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HomeMy WebLinkAboutYancey Co. DamsWDENR North Carolina Department of Environment and N Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist March 12, 2009 NOTICE OF DEFICIENCY CERTIFIED MAIL-7005 0390 0001 3531 3482 RETURN RECEIPT REQUESTED James & Nolz Beaver 609 Sawmill Hollow Road Burnsville, NC 28714 RE: Ayers Pond Dam, State ID No. YANCE-007 Hazard Potential: High; Yancey County Dear Mr. and Mrs. James and Nolz Beaver: 1""YEID 'D I i MAR 1 2 2009 a uraI9 rI IEC-noN A6HFVILI_E,REUNAL OFFICE Beverly Eaves Perdue, Governor Dee Freeman, Secretary The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on February 19, 2009 by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following conditions were noted: • The spillway system may be inadequate for a high hazard dam. • There appears to be problem with the structural integrity of the riser barrel. • There are trees and high vegetation on both the upper and downstream slope of the dam. • There is some sloughing of the upstream slope of the dam. • There are burrows evident on the downstream slope of the dam. • There is erosion occurring at the toe contact of the dam due to the eroding right abutment and large gully that has formed. • The emergency spillway is not well defined. 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 www.enr.state.nc.us One NorthCarolina An Equal Opportunity / Affirmative Action Employer Naturally Cc, Notice of Deficiency Ayers Dam March 12, 2009 Page 2 of 3 These conditions appear serious and justify further engineering study to determine appropriate remedial measures. In the event of a dam failure, human life and significant property would be endangered because of the downstream location of homes, businesses and Hwy 19E. • Failure of the riser barrel spillway system could lead to excessive seepage and possible slope failure. The riser system should be assessed for possible replacement with a riser system approved for high hazard dams. • Trees and bushes growing on the dam can cause problems and even failure of the dam by creating holes when trees are uprooted due to wind and ice. When trees die and their root system decays, seepage holes can occur and possibly cause slope failure. We request that trees and thick undergrowth be cut and removed from the dam. Do not remove stumps or undertake any clearing that might aggravate a seepage problem or create an erosion problem. • An area of erosion near the right abutment and toe contact should be addressed. • The emergency spillway is not well defined. Failure of the emergency spillway system could cause the dam to overtop during large storm events and, cause serious erosion and slope failure of the back slope of the dam. • The areas of sloughing and the burrows should be monitored for any changes that might further endanger the dam integrity. In order to ensure the safety of this dam, you are directed to retain the services of a registered professional engineer or an experienced engineering firm to make a study of the conditions outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to this office by March 31, 2009. You are instructed to drain the impoundment and keep it drained until necessary repairs are made or a breach plan is submitted and approved by The Division of. Land Resources. For earthen dams the rate of draw down shall not exceed 1 foot per day unless approved by our office. Siphoning shall be done under the supervision of a licensed engineer experienced in dam design. The draining shall be done in such a way to minimize the sediment load at the outlet. Contact The North Carolina Division of Water Quality, Roger Edwards, at (828) 296-4500 for additional information on their requirements. An Emergency Action Plan (EAP) is needed for this dam. The EAP must include all downstream hazards and all local emergency contact information. An EAP shell document can be reviewed at our website at http://www.dlr.enr.state.nc.us/pages/damsafetyprogram.htm1. Two copies of the EAP shall be submitted to the Division of Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612, Attn: Mr. Steve McEvoy, PE, State Dam Safety Engineer, and a copy shall be provided to the local emergency management office. Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before April 15, 2009, we shall present the case information for FNotice of Deficiency Ayers Dam March 12, 2009 Page 3 of 3 appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely,_. 43 4PE J net S. Boyer, egional Engineer cc: Steve McEvoy, PE, State Dam Safety Engineer Roger Edwards, Surface Water.Protection_Regional. Supervisor C.r-- NCDENR North Carolina Department of Environment and Natural Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist March 12, 2009 NOTICE OF DEFICIENCY CERTIFIED MAIL-7005 0390 0001 3531 3475 RETURN RECEIPT REQUESTED Green Mtn. Homeowners Association Rt.2, Box 969 Green Mtn., NC 28740 RE: Green Mtn. Dam, State ID No. YANCE-010 Hazard Potential: High; Yancey County Dear Green Mtn. Homeowners Association: Resources ................... _ ,Beverly -Eaves Perdue, Governor pie, reeman, Secretor r i MAR 1 2 2009 WATER QUALITY SECTION ASHEVILLE REGIONAL Oi=FICE The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows.. A visual inspection of the referenced dam was conducted on February 19, 2009 by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following conditions were noted: • The riser barrel spillway has completely deteriorated and the current pool elevation is 12-15 feet below normal pool. • The back slope of the dam is covered with woody vegetation. • There is erosion occurring on the left abutment and at the outlet barrel. • The emergency spillway inlet is obstructed by vegetation. These conditions appear serious and justify further engineering study to determine