of Franklin (Town) and the extension and construction of 39,2601f of new sewer line. The new 24-inch line will begin at all existing manhole at the Main Street Bridge in Franklin and extend south along the bank of the Little Tennessee River through the Zickgrafproperty; the exact route has not been described. The line will continue along the west bank of the Little Tennessee River for 19,931 if to the confluence of Cartoogechaye Creek. The line will continue up Cartoogechaye Creek to the Macon County Recreational Park, where it will decrease to a 16-inch line. This proposed 16-inch line will continue for an additional 19,3291f, ending at the Macon County Industrial Park. The western portion of the Franklin area is currently under a moratorium for new sewer hookups due to capacity and overflow problems at the existing collection system. The primary purpose of the subject project is to lift the sewer moratorium by taking four pump stations off-line and constructing new lines to provide sewer service for future growth and development in and around the Town. All of the sewer flow from this project will be transmitted to, and treated at, the Town's Wastewater Treatment Plant (WWTP). As part of this project, an effluent water reuse system will be constructed at the WWTP. Concerns With the Environmental Assessment—Inconsistencies, missing information, and an inadequate evaluation of project impacts made the review of this Environmental Assessment very difficult. The following items need to be addressed in the Environmental Assessment before we can provide adequate comments on the effects of the action: 1. The Environmental Assessment does not provide information on the capacity potential of the new sewer lines nor does it evaluate impacts associated with the increased capacity. We believe the capacity of the sewer lines is critical in evaluating both the direct, indirect, and cumulative impacts associated with this project. To aid in our evaluation of project impacts, we requested the capacity information from Mr. Vann Waters,project engineer with McGill Associates. According to Mr. Waters, the maximum capacity of the 24-inch and the 16-inch line is approximately 2.06 million gallons per day(mgd) and 0.9 mgd, respectively(following the State of North Carolina's design criteria of 50-percent maximum capacity). The current flow to the WWTP is approximately 1.0 mgd, and its maximum capacity is 1.65 mgd (Environmental Assessment,page 1). If the proposed sewer lines were used at maximum capacity, flow to the WWTP would reach approximately 3.86 mgd (accounting for the capacity of the existing 3,000 if of 12-inch sewer line), clearly resulting in the need to develop: (a) a mechanism to limit the amount of effluent that reaches the WWTP or (b) a way to treat the increased amount of effluent. The Town is currently in the process of obtaining finds and permits for expanding the capacity of their WWTP from 1.65 mgd to 3.3 mgd. In conversations with Ms. Denise Moldenhauer of our staff on August 6, 2004, Ms. Stallings indicated that an Environmental Assessment and a Finding of No Significant Impact for the expansion of the WWTP were issued approximately a year ago by the NCDENR's Division of Water Quality. However, the WWTP expansion project is in need of additional funding and is requesting federal funding from the NCDENR/CGLS. Therefore, the NCDENR/CGLS is in the process of evaluating the W�vVTP expansion before granting funds for the project. We commented on the expansion of the WWTP in October 2003; in those comments, we expressed our concern that the Town's proposal to expand 2 the capacity of their WWTP was being evaluated, at least in part, on anticipated additional flows from the subject sewer line expansion. National Environmental Policy Act(NEPA) regulations (40 CFR 1508.25) require actions that are closely related to, or"connected," to be considered in the same NEPA document. "Connected actions" automatically trigger other actions that: (a) may require NEPA evaluation, (b) cannot or will not proceed unless other actions are taken previously or simultaneously, or(c) are interdependent parts of a larger action and depend on the larger action for their justification. NEPA (40 CFR 1508.9) also requires the evaluation of the direct, indirect, and cumulative effects of an action. Indirect effects are caused by the action and are later in time or farther removed in distance but are still reasonably foreseeable. We believe the proposed sewer lines and the WWTP expansion are "connected" actions and that the WWTP expansion should be evaluated as a reasonably foreseeable, indirect effect of the increased capacity of the proposed sewer lines. Before we can provide adequate comments on the effects of the action, we need to review a NEPA document that adequately evaluates impacts from both projects. 2. We do not believe that impacts to streams and aquatic resources were adequately addressed in the Environmental Assessment. There was no discussion about the placement of the sewer lines, the exact location of the stream crossings, how the crossings would be performed, or what measures will be implemented to avoid potential adverse effects from the lines, and there was no description of how the stream banks and stream channel would be restored after installation of the sewer lines (Environmental Assessment, Predicted Environmental Effects of Project, Water Resources pages 38-39). Attached to the Environmental Assessment were listed species surveys that had been conducted by Fish and Wildlife Associates (a consulting firm) for the crossings of Cartoogechaye Creels (Environmental Assessment, Exhibits). The listed species survey description states, "The construction of the line requires an aerial crossing of Cartoogechaye Creek . . . and a directional bore at two (2) locations under Cartoogechaye Creek." Mr. Waters indicated in phone conversations with Denise that the crossings of Cartoogechaye Creek were going to be trenched and not directionally bored. The crossings, the design of the crossings, and associated impacts need to be analyzed in the Environmental Assessment. We need to review a snap and detailed plan for all stream crossings (both nonjurisdictional and Corps-determined jurisdictional) on the Little Tennessee River, Cartoogechaye Creek, and their tributaries. What are the minimum, maximum, and average distances of the 40,000 if of sewer line from the Little Tennessee River, Cartoogechaye Creek, and their tributaries? What type of material will the lines be constructed of? What is the total length of the sewer lines, how many strictures will be located within the 100-year floodplain, and what are the reasons for not locating the utility infrastructure 3 outside the floodplain? What is the maintenance regime for the sewer route, and what is its width? Rivers and streams are dynamic systems that migrate to seek stability while adjusting to changes in the watershed. Due to the dynamic nature of rivers and streams, we believe it is crucial that sewer lines and associated structures are sited outside the 100-year floodplain so that natural stream functions and movement will not impact, or be impacted by, utility infrastructure. 3. According to the Environmental Assessment, the proposed sewer lines were planned and designed to avoid all wetlands in the project area, and the delineation of wetlands was accomplished through the use of National Wetlands Inventory(NWI) maps (Environmental Assessment, page 31). NWI maps are appropriate for broad-scale planning, but, as stated with the information provided with the NWI maps in the Environmental Assessment (Environmental Assessment, Exhibits), they do not define wetlands for regulatory purposes, are not comprehensive, and are not appropriate to use in the evaluation of wetland impacts for projects that will change the use of the land. Instead, a site-specific wetlands determination should be made by a qualified individual. Before construction begins for this project, wetlands should be delineated by the Corps or a qualified consultant. If unavoidable wetland impacts are expected,proper permits should be obtained from the Corps. Federally Listed Species and Secondary and Cumulative Impacts—The Little Tennessee River(within the project area) is designated critical habitat for the federally threatened spotfin chub (Erimonax monachus), and, according to our records, the federally threatened Virginia spiraea (Spriraea virginiana) occurs along the Little Tennessee River within the project area. The receiving waters for the discharge generated from the sewer lines lie downstream of the