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HomeMy WebLinkAboutDWR Read File Archive Jan. 2015 r Qzl WA NR North Carolina Department of Environment and Natural Resources Donald R.van der Vaart Pat McCrory Secretary Governor January 5, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED - 7014 0510 0000 4466 9946 Britt Lovin Andy Oxy Co. Inc. P.O. Box 6389 Asheville,NC 28816 Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2014-OP-0007 (Incident#201401886) Land application of industrial wastewater residuals with a permit Andy Oxy Co. Inc. Buncombe County, NC Dear Mr. Lovin: On November 5, 2014, Brett Laverty of the North Carolina Division of Water Resources conducted a site inspection of the Andy Oxy facility at 27 Heritage Drive in Buncombe County.The purpose of the inspection was to investigate a complaint concerning the off- site migration of industrial wastewater residuals. The nature of the complaint and the resulting violation centers on your acetylene production facility.Acetylene gas is produced almost daily by mixing water and calcium carbide in a reaction tank. Once the reaction is complete,water and calcium hydroxide are discharged as wastewater to an unlined earthen lagoon located in the back of the acetylene manufacturing building. Once dewatered,the calcium hydroxide is moved to an adjacent earthen lagoon to await distribution as a seasonal agricultural soil amendment.According to you,the lagoons have been in operation since the early 1970's. The topography directly behind the lagoons is steeply dipping towards an unnamed tributary to Smith Mill Creek; a class C surface water. Calcium hydroxide was observed outside the lagoon containment area and is currently migrating down the hillside towards the unnamed tributary. Calcium hydroxide was also observed near the tributary and immediately below a stormwater pipe.The inlet for the storm water pipe is located approximately 25 feet from the lagoons.A buildup of calcium hydroxide at the pipe's inlet indicates material is migrating off-site during precipitation events. Other findings of the inspection include the presence of an.unknown quantity of calcium carbide on the ground directly below a dock where the (calcium carbide)flo-bin containers 2090 Us,Hwy.70,North Carolina 28778 Phone:828-296-45001 Internet:www,ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer—Made in part by recycled paper are off-loaded. This dock area is located approximately 70 feet from the above-mentioned stormwater pipe. It is presumed that any calcium carbide mobilized by precipitation will migrate off-site via this stormwater pipe. Calcium hydroxide is a highly alkaline and soluble material capable of generating a pH value greater than 11.A pH value outside that range of 6.0 to 9.0 constitutes a violation of both surface and groundwater standards. There is ample evidence that episodic discharges of calcium hydroxide and calcium carbide are reaching nearby surface waters. Given the length of time the lagoons have been in operation,there are serious concerns that the underlying groundwater quality may be impacted. Violations As a result of the site inspection the following violations are noted: (1) Discharging to Waters of the State Without a Permit (2) Operating a Disposal System Without a Permit. Item I.Discharge Without Valid Permit G.S. 143-215.1 (a) - No person shall do any of the following things or carry out any of the following activities unless that person has received a permit from the Commission and has complied with all conditions set forth in the permit: (1) Make any outlets into the waters of the State Item IL Operating a Disposal System Without a Valid Permit G.S. 143-215.1 (a) No person shall do any of the following things or carry out any of the following activities unless that person has received a permit from the Commission and has complied with all conditions set forth in the permit: (2) Construct or operate any sewer system, treatment works,or disposal system within the State. Required Response This Office requests that you respond to this letter in writing within 15 days of receipt of this Notice. Your response should be sent to this Office at the letterhead address. Your response should address the following items: 1. Immediately secure all waste materials and eliminate any off-site movement of calcium hydroxide and calcium carbide. 2. Please submit a work.plan to assess the volume and extent of the release(s). In this report, provide a map showing the extent of materials near the unnamed tributary. 3. Please submit a cleanup plan for the affected areas. 4. Estimate the amount of calcium hydroxide currently being stored on-site,the amount produced annually and the total estimate waste material remaining at the site (including all areas where the waste is present). f S. Provide a scope work and timetable to assess the quality of groundwater in the vicinity of the lagoons. 