appropriate remedial measures. In the event of a dam failure, human .life and significant property would be endangered because of the downstream location of NC 197. • Failure of the riser barrel spillway system could lead to excessive seepage and possible slope failure. The riser system must be replaced with a riser system approved for high hazard dams. • Trees and bushes growing on the dam can cause problems and even failure of the dam by creating holes when trees are uprooted due to wind and ice. When trees die and their root system decays, 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 www.ennstate.nc.us One NorthCarolina An Equal Opportunity/ Affirmative Action Employer Na%zma//y Notice of Deficiency Green Mountain Dam March 12, 2009 Page 2 of 2 seepage holes ' can occur and possibly cause slope failure. We request that trees and thick undergrowth be cut and removed from the dam. Do not remove stumps or undertake any clearing that might aggravate a seepage problem or create an erosion problem. The area of erosion near the outlet should be addressed. The emergency spillway is obstructed and undersized for a high hazard dam. Failure of the emergency spillway system could cause the dam to overtop during large storm events and cause serious erosion and slope failure of the back slope of the dam. Vegetation obstructing the emergency spillway inlet should be removed. In order to'ensure the safety of this dam, you are directed to retain the services of a registered professional 'engineer or an experienced engineering firm to make a study of the conditions outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to this. office by April You are instructed to drain the impoundment and keep it drained until necessary repairs are made or a breach plan is submitted and approved by The Division of Land Resources. For earthen dams the rate of draw down shall not exceed 1 foot per day unless approved by our office. Siphoning shall be done under the supervision of a licensed engineer experienced in dam design. The draining shall be done in such away to minimize the sediment load at the outlet. Contact The North Carolina Division of Water Quality, Roger Edwards, at (828) 296-4500 for additional information on their requirements. An Emergency Action Plan (EAP) is needed for this dam. The EAP must include all downstream hazards and all local emergency contact information. An EAP shell document can be reviewed at our website at http://www.dIr.enr.state.nc.us/pages/damsafetyprog ram. htm1. Two copies of the EAP shall be submitted to the Division of Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612, Attn: Mr. Steve McEvoy, PE, State Dam Safety Engineer, and a copy shall be provided to the local emergency management office. Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before March 31, 2009, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, S ?an�et Boyer, PE l Engineer cc: Steve McEvoy, PE, State Dam Safety Engineer Roger Edwards, Surface Water Protection Regional Supervisor,) r '141,11F�Av NCDECNR North Carolina Department of Environment and Natural Resources Division of Land Resources t' James D. Simons, PG, PE Director and State Geologist Land Qua ity Sec ion March 12, 2009 NOTICE OF DEFICIENCY CERTIFIED MAIL-7008 0150 0000 7473 3045 CERTIFIED MAIL-7008 0150 0000 7473 3052 RETURN RECEIPT REQUESTED Beverly Eaves Perdue, Governor uee-1r-freeman.-5e retary E� � `Vl �, 0 MAR 1 2 2009 +i WATER QUALITY N ASHEVIL.LE REGIONAL OFFICE William I. Young . Robert A. Phillips PO BOX 995 PO BOX 995 Burnsville, NC 28714 Burnsville, NC 28714 RE: Clouse Lake Dam, State ID No. YANCE-004 Hazard Potential: High; Yancey County Dear Messrs Young and Phillips: The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on February 13, 2009 by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following conditions were noted: • The riser pipe is completely rusted and not functioning. • The barrel outlet has seepage around the barrel. • There is high vegetation on both the upstream and downstream slope of the dam. • There is visible wetness at the left toe of the dam. 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 www.enr.state.nc.us One NorthCarolina. An Equal Opportunity / Affirmative Action Employer Awmally Notice of Deficiency Clouse Dam March 12, 2009 Page 2 of 3 11 These conditions appear serious and justify further engineering study to determine appropriate remedial measures. In the event of a dam failure, human life and significant property would be endangered because of the downstream location of Shoal Creek Road. • Failure of the riser barrel spillway system could lead to excessive seepage and possible slope failure. The riser system must be replaced with a riser system approved for high hazard dams. • Trees and bushes growing on the dam can cause problems and even failure of the dam by creating holes when trees are uprooted due to wind and ice. When trees die and their root system decays, seepage holes can occur and possibly cause slope failure. We request that trees and thick undergrowth be cut and removed from the dam. Do not remove stumps or undertake any clearing that might aggravate a seepage problem or create an erosion problem. • Seepage at the outlet. barrel and the area of wetness at the dam toe should be monitored for any changes that could cause further potential for loss of dam integrity. In order to ensure the safety of this dam, you are directed to retain the services of a registered professional engineer or an experienced engineering firm to make a study of the conditions outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to this office by April 15, 2009. You are instructed to drain the impoundment and keep it drained until necessary repairs are made or a breach plan is submitted and approved by The Division of Land