project, where there are occurrences of the federally endangered littlewing pearlymussel (Pegias fabula) and occurrences of, and designated critical habitat for, the federally endangered Appalachian elktoe mussel (Alasmidonta raveneliana) and the federally threatened spotfin chub. According to the Environmental Assessment, surveys were conducted for the Virginia spiraea, Appalachian elktoe, and spotfin chub by Fish and Wildlife Associates. The Virginia spiraea survey was conducted at three proposed crossings of Cartoogechaye Creels, approximately 160 feet up- and downstream of the actual crossings, and no plants were discovered. Because we do not know the placement of the sewer lines, specifically the distance from the Little Tennessee River and Cartoogechaye Creek, it is difficult for us to determine if the Virginia spiraea plants could be impacted along the entire route of the sewer lines. We have discovered Virginia'spiraea as far as 6 to 10 feet from the top of stream banks; therefore, we need to know the minimum, maximum, and average distances of the 40,000 if of sewer line from the Little Tennessee River and Cartoogechaye Creek to determine how much potential Virginia spiraea riparian area will be impacted by the lines. We also need to know the maintenance regime for the sewer route. What is the width of the maintenance regime and could it impact Virginia spiraea plants? 4 Surveys were conducted in the same manner as described above for the Appalachian elktoe and spotfin chub; no specimens were discovered. We acknowledge the survey conclusion that no direct impacts at the crossings will occur to these species. However, we are concerned that the proposed sewer line expansion, as well as the proposed WWTP expansion, could cause direct, indirect, and secondary and cumulative impacts to the Little Tennessee River and its sensitive aquatic resources. As stated previously,we believe the proposed sewer lines and the WWTP expansion are "connected" actions and that the WWTP expansion should be evaluated as a reasonably foreseeable, indirect effect of the increased capacity of the proposed sewer lines. Under the Act, the lead federal agency is obligated to evaluate the direct, indirect, and cumulative effects associated with projects they authorize, fund, or carry out, including interrelated and interdependent activities. An interrelated activity is an activity that is part of the proposed action and depends on the proposed action for its justification. An interdependent activity is an activity that has no independent utility apart from the action under consultation. A determination of whether other activities are interrelated to, or interdependent with, the proposed action under consultation is made by applying a"but for" test. That is, it must be determined that the other activity under question would not occur"but for" the proposed action under consultation (U.S. Fish and Wildlife Service [Service] and National Marine Fisheries Service. 1998. Endangered Species Consultation Handbook—Procedures for Conducting Consultation and Conference Activities under Section 7 of the Endangered Species Act. Washington, D.C.). Therefore, to adequately evaluate impacts to listed species under section 7 of the Act, the Environmental Protection Agency(EPA) or their nonfederal representative must consider both the expansion of the sewer lines and the WWTP. By telephone on August 11, 2004, Mr. Waters explained that for a large portion of the proj ect, specifically the area outside the Town, the pipe size was not chosen for the capacity it offers; it was chosen so that two pump stations could be taken off-line. The larger the pipe, the deeper the pipe can be buried, and to take two of the pump stations off-line, the lines must be buried at a depth that can only be obtained by using larger-size pipe. However, Mr. Waters acknowledged that the Town prefers the larger-size pipe within the Town, where the design does not necessarily require such a large pipe, so that future development could occur. We recognize that the pipe size was chosen out of necessity for portions of the project; however, we believe it is important to evaluate the potential impacts from such large-capacity pipes; specifically, the potential for increased development and the need to expand the WWTP to handle fixture increased effluent. The Environmental Assessment recognizes that there will be indirect and cumulative impacts associated with the project, as explained on pages 30, 39, and 42, as follows: The economic development activities made possible by the presence of public sewer may result in significant changes to land use patterns within the project area. It is expected that the pace of residential, commercial, and industrial development will increase. 5 While it is acknowledged that the proposed project is expected to increase the pace of fixture development, significant development will occur within the project area even in the absence of the proposed project. Increased development has the potential to cause increased stormwater runoff and stream sedimentation if developers do not adhere to erosion control regulations and follow best management practices to minimize runoff and erosion. Additionally, the construction of roads and other impervious surfaces within the project area will increase the volume of stormwater entering the streams. Secondary and cumulative effects of the proposed project [on listed species] would be the potential for sediment entering the river during the construction of any future development . . . . Significant erosion and stream siltation could occur if this development is not conducted in a manner consistent with current regulations. While development may still occur without public sewer facilities, their availability could facilitate high-density developments that would be impossible without public sewer and could promote more rapid development in areas that are currently rural and undeveloped. The reach of the Little Tennessee River above Lake Emory currently carries a high load of unstable sediments. It is believed that Lake Emory has served in the past, and continues to serve, as a sediment trap that has helped to protect the integrity of the river below the Town. In the recent past, the lake has required dredging in order to slow the process of the lake filling in with sediment. We are concerned that the proposed sewer line expansion could facilitate development, increasing the sediment problem in Lake Emory, which would not only cause the lake to fill up with sediment but also would cause the river and the sensitive resources that live in the river below the lake to be impacted by sediment deposition. Numerous studies have shown a serious decline in the health of receiving waters by the time 10 to 15 percent of a watershed is converted to impervious surfaces. Untempered development and the expansion of urban areas affects local water resources by changing how water flows in a watershed and what flows into the water. As a watershed becomes developed, trees, shrubs, and other plants are replaced with impervious surfaces; these impervious surfaces block infiltration and collect pathogens, metals, sediment, and chemical pollutants. Without vegetation to store, filter, and slow the flow of storm water, higher peak flows and lower low flows are generated. The higher peak flows allow a greater volume of water and contaminants to reach the waterway faster. This increase in volume causes the erosion of stream banks and scouring of channels, and the increased pollutant load can be harmful to aquatic organisms and humans. The Appalachian elktoe and the littlewing pearlymussel are filter-feeders, which makes them sensitive to water-borne pollutants; they also require stable substrates for survival. Available information indicates that several factors have adversely affected the water and habitat quality of our creeks and rivers, contributing to the decline and loss of populations of listed mussels and threatening the remaining populations. These factors include pollutants in wastewater discharges (sewage treatment plants and industrial discharges) and the nunoff of silt, fertilizers, pesticides, and other pollutants from poorly 6 implemented land-use activities. While we recognize that this project could result in improved downstream water quality by taking four pump stations off-line, we believe it is important to _evaluate the gains that will be obtained from the project and to mitigate for the secondary and cumulative impacts that will result from the project. To mitigate for secondary and cumulative impacts, the Environmental