6. Provide a scope of work and timetable for the removal and cleanup of the lagoons Thank you for your attention to this matter.You may want to retain the services of an engineering consulting firm to evaluate wastewater and waste management options for this facility to bring the operation into compliance with applicable regulations.This office requires that the violations,as detailed above,be abated immediately and properly resolved. Thank you for your attention to this matter.This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Resources regarding these issues and any future/continued violations that maybe encountered. Your above-mentioned response to this correspondence will be considered in this process. These violations and any future violations are subject to civil penalty assessments. The violations are subject to civil penalties up to $25,000.00 per day for each violation as per G.S. 143-215.6A(a)(2). Should you have any questions regarding these matters,please contact me at(828) 296-4500. iLandon F&I- . P.G.,Regional Supervisor Water Quality Regional Operations Asheville Regional Office CC: DWR Central Files John Risgard-NC Division of Water Resources Laura Herbert-Division of Energy,Mineral and Land Resources .. ..._...._.. ..._ .. _. r-,. FqCDENR North Carolina Department of Environment and Natural Resources Donald R.van der Vaart Pat McCrory Governor Secretary January 6,2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7014 0510 0000 4466 9953 Richard Canipe Town of Spruce Pine PO Box 189 Spruce Pine,NC 28777 SUBJECT: NOTICE OF VIOLATION NOV-2014-PC-0278 Compliance Sampling Inspection Spruce Pine WWTP Permit No: NCO021423 Mitchell County Dear Mr. Canipe: Enclosed please find a copy of the Inspection Report from the inspection conducted on December 2, 2014. The Compliance Sampling Inspection was conducted by Linda Wiggs of the Asheville Regional Office. Accompanying Ms. Wiggs during the inspection was Mike Bowden with the EPA. The treatment facility was found to be in violation of Permit NCO021423 for the following: Permit Condition Compliance Issue Proper Operation and Maintenance The Bar Screen is inoperable and is a safety issue. Part II, Sec. C#2 Flow Measurements Effluent flows have been inaccurately calculated and reported. Part II, Sec. D #3 Please refer to the enclosed inspection report for additional items that need your attention. Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Internet:http:llportal.nodenr,org/web/wq/ An Equal Opportunity 1 Affirmative Action Employer Spruce Pine WWTP .January 6,2015 Page 2 of 2 To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within fifteen (15) working day of receipt of this letter. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations. If you have any questions, please do not hesitate to contact Linda Wiggs at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enc.Inspection Report cc: Darrell Graham,ORC(e-copy) MSC 1617-Central Files-Basement ARO Files G:\WR\WQ\Mitchell\Wastewater\1\4unicipal\21423 Spruce Pine WWTP\CSI.Dec2014.NOV-2014-PC-0278.doc United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN ' 2 15 1 3 I NC0021423 I11 12 14/12/02 17 18 l C I 19) S ' 20' f 211 1 1 1 1IJ1 1 1 1 1__U I I I I I I I I 1 I I I I I I I I I l I I I [ I I 1 1 1 166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -- -- ---Reserved-------- 67 70.1 I 71 I I 72 L_I , �80 _ 73 LLJ Section B:Facility Data j�LLJ_ 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) 02:OOPM 14/12/02 11/03/01 Spruce Pine WWTP Exit Time/Date permit Expiration Date 909 Creed Pitman Rd 03:30PM 14/12/02 16/02/28, Spruce Pine NC 28777 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Richard Canipe,PO Box 189 Spruce Pine NC 28777//704-765-3000/ _. Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit ■ Flow Measurement Operations&MaintenancE ■ Records/Reports ■ Self-Monitoring Program 0 Sludge Handling Disposal Facility Site Review ■ Effluent/Receiving Waters 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 ARO WQH828-296-4500 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 1 3I NCO021423 I1 12 14/12/02 17 18 'S (Cont.) t- Section D:Summary of Finding/Comments(Attach additional sheetsof narrative and checklists as necessary) Present during this inspection were Darrell Graham (ORC), Russell Lankford, Joe Simmons, and Phillip Burleson with American Water, Mike Bowden, Louis Salguero and Cornell Gayle with the EPA, .Bev Price and Jeff Menzel with DWR. Influent Sampling-The aliquot being collected at the time of the inspection was insufficient. An aliquot needs to be a minimum of 100 ml. The