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DWR Read File Archive Jan. 2013
v- WD► NIR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary January 3,2013 Stephen Sellers, District Chairman Clay County Water and Sewer District Post Office Box 838 Hayesville, North Carolina 28904 Subject: Permit No.WQ0036312 Clay County Water and Sewer District State Employee's Credit Union Wastewater Collection System Extension Clay County Dear Mr.Sellers: In accordance with your application received December 14, 2012 we are forwarding herewith Permit No. WQ036312, dated January 3, 2013, to Clay County Water and Sewer District for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, shall void Permit No. WQ0033529 issued October 24, 2008, and shall be subject to the conditions and limitations as specified therein. This cover letter and supplement shall be considered a part of this permit and are therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T.0403 or any individual system-wide collection system permit issued to the Permittee. It shall be responsibility of the Clay County Water and Sewer District to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute§143-215.6A through §143-215.6C,construction of additional or replacement wastewater collection facilities,and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. If any parts, requirements, or limitations contained in this permit are unacceptable,you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of North Carolina - General Statutes,and filed with the Office of Administrative Hearings,6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made,this permit shall be final and binding. 1617 Mail Service Center,Raleigh,North Carolina 27699-16171 Location:512 N.Salisbury St.Raleigh,North Ca_roJna 27604 GL10 ., Phone:919-807-6300\FAX:919-807-6492G / hCafohna ww,n Internet:wcwateroualitv.org VVV����, An Equal Opportunity,Affirmative Action Employer Clay County Water and Sewer District WQ0036312 If you need additional information concerning this matter, please contact Jeff Menzel at(828)296-4500 or via e-mail atjeff.menzel@ncdenr.gov Sincerely, r �s for Charles Wakild, P.E., Director Division of Water Quality by Chuck Cranford Asheville Region Surface Water Quality Supervisor cc: Jesse Gardner, PE Civil Designs Concepts, PA Clay Building Inspections Department Asheville Regional Office,Surface Water Protection Section Water Quality Central Files PERCS(electronic copy) S:\SWP\Clay\Collection Systems\Clay County W&S Collection System\WQ0036312 State Credit Union.docx A a 04 NCDENR STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,and other applicable Laws, Rules,and Regulations, permission is hereby granted to the Clay County Water and Sewer District Clay County for the construction and operation of approximately 246 linear feet of 8-inch gravity sewer as part of the State Employee's Credit Union project, and the discharge of 0 gallons per day of collected domestic, wastewater into Clay County Water and Sewer District existing sewerage system WWTP Permit No. NC0026697, pursuant to the application received December 14, 2012,and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded, shall void Permit No. WQ0033529 issued October 24, 2008, and shall be subject to the conditions and limitations as specified therein. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. Permit issued this the 3`d day of January,7013 for Charl&*akild, P.E., Director/ Division of Water Quality By Authority of The Environmental Management Commission Permit Number:WQ0036312 SUPPLEMENT TO PERMIT COVER SHEET Clay County Water and Sewer District is hereby authorized to: Construct, and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the Clay County Water and Sewer District Wastewater Treatment facility (NPDES Permit No. NC0026697) prior to being discharged into the receiving stream. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions. II.STANDARD CONDITIONS 1. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee,a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved,and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T.0403. If an individual permit is not required,the following performance criteria shall be met as provided in 15A NCAC 2T.0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters,and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are j documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B.0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems, the Grease Control Program shall include at least bi-annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary seweroverflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs(a)through (i) of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. 5. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number 828-296-4500, as soon as possible, but in no case more than 24 hours or on the next working day,following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage,etc.;or b. Any SSO and/or spill over 1,000 gallons;or c. Any SSO and/or spill,regardless of volume,that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919)733-3300. Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO(or the most current Division approved form)within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form CS-SSO(or the most current Division approved form)can also be completed to show that the SSO was beyond control. 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 7. Per 15A NCAC 2T.0116, upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles of Incorporation,Declarations/Covenants/Restrictions,and Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: a. One copy of the project construction record drawings(plan & profile views of sewer lines&force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers,separation distances, material changes, etc. b. One copy of the supporting pump station design calculations (selected pumps, system curve, operating point, buoyancy calculations, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project. c. Changes to the project that do not result in non-compliance with this permit,regulations,or the Minimum Design Criteria should be clearly identified on the record drawings, on the certification in the space provided,or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non- compliance with this permit (including pipe length increases of 10%or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the number/type of connections), regulations, or the Minimum Design Criteria. Requested modifications or variances to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After-construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification&activation. 8. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 9. Failure to abide by the conditions and limitations contained in this permit;15A NCAC 2T;the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes§143-215.6A through §143-215.6C,construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. 10. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions,the Permittee shall take immediate corrective action,including those as may be required by this Division,such as the construction of additional or replacement facilities. 11. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations,or ordinances that may be imposed by other government agencies(local,state and federal)which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 213.0200, erosion and sedimentation control requirements in 15A NCAC Ch.4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213.0200 and 15A NCAC 2H.0500. FAST TRACK ENGINEERING CERTIFICATION Permittee: Clay County Water and Sewer District Permit No.WQ0036312 Project: State Employee's Credit Union Issue Date: 01/03/2013 Complete and submit this form to the permit issuing regional office with the following: • One copy of the project record drawings(plan &profile views and detail drawings of sewer lines)of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk)in pdf format. Record drawings should indicate the design and the marked up changes during construction. • Supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s)or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. Modifications should be submitted priorto certification This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's Certification and all required supporting documentation. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. PERMITTEE'S CERTIFICATION I, the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements , the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name, Title Signature Date ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑weekly, ❑ full time) the construction of the subject project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Quality's(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's Seal,signature, and date: ........................................................................................ SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 U.S.HIGHWAY 70 SWANNANOA,NC 28778 :.................................... ........................................_€ The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. Flow from this project is tributary to:NCO026697 `� �, . i ., -�it ��.ri i ANA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 3,2013 Mr. Robert Gurley Ms. Marcia Nicholson (114 Buddy Lane) (120 Buddy Lane) 2430 U.S. Highway 70 West Post Office Box 213 Goldsboro,North Carolina 27530 Chimney Rock,North Carolina 28720 Mr. Thurman Short Ms. Merry Dupuis (127 Buddy Lane) (13 8 Buddy Lane) 1430 Deal Road Post Office Box 123 Blacksburg, South Carolina 29702 Chimney Rock,North Carolina 28720 Subject: INCIDENT CLOSURE Notice of Violation NOV-2012-DV-0170 Illegal Discharge of Wastewater Buddy Lane Collection System Rutherford County Dear Sirs and Madams: The Division of Water Quality(DWQ)has reviewed your correspondence date December 1,2012, related to the Notice of Violation and Recommendation for Enforcement NOV-2012-DV-0170. The NOV resulted from untreated wastewater entering a stream and eventually Lake Lure. This situation was considered an illegal discharge. According to information gathered,the properties owned by the addressees of this letter made use of the leaking collection system. Therefore all property owners were considered responsible parties and it was recommended that an effort is made to work together to resolve this issue. DWQ has reviewed the information provided and conducted a follow-up site visit December 11,2012. The written response and the results observed at the site have satisfactorily resolved the violations noted in the subject Notice of Violation and Recommendation for Enforcement. The Division appreciates the actions taken to resolve this issue. Please contact Jeff Menzel at 828-296-4658 if you have questions or concerns. -' SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 1�TOne 1 Phone:828-296-4500 FAX:828-299-7043 1�OrthCarohna Internet: www.ncwaterquality.org An Equal Opportunity',Affirmative Action Employer. Buddy Lane Collection System January 3,2013 Page 2 of 2 Sincerely, f Jeff Menzel,Environmental Specialist Surface Water Protection Section Asheville Regional Office cc: Chris Braund- Lake Lure Town Manager Steve Chambers-Rutherford County Health Department S:\SWP\Rutherford\Complaints\Buddy Lane Sewer\NOV.1.03.2013 close out.docx n NCDEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary January 3,2013 Charles E.Vines, Mayor Town of Bakersville PO Box 53 Bakersville, NC 28705 Subject: Permit No.WQ0036284 Town of Bakersville Bakersville Linda Lane Well Treatment Backwash Line Wastewater Collection System Extension Mitchell County Dear Mr.Vines: In accordance with your application received (December 3, 2012), and additional information received on December 16, 2012 we are forwarding herewith Permit No. WQ0036284, dated January 3, 2013, to Town of Bakersville for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter and supplement shall be considered a part of this permit and are therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Standard Condition I1.4: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Special Condition 1.1: Pursuant to the information provided by W.K. Dickson, dated December 16, 2012, and in accordance with 15A NCAC 2T.0105(n),an alternative design to 15A NCAC.0305 and the Minimum Design Criteria for the Permitting of Gravity Sewers is granted for a 4- inch gravity sewer to be installed as a dedicated backwash discharge line serving the Linda Lane Well Site. No other connections shall be made tributary to the line. It shall be responsibility of the Town of Bakersville to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE 2090 U.S.Highway 70,Swannanos,NC 28778 One Phone:(828)296-4500 FAX:828 2997043 NorthCarolina Internet:www.ncwaterauality.omatuf+Qttj/ An Equal Opportunity 1 Affirmative Action Employer Town of Bakersville WQ0036284 If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes,and filed with the Office of Administrative Hearings,6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made,this permit shall be final and binding. If you need additional information concerning this matter, please contact Linda Wiggs at(828)296-4500 via e-mail at Linda.Wiggs@ncdenr.gov or Adrian Eaton at(919)707-9178 via e-mail at Adrian.Eaton@ncdenr.gov. Sincerely, for Charles Wakild, P.E., Director Division of Water Quality cc: W.K Dickson&Co.-Ryan Hagar Town of Bakersville Building Inspections Department i ARO Regional Office,Surface Water Protection Section `— Water Quality Central Files PERCS-Michael Leggett(e-copy) Infrastructure Finance Section-Adrian Eaton (e-copy) iT # rT MCMENR STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,and other applicable Laws, Rules,and Regulations, permission is hereby granted to the Town of Bakersville Mitchell County for the construction and operation of approximately 1415 linear feet of 4-inch gravity sewer as part of the Town of Bakersville Water System Improvements (Linda Lane Well Treatment Backwash Line) project, and the discharge of 2,900 gallons per day of collected industrial wastewater into the Bakersville WWTP existing sewerage system, pursuant to the application received December 3, 2012, and additional information received on December 16, 2012 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. Permit issued this the 3rd day of January, l3. for Charles ud"akild, P.E., Director Division of Water Quality By Authority of The Environmental Management Commission Permit Number:WQ0036284 SUPPLEMENT TO PERMIT COVER SHEET Town of Bakersville is hereby authorized to: Construct, and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the Bakersville Wastewater Treatment Facility(NC0025461) prior to being discharged into the receiving stream. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions and any Special Conditions identified below. I. SPECIAL CONDITIONS 1. Pursuant to the information provided by W.K. Dickson,dated December 16,2012, and in accordance with 15A NCAC 2T .0105(n), an alternative design to 15A NCAC .0305 and the Minimum Design Criteria for the Permitting of Gravity Sewers is granted for a 4-inch gravity sewer to be installed as a dedicated backwash discharge line serving the Linda Lane Well Site. No other connections shall be . ' made tributary to the line. II. STANDARD CONDITIONS 1. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership,or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved,and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T.0403. If an individual permit is not required,the following performance criteria shall be met as provided in 15A NCAC 2T.0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters,and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B.0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems, the Grease Control Program shall include at least bi-annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts(1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs(a)through (i)of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. 5. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day,following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport,such as mechanical or electrical failures of pumps, line blockage or breakage,etc.;or b. Any SSO and/or spill over 1,000 gallons;or c. Any SSO and/or spill,regardless of volume,that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO(or the most ``— current Division approved form)within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form CS-SSO(or the most current Division approved form)can also be completed to show that the SSO was beyond control. 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 7. Per 15A NCAC 2T.0116, upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles of Incorporation,Declarations/Covenants/Restrictions,and Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: a. One copy of the project construction record drawings(plan & profile views of sewer lines&force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk)and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers,separation distances, material changes, etc. b. One copy of the supporting pump station design calculations (selected pumps, system curve, operating point, buoyancy calculations, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project. c. Changes to the project that do not result in non-compliance with this permit,regulations,or the Minimum Design Criteria should be clearly identified on the record drawings, on the certification in the space provided,or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non- compliance with this permit(including pipe length increases of 10%or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the number/type of connections), regulations, or the Minimum Design Criteria. Requested modifications or variances to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After-construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification&activation. 8. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 9. Failure to abide by the conditions and limitations contained in this permit;15A NCAC 2T;the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes§143-215.6A through§143-215.6C,construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. 10. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions,the Permittee shall take immediate corrective action,including those as may be required by this Division,such as the construction of additional or replacement facilities. 11. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations,or ordinances that may be imposed by other government agencies(local,state and federal)which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 26.0200 and 15A NCAC 2H.0500. �,., �� -�. ',��J FAST TRACK ENGINEERING CERTIFICATION Permittee: Town of Bakersville Permit No.W00036284 Project: Bakersville Linda Lane Well Treatment Backwash Linda Issue Date: 01/03/2013 Complete and submit this form to the permit issuing regional office with the following: • One copy of the project record drawings(plan &profile views and detail drawings of sewer lines) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk)in pdf format. Record drawings should indicate the design and the marked up changes during construction. • Supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s)or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. Modifications should be submitted prior to certification. This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's Certification and all required supporting documentation. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. PERMITTEE'S CERTIFICATION I, the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements , the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name, Title Signature Date ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe(❑ periodically, ❑ weekly, ❑ full time) the construction of the subject project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 16A NCAC 02T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's Seal,signature,and date: _.............................................----- SEND THIS FORM&SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS SURFACE WATER PROTECTION SUPERVISOR REGION REGIONAL OFFICE REGIONAL STREET ADDRESS CITY,NC ZIP ........................................................................................ The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. DWQ Use Only: Flow from this project is tributary to:NC0025461 �\i \.J.,, l I NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakiid,P.E. John Skvarla -- Governor Director Secretary January 8,2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2131 Mr.Ridgeway T.Lynch,Jr. Kanuga Conferences Inc. Kanuga Conferences WWTP P.O.Box 250 Hendersonville,North Carolina 28793-0250 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2013-LV-0023 Kanuga Conferences WWTP NPDES Permit No.NCO024431 Henderson County Dear Mr. Lynch: A review of the August 2012 self-monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Reported Value Permit Limit 08/07/2012 001 BOD 66 mg/L 45 mg/L 08/07/2012 001 Fecal coliform 600#/ 100 ml 400#/ 100 ml 08/31/2012 001 Ammonia Nitrogen 14.9 mg/L 11 mg/L A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute(G.S.) 143-215.1 and NPDES Permit No.NCO024431. Pursuant to G.S. 143-215.6A,a civil penalty of not more than twenty-five thousand dollars($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms,conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance, or discuss overall compliance please respond in writing within ten(10)days after receipt of this Notice. A review of your response will be considered along with any information provided on the August 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period,a civil penalty assessment may be prepared. SURFACE WATER PKOTECIJON SEC"I'ION—ASHEVILLE REGIONAL,OFFICE Location:2090 U.S.Higluva}70,S4vannwioa,North Carolina 28778 One Phone 828-296-45001 Fax:828-299-7043 No thCarolma Internet:http://por al.ncdenr.org/web/wa An Equal Opportunity!.Affirmative Action Emplover—50%Recyeled10 N Post Consumer paper �� '/ Mr.Ridgeway T. Lynch, Jr. January 8,2013 Page Two Remedial actions, if not already implemented,should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems,and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford,Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch 5`�tZ'P\tienclerso�t;L�'a tz.+afar\�i�n�r`.kanu a Conference,,,244_i FNOV-'N12E 2013 1 J-0('�2 .di)c 74 � RUN ERR North Carolina Department of Environment and Natural Resources Division.of Water Quality Pat McCrory Charles Wakild,P.E. John Skvarla Governor Director Secretary January 8,2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2148 Mr.Henry K.Odom Magnolia Place WWTP 1 Ariel Loop Hendersonville,North Carolina 28792-9583 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2013-LV-0022 Magnolia Place WWTP NPDES Permit No. NCO071862 Henderson County Dear Mr. Odom: A review of the August 2012 self-monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Reported Value Permit Limit 08/20/2012 001 BOD 200 mg/L 45 mg/L 08/31/2012 001 BOD 32.86 mg/L 30 mg/L 08/20/2012 001 TSS 120 mg/L 45 mg/L A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE)is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0071862. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance, or discuss overall compliance please respond in writing within ten(10)days after receipt of this Notice. A review of your response will be considered along with any information provided on the August 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period,a civil penalty assessment may be prepared. SURFACE WAT R PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE Location.2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\.Fax:828-299-7043 NorthCaT Internet:http:l/portal.ncdenr.org/weh/wp ithCar0 llnla tur lri An Equal Opportunity 1 Affirmative Action Employer--30%Recycled,']0%Yost Consumer paper 1 Mr. Henry K. Odum January 8,2013 Page Two Remedial actions,if not already implemented,should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems,and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, -01 F, Chuck Cranford,Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch 1tiP'`}ienc�zr;cat .t'zint tit t r`, 9in�ra 1[a=,�rt>li.i Platt IS62`N-OV RL- 0I'-LV-i)022A)c MA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John Skvarla Governor Director Secretary January 8, 2013 City of Hendersonville Lee Smith-Water and Sewer Department PO Box 1760 Hendersonville,North Carolina 28792 Laughter, Austin and Associates Jon H. Laughter 131 4th Avenue,East Hendersonville,North Carolina 28792 Subject: Fast-Track Application Return City of Hendersonville Jimmy Dale Freeman,Henderson County Dear Messer's Smith and Laughter: Enclosed herewith is the Fast-Track Sewer Application submitted by the City of Hendersonville seeking permission to construct a sewer system to serve Jimmy Dale Freeman. The application is being returned for the following reasons: (1) Application Form—The application submitted is an old application. Please use the most current application form which can be found at the following website. ht!p://portal.ncdenr.org/web/M/sM/Ss/cs/gpps (2) Engineer Seal—The application must be certified by an engineer who is a North Carolina Registered Professional Engineer(PE). The application was signed and dated by the engineer but not stamped. Please make sure the application is sealed with the PE stamp. (3) Variance-Under the old application submitted item B 12 was checked"No",which indicates a variance is requested.However,item B 10 indicates a request for a sewerline that should not require a variance. Please correct or explain why a variance is requested. (4) Stream Classification-Please review C 1 and indicate that the project is not within 100 feet from a waterbodyby checking the box. If the project is within 100 feet of a waterbody please complete the information in the table. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-29645001 FAX:828-299-70431 Customer Service:1-877-623-6748 � Internet: www.ncwaterquality.org / An Equal Opportunity 1 Affirmative Action Employer N�tura�L Return Application-Jimmy Dale Freeman January 8,2013 Page Two (5) Map-Please submit a Topographic Map as required. The map submitted was helpful but did not specifically indicate the location of the Jimmy Dale Freeman project. I look forward to receiving a completed application. Please do not hesitate to call me at 828/296- 4500 should you wish to discuss this matter. Sincerely, c�f Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enclosure &\SWMendersonTollection SystemMendersonville MApplicationRetum-JimmyDale Freeman.doc A MA- WNW North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E.Skvarla,IH Governor Director Secretary January 11,2013 CERTIFIED MAIL 7009 1680 oaoo 7515 3028 RETURN RECEIPT REQUESTED Ms. Susan Glenn Blackberry Sewer System P.O.Box 1770 Blowing Rock,North Carolina 28605 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2013-LM-0005 Blackberry Sewer System WWTP NPDES Permit No.N00055611 Caldwell County Dear Ms. Glenn: ` A review of the August 2012 self-monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Reported Value Permit Limit 08/31/2012 001 BOD 30.8 mg/L 30 m /L 08/17/2012 001 Fecal coliform 1100#/ 100 ml 400#/ 100 ml 08/17/2012 001 DO 5.3 m /L 6 mg/L 08/31/2012 001 Flow 0.0030 mgd 0.003 mgd 08/17/2012 001 pH 4.1 su 6 su 08/17/2012 001 TSS 104 mg/L 45 mg/L 08/31/2012 001 TSS 45.33 mg/L 30 mg/L Date Outfall Parameter Monitoring Frequency Violation 08/04/2012 001 BOD Weekly Failure to Monitor 08/11/2012 001 BOD Weekly Failure to Monitor 08/04/2012 001 Fecal coliform Weekly Failure to Monitor 08/11/2012 001 Fecal coliform Weekly Failure to Monitor 08/04/2012 001 DO Weekly Failure to Monitor 0811/2012 001 DO Weekly Failure to Monitor 08/04/2012 001 Flow Weekly Failure to Monitor 08/11/2012 001 Flow Weekly Failure to Monitor 08/04/2012 001 Ammonia Nitrogen Weekly Failure to Monitor SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE-,11---, l.,ocation:2090 U.S.Highway 70,Swatmatioa,North Carolina 28778 One Phone:828-296-4500\Pax.828-299-7043 NorthCarolina Internet:httOlportalm enr.orp/web/wg j+ `ll� An Equal Opportunity`.Affinnati�le Action Employer- 0%Recycledl'10%Post Consumer paper �1 Ms. Susan Glenn January 11, 2013 Page Two 0911/2012 001 Ammonia Nitrogen Weekly Failure to Monitor 08/04/2012 001 pH Weekly Failure to Monitor 08/11/2012 001 pH Weekly Failure to Monitor 08/04/2012 001 TSS Weekly Failure to Monitor 0811/2012 001 TSS Weekly Failure to Monitor 08/04/2012 001 TRC Twice Weekly Failure to Monitor 08/11/2012 001 TRC Twice Weekly Failure to Monitor A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE)is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NCO055611_ Pursuant to G.S. 143-215.6A,a civil penalty of not more than twenty-five thousand dollars($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms,conditions,or requirements of any permit issued pursuant to G.S. 143-215.1. If you v6sh to provide additional information regarding the noted violation,request technical assistance,or discuss overall compliance please respond in writing within ten(10)days after receipt of this Notice. A review of your response will be considered along with any information provided on the August 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period,a civil penalty assessment maybe prepared. Remedial actions, if not already implemented, should be taken to correct any problems. The Division o`' Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of continuing nature,not related to operation and/or maintenance problems,and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, 9 f i f Chuck Cranford,Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch S.:SI PCaldGsell`,Wa4te"ti tii;r`.11inari\Blackberrt Ridge 4� (i1110V-NRE-201 -L43-0 0;Aoc ", A�A.t�rw�ra NCDENR North Carolina Department of Environment and Natural Resources - Division of Water Quality Pat McCrory Charles Wakild,P.E. John E.Skvarla, III Governor Director Secretary January 14,2013 Mr.John Preston, Santek Environmental of North Carolina, LLC c/o White Oak Landfill 3898 Fines Creek Road Waynesville,NC 28786 Mr. Stephen King, Director, Solid Waste Management—Haywood County 278 Recycle Road Clyde NC 28721 SUBJECT: NPDES Stormwater Permit Compliance Inspection Haywood Co-White Oak Sanitary Permit No: NCG120047 Haywood County Dear Mr. Preston and Mr. King: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on December 12,2012. The facility was found to be in compliance with permit NCG120047. The Division of Water Quality appreciates all the efforts put into the landfill by Santek(as well as the County,prior to this year),to bring it into compliance with the stormwater permit and with water quality standards. Enclosed is a copy of the Compliance Inspection Report,which contains additional observations and comments for your reference. Please contact me at(828)296-4665 or Susan.A.Wilson(cr�.ncdenr.gov if I can be of any further assistance. Sincerely, Susan A. Wilson Environmental Engineer Surface Water Protection Enclosure cc: Central Files Asheville Files Mr.Marty Stamey,Haywood County Manager,215 N. Main St.,Waynesville,NC 28786 S:\SWP\Haywood\Stormwater\NCG12 Landfills\Haywood Co landfill\White Oak LF 12 2012\CEI 12 2012\LTR.CEI White Oak LF.12 2012.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 �0e Phone:828-296-45001 FAX:828-299-7043 NQ Q1 1ria Internet:www.ncwaterquality.org �a"l�llr���l� An Equal Opportunity S Affirmative Action Employer L /,. ���. �W i�_�; Compliance Inspection Report Permit: NCG120047 Effective: 11/01/12 Expiration: 10/31/17 Owner: Santek Environmental of North Carolina LLC SOC: Effective: Expiration: Facility: Haywood Co-White Oak Sanitary County: Haywood 3898 Fines Creek Rd Region: Asheville Waynesville NC 28786 Contact Person: Stephen King oa J PAOi qca Title: Phone: 828-627-8042 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 12/12/2012 Entry Time: 10:00 AM Exit Time: 01:00 PM Primary Inspector: Susan A Wilson Phone: 828-294-4500 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Landfill Stormwater Discharge COC Facility Status: ■Compliant n Not Compliant Question Areas: Storm Water . (See attachment summary) Page: 1 Permit: NCG120047 Owner-Facility: Santek Environmental of North Carolina LLC Inspection Date: 1 2/1 212 0 1 2 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Susan Wilson and Tim Fox met with Jeff Hunter(Santek)to perform the site inspection. Santek operates the landfill for Haywood County(and has operated it since late December 2011/January 2012). Santek has done an exemplary job of continuing with improvements at the landfill.All the outfalls are properly labeled; all are observed and photographed weekly and after 112 rainfall event. Analytical monitoring has been conducted as required (and Mr. Martin informed DWQ of the benchmark exceedances after the July 2012 sampling). DWQ is unsure why the fecal coliform benchmarks were exceeded at certain outfalls(and TSS at certain outfalls). Santek should continue to investigate these areas as more data is gathered. There is groundwater flow through some basins(which may or may not be contributing to the issue). DWQ will work with Santek on these issues. The facility appears to have adequate BMPs and is doing an exemplary job with continued maintenance at the landfill. Some improvements still need to be made(the entrance/haul road area)-and per Mr. Hunter,this is scheduled to be done within the year. DWQ will work with Santek to remove monitoring for some outfalls and/or establish Representative Outfalls Status for some. This inspection was discussed with Mr.John Preston afterwards(he was unable to be present during the inspection). Based on observation of the tributary below Outfall SDO-08(sediment was removed from this tributary), NOV-2011-PC-0235 that was issued to Haywood County will be closed out(this letter will be sent to Mr. King). The fence line below SDO-8 and SDO-5 should be kept clear of debris to allow flow through. Page: 2 Permit: NOG120047 Owner-Facility: Santek Environmental of North Carolina LLC Inspection Date: 12/12/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ n ❑ Comment: Santek has performed all the required qualitative monitoring for each outfall (and took photos as well). Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ n n n #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? n n ■ n Comment: Analytical monitoring was performed by Santek 7/2/2012(slightly later than the required semi-annual period; Santek notified DWO of this). Sampling was conducted 12/10/2012 (for the second semi-annual period). Permit and Outfalls Yes No NA NE #Is a copy of the Permit and the Certificate of Coverage available at the site? ■ n n n #Were all outfalls observed during the inspection? ■ n ❑ ❑ #If the facility has representative outfall status,is it properly documented by the Division? n ❑ ■ #Has the facility evaluated all illicit(non stormwater)discharges? ■ n n n Comment: At the time of the inspection-they had not yet received their new Certificate of Coverage (but the older one was on file). Page: 3 i NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P. E. Pat McCrory Director John E.Skvarla, III Governor Secretary January 14,2013 Mr. Stephen King,Director Solid Waste Management—Haywood County 278 Recycle Road Clyde,NC 28721 Subject: Incident Closure Notice of Violation and Recommendation for Enforcement NOV-2011-PC-0235 Haywood County Dear Mr. King: The Division of Water Quality(DWQ)conducted a follow-up inspection at the White Oak Landfill on December 12,2012 (a copy of which was sent to you as well). During that inspection,the tributary below SDO-8 was inspected to assess the results of the prior sediment removal. The issues regarding this tributary have been satisfactorily resolved. The written response from April 28,2011,the subsequent stabilization efforts at the landfill,the qualitative and analytical monitoring conducted at the outfalls, and the sediment removal from the unnamed tributary to the Pigeon River below SDO-8 have resolved all the outstanding issues related to NOV-201 I-PC-0235. It is the DWQ's understanding that Haywood County is working with the landowner,Mr. Kubalak, downstream of SDO-4 to resolve issues related to sediment in his pond. The DWQ has not and will not intervene in that effort unless requested [the stream above his pond appeared free of sediment impacts during previous follow-up inspections]. This letter in no way precludes this Office for taking action on this or any other future violation. Violations are subject to civil penalty assessment of up to $25,000.00 per day for each violation. The DWQ appreciates the efforts of Haywood County, followed up by Santek,to comply with the requirements of the stormwater permit and resolve the NOV. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 7 Location;2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna Phone:828-29 icwat 1 FAX: .or 299-7043 �atlirRllt�' Internet: www.ncwaterqualiiy.org An Equal Opportunity\Aff rmative Action Employer Mr.King White Oak LF Page 2 of 2 Should you have any further questions or concerns,please contact Susan Wilson at(828)296-4665 or susan.a.wilson,2nedenr.y. Sincerely, Ubc Susan A. Wilson,Environmental Engineer Surface Water Protection Section cc: Karen Higgins—WBSCP Unit Mr. Marty Stamey,Haywood County Manager ARO File Copy S:\SWP\Haywood\Stormwater\NCG12 LandfillsVdaywood ColandfilhWhite Oak LRNOV-2011-PC-0235 Closure.l 2013.doe DENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild;P.E. John E.Skvarla,III Governor Director Secretary January 15, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0876 2179 Mr. Steve Sheets, CEO Linville Ridge Country Club P.O. Box 704 Linville,North Carolina 28646 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit N00062413 Linville Ridge Country Club Linville Ridge Country Club WWTP Case No. LV-2013-0007 Avery County Dear Mr. Sheets: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,587.00 ($1,450.00 civil penalty+$137.00 enforcement costs) against Linville Ridge Country Club. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by Linville Ridge Country Club for the month of Au ust 2012. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0062413. The violations which occurred in August 2012 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Linville Ridge Country Club violated the terms,conditions or requirements of NPDES Permit NCO062413 and G.S. 143- 215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Chuck Cranford,Division of Water Quality Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment against Linville Ridge Country Club: No thCarolina Naturally SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE �^ Location:2090 U.S.Highway 70,Swannanoa,NC 28778 Phone:(828)296-450MFAX:828 2997043 Internet:www.ncwaterauality.org 1 of the 3 violations of G.S. 143-215,1(a)(6) and NPDES Permit \ $100.00 No.NC0062413,by discharging waste water into the waters ofJ the State in violation of the Permit Daily Maximum limit for NH3-N-Conc. 1 of the 2 violations of G.S. 143-215.1(a)(6)and NPDES Permit $100.00 No.NC0062413,by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for TSS - Conc. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit $250.00 No.NC0062413,by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for BOD -Conc. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit $250.00 No.NC0062413,by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for NH3-N-Conc. 5 of the 5 violations of G.S. 143-215.1(a)(6)and NPDES Permit $500.00 No. NC0062413,by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for BOD- Conc. ` 1 of the 1 violations of G.S. 143-215.1(a)(6)and NPDES Permit $250.00 No.NC0062413,by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for TSS -Conc. $1,450.00 TOTAL CIVIL PENALTY $137.00 Enforcement Costs 1 587.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 2 82.1(b), which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority;and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice,you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual.statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status,directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing,and Stipulation of Facts"form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m.and 5:00 p.m.,except for official state holidays. The original and one(1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received in the Office of Administrative Hearings within five(5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone(919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30)days of receipt of this letter, as evidenced by an internal date/time received stamp(not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. ��' If you have any questions,please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely P Chuck Cranford,Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: Regional Supervisor w/attachments DWQ Central Files w/attachments DWQ Point Source w/attachments James&James Environmental/ORC w/attachments l S ti" i lc r4'�t<��i �atzr',R€i .rs1�itwi.(4 Ridge County Club JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2013-0007 County: Avery Assessed Party: Linville Ridge Country Club Permit No. : NC0062413 Amount Assessed: $1,587.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies(attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment,factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the j violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: �Vj STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF AVERY IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS LINVILLE RIDGE COUNTRY CLUB/ ) LINVILLE RIDGE CC WWTP ) ) PERMIT NO.NCO062413 ) FILE NO. LV-2013-0007 Having been assessed civil penalties totaling$1,587.00 for violation(s)as set forth in the assessment document of the Division of Water Quality dated January 15,2013,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty(30)days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. 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O O iG w d Q M C 41 0, 0 a L C d 6 O wx d m W c E a O O N d d u d D m w V d0)0 CA w A �O w H O d E ca E w > 0 0 0 Q a0i o 0 0 E ci r r d M M Oq N3 HL 44 pO O U Ch U w.. Q 0 0n N co T� E 10 T d 7 C a Q C U U a N N C C T N Y aD Z' (n O V U a N d r � 1 m CL N O O O > N N N _ J Z Q M N O) O C m o 'E .w E o E o 0 o m L r N N 10 p W am o 0 0 V LL N N N N jp U J J J ~ ���� �' �:.: ;... l`,, `` /; A5T NCDEMR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E, John E. Skvarla III Governor Director Secretary January 15,2013 Mel S.Cohen City of Morganton PO Box 3448 Morganton NC 28655 Subject: NOTICE OF VIOLATION NOV-2013-DV-0002 Permit No.WQCS00028 City of Morganton Morganton Collection System Burke County Dear Mr. Cohen: A review has been conducted of Morganton Collection System's self reported Sanitary Sewer Overflows (SSO's)5-Day Report submitted by the City of Morganton staff. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00028 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type CSO/SSO (Sewer Overflow) 12/26/2012 Sanitary Sewer Overflow Discharge Incident#201202042 13,500 gallons(Hunting Crk) Without Valid Permit Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should address the causes of noncompliance and take necessary actions to prevent the recurrence of similar situations. If you should have any questions,please do not hesitate to contact Linda Wiggs at 828-296-4500. f Sincerer, Chuck Cranford Surface Water Protection Section Supervisor Division of Water Quality Asheville Region Cc: DWQ ARO Files DWQ Central Files PERCS Unit S\.4WP\Rnrke\(nllentinn Svctrms\Mnroanton C'nllectinn Sv¢tem\NC)V-)nl l-11V-000?SSC)19-?6-1 7 dnr. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NG 28778 NOIrtllCarOlina Phone:(828)296-4500\FAX:828 299-7043 Internet:www.ncwaterauality.ora vVah rally 4t NCDE NR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary January 15,2013 John F. Lumpkin 908 Lake Shore Drive Topton,North Carolina 28781 Subject: 401 Water Quality Certification-Approval John Lumpkin, Lot 19 DWQ Project#2012-1149 Macon County LTN03 /Nantahala River(Nantahala Lake)/2-57-(22.5)/B; Tr Dear Mr. Lumpkin: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 45 Linear feet of shoreline for the purpose of stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers(USAGE). Authorization to proceed with your proposed impacts or to conduct impa.6%to waters as depicted in your application and as authorized by this Certification shall expire upon expiration rof the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any,,,&4er required federal, state or local permits before you proceed with your project including(but not limited to)P-r6gion and Sediment Control and Trout Buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters 45 (linear feet) Application Item 7. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\FAX:828-299-7043 NOi Internet:www,ncwaterquality.org thCa 01111d John F.Lumpkin January 15,2012 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at (828)296-4657. Sincerely, for Charles Wakild,P.E.,Director CWlkhb Enc: GC3898 Certificate of Completion cc: USACE Asheville Regulatory Field Office i WBSCP Unit—Central Office File Copy SASWP\Macon\401 s\Non-DOT\Lumpkin.Nantahala\Approval.Lumpkin.121149.1-15-2013.doc '&JA A NC©►ENR North Carolina Department of Environment and Natural Resources Division of Water Quality McCrory Charles Wakild,P.E. John E.Skvarla,(II .governor Director Secretary January 15,2013 Mr.Roger Bryan Division 13 Environmental Officer NC Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: EXEMPTION from Stormwater Management Permit Regulations NCSR 2166 Riddle Road Buncombe County Dear Mr.Bryan: The Asheville Regional Office of the Division of Water Quality received your Stormwater Management Permit Application for the widening of NCSR 2166 Riddle Road in Buncombe County on January 10,2013. Based on our review of the submitted project details you do not appear to be proposing a development activity at this location that would be subject to the stormwater requirements as provided for in Title 15A NCAC 02H.1000. Because the classification of the unnamed tributary to Ivy Creek is WSII;HQW,these activities are subject to Title 15A NCAC 02B .0104. Based on the application review,the proposed activities listed below,meet the requirements of the Title 15A NCAC 02B .0104. 1. Sheet flow on grass shoulders along the roadway. 2. Grassed roadway ditches. This exemption applies only to the State Stormwater Management Permit for the currently proposed activity. If at any time in the future,development of any part of this site is planned,as defined in 15A NCAC 02H.1000,or if the proposed activities differ in any manner from what is shown on the plans on file with the Division,you must submit the project for review of the applicability to the stormwater management rules. If you have any question concerning this matter,please contact me at(828)296-4500. Sincerely, Michael R.Parker Environmental Senior Specialist cc: Ed Green,Division 13,Maintenance Engineer Britt McCurry,Buncombe County Maintenance Engineer Transportation Permitting Unit File Copy DOT SW Exemption Letter NCSR 2166 Riddle Road -� North Carolina Division of Water Quality,Asheville Regional Office Location:2090 U S Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-7043 NofthC ar©llna Internet www.newaterquality,org An Equal Opportunity 1 Affirmative Action Employer ,.,,jJ '~e NK North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. Jahn E. Skvarla,lll Governor Director Secretary January 15,2013 Buncombe County DWQ Project 20130023 NCSR 2166(Riddle Road) Approval of 401 Water Quality Certification with Additional Conditions Mr.J.J. Swain,Jr.,P.E. Division 13 Engineer North Carolina Department of Transportation Post Office Box 3279 Asheville,North Carolina,28802 Dear Mr. Swain: You have our approval,in accordance with the conditions listed below,for the following impacts in an unnamed tributary of Ivy Creek for the purpose of widening and making improvements to NCSR 2166(Riddle Road)in Buncombe County: Stream Impacts in the French Broad River Basin Site Permanent Fill Stream Permanent Temporary Total Stream in Intermittent Relocation Fill in Impacts in Stream Impacts Stream (linear (linear ft) Perennial Perennial Impact Requiring ft) Stream Stream (linear ft) Mitigation linear ft (linear ft) (linear 1t) Site 1 0 0 10 10 20 0 Total 0 0 10 10 20 0 Total Permanent Stream Impacts for Project: 10 lin.ft.Total Temporary Stream Impacts for Project: 10 linear ft. The project should be constructed in accordance with your application dated January 7, 2013 (received January 9, 2013), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No.3886,corresponding to the U.S.Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre,or if total impacts to streams(now or in the SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanaa,North Carolina 28778 NorthCarolina Phone: 6 49001 FAX:828-299-7043 Internet:: www.ncwaterquality.org K An Equal Opportunity 1 Affirmative fiction Employer N�t'/rallff Mr.J.J. Swain,Jr.,P.E. January 15,2013 Page Two future)exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h)(6)and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. There shall be no excavation from,or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,they shall be removed and the natural grade restored upon completion of the project. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed,the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices. shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. ) c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. Unless otherwise approved in this certification,placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 5. For projects impacting waters classified by the NC Environmental Management Commission as Trout Jr),High Quality Waters(HQW),or Water Supply I or II(WSI,WSII)stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating storm water runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. 6. The permittee shall use/Design Standards in Sensitive Watersheds/[15A NCAC 4B.0124(a)-(e)] in areas draining to (WS-II,HQW,Trout)waters.However,due to the size of the project,NC DOT shall not be required to meet 15A NCAC 4B .0124(a)regarding the maximum amount of uncovered acres. Temporary cover(wheat,millet,or similar annual grain)or permanent herbaceous cover shall be planted on all bare soil within 15 business days of ground disturbing activities to provide erosion control. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas. For the establishment of permanent herbaceous cover,erosion control matting shall be used in conjunction with an J.J. Swain,Jr.,P.E. January 15,2013 Page Three appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control devices such as silt fence,temporary sediment ditches,basins,etc. Matting should be secured in place with staples, stakes,or wherever possible,live stakes of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid,which can impinge and entrap small animals. For the establishment of temporary groundcover within riparian areas,hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer-and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. 7. If multiple pipes or barrels are required,they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 8. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 9. The stream channel shall be excavated no deeper than the natural bed material of the stream,to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 10. The dimension, pattern and profile of the stream, above_ and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 11. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 12. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 13. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed,sized and installed. 14. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 15. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels,lubricants,hydraulic fluids,or other toxic materials. 16. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 17.Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 18. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 19. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 20. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 21. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. - 22. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. Mr.J.J. Swain,Jr.,P.E. January 15,2013 �. Page Four 23. The outside buffer,wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 24. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards(including any requirements resulting from compliance with §303(d)of the Clean Water Act)and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated,or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 25. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements,etc. 26. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 27. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the§401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings,6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, axles Wakild,P.E.,Director lu Division of Water Quality Attachments cc: Lori Beckwith,USAGE,Asheville Field Office Roger Bryan,Division 13,DEO Ben DeWit,Roadside Environmental Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 130023(Swain)NCSR 2166 Riddle Road A' VA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, RE. John E. Skvarla, III Governor Director Secretary January 16, 2013 President, Riverwind HOA, Inc. Riverwind Homeowners Association Inc. 30 Riverwind Drive Hendersonville, North Carolina 28739 Subject: NOTICE OF VIOLATION NOV-2013-LV-0040 Permit No. NCO076708 Riverwind Mobile Home Park WWTP Henderson County Dear Sir: A review of Riverwind Mobile Home Park's WWTP monitoring report for September 2012 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 09/26/2012 400#/100ml 2,550#1100ml Daily Maximum Broth,44.5C Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 8281296-4500. Sincerely, r + Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files Goldie &Associates/ORC S:\SWP\Henderson\Wastewater\Minors\Piverwind HOA 767081NOV-2013-1-V-0040,doc No"Carolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org FAX (828)299-7043 __ ,� l� L: �, AGmAr NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary January 16, 2013 Mr. Henry Keith Odom Magnolia Place 1 Ariel Loop Hendersonville, North Carolina 28792-9583 Subject: NOTICE OF VIOLATION NOV-2013-LV-0041 Permit No. NCO071862 Magnolia Place WWTP Henderson County Dear Mr. Odom: A review of Magnolia Place WWTP's monitoring report for September 2012 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 09/18/2012 400#1100ml 650#/100mI Daily Maximum Broth,44.5C Exceeded It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, /4' a Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files S:ISVVPIHandersoniWastewater\Minors\magnolia Place 7186211A0V-2013-LV-0041.doc NorthCarolina �atura!!