Assessment proposes to avoid impacts to nesting animals by avoiding mowing along the sewer corridor between April 1 and September 30 and avoiding the use of pesticides within the sewer corridor and at the reuse spray irrigation site. Additionally, the mitigation section offers that current, established ordinances and regulations will mitigate for the secondary and cumulative impacts associated with the proposed project. The Environmental Assessment lists the following existing measures and explains how they will mitigate for impacts: (1) The NCDENR's Division of Land Resources' erosion- and sediment-control practices, if followed, should minimize the amount of sediment entering the streams and rivers; (2) Macon County's Watershed Protection Ordinance should restrict some development within the water supply watershed and would require a 30-foot vegetative buffer along streams within the water supply watershed area; and (3)Macon County's Flood Damage Prevention Ordinance should restrict(with exceptions) development within 50 feet of the river. While we are pleased that Macon County has in place ordinances which could serve to reduce impacts to streams and floodplains, we are quite concerned that these ordinances are not enforced and, more importantly, that these ordinances do not adequately protect sensitive, listed species. Furthermore, relying on current regulations does not adequately mitigate for those secondary and cumulative impacts associated with this project. As recognized in the Environmental Assessment, this project has the potential to increase the density of development and impervious surfaces along, and in close proximity to, the Little Tennessee River. Associated runoff from development can contribute excessive amounts of pollutants that can suffocate and poison freshwater mussels and other aquatic resources within, and downstream of, a project area. Therefore, adopting ordinances that protect wide forested riparian corridors and the 100-year floodplain and that adequately treat storm water in development areas is essential to protect water quality and aquatic habitat in developing landscapes. We realize that the nationwide permit associated with this project pertains to only a portion of the overall project, specifically the sewer line stream crossings. However, we recommend that the Corps hold this permit request in abeyance until the NCDENR/CGLS (the lead agency in the NEPA process) assesses the secondary and cumulative impacts associated with this project and approves its implementation. Section 7(a)(2) of the Act requires the following: Each federal agency shall, in consultation with and with the assistance of the Secretary, insure that any action authorized, funded, or carried out by such agency . . . is not likely to jeopardize the continued existence of an endangered species or threatened species or result in the destruction or adverse modification of habitat of such species which is determined . . . to be critical . . . . In fulfilling 7 the requirements of this paragraph each agency shall use the best scientific and commercial data available. In accordance with the Act, before any federal authorization or permit can be issued for a project, it is the responsibility of the appropriate federal regulatory,permitting, or funding agency(ies)to determine whether a project may affect any federally endangered or threatened species (listed species) or designated critical habitat. The lead federal agency can make one of the following types of determinations of effects of a project with regard to listed species: (1) "no effect"-no listed species are found, and no suitable habitat is affected by the project; (2) "may affect, but not likely to adversely affect" - effects on listed species are expected to be discountable or insignificant or completely beneficial (this determination requires a concurrence letter from the Service; and (3) "may affect, likely to adversely affect" - an adverse effect to listed species is likely to occur as a direct or indirect result of the proposed action, and the effect is not discountable, insignificant, or beneficial (this determination requires formal consultation with the Service). We believe the following measures should be a stipulation for funding by the NCDNR/CGLS to mitigate for secondary and cumulative impacts associated with the proposed project and to ensure that the action they are funding does not adversely impact federally listed species or their habitats. If these measures or equivalent protective measures are not met, we believe formal consultation should be initiated with our office. 1. New residential and commercial developments that use the proposed sewer system should be required to implement minimum 200-foot-wide forested buffers along perennial streams and minimum 100-foot-wide forested buffers along intermittent streams that contain, or influence streams that contain, federally listed species. Forested riparian buffers serve as filters for contaminants, lessen storm-water velocities, supply thermal protection,protect stream-bank stability, provide important nutrients and woody cover for aquatic life, and improve the quality of water and wildlife habitat. 2. Sewer lines and associated structures should be constructed outside the above-described buffer widths. 3. No development in the floodplain should result from the new sewer system. Executive Order 11988 requires federal agencies to consider and protect floodplain functions. 4. An adequate plan for the control and treatment of storm water should be implemented for each development that occurs as a result of the new sewer system. 5. When constructing new sewer lines, we typically recommend aerial crossings, elevated sufficiently to reduce the risk of flood damage, or directional boring 8 under the streams to prevent stream impacts. If these methods cannot be used and trenching is determined to be the preferred method,we would like to review a description of the methodology used for installing the sewer lines. When trenching is used, there is a high likelihood of future lateral movement of the streams, which could undercut or erode around the sewer lines. We recommend the development of a stream-bank monitoring and maintenance program to promptly stabilize stream banks near the line crossings throughout the life of this project. Further, exposed pipe or rockcheck dams, which might potentially impede fish passage, should not be installed within stream channels. We appreciate the opportunity to provide these comments. If you have any questions, please contact Denise at 828/258-3939, Ext. 226. In any future correspondence concerning this project, please reference our Log Number 4-2-99-073. Sincerely, Brian P. Cole Field Supervisor cc: Mr. Kevin Barnett, North Carolina Department of Environment and Natural Resources, Division of Water Quality, 59 Woodfin Place, Asheville, NC 28801 Mr. David McHenry, Mountain Region Coordinator, North Carolina Wildlife Resources Commission, 20830 Great Smoky Mtn. Expressway, Waynesville, NC 28786 Mr. Duncan Powell, U.S. Environmental Protection Agency, Atlanta Federal Center, 61 Forsyth Street, Atlanta, GA 30303-3104 Ms. Becky Fox, U.S. Environmental Protection Agency, 1349 Firefly Road, Whittier, NC 28789 Mr. Dana Bolden, McGill Associates, P.O. Box 2259, Asheville, NC 28802 9 f � L-j—C 2- ;� '$..`a ���9 "�+fie I x h' �'�,%�71V(� ��•�• North Carohna Wildfife Res ource-sC.ommis sion Charles R.Fullwood,Executive Director MEMORANDUM TO: Ms. Hannah Stallings Construction Grants and Loans N.C. Department of Environment and Natural Resources SEP - 9 2004 FROM: Fred A. Harris, Chief ; , '! { . Division of Inland Fisheries I G WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE DATE: May 13, 2004 SUBJECT: RecrisedrEnvirt5ninent LAssessment fcor, itt Tem essee�RiPverl, at ao echaye eel Sewer Line and Wastewater Reuse System Macon County,North Carolina. OLIA No. 1197 Biologists with the North Carolina Wildlife Resources Commission(Commission)reviewed the March 2004 revision of the Environmental Assessment(EA)for the subject project. We also reviewed responses dated March 25, 2004 from Mr. Dana J. Bolden of McGill Associates, P.A. to our comments on an earlier revision of the EA. The following comments are provided in accordance with certain provisions of the Fish and Wildlife Coordination Act(48 Stat. 401, as amended; 16 U.S.C. 661 et seq.), the North Carolina Statutes (G.S. 113-131 et seq.), and the National Environmental Policy Act(42 U.S.C. 4332(2)(c)). The EA describes the proposal by Macon County and the City of Franklin to upgrade its wastewater treatment plant and construct approximately 40,000 linear feet of gravity sewer line extension along the Little Tennessee River and Cartoogechaye Creek in Macon County, North Carolina. The Commission appreciates the additional information provided in Mr. Bolden's letter, particularly that which clarified or supplemented the content of the EA. For example, we now know that the County has a plan for encouraging voluntary water conservation. We support that program and encourage its further development. Also clarified was the non-mandatory utilization of the proposed sewer line extension in the service area by residents; only residents with improperly functioning septic systems would connect if they chose not to repair their failed system. Therefore, full realization of the project's benefits to water quality, which the Commission supports, will depend upon an effective inspection program to identify and subsequently remedy failing systems. Some streams in the service area of the project are already subject to riparian zone protection. As described in the EA, 40% of the area is designated water supply that has a 30-foot vegetated buffer requirement, although the area currently depicted on the Project Location Map delineates what appears to Mailing1 cSi1Ch"f.