HomeMy WebLinkAboutTransylvania Co. - DamsTUB- -
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Wiggs, Linda
From:
Edwards, Roger
Sent:
Friday, August 13, 2010 9:37 AM
To:
Wiggs, Linda; Wait, Jeff
Cc:
Boyer, Janet
Subject:
Stream and Land impact
A land disturbing activity, looked like flood plain rock mining with a stream that had been widened and deepen. Trees
and veIgetation removed from site and stream backs. Stream does have trout classification.
Directions: Hwy 64 to Hwy 215 turn right on Hwy 215 at the Outfitter/Rafting Store. Travel to Tanesee Road and Indian
Creek Road area. The site is between these to roads on the left as you are going up Hwy 215. There was a tent, two
chairs and a small trackhoe on site on Wednesday, August 11th. No indication of equipment ownership on trackhoe.
Let me know if you have questions
Than
Roger Edwards - Roger,Edwards@ncdenr.gov
North,Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Surface Water Protection
2090 U.S. 70 Highway
Swann,anoa, NC 28778
Tel: 828-296-4500
Fax: 828-299-7043
Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
therefore may be disclosed to third parties.
1
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
October 19, 2010
Mr. Earl Jenkins
Connestee Falls Property Owners Association
33 Connestee Trail
Brevard, NC 28712
RE: Ticoa Dam
Transylvania County
State Dam ID: TRANS-009
Dear Mr. Jenkins:
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
This is to acknowledge receipt of your application dated October 14, 2010 for the repair of the subject
dam. The application was received in our office on October 19, 2010.
Applications requiring an approval to repair a dam will be reviewed by this office in the order they are
received, except that existing high hazard potential dams with known safety problems will be given
priority. We endeavor to respond to applications within 60 days of receipt of the application.
Please contact Ms. Janet Boyer, PE, 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,
State Dam Safety Engineer
Land Quality Section
1 SMM/rdk
cc: Mr. J.C. Bumgarner, PE, Design Engineer
Mr. Janet Boyer, PE, Land Quality Regional Engineer
V 'Surface_tiUater Protection Siiper-Vi`sort:
Filename: TRANS-009_20101019_RECT Repair
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876
512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:hftp://www.dIr.enr.state.nc.us/pages/landqualitysecton.htmi
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
October 19, 2010
Ms. Leila von Stein
4857 Rich Mountain Road
Brevard, North Carolina 28712
RE: Bill Daniel Dam
Transylvania County
State Dam ID: TRANS-075
Dear Ms. von Stein:
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
i OCT 2 1 2010
LWATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
This is to acknowledge receipt of your application dated October 12, 2010 for the repair of the subject
dam. The application was received in our office on October 19, 2010.
Applications requiring an approval to repair a dam will be reviewed by this office in the order they are
received, except that existing high hazard potential dams with known safety problems will be given
priority. We endeavor to respond to applications within 60 days of receipt of the application.
Please contact Ms. Janet Boyer, PE, 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. McE oy, PE
State Dam Safety ' eer
Land Quality Section
SMM/rdk
cc: Mr. Terry E. Allen, PE, Design Engineer
Ms. Janet Boyer, PE, Land Quality Regional Engineer
�—Surface-Water Protection Supsor�
Filename: TRANS-075_20101019_RECT Repair
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876
512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:hftp://www.dlr.enr.state.nc.us/pages/landqualitysecVon.htmi
'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
September 16, 2010
Mr. Terry E. Allen, PE .
T.E. Allen Engineering, PC
Post Office Box 103
Rosman, North Carolina 28772
RE: Lora Young Dam
Transylvania County
State Dam ID: TRANS-016
Dear Mr. Allen:
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
1
1} SEP 21 2010
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
A review has been made of the plans, specifications, and design data submitted under cover letter
dated July 22, 2010 and received in this office on July-26, 2010 for breach of the referenced dam.
Prior to issuance of an approval to breach, additional information or revision is requested for the
following items:
1. Please provide design calculations for the proposed breach channel based on the routed
discharge from a standard design storm. Design storm selection should be discussed and
supported in a narrative to accompany the required design calculations.
2. Please. provide a profile drawing for the proposed breach channel. The profile must be
drawn to a standard engineering scale of sufficient size to provide adequate detail for
review and construction.
3. Please provide a sedimentation control device at the upstream end of the breach channel
sufficient to prevent release of excessive sediment to the areas downstream of the breach
channel as the stream channel re-establishes itself within the former impoundment area.
In addition, the subject dam is located on a stream that has been classified as Class "C", Trout,
High Quality Waters (HQW) by the North Carolina Environmental Management Commission.
As such, a waiver must be obtained through the. Division of Land Resources Land Quality
Section for land -disturbing activity within the protected buffer zone adjacent to the stream.
Please contact Mr. Gray Hauser, PE, State Sediment Specialist at (919) 733-4574 for assistance
in applying for such a waiver.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876
512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dlr.enr.state.nc.us/pages/Iandqualitysection,html
Mr. Terry E. Allen, PE
Revision Request
September 16, 2010
Page 2 of 2
Lora Young Dam
TRANS-016
Additional permits will likely be required from other governmental agencies as well. The owner
is advised to contact all interested agencies for help in determining additional permit
requirements.
It would greatly aid further application review if a response to each of the above comments were
made in a cover letter submitted with two sets of the revised plans, specifications and design
data.
Please contact this -office should you have any questions concerning the above items.
Sincerely,
William H. Denton, IV, EIT
Assistant Dam Safety Engineer
Land Quality Section
cc: Mr. Josh Leder, East Fork Lake Properties, LLC
Ms. Janet Boyer, PE
�iF± *SIi1rFacekW-1i er Protection Regional Superu sorb
Filename: TRANS-016 20100916_revreq
A�
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 Freemap; Secretary
r � 5
July 27, 2010
Straus Park Master Association
c/o IPM Corporation
Attn: Mr. Peter Randazzo
P.O. Box 580
Arden, North Carolina 28704
RE: Straus Lake (aka Ecusta) Dam
Transylvania County
TRANS-020
Dear Mr. Randazzo:
ID EC yE
I
AUG - 2 2010
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
This is to acknowledge receipt of your "as -built" submittal and application for impoundment dated July
16, 2010 for the subject dam. The submittal was received in our office on July 21, 2010.
Applications requiring Approval to Impound require a comprehensive field inspection by our Regional
Office personnel. Upon completion of the requisite field inspection and finding by our field personnel
that the dam has been constructed in conformance with the approved plan and as reported in the as -built
submittal, our office will issue an Approval to Impound. If significant discrepancies are found to exist,
revisions may be required before Approval to Impound can be issued.
Please contact Ms. Janet Boyer, PE, 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,
J�
Steven M. McEvo �PP `
State Dam Safety Engineer
Land Quality Section
SMM/rdk
cc: Mr. David D. Smith, PE, Design Engineer
Ms. Janet Boyer, PE, Land Quality Regional Engineer
Surface Water Protection Supervisor
Filename: TRANS-020 20100727 AB RECT
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876
512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dir.enr.state.nc.us/pages/landqualitysection.html
40*�
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 14, 2009
Straus Park Master Association
c/o IPM Corporation
P.O. Box 580
2602 Hendersonville Road
Arden, North Carolina 28704
RE: Straus Lake Dam (aka Ecusta Dam)
Transylvania County
State Dam ID: TRANS-020H
Dear Straus Park Master Association
O C T 1 9 2009 i
F
This is to acknowledge receipt of your application dated October 1, 2009 for the repair of the subject
dam. The application was received in our office on October 8, 2009. Additional information is
requested before this office can process your application. These items are as follows:
Please provide two copies of plans that are signed, sealed and dated.
Once these items are received we will proceed with a review of your application. In order for the
application to retain its place in the order of reviews the above items must be received within thirty days.
Applications requiring an approval to repair a dam will be reviewed by this office in the order they are
received except that existing high hazard potential.dams will be prioritized. We endeavor to respond to
applications within 60 days of receipt of the application.
Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70,
Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone number (919)
733-4574 should you have any questions concerning this matter.
Sincerely,
010`
Steven M. McEvoy, E
State Dam Safety Engineer
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:hfp://www.dlr.enr.state.nc.us/pages/landqualitysection.html
Straus Park Master Association
c/o IPM Corporation
October 14, 2009
Page 2 of 2
cc: Mr. David D. Smith, PE, Design Engineer — David D. Smith and Company, PLLC
Ms. Janet Boyer, PE, Land Quality Regional Engineer
tSurface-rater PMTR c i'on-Sjpervisor
File Name: TRANS-020H 2O091014 RECT lA Straus Lake Dam - repair
A47LA
� I I
NGDENR `l i l' [' r ' J I
i
North Carolina Department of Environment and Natural Resources L ---- j
Division of Land Resources ''`"`-`r'� 'rLITf sFc' �I }
F,.-��`,?II I_r= F',"=.G: G�,r',L CFI=1: E_
-- --- -
James D. Simons, PG, PE Land Quality Section
Director and State Geologist
December 18, 2009
Mr. David D. Smith, PE
85 Thompson Street
Asheville, North Carolina 28803
RE: Straus Lake Dam
Transylvania County
State Dam ID: TRANS-020
Dear Mr. Smith:
Beverly'Eaves Perdue, Governor
Dee Freeman, Secretary
A review has been made of the plans, specifications and design data submitted under cover letter
dated October 1, 2009 and received in this office on October 8, 2009 for the repair of the
referenced dam. Prior to issuance of an approval to repair, additional information or revision is
requested for the following items:
The analysis of the time of concentration, Tc, for the drainage areas to the subject
dam should account for open channel flow for Subcatchment IS, as there appears
to be a well-defined channel flowing into the impoundment. This is based on a
review of available topographic maps that show a perennial stream flowing into the
impoundment from the northwest.
2. It is unclear based on the information provided whether the calculated inflow
through the upstream culvert (Subcatchment 1 S) takes into consideration that flow
into the pond is restricted by the culvert. Is the culvert capable of passing the
inflow from the 50-year and 1/3 PMP design storms without overtopping the
access road over it? Overtopping of the access road is not a dam safety issue, but
the behavior of this culvert will affect inflow to the impoundment. Please provide
comment on this issue and modify design calculations as needed.
3. The small drainage area to the west of the impoundment would be more properly
modeled independent of the drainage area to the north as the two are separated by
the area currently designated as Subcatchment 1 S. Please modify the design
calculations accordingly.
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,htm]
Mr. David D. Smith, PE
December 18, 2009
Page 2 of 2
4. Based on the information provided, it is unclear whether the existing principal
spillway can safely pass the required 50-year return period design storm without
activating the unlined emergency spillway. There was no calculation provided for
the expected inflow from the 50-year storm. Please provide additional engineering
data and calculations to show it has the required capacity.
5. Please provide a full profile of the principal spillway with appropriate
dimensioning and elevation information. Also, provide a hydraulic grade line
analysis to show that all sections of that spillway can safely convey the design
storm without over flowing.
Please provide analysis of the outlet discharge channel that shows it is capable of
safely conveying the outflow from the principal spillway away from the dam
without significant damage to the dam embankment or the receiving channel.
It would greatly aid further application review if a response to each of the above comments were
made in a cover letter submitted with two sets of the revised plans, specifications and design
data.
Please contact this office should you have questions concerning the above items.
Sincerely,
� A�' 0, -f, , v�—
William H. Denton, IV, EIT
Assistant Dam Safety Engineer
Land Quality Section
cc: Straus Park Master Association
Ms. Janet Boyer, PE
Surface Water Protection -Regional Supervisor l
Filename: TRANS-020_20091218_revreq_Straus Lake Dam
NC®ENR
North Carolina Department of Environment and Natura
Division of Land Resources
James D. Simons, PG, PE
Director and State Geologist
Certificate of Approval
March 22, 2010
Straus Park Master Association
c/o IPM Corporation
Attn: Mr. Peter Randazzo -
Post Office Box 580
Arden, North Carolina 28704
RE: Approval to Repair
Straus Lake (Ecusta) Dam
Transylvania County
State I.D.: TRANS-020
Dear Mr. Randazzo:
r"" f
�o . rc4AR 2 9 2010
WATER QUALITY SECTION
W_,.,Dee Freeman; Secretary.
This is in response to your submission dated January 28, 2010 and received on February 2, 2010
of plans, specifications and design data for repair of the subject dam in compliance with the Dam
Safety Law of 1967. This dam is of high hazard classification. The plans, specifications and
design data submitted were prepared under the supervision of Mr. David D. Smith, PE.
This letter constitutes approval of the proposal to repair the subject dam according to the plans
and specifications received by this Division on February 2, 2010 with the following stipulations:
1. Project construction shall be supervised by Mr. David D. Smith, PE. Mr. David D. Smith,
PE shall be responsible for field observation of construction as necessary to ensure
compliance with approved plans.
2. During construction, the Division of Land Resources may require such progress reports as
are deemed necessary.
3. In accordance with GS 143-215.29 and NCAC 15A-2K .0203, .0215, and .0212, within 30
days of completion of the project, Mr. David D. Smith, PE shall inspect the completed work
and upon finding that the work has been done as specified and the dam is safe, shall file
with the Division of Land Resources two sets of record drawings and a certificate stating
that the work has been completed in accordance with approved plans, specifications and
other requirements.
Geological Survey - Land Quality • Geodetic Survey
Division of Land Resources • 1612 Mail Service Center, Raleigh, North Carolina 27699-1612
512 North Salisbury Street, Raleigh, North Carolina 27604
Telephone 919-733-3833 / FAX: 919-715-8801 9 Internet: http://www,dir.en r. state. nc.us/index.html
Straus Park Master Association
March 22, 2010
Page 2 of 2
4. The water level in the impoundment shall remain lowered to an elevation of approximately
four (4) feet below the principal spillway crest per Site Work and Demolition Notes item 1
on Plan Sheet C-3 of the approved plans until final approval for operation of this dam is
issued by the Division of Land Resources. Also, the lowering of the impoundment shall be
performed in such a manner as to preclude off -site sedimentation.
An emergency action plan (EAP) and an operation and maintenance (O&M) plan are
required for all high hazard dams. The O&M plan should address routine maintenance,
frequency of inspections by the owner or the owner's representative, and annual operation
of the bottom drain to ensure that it is functional. It is strongly recommended that the EAP
be submitted prior to commencing repairs to address problems that may arise during
construction. Nevertheless, both the EAP and O&M plan must be received prior to issuance
of an approval to impound.
6. You must notify Ms. Janet Boyer, PE, Regional Engineer, Land Quality Section, 2090 US
Highway 70, Swannanoa, North Carolina 28778, (828) 296-4500 ten days before the start of
construction.
The Army Corps of Engineers and the Water Quality Section of this Department should be
contacted to determine if additional permits are required. Also, the erosion and sediment control
program having jurisdiction should be contacted to determine permit requirements. In any case,
sediment must be prevented from entering the waters of the state or flowing onto neighboring
property.
Construction of the repairs must begin within one year of the date of this letter or this approval is
void. For assistance you may contact the Asheville Regional Office at (828) 296-4500 or a staff
member of the Dam Safety Program in the Raleigh Central Office at telephone number (919)
733-4574.