� North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org FAX (828)299-7043 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary January 16,2013 Mr.J.B. Setzer,P.E. Division 14 Engineer N.C.Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection NCSR 1006 Howard Gap Road DWQ Project 2011-1101 TIP No.R-5207B Henderson County Dear Mr. Setzer: On January 3,2013,I inspected the construction work on Howard Gap Road in Henderson County. Construction work has started with clearing,grubbing,installation of sediment and erosion control measures and culvert installation. There was no work taking place at the time of inspection. Please ensure that all sediment and erosion control structures are being maintained as required and that seeding and mulching are being performed as needed,to protect State surface waters. Refer to the attached copy of the inspection report for additional comments regarding the inspection. If you have questions,please call me at 828-296-4500. Sincerely, Michael R.Parker Environmental Senior Specialist Attachment cc:Aaron Powell Mark Davis,Division 14,DEO Ben DeWit,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office Howard Gap Road R-5207 Inspection Letter January 2013 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NO 28778-8211 Phone:828-296-45001 FAX:828-299-7043R�,l 7. Internet:www.ncwaterguality.org NQrtl1C OIITI An Equal Opportunity's Affirmative Action Employer Natm,121111/ Wetland Inspection Report Project Num: 20111101 Version: 1 Status: Issued Project Name: NCDOT-SR 1006(R-5207B) Project Type: Road/Highway Widening County: Henderson Region: Asheville Location: NCDOT-SR 1006(R-5207B) Latitude: +35°23'44" Longitude: -82°29'16" SW Plan Location: Site Owner Name: NC DOT Division 14-Sylva Inspection Date: 01/03/2013 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: E Compliant fl Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: E Permit(401 WQC) Inspection Summary: Inspected project with NCDOT staff. Clearing and grubbing have been performed overe most of the project and some culvert work has started. Sediment and erosion control structures appear to be working properly. Seed and mulch all bare areas as required. There was no work taking place at the time of inspection. Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n n n Are the culverts andlor filled areas installed properly? n n n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n n n Comment: Work on the new bridge had not started. Page: 1 Z4J�A L1)" NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary January 16,2013 Mr.J.B. Setzer,P.E. Division 14 Engineer N.C.Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection-NCSR 1533 TIP No. B-4291 Transylvania County Dear Mr. Setzer: On January 3,2013,I inspected the construction work for the new bridge over the Davidson River on NCSR 1533 in Transylvania County. Minor work, such as drainage and approaches,are continuing on the new bridge project. Sediment and erosion control structures appear to be maintained and working properly. Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect State surface waters. A copy of the inspection report is attached to this letter. If you have questions,please call me at 828-296-4500. Sincerely, Michael R.Parker Environmental Senior Specialist Attachment cc:Aaron Powell,PE Mark Davis,Division 14,DEO Ben Dewit,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office (Setzer)NCSR 1533 B-4291 Inspection Letter January 2013 — SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-4500 t FAX:828-299-7043 One Internet:www.ncwatemuality.org NOI hCarohn An Equal Opportunity\Affirmative Action Employer J!?hmma1 y1J Site Inspection Report Site Number: WT000782 Site Name: B-4291 Site Address: County: Transylvania Region: Asheville Directions: Latitude: Longitude: Site Owner Name: Thorpe,Gregory J. Inspection Date: 01/03/13 Reason for Inspection: Routine Inspection Type: Site Inspection(DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): ��.. Facility compliance Status: Compliant Q Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: E Permit(401 WQC) Inspection Summary: The new bridge has been completed and contractor is work on drainage structures and bridge approaches. Seeding and muching appear to be completed. Sediment and erosion control structures appear to be working properly. Continue to maintain the sediment and erosion control structures as required. Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? 0 0 ❑ Cl Are the culverts and/or filled areas installed properly? N ❑ ❑ n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ❑ 0 D Comment: Page: 1 S 4 iph, NCDERR- North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E, Skvarla, III Governor Director Secretary January 16,2013 Mr.J.B. Setzer,P.E. Division 14 Engineer N.C.Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection NCSR 1783 Upward Road DWQ Project 08-1327 TIP No.R-4430 Henderson County Dear Mr. Setzer: On January 3,2013,I inspected the construction work on Upward Road between US Highway 176 and Howard Gap Road in Henderson County. Construction work is continuing all along Upward Road between Howard Gap Road and US Highway 176 with the main focus on grading,culvert installation and bridge construction. Please ensure that all sediment and erosion control structures are being maintained as required and that seeding and mulching are being performed as needed,to protect State surface waters. Please refer to the attached copy of the inspection report for additional comments regarding the inspection. If you have questions,please call me at 828-296-4500. Sincerely, Michael R.Parker Environmental Senior Specialist Attachment cc:Aaron Powell Mark Davis,Division 14,DEO Ben DeWit,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office Upward Road R-4430 Inspection Letter January 2013 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 ��� Internet:www.ncwaterguality.org t 1 An Equal Opportunity1,Affirmative ActionEmployer No �1Carolina ,V11f11r11'1.C1,1 Wetland Inspection Report Project Num: 20081327 Version: 1 Status: Issued Project Name: NCDOT-SR 1783(R-4430) Project Type: Road/Highway Widening County: Henderson Region: Asheville Location: NCDOT-SR 1783(R-4430) Latitude: +35'17'51" Longitude: -82°24'25" SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 01/03/2013 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): f.� Facility compliance Status: M Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: 0 Permit(401 WQC) Inspection Summary: Reviewed project with NCDOT staff. Repair silt fence at Bat Fork Creek bridge site. Repair silt fence at 72"pipe at Rt.65+00. repair silt fence at the 48"pipe outlet at Rt.79+25. Install erosion control measures and repair silt fence near Asheville Packing Company. Ensure that contractor is inspecting project after every 0.5 inch precipitation event and at least once per week. Maintain sediment and erosion control measures as required. Seed and mulch all bare areas as required. I have been informed that contractor worked on these items after the inspection and the problems have been repaired. Page: 1 Project Mum: 20081327 Owner: NC DOT PDEA A Inspection Date: 01/03/2013 Inspection Type: Site Inspection(DOT) Reason for Visit: Routine Permit(401_WQC_) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? Q n n Are the culverts and/or filled areas installed properly? n Cl n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n n n Comment: Sediment was washing under silt fence at 72" pipe at Rt. 65+00. Page: 2 A �A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E.Skvarla, III Governor Director Secretary January 16,2013 Mr.J.B. Setzer,P.E. Division 14 Engineer N.C.Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection NC Highway 107 TIP No.B-3480 Jackson County Dear Mr. Setzer: On January 9,2013,I inspected the construction work for the new bridge over the Tuckasegee River on NCSR NC Highway 107 in Jackson County. The contractor was setting beams on the new section of the bridge. Sediment and erosion control structures appear to be maintained and working properly. r Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect State surface waters. A copy of the inspection report is attached to this letter. If you have questions,please call me at 828-296-4500. Sincerely, Michael R.Parker Environmental Senior Specialist Attachment cc:Mitchell Bishop,PE Mark Davis,Division 14,DEO Ben DeWit,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office (Setzer)NC Highway 107 B-3480 Inspection Letter January 2013 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-29B-45001FAX:828-299-7043 One Intemet:www.ncwaterpuality.on NOrthCarOhna An Equal Opportunity\Affirmative Action Employer ;Viditr l f/ Site Inspection Report Site Number: WT000784 Site Name: B-3480 Site Address: County: Jackson Region: Asheville Directions: NC Highway 107 approximatelly three miles south of Culowhee Latitude: Longitude: Site Owner Name: NCDOT Inspection Date: 01/09/13 Reason for Inspection: Routine Inspection Type: Site Inspection(DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: ■ Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: E Permit(401 WQC) Inspection Summary: Reviewed Project with NCDOT staff. Contractor was setting beams on the new section of bridge. Sediment and erosion control measures appeared to be working properly. Seed and mulch all bare areas as required. Permit(401 WQC_) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n n n Are the culverts and/or filled areas installed properly? n n n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n n n Comment: Page: 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild,P.E. John E. Skvarla, III Governor Director Secretary January 16,2013 Madison County DWQ Project 20130031 NCSR 1179(Meadow Fork School Road) Approval of 401 Water Quality Certification with Additional Conditions Mr. J.J. Swain,Jr.,P.E. Division 13 Engineer North Carolina Department of Transportation Post Office Box 3279 Asheville,North Carolina,28802 Dear Mr. Swain: You have our approval,in accordance with the conditions listed below,for the following impacts in an unnamed tributary of Meadow Fork for the purpose of widening and making improvements to NCSR 1179(Meadow Fork School Road)in Madison County: Stream Impacts in the French Broad River Basin Site Permanent Fill Stream Permanent Temporary Total Stream in Intermittent Relocation Fill in Impacts in Stream Impacts Stream(linear (linear ft) Perennial Perennial Impact Requiring ft) Stream Stream (linear ft) Mitigation linear ft linear ft linear ft Site 1 0 0 20 25 45 0 Total 0 1 0 20 25 45 0 Total Permanent Stream Impacts for Project:20 tin.ft.Total Temporary Stream Impacts for Project:25 linear ft. The project should be constructed in accordance with your application dated January 7,2013 (received January 14,2013), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3886, corresponding to the U.S.Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Noll-Discharge and Water Supply Watershed regulations. SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One �- Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOI thCarohna Phone:828-296-45001 FAX:828 299-70A3 �u'/N���� Internet: www.ncwaterquality.org Na An Equal Opportunity t Affirmative Action Employer Mr.J.J. Swain,Jr.,P.E. January 16,2013 Page Two i This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future)exceed one acre, or if total impacts to streams (now or in the future)exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h)(6)and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,they shall be removed and the natural grade restored upon completion of the project. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, ar'^`) maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Contr'- Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the proj ect. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. Unless otherwise approved in this certification,placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches,to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 5. This project has the potential to impact trout waters. No construction activities shall begin until the NCWRC makes a determination regarding moratoria. Should the NCWRC determine that a moratorium is applicable,then the requirements of any moratorium shall be a condition of this 401 Certification. If NCDOT does not wish to honor the moratorium,then a written modification shall be requested. \ Mr.J.J. Swain,Jr.,P.E. January 16,2013 Page Three 6. For projects impacting waters classified by the NC Environmental Management Commission as Trout(Tr),High Quality Waters(HQW),or Water Supply I or 11(WSI, WSII)stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating storm water runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. 7. The permittee shall use/Design Standards in Sensitive Watersheds/[15A NCAC 4B.0124(a)-(e)] in areas draining to (HQW)waters.However,due to the size of the project,NC DOT shall not be required to meet 15A NCAC 4B .0124(a)regarding the maximum amount of uncovered acres. Temporary cover(wheat,millet,or similar annual grain)or permanent herbaceous cover shall be planted on all bare soil within 15 business days of ground disturbing activities to provide erosion control. Tall fescue shall not be used in the establishment of temporary or permanent groundeover within riparian areas. For the establishment of permanent herbaceous cover,erosion control matting shall be used in conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control devices such as silt fence,temporary sediment ditches,basins,etc. Matting should be secured in place with staples, stakes,or wherever possible,live stakes of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid,which can impinge and entrap small animals. For the establishment of temporary groundcover within riparian areas,hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer-and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. = 8. If multiple pipes or barrels are required,they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 9. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 10. The stream channel shall be excavated no deeper than the natural bed material of the stream,to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 11. The dimension,pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 12. Native riparian vegetation(e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods,black walnut and red maple)must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 13. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 14. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed,sized and installed. 15. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 16. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants,hydraulic"fluids,or other toxic materials. "= 17. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted -' for approval. Mr.J.J. Swain,Jr.,P.E. January 16,2013 Page Four 18.Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 19. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 20. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 21. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 22. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 23. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 24. The outside buffer,wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 25. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards(including any requirements resulting from compliance with §303(d)of the Clean Water Act)and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated,or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 26. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements,etc. 27. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 28. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the§401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings,6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. Mr.J.J. Swain,Jr.,P.E. January 16,2013 Page 5 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, A—Charles Wakild,P.E.,Director Division of Water Quality Attachments cc: Lori Beckwith,USAGE,Asheville Field Office Roger Bryan,Division 13,DEO Ben DeWit,Roadside Environmental Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 130031(Swain)NCSR 1179 Meadow Fork School Road a�C`�' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary January 16, 2013 Mr. David S. Wack, Director of Plant Services Fletcher Academy Inc. P.O. Box 5335 Fletcher, North Carolina 28732 Subject: NOTICE OF VIOLATION NOV-2013-LV-0042 Permit No. NCO036641 Fletcher Academy WWTP Henderson County Dear Mr. Wack: A review of Fletcher Academy WWTP's monitoring report for September 2012 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Nitrogen, Ammonia Total 09/30/2012 3.8 mg/I 4.13 mg/I Monthly (as N) -Concentration Average Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, E '/eq' Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James &James Environmental/ORC S:\SWP\HendersonlWastewater\Minors\Fietcher Academy 3664 I',NOV-2013-LV-0042.doc One AthCaro i a atura North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterauality.ora FAX (828)299-7043 `\-/ i-�\ I �:. .i A�►��� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild John E. Skvarla, III Governor Director Secretary January 16,2013 Mr.J.B. Setzer,P.E. Division 14 Engineer N.C.Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection-NC Highway 28 DWQ Project 09-0451 TIP No.R-2408B Macon County Dear Mr. Setzer: On January 9,2013,I inspected the construction work on NC Highway 28 in Macon County. Construction continues along the southern half of the project with grading,culvert and pipe installation and paving. There was no construction activity during the inspection. Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached to this letter. If you have questions,please call me at 828-296-4500. Sincerely, r �/�, WZ11-- Michael R.Parker Environmental Senior Specialist Attachment cc: W.Trent Anderson Mark Davis,Division 14,DEO Ben DeWit,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office (Setzer)NC Highway 28 Inspection Letter January 2013 SURFACE WATER PROTECTION SECTION-Asheville Regional Office 2090 U.S.70 Highway.Swannanoa,NC 28778-8211 Phone:828-29645001 FAX:828-299-7043 One Internet:www.nnity eAffirmative irmatiy Action NorthCarollna An Equal Opportunity!AffirmativeAction Employer Naturmlill Wetland Inspection Report Project Num: 20090451 Version: 1 Status: Issued Project Name: NCDOT-NC 28 on SR 1323 (R-2408) Project Type: Road/Highway Widening County: Macon Region: Central Location: NCDOT-NC 28 on SR 1323 (R-2408) Latitude: +35'13'26" Longitude: -83°23'54" SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 01/09/2013 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector:. Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: E Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: E Permit(401 WQC) Inspection Summary: Project appeared to be shut down as there was no work taking place during the inspection. The area had been mulched with straw. Sediment and erosion control structures appear to be working properly. Continue to maintain sediment and erosion control measures and seed and mulch as required. Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? 0 ❑ ❑ 0 Are the culverts and/or filled areas installed properly? ❑ Cl ❑ Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n Fl Comment: Page: 1 A 4 7%)A, w�► �.. RUNK North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild John E. Skvarla, III Governor Director Secretary January 16,2013 Mr.J.B. Setzer,P.E. Division 14 Engineer N.C.Department of Transportation` 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection-Bridge No.2 TIP No.BD-5114F NCSR 1112 Clay County Dear Mr. Setzer: On January 9,2013,I inspected the construction work on Bridge No.2 on NCSR 1112 in Clay County. Bridge construction was underway at the time of inspection. Sediment and erosion control structures appeared to be working properly. Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached to this letter. If you have questions,please call me at 828-296-4500. Sincerely, Michael R.Parker Environmental Senior Specialist Attachment cc: W.Trent Anderson Mark Davis,Division 14,DEO Ben DeWit,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office (Setzer)Bridge No.2 NCSR 1112 Inspection Letter January 2013 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-4500\FAX:828-299-7043 One Internet:www.ncwaterguality.org NOTt11C 011I1a An Equal Opportunity 1 Affirmative Action Employer Site Inspection Report Site Number: WT000957 Site Name: Bridge#2 NCSR 1112 Young Harris Road Site Address: 253 Webster Rd County: Clay Region: Asheville Directions: Latitude: Longitude: Site Owner Name: NCDOT Division 14 Inspection Date: 01/09/13 Reason for Inspection: Routine Inspection Type: Site Inspection(DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspectpr(s): - x Facility compliance Status: Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: E Permit(401 WQC) Inspection Summary: Inspected Bridge Construction with NCDOT Inspectors. Site appeared to be in good condition. Sediment and erosion control measures appeard to be operating properly. Continue to maintain sediment and erosion control measures as required. Permit 401 WQC Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? 0 n n n Are the culverts and/or filled areas installed properly? n n n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n n n Comment: Page: 1 :T4 ll I cr) North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild,P.E. John E. Skvarla, Ili Governor Director Secretary January 17,2013 Mr.J.J.Swain,Jr.,P.E. Division 13 Engineer North Carolina Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Permit No. SW1130101 NCSR 1179 Meadow Fork School Road State Stormwater Permit N C Department of Transportation Madison County Dear Mr.Swain: The Asheville Regional Office received a completed Stormwater Application for the subject project on January 14, 2013. Staff review of the plans and specifications has determined that the project,as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. S W 1130101 dated January 17,2013 to the NC Department of Transportation for the proposed widening and paving of NCSR 1179 over an unnamed tributary to Meadow Fork.in Madison County. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty(30)days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Mr. Mike Parker at(828) 296-4500. Sincerely, 1 , Chuck Csibnford,Regional Supervisor Surface Water Protection Section Asheville Regional Office SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One,1, Location:2090 U.S.Highway 70,.Swannanoa,North Carolina 28778 NOl L11C01111a Phone::28-296-4500kwww.nowaterqualfty.org FAX:828-299-7043 RtlirR�Cl,� Internet: www.ncwaterquality.org An Equal Opportunity\Affirmative Action Employer Mr.J.J. Swain,Jr.,P.E. January 17,2013 Page Two cc:Chris Deyton,Madison County Maintenance Engineer Ed Green,Division 13 Maintenance Engineer Yates Allen,Division 13 Environmental Specialist DWQ Transportation Permitting Unit Mike Parker,Asheville Regional Office State Stormwater Management Systems Permit No.SW1130101 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT STORIAWATER PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws,Rules,and Regulations PERMISSION IS HEREBY GRANTED TO NC Department of Transportation Madison County FOR THE Construction of a public road/bridge in compliance with the provisions of 15A NCAC 2H.1000 (hereafter referred to as the "stormwater rules')and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit for the widening and paving of Meadow Fork School Road over an unnamed tributary to Meadow Fork on NCSR 1179 in Madison County. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: L DESIGN STANDARDS 1. The amount of impervious surface has been minimized as much as possible. 2. The runoff from the impervious areas has been diverted away from surface waters as much as possible. 3. Best management Practices are employed which minimizes water quality impacts. 4. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 5. Vegetated roadside ditches will be 3:1 slopes or flatter. 6. The project will have sheet flow on grass shoulders and grassed roadway ditches. II. SCHEDULE OF COMPLIANCE 1. The permittee shall at all times provide adequate erosion control measures in conformance with the approved Erosior.____� Control Plan. 2. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 3. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. - 4. The permittee shall submit to the Director and shall have received approval for revised plans,specifications,and calculations prior to construction for the following items: a. Major revisions to the approved plans, such as road realignment, deletion of any proposed BMP, changes to the drainage area or scope of the project,etc. b. Project name change. C. Redesign of,addition to,or deletion of the approved amount of built-upon area,regardless of size. d. Alteration of the proposed drainage. 5. The Director may determine that other revisions to the project should require a modification to the permit. , III. GENERAL CONDITIONS 1. This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee,documentation from the parties involved,and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with the terms and conditions of this permit until such time as the Director approves the transfer. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Perimittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6(A) to 143- 215.6(C). 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal), which have jurisdiction. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit,or terminating the permit as allowed by laws,-rules,and regulations contained in Title 15A of the North Carolina Administrative Code,Subchapter 2H.1000;and North Carolina General Statute 143-215.1 et.al. 5. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification,revocation and reissuance or termination does not stay any permit condition. 6. The permit issued shall continue in force and effect until revoked or terminated. 7. The permittee shall notify the Division of any name,ownership or mailing address changes within 30 days. Permit issued this the 17th day of January 2013. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Charles Wakild,P. .Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW1130101 DOT NCSR 1179 Meadow Fork School Road SW 1130101 �\ �� ``:i \�, •�'ryi;yn.�vi,�� t.•'etc,YhY.0 3:':®.. •:�{'•liF::_ ..,m..;ees. %i'ei±r.�= - '.:i;e•:;yc:e.;7...::3d.::_::_y:. Date Received Fee Paid PPrrnit'1Vtualer $505 00(INTERNAL TRANSFER) SW1130101 _1 7 State of forth Carolina r" Department of Environment and Natural Resott�rces Division of Water QualityJAN ) b , l - 1 j STORMWATER MANAGEMENT PERMIT APPUCA ON RM _ Vet-,i�-: .. r._P•i LINEAR ROADWAY PROJECT `" ,4 ,_ is form may be photocopied for use as an IDWO Stormwater Management Plan Review' A complete stormwatier management plan submittal includes this application form,a supplement form far each PIMP proposed(see Section V),design calculations,and plans and specifications showing all road and BUT details. L PROJECT INFORMATION NCDOT Project Number: 13C.057122 County bison Project Name:SR 1179 Meadow Fork School Road)Secondary Road Improvement ' Project Location:SR 1179 is located off SR 1175(Meadow Rork Road)a roximate1 0 3 mile south of Ioe jContact Person:Yates Allen Phone:82$-251-6171 Fax: Receiving Stream Name.