�g; Tom. •- , --f--,------_-------'-�---I----- ---------- � ---^_- "•-i�i_ Ci ikl',:i1 C�i`ijE ."i,'C !\i I.'t:�`i^ ,. ._i'.;1 Lci �.a._ `h, (�j l (��[)_; 1 Teltipllone; /9!''), 7,_ 3-35. . _ r. ^ S 19) 7tw_ EA Macon County sewer line._:. :)n Page 2 May 13,2004 Little Tennessee/Cartoogechaye Creek OLIA 1197 be a considerably smaller fraction. We also note that trout streams classified by the Environmental Management Commission such as Cartoogechaye Creek are subject to a 25-foot land disturbance restriction enforced by the County_(Macon County Sediment and Erosion Control Ordinance §153.37). Although the requirements described above are certainly helpful,the Commission feels that they do not adequately protect aquatic resources and maintain the multiple habitat functions of riparian zones in Macon County from current development,as well as the secondary growth that the project will facilitate. Further, the proposed buffers only apply to a portion of the project service area. A particular concern is sediment control provided by riparian buffers. Ongoing sedimentation in the Little Tennessee River is a serious problem that is degrading aquatic habitat, primarily in the reach upstream of Franklin. Extensive sedimentation in Lake Emory is a testament that existing protection of riparian zones and other regulatory controls in this watershed are not sufficient. Consequently, when local governments propose projects that would further contribute to adverse effects on resources in their jurisdiction, we feel it is necessary that they augment or initiate measures to off-set these effects. We reiterate Commission opinion that enacting an ordinance for 100-foot and 50-foot forested buffers along perennial and intermittent streams,respectively,within the service area is necessary. Similar to riparian buffers,we feel that the existing protection of floodplains in the project service area has proven inadequate. The Macon County Flood Damage Protection Ordinance provides protection of both mapped and unmapped floodways,the latter requiring a 50-foot setback of development from streams. The information in the EA does not compare mapped floodways to the 100-year floodplains. However, we anticipate that a considerable amount of floodplain area in the service area can apparently be developed, but we feel should be excluded from fill to avoid base flood elevation and corresponding aquatic habitat degradation. Further, the EA and Mr. Bolden's letter also indicate that the Macon County Flood Damage Protection Ordinance protects floodways by prohibiting fill and encroachment. However, it appears that floodway development is not entirely prohibited because, as stated in the ordinance, development is permitted when hydrologic or hydraulic analyses show that a proposed encroachment would not result in any increase in flood levels during a base flood (§151.26). We are unaware of the frequency at which this exemption is granted. We remain discouraged by the resistance to implementing what are, in our opinion, reasonable measures to mitigate the secondary, adverse effects that the project will have on fish and wildlife habitats. According to Mr. Bolden's letter, Macon County feels that our recommendations for riparian buffer protection and restricting development in the 100-year floodplain within the service area would place an unacceptable burden, presumably economic, on private property owners. Similarly, our recommendation for instituting a storm water management ordinance was dismissed. We wish to clarify that all of our recommendations to mitigate secondary and cumulative effects of infrastructure projects are not intended to nor, to our current knowledge, would they preclude or deter sustainable levels of development. For example, enactment of an ordinance for riparian buffers would not need to be retroactive to existing land uses,but rather a component for new commercial,residential, or industrial development where land use would change. Therefore, we anticipate that the economic burden would be relatively minor. If our conception is incorrect,the Commission respectively suggests that a cursory evaluation of the economic consequences of our recommendations would lend credence to concerns that they would have excessive economic consequences,particularly considering the disproportionate, long-term benefits of natural resource protection for the entire constituency of the county. In our opinion, assuring adequate protection of natural resources in Macon County is not only in itself desirable, but also necessary for a region that depends heavily on economic return associated with seasonal residents and permanent immigrants that are drawn there by those very natural resources. Without measures to maintain the integrity and corresponding attractiveness of those resources in the future, economic growth may reflect a similar impact. We support the project with regard to its direct benefits to water quality, but we remain concerned about the outstanding need to implement enforceable controls for sustainable secondary growth. We have EA Macon County sewer line: sion Page 3 May 13,2004 Little Tennessee/Cartoogechaye Creek OLIA 1197 encouraged Macon County to recognize and address this need throughout our evaluation of the project. Therefore,we reiterate our opinion that the concerns described above should be thoroughly addressed. We have no further comments that we can provide on this project. Thank you for the opportunity to provide comments on the revised EA for this project. If there are any questions on these comments please call Dave McHenry at(828)452-2546 extension 24. cc: Mr. Dana J. Bolden, McGill Associates,P.A. Mr. Brian Cole,Biologist,U.S. Fish and Wildlife Service,Asheville Mr. Alex Marks,NCDENR,Division of Water Quality, State Environmental Policy Act Program Ms. Melba McGee,NCDENR, Office of Legislative and Intergovernmental Affairs MOWN OF FRANKLIN RECEIVED • � �.a STA[[o JUI� 2 5 2013 Post Office Box 1479 DVVQ/Sv&WWMff1h f�eda��fn Asheville Repwd Office Franklin,North Carolina 28744 (828) 524-2516 June 11, 2013 Mr. Chuck Cranford Surface Water Protection Supervisor North Carolina Division of Water Quality Asheville Regional Office 2090 US Highway 70 Swannanoa,,North Carolina 28778 RE: Request to lift Moratorium Town of Franklin Old Murphy Road(SR 1442) Sewer Force Main and CR Pump Station Macon County,North Carolina Dear Mr. Cranford: On January 2, 2000, the North Carolina Department of Environment and Natural Resources, Division of Water Quality (DWQ) issued a Notice of Violation (NOV) to the Town of Franklin, thereby imposing a sewer line moratorium on a portion of the Town's sewer collection. Specifically, the moratorium was placed on the pressure sewer line which parallels SR 1443 (Old Murphy Road) and the CR Pump Station. A copy of the NOV/moratorium letter issued by the DWQ Asheville Regional Office is attached for your reference, as well as a letter dated August 5, 2009 from your office confirming that the sewer moratorium remained in effect at that time. A sewer system improvements project, jointly funded by the Town of Franklin, Macon County, the North Carolina Division of Water Quality and the North Carolina Rural Center, has resulted in the construction of a new gravity sewer interceptor along Cartoogechaye Creek to allow a portion of the flow that had previously been