Si erely,
2
ames D. Simons, PG, PE
Director and State Geologist
JDS/smm/whd
cc: Mr. David D. Smith, PE
Ms. Janet Boyer, PE, Regional Engineer
Surface Water Protection Regional Supervisor:
DAV/D D. SMITH AND CO//VIIPi4NY PLLC
civil and structural engineering consultants
,,�� landscape architecture/land planning
85 Thompson Street Asheville, NC 28803
Tel: (828) 254-4448 Fax: (828) 254-4402
LETTER OF TRANSMITTAL
Date: November 5th, 2009
North Carolina Wildlife Resources Commission (NCWRC)
Mountain Region Coordinator
20830 Great Smoky Mtn. Expressway
Waynesville, NC 28786
ne: (828) 452-2546
Attention: Dave McHenry
We transmit:
®herewith
❑in accordance with your request
For your:
®approval
❑information
❑record
The following:
Project: Lake Straus Inflow Pipe and
Spillway Remediation
Transylvania County
TRANS-020
DDSCO Project No.: 224609
❑distribution to parties
❑review & comment
Fuse
❑Schedules ®Permit Application
❑Calculations
❑Permits
® Maps and supporting documentation
Copies
Date
Description:
1
10-19-09
Drawings C-1, C-2, C-3 and C-4 (Vicinity Map is on Drawings)
1
10-23-09
Signed Pre -Construction Notification (PCN) Form
1
10-01-09
USGS Map "Pisgah Forest" at V= 1,000' with watersheds identified.
1
10-30-09
Signed Agent Authorization Form
Remarks: Dave —
The attached PCN and drawings are submitted for a Nationwide Permit 33 for
Temporary Diversions for replacing the culvert flowing into Lake Straus.
By: David J. Straub, RLA
Cc: Jt 'Jggs -9C1R DVQ —Asheville Regional Office (drawings only)
Peter Randazzo — IPM Corporation
Job File
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land.Res_ourceS .....
Land Quality Section
James D. Simons, PG, PE —Beve ly Eaves Perdue, Governor
Director and State Geologist dm Dee Freeman, Secretary
March 9, 2010 �} MAR
p
J 1 5 2010 � v�
Line Runner Maintenance Corporation WATER QUALITY SECTION
c/o Richard Britt A2HEVI1-LE REGIONAL 011 I
P.O. Box 292
Rosman, NC 28772 -
RE: Line Runner Ridge Dam
Transylvania County
State Dam ID: TRANS-015
Dear Mr. Britt:
This is to acknowledge receipt of your application dated March 3, 2010 for the hazard
confirmation breach analysis study of the subject dam. The application was received in our
office on March 8, 2010. Additional information is requested before this office can process your
application. These items are as follows:
1. In accordance with 15A NCAC 2K .0203, project specifications and all project
calculations must be one hundred percent complete and sealed in accordance with NCGS 89C.
These documents may be marked "FINAL DESIGN, NOT RELEASE FOR CONSTRUCTION"
to prevent confusion during construction.
Once these items are received we will proceed with a review of your application. In order for the
application to retain its place in the order of reviews the above items must be received within
thirty days. Applications requiring an approval to construct/repair/modify/breach/enlarge a dam
will be reviewed by this office in the order they are received except that existing high hazard
potential dams will be prioritized. We endeavor to respond to applications within 60 days of
receipt of the application.
Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway
70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone
number (919) 733-4574 should you have any questions concerning this matter.
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/landqua]itysection.htmI
Mr. Richard Britt
March 9, 2010
Page 2 of 2
Sincerely,
Steven M. McEvoy, P
State Dam Safety Engine
Land Quality Section
SNWJCR
cc: Mr. John F. Garner, PE, Design Engineer — S&ME, Inc.
Ms. Janet Boyer, PE, Land Quality Regional Engineer
Surface Water Protection Supervisor
File Name: TRANS-015 20100309 RECT IA Line Runner Ridge Dam — Hazard confirmation
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE
Director and State Geologist
April 12, 2010
Line Runner Maintenance Corporation
C/O Mr. Richard Britt
P.O. Box 359
Rosman, NC 28772
RE: Dam Breach Analysis
Line Runner Ridge Dam
.Transylvania County
State Dam ID: TRANS-015
Dear Mr. Britt:
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
,h
l� APN -1 5 2010
WATER QUALITY SECTION
PSH`VILLE REGIONAL OFFICE
The dam breach analysis performed by S&ME for the referenced dam, received in this office on March
24, 2010 under transmittal letter dated March 3, 2010, has been reviewed. We concur with the findings
of this analysis that a high hazard potential classification is presently warranted for this dam and since
the dam height is shown to be approximately 37 feet, it is a medium size dam.
All repairs to this dam must comply with the requirements of the North Carolina Administrative Code
15A-2K for a medium size, high hazard dam, and as such the spillway design flood (SDF) is '/z PMP and
the frequency of operation of a vegetated earth or unlined emergency spillway cannot exceed once in 50
years.
You may contact this office at telephone number (919) 733-4574 if you have questions or if we may be
of further assistance in this matter.
Sincerely,
jG�..
teven M. McEvoy PE
State Dam Safety En
Land Quality Section
SMM/WHH
cc: Mr. John F. Garner, PE, Design Engineer — S&ME, Inc.
Ms. Janet Boyer, PE, Land Quality Regional Engineer
Surface Water Protection Supervisor
File Name: TRANS-015_20100412_ Breach Report.doc_ Line Runner Ridge Dam
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://wvvw.dlr.enr.state.nc.us/pages/landqualit section.html
NCDENR I
North Carolina Department of Environment and Na.to I��esdWesl 0 2010
.Division of Land Resources.,
Land Quality Section WATER QUALITY SECTION
James D. Simons, PG, PE
ABA �f. e''rilu'�Frno
Director and State Geologist u Dee Freeman, Secretary
May 17, 2010
NOTICE OF DEFICIENCY
CERTIFIED MAIL-7008 0150 0000 7473 1911
CERTIFIED MAIL-7008 0150 0000 7473 1928
CERTIFIED MAIL-7008 0160 0000 7473 1935
RETURN RECEIPT REQUESTED
Joyce Gellar
P.O. Box 2482
Brevard, NC 28712
Forest Lake Estates POA
346 Forest Lake Road
Brevard, NC 28712
RE: Forest Lake Dam, State ID No. TRANS-084
Hazard Potential: High; Transylvania County
Dear Sir or Madam:
Arlene J. Faul
P.O. Box 2482
Brevard, NC 28712
The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of
public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to
persons, damage to downstream property, and to ensure the maintenance of stream flows.
A visual inspection of the referenced dam was conducted on April 13, 2010, by staff of the Land Quality
Section Asheville Regional Office. The following conditions were noted:
• The dam is impounding water, which was approximately 5 feet below normal pool elevation; also
no repair work has been done after obtaining an Approval to Repair' on May 19, 2004, from our
Director Jim Simons. The lake was to remain drained until an Approval to Impound letter is
received from the Raleigh Office.
If construction does not commence within one year after the Approval to Repair is issued; which was
May 19, 2004, the approval shall expire and a new application shall be submitted. The Approval to
Repair has expired and the permitting process must be restarted and another approval issued for
repairs on the dam.
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 1 Affirmative Action Employer Naturally
Notice of Deficiency
Forest Lake Dam
May 17, 2010
Page 2 of 2
These conditions appear serious and justify further engineering study to determine appropriate remedial
measures. In the event of a dam failure, human life and significant property would be endangered
because of the downstream location of a residence and state road down stream from the dam.
In order to ensure the safety of this dam, you are directed to drain the impoundment and 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 1, 2010.
In addition to the above, the following remedial actions, not requiring design or approval, should be
completed by May 31, 2010. These items include the following:
• Mow the front and down stream slopes of the dam.
• Remove small trees and bushes growing along the toe contact of the dam.
• Remove woody debris from the emergency spillway and ensure that the spillway stays
unobstructed.
• Keep the bottom drain inlet clear of debris and maintain the lake in a drained condition.
• Remove trees growing at the principal spillway barrel outlet.
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 1, 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.
incerely,
, �t&5 Boyer, PE
egional Engineer
cc: Steve McEvoy, PE, State Dam Safet Engin
G.;LQ\Transylvan ia\Dams1084 Forest Lake Dam1NOD 5-17-10.doc
NCDENR
North Carolina Department of Environment and Natu
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE
Director and State Geologist
May 14, 2010
NOTICE OF DEFICIENCY
CERTIFIED MAIL -7008 0150 0000 7473 2154
CERTIFIED MAIL -7008 0150 0000 7473 2161
RETURN RECEIPT REQUESTED
MAY 14 2010 Do
I Kesources
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
Beverly Eaves Perdue, Governor
__. Dee Freeman, Secretary
Wallace W Booth William Halbert
505 Fox Hollow Lane 1150 Puritan Avenue
Horse Shoe, NC 28742 Birmingham, MI 48009
RE: Pisgah Forest Farm Dam, State ID No. TRANS-050
Hazard Potential:. High; Transylvania County
Dear Mr. Booth and Mr. Halbert:
The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest
of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent
injuries to persons, damage to downstream property, and to ensure the maintenance of stream
flows.
A visual inspection of the referenced dam was conducted on March 30, 2010, by staff of the Land
Quality Section Asheville Regional Office. During this inspection, the following condition was
noted:
1. The outlet of the emergency spillway pipes exit onto the downstream slope of the dam.
This condition appears serious and justifies 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 Pisgah Forest Drive and Hart Road.
Storm water exiting out of the emergency spillway pipes onto the downstream slop of the dam
can cause erosion and possible slope failure.
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone 828-296-4500 . Fax 828-299-7043
www.ennstate.nc.us
An Equal Opportunity / Affirmative Action Employer
NorthCarolina
;Vatura!!#
Notice of Deficiency
Pisgah Forest Dam
May 14, 2010.
Page 2 of 2
In order to ensure the safety of this dam, you are directed to retain the services of a registered
professional engineer or an experienced engineering firm to make a study of the condition
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.
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,
�y
J Boyer, P
R gional Engineer
cc: Steve McEvoy, PE, State Dam Safety Engineer
G:ILQ1Transylvania\Dams1050 Pisgah Forest Farm Dam1NOD 5-14-10.doc
T.E. ALLEN ENGINEERING, P.C.
Post Office Box 103 fl
Rosman, North Carolina 28772
Phone (928) 877-4883 Finn # C-1997 Fax (828) 87-4893
June 10, 2010
S JECT�'--"Ag T UB '-'
Toxaway, Tr,,aisylvania County, North Carolina
Ms. Janet Boyer, PE
NCDENTR 1,and Quality
2090 US Hwy 70
Swannanoa, NTC 28778
DearMs. Boyer:
Please find the enclosed Scope -of -Work for the lzkc Toxawav Reservoir Lowering
Project. This pT(-)Jeet is to lower the lake level. 18-feet to allow repairs to docks and water
front structures, The lake is to be maintained at 18-feet below, nornial pout elevation for
the, period of November 1, 2010 through March 15. 2011. The dewatering will be
acconiplished by opening the existing bottom drain. The discharge will be monitored for
e%,iciciicet)fse(Iiiiientorincreased turbidity. Should there beevidence o(sedimentor
increased turbidity in the bottom drain discharge, the bottorn drain will be closed and the
take level will be lowered with siphon(s). A minimum discharge flow will be
maintained to prevent low flow impacts to the receiving watercourse.
The repairs to the docks and ,vater front structures will be addressed under separate
cover by the respective property- owners. Each property owner will be responsible for
obtaining the required .permits for their respective repairs.
If you have any questions or require any additional inforniation., please do not hesitate
to contact me at (828) 877-4883 or email tealieneng ij)citconi.net.
Sincerely,
Terry "llen, P.E.
Consulting Engineer
Enclosures
Copy Furnishw/ attachment:
Ms..Linda Wiggs
NCDENR Division of Water Quality
2090 US Hwy 70
Swannanoa,NC 28778
Ms. Tosha IL cCornAc
Asheville Regulatory Field Office
US Arrny Corps of Eng
,inters
151. Patton Ave, Room 208
Asheville, NC 28801-5006
K. Scott McCall.. Sr.
LakeToxav,,ay Operations Manager
16801 Rosman Phvy
P.O. Box 100
Lake'foxaway, N.C. 28747
DATA
Type: Earth Fill Embankment
Structural Height; 59.6 Feet
Length: 700 Feet (Approximate)
Top k1tidth: 25 Feet (Approximotc)
Upstream Slope: Unknown
Downstream Slope, 31-1: 1.OV (w/ two 10—foot wide benches)
Normal Pool Elevation: 3008.21
Normal Freeboard: 11.18 Feet
lvioximum Storage Capacity of Reservoir: 21,55D acre —fact
The Contractor shall maintain the lake level at 18—feet below normal
pool elevation for the period of NOV 1. 2010 t4ru MAR 15. 2011. The
dewoterling features shall be checked, maintained, and adjusted on a
regular basis and after each storm event.
'SEE NOTE 6.
�)0190sv "c"I'l
SUMMARY OF WORK — Lower Impoundment approximately 1.8—fact below normal
pool elevation. The rote of dewatering shall not exceed I—ft per day. Prior to
beginning the dewatering operation the existing bottom drain valve and siphon
val%v--s shot[ be tested fo, operability. The existing bottom drain shall be
activated first If the discharge from the bottom drain is not adequate to
overcome the base flow as necessary to dewater the impoundment, the existing
siphon shall be activated. If the combined flow from the bottom drain and the
exiating siphon is not sufficient to dewater the lake, additional tompWary PVC
siphons shall be added as required. A minimum discharge flow shall be
mcfatained at all times as required to prevent low flow impacts to the reccivinS
wotorcourse. See Sheets C-1 &- C-2 for additional requirements.
EARTHEN DAM
Stern & Handle for existing Bottom Drain
ter Level
Existing Vent Pipe Rise
Volvo
EXISTING BOTTOM DRAIN Temporary Inflotable Pipe PIL19--/
(Not to Sccle)
BOTTOM DRAIN PROCEDURE Existing Bottom Drain Valve
1. Install temporary pipe plug in the bottom drain conduit.. Located PROCEDURE (Continued)
plug 'in the conduit on downstream side of the bottom drain gate.
Exact location of pipe plug to be determined by the Contractor. 6- The di-schorgc shall be monitored to insure that no sediment is
discharged to the downstream watercourse. Where there is evidence
11 of sedimen�or increased turbidity in the disc
Install steel brace end inflate pipe plug in accordance with discharge water, the bottom
4 drain valve shoil be closed and delwaipring shall be accomplished by
monuflocturers written instructions. siphon(s)- Any sediment dischorged shall be removed by the
3, After the temporary pipe plug is installed, slowly open the bottom Contractor in accordance with MCDENR requirements.
drain valve. Count and record the number of tums of the valve
handle. Exercise and lubricate the valve and insure proper operation,
4. After the existing bottom drain valve has been made operational,
the valve shall be closed and the temporary pipe plug shall be
rer-noved- The Contractor is cautioned that the pipe plug will be
under extreme pressure and removal shall be performed in
accordance With the plug rnanufacturer's written instructions and
perfo,,-me-4 by experienced personnel. The pressure shall be slowly
relieved prior to remoAng the plug.
5. After the plug has been removed, the bottom drain valve shall be
slowly opened to allow the impoundment to begin draining. The rate
of dewatering shall not exceed 1—ft per day. A minimum discharge
flow shall be maintained at oil times as required to prevent low 'low
imports to the receiving watercourse. Sea Sheets C—I &- C-2 for
additional reauirements.
INFLATABLE PIPE PLUG
Manufacturer- Trelloborg Engineered Systems
iy;)c: OLS 500/120,0
ART No. 7660156
Pipe Diameter Range: 20— 48 inch
V.oxirnurn Inflation Pressure. 44 PSI
Weight, 114.6 tbs.