Resources. For earthen dams the rate of draw down shall not exceed 1 foot per day unless approved by our office. Siphoning shall be done under the supervision of a licensed engineer experienced in dam design. The draining shall be done in such a way to minimize the sediment load at the outlet. Contact The North Carolina Division of Water Quality, Roger Edwards, at (828) 296-4500 for additional information on their requirements. An Emergency Action Plan (EAP) is needed for this dam. The EAP must include all downstream hazards and all local emergency contact information. An EAP shell document can be reviewed at our website at http://www.dIr.enr.state.nc.us/pages/damsafetyprogram.html. Two copies of the EAP shall be submitted to the Division of Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612, Attn: Mr. Steve McEvoy, PE, State Dam Safety Engineer, and a copy shall be provided to the local emergency management office. Notice of Deficiency Clouse Dam March 12, 2009 Page 3 of 3 Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before March 31, 2009, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, Jgie S. Boyer, PE onal Engineer cc: Steve McEvoy, PE, State Dam Safety Engineer Roger- Edwards, -Surface Water- Protection Regional Superv_isdr G:\LQ\Yancey\Dams\004 Clouse Dam\NOD 3_12_09.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary August 28, 2009 Ms. Nikki Street, PE Landcraft Engineering, PLLC 31 Cross Street Suite 229 Spruce Pine, North Carolina 28777 RE: Clouse Lake Dam — Hazard Classification Yancey County I State Dam ID: YANCE-004 Dear Ms. Street: C EL- S EP - 4 2009 WATER QUALITY SECTION AS iEVILLE PE^TONAL OFFICE A review has been made of the dam breach analysis submitted under cover letter -dated July 6, 2009 and received in this office on July 10, 20:09,for,.theareferenced dam.,Based on our.review of the information provided, additional evaluation is required to support the engineer's assertion that the subject dam should be classified as Class A low hazard potential.. To that end, we, offer the following comments: The hazard assessment for the subject dam must take into consideration the consequences of failure to downstream homes, industrial and commercial buildings, important public utilities, primary highways, and major railroads. It appears that the engineer based her conclusions solely on the absence of negative impact on downstream homes. Please identify all pertinent hazards, such as culvert or bridge crossings, on submitted drawings. 2. The analysis is based only on a "sunny day" failure of the subject dam. The evaluation must also consider damage to downstream hazards from overtopping failure of the dam during the design storm. The engineer may wish to establish the design storm pursuant to 15A NCAC 2K.0205 (e) rather than using the criteria outlined in the table titled "Minimum Spillway. Design Storms" in 15A NCAC 2K.0205. If this criteria is used, as a starting point the engineer may wish to determine the rain event that would overtop the dam just enough.to cause overtopping failure, perhaps overtopping the dam by approximately 9 inches. Using that rain event, an analysis can then be performed to determine differences in downstream impacts with and without failure of the dam. If this analysis is performed using sufficiently conservative assumptions (such as for length of time to breach) and results in no additional downstream impacts, then that — in addition to 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:htip://www.dlr.enr.state.nc.us/pages/iandqualitysection.html Ms. Nikki Street, PE August 28, 2009 Page 2 of 2 the sunny day analysis — may support a reduction in hazard classification. Analysis of additional storm events up to the 1/3 PMP event may be required as well depending on the results of the analyses of smaller storm events. 3. Please be aware that only the area draining to the subject dam and additional drainage to key downstream locations (such as upstream of road crossings) should be considered in the evaluation. Any backwater flooding from larger downstream creeks or streams should not be used to justify a lower hazard classification. Thank you for the opportunity to review the information regarding the referenced dam. Please contact Ms. Janet Boyer, Regional Engineer at telephone number (828) 296-4500, or me at (919) 733-4574 should you have questions or if we may be of further assistance in this matter. Sincerely, William H. Denton, IV, EIT Assistant State Dam Safety Engineer Land Quality Section cc: Mr. William I. Young Ms. Janet Boyer, PE, LQS Regional Supervisor a e�Water;�ProtectiomrRegronal�S.uper-uis©r Filename: YANCE-004_20090828_HazDetResponse h � _: North Carolina Department of Environment and Natu Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist May 12, 2010 NOTICE OF DEFICIENCY CERTIFIED MAIL-7008 0150 0000 7473 2000 CERTIFIED MAIL-7008 0150 0000 7473 2017 RETURN RECEIPT REQUESTED FY EDwC 1 4 2010 al R sources WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Beverly Eaves Perdue, Governor _._.Dee Freeman,,.Secretary. William I. Young Robert A. Phillips PO Box 995 PO Box 995 Burnsville, NC 28714 Burnsville, NC 28714 RE: Clouse Lake Dam, State ID No. YANCE-004 Hazard Potential: High; Yancey County Dear Mr. Young and Mr. Phillips: The Dam Safety Law of 1967 provides nfor order to recertification duce theand risk of failure of dams,the to prevent of public health, safety, and welfare, l injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on April 26, 2010 by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following conditions were noted: • The riser pipe is completely rusted and is not properly functioning. A PVC siphon system has been installed but was not in operation at the time of inspection. The dam is still impounding water. ® The corrugated metal pipe through the dam is deteriorated and seepage Is occurring around the pipe outlet. ® There is no defined emergency overflow spillway. ne riate These conditions appear serious and j�a� fa luree human lifefurthr ng study to and significant tprolperty would be remedial measures. In the event of a 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 One www.enr.state.nc.us N.