pumped through the force main to be redirected to the new gravity sewer line. Additionally, a new sewer pump station has been constructed at the Macon County industrial park, allowing the CR Pump Station to be decommissioned. The sewer flows that have been redirected to the new gravity sewer interceptor along Cartoogechaye Creek include the following: the Cartoogechaye Elementary School, the Lyndon B. Johnson Job Corps sewer pump station on Wayah Road, the Enloe sewer pump station, and the nursing home on Old Murphy Road. The new Industrial Park sewer pump station was placed into operation and flows were diverted to the new gravity sewer line along Cartoogechaye Creek in late spring and early summer of 2012. With the redirection of a significant amount of sewer flow to the new Cartoogechaye Creek gravity sewer line, and the greater pumping capacity of the new Macon County Industrial Park sewer pump station, the collection system can be operated within State requirements. Therefore, the Town of Franklin requests that the North Carolina Division of Water Quality issue a written notice of the lifting of the sewer moratorium which was issued on January 2, 2000. If you have any questions regarding this letter, please do not hesitate to contact me. Thank you for your consideration of this request. Sincerely, Warren Cabe Town Manager cc: Jay Gibson, Town of Franklin Mike Waresak, McGill Associates N--DENR North Carolina Department of Environment and Natural Resources -Division.of Water,Quality.. . Coleen-H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary August 5, 2009 Mr. Sam Greenwood, Town Manager Town of Franklin Post Office Box 1479 Franklin; North Carolina 28744 Subject: Sewer Moratorium US Highway 64 Corridor Town of Franklin Macon County Dear Mr. Greenwood: We are pleased to hear that the Town of Franklin is pursuing supplemental funding from the Rural Center to assist in the completion of the sew.er system. necessary to provide proper sewer service to the Highway 64 corridor. :Ori January 2, 2000 the CR Pump Station and the force main paralleling Old Murphy Road were placed on moratorium as a result of frequent overflows from the CR Pump Station. This restriction on any new connections to this system remains in effect. New construction taking place after January 2, 2000, which would normally use the CR Pump Station or Old Murphy Road force main, has had to find some alternative means of sewer service. In a growing area like Franklin, which has a central sewer system, you:would always prefer use of the central system rather than a proliferation of alternative individual systems. This project, when completed, should have the effect of reducing the volume of Infiltration/Inflow entering the Town's collection system. This reduction in volume of extraneous flow will have the benefit of reducing frequency and volume of Sanitary Sewer overflows occurring on the Greenway. Reducing the volume of raw sewage at this very public location is considered highly desirable from the public health standpoint. The proposed project will allow the abandonment of two old "can style" pump stations with their attendant confined space problems and difficulty of access for purposes of maintenance. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-29645001 FAX:828-299-70431 Customer Service:1-877.623-6748 Internet: www.nowaterquality.org )WAy+a `Lp An Equal Opportunity 1 Affirmative Action Employer Mr. Sam Greenwood August 5, 2009 Page 2 of 2 I wish the Town success in'seeking supplemental Rural Center funding. Please do not hesitate to call me at (828) 296-4659 if] can be of further assistance. Sincerely, Roy M. Da is Environmental Engineer Xc: Forest We*stall, PE. G:\WPDATA\DEMWQ1Macon\Franklin Collection System\Highway 64 Sewer Letter.09.doc o _ l .;State of North Carolina e ? jepartment of Environment :.and Natural Resources ;; :Asheville Regional Office James B.Hunt,Jr.,Governor i $ill Holman,Secretary NORTH CAROLINA EDEPARTMENT OF Kerr T.Stevens,Director ENVIRONMENT ANO NATURAL RESOURCES Division of Water Quality i WATER QUALITY SECTION IJanuary 2,2000 i CERTIFIED MAIL I RETURN RECEIPT REQUESTED Mr. Ed Henson, Mayor Town of Franklin 188 West Main Street Franklin,North Carolina 28734 Subject: NOTICE OF VIOLATION Notification of Sewer Line Moratorium Collection System Served by the CR Pump Station Town of Franklin Wastewater Treatment Plant NPDES Permit:NCO025909 Macon County. Dear Mr.Ed Henson: The Division of Water Quality has determined the above referenced facility is unable to adequately treat the waste tributary to its wastewater treatment plant. G. S. 143-215.67(a) directs that no person subject to the provisions of G. S. 143-215.1 shall willfully discharge any wastes to a disposal system in excess of the capacity of the disposal system which the disposal system cannot adequately treat. ' Pursuant to G. S. 143-215.67(a),this Division is unable to approve any additional sewer connections to the collection system served by the CR Pump Station. The Town of Franklin is hereby laced on sewer moratorium for the ressure sewer which parallels SR. 1442 Old Murrohy Road and the CR Pum Station effective upon the receipt of this correspondence. The Asheville Regional Office of Division of Water Quality has reviewed the recent compliance history for the pressure sewer which parallels SR. 1442 (Old Murphy Road)and the CR Pump Station and has noted that there has been fifteen (15)spills over the past five and a half months.The repeated spills at the CR Pump Station may subject the Town of r day. The Town of Franklin should immediately take whatever actions Franklin to a civil penalty of up to$25,000.00 pe necessary to restore the ability of this pressure sewer to properly transport wastewater to the Town of Franklin's wastewater treatment plant. Additionally, it should be noted that the responsibility to regulate individual sewer connections resides with local governments. 59 Woodfin Place,Asheville North Carolina 28801 Telephone 828-251-6208 FAX 828-251-6452 An Equal opportunity Affirmative Action Employer 5o%recycled/10%post-consumer paper 0 ^ December 20,2000 Town of Franklin, Sewer Line Moratorium Page 2. • By copy of this letter,the Division of Water Quality is notifying the Macon County Building Inspector's office that no new building permits should be issued to those wanting to utilize the above referenced pressure sewer. Please be advised that the permittee is responsible for all violations of the pennit,which may ocdur. Our Regional Staff nn will assist you in your efforts to return to compliance and will help you in an evaluation of your various options. Should you have any additional questions,please contact me,or Kevin Barnett of my staff at 828-251-6208. Sincerel}i- Forrest R.Westall s Water Quality Regional Supervisor cc: Permits and Engineering Unit Compliance/Enforcement Group Kevin H.Barnett Mr. Al Ledford,Town of Franklin `I Macon County Health Department Macon County Building Inspector t 59 Woodfin Place,Asheville North Carolina 28801 Telephone 828-251-6208 FAX 828-251-6452 50%recycled110%post-consumer paper An Equal Opportunity Affirmative Action Employer �F A-F, Michael F.Easley,Governor William G.Ross Jr.,Secretary rNorth Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.Director Division of Water Quality May 22, 2007 Mr. Mike Decker Town Administrator Town of Franklin 188 West Main Street Franklin, North Carolina 28734 Subject: Sewer Service ET4T-on.e-Sound &-Signal-Mfg I`n"ems Macon County Dear Mr. Decker: Reference is made to your letter dated May 9, 2007 in which you request that the Town of Franklin be allowed to offer increased sewer service to TekTone. The Town of Franklin can allow an increase in wastewater flow from TekTone only in direct proportion to the reduction in wastewater flow experienced byETRE ustri rse esulting in no overall increase in wastewater flow to the industrial park pump station. Should you need to discuss this matter in any way, I encourage you to call Roy Davis at 828-296-4659. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section TekTone Letter.07 ore Franklin Collection System NorthCarolina rNatilra!