The pipe plug is available at the Lake Toxaway
Operations Manager's Office, POCC is Mr. Scott McColl
Manufacturer's Instructions available at
http; //wwvi.trelleborgqr.com/Documents/Pipeplugs.pdf
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-Mr�ior.
DAM DATA I
The Contractor shall maintain the lake level at 18-feet below normal
Type: Earth Fill EmbonVirnent pool elevation for the period of NOV 1. 2010 thru MAR 15, 2011. The
Structural Height: 59-6 Feet dewotering features shall be checked, maintained, and adjusted on a
Lencith: 700 Feet (Approximate) regular basis and after each storm event.
Top Width- 25 Feet (Approximate)
Upstream Slope: Unknown
Downstream Slope- 3H: I.OV (w/ two 10-fook wide benches)
Normal Pool Elevation- 3008.21 SIPHON SYSTEM. The Contractor is cautioned that the siphon volves
Normal Freeboard: 11.18 Feet may not have been exercised regLilorly. The existing volve(s) may be
Maximum Storage Capacity of Reservoir: 21,550 ocre-feet difficult to open ond/or 'impossible to close. The existing valves shall
1-!�
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be tested for operability prior to beginning the de -watering operation.
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Manhole w/ 16" shear gate valve and a 6" air vent
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priming tube & shear gate valve. (location
approximate)
Manhole w/ Flow Meter
(location approximate)
Water Level
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(_____Norma cel leve tIon )
Siphon Discharge eof EARTHIEN DAM
IDo +
-2
Er,d Volvo -
Existing Siphon Pipe ----'- Siphon Intake
-I
(locationalignment approximate)`
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T ABUTMENT OF DAM
C:
(Not to Scale)
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SIPHON PROCEDURE
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1- Slowly open and exercise the existing valves. Insure all existing
siphon valve are operational.
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2. Close existing valve on discharge end of siphon. Open the
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intermediate in -line siphon valves. Fully open the 6-inch air vent
valve and prime the siphon by filling the entire siphon pipe with
wGter. A portable pump --rill be required to accoi-riplish the siphor,
priming. Fill the siphon pipe up to its invert at Its highest point on
the crest of the dom. (This will occur on its own if the water level
in the take is above this invert elevation. if the water level in the
lake is below the highest invert of the siphon pipe and no water is
flowing in the siphon spillway, then water wall need to be pumped into
the siphon through the 6—inch priming tube.
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3. Close the 5—inch valve on the veAt pipe-. I
- Z6�,0-2010
i
4. Open the end volve at the downstream end of the siphon pipe_ �6-
Extreme care must to be exercised whenopening the valve as it 'Will
be under a great deal of pressure. This should only be performed by
C-4
k qualified personnel.
GENERAL NOTES (Continued):
9,0 DEWATERING PROCEDURE - Lower impoundment epproximately
18-foot below normal pool elevation. 'The rate of dewatering shall riot
exceed 1-ft per day, Prior 'Q Deqinninq the dewotering operation,
the existina bottom drain valve and siphon VCIVe5 shelf be tested for
operability. The existing bottom drain shall De activated first- If the
discharge from the bottom drain is not adequate to overcome the
base flow as necessary to dewoter the impoundment, the existing
siphon shall be octivoled. If trie cornbined flow from the bottom
drain and the existing siphon is not sufficient to dewater the lake,
additional temporary PVC siphons shall be added as required- A
minimum discharge flow shall be maintained at all times as required
to prevent low flow impacts to the receiving watercourse.
9.1 EXISTING BOTTOM DRAIN VALVE. The Contractor is cautioned
that this valve may not have been exerclseU regulurly. The existing
valve may be difficult to open and/or impossible to close. The
existing bottom( drain valve shall be tested for operob-ifily prior to
beg -inning the clewatering operation,
9.1-1 install temporary pipe plug in the bottom drain conduit. The
pipe plug is available at the Lake Toxa%.vcy Operations Manager's
Office, POC is W. Scott McCall. Located plug in the conduit on
downstream side of the bottom drain gate. Install steel brace and
inflate pipe plug in accordance with the manufacturer's written
instructions.
9.1.2 After the temporary pipe plug is installed, slowly opim the
"I bottom drain valve. Count and record the number of turns of the
valve handle. Exercise the valve and insure Proper operation.
9,1.3 OPTION 1. Should the vahv foil to fully opRn or to fully close,
the Contractor shall remove the existing valve and Install a new valve
of like model and type. This operation may require a diving
operation. The price for the valve replacement should be identified
cis a separate flne item entitled *OP-110N 11" on the Contractor's
propose].
9.1,4 After the existing bottom drain valve has been mode
operational, the valve shall be closed and tie temporary pipe plug
shrill be removed. The Contractor is cautioned that the pipe plug will
be under extreme pressure cnd removal -triall be performed in
accordance with the plug manufacturer's written instructions and
performed by experienced peraonnel. The pressure shall be slowly
relieved prior to removing the plug. After the plug has been
removed. the bottom drain valve shah be slowly opened 410 allow the
impoundment to begin draining. The rate of dewoferir;g shall not
exceed 1-ft per day.
9.1-5 The discharge s'�aii be mo-)'itored to insure that no sediment is
discharged to the, downstream watercourse. Where there is evidence
of sediment or increased turbidity in the discharge water, the bottom
drain valve shall be closed and dewatering shall be accomplished by
siphon(s). Any sediment discharged shall be removed by the
Contractor.
09.2 EXISTING SIPHON SYSTEA,4. The Contiraztor is -cautioned that the
siphon valves may not have been exerc:sed regul-,r'y. The existing
valvels' may tie difficult to open and/or impossibleIn close. The
existing valves she;] be tested for operability prior to beginning the
dewotering operation -
9.2.1 OPTION 2. Si-,ould the valve(s) fell to fully open or to fully
close, the Contractor shall rerrove the existing valve and install a
21
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new valve of like model and type. This operation should be
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performed in the dry after the Joke level has been lowered by the
opening the existing bottom drain valve as described in paragraph 9.
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The price for valve replacement should be identified as a separate
"OPTION the
A-7
line item entitled 2' on Coltractor'$ proposal,
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12
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,2.2 Test and exercise all siphon valves. Insure all valves ore fully
cDerotional- Close end valve completely.
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9.3 Open the interniledipte in -line siphon VGIV23, leaving the end
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valve closed. Fully open the 6-Anch air vent valve and prime the
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-
siphon by filling the entire siphon pipe with water. A portable pump
_j
will be required to accomplish the siphon priming. Fill the siphon
<
pipe up to its invert o! its Fignest point on the crest of the dom-
(This will occur on its own if the water level in the icke is above this
o
invert islevotion. 11 the water leve' in the lake is below the highest
invert of the siphon pipe and no water is flowing in the siphon
spillway, then water will need to be pumped into the siphon through
the 6-inch priming tube.
13,4 Close the 6-inch valve on the vent pipe,
9.5 Open the now end wive at the downstream end of the siphon
�7
pipe. Extreme care must to be exercised when opening the wive as
�
:t will de under a grew; deal of pressure. This should only be
performed by qualified personnel.
0
9-6 Repeat the above procedure as required to prime siphon and
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establish full sipho-) flow. Several iterations may be required.
CONDITION, FOR USE OF THIS PLAN - The existing --larn was designed
by others. By accepting this plan, you and any others to whom it is
distributec, agree to a strict limitation of liability for Terry T. Allen
PE. T.E. ALLEN ENGINEERING, F.C.. end its employees to an amount
riot to exceed the fee poia in hand.
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Q 7i a ti ft M "'W", rK1, I FTo 2 " It, 4111 , �Ij,
GENERAL NOTES:
1.0 The Lake Toxawoy Impoundment shall be lowered approximately 16
feet below normal pool elevation to facilitate maintenance of existing
docks and waterfront facilities. The rote of dewatering shall not
exceed 1-ft per day. A, minimum discharge flow shall be maintained
at oil time-, as required to prevent low flow impacts to the receiving
watercourse,
The Contractor shall maintain the take level at 18-feet below
normal pool elevation for the period of NOV 1, 2010 thru MAR15
2 _Q_11. The dewaterirg features shall be checked, moinl1ained, and
adjusted on a regutor basis and offer each storm event.
2,0 The work described herein is for lowering the Lake level only.
Repairs to the existing private docks and water front facilities shall
be addressed under separate cover by the respective property owners.
The dock repairs may require a "Certificate of Approvcl" from the
NCDENR Division of Land Resources, Land Quality Section; US Army
Corps of Engineers Section 404 -wetionds permit; and NCDENF Division
of Woter Duality Section 401 Wcter Ouality Permit, Sedimentation &.
Erosion Control Permit, and olhar permits deemed necessory by
authorities having jurisdiction over the projects. Each respective
property owner shall be. responsible for obtaining all required permits
for their repairs,
3,0 All work shall be in accordance with the latest edition of the
North Carolina State Building Code, OSHA Safety and Health
Requirements. NC Dam Safety 2K, Title -15A -of the North Carolina
Administrative Code, NC Sedir-nentation Pollution Control Act, and all
other applicable codes, ordinances, and regulations.
4.
0 The Contractor shall locate, flog, and protect oil existing utilities
prior to beginning work, The Contractor shall coordinate all work with
the Lake Toxaway Operations Manager (Mr. Scott Mccoo), 1161301
Rosman My, Lake Toxawoy, NC 28747,
5,0 The Contractor shall exercise care to preserve the natural
landscape and wotLrways and shall conduct the impoundment lowering
operations so as to prevent any unnecessary destruction, scaring, or
defacing of the natural surroundings in the vicinity of the work. All
unnecessary destruction, scarring, damage or defacing of the natural
landscape sFal- be corrected at the contractor's expense-
15.0 All construction materials and debris shall be removed from the
site upon completion of the protect cnd the area shcI1 be graded so
as that oil surfaces drain naturally, blend with the natural terrain,
and are left in a condition that facilitate sown ground covers and
natural rev.
7.0 The Contractor's activities shall be performed by methods thot
will prevent entrance, or accidental spillage, of so[ -id matter.
contaminants, debris, or other pollutants and wastes into streams,
flowing at dry veatercourses, Ickes or underground water sOurces.
8.0 EXISTING RESER\10IR DRAIN SYSTEM
8.1 BOTTOM DRAIN. The reservoir drain system consists of a drain
gate and conduit ex -.ending through the dam beneath the earthfill
embankment. Records show that the drain gate is a 48-inch
diameter slide gate rnaunted on c concrete heodwall. The gate is
operated from the top of the steel tower using a hand crank: to
op[Irote the pedestal lift and the rising stem. The steel Lower also
serves cs a s-jpport for the stem guides for the drain gate rising
stem and the air vent for providing air to the conduit during drain
gate operation. The air vent consists of c 4-`inch diameter ductile
iron pipe, with a 2 %-inch diameter section of pipe at the bottom
I .he, is attached to the opening in the top of the conduit. A marker
buoy is located between the reservoir drain gate and the upstream
slope of the dam,
8.1.1 BOTTOM DRAIN CONDUIT. The conduit consists of a 48-inch
diameter corrugated metal pipe {CAMP) with a 35.5-inch diameter High
Density Polye0y!ene (HDPE) liner. The HDPE liner has a 2-inch wall
thickness and the annular space between the liner pipe and the CMP
is graLuted with cementitious grout through grout ports, A 3-foot
long stoirless steel trcns,tion section is located at the upstream end
of the liner pipe, The transition section has a 48-inch flared end
!ocated 3-inches from the drain gate that reduces to 35.5-inches in
diornater approxi-notely 12-in-.he5 from the drain gate. The transition
section is anchored to the concrete headwall from the inside of the
conduit. Inspection records *M(flcole that there is seepage occurring
at the top of the transition section at the drain pate and at the
-faint between the Fner pipe and the tronsition section,
8.2 MINIMUM RELEASE SIPHON SYSTEM. A minimum release siphon
system exists in the right abutment of the dam, on the left side of
the spillway. Records indicate that the siphon consists of a 16-inch
ductile iron pipe that extends into the lake to a depth of 33-feet
below the normal pool elevation of the reservoir and is 5-foot off
the. bottom of the reservoir. The siphon distharge5 into the spillway
natural outlet channel approximately 300 feet clownstrearn of the end
all the !eft spillway well. A 115-inch diameter shear gate valve and a
6-Inch diameter air vent priming tube and shear gate volve are
located in a manhole in the abutment upstrearn of the flow motor.
The flow meter Is located in a manhole immediately downstream of
the priming tube/upstream valve manhole. The flow meter is an
electromagnetic type. A display unit with LED display powered by
electricity is mounted in a box on a post adjacent to the flow meter
manhole. The display unit appears to not be functional, The siphon
intake is located in o galvanized steel frame structure with trash
guard over the oper, end of the pipe. A 16-inch diameter shear
gate valve is located 8-feet from the outlet end of the siphon pipe..
The valve on the outlet eric of the siphon can be adjusted and the :Z0
flow meter display raa6 to odjust the flow from the siphon system I
(however, the flow meter display is not functional),
3-3 INSTRUMENTATION. Records indicate that there are four 14)
piezometers installed on the dam to monitor the phrentic water
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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
April 30, 2010
Lake Toxaway Homeowners Association
Attn: Jim Horman
Post Office Box 100
Lake Toxaway, North Carolina 28747
RE: Lake Toxaway (Lower) Dam
Transylvania County
State Dam ID: TRANS-024
Dear Mr. Horman:
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
This is to acknowledge receipt of your Emergency Action Plan (EAP) dated April 15, 2010 for
the subject dam. The EAP was received in our office on April 23, 2010.
We appreciate your efforts toward developing an EAP for the subject dam. An accurate EAP
will reduce the likelihood for loss of life should the dam fail. Your EAP will be reviewed by this
office along with other Dam Safety applications in the order received, except that repairs to
existing high hazard potential dams with known safety issues will be given priority.
Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway
70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone
number (919) 733-4574 should you have questions concerning this matter.
,e Sincerly
� � . � Po
Steven M. McEvoy, PE E C E 0 E
State Dam Safety Engineer
Land Quality Section 1
AY - 7 2010
SMM/whd ----�
LA
iEVILLE REGIONAL OFFICE
cc: Ms. Janet Boyer, PE, Land Quality Regional Engineer
Surface"Water Protection' R-egionai-supervisor� _ --.
Filename: TRANS-024 20100430 EAP RECT
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876
512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:hftp://www.dIr.enr.state.nc.us/pages/landqualitysection.html
B*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
April 19, 2010
Sherwood Forest Homeowner's Association
Attn: Mr. Tom Oosting
140 Grouse Lane
Brevard, North Carolina 28712
RE: Tarheel Dam
Transylvania County
State Dam ID: TRANS-042-I
Dear Mr. Oosting:
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
This is to acknowledge receipt of your "as -built" submittal and application for impoundment approval
dated April 13, 2010 for the subject dam. The submittal was received in our office on April 16, 2010.
Applications requiring an Approval to Impound require a comprehensive field inspection by our Regional
Office personnel. Upon completion of the requisite field inspection and finding by our field personnel
that the dam has been constructed in conformance with the approved plan and as reported in the as -built
submittal, out office will issue an Approval to Impound. If significant discrepancies are found to exist,
revisions may be required before Approval to Impound can be issued. In view of our current workload,
we anticipate that it will take no more than 30 days from date of receipt of the as -built submittal to issue
a response.
