WQCS00161_NOD2024PC0145 & CEI Report_20240806

SENT VIA ELECTRONIC MAIL ONLY: NO HARD COPY WILL BE MAILED

August 13, 2024

Rick Owen, Town Manager
Town of Banner Elk
[e-mail]

SUBJECT: NOTICE OF DEFICIENCY
Tracking Number: NOD-2024-PC-0145
Permit No. WQCS00161
Banner Elk Collection System
Avery County

Dear Permittee:

The North Carolina Division of Water Resources conducted an inspection of the Banner Elk Collection System on
August 6, 2024. This inspection was conducted to verify that the facility is operating in compliance with the
conditions and limitations specified in Collection System Permit No. WQCS00161. A summary of the findings and
comments noted during the inspection are provided in the enclosed copy of the inspection report.

The Collection System Non-sampling inspection was conducted by Division of Water Resources staff from the
Asheville Regional Office. The following deficiency(s) was noted during the inspection:
Inspection Area Description of Deficiency _________________________________________________________________________________________________________________________________________________________________________ Inspections The entire system is being observed on an annual basis, but it is not specifically documented. Per section (III)1 of the permit, “Records shall be maintained to document compliance with Conditions I(4), II(2)-II(4), II(7)-II(8), IV(3) and V(1)-V(4).”
_________________________________________________________________________________________________________________________________________________________________________

Docusign Envelope ID: 29535411-7F86-4321-89B3-31667D4F3B04

Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. To prevent further action, carefully review these deficiencies and address the causes of
non-compliance to prevent the recurrence of similar situations.
If you should have any questions, please do not hesitate to contact Richard Eguino with the Water Quality
Regional Operations Section in the Asheville Regional Office at 828-296-4500.