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper E 188 West Main Street 1 `� JAM 1 4 2007 - ranklin,North Carolina 28734 (828) 524-2516 - - ay---9._2Q07+` Mr. Roy Davis NC Division of Water Quality 2090 US Highway 70 Swannanoa, NC 28778 RE: Expansion at TekTone Sound & Signal Mfg., Inc. Dear Mr. Davis: On behalf of the Town of Franklin and Mr. Carlos Mira, the president of TekTone Sound and Signal Mfg., Inc., located in the Macon County `In.dustiial-Par7k:west of town, we are seeking your assistance with a sewer issue related to expansion at Mr. Mira's facility. As you are certainly aware, the town is under a moratorium on new sewer hookups on the west side of our system, which affects this location. TekTone has sought, and the town has granted, an additional water allocation to the industry, and additional sewer capacity is needed as well. TekTone is planning a two-stage expansion. The first will be a 6,000- square-foot metal building with bathrooms that will be used for light manufacturing and storage. The second phase will be much larger, at approximately 52,000 square feet, in anticipation of the successful launch of a new nurse call system developed by TekTone. At present, TekTone employs 85 people, with that number expected to increase to 135 over the next five years. Also, the industry does not require water for its production processes — any increased capacity would be for restroom use. Meanwhile, the former CI ` Indust rie ;plant that is located in the industrial park has seen its employment drop from 150 workers to 26. Obviously, there is now less impact on the existing sewer system in this area due to this reduction, and given the anticipated new hirings at TekTone, the actual strain on the system would still be less than it was when CR Industries was at or near its peak. Based on this information, would the state consider allowing TekTone to hook its new facilities into the town's system, given the amount of job creation or job replacement that would take place? Please consider this request and let me know if there is a mutual arrangement that we can achieve. If you have questions or need more information, please call me or Jay Gibson at 524-2516, or you can e-mail me at mdecker@franklinnc.com. As always, we appreciate your assistance and input in these matters. Sincerely, (Y'� Mike Decker Town Administrator CC: Mr. Carlos Mira, TekTone Mr. Jay Gibson, Public Works Director �OF W A RP Michael F.Easley, Governor William G. Ross Jr.,Secretary O G North Carolina Departmei nvironment and Natural Resources CO W)py Alan W.Klimek,P.E. Director Division of Water Quality m ` Asheville Regional Office SURFACE WATER PROTECTION `:eTW a;ry-287_20.07� Mr. Harold E. Elliott 2860 Old Murphy Road Franklin, North Carolina 28734 SUBJECT: Sewer Moratorium Town of Franklin Macon County I Dear Mr. Elliott: Reference is made to your letter dated February 19, 2007. The January 2, 2000 moratorium on additional connections to any sewer system served by the Town of Franklin's CR Pump Station force main remains in effect. However, we have allowed the Town of Franklin to honor promises, for sewer service using the CR pump station force main, made before January 2, 2000. If you can make demonstration, acceptable to the Town of Franklin, that the Town promised you sewer service prior to January 2, 2000 then we have no objection to the Town honoring those promises. Sincerely, RonMavis Environmental Engineer Cc: Mike Decker, Town of Franklin Jay Gibson, Town of Franklin Harold Elliott.07 One NorthCarolina Nrrtura!!ff 2090 U.S.Highway 70, Swannanoa, NC 28778 Telephone:(828)296-4500 Fax: (828)299-7043 Customer Service 1 877 623-6748 HAROLD E. ELLIOTT F E Q 2 1 2007 ✓f 2860 Old Murphy Road ?- Franklin, North Carolina 28734 ;- --- - WATER QUALITY SECTION Phone: 828-524-8796 r ASHEVILLE REGIONAL OFFICE Cell phone: 828-342-6643 FAX: 828-524-8796 Email:beejayellioft@aol.com ,CS—e Mr. Roger Edwards Surface Water Protection Supervisor NC Department of Environmental & Natural Resources 2090 US 70 Swannanoa, North Carolina 28778 Dear Mr. Edwards, I have been advised by the Town of Franklin that the State of NC has placed a moratorium on additional hookups to the sewer line along the Old Murphy Road west of Franklin. They also advise that they can only approve same with the permission of your department. In May of 1998, 1 applied for a water and sewer hookup from the Town of Franklin for a double wide mobile home located at 2530 Old Murphy Road. I made this application upon being advised by Macon County Health Department that I could not install a septic tank because the soil would not perk properly. I talked with Mr. Al Ledford, who was Director of Public Works at the time, concerning the equipment that would best meet my needs. He recommended Water and Waste Equipment Company from Cleveland, Tennessee. I contacted this company and shortly thereafter Mr. Ledford and Craig N. Haney, a company representative, met me at the above location. We discussed my needs, and they recommended a SPG 200 Simplex system. Both Mr. Ledford and Mr. Haney assured me that this system had the capability to handle up to four(4) units if I ever decided to add other rental homes. I considered this as approval to hook up additional units. At this time my son, Michael Elliott, has applied to hook up a home for his family. His home would make a total of only two (2) units on a system previously approved for four (4) homes. The Town advised my son that permission has been given for additional hookups to persons having been approved prior to the moratorium being imposed. I am requesting approval to hookup one single family unit that will be occupied by my son and his family. I do not have any plans to add additional units, since I have given the remaining land to my son. On February 16, 2007, 1 talked by telephone with Mr. Don Price of your department and he advised me to send you this letter along with the enclosed attachments. Thank you for your assistance in this matter, and if you have any questions or need additional information, please feel free to call or email me. Sincerely, A�,Ak �,�% Harold E. Elliott Attachments: Email to be followed by hard copy - .6375 18131NAZN9R/E/ETr� RyvKrtl�-N�2S734E », _ _ .. .._ ., - } WATER do WASTE EOUIPMENT,INC. CEIVfD lCROIl . 912 Stuart Road • Cleveland,TN 37312 JIJ _ r 4 43R . ', Vice President-Sales BEGINf ftNG BAtANC#~ D CASH" ® (423)479-2084 (423)472-0551 xHIS PlYMENT '_ �Ch3ECtf Business Fax c BA1ANCf pU� J �M.O BY 5AY O 91 N117WM' tl' 3UVLL " �! SNOLLVI{1�J34i 031 oN.H3/mua W . 31ba r 3tJn1t{N`JIS (a313ldWOo 39.tsniNl Wt113 Aa 031oN SV 1d3OX3 NOLL1aNt }0609 Nf O3M3D3d ® 'I►� ii'DANl OHM'NNltIHS �r Mar Tic 11 � � nLL,t �905, R aojcr� am� fix,; d 1M SOd 1t/101 .13HV1 avid s tt 77 N� f I ) � 1�1(� fib; ! rf AR Qmg }x q� 7 �e iI k J�, g y :, t,ij 'stt ewe y - t c 4 gg y��{ry:'1 t F"��g 3 {tqq pi ' �S11 5 @" .�� 9'1 f: 1 `� .' ^}w�b°'A. tY'f 1 x �.3 t kd' F sk , '^9Vj 4 7 t^+� i .. tt� r {, > y j �3� �r���r � �,, ; 4r 5,6ji— a.}'- 3{IH3fl3tl 31tlt1 .. 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Duo: lla do, rt i+ r �, _k - ' .x. e. ldl3o3ti «{ °A fi i s c 1 .. a t, s N'` '� s E fl)W ch ' �n w 3Jbd'' 'ON MIfl:IH913li3- r a ;p�,��ltf��[ ._..._._.._.. _... ,-... __STOCK INVOICE _. _.. �Tat,K Factory No. WATER AND WASTE EQUIPMENT, INC. , WAWE PO I 912 STUART ROAD a P`y CLEVELAND,TENNESSEE 37312 Salesman (423)479-2084 1 SOLD TO SHIPPED TO �1�1 LUELLIOTT 2530 OLD a�H��&!Y �aAU { ? 3+5Q OLD MURPHY ROAD FRANKLIN NC 28739 � 1 L I 06/23/R8 06/17/98.. Sc�utEas`� ' Harold El77� t Oeveland 114 P=et 30INVOICE NO. DATE DATE SHIPPED SHIPPED VIA YOUR ORDER No. TERMS I --- I i. 29563 PRICE AMOUNT i 1 SPG200 2X5 Simplex System 223�?°f�Ci I FREIGHT -1162.37 f - 1 NC SALES TAX _#�� 7 i 1504 11 { TO;A� . j ' I fj WAWE-i ofW) 54ann YOU! 1 l .:�.w...�.......::,,�.:..:.:....�;_..:..c':.:�L_:.�:,•v.,.: �iev'r'�:-►vn�"`yr•uur�-,;ry"����r��n:;.:.e� �� normal variations in�surface. internal'eonditirins""ono` nnxi xv: [Fwd:App;O4al Sewer Hookup Franklin] Subject:[Fwd:Approval Sewer Hookup Franklin] From:Roger Edwards<Roger.Edwards@ncmail.net> Date: ed;�2+1 r�pb�2 8:15:26-0500 To:Roy Davis<Roy.Davis@ncmail.net> CC:Don Price<Don.Price@ncmail.net> Is the moratorium still in place on this line'.?'. I thought corrections were made and it was lifted??? what is the Town doing to correct the problems to get the moratorium lifted. Please contact Mr. Elliot regarding his request and take appropriate action in accordance with regulations. Thanks, R. Edwards Roger Edwards - Reger.Edwards:'� cmail.net North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of water Quality - water Quality Section 2090 U.S. 70 Highway . Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Subject:Approval Sewer Hookup Franklin From:Beeja ellio[t@aol.com Date:Mon.19 Fob 2007^0-:41:40 EST To:Roger.Edwards@NCMail.Net HAROLD E.ELLIOTT � 2860 Old Murphy Road Franklin,North Carolina 28734 Phone: 828-524-8796 Cell phone: 828-342-6643 FAX: 828-524-8796 .Email: beejayelliott@aol.com ~ February 19,2007 Mr.Roger Edwards Surface Water Protection Supervisor NC Department of Environmental&Natural Resources 2090 US 70 Swannanoa,North Carolina 28778 Dear Mr.Edwards, I have been advised by the Town of Franklin that the State of NC has placed a moratorium on additional hookups to the sewer line along the Old Murphy Road west of Franklin . They also advise that they can only approve same with the permission of your department. In May of 1998,I applied for a water and sewer hookup from the Town of Franklin for a double wide mobile home located at 2530 Old Murphy Road. I made this application upon being advised by Macon County Health Department that I could not install a septic tank because the soil would not perk properly. I talked with Mr.Al Ledford,who was Director of Public Works at the time,concerning the equipment that would best meet my needs. He recommended Water and Waste Equipment Company from Cleveland, Tennessee. I contacted this company and shortly thereafter Mr.Ledford and Craig N.Haney,a company representative,met me at the above location. We discussed my needs,and they recommended a SPG 200 Simplex system. Both Mr.Ledford and Mr.Haney assured me that this system had the capability to handle up to four(4)units if I ever decided to add other rental homes. I considered this as approval to hook up additional units. 1 of 6 2/21/2007 8:57 AM [Fwd:Approval Sewer Hookup Franklin] At this time my son,Michael Elliott,-has applied to hookup a home for his family. His home would make a total of only two(2)units on a system previously approved for four (4)homes. The Town advised my son that permission has been given for additional hookups to persons having been approved prior to the moratorium being imposed. I am requesting approval to hookup one single family unit that will be occupied by my son and his family. I do not have any plans to add additional units,since I have given the remaining land to my son. On February 16,2007,I talked by telephone with Mr.Don Price of your department and he advised me to send you this letter along with the enclosed attachments. Thank you for your assistance in this matter,and if you have any questions or need additional information,please feel free to call or email me. Sincerely, Harold E.Elliott Attachments: 2 Email to be followed by hard copy Attachment 1: s t Lu [ ,. g w ;W1 Liu US Ca t Ll.. PI a, LL LU 4C CO E1r -, rt _ 2 of 6 2/21/2007 8:57 AM Approval Sewer Hookup Franklin Subject:Approval Sewer Hookup Franklin From:Beejayelliott@aol.com Date:Mon,19 Feb 2007 09:41:40 EST To:Roger.Edwards@NCMail.Net HAROLD E.ELLIOTT 2860 Old Murphy Road Franklin,North Carolina 28734 Phone: 828-524-8796 Cell phone: 828-342-6643 FAX: 828-524-8796 Email:beejayelliott@aol.com February 19,2007 Mr.Roger Edwards Surface Water Protection Supervisor NC Department of Environmental&Natural Resources 2090 US 70 Swannanoa,North Carolina 28778 Dear Mr.Edwards, I have been advised by the Town of Franklin that the State of NC has placed a moratorium on additional hookups to the sewer line along the Old Murphy Road west of Franklin They also advise that they can only approve same with the permission of your department. In May of 1998,I applied for a water and sewer hookup from the Town of Franklin for a double wide mobile home located at 2530 Old Murphy Road. I made this application upon being advised by Macon County Health Department that I could not install a septic tank because the soil would not perk properly. I talked with Mr.Al Ledford,who was Director of Public Works at the time,concerning the equipment that would best meet my needs. He recommended Water and Waste Equipment Company from Cleveland, Tennessee. I contacted this company and shortly thereafter Mr.Ledford and Craig N.Haney,a company representative,met me at the above location. We discussed my needs,and they recommended a SPG 200 Simplex system. Both Mr.Ledford and Mr.Haney assured me that this system had the capability to handle up to four(4)units if I ever decided to add other rental homes. I considered this as approval to hook up additional units. At this time my son,Michael Elliott,has applied to hook up a home for his family. His home would make a total of only two(2)units on a system previously approved for four (4)homes. The Town advised my son that permission has been given for additional hookups to persons having been approved prior to the moratorium being imposed. I am requesting approval to hookup one single family unit that will be occupied by my son and his family. I do not have any plans to add additional units,since I have given the remaining land to my son. On February 16,2007,I talked by telephone with Mr.Don Price of your department and he advised me to send you this letter along with the enclosed attachments. Thank you for your assistance in this matter,and if you have any questions or need additional information,please feel free to call or email me. S' ;P, 1 of 5 2/21/2007 8:55 AM N a o M C ti �' N CD � . `S P N 11 CIGT fit' G NSICNEE E ECEIP, 'O Ft LIF o Q. ITJ B"/TI M. 6C IBC ORG. DI S1. "BILL LATE ,, 8a 'fit t '` :7 d v. o V SHIPPER',S1 NO. OR B/L NO. P.O. (NUMBER MASTER RE.VE' 'uE PRO. SEFL AMOUNT 'C/LINE AMOUNT . . ONGIN ORI INATTING CARRIER INTL. PAY FREIGHT CHAkGE`. CARRIER Mt Fat : NUMIIER' TRM:. BEL{)Vtl° THIS CHp►RGE , DOES, i�4T N ODE= a� ?} ['+ (^� C. .L.1. - .. b INTL. PRO RATE OS rD"TAG NO. f 3 4 ,,T_.YptcHARd9-1CL,ASS RATE k d � sa j1i t r o �. N - - - lj - ��y Approval Sewer Hookup Franklin w F xg ,r �7., m i���,�� , UPS M fill, t .. to av "' a ,d my R i tc1 4 ' g� =r lolls Ad ch JD OWE 1001, TOT { s sm 77, owe f 541 YMm."N T mp I a 77 ms ».• � � r� � miW t oil 711 ter. S . : 91! gas = 3 of 5 =1/2W 805 AM d 00 o 777 omwm WAWEwl r 11. i� a E y . x ..U_. s. .., _ w. c . o �n � w � o d � Approval Sewer Hookup Franklin r . 61 - a m� u c, . e - - - . e s 4F` � s m qg z 5 of 5 2/21/2007 8:55 AM 4"' ntrR Michael F.Easley,Governor x " p William G.Ross Jr.,Secretary r North Carolina Department of Environment and Natural Resources 4 r m Alan W.Klimek,P.E.Director Division of Water Quality CJu:ne=2-6 20G6 L 5' Mr. Mike Decker, Town Manager Town of Franklin 188 West Main Street Franklin, North Carolina 28734 Subject:^West-Coventry-Developrnent-;? Sewer.Service Town of Franklin Macon County Dear Mr. Decker: We view the.August 6, 1999 letter from.the Town of Franklin to William G. Lapsley, PE as satisfactory evidence that the Town committed to providing sewer service to West Coventry prior fh_e�J,.an:uary-2,2000:C.R.,P_ump-S:tatian:_an.-d--f_arc�eWmain_mo.ratori,We therefore have no objection to the Town of Franklin offering sewer service to West Coventry projects within the limits of the August 6, 1999 letter. Neither do we have objection to the Macon County Building Inspector's office issuing building permits for West Coventry homes to which the Town of Franklin has sold sewer service. Until further notice the January 2, 2000 Moratorium continues to apply to any other project which would otherwise make use of the CR Pump Station or force main. Please do not hesitate to call Roy Davis at 828-296-4659 should any aspect of this letter require clarification. Sincerely, Roger . Edwards, Regional Supervisor Surface Water Protection Section Xc: Jack Morgan Terry Sutton West Coventry Letter.06 Nonhcarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper F WATF © � Michael F.Easley,Governor QG William G.Ross Jr.,Secretary r North Carolina Department of Environment and Natural Resources � Alan W.Klimek,P.E.Director Division of Water Quality May 10, 2006 Mr. Jack Morgan Code Administrator Macon County Code Enforcement 1834 Lake Side Drive Franklin, North Carolina 28734 Subject: Sewer Tap Moratorium West Franklin' Town of Franklin Macon County Dear Mr. Morgan: This is to confirm my two recent requests that you delay issuance of construction permits for buildings proposed in the area west,of Franklin. In the case of the Sutton & Sons request I need to review our moratorium and in the case of the request relating to Mill Creek I request that you delay issuing construction permits for the reason that I am hearing disturbing reports that the developer(s) have not provided a permanent easement or other ownership arrangements to the Property Owners Association (POA) for the entire sewer system including the pump station. Again,l want to review our moratorium as it relates to the Mill Creek area. Our�; aauary_22:ODQrnora orlu x, directed to the Town of Franklin, resulted from repeated sewage overflows from the CR Sewage Pumping Station belonging to the Town of Franklin. I understand that improvements have been made to the pumping station with the result