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,
State Dam Safety Engine '
Land Quality Section
SMWJCR
APR 2 3 2010
i -
hA ET R QUALITY g -'—'
�'[1iI�LFcGiONALCOTION c
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876
512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dIr.enr.state.nc.us/pages/landqualitysection.html
Mr. Tom Oosting
April 19, 2010
Page 2 of 2
cc: Mr. J. C. Bumgarner, PE, Design Engineer — Pinnacle Engineers, PC
Ms. Janet Boyer, PE, Land Quality Regional Engineer
Surface Water Protection Supervisor
File Name: TRANS-042 20100419 RECT Tarheel Dam — As -built repair
NCDENR JUN — 2 2010 I '
North Carolina Department of Environment and Natu al R sources
Division of Land Resources WATER QUALITY SECTION
Land Quality Section
James D. Simons, PG, PE
Director and State Geologist
Final Approval to Impound
May 21, 2010
Sherwood Forest Homeowners Association
C/o Mr. Tom Oosting
140 Grouse Lane
Brevard, North Carolina 28712
RE: Tarheel Lake Dam
Transylvania County
State Dam ID: TRANS-042
Dear Mr. Oosting:
ASHEVILLE REGIONAL OFFICE
•�,.�_�,Beverly�l�avEs`P,erdup,yG4vernor._.�F.�4-W �
---.._.D.ee.l=.•mp-mann ,Secretary �+
This concerns the subject dam recently repaired pursuant to issuance of a Certificate of Approval to
Repair dated July 29, 2009 as required by the Dam Safety Law of 1967. Record Drawings and the
engineer's certification were received on April 16, 2010. The dam was certified by Mr. J.C.
Bumgarner, PE.
An inspection of this dam was made by Land Quality Section staff of the Asheville Regional Office
on May 5, 2010. The dam was found to be in general conformance with the approved plans and
specifications, and you may impound water._
The Land Quality Section staff will make periodic inspections of this dam to assure that the dam is
being maintained in good operating condition. These inspections, however, will be relatively
infrequent. It is advised that you closely inspect and monitor your dam, and that you notify your
engineer and the Division of Land Resources if you see or suspect any problems concerning its
safety.
Sincerely, /
Steven M. McEvo , P
State Dam Safety E ineer
Land Quality Section
cc: Mr. J.C. Bumgarner, PE
Ms. Janet Boyer, PE
Surface Water Protection Regional Supervisor
File Name: TRANS-042 2010052] COFA Tarheel Lake Dam
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/land qual4section.html
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
July 28, 2010
Mr. Josh Leder rFAUG
E v �jj E
Dr. Samuel Leder '
East Fork Lake Properties, LLC '
4755 Technology Way, Suite 202. ®2 2��0
Boca Raton, Florida 33431-3338 ..J
RE: Lora Young Dam
Transylvania County -
TRANS-016
Dear Mr. & Dr. Leder:
This is to acknowledge receipt of your application dated July 22, 2010 for the breaching of the subject
dam. The application was received in our office on July 26, 2010. The minimum application -processing
fee of $200.00 as required by North Carolina Administrative Code, Title 15A, Subchapter 2K .0222 was
not received and is required before this office can process your application.
Once the minimum application -processing fee of $200 is received we will proceed with a review of your
application. In order for the application to retain its place in the order of reviews the above items must
be received within thirty days. Applications requiring an approval to breach a dam will be reviewed by
this office in the order they are received except that existing high hazard potential dams with known
safety issues will be given priority. We endeavor to respond to applications within 60 days of receipt of
the application.
Please contact Ms. Janet Boyer, PE, 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,
/Y�
Steven M. McEvoy, P .
State Dam Safety Engin
Land Quality Section
SMM/rdk
cc: Mr. T.E. Allen, PE, Design Engineer
Ms. Janet Boyer, PE, Land Quality Regional Engineer
Surface Water Protection Supervisor.
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 • lnternet:http://www.dir.enr.state.nc.us/pages/landqualitysection.html
.441114
Rd ENR
North Carolina Department of Environment and Natu
Division of Land Resources
James D. Simons, PG, PE
Director and State Geologist
Land Quality Section
June 3, 2010
NOTICE OF DEFICIENCY
CERTIFIED MAIL-7008 0150 0000 7473 2505
RETURN RECEIPT REQUESTED
Corporate Creations Network Inc.
15720 John J. Delaney Drive #300
Charlotte NC 28277
RE: Young Dam, State ID No. TRANS-016
Hazard Potential: High; Transylvania County
Dear Sir or Madam:
Flid
wE -- 4 2010
---��r I R6,,
WC ALITt7 Y SECTION
P,SHE-ViLLE REGIONAL OFFICE
�.... Beverly Eaves Perdpe, 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 March 30, 2010 by staff of the Land Quality
Section Asheville Regional Office. During this inspection, the following conditions were noted:
An emergency partial breach of the dam was performed during the week of April 26, 1999. The breach was
necessitated because of seepage, slope instability, and deterioration of the corrugated metal bottom drain
pipe.
Measurements indicate the partial breach is twelve -feet wide and thirteen -feet below the top of the dam in
original soil and weathered rock. This partial breach has lowered the normal pool elevation by about ten
feet. The volume of water impounded by the dam under normal conditions is estimated to be now thirty
percent of its original normal pool storage. However, the dam still impounds approximately forty-five acre-
feet of water under normal conditions. As long as this impoundment is more than ten -acre feet and the dam
is fifteen feet in height or classified as high hazard, the dam will remain under the State's jurisdiction. Since
failure of the dam could result in loss of life and significant property damage, it remains classified as high
hazard.
Seepage is present along the toe of the dam near the bottom drain outlet. We remain concerned about the
condition of the old rusted and misaligned corrugated metal pipe bottom drain. Unless an approved breach
plan is carried out, you must fill the old pipe with grout or remove it. Plans to accomplish this must be
developed by a licensed engineer and submitted to the State Dam Safety Engineer for approval.
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone 828-296-4500 Fax 828-299-7043
www.enr.state.nc.us NOne
orthCarolina
An Equal Opportunity / Affirmative Action Employer Aat rally
Ada
Notice of Deficiency
Young Dam, TRANS-016
June 3, 2010
Page 2 of 2
These conditions appear serious and justify further engineering study to determine appropriate remedial
measures. In the event of a dam failure, human life and significant property would be endangered because
of the downstream location of a residence and SR 1107 East Fork Road.
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 1,
2010.
In addition to the above, the following remedial actions, not requiring design or approval, should be
completed by July 1, 2010. These items include the following:
• The dam is to remain in its partially breached condition until a full breach plan has been approved by
the State Dam Safety Engineer. Inspect the partial breach area periodically and ensure that the
channel is not obstructed.
• Trees and bushes are growing on the dam again. Though this growth has been cut 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 1, 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,
�L
Ja et S. Boyer, PE
R gional Engineer
cc: Steve McEvoy, PE, State Dam Safety Engineer
-RzgewE—dwar ;s,5urface=Water-Protect�o:r<-,Regio—n-al�upervisor
G:1LQ1Transy1vania\Dams1016 Young DamINOD 6-03-10.doc
NCDENR
North Carolina Department of Environment
Division of Land Resou
Land Quality Section �
James D. Simons, PG, PE
Director and State Geologist
May 17, 2010
..,, 7 `��
MAY 18 aato
grad Nat ral Resources
rye WATER QUALITY SECTION
ASHEVILLE REC1'tnn1ai me „-
NOTICE OF DEFICIENCY
CERTIFIED MAIL-7008 0150 0000 7473 1843
RETURN RECEIPT REQUESTED
East Fork Lake Property LLC
6530 West Rogers Circle
Suite 31
Boca Raton, FL 33487 .
RE: Young Dam, State ID No. TRANS-016
Hazard Potential: High; Transylvania County
Dear Sir or Madam:
Dee Freeman"Se
The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public
health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons,
damage to downstream property, and to ensure the maintenance of stream flows.
A visual inspection of the referenced dam was conducted on March 30, 2010 by staff of the Land Quality
Section Asheville Regional Office. During this inspection, the following conditions were noted:
An emergency partial breach of the dam was performed during the week of April 26, 1999. The breach was
necessitated because of seepage, slope instability, and deterioration of the corrugated metal bottom drain
pipe.
Measurements indicate the partial breach is twelve -feet wide and thirteen -feet below the top of the dam in
.original soil and weathered rock. This partial breach has lowered the normal pool elevation by about ten
feet. The volume of water impounded by the dam under normal conditions is estimated to be now thirty
percent of its original normal pool storage. However, the dam still impounds approximately forty-five acre-
feet of water under normal conditions. As long as this impoundment is more than ten -acre feet and the dam
is fifteen feet in height or classified as high hazard, the dam will remain under the State's jurisdiction. Since
failure of the dam could result in loss of life and significant property damage, it remains classified as high
hazard.
Seepage is present along the toe of the dam near the bottom drain outlet. We remain concerned about the
condition of the old rusted and misaligned corrugated -metal pipe bottom drain. Unless an approved breach
plan is carried out, you must fill the old pipe with grout or remove it. Plans to accomplish this must be
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone 828-296-4500 Fax 828-299-7043 One
www.ennstate.nc.us NorthCarolina
An Equal Opportunity / Affifmative Action Employer Naturally
Notice of Deficiency
Young Dam, TRANS-Q16`.:. ._i.
May 17, 2010
Page 2 of 2
developed by a licensed engineer and submitted to the State Dam Safety Engineer for approval.
t -
These 8onditions 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 a residence and SR 1107 East Fork Road.
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 firmto 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 1,
2010.
In addition to the above, the following remedial actions, not requiring design or approval, should be
completed by July 1, 2010. These items include the following:
• The dam is to remain in its partially, breached condition until a full breach plan has been approved by
the State Dam Safety Engineer. Inspect the partial breach area periodically and ensure that the
channel is not obstructed.
• Trees and bushes are growing on the dam again. Though this growth has been cut 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 1, 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,
yegiona
.. BoyerPEl Engineer
cc: Steve McEvoy, PE, State Dam Safety Engineer
MUMEMENORM
G:\LQ\Transy1vania\Dams\016 Young Dam\NOD 5-17-10.doc
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
February 12, 2010
CERTIFIED MAIL
RETURN RECEIPT
Mr. Dwight E. Graber
P.O. Box 445
Center Hill, Florida 33514
Mr. Dwight Graber
P.O. Box 195
Lake Toxaway, North Carolina
28747
RE: Graber Dam
i ransylvania ;ourity
State Dam ID: TRANS-085
Dear Mr. Graber:
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
Mr. Dwight E. Graber,
Registered Agent
Balsam Grove LLC
P.O. Box 224
Balsam Grove, North Carolina
28708
This is to acknowledge receipt of your addendum dated February 10, 2010 for the repair of the subject
dam. The application was received in our office on February 12, 2010.
Addendums requiring an approval to repair a dam will be reviewed by this office in the order they are
received, except that existing high hazard potential dams with known safety problems will be prioritized.
We endeavor to respond to applications within 60 days of receipt of the application.
Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70,
Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone number (919)
733-4574 should you have any questions concerning this matter.
Sincerely,
Steven M. McEvoy, PE
State Dam Safety Enginee
Land Quality Section
SMM/JCR
ff }I
17w FEB 18 2010 �.
WATER CJ.ALITY SECTION
A iEVil LE Fi !ON, .L OFPICE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876
512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dlr.enr.state.nc.us/pages/landqualitysection.htmi
Mr. Dwight E. Graber
February 12, 2010
Page 2 of 2
cc: Mr. Terry E. Allen, PE, Design Engineer — T.E. Allen Engineering, P.C.
Ms. Janet Boyer, PE, Land Quality Regional Engineer
;Su'rfac&Water Protection Supervisor«,
File Name: TRANS-085 20100212 RECT Graber Lake - Addendum
A _ NCDENR
North Carolina Department of Environment and N
Division of Land Resources
James D. Simons, PG, PE
Director and State Geologist
Certificate of Approval
May 25, 2010
CERTIFIED MAIL
RETURN RECEIPT
Mr. Dwight Graber
Balsam Grove, LLC
P.O. Box 445
Center Hill, Florida 33514
RE: Approval to Repair (Alternate # 1)
Graber Dam
Transylvania County
State ID: TRANS-085-H
Dear Mr. Graber-7
This is in response to your submission dated May 10, 2010 revised May 19, 2010, received on
May 14, 2010 with revision received on May 24, 2010 of plans, specifications and design data
for repair of the subject dam in compliance with the Dam Safety Law of 1967. This dam is of
high hazard classification. The plans, specifications and design data submitted were prepared
under the supervision of Mr. Terry E. Allen, PE.
This letter constitutes approval of the proposal to repair the subject dam according to the plans
and specifications received by this Division on May 14, 2019 and revision on May 24, 2010 with
the following stipulations:
1. Project construction shall be supervised by Mr. Terry E. Allen, PE. Mr. Terry E. Allen,
PE shall be responsible for field observation of construction as necessary to ensure
compliance with approved plans.
2. During construction, the Division of Land Resources may require such progress reports
as are deemed necessary, including quality control testing results.
3. In accordance with GS.143-215.29 and NCAC 15A-2K .0203, .0215, and .0212, within
30 days of completion of the project, Mr. Terry E. Allen, PE shall inspect the completed
work and upon finding that the work has been done as specified and the dam is safe, shall
file with the Division of Land Resources two sets of record drawings and a certificate
Geological Survey - Land Quality • Geodetic Survey
Division of Land Resources - 1612 Mail Service Center, Raleigh, North Carolina 27699-1612
512 North Salisbury Street, Raleigh, North Carolina 27604
Telephone 919-733-3833 / FAX: 919-715-8801 • Internet: hftp://www.dIr.enr.state.nc.us/index.htmI
Mr. Dwight Graber
Graber Dam, Certificate of Approval (Alt. #1)
May 25, 2010
Page 2 of 2
stating that the work has been completed in accordance with approved plans,
specifications and other requirements.
4. No water shall be impounded behind the dam until final approval is issued by the
Division of Land Resources for operation of this dam. Also, draining of the lake shall be
performed in such a manner as to preclude off -site sedimentation.
5. An emergency action plan (EAP) and an operation and maintenance (O&M) plan are
required for all high hazard dams. The O&M plan should address routine maintenance,
frequency of piezometer readings, frequency of inspections by the owner or the owner's
representative, and annual operation of the bottom drain to ensure that it is functional. It
is strongly recommended that the EAP be submitted prior to commencing repairs to deal
with problems that may arise during construction. Nevertheless, both the EAP and O&M
plan must be received prior to issuance of an approval to impound.
6. You must notify Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S.
Highway 70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500 ten
days before the start of construction.
The Army Corps of Engineers and the Water Quality Section of this Department should be
contacted to determine if additional permits are required. Also, the erosion and sediment control
program having jurisdiction should be contacted to determine permit requirements. In any case,
sediment must be prevented from entering the waters of the state or flowing onto neighboring
property.
Construction of the repairs must begin within one year of the date of this letter or this approval is
void. For assistance you may contact the Asheville Regional Office at (828) 296-4500 or a staff
member of the Dam Safety Program in the Raleigh Central Office at telephone number (919)
733-4574.
Sincerely,
James D. Simons, PG, PE
Director and State Geologist
JDS/smm
cc: Mr. Terry E. Allen, PE, Design Engineer
Ms. Janet Boyer, PE, Land Quality Regional Engineer
Surface'.Water Protedion-Supervisor-
File Name: TRANS-085 20090525 COAR-A1_Graber Dam
NCDENR
North Carolina Department of Environment and Natu
Division of Land Resources ;
Land Quality Section
James D. Simons, PG, PE
Director and State Geologist
March 22, 2010
Mr. Peter A. R. Findlay
28 Canterbury Trace
Brevard, North Carolina 28712-9517
RE: Deer Lake Dam
Transylvania County
State Dam ID: TRANS-007
Dear Mr. Findlay:
411� Nf taR 2. 9 2010
ral Resources
tniaTER CI!jA.!-rrr
-„ OFFI_CE
Beverly Eaves Perdue, Governor:.:~'
---Deb Freeman, Secretary
This is to acknowledge receipt of your Emergency Action Plan (EAP) dated March 16, 2010 for the
subject dam. The EAP was received in our office on March 22, 2010. .