-UT to Meadow Fork River Basin:French Broad Class:CLI ORS Proposed linear feet of project:1056 Proposed Structural BMP and Road Station(attach a list of station and BMP type if more room is needed): No structural BMP's are proposed. The pro iect will have sheet flow on Wass shoulders and Grassed roadway ditches Type of proposed project-(check all that apply): ❑New ®Widening 021anc* [14 lane* ElCurb and Gutter ❑13ridge Replacement 90ther(Describe)Ff tden,Qrade.drain and naue to current NCD�T Seeondary Road Standards *2 lane and 4 lane imply that roadside ditches are used unless Curb and Gutter is also checked 11. REQUIRED ITEMS CHECKLIST Initial in the space provided below to indicate the following design requiremeats have been met and supporting documentation is attached. Supporting documentation shall,at a minimum,consist of a brief narrative description including(1)the scope of the project,(2)how the items below are met,(3)how the proposed best management practices minimize water quality impacts,and(4)any significant constraints and/or justification for not meeting a,b,c and d to the maximum extent practicable. Designer's initials �a• The amount of impervious surface has been minimized as much as possible. i_b. The runoff from the impervious areas has been diverted away from surface waters as much as possible. _G3b �c. Best Management Practices are employed which minimize water quality impacts. . CID d. Vegetated roadside ditches are 3.1 slope or flatter. V— qVVAA1-1J1'nnTTinvarR 1 Pon-! nf,) M. OPERATIONAAND MAINTENANCE AGREEMENT I acknowledge and agree by my initials below that the North Carolina Department of Transportation is responsible for the implementation of the four maintenance items listed. I agree to notify DWQ of any operational problems with the BMP's that would impact water quality or prior to making any changes to the system or responsible party. Maintenance Engineer's Initials a. BMF's shell be inspected and maintained in good working order. CSP b. Eroded areas shall be repaired and reseeded as needed. C$D c. Stormwater collection systems,including piping,inlets,and outlets,shall be maintained to insure proper functioning. Maintenance Engineer's Name:Chris Deyton Title: Madison County Maintenance Engineer i I IV. APPLICATION CERTIFICATION 1,(print or type name)Yates Allen of Division 13-Division Office Brandy certify that the information included on this permit application form is,to the best of my knowledge,correct and that the project will be constructed in conformance with the approved plans and that the proposed project complies with the requirements of 15A NCAC 2I4.1000. f Title:Divisipn Environmental Specialist Address:P.O.Box 3279 Asheville NC 28802 Signature: Date: Iq IT { V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s)listed below must be submitted for each BW specified for this project. Contact the Stormwater and General Permits Unit at(919)733-5083 for the status and availability of these forms. Form SW401-Low Density Low Density Supplement j Form SW401-Curb Outlet System Curb Outlet System Supplement Form SW401-Off-Site System Off-Site System Supplement Form SW401-Wet Detention Basin Wet Detention Basin Supplement Form SW401-Infiltration Basin Infiltration Basin Supplement Form SW401-Infiltration Trench Underground Infiltration Trench Supplement Form SW401-Biorebention Ce71 Bioret ention Cell Supplement Form SW401-Level Spreader Level Spreader/Filter Strip/Restored Riparian Buffer(supplement Form SW401-Wetland Constructed Wetland Supplement Form SW401-Grassed Swale Grassed Swale Supplement Form SW401Sand Filter Sand Filter Supplement Fnrm C\Erd(It 1J('Tll1T 1 InP¢M RnaAwau RP.f/ Foss.7 nf'T ,r....a ems. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary January 17,2013 Mr.J.J. Swain,Jr.,P.E. Division 13 Engineer N.C.Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Inspection TIP No. B-5113 C Bridge No. 146 NCSR 2173 Buncombe County Dear Mr. Swain: On January 8,2013,1 inspected the construction work on TIP Project No.B-5113C,Bridge No. 146,over Stony Fork Creek,on NCSR 2173,in Buncombe County. The inspection included a review of the construction and compliance with the 401 Water Quality Certification. Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection report for any specific items noted during the inspection. If you have questions,please call me at 828-296-4500. Sincerely, r Michael R.Parker Environmental Senior Specialist Attachment cc: Cole Hood,PE Roger Bryan,Division 13,DEO Ben DeWit,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office B-5113C Bridge No.146 January 2013 Inspection Letter SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-4500\FAX:828-299-7043 One Intemet:www.ncwaterguality.org 1V Q Carolina An Equal Opportunity t Affirmative Action Employer W u all Site Inspection Report Site Number: WT000635 Site Name: BD-5113C Bridge No. 146 Site Address: PO Box 3279 County: Buncombe Region: Asheville Directions: Latitude: Longitude: Site Owner Name: NCDOT Division 13 Inspection Date: 01/08/13 Reason for Inspection: Routine Inspection Type: Site Inspection(DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: Permit(401 WQC) Inspection Summary: Contractor has completed one halt of the bridge and is working on the end bents for the next phase of the project. Sediment and erosion control structures appear to be functioning properly Continue to maintain sediment and erosion control structures and seed and mulch as required. Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? 0 .❑ ❑ Are the culverts and/or filled areas installed properly? 0 ❑ ❑ Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ❑ n 0 Comment: Page: 1 AL74 J'�AA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John. E.Skvaria, III Governor Director Secretary January 17,2012 Mr.J.J. Swain,Jr.,P.E. Division 13 Engineer N.C.Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Inspection TIP No.B-5113C Bridge No. 140 NC Highway 197 Mitchell County Dear Mr. Swain: On January 8,2013,1 inspected the construction work on TIP Project No.B-5113C,Bridge No. 140,over Big Rock Creek,on NC Highway 197,in Mitchell County. The inspection included a review of the construction and compliance with the 401 Water Quality Certification. Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection report for any specific items noted during the inspection. If you have questions,please call me at 828-296-4500. Sincerely, Michael R.Parker Environmental Senior Specialist Attachment cc: Cole Hood,PE Roger Bryan,Division 13,DEO Ben DeWit,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office B-5113C Bridge No,140 January 2013 Inspection Letter SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296.45001 FAX:828-299-7043 One Internet:www.ncwatemualitv.org NQrthCar011na An Equal Opportunity!Affirmative Action Employer /i a`uyal 1/ Site Inspection Report Site Number: WT000492 Site Name: B-5113C Bridge No. 140 Site Address: County: Mitchell Region: Asheville Directions: Latitude: Longitude: Site Owner Name: NCDOT Division 13 Inspection Date: 01/08/13 Reason for Inspection: Routine Inspection Type: Site Inspection(DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: Compliant n Not Compliant \ Program Area: 401 (includes isolated/non-404) Question Areas: Permit(401 WQC) Inspection Summary: Contractor was working on micropiles on the south side of Big Rock Creek. Sediment and erosion control measures appeared to be working properly. Continue to maintain sediment and erosion control structures. Seed and mulch bare areas as required. Permit(401_WQC_) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n 00 Are the culverts and/or filled areas installed properly? n n n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n n n Comment: Page: 1 �93 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild John E. Skvarla, III Governor Director Secretary January 17,2013 Mr.J.B. Setzer,P.E. Division 14 Engineer N.C.Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection-Bridge No. 89 UP No.BD-5114V NCSR 1356 Lee Cudd Road Polk County Dear Mr. Setzer: On January 14,2013, I inspected the construction work on Bridge No. 89 on NCSR 1356 in Polk County. Construction was underway with the contractor drilling shafts and working on end bent forms. Sediment and erosion control structures appeared to be working properly. F Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached to this letter. If you have questions,please call me at 828-296-4500. Sincerely, r l_ Michael R.Parker Environmental Senior Specialist Attachment cc:Aaron Powell,P.E. Mark Davis,Division 14,DEO Ben DeWit,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office (Setzer)Bridge No.89 NCSR 1356 Inspection Letter January 2013 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296--45001 FAX:828-299-7043 One Internet:www.nmaterauality.ora NorthCarollna An Equal Opportunity 1 Affirmative Action Employer ,1�tl�lll"Lt��ll'. Site Inspection Report Site Number: WT000959 Site Name: Bridge No.89 NCSR 1356 Lee Cudd Road Site Address: 253 Webster Rd County: Polk Region: Asheville Directions: Latitude: Longitude: Site Owner Name: NCDOT Division 14 Inspection Date: 01/14/13 Reason for Inspection: Routine Inspection Type: Site Inspection(DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: N Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: 0 Permit(401 WQC) Inspection Summary: Inspected site with NCDOT Inspectors. Contractor working on drilling shafts and forms for end bent. Sediment and erosion control measures appeared to be functioning properly. Continue to maintain sediment and erosion control measures and seed and mulch as required. Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ n n n Are the culverts and/or filled areas installed properly? ■ Cl ❑ n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ■ n n n Comment: Page: 1 _4 NCDENIt Noah Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild John E. Skvarla, III Governor Director Secretary January 17,2013 Mr.J.B. Setzer,P.E. Division 14 Engineer N.C.Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection-Bridge No.3 TIP No.BD-5114M NCSR 1102 Pearson Falls Road Polk County Dear Mr. Setzer: On January 14, 2013,I inspected the construction work on Bridge No. 3 on NCSR 1102 in Polk County. Construction was underway with minor grading and the contractor moving in equipments. Sediment and erosion control structures appeared to be working properly. Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached to this letter. If you have questions,please call me at 828-296-4500. Sincerely, au" Michael R.Parker Environmental Senior Specialist Attachment cc:Aaron Powell,P.E. Mark Davis,Division 14,DEO Ben DeWit,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office (Setzer)Bridge No.3 NCSR 1102 Inspection Letter January 2013 t SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 One Internet:www.ncwaternuality.ora NplthCil1011n An Equal Opportunity',Affirmative Action Employer Natlt'l'LL1Ay Site Inspection Report Site Number: WT000958 Site Name: Bridge#3 NCSR 1102 Pearson Falls Road Site Address: NCDOT Division 14 County: Polk Region: Asheville Directions: Latitude: Longitude: Site Owner Name: NCDOT Division 14 Inspection Date: 01/14/13 Reason for Inspection: Routine Inspection Type: Site Inspection(DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: i Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: Permit(401 WQC) Inspection Summary: Inspected site with NCDOT Inspector. (RK&K) Minor grading had taken place and contractor was moving in equipment. Sediment and erosion control measrues appeared to be functioning properly. Continue to maintain sediment and erosion control structures and seed and mulch as required. Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? m n n n Are the culverts and/or filled areas installed properly? ❑ 11 El Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n n n Comment: Page: 1 A3RAw. NCDE N North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild,P.E. John E. Skvarla,III Governor Director Secretary January 17,2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2209 Ms. Cathy Childrey Mizpah Healthcare Inc. Mountain View Assisted Living P.O.Box 1029 Marion,North Carolina 28752-1029 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2013-LV-0044 Mountain View Assisted Living WWTP NPDES Permit No.NCO074110 Henderson County Dear Ms. Childrey: A review of the September 2012 self-monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 09/26/2012 001 BOD 9.9 mg/L 7.5 mg/L 09/30/2012 001 BOD 5.76 mg/L 5 mg/1, A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE)is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NCO074110. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance,or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the September 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period,a civil penalty assessment may be prepared. c SURFACE WATER PROTECTION SCC11ON-AS.HL VILLE REGIONAL OFFICE Location 2090 U S.Highway 70,Swannanoa,North Carolina 28778 One Phone 828-N6 4500\Fay 828-299-7041--l-^- NorthCarolina Internet.http://Portal.nedenr.orglweb/wq NIM111,R.rl11 An Equal Opportunity',.Affirmative Action Employer--50%Reeyeted,'10%Post Consenter paper /1, Ms. Cathy Childrey January 17,2013 Page Two Remedial actions,if not already implemented, should be taken to correct any problems. The Division oft, Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems,and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford,Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch 5:.54�1;If�n i rs ',le a t tater'11 m.rn`,R$otftC,iir Vices Assisted I ivin 74'110N,NOV N-1 1.-2013-l.V-0044.di)c _ FWA NODE NR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat GoveMcCrnor Charles Wakild,P.E. John E. Skvarla,III Governor Director - Secretary January 17,2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2193 Ms. Cathy Childrey Mizpah Healthcare Inc. Henderson's Assisted Living VJWTP P.O.Box 1029 Marion,North Carolina 28752-1029 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2013-LV-0043 Henderson's Assisted Living WWTP NPDES Permit No.NCO071897 Henderson County Dear Ms. Childrey: A review of the September 2012 self-monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Reported Value Permit Limit 09/06/2012 001 BOD 10.4 mg/L 7.5 mg/L 09/30/2012 001 BOD 5.5 mg/L 5 mg/L 09/30/2012 001 Ammonia Nitrogen 2.82 mg/L 2 mg/L A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE)is being issued for the noted violation of North Carolina General Statute(G.S.) 143-215.1 and NPDES Permit No.NC0071897. Pursuant to G.S. 143-215.6A,a civil penalty of not more than twenty-five thousand dollars($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance,or discuss overall compliance please respond in writing within ten(10)days after receipt of this Notice. A review of your response will be considered along with any information provided on the September 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period,a civil penalty assessment may be prepared. SURFACE WATER PROTECTION SECTION—ASH[VILLE REGIONAL OFFICE Location:2090 U.S_Highwm 70,%anntutua.Notch Carolina 28778 One Phone:828-296-4700\Pax:828-299-7043 NOrtllCaTO/1111 Internet;http://portal ncdenr org/web/w �'I�W111rxlfll An Equal Opportunity ,Atfinnative Action Employer-50%Recycled,,10%Post Cowunrer paper Ms. Cathy Childrey January 17,2013 Page Two Remedial actions,if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems,and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, F } 7 v Chuck Cranford,Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch ti:`S4t'!":[Iender;on:«%a.tc4 ster'•; lmur...[1�.ndcrc�fa's=1ssitedC.ivin±;"t189'�t.�k=ti�F�t)1 -LV-404�.do� i 44 NCD North Carolina Department of Environment and Natural Resources Division.of Water Quality Pat McCrory Charles Wakild,P.E. John E. Skvarla,III Governor Director Secretary January 17,2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2186 Mr.David R.Nicholson Highlands Falls Community Association Highlands Falls Country Club WWTP 290 Skylake Road Highlands,North Carolina 28741 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2013-LV-0045 Highlands Falls Country Club WWTP NPDES Permit No.NC0051381 Macon County Dear Mr.Nicholson: A review of the September 2012 self-monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 09/04/2012 001 Fecal coliform 570#/ 1.00 ml 400#/ 100 ml 09/18/2012 001 Fecal coliform 530#/ 100 ml 400#/ 100 ml A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE)is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.N00051381. Pursuant to G.S. 143-215.6A,a civil penalty of not more than twenty-five thousand dollars($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms,conditions,or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance,or discuss overall compliance please respond in writing within ten(10)days after receipt of this Notice. A review of your response will be considered along with any information provided on the September 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. rF SURFACE 61'MIR PROTECTION sFC"r10N—ASHF.V11IT'RMONALOFFICF �✓ Location:2090 U.S.Highway 70.Swannanoa,,North Carolina 29778 One Phone:828-296-4500\Fax:828 299-7043 NorthCarolina Internet htta://portal.ncdenr.org/web/wg atlltaljl/ An Gqual Opportunity Affirmative Action pmplcver—50%Recyc1eccU10'%Post Cw urner paper - Mr. David R.Nicholson January 17,2013 Page Two Remedial actions,if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations.If the violations are of a continuing nature,not related to operation and/or maintenance problems,and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, r at F V Chuck Cranford,Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch SaSt4I'av[ae�n.�l't teciat linorOlfig"Mands Falls C untry Club iq 81 NOV-iNRE-2013-1-V-0i)45.doc {! `r� . ..�"A� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary January 17,2013 Mr.J.J. Swain,Jr.,P.E. Division 13 Engineer N.C.Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Inspection-US Highway 221 DWQ Project 08-1809 Individual Certification No.3784 TIP Nos.R-2233AA and AB Sections Rutherford County Dear Mr. Swain: On January 14,2013,I inspected the construction work on the US Highway 221 Project,R-2233AA and AB Sections,in Rutherford County. Construction continues along most of the project with heavy grading,bridge construction,pipe installation,roadbed preparation and paving. Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection reports for any specific items noted during the inspection. If you have questions,please call me at 828-296-4500. Sincerely, Michael R.Parker Environmental Senior Specialist Attachment cc:Brian C. Skeens,PE Roger Bryan,Division 13,DEO Ben DeWit,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office US Highway 221January 2013 Inspection Letter SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa.NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 One Internet:www.ncwatemualiri.org NOt'tf1Carol1na An Equal Opportunity k Affirmative Action Employer )Vertu t llff Wetland Inspection Report Project Num: 20081809 Version: 1 Status: Issued Project Name: NCDOT-US 221 (R-2233a) Project Type: Road/Highway Widening _, County: Rutherford Region: Central Location: NCDOT-US 221 (R-2233a) Latitude: +35°12-21" Longitude: -81°50'18" SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 01/14/2013 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: M Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: Permit(401 WQC) Inspection Summary: Inspected both AA and AB Sections from NC-SC State Line to end of project. As construction progresses ensure that proper controls are in place to protect Floyds Creek during the new bridge construction. There is a lot of bare area just north of Floyds Creek. Continue to maintain sediment and erosion control structures. Seed and mulch all bare areas as required. Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n n n Are the culverts and/or filled areas installed properly? n ❑ ❑ Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n n n Comment: i Page: 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Waklid, P.E. John E. Skvarla, III Governor Director Secretary January 17,2013 Mr.J.J. Swain,Jr.,P.E. Division 13 Engineer N.C.Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Inspection-US Highway 19 DWQ Project 07-1134 Individual Certification No.3706 TIP Nos.R-2519A Yancey County Dear Mr. Swain`. On January 8,2013,I inspected the construction project on the US Highway 19 Project in Yancey County. Construction continues along most of the project with heavy grading,utility construction and culvert installation. It's important that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection report for any specific items noted during the inspections. If you have questions,please call me at 828-296-4500. Sincerely, 9� p /z Michael R.Parker Environmental Senior Specialist Attachment cc: Randy McKinney,PE Roger Bryan,Division 13,DEO Ben DeWit,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office US 19 R-2519A January 2013 Inspection Letter SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 One www.ncwaterpuality Ac NOrthCarQllna An Equal dpportunity 1 Affrma6ve Action Employer Wetland Inspection Report Project Num: 20071134 Version: 6 Status: Issued Project Name: NCDOT-US 19/US 19E R-2518 A,R-2518 B& project Type: Road/Highway Widening R-2519A County: Madison Region: Asheville Location: NCDOT-US 19/US 19E R-2518 A, R-2518 B&R-2519A Latitude: Longitude: SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 01/08/2013 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: 0 Permit(401 WQC) Inspection Summary: Inspected R-2519A from Jacks Creek Road to the end of project. Heavy construction continues thoughout most of the project with grading, pipe and culvert installation. Continue to maintain sediment and erosion control measures. Continue to seed and mulch as required. Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? m n n n Are the culverts and/or filled areas installed properly? ■ n n n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ■ ❑ n n Comment: Page: 1 A41"4 NCDETR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild,P.E. John E. Skvarla, III Governor Director Secretary January 17,2013 Mr. Sam Chebeir Mid Atlantic Land, LLC 575 John Dodd Road Spartanburg, SC 29303 Subject: 401 Water Quality Certification -Approval Mid Atlantic Land—Lake Lure DWQ Project# 12-0159 Rutherford County BRD01 /Broad River(Lake Lure)/9-(17)/B; Tr Dear Mr. Chebeir: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above;based on the additional information submitted December 21, 2012. Approval has been granted to place fill within or otherwise impact approximately 0.0123 acres of open waters (approximately 106 linear feet of shoreline frontage) for the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers(USAGE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 I1 llone arQha Phone:828-296-4500\FAX:828-299-704311 Internet:www.ncwaterquality.org O y An Eoual 0000rtunity,Affirmative Action Emnlover / aturall Mr.Chebeir January 17,2013 Page 2 of 2 Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions o`er this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters Appx. 0.0123 (acres) Application& additional Appx. 106 linear feet information 1. Trout Buffer Requirements Any trout buffer protection measures required by the Division of Energy, Minerals, and Land Resources(DEMLR)must be met prior to shoreline stabilization work(or as specified by DEMLR). 2. Erosion Control Measures—Any erosion control measures required by the Town of Lake Lure must be maintained during construction. 3. Turbidity Standard—Should the proposed method of sandbags to control turbidity impacts during construction prove to be ineffective,the DWQ may require further control measures. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream`— impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Susan Wilson in the Asheville Regional Office at (828)296-4665. Sincerely, for Charles Wakild,P.E.,Director CW/saw Enc: GC3898 Certificate of Completion cc: WBSCP Unit—Central Office Clint Calhoun,Lake Lure Erosion Control Kim Warner,P.E. 139 Countrywood Drive, Forest City,NC 28043 Gray Hauser,Jr.,P.E. DEMLR ARO File Copy S:\SWP\Rutherford\401s\Non-DOT\Mid Atlantic Land Lake Lure\APRVL.MidAtlantic.1 2013.doc 4 North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary January 17,2012 Sherry E. Gragg North 40 Nursery 3950 Turner Mill Road Morganton,North Carolina 28655 Subject: 401 Water Quality Certification-Approval Jeff Gragg—Stream Bank Stabilization DWQ Project#2012-1127 Caldwell County CTB31 /Lower Creek/11-39-(6.5)/Class WS-IV Dear Mrs. Gragg; The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. approval has been granted to place fill within or otherwise impact 825 feet of streams for the purpose of stream bank stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3885. This Certification allows you to use Nationwide Permit 27 when issued by the US Army Corps of Engineers(USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to)Erosion and Sediment Control regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Stream 825 (feet) Application Section C. 3. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500t FAX:828-299-7043 ww 1�T011e 7 Internet:w .ncwaterquality org NofthCarolina aturallr Gragg—North 40 Nursery January 17,2012 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. ADDITIONAL CONDITIONS: 1. The attached Wildlife Resources Commission conditions are hereby incorporated as conditions of this Water Quality Certification. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at (828)296-4629. Sincerely, fo.Charles Wakild,P.E.,Director CW/khb ' Enc: GC3885 Certificate of Completion cc: USACE Asheville Regulatory Field Office WBSCP Unit—Central Office File Copy SAS WP\Caldwell\401 s\Non-DOT\Gragg.North40Nursery\Approval.Gragg.20121127.01-16-2013.doc { NCDENR Noah Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E, Skvarla III Governor Director Secretary January 18,2013 Mr. Jonathan Wise Duke Energy Carolinas,LLC 5657 Ray's Dairy Avenue Morganton,NC 28655 Subject: General Permit No.NCGO10000 Linville Borrow#3 Duke Energy Carolinas,LLC Burke County Dear Mr. Wise: Please find the attached NPDES Construction Stormwater General Permit(NCGO10000),which provides coverage for stormwater discharges from the subject site. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources,or any other federal, state, or local governmental permit that may be required. If you have any questions concerning this permit,please contact Linda Wiggs at telephone number(828) 296-4500. Sincerely, Chuck Cranford,Regional Supervisor Surface Water Protection Asheville Regional Office cc: Asheville Regional Office Stormwater Permitting Unit Files DLR-ARO James McCracken(e-copy) S AS WP\Burke\StormwaterWCG01 Construction\Duke Energy Dam-Borrow Area#3\NCGO 1 Letter.1.1 7.13.doe SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE ©170 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NC t�l OhIId Phone:828-296-45001 FAX:828-299-7043 r Internet:wvvw.ncwat6rquality.org Naturally An Equal Opportunity 1 Affirmative Action Employer s �/ \::::/ 11 \:- �c:' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E.Skvarla, III Governor Director Secretary January 22,2013 Ms.Deborah Durbin Giles Chemical—Waynesville 102 Commerce St. Waynesville,NC 28786 Subject: No Exposure Certification—Approval NCGNE0905 Giles Chemical-Waynesville Haywood County Dear Ms.Durbin: The Division of Water Quality(Division)has reviewed your application for a No Exposure Certification for Exclusion(NE)for the subject facility. Based on the information provided and a site visit conducted on January 8, 2013,the NE has been approved. However,as we discussed during the meeting,the Division requires that Giles Chemical implement a Stormwater Pollution Prevention Plan(SWPPP)by June 30,2013 (the requirements for the SWPPP were sent to you via e-mail). . - Please note that you are obligated to maintain no-exposure conditions at your facility. If conditions change such that your facility can no longer qualify for a NE,you are obligated to immediately obtain NPDES permit coverage for your stormwater discharge. Otherwise,the discharge becomes subject to enforcement as an un-permitted discharge. Your NE does not expire. In order to help assure that your facility stays in compliance with all of the conditions in the Certification,you must self-recertify your facility at least annually.Please see the attachment for information on self-recertification. Your conditional exclusion from permitting does not affect your facility's legal requirements to obtain environmental permits that may be required under other federal,state,or local regulations or ordinances. The Division appreciates Giles Chemicals' efforts to obtain No Exposure certification. If you have any questions or need further information,please contact Susan Wilson at(828)296-4665,or at susan.a.wilsonAncderingov. sine iy, for Charles''dakild,P.E. Eric.: Re-Certification Form cc: Stormwater Permitting Unit/Ken Pickle,No-Exposure Files ARO Files SASWP\Haywood\Stormwater\3-No Exposures\Giles Chemical\APRVL NE Giles Chem.l 2013.doe Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500\FAX:828-299-7043 One Internet:www.ncwaterqualo.org NorthCafolina An Equal Opportunity\Affirmative Action Employer �� I\ `��, �� j_._ i�,_ NCURR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E.Skvarla, III Governor Director Secretary January 22,2013 Jason McRee Environmental Protection Manager Waste Management 2712 Lowell Road , Gastonia,NC 28054 Mike Nicholson District Manager Waste Management of South Carolina 390 Innovation Way Welford, SC 29385 SUBJECT: NPDES Stormwater Permit Compliance Inspection Waste Management Permit No: NCGO80036 Buncombe County Dear Mr.McRee and Mr.Nicholson: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on January 3,2013. The facility was found to be in compliance with permit NCG080036. Enclosed is a copy of the Compliance Inspection Report,which contains additional observations and comments for your reference. Please contact me at(828)296-4664 or Tim.Fox(D-nedenr.yov, if I can be of any further assistance. Sincerel , s Tim\Fox Environmental Specialist Surface Water Protection Enclosure cc: Central Files Asheville Files S:\SWP\Buncembe\Stormwater\NCG08 Transit and Transportation\Waste Man NCG080036\CEI.WasteMan.01-22-13.doc Location:2090 U.S.Highway 70,Swannanoa.North Carolina 28778 One Phone:828-296-4600\FAX:828-299-7043 NQrtllCaf0h11c� Internet:www.ncwaterqualky.org An Equal Opportunity l Affirmative Action Employer Natutully Picture#1 Storm drain in front of Transfer Station. Picture#2 Pad in front of maintenance shop. Picture 43 Outfall near Westside of transfer station. Picture#4 Oily sheen deposit observed near outfall on Westside of transfer station. `. �.� � i � � �_�' Compliance Inspection Report Permit: NCG080036 Effective: 11/01/12 Expiration: 10/31/17 Owner: Waste Management of Carolinas Inc SOC: Effective: Expiration: Facility: Asheville Hauling County: Buncombe 24 Pond Rd Region: Asheville Asheville NC 28806 Contact Person: Richard Barron Title: Phone: 828-210-1120 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): On-site representative Jason McCree Phone: On-site representative Mike Nicholson Phone: 864-949-5402 Related Permits: Inspection Date: 01/03/2013 Entry Time: 02:30 PM Exit Time: 03:30 PM Primary Inspector: Timothy R Fox Phone: 828-296-4500 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Transportation wNehicle Maintenance/Petroleum Bulk/Oil Water Separator Stormwater Discharge COC Facility Status: ■Compliant Q Not Compliant Question Areas: Storm Water (See attachment summary) Page: 1 Permit: NCG080036 Owner-Facility: Waste Management of Carolinas Inc Inspection bate: 01/03/2013 Inspection Type: Compliance Evaluation Reason for Visit: Routine f Inspection Summary: I inspected the site with Andrea Keller, NCDENR Solid Waste Section, and Jason McRee, Environmental Protection Manager. Mike Nicholson, District Manager,was present for the office portion of the inspection. Paperwork and record keeping were in order during the inspection. Recomendations were discussed to improve housekeeping practices and to continue to maintain and monitor the facility on a regular basis. The outfall near the westside of the transfer station appeared to have an oily sheen deposit. Suggestions were made to improve housekeeping practices at the facility which include monitoring the pad in front of the maintenance shop and the storm drain with filter fabric directly in front of the transfer station. Page_ 2. Permit: NCG080036 Owner-Facility: Waste Management of Carolinas Inc Inspection Date: 01/03/2013 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ n n n #Does the Plan include a General Location(USGS)map? ■ n n n #Does the Plan include a"Narrative Description of Practices"? ■ n n n #Does the Plan include a detailed site map including outfall locations and drainage areas? ■ Cl #Does the Plan include a list of significant spills occurring during the past 3 years? ■ n 0 n #Has the facility evaluated feasible alternatives to current practices? ■ ❑ n 0 #Does the facility provide all necessary secondary containment? ■ ❑ ❑ n #Does the Plan include a BMP summary? • Cl n n #Does the Plan include a Spill Prevention and Response Plan(SPRP)? ■ n n n #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ n n n #Does the facility provide and document Employee Training? ■ n n n #Does the Plan include a list of Responsible Party(s)? ■ n Q ❑ #Is the Plan reviewed and updated annually? ■ n n n #Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ ❑ n Has the Stormwater Pollution Prevention Plan been implemented? ■ n In n Comment: See Summary. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ n n n Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? n n ■ o #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? n ❑ ■ Comment: Permit and Outfalis Yes No NA NE #Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ n ❑ #Were all outfalls observed during the inspection? ■ n n n #If the facility has representative outfall status,is it properly documented by the Division? n n ■ n #Has the facility evaluated all illicit(non stormwater)discharges? n n n Comment: Page:3 (� 1:,:;, NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild,P.E. John E.Skvarla,III Governor Director Secretary January 23,2013 CERTIFIED MAIL 7010 1870 0003 0875 2285 RETURN RECEIPT REQUESTED Mr. Charles D.Owen,III Fletcher Warehousing Company P.O.Box 188 Fletcher,North Carolina 28732-0188 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2013-LV-0049 Fletcher Warehousing Company WWTP NPDES Permit No.NC0000094 Henderson County Dear Mr. Owen: A review of the September 2012 self-monitoring report for the subject facility revealed violations of the following parameters: Date Outfan Parameter Reported Value Permit Limit 09/19/2012 001 Fecal coliform 600#/ 100 ml 400#/ 100 ml 09/30/2012 001 Flow 0.05 m d 0.01 mgd A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE)is being issued for the noted violation of North Carolina General Statute(G.S.) 143-215.1 and NPDES Permit No.NC0000094. Pursuant to G.S. 143-215.6A,a civil penalty of not more than twenty-five thousand dollars($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions,or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance, or discuss overall compliance please respond in writing within ten(10)days after receipt of this Notice. A review of your response will be considered along with any information provided on the September 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACE A."ATER PROTECTION SECTION—ASREVILLE REGIONAL:OFFICE Location:2090 U.S.Highway 70,Swannanoa.North Carolina 28778 One Phone:828-296-45001 Fax 828 299-7043 NorthCarol a Internet:http:Liportal.nedenr.orgmeb/wQ-1-- �/ An Equal Oppo tunih,1,AtTinnative Action Employer-50%Recycic&''10%Post Consumer paper 1 Mr.Charles D. Owen,III January 23; 2013 Page Two Remedial actions,if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems,and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford,Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch S.S P'.1-Iendcr>t>3i`.Wazteivater:lniiti5ti�alT lctclier W arehow e 00094;N<JV NR -20! -[N-(049 doc 4JL) DENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E. Skvarla, III Governor Director Secretary January 23, 2013 CERTIFIED MAIL 7010 1870 0003 0875 2261 RETURN RECEIPT REQUESTED Mr. Carson Fisher, P.E., Director Burke County General Services PO Box 1486 Morganton, NC 2868-01486 Subject: NOTICE OF VIOLATION NOV-2012-DV-0020 Incident#: 201202043 Permit No. WQCS00324 Burke County General Services Burke County Collection System Burke County Dear Mr. Fisher: A review has been conducted of Burke County Collection System's self reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by Burke County General Services. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00324 and/or G.S. 143-215.1(a)(1). The violation/s that occurred are summarized below; Area Violation Date Description Violation Type Sanitary Sewer Overflow Discharge Without SSO 12-26-2012 90,000 gallons Valid Permit from Indian Hills Pump Station Incident#201202043 to Drowning Creek -- SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE s Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-7043 NOrthCarOhna Internet: www.ncwaterquality.org Nat=,411,V An Equal Opportunity\Affirmative Action Employer Mr. Carson Fisher, P.E., Director Burke County General Services January 23, 2013 Page 2 of 2 Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations and respond in writing to this office within 15 days of receipt of this letter. If you should have any questions, please do not hesitate to contact Linda Wiggs, of the Asheville Regional Staff or me 828-296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office ' Cc: DWQ Asheville Files DWQ Central Files PERCS Unit SASWRBurke\Collection SystemsTurke County Collection System WQCS003241NOV-2013-DV-0020 1-23-13.doc AG n C®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E, Skvarla, III Governor Director Secretary January 23, 2013 CERTIFIED MAIL 7010 1870 0003 0875 22i8 RETURN RECEIPT REQUESTED Mr. Anthony F. Hensley, Director of Public Works Town of Burnsville PO Box 97 Burnsville, NC 28714-0097 Subject: NOTICE OF VIOLATION NOV-2013-DV-0018 Incident#201201964 Permit No. WQCS00143 Town of Burnsville Burnsville Collection System Yancey County Dear Mr. Hensley: A review has been conducted of the Burnsville Collection System's self reported Sanitary Sewer Overflow (SSO) 5-Day Report submitted by the Town of Burnsville. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00143 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Description Violation Type Date Sanitary Sewer Overflow Discharge Without SSO 12-9-2012 140,000 gallons Valid Permit from OMC Pump Station Incident#201201964 to Crabtree Creek / SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE`P J Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296450OX FAX:828-299-7043 NorthCarolina Internet: www.ncwaterquality.orgQLut+Q`lj� An Equal Opportunity\Affirmative Action Employer A Mr. Anthony F. Hensley, Director of Public Works Town of Burnsville January 23, 2013 Page 2 of 2 Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations and respond in writing to this office within 15 days of receipt of this letter. If you should have any questions, please do not hesitate to contact Linda Wiggs, of the Asheville Regional Staff or me at 828-296-4500. Sincerely, , Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office Cc: DWQ Asheville Files DWQ Central Files PERCS Unit Ronnie Tipton — Burnsville, Operations Manager SASWP\Yancey\Collection Systems\Burnsville WQCS001 43\NOV-2013-DV-001 8 1-23-13.doc A' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E. Skvarla, III Governor Director Secretary January 23, 2013 CERTIFIED MAIL 7010 1870 0003 0875 2254 RETURN RECEIPT REQUESTED Mr. Radford L. Thomas, Director of Public Utilities City of Lenoir PO Box 958 Lenoir, NC 28645-0958 Subject: NOTICE OF VIOLATION NOV-2013-DV-0019 Incident#: 201202057 Permit No. WQCS00035 City of Lenoir Lenoir Collection System Caldwell County Dear Mr. Thomas, A review has been conducted of Lenoir Collection System's self reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by City of Lenoir. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00035 and/or G.S. 143-215.1(a)(1). The SSO 5-Day Reports were found to be incomplete. The violation/s that occurred are summarized below; Area Violation Date Description Violation Type Sanitary Sewer Overflow Discharge Without SSO 12-26-2012 3,263 gallons Valid Permit from Manhole# B-9 Incident#201202057 to Zacks Fork Creek SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE W Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\FAX:828-299-7043 NZffiCarolina Internet: www.ncwaterquality.orgQtut'Qjttj An Equal Opportunity\Affirmative Action Employer Mr. Radford L. Thomas, �\ Director of Public Utilities City of Lenoir January 23, 2013 � Page 2of2 Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations and respond in writing to this office within 15 days of receipt of this letter. If you should have any questions, please do not hesitate to contact Linda Wiggs, of the Asheville Regional Staff or me at 828-296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office Cc: DWQ Asheville Files DWQ Central Files PERCS Unit Richard Williams- City of Lenoir S:\SWP\Caldwell\Collection Systems\Lenoir Collection System\NOV-2013-DV-0019 1-23-13.doc Aia NCDNR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E. Skvarla, III Governor Director Secretary January 23, 2013 CERTIFIED MAIL 7010 1870 0003 0875 2247 RETURN RECEIPT REQUESTED Mr. Joseph M. Moore II, P.E., City Manager City of Brevard 95 W. Main Street Brevard, NC 28712 Subject: NOTICE OF VIOLATION NOV-2013-DV-0021 Incident#201300100 Permit No. WQCS00084 City of Brevard Brevard Collection System Transylvania County Dear Mr. Moore: A review has been conducted of Brevard Collection System's self reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by City of Brevard. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00084 and/or G.S. 143- 215.1(a)(1). The violation/s that occurred are summarized below. Area Violation Date Description Violation Type SSO 12-26-2012 Sanitary Sewer Overflow Discharge Without of 73,749 gallons from Manhole 002 Valid Permit Gallimore Road Pump Station to Singing Branch SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-7043 NOfthCarolina. Internet: www.ncwaterquality.orgRtu2r+ajh/ An Equal Opportunity\Affirmative Action Employer Mr. Joseph M. Moore II, P.E., City Manager City of Brevard January 23, 2013 ` Page 2 of 2 Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Jeff Menzel, of the Asheville Regional Staff or me at 828-296-4500. Sincerely, :' 1 Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office Cc: DWQ Asheville Files DWQ Central Files PERCS Unit David Lutz— Brevard, Public Services Director SASWP\Transylvania\Collection Systems\Brevard Collection System WQCS00084\NOVs&Enforcements\NOV-2013-DV-0021 1-23-13.doc RCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John Skvarla Governor Director Secretary January 24,2013 Wes Triplett PO Box 461 Granite Falls,NC 28630 Subject: Caldwell Ready Mix Certificate of Coverage NCG140303 Permit Rescission Request Form Dear Mr Triplett: Enclosed is a permit Rescission Request Form. Per our phone conversation January 23,2013 your Ready Mix operation is no longer open and you do not intend to reopen. Please fill out the Rescission Request Form and \` send it to the address listed at the bottom of the form. Make a copy to keep for your records. As I suggested on the phone,in a separate envelop you may want to return your last billing notice writing on the bill that the facility has closed and requested permit rescission. Feel free to contact me if I can be of further assistance at 828-296-4500. Sincerely, Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enclosure:Rescission Request Form cc:ARO Files S:\SWP\Caldwell\Stormwater\NCG14 Ready Mix\Caldwell Ready Mix\rescissionform.ltr.doc SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 T�7One,L t' Phone:828-296-4500 FAX:828-299-7043 l�ofth Carotina Internet: wwwriewaterquality,org An Equal Opportunity i Affirmative Action Employer Naturally f ��; f� ��% 1�� rCD'LENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, RE. John E.Skvarla, III Governor Director Secretary January 24, 2013 Mayor Bobby Smith Town of Robbinsville P.O. Box 126 Robbinsville, North Carolina 28771-0126 Subject: NOTICE OF VIOLATION NOV-2013-MV-0012 Permit No. NCO025879 Robbinsville WWTP Graham County Dear Mayor Smith: A review of Robbinsville WWTP's monitoring report for September 2012 showed the following violations: Parameter Date Measuring Violation Frequency Flow, in conduit or thru treatment plant 09/29/2012 Continuous Failure to Monitor Flow, in conduit or thru treatment plant 09/30/2012 Continuous Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant with an explanation for the non-compliance. If the above parameterwas left off inadvertently,please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/2964600. Sincerely, 77 Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files Earth Environmental Services/ORC One"thCarolina S\SWP!Graham\tNastewater\MunicipailRobbinsvilie INVI�Tr 258791NC}V-2013-NiV-00�i 2.dac fVatllClllly North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www,ncwaterguality.org FAX (828)299-7043 \` t �� �:::/ �y J ------------ ------ - — --- ---- - - -- afi ffijPl C ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, RE. John E. Skvarla, III Governor Director Secretary January 24, 2013 Ms. Kally Dotson,Administrator White Oak Manor 188 Oscar Justice Road Rutherfordton, North Carolina 28139 Subject: NOTICE OF VIOLATION NOV-2013-LV-0054 Permit No. NCO030139 White Oak Manor- Rutherfordton WWTP Rutherford County Dear Ms. Dotson: A review of White Oak Manor Rutherfordton's WWTP monitoring report for October 2012 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Solids, Total Suspended - 10/30/2012 45 mg/I 104 mg/I Daily Maximum Concentration Exceeded pH 10/22/2012 9 su 9.2 su Daily Maximum Exceeded It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Z7 �, 61 Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files WQ Lab&Operations/ORC S'1SUIPxRuthe,-fordlWastewater,MinorstVtthite Oak Manor 301391NOV-2013-I_ll-0054.doc None mthCarofina Nalu-mllb, North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet. www.ncwaterguality.org FAX (828)299-7043 �i� �.�:J ANY yet CDEN North Carolina Department of Environment and Natural Resources Division of Water Quality - Pat McCrory Charles Wakild, RE. John E, Skvarla, III Governor Director Secretary January 24, 2013 Mr. William Miller Polk County Board of Education P.O. Box 638 Columbus, North Carolina 28722-0638 Subject: NOTICE OF VIOLATION NOV-2013-LV-0053 Permit No. NCO033553 Polk Central School WWTP Polk County Dear Mr. Miller: A review of Polk Central School's WWTP monitoring report for October 2012 showed the following violation: Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day(20 Deg. C) 10/02/2012 45 mg/I 56 mg/I Daily Maximum Concentration Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions,please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, 4a Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files Deborah Bradley/ORC S:ISWPIPolk\Wastewater\Minors\Poll<Central School 335531N0V-2013-LV-0053.doc No thCarolina Natut,ally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www-ncwateraualitv.ong FAX (828)299-7043 lf�� \_ j�.. �:�� _... NCDEN North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary January 24, 2013 Mr. Nathan D. Benson P.O. Box 1090 Mountain Home NC 28758-1090 Subject: NOTICE OF VIOLATION NOV-2013-LV-0055 Permit No. NCO066362 Benson Apartments WWTP Henderson County Dear Mr. Benson: A review of Benson Apartments' WWTP monitoring report for September 2012 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Flow, in conduit or thru 09/30/2012 0.008 mgd 0.009 mgd Monthly treatment plant Average Exceeded It was also noted that the Compliance box on the back of the DMR was marked"Compliant"when in fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. Please review the Flows for the October 2012 DMR and submit a written response within 10 days of receipt of this letter to this Office explaining why the Monthly Average Flow exceeded the permit limit. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 8281296-4500. Sincerely, /177 fi.. Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James &James Environmental/ORC S.1SWPtHenderson�VVastewater+,Minors\Benson Apartments 66362\N0'V-2013-1_V-0055J0c NorthCarohna North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterouality.oro FAX (828)299-7043 \ . . �:__.i I\ \\ J f ALTT4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E.Skvarla III Governor Director Secretary January 24,2013 Richard Rogers CWMTF 1651 Mail Service Center Raleigh,NC 27699 Subject: Proposed Pump Station to Eliminate Marion Travel Plaza Wastewater Discharge Permit Dear Mr. Rogers: This letter is being provided in support of the proposal to construct a pump station and force main in Marion, which will allow for the decommissioning of the Marion Travel Plaza wastewater treatment plant(WWTP). The current WWTP serving the Marion Travel Plaza in McDowell County shows signs of significant deterioration and maintaining the system to meet discharge requirements of the NPDES permit has been challenging for the operator. Over the last five years,the facility has experienced multiple violations of permit limits,resulting in 18 enforcement actions by the Division. Operating or, if necessary,replacing an aged system can be cost-prohibitive to the owner of the facility,but proper wastewater treatment must be accomplished to allow the business to persevere and prevent negative impacts to the receiving stream—North Muddy Creek. The Division strongly supports the funding for and construction of the subject project. If additional information is needed,please contact Jeff Menzel at 828-296-4658. Sincerely, r Chuck C�a ord Regional Supervisor Surface Water Protection cc: ARO—SWP Randy Hintz,P.E.-McGill Associates Larry Carver,ORC-Marion's Corpening Creek WWTP SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE 2090 U.S.Highway 70,Swannanoa.North Carolina 28778 1�TOne 1 1 Phone:828-296-4500 FAX:828-299-7043 NOrthCarollna Internet) www.ncwaterquativeA t a,� ffir,"l�f An EqualOpporiunity'tAffirmativeActionEmployer (/ Y `KL L l� �� �_ � �_ '�L "�� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla III Governor Director Secretary January 24,2013 - CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2322 A&D Water Services,Inc. Aubrey Deaver PO Box 1407 Pisgah Forest,NC 28768 William G. Lapsley&Associates 7010 1870 0003 0975 2339 William G. Lapsley 214 North King Street Hendersonville,North Carolina 28792 Subject: Fast-Track Application Return A&D Water Services,Inc. Mills River Health and Rehabilitation Henderson County Dear Messrs. Deaver and Lapsley: Enclosed herewith is the Fast-Track Sewer Application submitted seeking permission to construct a sewer system to serve the Mills River Health and Rehabilitation facility. The application is being returned for the following reasons: (1) Application Form and Instructions—The application submitted is an old application form. Please use the most current application form which can be found at the following website.Also at this website are the current instructions for a proper Fast Track application submittal. http://portal.ncdenr.or;/web/wd/stir /ps/cs/apbs (2) Application Fee—The application fee is incorrect. The current fee is $480.00. (3) Permit Issuance- Several restraints exist with regard to approval of this sewer extension. Required components at the High Vista Falls NPDES discharge treatment facility (NC0089095)have not been built nor has an Authorization to Construct the necessary structures for a discharging system at this facility been received by the Infrastructure and Finance Section of the Division of Water Quality. In addition,the High Vista Falls non- SURFACE!NATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE OIle 7 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOl'e1C�tT011lla Phone:828-298-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity)Affirmative Action Employer A&D Water Services,Inc. January 24,2013 Page 2 of 2 discharge treatment facility(WQ0015929)has a history of non-compliance which is a factor in approvah Please do not hesitate to call me at 828-296-4500 should you wish to discuss this matter. Sincerely, /Vo Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enclosure S:\.SWP\Henderson\Collection SysternMigh Vista Falls Collection System\ApplicationRetum-MillsRvrHealthRehab.1.23.13.doe ti, t 1 DERR North Carolina Department of Environment and Natural Resources Division.of Water Quality Pat McCrory Charles Wakild, P.E. John E.Skvarla, III Governor Director Secretary January 25, 2013 Jack&Wanda Hoffman 5225 Hoffman Trail Connelly Springs, North Carolina 28612 SUBJECT: Sand Dredging Activity Site# VVT000982 Henry Fork River PIN# 2761010998 Burke County Dear Mr. &Ms. Hoffman: On January 24th Division of Water Quality staff inspected the bank of the Henry Fork River at the property referenced above. Staff observed tire tracks, sand piles and river stone on the bank of the river. Just upstream of the observation point, the river is over-widened and over-deepened indicating that substrate has been removed from the river bottom. Based on these findings it has been determined that sand dredging activities have occurred at the site. Sand dredging activity is regulated and requires coverage under North Carolina General Permit 520000 (NCG520000). If you wish to continue to remove material from the river you must complete a Notice of Intent and submit the applicable fees to the National Pollutant Discharge Elimination System (NPDES) Permits Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. For your convenience, please find NCG520000 and the applicable Notice of Intent enclosed. Please be advised that continuation of dredging activities without coverage under NCG520000 could result in a Notice of Violation. Violations are subject to civil penalty assessments of up to $25,000.00 per day for each violation. Please contact me at (828) 296-4660 or Jonathan.Stepp@ncdenr.Qov, if I can be of any further assistance. Sincerely, Jonathan Stepp Environmental Specialist Surface Water Protection Enclosure: NCG520000; NOI cc: Asheville Files S:\SWP\Burke\Complaints\Hoffman Dredging Site Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One 828-298-45001 FAX:828-299-7043 NOI t}1C8Y Qhria Internet:www.ncwaterquality.org i� dur,911lf An Equal Opportunity�Affirmative Action Employer ��i r �.