�O.�i'thCarolina An Equal opportunity / Affirmative Action Employer /\ laggJ/ albi Notice of Deficiency Clouse Dam May 12, 2010 Page 2 of 2 endangered because of the downstream location of Shoal Creek Road (SR1323). In order to ensure the safety of this dam, you are directed to retain the services of a registered professional engineer or an experienced engineering firm to make a study of the conditions outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to this office by July 30, 2010. In addition to the above, the following remedial actions, not requiring design or approval, should be completed by July 30, 2010. These items include the following: • Trees and bushes are growing on the dam again. Though you have cut this growth off the dam in the past, you need to keep it off by re -cutting periodically. After cutting, the laps and limbs should be removed from the dam and a good grass cover should be established and maintained. An Emergency Action Plan (EAP) is needed for this dam. The EAP must include all downstream hazards and all local emergency contact information. An EAP shell document can be reviewed at our website at http://www.dIr.enr.state.nc.us/pages/damsafetyprogram.htm1. Two copies of the EAP shall be submitted to the Division of Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612, Attn: Mr. Steve McEvoy, PE, State Dam Safety Engineer, and a copy shall be provided to the local emergency management office. Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before July 30, 2010, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, J net S. Boyer, PE R gional Engineer cc: Steve McEvoy, PE, State Dam Safety Engineer R.ocg.er Edwards; Surd,arc; e,Waterr,-P,ro- tec ion FRegii,o:n:a!17S-uDe Fvise.r G LO'Y3ncey'Dams%,004 Clouse Dam1NOD 5-12-10 doc ®��L�MC AW.- MAY i NCDENR 2010 North Carolina Department of Environment and Nat ral WATER QUALITY SECTION Division of Land Resources ASHEVILLE REGIONAL OFFICE Land Quality Section James D. Simons, PG, PE •- _.. Beverly Eaves P'erdue;`Governor Director and State Geologist Dee Freeman, Secretary May 14, 2010 NOTICE OF DEFICIENCY CERTIFIED MAIL- 7008 0150 0000 7473 2178 CERTIFIED MAIL- 7008 '0150 0000 7473 2185 RETURN RECEIPT REQUESTED James Beaver 609 Sawmill Hollow Road Burnsville, NC 28714 RE: Ayers Pond. Dam, State ID No. YANCE-007 Hazard Potential: High; Yancey County Dear James and Nolz Beaver: Nolz Beaver 609 Sawmill Hollow Road Burnsville, NC 28714 The Dam ISafety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on April 26, 2010 by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following conditions were noted: • The spillway system may be inadequate for a high hazard dam. • There appears to be a problem with the structural integrity of the riser barrel spillway. • There was seepage noted on the downstream slope of the dam. • There are trees and high vegetation on the downstream slope of the dam. • There is scour erosion occurring below the principal spillway outlet. • The emergency spillway is not well defined. These conditions appear serious and justify further engineering study to determine appropriate remedial measures. In the event of a dam failure, human life and significant property would be endangered because of the downstream location of homes, businesses and Hwy 19E. 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 www.enr.statemc.us One No � Carolina An Equal Opportunity / Affirmative Action Employer Naturally ural/ Notice of,Deficienty Ayers Dam May 14, 2010 Page 2 of 2 Failure of the riser barrel spillway system could lead to excessive seepage and possible slope failure. The riser system should be assessed for possible replacement with a riser system approved for high hazard dams. Excessive seepage can cause failure of the dam due to internal erosion and/or embankment sliding. Trees and bushes growing on the dam can cause problems and even failure of the dam by creating holes when trees are uprooted due to wind and ice. When trees die and their root system decays, seepage holes can occur and possibly cause slope failure. We request that trees and thick undergrowth be cut and removed from the dam. Do not remove stumps or undertake any clearing that might aggravate a seepage problem or create an erosion problem. The emergency spillway is not well defined. Failure of the emergency spillway system could cause the dam to overtop during large storm events and cause serious erosion and slope failure of the back slope of the dam. In order to ensure the safety of this dam, you are directed to retain the services of a registered professional engineer or an experienced engineering firm to make a study of the conditions outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to this office by July 30, 2010. An Emergency Action Plan (EAP) is needed for this dam. The EAP must include all downstream hazards and all local emergency contact information. An EAP shell document can be reviewed at our website at http://www.dlr.enr.state.nc.us/pages/damsafetyprogram.htm1. Two copies of the EAP shall be submitted to the Division of Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612, Attn: Mr. Steve McEvoy, PE, State Dam Safety Engineer, and a copy shall be provided to the local emergency management office. Please contact us at 828-296-4500 to advise us of your intended action'in this matter. If we do not receive notification on or before July 30, 