Emergency Action Plans Applications will be reviewed by this office in the order they are received,
except that existing high hazard potential dams with known safety problems will be prioritized. We
endeavor to respond to applications within 60 days of receipt of the application.
Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway 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,
LS"teven M. McEvoy, PE
State Dam Safety Enginee
Land Quality Section
SMTvVJCR
cc: Ms. Janet Boyer, PE, Land Quality Regional Engineer
Sur -face Water Protection. Supervisor: —'
File Name: TRANS-007 2.0100322 RECT EAP Deer Lake Dam MAN 2 6 2010
;419hevtid
1612 Mail Service Center, Raleigh, North Carolina 27699-161,2 • Telephone 919-733-4574 / FAX: 919-733-2876
512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet hftp://www.dlr.enr.state.nc.us/pages/landqualitysection.html
LTI-NaMA
NCDENR
North Carolina Department of Environment and
Division of Land Resource:
Land Quality Section
James D. Simons, PG, PE
Director and State Geologist
September 15, 2009
Mr. Peter A. R. Findlay
28 Canterbury Trace
Brevard, North Carolina 28712-9517
RE: Deer Park Dam
Transylvania County
State Dam ID: TRANS-007
Dear Mr. Findlay:
• s,a :.eraat�'?�.ftL}�:t':L:..`.,H.r';'f'. 143:' .% .,,.,,_ `—.'�,
{DECED�C�
t
SEP 18 2009
Naiu'r Re ources
F
F
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
s•--Be�►erly �aves'�'ertlu�;`Ga��i'rib�'"
D'e�"F7eeman;•Secreta 'sP
This is to acknowledge receipt of your Emergency Action Plan (EAP) dated June 1, 2009 for the
subject dam. The EAP was received in our office on September 14, 2009.
Emergency Action Plans Applications will be reviewed by this office in the order they are
received, except that existing high hazard potential dams with known safety problems will be
prioritized. We endeavor to respond to applications within 60 days of receipt of the application.
Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway
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,
141'
l
Steven M. McEvo ,
State Dam Safety Engineer
Land Quality Section
SMM/JCR
cc: Ms. Janet Boyer, PE, Land Quality Regional Engineer
urface��Nater Protectio�i�t�iup� � � �o .'
File Name: TRANS-007 20090915 RECT EAP Deer Park Dam
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/pagesAandqualitysection.htmI
A N 5WA
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
September 9, 2009
Ms. Merrilee Pope
24 Skye Drive
Pisgah Forest, North Carolina 28768
RE: Exemption Request
Glenn Cannon — Pope Dam (Proposed)
Transylvania County
Dear Ms. Pope:
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
I D il -CLOY - T
Fr
i fl
P
SEP 14 2009
Ir.ATER G2UP,LITY SECTIONy
-Cl9NIAL OFFICE
Thank you for the opportunity to review the information regarding the referenced dam. The
information from Mr. Jeffrey T. Brown, PE was received in our office on September 2, 2009.
-Land Quality.Section personnel from the Asheville Regional Office conducted an inspection of
the dam site and downstream areas on June 24, 2009 to assess the proposed low hazard
classification. Based on our review of the information provided and the above -referenced site
inspection, our office concurs that a low hazard classification is presently warranted -based on the
current development downstream from the dam. Because: this; and the fact that the dam is
proposed to be constructed less than 15 feet in height, it will be exempt from the requirements of
the Dam Safety Law of 1967, as amended.
However, the following comments are offered:
1. Our office encourages the owner of any proposed dam to construct his or her dam to the
same standards as if it were under the jurisdiction of the Dam Safety Law of 1967.
2. If the dam is constructed such that it is 15 feet in height or greater as measured from the
highest point on the crest of the dam to the lowest point on the downstream toe and will
impound 10 acre-feet or more at the highest point on the crest of the dam, the dam will not
be exempt, and engineering certification, and record drawings and specifications will be
required along with application processing fees.
3. If future downstream development occurs which may be impacted by a failure of the dam,
then the hazard classification would need to be reassessed and may change from low to
either intermediate or high hazard classification. Please note that in accordance with
General Statute 143-215.25A(a)(6), dams which are determined to be high hazard are
1612 Mail Service Center, Raleigh, North Carolina27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876
512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dIr.enr.state.nc.us/pages/landquality§ection.htmI
Ms. Merrilee Pope
September 9, 2009
Page 2 of 3
subject to the provisions of the Dam Safety Law of 1967 regardless of height or
impoundment capacity.
The Army Corps of Engineers and the Water Quality Section of this Department should be
contacted to determine if additional permits are required. Also, the erosion and sediment control
program having jurisdiction should be contacted to determine permit requirements. In any case,
sediment must be prevented from entering the waters of the state or flowing onto neighboring
property.
Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway
70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone
number (919) 733-4574 should you have questions concerning this matter.
Sincerely, &"-
�yf
g
William H. Denton, IV, EIT
Assistant Dam Safety Engineer
Land Quality Section
cc: Mr. Jeffrey T. Brown, PE, Design Engineer
Mr. Frank Kuhn
Ms. Janet,Boyer, PE; Land Quality Regional Engineer
rs faoe � Fter Iotet�o
RCDENR
North Carolina Department of Environment and Natural
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE
Director and State Geologist
August 11, 2008
Mr. Dwight E. Graber
Post Office Box 195
Lake Toxaway, North Carolina 28747
RE: Graber Dam
Transylvania County
TRANS-085
Dear Mr. Graber:
Resources
Michael F. Easley, Governor
William G. Ross Jr., Secretary
AUG 18 2008
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
This is to acknowledge receipt of your application dated July 17, 2008 for the subject dam. The
application was received in our office on July 28, 2008.
This dam was constructed in 2006 without.a Dam Safety Permit and therefore the Division of
Land Resources did not receive the application processing fee required for new constructs. I am
enclosing a copy of an Owner's Certification Form and an explanation of the application
processing fee calculation. Please complete and return immediately the Owner's Certification
Form that includes the actual cost of the initial construction and forward a check for the required
application processing fee made payable to NCDENR. An additional fee based on the cost of
construction for the proposed modifications will be required when these modifications are
completed. All fees must be paid before an approval to impound can be processed.
Additional information or material is also requested from your Engineer, Mr. Terry E. Allen, PE
before this office can process your application. These items are as follows:
1. A sealed cover page for the bound specifications (2 copies).
2. A project narrative that gives a.brief history of this project that includes a discussion of
the problems with this dam and the design of the proposed fixes.
An additional copy of the Hydrology & Engineering Calculations.
Once these items are received your application will be scheduled for review. In order for the
application to retain its place in the order of reviews the above items must be received within
thirty days. Applications requiring an approval to modify a dam will be reviewed by this office
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876
512 North Salisbury Street, Raleigh, North Carolina, 27604
Mr. Graber
August 11, 2008
Page 2 of 2
in the order they are received except that existing high hazard potential dams will be prioritized.
We endeavor to respond to applications within 60 days of receipt of the application. .
Please contact Ms. Janet Boyer, PE, Regional Engineer at telephone number (828) 296-4500 or a
member of the Central Office Dam Safety staff at 919-733-4574 should you have any questions
concerning this matter.
Sincerely,
W. Hubert Hawkins, PE
Acting State Dam Safety Engineer
WHH/
Enclosures
cc: Mr. Terry E. Allen, PE
,MrRoger--E.dwarda; Sur -face -Water Protection-Regional_S.upervisorZ_=
Ms. Janet Boyer, PE, Land Quality Section Regional Engineer
PPPPF'P'
NCDENDEN
R
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PG, PE
Director and State Geologist
Certificate of Approval,
May 6, 2009
CERTIFIED MAIL
RETURN RECEIPT
Mr. Dwight Graber
Balsam Grove, LLC
P.O. Box 445
Center Hill, Florida 33514
RE: Approval to Repair
Graber Dam
Transylvania County
State ID: TRANS-085-H
Dear Mr. Graber:
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
MAY 13 2009
WATER QUALITY SECTION
ASF EVILLE RE&ONAL OFFICE
This is in response to your submission dated February 12, 2009 and March 2, 2009, received on
March 9, 2009 of plans, specifications and design data for repair of the subject dam in
compliance with the Dam Safety Law of 1967. This dam is of high hazard classification. The
plans, specifications and design data submitted were prepared under the supervision of Mr. Terry
E. Allen, PE.
This letter constitutes approval of the proposal to repair the subject dam according to the plans
and specifications received by this Division on March 9, 2009 with the following stipulations:
1. Project construction shall be supervised by Mr. Terry E. Allen, PE. Mr. Terry E. Allen,
PE shall be responsible for field observation of construction as necessary to ensure
compliance with approved plans.
2. During construction, the Division of Land Resources may require such progress reports
, as are deemed necessary, including quality control testing results.
3. Reference Detail 2, Sheet C-2: A vertical, reinforced concrete cutoff not less than 18
inches in depth with width of not less than 12 inches shall be provided at the entrance and
exit of the proposed concrete chute emergency spillway spanning the entire width of the
spillway at these points. Provide detail in the as -built submittal.
Geological Survey • Land Quality • Geodetic Survey
Division of Land Resources - 1612 Mail Service Center, Raleigh, North Carolina 27699-1612
512 North Salisbury Street,: Raleigh, North Carolina 27604
Telephone 919-733-3833 [FAX 919-715-8801 • Internet: http://www.dir.enr.state.nc.us/index.html
Mr. DwigPPPP ht Graber
Graber Dam, Certificate of Approval
May 6, 2009
Page 2 of 3
4. It is assumed in Section 12.0 of the specifications that moisture density relation of the soil
materials will be determined in accordance with ASTM D 698 (Standard Proctor) as
stated in Section 12.1 rather than ASTM 1557 (Modified Proctor) as stated in 12.3.
Please clarify in the as -built submittal.
5. In accordance with GS 143-215.29 and NCAC 15A-2K .0203, .0215, and .0212, within
30 days of completion of the project, Mr. Terry E. Allen, PE shall inspect the completed
work and upon finding that the work has been done as specified and the dam is safe, shall
file with the Division of Land Resources two sets of record drawings and a certificate
stating that the work has been completed in accordance with approved plans,
specifications and other requirements.
6. No water shall be impounded behind the -dam until final approval is issued by the
Division of Land Resources for operation of this dam. Also, draining of the lake shall be
performed in such a manner as to preclude off -site sedimentation.
7. An emergency action plan (EAP) and an operation and maintenance (O&M) plan are
required for all high hazard dams. The O&M plan should address routine maintenance,
frequency of piezometer readings, frequency of inspections by the owner or the owner's
representative, and annual operation of the bottom drain to ensure that it is functional. It
is strongly recommended that the EAP be submitted prior to commencing repairs to deal
with problems that may arise during construction. Nevertheless, both the EAP and O&M
plan must be received prior to issuance of an approval to impound.
8. You must notify Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S.
Highway 70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500 ten
days before the start of construction.
The Army Corps of Engineers and the Water Quality Section of this Department should be
contacted to determine if additional permits are required. Also, the erosion and sediment control
program having jurisdiction should be contacted to determine permit requirements. In any case,
sediment must be prevented from entering the waters of the state or flowing onto neighboring
property.
Construction of the repairs must begin within one year of the date of this letter or this approval is
void. For assistance you may contact the Asheville Regional Office at (828) 296-4500 or a staff
member of the Dam Safety Program in the Raleigh Central Office at telephone number (919)
733-4574.
. Sincerely,
ames D. Simons, PG, PE
Director and State Geologist
JDS/smm
PPPP Mr. Dwight Graber
Graber Dam, Certificate of Approval
May 6, 2009
Page 3 of 3
cc: Mr. Terry E. Allen, PE, Design Engineer
Ms. Janet Boyer, PE; Land Quality Regional Engineer
S rface:� a"ier Prot c't�io:K upeiN, &qA
File Name: TRANS-028 20090506 COAR Graber Dam
NCDENR
North Carolina Department of Environment and
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE
Director and State Geologist
March 17, 2009
Mr. Dwight Graber
P.O. Box 195
Lake Toxaway, North Carolina 28747
RE: Graber Dam
Transylvania County
State Dam ID: TRANS-085
Dear Mr. Graber:
3'JI„ j�(31-11A-3 6v
N010-:3S ),invnzD a?1'd i
7600Z
0 Z2Resaur_ces -
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
This is to acknowledge receipt of your revised application dated February 12, 2009 and
`Hydrology & Engineering Calculations — Supplemental Data,' dated March 2, 2009 for the
repair of the subject dam. The application was received in our office on March 9, 2009.
Applications requiring an approval to repair a dam will be reviewed by this office in the order
they are received, except that existing high hazard potential dams with known safety problems
will be' prioritized. We endeavor to respond. to applications within 60 days of receipt of the
application.
Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway
70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone
number (919) 733-4574 should you have any questions concerning this matter.
Sincerely,
Steven M. McEvoy, P
State Dam Safety EngiLe
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.dir.enr.state.nc.us/pages/landqualitysection.htm]
Mr. Dwight Graber
March 17, 2009
Page 2 of 2
cc: Mr. Terry E. Allen, PE, Design Engineer
Ms. Janet Boyer, PE, Land Quality Regional Engineer
-c"ea fir tec<tFc�� ^ isWE
File Naine: TRANS-085 20090317 RECT—Graber—modify—resubmit
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 14, 2009
Mr. C.W. Pickelsimer, Jr.
President
Cascade Power Company
P.O. Box 1136
Brevard, North Carolina 28712
RE: Cascade Lake Dam
Transylvania County
State Dam ID: TRANS-003
Dear Mr. Pickelsimer:
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary_-
i lid AY 21 2009 1"
f
VVATEF' C _ ALITY SEC .0N
c FiCF
This is to acknowledge receipt of your Emergency Action Plan (EAP) dated December 10, 2008
for the subject dam. The EAP was received in our office on May 21, 2009.
Emergency Action Plans Applications will be reviewed by this office in the order they are
received, except that existing high hazard potential dams with known safety problems will be
prioritized. We endeavor to respond to applications within 60 days of receipt of the application.
Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway
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, PE
State Dam Safety Engineer
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.d]r.enr.state.nc.us/pages/landqualitysection.htmi
Mr. C.W. Pickelsimer, Jr.
May 14, 2009
Page 2 of 2
cc: Ms. Janet Boyers PE Land Quality Regional Engineer
Surface -Water -Protections U""1 iso
File Name: TRANS-003 20090514 RECT EAP Cascade Lake Dam
NCDENR
North Carolina Department of Environment and Natural
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE
Director and State Geologist
February 16, 2009
Sherwood Forest HOA
Mr. Robert Anson, Board President
194 Cardinal Road
Brevard, North Carolina 28712
RE: Tarheel Lake Dam
Transylvania County
State Dam ID: TRANS-042-I
Dear Mr. Anson:
EC
�.--___..._._...'
,i:
��. FEB 2 0 2009
Resources----
Vti'F�; �I=i _.J.-.LITY SECTICti'
Beverly.Eaves Perdue, Governor
Dee Freeman, Secretary
This is to acknowledge receipt of your application dated January 23, 2009 for the repair of the
subject dam. The application was received in our office on January 28, 2009.