that overflows no longer, occur at that location. By copy of this letter I am asking,that Mike Decker, Town Manager, inform me in detail of those improvements and of the history of overflows since implementing those improvements. I have already asked Jeff Bishop with McGill & Associates to send me a copy of the study relating to determining the capacity of the force main serving the area west of Franklin. I would like to receive both of these pieces of information as soon as possible. With regards to the Mill Creek area I understand that the developer(s) have not deeded easements for the sewer system to the Property Owners Association, including the land the sewage pumping station sits on. Until the deeding of easements for the sewer system occurs I will not be assured of the ability of the POA to properly maintain the system. There is also the issue that permits issued by the North Carolina Department of Environment and Natural Resources for the construction and operation of the sewer system have not been transferred to the POA. Failure to transfer the permits might result in operations and maintenance problems for the system. The question of;the surplus capacity of the force main carrying the sewage.from the Mill creek area has implications for this project as well. NonehCarolina )aturall North Carolina Division of Water Quality 2090 U.S-Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper I look forward to receiving the i iested information. Likewise I look ` vard to discussing this matter. Please do not hesitate to call n__ _it 828-296-4659 Sincerely, Roy M. Davis Environmental Engineer Xc: Mike Decker, Town of Franklin Jay Gibson, Town of Franklin ''�R'oger_Edwards,-Surface.Water Protection; ARO- Jeff Bishop, McGill & Associates Jack Vaughn, Mill Creek Estates POA Chuck Seigel, POA, System Operator Scott Fisher, Willow View Properties JackM organ Letter.06 a i I ? I I � ' - 1 i � I ! � I � pal LN LA 4 i OF W A T Michael F.Easley \O�le N. QG Governor rSherri Evans-Stanton,Acting Secretary > North Carolina Department of Environment and Natural Resources Kerr T.Stevens,Director Division of Water Quality Asheville Regional Office WAFER QUALITY SECTION .�February55�ZQ(1-1r Mr.Ed Henson,Mayor Town of Franklin 188 West Main Street Franklin,North Carolina 28734 Subject: Site Visit lap-0-- --_,it oll Macon County Dear Mayor Henson: On January 16, 2001, I visited the CR Pump Station as a follow-up to discussions between Mr. Forrest Westall and Mr. Al Ledford regarding the sewer line moratorium on the sewer line paralleling Old Murphy Road. It is the Division of Water Quality's understanding that the concrete pump tank located next to the pump station is a temporary means of eliminating overflows from the pump station. This Office does not view this addition as restoring the capacity of the pump station, but merely as "insurance" against sanitary sewer overflows. At the time of this visit, there were several items that needed addressing. The following should be addressed. - The soil surrounding the concrete pump tank is eroding at a significant rate. The soil should be replaced and compacted to stop this erosion. Also,the top of the concrete pump tank is at grade and would allow significant surface flows of storm water to enter the tank. The Town should install risers and sealed lids to prevent the pumping of storm water into the wastewater collection system. This Office understands that the Board of Commissioners is reviewing a proposal for the placement of a large capacity gravity sewer, which would take the Industrial Park's wastewater flow off of the pressure sewer in question. The Division views this as a favorable alternative to replacing the CR Pump Station and allowing additional flows to be added to the existing pressure sewer. The Division will consider individual requests for taps into the existing pressure sewer on a case by case basis during the interim. Nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with all applicable state laws and regulations. Should you have any additional questions,please me at 828-251-6208. Sincerely, 1 _ X ' -. 1 yr� /A6 Kevin H.Barnett Environmental Specialist cc: Mr.Mike Decker,Town of Franklin Mr.Al Ledford, Town of Franklin Macon County Health Department Joel Storrow,McGill Associates. Water Quality Section,59 Woodfin Place,Asheville,NC 28801-2414 Telephone: 828/251-6208 Customer Service Fax: 828/251-6452 1 800 623-7748 tt � '� IV uu of mukRu 188 West Main Street Franklin,North Carolina 28734 (828) 524-2516 �De�e &�e�r�28;:2.0007� Mr. Kevin H. Barnett Water Quality Section/NCDENR Asheville Regional Office 59 Woodfin Place Asheville, NC 28801 RE: Site visit—CR pump station Dear Mr. Barnett: The Town of Franklin received your letter regarding the matter above on December 21, 2000, and time off for the holidays has delayed our response, for which I apologize. However, in discussing this situation with Mr. Al Ledford, the town's public works director, the "mixture" in the spill retention ditch was not anti-freeze. Mr. Ledford is taking the necessary steps, however, to clear up the situation. If there is anything else that you need from the town or if you have any questions, please let me know. Sincerely, Mike Decker .yy ; Town Administrator �.Sin t� irate of North Carolina r i pepartment of Environment aid Natural Resources Asheville Regional Office i ` James 13.H Junt, r., Governor LO � dill Holman,Secretary Nc",""- EN NORTH CAROLINA DEPARTMENT OF Kerr T.Stevens,Director ENVIRONMENT ANO NATURAL RESOURCES Division of Water Quality i WATER QUALITY SECTION I January 2,2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED I Mr. Ed Henson, Mayor Town of Franklin 188 West Main Street Franklin,North Carolina 28734 Subject: NOTICE OF VIOLATION Notification of-Sewer Line Maratoriuzn Collection System Served by the CR Pump Station Town of Franklin Wastewater Treatment Plant NPDES Permit:NCO025909 Macon County. Dear Mr.Ed Henson: The Division of Water Quality has determined the above referenced facility is unable to adequately treat the waste tributary to its wastewater treatment plant. G. S. 143-215.67(a) directs that no person subject to the provisions of G. S. 143-215.1 shall willfully discharge any wastes to a disposal system in excess of the capacity of the disposal system which the disposal system cannot adequately treat. Pursuant to G. S. 143-215.67(a),this Division is unable topro apve any a 11 dditional sewer connections to the collection system served by the CR Pump Station. The-Awn of—Franklin-is 13ereb laeed_on:sewer:moratorium-far tine ressure se rew w Ech—arallels.SR:_1442_..O.l.d.M-1 . h �Ro.ad. and_th'e Ll l'u- tf_ n effective upon the receipt of this correspondence. The AshevillcRegional Office of Division of water Quality has reviewed the recent compliance history for the pressure sewer which parallels SR. 1442 (Old Murphy Road) and the CR Pump Station and has noted that there has been .fifteen (15)spills over the past five and a half months. The repeated spills at the CR Pump Station may subject the Town of Franklin to a civil penalty of up to$25,000.00 per day. The Town of Franklin should immediately take whatever actions necessary to restore the ability of this pressure sewer to properly transport wastewater to the Town of Franklin's wastewater treatment plant. Additionally, it should be noted that the responsibility to regulate individual sewer connections resides with local governments. 59 Woodfin Place,Asheville North Carolina 28801 Telephone 828-251-6208 FAX 828-251-6452 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper December 20,2000 Town of Franklin, Sewer Line Moratorium T Page 2. By copy of this letter,the Division of Water Quality is notifying the Macon County Building Inspector's office that no new building permits should be issued to those wanting to utilize the above referenced pressure sewer. Please be advised that the pernuttee is responsible for all violations of the permit,which may occur. Our Regional Staff will assist you in your efforts�questions,return l compliance nand or Kevin Barnett of my staff at 828 251 620g elp you in an evaluation of your various options. Should you have any additional ques ,peaseotact me, Sincerer Forrest R. Westall 5 Water Quality Regional Supervisor cc: Permits and Engineering Unit Compliance/Enforcement Group Kevin H.Barnett Mr. Al Ledford,Town of Franklin Macon County Health Department Macon County Building Inspector { 59 Woodfin Place,Asheville North Carolina 28801 Telephone 828-251-6208 FAX 828-251-6452 An Equal opportunity Affirmative Action Employer 50%recycled110%post-consumer paper