2010, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, )Regional et S. Boyer, PE Engineer cc: Steve McEvoy, PE, State Dam Safety Engineer RQc eC-d, r 5 +ace V` t r�l'�rot ctionr F� glipnal~Sup rvisor G:\LQ\Yancey\Dams\007 Ayers Pond Dam\NOD 5-14-10.doc fie NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary October 5, 2010 Mr. William I. Young Mr. Robert A. Phillips Post Office Box 995 ' Burnsville, North Carolina 28714 RE: Clouse Lake.Dam Yancey County YANCE-004 Dear Mr. Young and Mr. Phillips: 11 OCT - 7 2010 I WATER QUALITY SECTION - A f;=VIL LE REG ONAL 0 FICE A review has•beemmade of the preliminary report for repairs to the subject dam dated July 30, 2010 and received by this office on August 10, 2010. We concur with the design recommendations outlined in the preliminary report. In addition, we offer the following comments: 1. Please insure the proposed emergency spillway channel discharges to a stable outlet location that will not pose a threat to the stability of the dam embankment when the emergency spillway is activated. Also, the emergency spillway topographic contours must accurately reflect the proposed design. A centerline profile drawing and representative cross -sections of the emergency spillway will be required. 2. For ease of access and to maximize the operator's ability to prime the siphon, the design engineer.may wish to relocate the downstream ball valve closer to the siphon outlet. 3. A detailed grouting procedure and nonshrink grout material specifications will be required - for plan approval. Before beginning repair work on the referenced dam, 2 sets of plans and specifications for repair work must be filed with the Division of Land Resources for approval pursuant to Title 15A, Subchapter 2K of the North Carolina Administrative Code. Please contact Ms..Janet Boyer, PE, Regional Engineer, at telephone number (828) 296-4500 or me at telephone number (919) 733-4574 should you have questions concerning this matter. We look forward to receiving final design documents from you. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dlr.enr.state.nc.us/pages/landqualitysection.html Mr. William I. Young and Mr. Robert A. Phillips October 5, 2010 Page 2 of 2 Sincerely, William H. Denton, IV, EIT Assistant Dam Safety Engineer Land Quality Section cc: Ms. Nikki B. Street, PE, Landcraft Engineering Ms. Janet Boyer, PE, LQS Regional Engineer C-,�S uface4ater P_ rotcct�on Reganal`Supervmsox, File Name: YANCE-004_20101005_Prelim Report Response_Clouse Dam Clouse Dam YANCE-004 7 4 NCDENR North Carolina Department of Environment and Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist February 3, 2011 NOTICE OF DEFICIENCY CERTIFIED MAIL-7009 1680 0000 7515 0324 RETURN RECEIPT REQUESTED Anthony Reinart, Trustee PO Box 331346 Miami, FL 33133 RE: Moonshine Mountain Road Dam, State ID No. YANCE-010 Hazard Potential: High; Yancey County Dear Mr. Reinart.: .•..:w.4v:)::`.+,i+a.c%4'ir�:W;'vi.1[ti1a+i�o, iP,v...7:�r� Y.::: `5 M ,l FEB _ 4 2011 i u ra Re as 1' WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Beverly Eaves Perdue, Governor`-- - �.,�.� �....�.i�ee'�r"eeman; The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on January 31, 2011 by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following conditions were noted: • The riser of the spillway system has deteriorated and the pond has drained approximately 8-10 feet below normal pool elevation. • The back slope of the dam is covered with woody vegetation. - There is erosion occurring at the outlet of the spillway barrel. • The emergency spillway inlet is obstructed by vegetation. These conditions appear serious and justify further engineering study to determine appropriate remedial measures. In the event of a dam failure, human life and significant property would be endangered because of.the downstream location of NC Highway 197. • Failure of the riser barrel spillway system could lead to excessive seepage and possible slope failure. The riser system must be replaced with a riser system approved for high hazard dams. 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 www.enr.state.nc.us An Equal Opportunity / Affirmative Action Employer NorthCarohna Awmallty Notice of Deficiency' . Moonshine Mountain Road Dam February 3, 2011 Page 2j of'2 • Trees and bushes growing on the dam can cause problems and even failure of the dam by creating holes when trees are uprooted due to wind and ice. When trees die and their root system .decays, seepage holes can occur and possibly cause slope failure. We request that trees and thick undergrowth be cut and removed from the dam. Do not remove stumps or undertake any clearing that might aggravate a seepage problem or create an erosion problem. The area of erosion near the outlet should be addressed. • The emergency spillway is obstructed and undersized for a high hazard dam. Failure of the emergency spillway system could cause the dam to overtop during large storm events and cause serious erosion and slope failure of the back slope of the dam. Vegetation obstructing the emergency spillway inlet should be removed. In order to ensure the safety of this dam, you are directed to retain the services of a registered professional engineer or an experienced engineering firm to make a study of the conditions outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to this office by April 29, 2011. As a dam owner, you may incur liability should your dam have a problem or fail, if such results in loss of life or property damage downstream. It is requested that an Emergency Action Plan (EAP) be prepared for your dam. The EAP may be invaluable in guiding you through a crisis situation should you have an emergency that could affect the stability of your dam, such as heavy rain, slope failures, or other natural hazards. North Carolina has recently completed and adopted an EAP template for owners of high hazard dams. The template and associated guidance can be obtained by visiting the Dam Safety Programs website (http://dlr.enr.state.nc.us/pages/damsafetyprogram.htm1) or by calling Dam Safety Program staff at (919) 733-4574. Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before March 31, 2011, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. cc: Steve McE Sincerely, net S. Boyer, PE A ting Regional Engineer Mo;-ishine. MoOrftain Road Darn\ IOD 2-3-1 1.doc A. Y , ',o North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary March 31, 2009 NOTICE OF DEFICIENCY CERTIFIED MAIL-7005 0150 0000 7473 2918 RETURN RECEIPT REQUESTED James & Nolz Beaver 609 Sawmill Hollow Road Burnsville, NC 28714 RE: Ayers Pond Dam, State ID No. YANCE-007 Hazard Potential: High,- Yancey County Dear Mr. and Mrs. James and Nolz Beaver: �—�D APR - 2 2009 I� WATER QUALITY SECTION A.SHEVILLE REGIONAL OFFICE A Notice of Deficiency letter was mailed on March 12, 2009. We are resending the Notice, of Deficiency due to a mailing error associated with the first letter. This letter is restating the previous Notice of Deficiency conditions and providing a new deadline date. . The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on February 19, 2009 by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following conditions were noted: • The spillway system may be inadequate for a high hazard dam. • There appears to be problem with the structural integrity of the riser barrel. • There are trees and high vegetation on both the upper and downstream slope of the dam. • There is some sloughing of the upstream slope of the dam. 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone.828-296-4500 Fax 828-299-7043 www.enr.state.nc.us One NorthCarolhia An Equal Opportunity / Affirmative Action Employer vah IPJJ /�� J 6 Notice of Deficiency Ayers Dam March 31, 2009 Page 2 of 3 I'l • There are burrows evident on the downstream slope of the dam. • There is erosion occurring at the toe contact of the dam due to the eroding right abutment and large gully that has formed. • The emergency spillway is not well defined. These conditions appear serious and justify further engineering study to determine appropriate remedial measures. In the event of a dam failure, human life and significant property would be endangered because of the downstream location of homes, businesses and Hwy 19E. Failure of the riser barrel spillway system could lead to excessive seepage and possible slope failure. The riser system should be assessed for possible replacement with a ,,riser system approved for high hazard dams. Trees and bushes growing on the dam can cause problems and even failure of the dam by creating holes when trees are uprooted due to wind and ice. When trees die and their root system decays, seepage holes can occur and possibly cause slope failure. We request that trees and thick undergrowth be cut and removed from the dam. Do not remove.stumps or undertake any clearing that might aggravate a seepage problem or create an erosion problem. An area of erosion near the right abutment and toe contact should be addressed. The emergency spillway is not well defined. Failure of the emergency spillway system could cause the dam to overtop during large storm events and cause serious erosion and slope failure of the back slope of the dam. The areas of sloughing and the burrows should be monitored for any changes that might further endanger the dam integrity. In order to ensure the safety of this dam, you are directed to retain the services of a registered professional engineer or an experienced engineering firm to make a study of the conditions outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to this office by April 30, 2009. An Emergency Action Plan (EAP) is needed for this dam. The EAP must include all downstream hazards and all local emergency contact information. An EAP shell document can be reviewed at our website at http://www.dIr.enr.state.nc.us/pages/damsafetyprogram.htm1. Two copies of the EAP shall be submitted to the Division of Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612, Attn-. Mr. Steve McEvoy, PE, State Dam Safety Engineer, and a copy shall be provided to the local emergency management office. G:11LQ\Yancey`•.Darns\007 Ayers Pond Dam\NOD 3_31_09.cloc Notice of Deficiency Ayers Dam March 31, 2009 Page 3 of 3 Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before April 30, 2009, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance.: Sincerely, anet S. Boyer, fE egional Engineer L• N r., aS" .pc y� G:\LQ\Yancey\Dams\007 Ayers Pond Dam\NOD 3_12_09.doc Ad - RCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist July 22, 2009 Mr. William I. Young Mr. Robert A. Phillips Post Office Box 995 Burnsville, North Carolina 28714 RE: Clouse Lake Dam Yancey County State Dam ID: YANCE-004 Dear Mr. Young and Mr. Phillips: Beverly Eaves Perdue, Governor Dee Freeman, Secretary D E C E o V E J U L 2 4 2009 f WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE This is to acknowledge receipt of your application dated July 6, 2009 for hazard classification determination of the subject dam. The application was received in our office on July 10, 2009. Applications requiring hazard classification determination will be reviewed by this office in the order they are received. We endeavor to respond to applications within 60 days of receipt of the application. Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone number (919) 733-4574 should you have any questions concerning this matter. Sincerely, Steven M. McEvoy, -E State Dam Safety En Land Quality Section SMM/JCR 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dlr.enr.state.nc.us/pages/landqual4section.html An Equal Opportunity / Affirmative Action Employer — 50% Recycled / 10% Post Consumer Paper Mr. William I. Young Mr. Robert A. Phillips July 22, 2009 Page 2 of 2 cc: Ms. Nikki B. Street, PE, Design Engineer — Landcraft Engineering, PLLC Ms. Janet Boyer, PE, Land Quality Regional Engineer -.