Applications requiring an approval to repair a dam will be reviewed by this office in the order
they are received, except that existing high hazard potential dams with known safety problems
will be prioritized. We endeavor to respond to applications within 60 days of receipt of the
application.
Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway
70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone
number (919) 733-4574 should you have any questions concerning this matter.
Sincerely,
Steven M. McE oy, F
State Dam Safet ineer
Land Quality Section
9 i(lilG
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.dIr.enr.state.nc.us/pages/landqualitysection.htmI
An Equal Opportunity / Affirmative Action Employer — 50% Recycled / 10% Post Consumer Paper
Fr. Robert Anson — Sherwood Forest HOA
February 16, 2009
Page 2 of 2
cc: Mr. J.C. Bumgarner, PE, Design Engineer
Ms. Janet Boyer, PE, Land Quality Regional Engineer
urfa Sce Water-zProtect omSupervisor,
File name: TRANS-042-I 20090216 RECT Tarheel Lake Dam
A 11i;W
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 14, 2009
Sherwood Forest HOA
Mr. Robert Anson, Board President
194 Cardinal Road
Brevard, North Carolina 28712
RE: Tarheel Lake Dam
Transylvania County
State Dam ED: TRANS-042-I
Dear Mr. Anson:
Beverly Eaves Perdue, Governor
.Dee. Freeman;.Secretary---
E D
[� V
F
1 2009 i
LITY SECTION
GIONAL OFFICE
This is to acknowledge receipt of your revised application dated May 5, 2009 for the repair of the
subject dam. The application was received in our office on May 7, 2009.
Applications requiring an approval to repair a dam will be reviewed by this office in the order
they are received, except that existing high hazard potential dams with known safety problems
will be prioritized. We endeavor to respond to applications within 60 days of receipt of the
application.
Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway
70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone
number (919) 733-4574 should you have any questions concerning this matter.
Sincerely,
Steven M. McEvoy, PE .
State Dam Safety Engineer
Land Quality Section
SMMIJCR
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876
512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dIr.enr.state.nc.us/pages/landqua]itysection.htmI
Mr. Robert Anson
May 14, 2009
Page 2 of 2
cc: Mr. J.C. Bumgarner, PE, Design Engineer — Pinnacle Engineers PC
Ms. Janet Boyer, PE, Land Quality Regional Engineer
FSurface WaterProtectionSupez so
File Name: TRANS-042 20090514 RECT Tarheel Dam — repair resub.
A'
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
May 26, 2009
NOTICE OF DEFICIENCY
CERTIFIED MAIL-7008 0150 000 7473 9283
CERTIFIED MAIL-7008 0150 000 7473 9290
RETURN RECEIPT REQUESTED
Joyce Gellar Arlene J. Faul
P.O. Box 2482 P.O. Box 2482
Brevard, NC 28712 Brevard, NC 28712
RE: Forest Lake Dam, State ID No. TRANS-084
Hazard Potential: High; Transylvania County
Dear Ms. Gellar & Ms. Faul:
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
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 April 23, 2009, by staff of the Land Quality
Section Asheville Regional Office. A Notice of Deficiency was issued on February 8, 2008, with the
compliance deadline of April 15, 2008. The following conditions were noted:
• The dam is impounding water, which was approximately 3 feet below normal pool elevation; also no
repair work has been done after obtaining an Approval to Repair on May 19, 2004, from our Director
Jim Simons. The lake was to remain drained until an Approval to Impound letter is received from the
Raleigh Office.
If construction does not commence within one year after the Approval to Repair is issued; which was May
19, 2004, the approval shall expire and a new application shall be submitted. The Approval to Repair has
expired and the permitting process must be restarted and another approval issued for repairs on the dam.
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 a residence and state road down stream from the dam.
In order to ensure the safety of this dam, you are directed to drain the impoundment and retain the services
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone 828-296-4500 Fax 828-299-7043 One
www.ennstate.nc.us NO hCarolina
An Equal Opportunity / Affirmative Action Employer Natura!!rf
Notice of Deficiency
Forest Lake Dam
May 26, 2009 --
Page 2of2
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 31, 2009.
In addition to the above, the following remedial actions, not requiring design or approval, should be
completed by July 31, 2009. These items include the following:
• Mow the front and down stream slopes of the dam.
• Remove small trees and bushes growing along the toe contact of the dam.
• ;Remove woogy debris from the emergency spillway and ensure that the spillway stays unobstructed.
• Keep the bottom drain inlet clear of debris and maintain the lake in a drained condition.
• Remove trees growing at the principle spillway barrel outlet.
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 *updated* 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.
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 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,
nYet S. Boye P�
egional Engineer
cc: Sieve McEvoy, PE, State Dam Safety Engineer
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves:'Perdue; Govdmoi
Director and State Geologist wee Freern -S creia
LE
May 22, 2009
NOTICE OF DEFICIENCY ` MAY 2 6 2000
ti
QUALITY SECTION
WATER
ASHE�!it-NAL OFFICE
CERTIFIED MAIL-7008 0150 0000.7473 9214
CERTIFIED MAIL-7008 0150 0000 7473 9207
RETURN RECEIPT REQUESTEDs,"
Wallace W Booth William Halbert
505 Fox Hollow Lane 1150 Puritan Avenue
Horse Shoe, NC 28742 Birmingham, MI 48009
RE: Pisgah Forest Farm Dam, State ID No. TRANS-050
Hazard Potential: High; Transylvania County
Dear Mr. Booth & Halbert:
The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest
of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent
injuries to persons, damage to downstream property, and to ensure the maintenance of stream
flows.
A visual inspection of the referenced dam was conducted on April 15, 2009, by staff of the Land
Quality Section Asheville Regional Office. During this inspection, the following condition was
noted:
1. The outlet of the emergency spillway pipes exit onto the downstream slope of the dam.
This condition appears serious and justifies 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 Pisgah Forest Drive and Hart Road.
Storm water exiting out of the emergency spillway pipes onto the downstream slop of the dam
can cause erosion and possible slope failure.
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone 828-296-4500 Fax 828-299-7043 One
www.enr.state.nc.us Npf Carolina
An Equal Opportunity / Affirmative Action Employer Naturally
Notice of Deficiency
Pisgah Forest Dam
May 22, 2009
Page 2 of 2
In order to ensure the safety of this dam, you are directed to retain the services of a registered
professional engineer or an experienced engineering firm to make a study of the condition
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, 2009.
In addition to the above, the following remedial actions, not requiring design or approval, should
be completed by July 30, 2009. These items include the following:
1. Provide and maintain a permanent grass ground cover on downstream slope of the dam.
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, 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,
J et S. Boyer, PE
R gional Engineer
R ,
'i �1��. ,ty a .� 4.1, ""a `}u� ". i1'�JE�.'C'u�.i' ".�1. .tl��'• pi 6'�,.+y�V�, h.�L}
o, .:_ii.!1'Uril? S'li7L i''I:;gah F..:irr-, Ljamn 1\10D Oa 21 09.doc
�WA
NCDENR
North Carolina Department of Environment and- Natural Resources
Division of Land Resources
James D. Simons, PG, PE
Director and State Geologist
Certificate of Approval
July 29, 2009
CERTIFIED MAIL
RETURN RECEIPT
Sherwood Forest Homeowner's Association
Attn: Mr. Tom Oosting
140 Grouse Lane
Brevard, North Carolina 28712
RE: Approval to Repair
Tarheel Dam
Transylvania County
State ID: TRANS-042 (Intermediate)
Dear Mr. Oosting:
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
AUG - 3 1009 '
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
This is in response to your submission dated May 5, 2009 revised July 20, 2009, received May 7,
2009 and July 23, 2009 (revision) of plans, specifications and design data for repair of the
subject dam in compliance with the Dam Safety Law of 1967. This dam is of intermediate
hazard classification. The plans, specifications and design data submitted were prepared under
the supervision of Mr. J.C. Bumgamer, PE.
This letter constitutes approval of the proposal to repair the subject dam according to the plans
and specifications received by this Division on May 7, 2009 and July 23, 2009 (revision) with
the following stipulations:
1. Project construction shall be supervised by Mr. J.C. Bumgarner, PE. Mr. J.C.
Bumgarner, PE shall be responsible for field observation of construction as necessary to
ensure compliance with approved plans.
2. During construction, the Division of Land Resources may require such progress reports
as are deemed necessary.
3. In accordance with GS 143-215.29 and NCAC 15A 2K .0203, .0215, and .0212, within
30 days of completion of the project, Mr. J.C. Bumgarner, PE shall inspect the completed
work and upon finding that the work has been done as specified and the dam is safe, shall
Geological Survey • Land Quality • Geodetic Survey
Division of Land Resources • 1612 Mail Service Center, Raleigh, North Carolina 27699-1612
512 North Salisbury Street, Raleigh, North Carolina 27604
Telephone 919-733-3833 / FAX: 919-715-8801 • Internet: http://www.dlr.enr.state.nc.us/index.html
Mr. Tom Oosting
Tarheel Dam
July 29, 2009
Page 2 of 2
file with the Division of Land Resources two sets of record drawings and a certificate
stating that the work has been completed in accordance with approved plans,
specifications and other requirements.
4. No water shall be impounded behind the dam until final approval is issued by the
Division of Land Resources for operation of this dam. Also, draining of the lake shall be
performed in such a manner as to preclude off -site sedimentation.
5. You must notify Ms. Janet Boyer, PE, Regional Engineer, Land Quality Section, 2090
U.S. Highway 70, Swannanoa, North Carolina 28778, telephone number (82.8) 296-4500
ten days before the start of construction.
The Army Corps of Engineers and the Water Quality Section of this Department should be
contacted to determine if additional permits are required. Also, the erosion and sediment control
program having jurisdiction should be contacted to determine permit requirements. In any case,
sediment must be prevented from entering the waters of the state or flowing onto neighboring
property.
Construction of the repairs must begin within one year of the date of this letter or this approval is
void. For assistance you may contact the Asheville Regional Office at (828) 296-4500 or a staff
member of the Dam Safety Program in the Raleigh Central Office at telephone number (919)
733-4574.
Sincerely,
Janw D. Simons, PG, PE
Director and State Geologist
JDS/smm
cc: Mr. J.C. Bumgarner, PE, Design Engineer
Ms. Janet Boyer, PE, Land Quality Regional Engineer
Surface Water Protection Supervisor
File name: TRANS-042 20090729 COAR Tarheel Dam
�rl 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
February 6, 2009
Mr. John F. Garner, PE
S&ME Inc. .
44 Buck Shoals Road, Unit C3
Arden, North Carolina 28730
RE: Line Runner Ridge Dam
Transylvania County
State Dam ID: TRANS-015
Dear Mr. Garner:
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
�I
JI 'i I FEB 18 2009
WATER QUALITY SECTION
PSHEVILLE REGIONAL OFFICE
A review has been made of the plans, specifications and design data submitted under cover letter
dated October 29, 2008 and received in this office on October 3.1, 2008 for the repair of the
referenced dam. Prior to issuance of an approval to repair, additional information or revision is
requested for the following items:
Design Report:
BACKGROUND
1. In the first paragraph the dam height is shown to be 37 feet. Since this exceeds 35 feet, the
dam size will be medium. The hazard classification is still to be determined. Because of
the downstream houses, a breach routing will be required to make this determination.
2. When a vegetated emergency spillway is the spillway of choice the crest must be set so that
the spillway does not function more frequent that once in 25 years for a low or intermediate
hazard dam or 50 years for a high hazard dam. If the frequency of operation of the
existing emergency spillway will exceed the above limitations, the use of an appropriately
designed concrete sill or other means to reduce the potential for a dam breach through the
spillway will be necessary. Additional hydrologic and hydraulic. analysis will be necessary
for this project once the hazard classification issue is settled.
METHODS OF ANALYSIS
1. To what guideline in the state regulations relative to the draining the pool are you referring
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876
512 North Salisbury Street; Raleigh, North Carolina, 27604
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper
Mr. Garner
February 6, 2008
Page 2 .
in the last paragraph?
Figures
Figure 3
1. Assuming this is a photograph of the emergency spillway, it appears the rock riprap may
reduce the effective width to less than the 10 feet mention in the HEC-1 inputs shown later
in this report. Please comment.
Figure 5
1. There appears to be flow from two points on this figure (near center and bottom right).
Please comment.
Figure 9
1. Please locate the 10-inch PVC pipe discussed in this report.
2. NC DOT Class 2 riprap has a maximum size of 23". Do you wish to use riprap this large
for the check dam?
3. Please provide a profile along the approximate centerline of the dam top. It should extend
across the emergency spillway.
Figure 10
1. The permanent pool will need to be drained to an elevation below 480.0 to perform the
required work and allow for the inspection of said work by NCDENR. If the pool must
remain at an elevation no lower than 480.0, it may be necessary to construct a coffer dam
around the upstream work area.
2. Please provide details for the siphon intake bar guard.
3. Please bury any portion of the HDPE pipe with a minimum cover of 18 inches. The
exposed ends of the siphon should be ductile iron. The use of ductile iron fittings and an
HDPE pipe diameter that is compatible with ductile fittings should be used. In lieu of
thrust blocks, Uni-Flange 1400 and 1500 retainer glands have been used on other siphons
through dams.
4. The installation of the concrete cradle from the valve box to the first bend in the siphon is
recommended.
Mr. Garner
February 6, 2008
Page 3
Figure 11
1. The use of galvanized pipe for the sniffer pipe is recommended.
2. Please show a detail of the sniffer pipe connection to the siphon.
3. With the use of Uni-Flange retainer glands, some details on this figure will change.
4. How will the siphon be primed when the pool is below its normal level? You may need to
provide a fill port near the 3-inch valve.
Figure 12
1. When the recommendations listed above are followed, some details on this figure will
change.
2. The use of a valve box around the downstream valve is recommended.
Figure 13
1. When the recommendations listed above are followed, some details on this figure will
change.
Figure 14
1. When the recommendations listed above are followed, some details on this figure will
change.
2. Please provide the computations made to size the plunge pool.
3. The thickness of the riprap should be at least 1.5 Dm� . For Class 2 riprap, Dmax =.23".
Figure 15
1. See above for recommended extent of concrete cradle.
Figure 16
1. A grouting plan must be submitted to Dam Safety for approval prior to the granting of a
Dam Safety permit.
2. Reinforcement for concrete must be determined by the engineer and shown on the plans.
Cradle reinforcement may not be needed.
Mr. Garner
February 6, 2008
Page 4
3. Please provide more detailed specifications for the siphon pipe.
4. There appears to be a "double negative" in the first sentence of the next to last paragraph of
the GENERAL NOTES.
5. Please provide specifics for the vegetative requirements. Mulching of the seeded area must
also be included.
6. Please provide specifications sufficient to ensure that the quality of all the materials and
workmanship required for this project are obtained.
It would greatly aid further application review if a response to each of the above
comments were made in a cover letter submitted with two sets of the revised plans,
specifications and design data.
Please contact this office should you have any questions concerning the above items.