Sincerely,

Daniel Boss, Assistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

ATTACHMENTS: Inspection Report

Ec: Laserfische
Docusign Envelope ID: 29535411-7F86-4321-89B3-31667D4F3B04
Compliance Inspection Report
Permit:WQCS00161 Effective:07/09/21 Expiration:06/30/29 Owner :Town of Banner Elk
SOC:
Contact Person:
Region:
County:
Directions to Facility:
Avery
Asheville
Steve Smith
Effective:Expiration:Facility:Banner Elk Collection System
PO Box 156
Title:Phone:[phone]
Secondary ORC(s):
828-898-6277Phone:14706Certification:Paul E. IsenhourPrimary ORC:
CS1,System Classifications:
On-Site Representative(s):
Related Permits:
NC0032115 Town of Banner Elk - Banner Elk WWTP
WQ0022720 Lees McRae College - Hemlock Village at Lees McRae College
Secondary Inspector(s):
Primary Inspector:
Inspection Date:Exit Time:Entry Time:
Phone:
08/06/2024 09:00AM 12:00PM
Richard Eguino 828-296-4500
Facility Status:
Permit Inspection Type:
Reason for Inspection:Inspection Type:
Not CompliantCompliant
Routine
Collection system management and operation
Collection System Inspect Non Sampling
Question Areas:
Miscellaneous Questions General Sewer & FOG Ordinances
Capital Improvement Plan Map Reporting Requirements
Inspections Spill Response Plan Spills
Lines Manholes Pump Stations
(See attachment summary)
Page 1 of 7
Docusign Envelope ID: 29535411-7F86-4321-89B3-31667D4F3B04
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQCS00161
08/06/2024 Collection System Inspect Non Sampling
Town of Banner Elk
Routine
Inspection Summary:
Richard Eguino, with the Asheville Regional Office, conducted a Compliance Evaluation Inspection of the Banner Elk
Collection System on August 6, 2024, to verify compliance with Permit # WQCS00161. Paul Isenhour (ORC) was present
and assisted with the records review portion of the inspection and Justin Hodges (Public Works Director) was present and
assisted with the records review and system observation portions of the inspection.
General: The subject collection system consists of 17.67 miles of gravity lines and 0.25 miles of force main with one duplex
pump station. Spare pump station pumps are kept at the Town’s wastewater treatment plant.
Sewer Use and FOG Ordinances: The Sewer Use and FOG ordinances were reviewed and appeared satisfactory. The town
requires restaurants to clean grease traps every three months, and inspections of grease traps by Town personnel are
conducted twice per year. Mr. Hodges explained that food service establishments have been overall compliant with the FOG
ordinance requirements and that the collection system has not been experiencing any ongoing issues with grease, rags,
flushable wipes, etc.
Inspections: Staff visit the entire system throughout the year during routine maintenance and observations; however, the
annual system observation is not specifically documented. Permit section V(3) establishes the requirement for the annual
observation of the entire system and permit section III(1) establishes the requirement to maintain records of it.
Line cleaning: Records for the annual line cleaning appeared satisfactory with 10K to 11K feet of line being cleaned per year.
Manholes: Three manholes were visually inspected. All three appeared in good condition with no issues observed. These
were located on Old Town Rd (~500ft east of Silver Springs Dr.), Shawneehaw Heights (~100ft south of Maint St E.), and on
Mill Pond Road (near Hemlock trail). Per Mr. Hodges, the gravity line on Mill Pond Road is the only clay pipe in the system
and is the main line leading to the Town's wastewater treatment plant.
Pump Stations: The system’s only pump station was visually inspected. It appeared in good condition with no issues
observed. The float switches, visual and audible alarms, and the SCADA system were tested satisfactorily. Grease
accumulation was minimal. A propane emergency generator is installed at the pump station and is tested weekly. Propane
is supplied by Freeman Gas.
High Priority Lines: Three high priority lines (HPL) 33 (Shawneehaw HTS), 37 (Lecka Lane), 132 (Tate-Evans Park) were
visually inspected. No issues were observed at HPLs 37 and 132. A pin hole leak was observed on HPL 33. The leak rate
was too little to quantify, and Mr. Hodges had the issue corrected by having a repair band installed over the pipe shortly after
the observation.
The following deficiency was noted during the inspection: Annual inspections of the entire system appear to be conducted
but are not fully documented. Per. Section III(1) of the permit, “Records shall be maintained to document compliance with
conditions I(4), II(2)-II(4), II(7)-II(8), IV(3) and V(1)-V(4).”
Page 2 of 7
Docusign Envelope ID: 29535411-7F86-4321-89B3-31667D4F3B04
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQCS00161
08/06/2024 Collection System Inspect Non Sampling
Town of Banner Elk
Routine
General Yes No NA NE
Is there a properly designated primary ORC and at least one back-up of proper grade?
Are logs being reviewed by the system management or owner on a regular basis?
# What is that frequency?Quarterly
# Are there any issues being addressed currently or any in the planning stages?
Is there a specific pump failure plan available for all pump stations?
Does plan indicate if pump parts/new pumps are in spare parts/equipment inventory?
Are new/significantly upgraded pump stations equipped with anti-corrosion materials?
Does the permittee have a copy of their permit?
# Is permit expiring within the next 6 months?
If Yes, has the Permittee applied for renewal?
Mr. Hodges explaiend they are continuously working to identify and reduce infiltration and
inflow. See summary for details.
Comment:
Sewer and FOG Ordinances Yes No NA NE
Is Sewer Use Ordinance (SUO) or other Legal Authority available?
Does it appear that the Sewer Use Ordinance is enforced?
Is there a Grease Control Program that legally requires grease control devices?
What is the standard grease trap cleaning requirement in the FOG ordinance?Every 3 months
Is Grease Control Program enforced via periodic inspections/records review?
Is action taken against violators?
# Have satellite systems adopted an equivalent or more stringent ordinance?
Is grease/sewer education program documented with req'd customer distribution?
# Are other types of education tools used like websites, booths, special meetings, etc?
If Yes, what are they? (This can reduce mailing to annual.)
See summary for details.
Comment:
Capital Improvement Plan Yes No NA NE
Has a Capital (CIP) or System Improvement Plan been developed and adopted?
Is it designated for wastewater only or does it have a dedicated section?
Does CIP cover three to five year period of earmarked improvements?
Does CIP include description of project area?
Does CIP include description of existing facilities?
Does CIP include known deficiencies?