- Surface Water Protection Supervisorfe File name: YANCE-004 20090722 Clouse Dam — hazard classification Air,WA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist May 29, 2009 NOTICE OF DEFICIENCY CERTIFIED MAIL-7008 0150 0000 7473 9306 RETURN RECEIPT REQUESTED Anthony Reinert, Trustee PO Box 331346 Miami, FL 33133 RE: Moonshine Mountain Road Dam, State ID No. YANCE-010 Hazard Potential: High; Yancey County Dear Mr. Reinert: Beverly Eaves Perdue, Governor Dee Freeman, Secretary [:Ei JUN- 2009 IDD WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows.. A visual inspection of the referenced dam was conducted on February 19, 2009 by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following conditions were noted: • The riser barrel spillway has completely deteriorated and the current pool elevation is 12-15 feet below normal pool. • The back slope of the dam is covered with woody vegetation. • There is erosion occurring on the left abutment and at the outlet barrel. • The emergency spillway inlet is obstructed by vegetation. These conditions appear serious and justify further engineering study to determine appropriate remedial measures. In the event of a dam failure, human life and significant property would be endangered because of the downstream location of NC 197. • Failure of the riser barrel spillway system could lead to excessive seepage and possible slope failure. The riser system must be replaced with a riser system approved for high hazard dams. • Trees and bushes growing on the dam can cause problems and even failure of the dam by creating holes when trees are uprooted due to wind and ice. When trees die and their root system decays, 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 One www.enr.state.nc.us NorthCarolina An Equal Opportunity / Affirmative Action Employer Naturally / Notice of Deficiency Green Mountain Dam May 29, 2009 Page 2 of 2 seepage holes can occur and possibly cause slope failure. We request that trees and thick undergrowth be cut and removed from the dam. Do not remove stumps or undertake any clearing that might aggravate a seepage problem or create an erosion problem. The area of erosion near the outlet should be addressed. The emergency spillway is obstructed and undersized for a high hazard dam. Failure of the emergency spillway system could cause the dam to overtop during large storm events and cause serious erosion and slope failure of the back slope of the dam. Vegetation obstructing the emergency spillway inlet should be removed. In order to ensure the safety of this dam, you are directed to retain the services of a registered professional engineer or an experienced engineering firm to make a study of the conditions outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to the Division of Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612, Attn: Mr. Steve McEvoy, PE, State Dam Safety Engineer by June 30, 2009. An Emergency Action Plan (EAP) is needed for this dam. The EAP must include all downstream hazards and all local emergency contact information. An EAP shell document can be reviewed at our website at http://www.dlr.enr.state.nc.us/i)ages/damsafebMrogram.htmi. Two copies of the EAP shall be submitted to the Division of Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612, Attn: Mr. Steve McEvoy, PE, State Dam Safety Engineer, and a copy shall be provided to the local emergency management office. Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before June 30, 2009, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. . Sincerely, ,a Boyer, PE ional Engineer cc: Steve Mc,�ou, PE State Dam Safdtj/ En �� ' ,`anc yy s t-ns\010 Moonshine, M iountain Road Dam\;v,!0D .�....2��.__09-110C A NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist May 22, 2009 NOTICE OF DEFICIENCY CERTIFIED MAIL-7003 1680 0002 1293 7180 RETURN RECEIPT REQUESTED Green Mtn. Homeowners Association 45 Coyote Ridge Green Mtn., NC 28740 RE: Green Mtn. Dam; State ID No. YANCE-010 Hazard Potential:, High; Yancey County Dear Green Mtn. Homeowners Association: Beverly Eaves Perdue, Governor Dee Freeman, Secretary E \\VII MAY 2 6 2009 t r WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE A Notice of Deficiency letter was mailed on March 12, 2009. We are resending the Notice of Deficiency due to a mailing error associated with the first letter. This letter is restating the previous Notice of Deficiency conditions and providing', a new deadline date. The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. l A visual inspection of the'referenced dam was conducted on February 19, 2009 by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following conditions were noted: • The riser barrel spillway has completely deteriorated and the current pool elevation is 12-15 feet below normal pool. • The back slope of the dam is covered with woody vegetation. • There is erosion occurring on the left abutment and at the outlet barrel. • The emergency spillway inlet is obstructed by vegetation. These conditions appear serious and justify further engineering study to determine appropriate remedial measures. In the event of a dam failure, human life and significant property would be endangered because of the downstream location of NC 197. 