Sincerely,
W. Hubert Hawkins, PE
- ---Assistant=Dam=Safety--Engineer------ — — ------------- - - - -- .- --- -- ---- =-- ---------
Land Quality Section
cc: Mr. Richard Britt, Line Runner Maintenance Corporation
Ms. Janet Boyer, PE, -Land -Quality_ Regional Engineer
,�WSjur,fac' e�Vater Protectio Sup i or
File name: TRANS-015-I 20090205 revreq_Line Runner Ridge Dam
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
January 26, 2009
t
Slick Rock Property Owners Association
Attn. Mr. Gordon Long and
Mr. Al Loftis, POA President
17 West Road, Slick Rock Mtn.
Brevard, North Carolina 28712
RE: Slick Rock Pond
Transylvania County
State Dam ID: TRANS-030-I
Dear Mr. Long and Mr. Loftis:
�.__... 1II E, a
�l JAN 2 9 2009
!"T_�UAL'TYS'CTION
AEVLE REGIONAL OFFICE
This is to acknowledge receipt of your Emergency Action Plan (EAP) dated October 17, 2008 for
the of the subject dam.. The application was received in our office on January 26, 2009.
Applications requiring an approval for EAP and O&M plans for a dam will be reviewed by this
office in the order they are received, except that existing high hazard potential dams with known
safety problems will be prioritized. We endeavor to respond to applications within 60 days of
receipt of the application.
Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70,
Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone number (919)
733-4574 should you have any questions concerning this matter.
Sincerely,
Oteven M. McEvoy,
State Dam Safety Engi r
Land Quality Section
SMM/JCR
File name: TRANS-030-I 20090126 RECT EAP Slick Rock Dam
JAN 2 9 7009
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/pagespandqualitysection.html
r. Gordon Long and Mr. Al Loftis
rPage
anuary 26, 2009
2 of 2
cc: Mr. Terry Allen, PE, Design Engineer
Ms. Janet Boyer, PE, Land Quality Regional Engineer
1__S_urface��?Uater Protection:. i rnru_s� r
Ms. Tami V. Idol, Assistant State Dam Safety Engineer
AG�la
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
August 15, 2008
NOTICE OF DEFICIENCY
CERTIFIED MAIL7007 1490 0004 0797 5084
RETURN RECEIPT REQUESTED
Mr. Jamie A. VanBuskirk
DuPont Engineering
Corporate Remediation Group
6324 Fairview Road
Charlotte, NC 28210
RE: Dupont Lake Dam, State ID No. TRANS-017
Hazard Potential: Low; Transylvania County
Dear Mr. VanBuskirk:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
D D
AUG 18 2008
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.
An inspection of the referenced dam was conducted on July 16, 2008, by staff of the Land Quality
Section Asheville Regional Office. During this inspection, the following conditions were noted:
• At the time of inspection, the spillway barrel outlet was showing signs of deterioration. The
barrel is rusted and pieces of it have broken off.
These conditions appear serious and justify further engineering study to determine appropriate
remedial measures. A deteriorated barrel may lead to failure 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).
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone 828-296-4500 Fax 828-299-7043
www.ennstate.nc.us
An Equal Opportunity ! Affirmative Action Employer
NorthCarolina
vturallrf
DuPont Lake Dam, TRANS-017
August 15, 2008
Page 2 of 2
In addition to the above, the following remedial actions, not requiring design or approval, should
be completed by September 15, 2008. These items include the following:
Trees and bushes are growing on the dam. This type of growth can cause problems and even
failure of the dam by creating holes when trees are uprooted due to wind or ice; by leaving
possible seepage holes when trees die and their roots decay; and by causing erosion of the
dam around this growth if the dam should overtop. Therefore, we recommend that this type of
growth be removed and a good stand of grass cover be established on the dam. Any growth
less than six inches in diameter must be cut and removed. Any growth over six inches in
diameter must also have the root system excavated and the excavated area be refilled and
compacted with a suitable soil material under the supervision of an engineer.
• The trash guard on the riser pipe is not properly installed. Without a trash guard, the riser may
become clogged and cause water to flow out of the emergency spillway. Constant flows in the
emergency spillway usually cause progressive erosion problems. Therefore, we recommend
that a suitable trash guard be installed. The design and installation of the trash guard requires
an engineer's supervision and prior approval from this office.
• There.was seepage noted on the toe of the dam near the barrel outlet. Excessive seepage
can cause failure of the dam due to internal erosion and/or embankment sliding. You should
inspect the seepage periodically and notify this office if it increases. Wetness was also noted
on the back slope, and along the toe and abutments.
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 September 15, 2008, we shall present the case information for
appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00
per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this
dam, and/or injunctive relief to gain compliance.
Sincerely,
UJanet S. Boyer, PE
Regional Engineer
cc: Roger Edwards, Water Quality Regional Supervisor.
Hubert Hawkins, Acting State Dam Safety Engineer
Chet Meinzer, AGFA Corporation
GALQ\Transy1vania\Dams\017 Dupont Lake Dam\NOD 08 15 08.doc
r-
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
July 11, 2008
Ms. Sue-C. Sharpe
Pine Shore Lake POA
49 Harbor Cove
Brevard, North Carolina 28712
RE: North Shore Lake Dam
Transylvania County
TRANS-038
Dear Ms. Sharpe
Michael F. Easley, Governor
William G. Ross Jr., Secretary
E,
1
+ U 6 2008
WATER
LQUALITY SECTION
ASHEVILLE REGIONAL OFFICE
This is to acknowledge receipt of your application dated July 7, 2008 for the repair of the subject
dam. The application was received in our office on July 10, 2008.
While reviewing our file it was noted that we approved a plan in January 2006 to replace these
pipe with two 36 inch reinforced concrete pipe. Please provide us with an explanation why this
work was not performed.
A preliminary review of your submittal has been made and we are concerned that the
performance of the proposed work will leave your dam with no emergency spillway. With no
emergency spillway there is no means of safely passing a storm that might exceed the minimum
design storm. We recommend you have your engineer do a more detailed investigation of the
condition of the existing 12 inch and 24 inch corrugated metal emergency spillway pipe. This
would. consist of a video inspection of the interior of each pipe for their entire length. In your
submittal the engineer, Mr. Terry Allen mentioned the development of several sinkholes above
the pipe. If the video inspection does not reveal the cause for these sinkholes, it may be
necessary to excavate at each sinkhole to inspect the pipe in these areas.
If after this investigation, Mr. Allen still fills these pipe are nearing the end of their useful life,
we recommend they be sliplined rather than abandoned.
Please contact Ms. Janet Boyer, PE, Regional Engineer at telephone number (828) 296-4500 or a
member of the Central Office Dam Safety staff at 919-733-4574 should you have any questions
concerning this matter.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876
512 North Salisbury Street, Raleigh, North Carolina, 27604
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper
Ms. Sharpe
July 11, 2008
Page 2
Sincerely,
W. Hubert Hawkins, PE
Acting State Dam Safety Engineer
Land Quality Section
vNi"I-1
cc: Mr. Terry E. Allen, PE
Mr. Roger Edwards, Surface Water Protection Supervisor
Ms. Janet Boyer, PE, Regional Engineer
A�
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E.
Director and State Geologist
June 9, 2006
Dr. B. Dan Marks, PE
Marks Enterprises
One Palatka Drive
Arden, North Carolina 28704
RE: Blue Ridge Hills Dam
Transylvania County
State I.D.: TRANS-032
Dear Dr. Marks:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
p'
J u ),4j 1 2a. ..r 13 6
This is to acknowledge receipt of the "as -built" submittal dated June 4, 2006 for the repairs to the subject
dam. The submittal was received in our office on June 6, 2006.
Applications requiring an Approval of Repairs require a comprehensive field inspection by our Regional
Office personnel. Upon completion of the requisite field inspection and finding by our field personnel
that the dam has been repaired in conformance with the approved plan and as reported in the as -built
submittal, our office will issue an Approval of Repairs. If significant discrepancies are found to exist,
revisions may be required before Approval of Repairs can be issued. In view of our current workload, we
anticipate that it will take no more than 45 days from date of receipt of the as -built submittal to issue a
response.
Please contact Ms. Janet Boyer, PE, Regional Engineer at telephone number (828) 296-4500; or a
member of the Dam Safety Program central office staff at telephone number (919) 733457.4._should you
have questions concerning this matter.
Sincerely,i y I
�► �� r
JUN 1 2 2006
William H. Denton, IV, EIT
Assistant State Dam Safety Engineer s' WATER ouauTv sFC i ION
Land Quality Section ASHEVILL- __-E REGIONAL OFFICE
� ,.,,.
cc: Mr. Edward Jarosz, Jr., Trustee
i�Mr._Roger Edwards "Water Quality RegionaL.Supervisor_ '
— — --
Ms. Janet Boyer, PE, Regional Engineer
Geological Survey • Land Quality • Geodetic Survey
Division of Land Resources • 1612 Mail Service Center, Raleigh, North Carolina 27699-1612
512.North Salisbury Street, Raleigh, North Carolina 27604
919-733-38331 FAX: 919-715-8801 l Internet: www.dlr.enr. state.nc.us/dlr.htm
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper,
A�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E.
Director and State Geologist
May 31, 2006
Mr. Hank Birdsong
Camp High Rocks
Post Office Box 210
Cedar Mountain, North Carolina 28718
RE: Approval of Repairs
High Rock Lake Dam
Transylvania County
State I.D.: TRANS-012
Dear Mr. Birdsong:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
This concerns the subject dam recently repaired pursuant to issuance of an Approval to Repair dated
November 1, 2005 as required by the Dam Safety Law of 1967. Record Drawings and the engineer's
certification were received on April 6, 2006 from Mr. J.C. Bumgamer, PE. -
An inspection of this dam was made by Land Quality Section staff of the Asheville Regional Office on
May 30, 2006. The dam was'found to be in general conformance with the approved plans and
specifications, and the completed repairs are acceptable.
We have not received an emergency action plan and operation and operation and maintenance plan as
required in the approval to repair issued on November 1, 2005. The facility cannot be considered in
compliance until these documents have been received.
The Land Quality Section staff will make periodic inspections of this dam to assure that the dam is being
maintained in good operating condition, These inspections, however, will be relatively infrequent. It is
advised that you closely inspect and monitor your dam, and that you notify your engineer and the Division
of Land Resources if you see or suspect any problems concerning its safety.
Sincerely,
Maxwell R. Fowler, PE
State Dam Safety Engineer
cc: Mr. J.C. Bumgarner, PE
_Ms. Janet Boyer --- Regi.onal_Engineer
Mr. -er - ds-ater:-Quli-ROdwar_WI.Y Regional Su ervisor
,
i )i
JUN — 1 2006 L/
WATER QUALITY SECTION
ASHEVILLE nEG!ONAL OFFICE_P
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •,919-733-45741 FAX: 919-733-2876
512 North Salisbury Street, Raleigh, North Carolina, 27604
An Equal Opportunity \ Affirmative Action Employer- 50% Recycled \ 10% Post Consumer Paper
North Carolina
Michael F. Easley, Governor
James D. Simons, PG, PE
Lee
NCDENR
Department of Environment and
Division of Land Resources
Land Quality Section
NOTICE OF DEFICIENCY
June 7, 2006
CERTIFIED MAIL 7005 0390 0001 3531 2645
RETURN RECEIPT REQUESTED
Chestnut Hills North Carolina Trust
ATTN: Roland H. Myers, Jr.
7S. 430 Arbor Drive
Naperville, IL 60540
RE: Blue Ridge Hills Dam - ID # 032 - Transylvania County
Dear Mr. Myers:
Natural Resources
William G. Ross Jr., Secretary
Janet Boyer, Regional Engineer
JUN - 8 2006 �.
WATER QUALITY SEC T ION
ASHEVILLE RFG!ni\iAL C," ICE
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 May 9, 2006, by staff of the Land Quality
Section Asheville Regional Office. During this inspection, the following conditions were noted:
As — built plans have not been submitted for the dam repairs.
2. In order to receive approval to impound water the following information is required: provide
record drawings, construction monitoring report, and certification that the repairs were
performed to approved plan specifications.
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 Golden Road (SR 1313) and private residences.
In order to ensure the safety of this dam, you are directed to retain the services of a.registered
professional engineer or an experienced engineering firm to submit as — built plans as requested in
previous correspondence. 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 an emergency action
plan for this dam shall be submitted to this office by July 31, 2006.
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone 828-296-4500 ♦ Fax 828-299-7034 One
www.enr.state.nc.us1 NorthCarohna
An Equal Opportunity / Affirmative Action Employer /7�t1mally
Notice of Deficiency
Blue Ridge Hills Dam
June 7, 2006
Page 2 of 2
In addition to the above, the following remedial actions, not requiring design or approval, should be
completed by July 31, 2006. These items include the following:
1. Lower the water level down (not to exceed 1' per day) to construction level until we receive and
approve as -built plans and issue an approval to impound.
2. Maintain minimum release volumes of 0.7 cubic feet per second while the lake is drawn down.
An updated emergency action plan (EAP) will be required for this dam if one is not already on file. If
an existing EAP has not been updated in the past year, the downstream hazards shall be checked and
all contact information should be verified. Two copies of the EAP shall be submitted to the Division of.
Land Resources, and a copy shall be provided to the local emergency management office.
Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not
receive notification on or before July 31, 2006, 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,
ASSOP
+iegional
t S. Boyer
Engineer
cc: B.-Dan-Marks, Schnabel Engineering
Mr Roger E'd�uvards, Surface Water Protection Regional Supervisor
Maxwell Fowler, PE, State Dam Safety Engineer
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
July 31, 2006
Mr. Edward C. Jarosz, Jr.
Chestnut Hills North Carolina Trust
7S. 430 Arbor Drive
Naperville, IL 60540
RE: Approval of Repairs.
Blue Ridge Hills Dam
State I.D. TRANS-032
Dear Mr. Jarosz:
This concerns the subject dam repaired pursuant to issuance of an Approval to Repair on May 18, 2004 as
required by the Dam Safety Law of 1967. Record Drawings and the engineer's certification were received
on June 6, 2006. Dr. B. Dan Marks, PE, certified the repairs. Land Quality Section staff of the Asheville
Regional Office made an inspection of this dam on June 23, 2006. The dam was found to be in general
conformance with the approved plans and specifications, and you may impound water subject to the
following stipulations:
A minimum flow of 0.7 cubic feet per second must be released from the dam site at all times, even
during refilling of the impoundment.
2. The cracked PVC toe drain outlets must be repaired.
The eroded concrete at the left (facing downstream) wing wall shall be monitored.
4. The erosion feature in the right abutment shall be repaired and vegetation established.
The Land Quality Section staff will make periodic inspections of this dam to assure that the dam is being
maintained in good operating condition. These inspections, however, will be relatively infrequent. It is
advised that you closely inspect and monitor your dam, and that you notify your engineer and the Division
of Land Resources if you see or suspect any problems concerning its safety -
Sincerely, .Y7. r�>,.....
1 [,
amen D. Simons, PE, PG
Director and State Geologist rti. AUG — 9 2006
cc: Dr. B. Dan Marks
WATER QUALITY SECTION
Mr- Roger -Edwards -Surface -Water Protection Regional -Supervisor ASHEVILLE REGIONAL OFFICE
Ms. Janet Boyer, PE, Land Quality Regional Engineer J G"
_._.....Yx+sa,:rin•:v.^.T snacn:.r-mn:_a.ce,-xM'. .:.d:'hREike= i .i
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4 i7 'T FAX: 919-733-2876
512 North Salisbury Street, Raleigh, North Carolina, 27604
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper
North Carolina
James D. Simons, PG, PE
Director and State Geologist
December 22, 2006
NCDENR
Department of Environment and Natural Resources
Division of Land Resources
CERTIFIED MAIL
R F.TI JRN RECEIPT REOUESTED
7002 3150 0003 7052 0001
Mr. Dwight E. Graber, egistere gent
Balsam Grove LLC
Post Office Box 224
Balsam Grove_ Nnrth C'.arnl;na ?R7nR
7002 3150 0003 7052 0445
Mr. Dwight E. Graber
Post Office Box 195
Lake Toxaway, North Carolina 28747
RE: Graber Dam
State Identification TRANS-085
Dam Safety Order DS 06-13
Dear Mr. Graber:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
-DEC��
I
JA N 1 6 2007
WATER QUALITY SECT1GP.1
ASHE=NIECE RFG17,'�,'A! r =i� `
Attached is an order issued under the authority of the North Carolina Dam Safety Law of 1967. The order
requires that within 91 days a plan developed by registered professional engineer to repair or breach the
subject dam located on a tributary to North Fork Flat Creek in Transylvania County be submitted to the
Director of the Division of Land Resources. A copy of the North Carolina Dam Safety Law of 1967 is
enclosed for your information.