� -�, ____ __ __ General Permit NCG520000 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO.NCG520000 TO DISCHARGE IN-STREAM SAND MINING WASTEWATER,ASSOCIATED STORMWATER AND SIMILAR WASTEWATERS UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, this permit is hereby issued to all owners or operators,hereafter permittees,which are covered by this permit as evidenced by receipt of a Certificate of Coverage issued from the Environmental Management Commission to allow the discharge of wastewater and stormwater in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1,11,Ill and IV hereof. Coverage under this permit is applicable to: • Ancillary water associated with in-stream sand dredging/dragline operations and similar operations. • Stormwater outfalls associated with in-stream sand mining. A stormwater general permit should be obtained for any separate stormwater discharges not directly related to in-stream sand mining operations. • In-stream sand dredging/dragline operations where the permittee has obtained written authorization from the property owner to conduct permitted sand dredging activities. This permit shall become effective August 1,2012. This permit shall expire at midnight on July 31,2015. Original signed by Matt Matthews for Charles Wakild,P.E.,Director Division of Water Quality By Authority of the Environmental Management Commission 1 of 4 &/1/2012 General Permit NCG520000 PART I i SECTION A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on August 1,2012 and lasting until expiration,the Permittee is authorized to discharge from outfall(s)numbered serially beginning with 001. Such discharges shall be limited and monitored during sand dredging operations by the Permittee as specified below: �z,�,�..�!.�.� €c ,�:✓' s,�r�" ,-.5;- -�*.,.-' ,��,,`i`a-�c'3' �t: lw�".`tia}n h � -*`�r �.?r.§�;x� �' ` ,�,:a�' ,.xr°- �€" xs��'&;��� t. €-�.., �. � -�"'-:.=��'x"a�.��� '�3 -�`s,"ram M_-.�' .x �,�t ;� ��. „. ., .. a �.``°`�_ :,•s- � a �'L,�-�.. Flow Semi-annual Estimate Effluent Turbidi l. Effluent is defined as"runoff from sand dredging operations and/or discharge from the retention pond(s). 2. The permittee shall make every effort to estimate the semi-annual flow requirement during times of operation (if operational during the calendar year). 3. The discharge shall not cause an instantaneous measurement of the turbidity of the receiving water to exceed: • 10 NTU streams,lakes and reservoirs designated as trout waters • 25 NTU all lakes,reservoirs and all salt waters • 50 NTU all other streams and surface waters �- If the turbidity exceeds these levels because of background conditions,the discharge cannot cause any increase in the turbidity of the receiving water. Reporting shall not be required except upon demand by the Division. Monitoring data will be required to be maintained on site for a period of three years. The applicant will be required to monitor regularly for flow and those parameters limited in Section 2 above with sufficient frequency to ensure compliance with the permit conditions. Frequency, methods of sampling, and report dates will be specified in the final permit. Sand Dredging discharges to Primary Nursery Areas(PNA)waters of the State are prohibited. Sticks, leaves and other debris removed on shore shall not be returned to surface waters. The permittee shall operate the facility and use sound management practices to ensure that impacts to the surface waters are minimized. The permittee shall operate the facility and use best management practices to ensure that stream banks are stabilized,and dredging equipment must be maintained in a manner to prevent petroleum leaks and spills. 2 of 4 8/1/2012 General Permit NCG520000 The permttee shall install warning signs, one on each side of the river, a short distance upstream of the sand dredging operation to warn canoeists and other recreational water users of the operation. The signs should include the following wording in 2 to 3 inch high white letters on a red background: CAUTION: SAND MINING OPERATION AHEAD CRANES,FLOATS AND/OR SUBMERGED CABLES ACROSS RIVER. BEACHING ON OR ACCESS TO SAND DREDGING SITE IS PROHIBITED. Visibility of the signs should be maintained as necessary. In addition, the permittee may wish to post a "No Trespassing" sign on their equipment so that it is visible when they are not operating, such as on weekends and evenings after 5:00 pm. There shall be no discharge of floating solids or visible foam in other than trace amounts. SECTION &SCHEDULE OF COMPLIANCE 1. The permtttee shall comply with Final Effluent Limitations by the effective date of the Certificate of Coverage. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities in accordance with Part II.C.2 of this permit. SECTION C. APPLICABLITY This permit is applicable to the following types of discharges: 1. Wastewater from in-stream sand mining operations using dredging, dragline or similar equipment. This wastewater is typically from sand piles deposited on the bank or from settling ponds. 2. Stormwater associated with the in-stream sand mining operations. This stormwater is typically runoff from sand piles or stormwater, which accumulates in the settling ponds. Stormwater outfalls that do not naturally drain to settling ponds or other mining operations should not be diverted to comingle with wastewater. If the stormwater outfalls are separate and distinct from the mining operations, a stormwater general permit should be obtained. 3. Point source discharges of wastewater from in-stream sand mining operations (typically dredging/draglines) as stated in 15A NCAC 2H .0103 (18) and any other discharge of similar characteristics as decided by the Division. Incidental stormwater associated with the sand mining activities, i.e. stormwater which comes into contact with sand piles or drains to settling ponds. 4. Discharges covered by this General permit are located at any place within the political boundary of the State of North Carolina (discharges located on the Cherokee Indian Tribal Reservation are subject to permitting by the US Environmental Protection Agency and are not covered by this General Permit). 3 of 4 8/1/2012 General Permit NCG520000 �. 5. All surface waters of the State of North Carolina or separate storm sewer systems conveying water to surface waters. 6. Discharge will consist of: • Surface or groundwater discharged from an in-stream sand mining operation (typically dredging/draglines)and similar wastewaters as decided by the Division. • Stormwater associated with the sand mining operation. For example, natural runoff from sand piles or entering settling ponds. Separate and distinct stormwater discharges from other parts of the mining site will be regulated under an additional stormwater general permit. There are no additives or pollutants discharged by this type of facility. The Division's primary concerns are suspended solids and turbidity in the receiving stream caused by the dredging action. 7. This type of facility typically has settling ponds or lagoons to lower the settleable solids and turbidity levels of the wastewater. SECTION D. NOTICE OF INTENT Individuals who intend to obtain coverage under this general permit, shall submit a Notice of Intent (NOT) applicable to this general permit. A current version of the NOI for this general permit can be obtained by contacting the NPDES Permits Unit at 919/807-6387, or can be downloaded from the internet at: http:l/portal.ncdenr.org/web/wq NOIs must be signed and submitted to the National Pollutant Discharge Elimination System(NPDES)Permits Unit, 1617 Mail Service Center, Raleigh,NC ' 27699-1617. Applicants who have submitted a completed NOI are not authorized to discharge until a Certificate of Coverage is issued. In general,the NOT shall include the following information: 1. The mailing address and telephone number for the owner and/or operator. 2. The facility name,address and telephone number where the discharge will occur. 3. The permit number of any NPDES permit(s)for any discharge(s)from the site. 4. A description of the discharge, including the number of discharge points,the volume of discharge, the frequency of discharge and any treatment methods applied prior to discharge. 5. The name of the receiving waters and the stream classification(if known). 6. An analysis of non-discharge alternatives, including connection to a regional sewer collection system, subsurface disposal and spray irrigation. 7. A 7.5 minute series USGS topographic map with the discharge location clearly indicated. 8. Final plans and specifications for the treatment system and all major components(if applicable). 9. A certification that the information contained in the NOI is true, complete and accurate. 4 of 4 8/1/2012 All; i ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Mkild, P.E. John E. Skvarla, III Governor Director Secretary January28,2013 Jackson County DWQ Project 20130069 NCSR 1367(Little Savannah Road) Approval of 401 Water Quality Certification with Additional Conditions Mr.J.B. Setzer,P.E. Division 14 Engineer North Carolina Department of Transportation 253 Webster Road Sylva,North Carolina,28779 Dear Mr. Setzer: You have our approval,in accordance with the conditions listed below,for the following impacts in Little Savannah Creek for the purpose of replacing Bridge No. 141 with a double-barrel 46-foot long, 5-foot high by 10-foot wide, reinforced concrete box culvert on NCSR 1367(Little Savannah Road)in Jackson County: Stream Impacts in the Little Tennessee River Basin Site Temporary Fill Floodplain Permanent Temporary Total Stream In Intermittent Benches and Fill in Impacts in Stream Impacts Stream Streambank Perennial Perennial Impact Requiring (linear ft) Stabilization Stream Stream (linear ft) Mitigation In Perennial (linear ft) (linear ft) (linear ft) Stream (linear ft) Sited 0 101 46 185 332 p Total 0 101 46 185 332 0 Total Permanent Stream Impacts for Project: 147 fin.ft.Total Temporary Stream Impacts for Project: 185 linear ft. The project should be constructed in accordance with your application dated January 18, 2013 (received January 24, 2013), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3886, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition,you should acquire any other federal,state or local permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter,and is thereby responsible for complying with all conditions. If SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778Ot u1CaT0/1/111a Phone:: www.6 45001 FAX: .or 299-70431 Customer Service:1-877 623 6748 �atur 6l� Internet: www.ncwaterquality.org An Equal Opportunity;Affirmative Action Ernployer Mr.J.B. Setzer,P.E. January 28,2013 Page Two total wetland fills for this project(now or in the future)exceed one acre,or if total impacts to streams(now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and(7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina--, Sediment and Erosion Control_Manual. The devices shall be maintained on all construction sites, borrod�, sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. This project has the potential to impact trout waters or other aquatic species of concern. No construction activities shall begin until the NCWRC makes a determination regarding moratoria. Should the NCWRC determine that a moratorium is applicable,then the requirements of any moratorium shall be a condition of this 401 Certification. If NCDOT does not wish to honor the moratorium,then a written modification shall be requested. 5. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 6. Unless otherwise approved in this certification,placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. Mr.J.B. Setzer,P.E. January 28,2013 Page Three 7. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 8. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 9. The stream channel shall be excavated no deeper than the natural bed material of the stream,to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 10. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed . floodplains and streams shall be restored to natural geomorphic conditions. 11. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction_ 12. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 13. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed,sized and installed. 14. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 15. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels,lubricants,hydraulic fluids, or other toxic materials. 16. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 17.Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 18. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 19. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 20. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 21. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 22. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 23. The outside buffer,wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 24. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards(including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated,or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. Mr.J.B. Setzer,P.E. January 28,2013 Page Four 25. The issuance of this certification does not exempt the Permttee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements,etc. 26. The Permitttee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 27. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the§401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings,6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, Charles Wakild,P.E.,Director Division of Water Quality Attachments cc: Lori Beckwith,USACE,Asheville Field Office Mark Davis,Division 14,DEO Ben DeWit,Roadside Environmental Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 20130069(Setter)Bridge 141 NCSR 1367(Little Savannah Road) i°• North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary January 28,2013 Avery County DWQ Project 20130068 NCSR 1193 (Chestnutdale Church Road) Approval of 401 Water Quality Certification with Additional Conditions Mr.Michael Pettyjohn,P.E. Division 11 Engineer North Carolina Department of Transportation Post Office Box 250 North Wilkesboro,North Carolina,28659 Dear Mr.Pettyjohn: You have our approval,in accordance with the conditions listed below,for the following impacts in Ashley Branch for the purpose of replacing Bridge No. 7 with a double-barrel 60-foot long,93-inch by 67-inch,CSPA on NCSR 1193 (Chestnutdale Church Road)in Avery County: Stream Impacts in the French Broad River Basin Site TeIn porary Fill Stream Bank Permanent Temporary Total Stream In termittent Stabilization Fill in Impacts in Stream Impacts Stream In Perennial Perennial Perennial Impact Requiring (linear ft) Stream Stream Stream (linear ft) Mitigation (linear ft (linear ft) linear ft) (linear ft Site 1 0 20 60 40 120 0 Total 0 20 60 40 120 0 Total Permanent Stream Impacts for Project: 80 lin.ft.Total Temporary Stream Impacts for Project: 40 linear ft. The project should be constructed in accordance with your application dated January 17, 2013 (received January 24, 2013), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3886, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition,you should acquire any other federal,state or local permits before you proceed with your project including(but not limited to)Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter,and is thereby responsible for complying with all conditions. If SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 1' Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCar011na Phone:828-296 45001 FAX:828-299-7043\Customer Service:1-877 623-8748 � ��� Internet: www.ncwaterquality.org L An Equal Opportunity 1 Affirmative Action Employer ���N Mr.Michael Pettyjohn,P.E. January 28,2013 Page Two total wetland fills for this project(now or in the future)exceed one acre,or if total impacts to streams(now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. There shall be no excavation from,or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina- Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borro",-J/ sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. This project has the potential to impact trout waters or other aquatic species of concern. No construction activities shall begin until the NCWRC makes a determination regarding moratoria. Should the NCWRC determine that a moratorium is applicable,then the requirements of any moratorium shall be a condition of this 401 Certification. If NCDOT does not wish to honor the moratorium,then a written modification shall be requested. 5. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 6. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. Mr.Michael Pettyjohn,P.E. January 28,2013 Page Three 7. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 8. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 9. The stream channel shall be excavated no deeper than the natural bed material of the stream,to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 10. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 11. Native riparian vegetation(e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 12. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 13. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 14. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 15. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels,lubricants,hydraulic fluids,or other toxic materials. 16. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 17.Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 18. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 19. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 20. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 21. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 22. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 23. The outside buffer,wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 24. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards(including any requirements resulting from compliance with §303(d)of the Clean Water Act)and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated,or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. Mr.Michael Pettyjohn,P.E. January 28,2013 Page Four 25. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements,etc. 26. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 27. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings,6714 Mail Service Center,Raleigh,N.C. 27699-6714.If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, , —Charles Wakild,P.E.,Director Division of Water Quality Attachments cc: Monte Matthews,USACE,Raleigh Field Office Heath Slaughter,Division 11,DEO Neil Trivette,Roadside Environmental Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 20130068(Pettyjohn)Bridge#7 NCSR 1193 Finn Lane) NCD N 6 North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, R E. John E. Skvarla, III Governor Director Secretary January 28,2013 Mr. Christopher A. Miles and Mrs. Christina M. Miles 4900 Mineral Springs Road Connelly Springs,NC 28612 Subject: DWQ Notice of Violation Closure NOV-2009-DV-0249 Miles Property Burke County Dear Mr. and Mrs. Miles: On November 30,2012,Kevin Barnett from the Asheville Regional Office of the Division of Water Quality(DWQ)conducted a follow-up site visit to determine the compliance status of the site and to see if the stream clean-up was completed as described in the Settlement Agreement signed by DWQ on February 13,2012. Lee Gragg was also present during the site visit. During the site visit,DWQ determined that the stream clean-up and restoration activities had occurred to the satisfaction of DWQ and therefore,the above Notice of Violation has been closed. Thank you for your attention to this matter. Should you have any questions,please contact Kevin Barnett at(828)296-4657. Sincerely, �r;, Chuck Ciarford,Regional Office Supervisor Surface Water Protection cc: Mell Nevils-Division of Energy,Mineral and Land Resources CO Laura Herbert-Division of Energy, Mineral and Land Resources ARO Lee Gragg,P.E. Burke County Planning Department Shelton Sullivan—WBS Compliance&Permitting Unit SASWP\l3urke\Stormwater\NCG01 Construction\MilesMotorcrossTrack\Miles NOV Closure.1.25.13.docx SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One t1.,,�''r Location:2090 U.S.Highway 70.Swannanoa,North Carolina 28778 NOIe11Car011lla Phone:828-296-water FAX:828-299-70431 Customer Service:1 877-623�748 �atura!!� Internet: www.ncwaterqua(ity.org An Equal Opportunity',Affirmative Action Employer \\ ��„_. F� 1 ��.�� ��._ Ake-I;VA ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild,RE. John E.Skvaria III Governor Director Secretary January 28, 2013 Charles D. Owen Fletcher Warehousing Company PO Box 188 Fletcher NC 28732 SUBJECT: Compliance Sampling Inspection Fletcher Warehousing Company Status: Marginally Compliant Permit No: NC0000094 Henderson County Dear Mr. Owen: On January 14, 2013 a Compliance Sampling Inspection was conducted at the Fletcher Warehousing Company. You were present during part of the inspection. Also present for the inspection were Robert Orr and Drew Hopper with Goldie and Associates. The facility was found to be Marginally Compliant with permit NC0000094. Most of the Wastewater Treatment Plants components are inoperable and have excessive plant growth; this is an Operation and Maintenance issue. You have stated the facility will tie onto the Cane Creek Sanitary Sewer District this year. If this system does not tie onto the public sewer by the end of 2013 the operational and maintenance issues will have to be resolved. Please refer to the enclosed inspection report for important comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enclosure cc: Central Files Asheville Files Robert Orr,ORC PO Box 842 Etowah, NC 28729 Goldie and Associates 210 W.North 2"d St Seneca, SC 29678 S:\SWP\Henderson\Wastewater\Industrial\Fletcher Warehouse 00094\CSI.Jan2013.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One Phone:(828)296-4500\FAX:828 299-7043 NorthCarolina Internet:www.ncwaterouaiity.org NaturaI& �'�, ,� , i��� �� United States Environmental Protection Agency Washington,D_C.20460 Form Approved. EPA OMB No.2040-0057 Water Comploance-Inspertdon Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES ydmo/day Inspection Type Inspector Fac Type 1 INI 2 I s l 11 NC0000094 111 121 13/01/14 117 18I S l 19I S I 20I Remarks 211IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIl6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ------------------------Reserved------------------- 67I 169 70I 2 I 71 I N I 721 N I 731 11 74 751 I I I I I I 1 80 Section B: Facility Data I 1 I Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Fletcher Warehousing Company 09:00 AM 13/01/14 05/12/01 4600 Hendersonville Rd Exit Time/Date Permit Expiration Date Fletcher NC 28732 11:00 AM 13/01/14 10/11/30 Name(s)of Onsite Representative(s)fTitles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Charles D Owen,PO Box 188 Fletcher NC 2 87 3201 88//82 8-651-981 5/82865 1 98 1 7 Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit N Flow Measurement Operations&Maintenance Records/Reports Self-Monitoring Program 0 Facility Site Review ■Effluent/Receiving Waters ■Storm Water Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Linda S Wiggs f"2v` ARO WQ#828-296-4500 Ext.4653/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (Colic- 1 3 12,� NC0000024 �11 13/01/14 ( �� 18 1 Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) This wastewater system is an old industrial wastewater treatment plant(WWTP). It is a very large system that at one time could treat—4MGD of industrial wastewater. The system now receives domestic wastewater from a couple of bathrooms in the warehouse. The components of the WWTP are basically inoperable, plants are growing in the clarifiers; the system is functioning only as a gravity pass through flow. Because of the systems size and lack of flows, it rarely discharges. Effluent limits are being met when it does discharge, one eleveated fecal was noted in the last 48 months. However, it is possible the elevated fecal may have been caused by waterfowl. The old basins are full of duck weed and the facility is frequented by flocks of nesting waterfowl The small amount of domestic waste is to be tied onto the Cane Creek Sewer District this year, likely this summer. Many discussions of tieing this system onto the public sewer have occurred over the years. If this system does not tie onto the public sewer this year, it will be required of the owner to bring the facility into a working order. The plant growth and lack of operable parts would have to be remedied if'the system is to be considered compliant, operation and maintenance is currently non-compliant. Not all parameters of the effluent were evaluated during the inspection, however TSS and Fecal samples were obtained. The results are Fecal=1/1 00ml and TSS=11 mg/I. Because of the lack of flow, compliant monitoring reports, compliant inspection sampling results and the lack of apparent damage to the environment from this discharge the inspector is willing to hold off until December 2013 on requiring this facility to get its operation and maintenance(O&M)compliant. However, if the facility has not tied onto the public sewer system by the end of 2013 a Notice of Violation may be issued requiring remedial action related to the O & M of the facility. ti Page# 2 Permit: NC0000094 Owner-Facility: Fletcher Warehousing Company Inspection Date: 01/14/2013 Inspection Type: Compliance Sampling Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n 0 Does the facility analyze process control parameters,for ex:MLSS,MCRT,Settleable Solids, pH,DO,Sludge ■ DO ❑ Judge,and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ n 0 n Is the facility as described in the permit? ■ n n n #Are there any special conditions for the permit? ❑ ■ n ❑ Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n ❑ Comment: Pump Station-Influent Yes No NA NE Is the pump wet well free of bypass lines or structures? ■ n n n Is the wet well free of excessive grease? ■ n n n i Are all pumps present? ■ n n n Are all pumps operable? ■ n n n Are float controls operable? n ❑ ■ n Is SCADA telemetry available and operational? n n ■ n Is audible and visual alarm available and operational? ■ n n n Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual n b.Mechanical n Are the bars adequately screening debris? n ❑ ■ n Is the screen free of excessive debris? n n ■ n Is disposal of screening in compliance? n n ■ n Is the unit in good condition? n n ■ n Comment: Aeration Basins Yes No NA NE Page# 3 Permit: NC0000094 Owner-Facility: Fletcher Warehousing Company Inspection Date: 0 111 4/2 01 3 Inspection Type: Compliance Sampling Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Surface Is the basin free of dead spots? n n n ■ Are surface aerators and mixers operational? n ■ n n Are the diffusers operational? n n n ■ Is the foam the proper color for the treatment process? n n n ■ Does the foam cover less than 25%of the basin's surface? n n n ■ Is the DO level acceptable? n n n ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) n n ❑ ■ Comment: One floating aerator works. There is no foam present in the basins. The basin are covered in duck weed. System is basically operating like ponds. See summary. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? ■ n n n Are weirs level? ■ n n n Is the site free of weir blockage? n ■ n n Is the site free of evidence of short-circuiting? ❑ ■ n n Is scum removal adequate? n ■ n n Is the site free of excessive floating sludge? n n ■ n Is the drive unit operational? n ■ n n Is the return rate acceptable(low turbulence)? n n ■ n Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) n n ■ n Comment: This system is not operational.There are plants growing in it. This system acts as a flow through. See summary. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? n n ■ n Are the tablets the proper size and type? ■ n n n Number of tubes in use? 0 Page# 4 Permit: NC0000094 Owner-Facility: Fletcher Warehousing Company Inspection Date: 01/14/2013 Inspection Type: Compliance Sampling Disinfection-Tablet Yes No NA NE Is the level of chlorine residual acceptable? ❑ ❑ ❑ ■ Is the contact chamber free of growth,or sludge buildup? 0 ■ n Q Is there chlorine residual prior to de-chlorination? ❑ ❑ ❑ ■ Comment: This system also has plant growth. Tablets are dropped into the last trough of this unit for disinfection. see summary. Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? ■ ❑ n Is flow meter calibrated annually? ■ ❑ ❑ ❑ Is the flow meter operational? ■ n fl n (If units are separated)Does the chart recorder match the flow meter? ■ n D 01 Comment: Gallons were indicated. Page# 5 � EFA AW NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E.Skvarla, III Governor Director Secretary January 28, 2013 Charles D. Owen Fletcher Warehousing Company PO Box 188 Fletcher NC 28732 SUBJECT: NPDES Stormwater Permit Compliance Inspection Fletcher Warehousing Company Permit No: NCG060312 Henderson County Dear Mr. Owen: This letter is in follow-up to the NPDES Storm-water Permit Compliance Inspection conducted on January 15, 2013. The facility was found to be marginally compliant with permit NCG060312. Enclosed is a copy of the Compliance Inspection Report,which contains important information for your reference. Please contact me at(828)296-4653 or linda.wiggs(Anedenr.goV,if I can be of any further assistance. Sincerely, Linda Wiggs Environmental Senior Specialist Surface Water Protection Enclosure cc: Central Files Asheville Files Robert Orr,ORC PO Box 842 Etowah,NC 28729 Goldie and Associates 210 W.North 2nd St Seneca,SC 29678 S:\SWP\Henderson\Stormwate1kNCG06 Food and Kindred\FletcherCrossing-Warehouse\CEI.ltr.7an2013.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 CEng Phone:828-296-4500\FAX:828-299-7043 Internet:www,ncwaterquality.org ort hC lin An Equal Opportunity t Affirmative Action Employer warallry "- t�� \`�_+ �_. �'l Compliance Inspection Report Permit: NGG060312 Effective: 12/01/12 Expiration: 10/31/17 Owner: Fletcher Warehousing Company SOC: Effective: Expiration: Facility: Fletcher Warehousing Company County: Henderson 4600 Hendersonville Rd Region: Asheville Fletcher NC 28732 Contact Person: Charles D Owen Title: Phone: 828-651-9815 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 01/15/2013 Entry Time: 09:00 AM Exit Time: 11:00 AM Primary Inspector: Linda S Wiggs Phone: 828-296-4500 Secondary Inspector(s): Ext.4653 Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Food/Tobacco/Soaps/Cosmetics/Public Warehousing Stormwater Discharge COC Facility Status: El Compliant ■Not Compliant Question Areas: Storm Water (See attachment summary) Page: 1 Permit: NCG060312 Owner-Facility: Fletcher Warehousing Company Inspection Date: 01/15/2013 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: The owner stated an interest in No Exposure and has submitted in the past a application for No Exposure. No Exposure in the past was denied because work was needed to clean the site. During this inspection the area near the woodworking shop had excessive wood dust build up. Until this area is cleaned up and remains clean the site will not qualify for No Exposure.There were also other areas discussed with Charles Owen regarding the site meeting a No Exposure certification. Until the No Exposure is granted the facility is covered under the NCG06 stormwater permit and needs to meed the requirements of this permit. A Stormwater Pollution Prevention Plan (Part II, Section A)has to be deveoped and implemented. Montioring requirements(Part ll, Section B-D,Table 1.)have to be performed at both outfalls. Page: 2 Permit: NCG060312 Owner-Facility: Fletcher Warehousing Company Inspection Date: 01/15/2013 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? 0 ■ n Cl #Does the Plan include a General Location(USGS)map? ❑ ■ ❑ 0 #Does the Plan include a"Narrative Description of Practices"? ❑ ■ Cl n #Does the Plan include a detailed site map including outfall locations and drainage areas? ❑ ■ ❑ Q #Does the Plan include a list of significant spills occurring during the past 3 years? ❑ ■ 0 ❑ #Has the facility evaluated feasible alternatives to current practices? ❑ ■ ❑ n #Does the facility provide all necessary secondary containment? Q ■ n n #Does the Plan include a BMP summary? ❑ ■ ❑ ❑ #Does the Plan include a Spill Prevention and Response Plan(SPRP)? ❑ ■ n #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ❑ ■ ❑ ❑ #Does the facility provide and document Employee Training? ❑ ■ ❑ 0 #Does the Plan include a list of Responsible Party(s)? n ■ n n #Is the Plan reviewed and updated annually? ❑ ■ ❑ ❑ #Does the Plan include a Stormwater Facility Inspection Program? ❑ ■ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ❑ ■ ❑ n Comment: SP3 was not presented during the inspection. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? n ❑ ❑ ■ Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ ❑ ❑ ❑ #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ ❑ Comment: Previous inspector told owner to sample at the two streams/drainage ditches/wetland areas. One is being sampled, by the influent pump station dam. Permit and Outfalls Yes No NA NE #Is a copy of the Permit and the Certificate of Coverage available at the site? n n n ■ #Were all outfalls observed during the inspection? ■ ❑ ❑ n #If the facility has representative outfall status,is it properly documented by the Division? n ❑ ■ Q #Has the facility evaluated all illicit(non stormwater)discharges? ❑ ■ ❑ ❑ Comment: See Summary. Page: 3 4`-' y�✓^ 1. VIA �..,..- WA North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E.Skvarla, III Governor Director Secretary January 29,2013 Mr. Mark Simpson P.O. Box 545 Dillsboro,NC 28725 Subject: 401 Water Quality Certification-Approval Bear Lake Property Management—Mark Simpson DWQ Project# 13-0024 Jackson County LTN02/Bear Creek Lake/2-79-(5.5)/WS-III, B, Trout Dear Mr. Simpson: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact approximately 0.02 acres(approximately 262 linear feet of shoreline)of open waters for the purpose of shoreline stabilization at the subject property.This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USAGE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to)Erosion and Sediment Control,Watersupply watershed, and Trout buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-450M FAX:828-299-7043 RTOne 7 Internet:www.ncwaterquality.org NorthCarolina awrall An Equal Opponuniiv'�Affirrna6ve Action Employer Mr.Simpson January 29,2013 Page 2 of 2 Amount Approved(Units) Plan Location or Reference Waters Appx. 0.02 (acres) Application Appx. 262(linear feet, LF) shoreline; 232 LF boulder/rip-rap; 30 LF rip- rap only *Refer to Duke Energy guidelines for boulder wall design If working from the shoreline(rather than a barge),vegetation must be replaced in accordance with Nantahala Area Vegetation Management Requirements [ref.to Exhibit 1,Part 5.b.of Duke Power Nantahala Area Shoreline Management Guidelines]. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the ' Clean Water Act. If you have any questions,please contact Susan.Wilson in the Asheville Regional Office at (828)296-4665 or at susan.a.wilson cr,nedenngov . Sincerely, 5 for Charles Wakild,P.E.,Director C W/saw Enc: GC3898 Certificate of Completion cc: Duke Energy Lake Services—Lisa Leatherman WBSCP Unit—Central Office Jackson County Planning—Steve Beasley Chad Ensley, e-copy ARO File Copy S:\SWP\Jackson\401s\Non-DOT\Simpson Bear Lake\APRVL.Simpson Bear Lake 1 2013.doc` AL1400 OWN WIN N! North Carolina Department of Environment and natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E.Skvarla,III Governor Director Secretary January 29,2013 Mr. Richard D. Ivy 116 Kennemer Court Johns Creek, GA 30097 Subject: 401 Water Quality Certification-Approval Ivy Lot 101 Bear Lake DWQ Project# 12-1126 Jackson County LTN02/Bear Creek Lake/2-79-(5.5)/WS-III, B, Trout Dear Mr. Ivy: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact approximately 0.05 acres (approximately 400 linear feet of shoreline) of open waters for the purpose of shoreline stabilization at the subject property.This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers(USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to)Erosion and Sediment Control,Watersupply watershed, and Trout buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500\FAX:828-299-7048 N n t�l�c f O�lI1d Internet www.ncwaterquality.org An Equal Opportunity,Affirmative Action Employer Nahirally Mr.Ivy January 29,2013 Page 2 of 2 Amount Approved(Units) Plan Location or Reference Waters Appx. 0.05 (acres) Application and e-mail Appx. 400(linear feet, dated 1/16/2013 (C. LF) shoreline; 200 LF Ensley) boulder/rip-rap;200 LF rip-rap only *Refer to Duke Energy guidelines for boulder wall design If working from the shoreline(rather than a barge),vegetation must be replaced in accordance with Nantahala Area Vegetation Management Requirements [ref. to Exhibit 1,Part 5.b. of Duke Power Nantahala Area Shoreline Management Guidelines]. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699- 6714. This certification and its conditions,are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the , Clean Water Act. If you have any questions,please contact Susan Wilson in the Asheville Regional Office at (828)296-4665 or at susan.a.wilsonk.ncde.nr.gov . Sincerely, V for Charles Wakild,P.E.,Director CW/saw Enc: GC3898 Certificate of Completion cc: Duke Energy Lake Services—Lisa Leatherman WBSCP Unit—Central Office Jackson County Planning— Steve Beasley Chad Ensley, e-copy ARO File Copy S:\SWP\Jackson\401s\Non-DOT\APRVL.Ivy Bear Lake 1 2013.doc, WAAL E Sk E N Pt North Carolina Department of Environment and Natural Resources Division of Water Quality Fat McCrory Charles Wakild, RE; John E.Skvarla, III Governor Director Secretary January 29, 2013 Thomas Ruckdeschel Post Office Box 5731 Cary,North Carolina 27512 Subject: 401 Water Quality Certification-Approval Ruckdeschel Shoreline Stabilization DWQ Project#2013-0034 Burke County CTB30/Catawba River(Lake James)/ 11-(23)/Class WS-V,B Dear Mr. Ruckdeschel: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 352 linear feet of open waters for the purpose of bank stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USAGE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to) Erosion and Sediment Control and Catawba River Buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are meta No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters 352 (linear feet) (0.016 Acres) Application Item 7. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-45001 FAX:828-299-7043 One Internet:www.ncwaterquality.org NorthCarollna An Equal Opportunity 1 Affirmative Action Emolover at=71411 Ruckdeschel Shoreline Stabilization January 29,2013 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at (828)296-4657. Sincerely, r for Charles Wakild,P.E.,Director CW/khb Enc: GC3898 Certificate of Completion cc: David McHenry,NC Wildlife Resources Commission �J USACE Asheville Regulatory Field Office WBSCP Unit—Central Office File Copy S:\SWP\Burke\401 s\Non-DOT\Ruckdeschel.Soutpointe206\appvl.Ruckdesche1.01-29-2013.doc rMIRR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild,P.E. John E.Skvarla, III Governor Director Secretary January 29, 2013 Mr. Wei Lin Environmental Management Geological Consultants, Inc 412 Roosevelt Drive Derby, Connecticut 06418 SUBJECT: First Annual Monitoring Baseline Report Stream Restoration Project Hubbell Distribution, hie. 20 Glenn Bridge Road Arden,North Carolina 28704 Dear Mr. Wei Lin: This letter is a follow-up response to the First Annual Monitoring Baseline Report submitted to our office on January 15,2013 concerning a Notice of Violation(NOV) dated February 1, 2011 at Hubbell Distribution,Inc. in Arden,North Carolina. The Asheville Regional Office has reviewed the submitted report and would like a plan of action as to how the following will be addressed: • As the initial downstream project was performed to address a perched culvert situation which limited, or prohibited, aquatic life passage,how will structures 4 and 5 be dealt with such that these are not aquatic life passage barriers? • Structure 6 has lateral instability,resulting in a channel that is unstable. How will this structure be dealt with which will result in a stable channel pattern? • Structure 5 has been hydraulically bypassed. How will this be dealt with which results in a stable channel pattern? Please provide a plan for addressing and re-evaluating these structures and items listed above. Please contact meat(828)296-4664 or Tim.Fox(amcdenngov, if I can be of any further assistance. Sincerel , r Ti ox Environmental Specialist Surface Water Protection Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 OIlC Phone:828-296-45001 FAX:828-299-7043 N©Pt11�1T Ohlla Internet:www.ncwaterquality.org An equal Opportunity i Affirmative Action Employer ahIM4 Enclosure cc: Central Files Asheville Files John Mulvihill,Assistant General Counsel,Hubell Inc. Paul Dow,P.E. Altamont Environmental,Inc. S:\SWP\Buncombe\401s\Non-DOT1Hubbell\Hubbell First Annual Monitoring Baseline Report 01-28-13.doc ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E John E. Skvarla,III Governor Director Secretary January 29, 2013 Patricia A.Dekret PNC Bank,N.A. Two PNC Plaza 620 Liberty Avenue Mailstop: P2-PTPP-18-4 Pittsburgh,PA 15222 Subject: Limit of Responsibility Hesselbirg Property at 397 Sunny Lane,Franklin NOV-2011-SS-0025 Incident Closure Macon County Dear Ms. Dekret: The Division of Water Quality appreciates your follow up to the issued Closure of Notice of Violation with respect to the property located at 397 Sunny Lane. This office will not pursue any further water quality issues associated with the above referenced Notice of Violation,with any future owners of the property. Should any future land disturbance occur, water quality issues associated with that activity will be pursued with that responsible party. I appreciate your attention in this matter. Should you have any questions regarding these matters,please contact Kevin Barnett at(828)296-4657 or kevin.barnett(a ncdenr.gov . Sincerely, Kevin Barnett Environmental Specialist Surface Water Protection Section SAS VYT Macon\Complaints\Hesselbirg\Hesselbirg.LimitofLiability.01-29-2013.doex SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOl'111CaT Ohila Phone:: www.ncwaterquality.org FAX:828-299-70431 Customer Service:1-877-623-6748 �lxtlll'RC�I� Internet: www.ncwaterquality.org L An Equal Opportunity t Affirmative Action Employer �� \��i J `�� 1 Alla .�. NCDENR North Carolina Department Of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P, E. John E. Skvarla III Governor Director Secretary January 29, 2013 Lee Smith,Water and Sewer Director City of Hendersonville PO Box 1760 Hendersonville, NC 28792 Subject: Permit No.WQ0036342 City of Hendersonville Jimmy Dale Freeman Wastewater Collection System Extension Henderson County Dear Mr.Smith.: In accordance with your application received January 24, 2013, we are forwarding herewith Permit No. WQ0036342 dated January 29,2013,to City of Hendersonville for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. This cover letter and supplement shall be considered a part of this permit and are therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T.0403 or any individual system-wide collection system permit issued to the Permittee. It shall be responsibility of the City of Hendersonville to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes,and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made,this permit shall be final and binding. S:\SWP\Henderson\Collection Systems\Hendersonville CS\WQ0036342-Hender5onville-JimmyDale Freeman.docx SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE 2090 U.S.Highway 70,Swannanoa,NC 28778 One Phone:(828)296-4500 FAX:828 299-7043 NorthCarol/ina Internet:www.nmaterauality.om �Rtllt'aj[lJ An Equal Opportunity\Affirmative Action Employer City of Hendersonville WQ0036342 If you need additional information concerning this matter, please contact Linda Wiggs at(828)296-4500 or via e-mail at linda.wiggs@ncdenr.gov Sincerely, for Charles Wakild, P.E., Director Division of Water Quality enclosure: Eng.Cert. cc: Jon H. Laughter Henderson County Health Department Henderson Building Inspections Department Asheville Regional Office,Surface Water Protection Section Water Quality Central Files PERCS(electronic copy) «4 \rr G NR STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,and other applicable Laws, Rules,and Regulations, permission is hereby granted to the City of Hendersonville Henderson County for the construction and operation of approximately 120 linear feet of 8-inch gravity sewer as part of the Jimmy Dale Freeman project,and the discharge of 360 gallons per day of collected domestic wastewater into the Hendersonville WWTP existing sewerage system, pursuant to the application received January 24, 2013, and in conformity with 15A NCAC 2T, the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. Permit issued this the 29 day of the Januar „ 013. for Charles Wak4fd, P.E., Director Division of Water Quality By Authority of The Environmental Management Commission Permit Number:WQ0036342 SUPPLEMENT TO PERMIT COVER SHEET City of Hendersonville is hereby authorized to: Construct, and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the Hendersonville Wastewater Treatment Facility prior to being discharged into the receiving stream. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T, the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions 11.STANDARD CONDITIONS -J 1. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership,or there is a name change of the Permittee,a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved,and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T.0403. If an individual permit is not required,the following performance criteria shall be met as provided in 15A NCAC 2T.0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters,and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B.0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems, the Grease Control Program shall include at least bi-annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a)through (i)of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. 5. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number 828-296-4500, as soon as possible, but in no case more than 24 hours or on the next working day,following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage,etc.;or b. Any SSO and/or spill over 1,000 gallons;or c. Any SSO and/or spill,regardless of volume,that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number(800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO(or the most current Division approved form)within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form CS-SSO(or the most current Division approved form)can also be completed to show that the SSO was beyond control. 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 7. Per 15A NCAC 2T.0116, upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles of Incorporation,Declarations/Covenants/Restrictions,and Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: a. One copy of the project construction record drawings(plan & profile views of sewer lines&force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers,separation distances, material changes, etc. ti b. One copy of the supporting pump station design calculations (selected pumps, system curve, operating point, buoyancy calculations, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project. c. Changes to the project that do not result in non-compliance with this permit,regulations,or the Minimum Design Criteria should be clearly identified on the record drawings, on the certification in the space provided,or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non- compliance with this permit(including pipe length increases of 10%or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the number/type of connections), regulations, or the Minimum Design Criteria. Requested modifications or variances to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After-construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification&activation. 8. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 9. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T;the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes§143-215.6A through§143-215.6C,construction of additional or replacement `% wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. 10. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions,the Permittee shall take immediate corrective action,including those as may be required by this Division,such as the construction of additional or replacement facilities. 11. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations,or ordinances that may be imposed by other government agencies(local,state and federal)which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B.0200,erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 26.0200 and 15A NCAC 2H.0500. ��i ��\ ��`, �, FAST TRACK ENGINEERING CERTIFICATION Permittee: City of Hendersonville Permit No.WQ0036342 Project: Jimmy Dale Freeman Issue Date: 01/29/2013 Complete and submit this form to the permit issuing regional office with the following: • One copy of the project record drawings(plan &profile views and detail drawings of sewer lines)of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk)in pdf format. Record drawings should indicate the design and the marked up changes during construction. • Supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s)or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this Permit regulations or minimum design criteria. Modifications should be submitted priorto certification This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's Certification and all required supporting documentation. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. PERMITTEE'S CERTIFICATION I, the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements , the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name,Title Signature Date ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the subject project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's Seal,signature, and date: .............................................................. ....................... SEND THIS FORM&SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 HWY 70 Swannanoa, NC 28778 :...................................................................................... The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. DWQ Use Only: Flow from this project.is tributary to:.NCO025534 t®� w MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E. Skvarla,III Governor Director Secretary January 29,2013 Robert Penland Robert Penland Construction 283 Muskrat Creek Road Hayesville,North Carolina 28904 Subject: Stream Stabilization Penland Property on Muskrat Creek Road Clay County Dear Mr.Penland: On January 23,2013,Kevin Barnett of the Division of Water Quality,along with David Brown of the US Army Corps of Engineers,Jeff Wait of the Division of Land Resources,and David McHenry of the Wildlife Resources Commission,met with you onsite to discuss stream-bank instability and potential repair work. It was decided that,a limited amount of immediate bank stabilization would be authorized, and that a longer term fix would be pursued in the future. The following was approved during the site meeting: • Filter fabric shall be laid along the eroded stream-bank and staked in place. • Large boulders(>2 feet across)would be placed at the toe of the stream bank. This work was deemed necessary for the immediate protection of the residence onsite. The long term repair would include the following: • The evaluation of the use of in-stream structures which would divert stream energy away from the stream-bank. • The establishment of a woody riparian zone along the stream-bank to stabilize in-situ soils. • This work should be completed outside the trout spawning season(Oct. 15 to April 15 of each year). Thank you for your attention to this matter. Should you have any questions,please contact me at(828) 296-4657. Sincerely, f Kevin Barnett,Environmental Specialist Surface Water Protection cc: Jeff Wait-Division of Energy,Mineral and Land Resources ARO David McHenry,Wildlife Resources Commission David Brown,US Army Corps of Engineers,Asheville Regulatory Field Office S:\S WP\Clay\Complaints\PenlandPropertyonMuskratCreekRoad\Penland.StreambmBtabilization.doex SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOTt11CaTO�llla Phone:: www.ncwaterquality.org FAX: .or 299-7043 aturQ��l� Internet: www.ncwaterquality.org L An Equal Opportunity 1 Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E. Skvarla, III Governor Director Secretary January 29,2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2353 Mr.Christopher A.Miles and Mrs.Christina M.Miles 4900 Mineral Springs Road Connelly Springs,NC 28612 Subject: DWQ Notice of Violation Closure NOV-2009-DV-0249 Miles Property Burke County Dear Mr. and Mrs.Miles: On November 30,2012,Kevin Barnett from the Asheville Regional Office of the Division of Water Quality(DWQ)conducted a follow-up site visit to determine the compliance status of the site and to see if the stream clean-up was completed as described in the Settlement Agreement signed by DWQ on February 13,2012. Lee Gragg was also present during the site visit. During the site visit,DWQ determined that the stream clean-up and restoration activities had occurred to the satisfaction of DWQ and therefore,the above Notice of Violation has been closed_ Thank you for your attention to this matter. Should you have any questions,please contact Kevin Barnett at(828)296-4657. Sincerely, Chuck Crford,Regional Office Supervisor Surface Water Protection cc: Mell Nevils-Division of Energy,Mineral.and Land Resources CO Laura Herbert-Division of Energy,Mineral and Land Resources ARO Lee Gragg,P.E. Burke County Planning Department Shelton Sullivan—VMS Compliance&Permitting Unit SASWP\Burke\Stormwater\NCG01 Construction\'MilesMotorcrossTrack\Nliles NOV Closure.1.25.13,docx SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S,Highway 70,Swannanoa,North Carolina 28778 NOrthCarOhna Phone:: www.ncwa e FAX: .or 299-70431 Customer Service:1-877 623-67d8 �� t,N�/`� Internet: www.ncwaterquality.org [�l` l` An Equal Opportunity\.Affirmative Action Employer \�J� �"\f\ 1��,/ /v AGA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E. Skvarla III Governor Director Secretary January 29, 2013 Sally Sandy,City Manager City of Morganton PO Box 3448 Morganton, NC 28680 Subject: Permit No.WQ0036345 City of Morganton Cox Street-West Fleming Sewer line Repair Wastewater Collection System Extension Burke County Dear Ms.Sandy: In accordance with your application received January 23, 2013, we are forwarding herewith Permit No. WQ0036345, dated January 29, 2013, to City of Morganton for the construction and operation of the . subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. This cover letter and supplement shall be considered a part of this permit and are therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T.0403 or any individual system-wide collection system permit issued to the Permittee. It shall be responsibility of the City of Morganton to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made,this permit shall be final and binding. S:\SWP\Burke\Collection Systems\Morganton Collection System\WQ0036345-Morgaton-Cox-West Fleming SewertineRepair.docx SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE 2090 U.S.Highway 70,Swannanoa,NC 28778 One Phone:(828)296-4500 FAX:828 299-7043 NOrthCarolina Intemet:www.ncwatercivality.ora NQtuWlt fl An Equal Opportunity t Affirmative Action Employer City of Morganton WQ0036345 If you need additional information concerning this matter, please contact Linda Wiggs at(828)296- 4500or via e-mail at linda.wiggs@ncdenr.gov Sincerely, c for Charles Wakild, P.E.,Director Division of Water Quality enclosure: Eng Cert cc: Mark A.Young Burke County Health Department Morganton Building Inspections Department Asheville Regional Office,Surface Water Protection Section Water Quality Central Files PERCS(electronic copy) F wr► .rrrrrrrYr MCDENR STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,and other applicable Laws, Rules,and Regulations, permission is hereby granted to the City of Morganton Burke County for the construction and operation of approximately 275 linear feet of 8-inch gravity sewer; as part of the Cox Street-West Fleming Sewer Line Repair project, pursuant to the application January 23, 2013 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12,1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. Permit issued this the 29 day pf the January,2013. r for Charles W4161d, P.E., Director Division of Water Quality By Authority of The Environmental Management Commission Permit Number:WQ0036345 A SUPPLEMENT TO PERMIT COVER SHEET City of Morganton is hereby authorized to: Construct, and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the Morganton Wastewater Treatment Facility prior to being discharged into the receiving stream. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions 11.STANDARD CONDITIONS 1. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership,or there is a name change of the Permittee,a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved,and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved_ 2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T.0403. If an individual permit is not required,the following performance criteria shall be met as provided in 15A NCAC 2T.0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters,and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day(i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems, the Grease Control Program shall include at least.bi-annual - distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a)through (i) of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. 5. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number 828-296-4500, as soon as possible, but in no case more than 24 hours or on the next working day,following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage,etc.;or b. Any SSO and/or spill over 1,000 gallons;or c. Any SSO and/or spill,regardless of volume,that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919)733-3300. Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO(or the most current Division approved form)within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part 11 of Form CS-SSO(or the most current Division approved form)can also be completed to show that the SSO was beyond control. 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 7. Per 15A NCAC 2T.0116, upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles of Incorporation,Declarations/Covenants/Restrictions,and Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: a. One copy of the project construction record drawings(plan &profile views of sewer lines&force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers,separation distances, material changes, etc. b. One copy of the supporting pump station design calculations (selected pumps, system curve, operating point, buoyancy calculations, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project. c. Changes to the project that do not result in non-compliance with this permit,regulations,or the Minimum Design Criteria should be clearly identified on the record drawings, on the certification in the space provided,or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non- compliance with this permit (including pipe length increases of 10%or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the number/type of connections), regulations, or the Minimum Design Criteria. Requested modifications or variances to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After-construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification&activation. 8. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 9. Failure to abide by the conditions and limitations contained in this permit;1SA NCAC 2T;the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with % North Carolina General Statutes§143-215.6A through§143-215.6C, construction of additional or replacement \ wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. 10. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions,the Permittee shall take immediate corrective action,including those as may be required by this Division,such as the construction of additional or replacement facilities. 11. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations,or ordinances that may be imposed by other government agencies(local,state and federal)which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B.0200, erosion and sedimentation control requirements in 15A NCAC Ch.4 and under the Division's General Permit NCGO10OOO, and any requirements pertaining to wetlands under 15A NCAC 26.0200 and 15A NCAC 2H .0500. `�> _� i ,.`�, FAST TRACK ENGINEERING CERTIFICATION Permittee: City of Morganton Permit No.W00036345 Project: Cox Street-West Fleming Dr.Sewerline Repair Issue Date: 01/29/2013 Complete and submit this form to the permit issuing regional office with the following: • One copy of the project record drawings(plan&profile views and detail drawings of sewer lines) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk)in pdf format. Record drawings should indicate the design and the marked up changes during construction. • Supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s)or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. Modifications should be submitted prior to certification This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's Certification and all required supporting documentation. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. PERMITTEE'S CERTIFICATION I, the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements , the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name,Title Signature Date ENGINEERS CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe(❑ periodically; ❑weekly, ❑ full time) the construction of the subject project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's Seal,signature,and date: SEND THIS FORM&SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 HWY 70 Swannanoa, NC 28778 The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. DWQ Use Only: Floe from this project is tributary to:NC26.573 _.. j �} j .,..'��/ MISENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild,P.E. Jahn E. Skvarla, III Governor Director Secretary January 30,2013 Madison County DWQ Project 20130078 NCSR 1169(Caldwell Road) Approval of 401 Water Quality Certification with Additional Conditions Mr.J.J. Swain,Jr.,P.E. Division 13 Engineer North Carolina Department of Transportation Post Office Box 3279 Asheville,North Carolina,28802 Dear Mr. Swain: You have our approval, in accordance with the conditions listed below,for the following impacts in Caldwell Branch for the purpose of widening and making improvements to NCSR 1169(Caldwell Road)in Madison County: Stream Impacts in the French Broad River Basin Site Permanent Fill Stream Permanent Temporary Total Stream in Intermittent Relocation Fill in Impacts in Stream Impacts Stream(linear (linear ft) Perennial Perennial Impact Requiring ft) Stream Stream (linear ft) Mitigation (linear ft) (linear ft) (linear ft Site 1 0 0 10 15 25 0 Total 0 0 10 15 25 0 Total Permanent Stream Impacts for Project: 10 lin.ft.Total Temporary Stream Impacts for Project: 15 linear ft. The project should be constructed in accordance with your application dated January 16, 2013 (received January 28, 2013), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3886, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition,you should acquire any other federal,state or local permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 1, Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOTtI1Ccll Ohlla j Phone: 6 4500\FAX:828-299-7043 Rt111'lx��lf Internet:: www.ncwaterquality.org L An Equal Opportunity\Affirmative Action Employer Mr.J.J. Swain,Jr.,P.E. January 30,2013 Page Two This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future)exceed 150 linear feet,compensatory mitigation may be required as described in 15A NCAC 2H.0506(h)(6)and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. There shall be no excavation from,or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in`wetlands and waters is unavoidable,they shall be removed and the natural grade restored upon completion of the project. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, an,,,,, maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. Unless otherwise approved in this certification,placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 5. This project has the potential to impact trout waters. No construction activities shall begin until the NCWRC makes a determination regarding moratoria. Should the NCWRC determine that a moratorium is applicable,then the requirements of any moratorium shall be a condition of this 401 Certification. If NCDOT does not wish to honor the moratorium,then a written modification shall be requested. ' Mr.J.J. Swain,Jr.,P.E. January 30,2013 Page Three 6. For projects impacting waters classified by the NC Environmental Management Commission as Trout(Tr),High Quality Waters(HQW),or Water Supply I or II(WSI, WSII)stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating storm water runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. 7. The permittee shall use/Design Standards in Sensitive Watersheds/[15A NCAC 4B.0124(a)-(e)] in areas draining to (HQW)waters.However,due to the size of the project,NC DOT shall not be required to meet 15A NCAC 4B .0124(a)regarding the maximum amount of uncovered acres. Temporary cover(wheat,millet,or similar annual grain)or permanent herbaceous cover shall be planted on all bare soil within 15 business days of ground disturbing activities to provide erosion control. Tall fescue shall not be used in the establishment of temporary or pennanent groundcover within riparian areas. For the establishment of permanent herbaceous cover,erosion control matting shall be used in conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control devices such as silt fence,temporary sediment ditches,basins,etc. Matting should be secured in place with staples, stakes,or wherever possible,live stakes of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid,which can impinge and entrap small animals. For the establishment of temporary groundcover within riparian areas,hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer-and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. 8. If multiple pipes or barrels are required,they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 9. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 10. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 11. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 12. Native riparian vegetation(e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 13. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 14. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed,sized and installed. 15. Heavy equipment shall be operated from the banks rather than- in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 16. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels,lubricants,hydraulic fluids,or other toxic materials. 17. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. Mr.J.J. Swain,Jr.,P.E. January 30,2013 Page Four 18.Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 19. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 20. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 21. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 22. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 23. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 24. The outside buffer,wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 25. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards(including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated,or further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 26. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements,etc. 27. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 28. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401. Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings,6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. Mr.J.J. Swain,Jr.,P.E. January 30,2013 Page Five This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, Charles Wakild,P.E.,Director Division of Water Quality Attachments cc: Lori Beckwith,USAGE,Asheville Field Office Roger Bryan,Division 13,DEO Ben DeWit,Roadside Environmental Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 130078(Swain)NCSR 1169 Caldwell Road I\ �.-�,\ F DER North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, ill Governor Director Secretary January 31,2013 Mr.J.J.Swain,Jr.,P.E. Division 13 Engineer North Carolina Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Permit No, SW1130102 NCSR 1169 Caldwell Road State Stormwater Permit N C Department of Transportation Madison County Dear Mr.Swain: The Asheville Regional Office received a completed Stormwater Application for the subject project on January 17, 2013. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No.SW 1130102 dated January 31,2013 to the NC Department of Transportation for the proposed widening and paving of NCSR 1169 (Caldwell Road) over Caldwell Branch in Madison County. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty(30)days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Mr. Mike Parker at(828) 296-4500, Sincerely, , = Chuck Cranford,Regional Supervisor Surface Water Protection Section Asheville Regional Office SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOI C11Caf011lla Phone:: www.6-45001 FAX:828-299-7043 A Internet www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Mr.J.J. Swain,Jr.,P.E. January 31,2013 Page Two cc: Chris Deyton,Madison County Maintenance Engineer Ed Green,Division 13 Maintenance Engineer Yates Allen,Division 13 Environmental Specialist DWQ Transportation Permitting Unit Mike Parker,Asheville Regional Office f 1 State Stormwater Management Systems Permit No.SW1130102 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT STORMWATER PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws,Rules,and Regulations PERMISSION IS HEREBY GRANTED TO NC Department of Transportation Madison County FOR THE Construction of a public road/bridge in compliance with the provisions of 15A NCAC 2H.1000 (hereafter referred to as the "stormwater rules')and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit for the widening and paving of Caldwell Road over Caldwell Branch on NCSR 1169 in Madison County. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. The amount of impervious surface has been minimized as much as possible. 2. The runoff from the impervious areas has been diverted away from surface waters as much as possible. 3. Best management Practices are employed which minimizes water quality impacts. 4. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 5. Vegetated roadside ditches will be 3:1 slopes or flatter. 6. The project will have sheet flow on grass shoulders and grassed roadway ditches. II. SCHEDULE OF COMPLIANCE 1. The permittee shall at all times provide adequate erosion control measures in conformance with the approved Erosioi,, i Control Plan. 2. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 3. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 4. The permittee shall submit to the Director and shall have received approval for revised plans,specifications,and calculations prior to construction for the following items: a. Major revisions to the approved plans, such as road realignment, deletion of any proposed BMP, changes to the drainage area or scope of the project,etc. b. Project name change. G. Redesign of,addition to,or deletion of the approved amount of built-upon area,regardless of size. d. Alteration of the proposed drainage. 5. The Director may determine that other revisions to the project should require a modification to the permit. III. GENERAL CONDITIONS 1. This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with the terms and conditions of this permit until such time as the Director approves the transfer. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6(A)to 143- 215.6(C). 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal), which have jurisdiction. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit,or terminating the permit as allowed by laws,rules,and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000;and North Carolina General Statute 143-215.1 et.al. 5. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification,revocation and reissuance or termination does not stay any permit condition. 6. The permit issued shall continue in force and effect until revoked or terminated. 7. The permittee shall notify the Division of any name,ownership or mailing address changes within 30 days. Permit issued this the 31st day of January 2013. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMSSION e Charles W"d,P.E.Director % Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW1130102 DOT NCSR 1169 Caldwell Road SW1130102 �\ � � `-F ''� �.. '�_�` :,...: _...... _.._.:.:,.::,. .....__...... ., r 02 .14 Date Received Fee Paid Pem►it Number 1/1 V2013 $505.00(internal Transfer) SW1130102' State of North Carolina �`� I� k 7 i Department of Environment and Natural Resourees: I ' 1, Division of Water Quality i, w ' I STORMWATER MANAGEMENT PERMIT APPLICATIO1 FOIM. _LL NORTH CAROLINA DEPARTMENT OF TRANSPORtAiION LINEAR ROADWAY PROJECT This farm may be photocopied for use as an original. DWO Stormwater Management Plan.Review: A complete stormwater management plan submittal includes this application form,a supplement form for each BMP proposed(see Section V),design calculations,and plans and specifications showing all road and BMP details. L PROJECT INFORMATION NCDOT Project Number: 13C.057020 County: Madison Project Name: SR 1169(Caldwell Road)Secondary Road Improvement Project Location: SR 1169 is located off SR 1168 Mat Road)approximately 1.1 miles north of Spring Creek. ! Contact Person: Yates Allen Phone: 828-251-6171 Fax: Receiving Stream Name: Caldwell Branch River Basin: French Broad Class: C:Tr;ORW Proposed linear feet of project: 800 _ proposed Structural BMP and Road Station(attach a list of station and BMP type if more room is needed): No structural BMP's are proposed. The project will have sheet flow ran grass shoulders and grassed roadway Glitches. Type of proposed project: (check all that apply): ❑New ®Widening ®2 lane* ❑4 lane* ❑Curb and Gutter ❑Bridge Replacement ZOther(Describe) Widen,grade drain and pave to currentNCDOTSeconda-a Road Standards. *2 lane and 4 lane imply that roadside ditches are used unless Curb and Gutter is also checked, H. REQUIRED ITEMS CHECKLIST Initial in the space provided below to indicate the following design requirements have been met and supporting documentation is attached. Supporting documentation shall,at a minimum,consist of a brief narrative description including(1)the scope of the project,(2)how the items below are met,(3)how the proposed best management practices minimize water quality impacts,and(4)any significant constraints and/or justification for not meeting a,b,c and d to the maximum extent practicable. Designer's.Initials C,S.L) a. The amount of impervious surface has been minimized as much as possible. C b. The runoff from the impervious areas has been diverted away from surface waters as much as possible. Best Management Practices are employed which minimize water quality impacts. S,D Vegetated roadside ditches are 3:1 slope or flatter. 17nn" CUTA.l11_T�Tf`71f1T 1 inaar Rnariv�r,r_RP�r 3 PPI1P 1 of 7 III. OPERATION AND MAINTENANCE AGREEMENT I acknowledge and agree by my initials below that the North Carolina Department of Transportation is responsible for the implementation of the four maintenance items listed. l agree to notify DWQ of any operational problems with the BMA's that would impact water quality or prior to making any changes to the system or responsible party. Maintenance Engineer's Initials G�b --a. BMP's shall be inspected and maintained in good working order. ,f G )—b. Eroded areas shall be repaired and reseeded as needed. I E STD c. Stormwater collection systems,including piping,inlets,and outlets,shall be maintained to insure proper functioning. Maintenance Engineers Name: Chris DoAon Title: Madison CouaV M intenanco Engineer IV. APPLICATION CERTIFICATION F I,(print or type name) fates Allen of Division 13 -Division Office Branch, certify that the information included on this permit application form is,to the best of my knowledge,correct and that the project will be constructed in conformance with the approved plans and that the proposed project complies with the requirements of I SA NCAC 2H.1000. Title:Division Environmental Specialist Address: P.O.Box 3279 Asheville NC 28802 Signature,, L = Date: /4 3 e I" 13 V. SUPPLEMENT FORMS j The applicable state stormwater management permit supplement form(s)listed below must be submitted for each BMP specified for this project, Contact the Stormwater and General Permits Unit at(919)733-5083 for the status and availability of these forms. Form SW401-Low Density Low Density Supplement Form SW401-Curb Outlet System Curb Outlet System Supplement Form SW401-Off--Site System Off-Site System Supplement Form SW401-Wet Detention Basin Wet Detention Basin Supplement Form SW401-I4iltration Basin Infiltration Basin Supplement Form SW401-Infiltration Trench Underground Infiltration Trench Supplement Form SW401-Bioretention Cell Bioretention Cell Supplement Form SW401-Level Spreader Level Spreader/Filter Strip/Restored Riparian Buffer Supplement Porm SW401-Wetland Constructed Wetland Supplement Form SW401-Grassed Swale Grassed Swale Supplement Form SW401-Sand Filter Sand Filter Supplement AM KVRRGRR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 31,2013 Mr. Hughes Walmsley, Jr. 729 Girod St. New Orleans,LA 70130 Subject: 401 Water Quality Certification-Approval Walmsley Lot 109 (Trillium) DWQ Project# 12-1150 Jackson County LTN02/Glenville Lake (Thorpe Lake)/2-79-23-(1)/WS-III,HQW,B Dear Mr. Walmsley: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. You are authorized to place fill within or otherwise impact approximately 0.007 acres of open waters [approximately 60 linear feet of shoreline, dry stack wall w/rip-rap] for the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USAGE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to)Jackson County Erosion and Sediment Control regulations and Duke Energy Lake Services guidelines. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-450M FAX:828-299-7043 1�7One Internet:wvvw.ncwaterquality.org NOrthCarolina An Equal Opportunity Affirmative Action Employer Nllhdl'ally W.Walmsley January 31,2013 Page 2 cf2 Amount Approved(Units) Plan Location or Reference Waters Appx. 0.007 (acres below Boulder wall and rip-rap, full pool) as specified in application [appx. 60 linear feet dry stack w/rip rap] *Refer to Duke Energy guidelines for boulder wall design If working from the shoreline(rather than a barge),vegetation must be replaced in accordance with Nantahala Area Vegetation Management Requirements [ref. to Exhibit 1,Part 5.b. of Duke Power Nantahala Area Shoreline Management Guidelines]. Impervious surfaces (excluding access pathways) should be kept 30 feet back from surface waters [ref. 15A NCAC 213 .0215]. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina __ General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699- 6714. This certification and its conditions are final.and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Susan A.Wilson in the Asheville Regional Office at 828-296-4665. Sincerely, Charles Wakild,P E.,Director CW/saw Enc: GC3898 Certificate of Completion cc: Karen Higgins—WBSCP Unit Steve Beasley, Jackson County Planning Lisa Leatherman,Duke Energy Lake Services Franz Menge—Carruth Homes,P.O. Box 3188, Cashier,NC 28717 ARO File Copy S:\SWP\Jackson\40l s\Non-DOT\Walmsley Glenville\APRVL.Walmsley Trillium.1 2013.doc VA i MUM North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E.Skvarla, III Governor Director Secretary January 31,2013 Mr. Richard E. Munger 550 Trowbrook Road Atlanta, GA 30350 Subject: 401 Water Quality Certification-Approval Munger Property Lot 455,Bear Lake DWQ Project# 13-0055 Jackson County LTN02/Bear Creek Lake/2-79-(5.5)/WS-III,B, Trout Dear Mr. Munger: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact approximately 0.021 acres (approximately 150 linear feet of shoreline) of open waters for the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers(USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal,state or local permits before you proceed with your project including(but not limited to)Erosion and Sediment Control,Watersupply Watershed, and Trout Buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-450M FAX:828-299-7043 7�TOne Internet:www.ncwaterquality.org NorthCaro.ina An Equal Opportunity i,4ffirmative Action Employer Mr.Munger January 31,2013 Page 2 of 2 Amount Approved(Units) Plan Location or Reference Waters Appx. 0.021 (acres) Application Appx. 150 (linear feet, LF)shoreline; rip-rap only *Refer to Duke Energy guidelines for rip rap installation If working from the shoreline(rather than a barge),vegetation must be replaced in accordance with Nantahala Area Vegetation Management Requirements [ref. to Exhibit 1,Part 5.b. of Duke Power Nantahala Area Shoreline Management Guidelines]. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Susan Wilson in the Asheville Regional Office at (828)296-4665 or at susan.a.wilsongnederlr.gov .. Sincerely, for Charles Wakild,P.E., Director CW/saw Eric: GC3 898 Certificate of Completion cc: Duke Energy Lake Services—Lisa Leatherman WBSCP Unit—Central Office Jackson County Planning—Steve Beasley ARO File Copy S:\SWP\Jackson\401 s\Non-DOT\Munger Bear LakeWRVL.Munger 455 Bear Lake 1 2013.doc