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 www.enr.state.nc.us One NorthCarolina An Equal Opportunity / Affirmative Action Employer NaturallY Notice of Deficiency Green Mountain Dam May 22, 2009 Page 2 of 2 • Failure of the riser barrel spillway system could lead to excessive seepage and possible slope failure. The riser system must be replaced with a riser system approved for high hazard dams. • Trees and bushes growing on the dam can cause problems and even failure of the dam by creating holes when trees are uprooted due to wind and ice. When trees die and their root system decays, seepage holes can occur and possibly cause slope failure. We request that trees and thick undergrowth be cut and removed from the dam. Do not remove stumps or undertake any clearing that might aggravate a seepage problem or create an erosion problem. • The area of erosion near the outlet should be addressed. • The emergency spillway is obstructed and undersized for a high hazard dam. Failure of the emergency spillway system could cause the dam to overtop during large storm events and cause serious erosion and slope failure of the back slope of the dam. Vegetation obstructing the emergency spillway inlet should be removed. In order to ensure the safety of this dam, you are directed to retain the services of a registered professional engineer or an experienced engineering firm to make a study of the conditions outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to this office byJune 30, 2009. An Emergency Action Plan (EAP) is needed for this dam. The EAP must include all downstream hazards and all local emergency contact information. An EAP shell document can be reviewed at our website at http://www.dIr.enr.state.nc.us/pages/damsafetyprog ram. htm1. Two copies of the EAP shall be submitted to the Division of Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612, Attn: Mr. Steve McEvoy, PE, State Dam Safety Engineer, and a copy shall be provided to the local emergency management office. Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before June 30, 2009, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, n645. . Boyer, PE egional Engineer cc: Steve McEvoy, PE, State Dam Safety Engineer G 1LQ1Yancey\Darnst010 Green Mtn. Darn1NQD 5_22_09.doc ATOLA. RDENK North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section Michael F. Easley, Governor James D. Simons, PG, PE, Director and State Geologist January 16, 2008 NOTICE OF DEFICIENCY CERTIFIED MAIL-7005 1820 0002 9207 0306 RETURN RECEIPT REQUESTED Green Mountain Homeowner's Association Rt. 2, Box 969 Green Mountain, NC 28740 RE: Green Mountain Dam - YANCE-010 Yancey County Dear Sir or Madam: William G. Ross, Jr., Secretary Janet S. Boyer, PE, Regional Engineer prE C_C�1�� JA N 1 7 2008 i WATER QUALITY SECTION ASHEVILL`E REGIONAL OFFICE The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on December 10, 2007, and January 10, 2008, by staff of the Land Quality Section Asheville Regional Office and Raleigh Central Office. During this inspection, the following conditions were noted: 1. The riser/barrel spillway system is deteriorating and the normal pool elevation of the pond is approximately 8 feet below normal pool. 2. The back slope of the dam is covered with woody vegetation. 3. There is erosion occurring on the left abutment and near the barrel outlet. 4. The 24-inch emergency spillway pipe is obstructed. These conditions appear serious and justify further engineering study to determine appropriate remedial measures. In the event of a dam failure, human life and significant property would be endangered because of the downstream location of NC 197. 1. Deterioration of the riser/barrel spillway system could lead to excessive seepage and possible slope failure. 2. Trees and bushes growing on the dam can cause problems and even failure of the dam by 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 One www.enr.state.nc.us NorthCarohna An Equal Opportunity / Affirmative Action Employer Naturally Notice of Deficiency Green Mountain Dam January 16, 2008 Page 2 of 2 creating holes when trees are uprooted due to wind or ice. When trees die and their roots decay, seepage holes can occur causing possible slope failure. 3. The emergency spillway system is obstructed and undersized for a high hazard dam. Failure of the emergency spillway system could cause the dam to overtop during large storm events, causing serious erosion and slope failure of the back slope of the dam. In order to ensure the safety of this dam, you are directed to retain the services of a registered professional engineer or an experienced engineering firm to make a study of the conditions outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to this office by April 1,2008. You are instructed to drain the impoundment and keep it drained until necessary repairs are made or a breach plan is submitted and approved by The Division of Land Resources. For earthen dams the rate of draw down shall not exceed 1 foot per day unless approved by our office. Siphoning shall be done under the supervision of a licensed engineer experienced in dam design. The draining shall be done in such a way to minimize the sediment load at the outlet. Contact The North Carolina Division of Water Quality, Roger Edwards, at (828) 296-4500 for additional information on their requirements. An updated Emergency Action Plan (EAP) will be required for this dam if one is not already on file. If an existing EAP has not been updated in the past year, the downstream hazards shall be checked and all contact information should be verified. Two copies of the EAP shall be submitted to the Division of Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612, Attn: Max Fowler, PE, and a copy shall be provided to the local emergency management office. Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before April 1, 2008, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, Janet S. Boyer, PE Regional Engineer cc: Maxwell Fowler, PE, State Dam Safety Engineer (Roger Edwards, Surface Water Protection Regional Supervisor G:\LQ\Yancey\Dams\010-Green Mtn. Dam\ARO Notice Of Deficiency 1-16-2008.doc