If you wish to contest this Dam Safety Order, you must request a contested case hearing within 10 days
after receiving this notice. This request must be in the form of a written petition that conforms to the
requirements set forth in North Carolina Statute (NCGS) 15013-23. The original petition and one copy
must be filed as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699
Any questions about filing a petition may be directed to the Clerk of the Office of Administrative
Hearings by telephone at (919) 733-0926.
A copy of the petition must also be served on the Department as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Geological Survey • Land Quality Geodetic Survey
Division of Land Resources - 1612 Mail Service Center, Raleigh, North Carolina 27699-1612
512 North Salisbury Street, Raleigh, North Carolina 27604
919-733-38331 FAX: 919-715-8801 1 Internet: www.dlr.enr. state,nc.us/dlr.htm
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper
Mr. Graber
December 22, 2006
Page Two
Please note that failure to comply with this Dam Safety Order may result in:
1. The assessment of a civil penalty of not less than $100.00 nor more than $500.00. In the case of a
willful failure to comply with this Dam Safety Order, a civil penalty may be imposed in an amount up
to $500.00 for each day of violation. This penalty will begin to run from the deadline established in
the Dam Safety Order; and/or
2. A request to the Attorney General's Office for injunctive relief.
If you have any questions, please contact either:
Ms. Janet Boyer, PE
Regional Engineer
Land Quality Section
2090 US Highway 70
Swannanoa, North Carolina 28778
Telephone: (828) 296-4500
Or
Mr. Maxwell R. Fowler, PE
State Dam Safety Engineer
Land Quality Section
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Telephone: (91'9) 733-3833
We would appreciate your calling us as soon as you receive 3iis notice so that we can be aware of your
plans and schedule.
Sincerely,
Maxwell R. Fowler, PE
State Dam Safety Engineer
Enclosures
cc: Mx --Ragor Edwafdg -Surface Water Prot C- o - S:upervisor;Asheville Regional Off ce-
Ms. Janet Boyer, PE, Regional Engineer, Land Quality Section
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
Michael F. Easley, Governor
James D. Simons, PG, PE
March 9, 2007
NOTICE OF DEFICIENCY
CERTIFIED MAIL-7006 2150 0005 2459 3577
RETURN RECEIPT REQUESTED
Forest Lake Estates Property Owners Association, Inc
Larry J. Shreve, Agent
2 Sand Trap Drive
Brierwood Estates
Shallotte, NC 28459
RE: Forest Lake Dam (TRANS-084) - Transylvania County
Dear Mr. Shreve:
William G. Ross, Jr., Secretary
Janet S. Boyer, PE, Regional Engineer
t
MA R i 2 2007 ! ; l
Act IA- QLiALITY SECTION
I_LE R. `2 \Ai_ O;_;_ I E
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, 2007 by staff of the
Land Quality Section Asheville Regional Office. During this inspection, the following
conditions were noted:
• The dam was impounding water without an Approval to Impound letter.
An Approval to Repair letter was issued May 26, 2004. The lake was to remain drained until
repairs were completed and an Approval to Impound letter was issued.
Please drain the lake and implement approved repair plan prepared by David Dwight Smith,
PE. Do not allow water to be impounded until an Approval to Impound letter is received from
the Raleigh Office.
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
Forest Lake Estates Property Owners Association, Inc., Larry J. Shreve, Agent
March 9, 2007
Page 2 of 2
In addition to the above, the following remedial actions, not requiring design or approval,
should be completed by June 11, 2007. These items include the following:
1. High brush and trees 6" and less in diameter should be removed from the dam and
establish a permanent grass ground cover sufficient to restrain erosion.
An updated emergency action plan (EAP) will be required for this dam if one is not already on
file. If an existing EAP has not been updated in the past year, the downstream hazards shall
be checked and all contact information should be verified. Two copies of the EAP shall be
submitted to the Division of Land Resources, and a copy shall be provided to the local
emergency management office.
Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we
do not receive notification on or before June 8, 2007, we shall present the case information
for appropriate enforcement action. Enforcement action could include a civil penalty of up to
$500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or
removal of this dam, and/or injunctive relief to gain compliance.
Sincerely,
W3'?t. Boyer, PE
egional Engineer
cc: r Roger Edwards, Surface Water Protection Regional Superv_isgr
Maxwell Fowler, PE, State Dam Safety Engineer
Enclosure: Approval to Repair letter dated May 26, 2004
G:\LQ\Transylvania\Dams\084 Forest Lake Dam\NOD 03-09-2007.doc
pppppp,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PG, PE
Director and State Geologist
May 26, 2004
Ms. Deirdre Neugass
Forest Lake Association_
158 Forest Lake Road
Brevard, North Carolina 28712
RE: Approval to Repair
Forest Lake Dam
Transylvania County
TRANS-084-H
French Broad River Basin
Dear Ms. Neugass:
cN
Michael F. Easley, Governor
William G. Ross Jr., Secretary
` 'A - e7,*3 J
This is in response to your most recent submission dated May 19, 2004 and received on May 21,
2004 of plans, specifications and design data for the repair of the subject dam in Transylvania
County on Wilson Mill Creek in compliance with the Dam Safety Law of 1967. These plans,
specifications, and design data were prepared under the supervision of Mr. David D. Smith, PE,
with David D. Smith and Company.
This letter constitutes approval of the proposal .to repair the subject dam according to the plans
and specifications received by this Division on May 19, 2004 with the following stipulations:
Project construction shall be supervised by Mr. David D. Smith, PE.
2. During construction the Division of Land Resources may require such progress reports
as are deemed necessary.
3. Upon completion of the project, Mr. David D. Smith, PE shall inspect the completed work
and upon finding (a) that the work has been done as specified, and (b) that the dam is
safe, shall file with the Division of Land Resources two sets of "as -built' drawings and a
certificate stating that the work has been completed in accordance with approved plans,
specifications and other requirements.
4. No water shall be impounded behind the dam until final approval is issued by the Division
of Land Resources for operation of this dam. Removal of storm water from the reservoir
during construction shall be performed in such a manner as to preclude off -site
sedimentation.
Geological Survey - Land Quality • Geodetic Survey
Division of Land Resources - 1612 Mail Service Center, Raleigh, North Carolina 27699-1612
512 North Salisbury Street, Raleigh, North Carolina 27604
919-733-38331 FAX 919-715-88011 Internet: www.dlr.enr. state.nc.usldlr.htm
An Equal Opportunity 1 Affirmative Action Employer.- 50% Recycled 110% Post Consumer Paper
Ms. Neugass
May 26, 2004
Page - 2
5. You must notify Mr. Carson Fisher, PE, Regional Engineer, Land Quality Section, 2090
US Highway 70, Swannanoa, North Carolina 28778, (828) 296-4500 ten days before the
start of construction.
Sincerely,
James D. Simons, PG, PE
Director and State Geologist
JDS/WHH
cc: Mr. Carson Fisher, PE
Mr. David D. Smith, PE
Mr. Forest R. Westall, PE, DWQ Regional Coordinator
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E.
Director and State Geologist
May 3, 2007
Mr. Hank Birdsong
Post Office Box 210
Cedar Mountain, North Carolina 28718
RE: Camp High Rocks Dam
State I.D. TRANS-012
Dear Mr. Birdsong:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
i d
M AY 1 0 2007
WATER QUALITY SECTION
ASHEVILLE RFG101VAL OFFICE
This is to acknowledge receipt on April 19, 2007 of your Emergency Action Plan (EAP) for the
subject dam. EAPs 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.
You may contact Ms. Janet Boyer, PE, Regional Engineer -at telephone number (828) 296-4500;
or a member of the Central Office Dam Safety Program at telephone number (919) 733-4574
should you have any questions concerning this matter.
Sincerely,
Maxwell R. Fowler, PE
State Dam Safety Engineer
cc: Mr. J.C. Bumgarner, PE
Ms. Janet Boyer, PE, Regional Supervisor
Mr:YRoger_Edwards=Surface= Water-P-rotection-Regional-Supervisor
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876
512 North Salisbury Street, Raleigh, North Carolina, 27604
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper
Michael F. Easley, Governor
James D. Simons, PG, PE, Director and State Geologist
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
William G. Ross, Jr., Secretary
Janet S. Boyer, PE, Regional Engineer
December 6, 2007 c° .__.�...:...._..........-.. M„
NOTICE OF DEFICIENCYy
i.
CERTIFIED MAIL-7006 3450 0002 7064 5807
RETURN RECEIPT REQUESTED
u
Wallace W. Booth III
505 Fox Hollow Laner`::.:.
Horse Shoe, NC 28742
RE: Pisgah Forest Dam- ID # 050- Transylvania County
Dear Mr. Booth:
DEC 12 2007
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 11 /16/07 by staff of the Land Quality
Section Asheville Regional Office. During this inspection, the following conditions were noted:
1.The emergency spillway pipes exit onto the back slope of the dam.
2. Trees and bushes are growing on the abutment contacts of the dam.
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 Pisgah Forest Drive and Hart Road (SR
1534).
Storm water exiting out of the emergency spillway pipes on the back slope of the dam can cause
erosion and possible slope failure.
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
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone 828-296-4500 Fax.828-299-7043
www.enr.state.nc.us NOne
orthCarolina
An Equal Opportunity / Affirmative Action Employer Uturallly
Notice of Deficiency
Pisgah Forest Dam
December 6, 2007
Page 2 of 2
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 February 10, 2008.
In addition to the above, the following remedial actions, not requiring design or approval, should
be completed by 2/10/08. These items include the following:
1. Remove small trees and bushes growing along the waterline of the upstream slope of
the dam, and along both abutment contacts.
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 2/10/07, 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,
�rnt S. Boyer,
egional Engineer
cc: Maxwell Fowler, PE, State Dam Safety Engineer
_Roger Edwards., Surface Water Protection Regional Supervisor,
G:\LQ\Transylvania\Dams\050 Pisgah Forest Farm Dam\N0DPisgah ForestDam12 6 07.doc
Aa
NCDENR
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
May 20, 2008
NOTICE OF DEFICIENCY
CERTIFIED MAIL-7005 1820 0002 9207 1938
RETURN RECEIPT REQUESTED
Wallace W. Booth III
505 Fox Hollow Lane
Horse Shoe, NC 28742
RE: Pisgah Forest Dam, State ID No. TRANS-050
Transylvania County
Dear Mr. Wallace:
William G. Ross, Jr., Secretary
Janet S. Boyer, PE, Regional Engineer
�Fj
I M AY 2 2 2008
� ll
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 April 21, 2008, by staff of the Land
Quality Section Asheville Regional Office. During this inspection, the following conditions were
noted:
1. The emergency spillway pipes exit onto the back slope of the dam.
2. Trees and bushes are growing on the abutment contacts of the dam.
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 Pisgah Forest Drive and Hart Road (SR
1534).
Storm water exiting out of the emergency spillway pipes on the back slope of the dam can cause
erosion and possible slope failure.
In order to ensure the safety of this dam, you are directed to retain the services of a registered
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone 828-296-4500 Fax 828-299-7043
www.enr.state.nc.us One
NorthCarolina
An Equal Opportunity! Affirmative Action Employer Aaturally
Notice of Deficiency
Pisgah Forest Dam
May 20, 2008
Page 2 of 2
professional engineer or an experienced engineering firm to make a study of the conditions
outlined in this letter. Plans and specifications for repair based on the results of the study must be
filed with the Division of Land Resources for approval pursuant to the North Carolina
Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this
study and plan shall be submitted to this office by August 6, 2008.
In addition to the above, the following remedial actions, not requiring design or approval, should
be completed by August 6, 2008. These items include the following:
1. Trees and brush should be removed from the abutment contacts of the dam.
2. Top -dress the back slope of the dam with lime and fertilizer this fall to enhance grass
growth.
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:
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 August 6, 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: State Dam Safety Engineer
`Roger Edwar-ds,_ Surface Wate(P_rotection-Regional Supervisor)
G:\LQ\Transylvania\Dams\050 Pisgah Forest Farm Dam\NOD 05-20-2008.doc
NCDENR
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
May 5, 2008
NOTICE OF DEFICIENCY
CERTIFIED MAIL-7005 1820 0002 9207 1099
RETURN RECEIPT REQUESTED
Line Runner Ridge POA
Greg Valentine
PO Box 1068
Rosman, NC 28772
RE: Line Runner Ridge Dam, ID # Trans-015
Dear Mr.Valentine:
William G. Ross, Jr., Secretary
Janet S. Boyer, PE, Regional Engineer
FLUAY 2008
WATER QUALITY SECTION
[rH
SHEVILLE REGIOiJAI_ 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 April 18, 2008, by staff of the Land
Quality Section Asheville Regional Office. During this inspection, the following conditions were
noted:
1. Excessive seepage and wetness on the backslope and toe of the dam.
2. Slope instability on the backslope due to wetness and seepage.
3. The bottom drain system appears to be deteriorating.
These conditions appear serious and justify further engineering study to determine appropriate
remedial measures. In the event of a dam failure, significant property damage would occur
downstream due to the location of Sturtevant Dam.
Deterioration of the bottom drain System, excessive seepage and slope instability is an indication
of serious internal problems and could lead to catastrophic slope failure of the dam.
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
Line Runner Ridge
May 5, 2008
Page 2 of 2
In order to ensure the safety of this dam, you are directed to retain the services of a registered
professional engineer or an experienced engineering firm to make a study of the 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 31, 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:
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 20, 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,
Il
,�a/ne
t S. Boyer, PE
Regional Engineer
CC' State Dam Safety Engineer
Roger Edwards, Surface Water Protection Regional Supervisor
GALQ\Transy1vania\Dams\015 Line Runner Ridge Dam\NOD 5-05-08.doc
�EE D
J U N 1 2 2008
WATER QUALITY SECTION
ASHEVILLE REGIONAL. OFFICE
North Carolina Dept. of ENR
Janet S Boyer, PE
Regional Engineer
2090 US Highway 70
Swannanoa, NC 28778-8211
June 10, 2008
Subj est : Pisgah Forest Dam — ID # 050 — Transylvania County
Dear Ms Boyer,
Wally W Booth III
505 Fox Hollow Lane
Mills River, NC 28759
USA
T 828 890 2352
WWBooth2@jllchsi.com
,=rs;
This is to inform you that I am in receipt of your letter dated May 20, 2008 regarding the above
referenced dam. I will be proceeding with draining the pond and will maintain that until we submit a
breach plan and receive approval by the Division of Land Resources. Terry E Allen PE of T. E..Allen
Engineering, PC will be supervising the drainage and will be contacting Mr Roger Edwards of The
North Carolina Division of Water Quality as required to complete the drainage. In addition Mr Allen
will be creating the breach plan for submission for your approval.
Best Regards,
C
Wally W Booth III
CC Roger Edwards
Terry E Allen