Does CIP include forecasted future needs?
While the CIP lists project details and allocated capital funds, it does not list timeframes for
completion.It is recommended to include timeframes for clarity.
Comment:
Page 3 of 7
Docusign Envelope ID: 29535411-7F86-4321-89B3-31667D4F3B04
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQCS00161
08/06/2024 Collection System Inspect Non Sampling
Town of Banner Elk
Routine
Map Yes No NA NE
Is there a overall sewer system map?
Does the map include:
Pipe Type (GS/FM)
Pipe sizes
Pipe materials (PVC, DIP, etc)
Pipe location
Flow direction
Approximate pipe age
Pump station ID, location and capacity
# Force main air release valve location & type
# Location of satellite connections
Is the map being updated for changes/additions within 1 year of activation?
Mr. Hodges explained approximate pipe age is included when known, and is added when any
sections of pipe are replaced.
Comment:
Reporting Requirements Yes No NA NE
# Have there been any sewer spills in the past 3 years?
If Yes, were they reported to the Division if meeting the reportable criteria?
If applicable, is there documentation of press releases and public notices issued?
Is an Annual Wastewater Performance Report being filed with the Division, if required?
Is the report being made available to all its sewer customers?
# How is it being made available?Through website
which is indicated
on the bill
Comment:
Inspections Yes No NA NE
Are adequate maintenance records maintained?
Are pump stations being inspected at the required frequency?
# Is at least one complete functionality test conducted weekly per pump station?
Is there a system or plan in place to observe the entire system annually?
Is the annual inspection documented?
# Does the system have any high-priority lines/locations?
Are inspections of HPL documented at least every 6 months?
Are new lines being added to the HPL list when found or created?
The entire system is being observed on an annual basis but it is not specifically documented.
See summary for details.
Comment:
Spill Response Action Plan Yes No NA NE
Page 4 of 7
Docusign Envelope ID: 29535411-7F86-4321-89B3-31667D4F3B04
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQCS00161
08/06/2024 Collection System Inspect Non Sampling
Town of Banner Elk
Routine
Is a Spill Response Action Plan available?
Is a Spill Response Action Plan available for all personnel?
Does the plan include:
24-hour contact numbers
Response time
Equipment list and spare parts inventory
Access to cleaning equipment
Access to construction crews, contractors, and/or engineers
Source of emergency funds
Site sanitation and cleanup materials
Post-overflow/spill assessment
Does the Permittee appear to respond within 2 hours of first knowledge of a spill?
Comment:
Spills Yes No NA NE
Is system free of known points of bypass?
If No, describe type of bypass and location
Are all spills or sewer related issues/complaints documented?
# Are there repeated overflows/problems (2 or more in 12 months) at same location?
# If Yes, is there a corrective action plan?
Comment:
Lines/Right-of-Ways/Aerial Lines Yes No NA NE
Please list the Lines/Right of Ways/Aerial Lines Inspected:
HPLs #37, #33, and #132.
Are right-of-ways/easements maintained for full width for access by staff/equipment?
If No, give details on temporary access:
Is maintenance documented?
Are gravity sewer cleaning records available?
Has at least 10% of lines older than 5 yrs been cleaned annually?
Were all areas/lines inspected free of issues?
Pin hole leak observed on HPL # 37 and was quickly addressed with a repair band. See
summary for details.
Comment:
Manholes Yes No NA NE
Please list the Manholes Inspected:
1. Old Town Rd, ~ 500ft east of Silver Springs Dr.
2. Shaweehaw Heights, ~100ft south of Maint St E.
3. Mill Pond Road & Hemlock Trail
Are manholes accessible?
Page 5 of 7
Docusign Envelope ID: 29535411-7F86-4321-89B3-31667D4F3B04
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQCS00161
08/06/2024 Collection System Inspect Non Sampling
Town of Banner Elk
Routine
# Are manhole covers/vents above grade?
Are manholes free of visible signs of overflow?
Are manholes free of sinkholes and depressions?
Are manhole covers present?
# Are manholes properly seated?
# Are manholes in good condition?
# Are inverts in good condition?
Is flow unrestricted in manholes?
Are manholes free of excessive amounts of grease?
Are manholes free of excessive roots?
Are manholes free of excessive sand?
Are manhole vents screened?
Are vents free of submergence?
Are manholes free of bypass structures or pipes?
Roadway manholes are at grade. See summary for details.Comment:
Pump Stations Yes No NA NE
Please list the Pump Stations Inspected:
The system has one duplex pump station located on Banner Elk Hwy
# Number of duplex or larger pump stations in system 1
# Number of vacuum stations in system 0
# Number of simplex pump stations in system 0
# Number of simplex pump stations in system serving more than one building 0
How many pump/vacuum stations have:
# A two-way "auto polling" communication system (SCADA) installed?1
# A simple one-way telemetry/communication system (auto-dialer) installed?0
For pump stations inspected:
Are they secure with restricted access?
Were they free of by-pass structures/pipes?
Were wet wells free of excessive grease/debris?
# Do they all have telemetry installed?
Is the communication system functional?
Is a 24-hour notification sign posted ?
Does the sign include:
Owner Name?
Pump station identifier?
# Address?
Page 6 of 7
Docusign Envelope ID: 29535411-7F86-4321-89B3-31667D4F3B04
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQCS00161
08/06/2024 Collection System Inspect Non Sampling
Town of Banner Elk
Routine
Instructions for notification?
24-hour emergency contact numbers?
Are audio and visual alarms present?
Are audio and visual alarms operable?
# Is there a backup generator or bypass pump connected?
If tested during inspection, did it function properly?
Is the back-up system tested at least bi-annually under normal operating conditions?
# Does it have a dedicated connection for a portable generator?
# Is the owner relying on portable units in the event of a power outage?
# If Yes, is there a distribution plan?
If Yes, what resources (Units/Staff/Vehicles/etc) are included in Plan?
# Does Permittee have the approved percentage of replacement simplex pumps?
Is recordkeeping of pump station inspection and maintenance program adequate?
Do pump station logs include at a minimum:
Inside and outside cleaning and debris removal?
Inspecting and exercising all valves?
Inspecting and lubricating pumps and other equipment?
Inspecting alarms, telemetry and auxiliary equipment?
See summary for details.Comment:
Page 7 of 7
Docusign Envelope ID: 29535411-7F86-4321-89B3-31667D4F3B04