sampler was not pulling enough of an aliquot. The sampler has to pull the water up through the tube a significant distance/height. It also appeared there may be solids getting clogged in the tube: The facility is designed such that side streams come back to the head of the plant within the influent line. In order to sample above the side streams personnel will have to set up the sampler in the next manhole upstream. Decant, sludge press and scum trough are the side streams. The decant water and the sludge press liquids can be manipulated if need be and the scum trough is not a large amount of water. However, with 3/week sampling manipulating these flows could be challenging. One process should not be inhibited by another especially where solids are involved, therefore influent sampling should take place at the manhole. Bar Screen- During the previous inspection (August 2013)the bar screen was not operating at optimum efficiency. During this inspection the bar screen was not operational. To avoid a complete lack of influent debris removal staff have to manually rake the bar screen. Manually raking the bar screen requires staff to enter a confined space with the possibility of deadly gases. This is a safety issue; if entry into this area of the WWTP has to occur it must be done properly. Solids Management—At the previous inspection(August 2013) it was reported that the WWTP was operating with elevated solids due to the bar screen not operating.properly and issues with sludge management.During this inspection the facility remained operating with elevated solids in the clarifier. The sludge blanket in the 15'deep clarifier was at 11'.Only one of three clarifiers was in use at the time of the inspection. Flow Measurements-The effluent flow has been inaccurately calculated and reported.The facility's W flows were calculated based on a 45 degree V notch weir; however the weir installed at the WTP effluent is a 90 degree V notch weir.Actual flows at the facility are considerably higher;flows have been reported as averaging—300,000 gpd,when the flows are actually averaging closer to—600,000 gpd. At this level of flow the facility is to follow A(2) Effluent Limitations and Monitoring Requirements according to the permit.The ORC has been instructed to begin these sampling requirements January 1, 2015. Samples-Several sets of effluent samples were obtained.The EPA set up two samplers; one flow composite and one time composite.The WWTP facility had their sampler set up; DWR split samples with the facility. DWR Sample Results: BOD 4.5 mg/I TSS 7.8 mg/I Fecal Coliform 8/100ml In stream samples, upstream and downstream parameters were obtained, all results were within acceptable ranges. Page# 2 Permit: NC0021423 Owner-Facility: Spruce Pine WWiP Inspection Date: 1 210 2/2 0 1 4 Inspection Type: Compliance Sampling Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable ® ❑ ❑ ❑ Solids, pH, DO,Sludge Judge, and other that are applicable? Comment: Settleable Solids, Sludge Judge Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ ■ ❑ application? Is the facility as described in the permit? ® ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ❑ M ❑ Is access to the plant site restricted to the general public? ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? • ❑ ❑ ❑ Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ® ❑ ❑ ❑ Is all required information readily available,complete and current? ® ❑ ❑ ❑ Are all records maintained for 3 years(lab. reg. required 5 years)? ■ ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? ® ❑ ❑ ❑ Is the chain-of-custody complete? ® ❑ ❑ Dates, times and location of sampling ❑ Name of individual performing the sampling ❑ Results of analysis and calibration ❑ Dates of analysis Name of person performing analyses ❑ Transported COCs ❑ Are DMRS complete:do they include all permit parameters? ® ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ® ❑ ❑ ❑ (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator ❑ ❑ ® ❑ on each shift? Is the ORC visitation log available and current? ® ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ® ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ® ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? ® El ❑ ❑ Page# 3 Permit: NCO021423 Owner-Facility: Spruce Pine WWTP Inspection Date: 12/02/2014 Inspection Type: Compliance Sampling Record Keeping Yes No NA NE Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ❑ Comment: Influent Sampling Yes No NA NE #Is composite sampling flow proportional? ® ❑ ❑ ❑ Is sample collected above side streams? EJ ® ❑ ❑ Is proper volume collected? _ ❑ ® ❑ ❑ Is the tubing clean? ® ❑ El ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees ® ❑ ❑ ❑ Celsius)? Is sampling performed according to the permit? ® ❑ ❑ ❑ Comment: Decant, sludge press and scum trough are the side streams The aliquot being collected at the time of the inspection was insufficient Bar Screens Yes No NA NE Type of bar screen a.Manual ® 1, b.Mechanical Are the bars adequately screening debris? ❑ ® ❑ ❑ Is the screen free of excessive debris? ® ❑ ❑ ❑ Is disposal of screening in compliance? ® ❑ ❑ ❑ Is the unit in good condition? ❑ ® ❑ ❑ Comment: Bar screen needs to be replaced Safety concerns. See summarv. Grit Removal Yes No NA NE Type of grit removal a.Manual ❑ b.Mechanical Is the grit free of excessive organic matter? ■ ❑ ❑ ❑ Is the grit free of excessive odor? ❑ ❑ ❑ #Is disposal of grit in compliance? ® ❑ ❑ ❑ Comment: Page# 4 Permit: NCO021423 Owner-Facility: Spruce Pine WVVTP Inspection Date: 12/02/2014 Inspection Type: Compliance Sampling Oxidation Ditches Yes No NA NE Are the aerators operational? ® ❑ ❑ Are the aerators free of excessive solids build up? • ❑ ❑ ❑ #Is the foam the proper color for the treatment process? ❑ ❑ Does the foam cover less than 25%of the basin's surface? ® ❑ ❑ ❑ Is the DO level acceptable? ❑ ❑ ❑ Are settleometer results acceptable(>30 minutes)? ❑ ❑ ❑ Is the DO level acceptable?(1.0 to 3.0 mg/1) ® ❑ ❑ ❑ Are settelometer results acceptable?(400 to 800 ml/I in 30 minutes) ❑ ® ❑ ❑ Comment: Settleability test at the time of the inspection was 830 ml/i. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? N ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? 0 ❑ ❑ ❑ Are weirs level? 0 ❑ ❑ ❑ Is the site free of weir blockage?' ■ ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ❑ ❑ Is scum removal adequate? El Is the site free of excessive floating sludge? ❑ Is the drive unit operational? ❑ ❑ ❑ Is the return rate acceptable(low turbulence)? • ❑ ❑ 0 Is the overflow clear of excessive solids/pin floc? N ❑ ❑ ❑ Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ❑ ® ❑ ❑ Comment: 10'blanket in 15'clarifier. Disinfection-Gas Yes No NA NE Are cylinders secured adequately? ❑ ❑ Are cylinders protected from direct sunlight? ❑ ❑ ❑ Is there adequate reserve supply of disinfectant? ® ❑ ❑ ❑ Is the level of chlorine residual acceptable? 0 ❑ ❑ ❑ Is the contact chamber free of growth, or sludge buildup? ® ❑ ❑ ❑ Is there chlorine residual prior to de-chlorination? ❑ ❑ ❑ Does the Stationary Source have more than 2500 Ibs of Chlorine(CAS No.7782-50-5)? ❑ ❑ ® ❑ If yes,then is there a Risk Management Plan on site? ❑ ❑ ® ❑ Page# 5 Permit: NCO021423 Owner-Facility: Spruce Pine WwrP Inspection Date: 12/02/2014 Inspection Type: Compliance Sampling Disinfection-Gas Yes No NA NE If yes,then what is the EPA twelve digit ID Number?(1 000- -__ If yes,then when was the RMP last updated? Comment: De-chlorination Yes No NA NE Type of system? Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ ❑ ❑ Is storage appropriate for cylinders? ® ❑ ❑ ❑ #Is de-chlorination substance stored away from chlorine containers? ® ❑ ❑ ❑ Comment: Are the tablets the proper size and type? Are tablet de-chlorinators operational? ❑ ❑ ® ❑ Number of tubes in use? Comment: Flow Measurement-Effluent Yes No NA NE � #Is flow meter used for reporting? ❑ ❑ Is flow meter calibrated annually? ® ❑ El 0 Is the flow meter operational? ® El ❑ ❑ (If units are separated)Does the chart recorder match the flow meter? ❑ ® ❑ ❑ Comment: Effluent Flow measurements have been reported based on a 45 degree V Notch weir, however the facility has a 90 degree V Notch weir. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ® ❑ ❑ ❑ Is sample collected below all treatment units? ® ❑ ❑ ❑ Is proper volume collected? ® El n ❑ Is the tubing clean? ® El ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees ® ❑ ❑ ❑ Celsius)? Is the facility sampling performed as required by the permit(frequency,sampling type ❑ ® ❑ ❑ representative)? Page# 6 Permit: NC0021423 owner-Facility: Spruce Pine WWTP Inspection Date: 12/02/2014 Inspection Type: Compliance Sampling Effluent Sampling Yes No NA NE Comment: Since the facility is actually operating at—600 000 gpd they have to begin sampling according to the second effluent and limitations page A(2) in the permit. This requires them to sample 3/week instead of 1/week They have been told to begin this increased sampling frequency as of January 1,2015, Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ® ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ® ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ® ❑ Comment: Upstream/ Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit(frequency,sampling type, and ® ❑ ❑ ❑ sampling location)? Comment: See summary. Page# 7 AIJA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 6, 2015 CERTIFIED MAIL RETURN RECEIPT REOUESTED 7012 1010 00021967 9026 70121010 0002 1967 9033 Don Barrier Elizabeth and Perry Keister DAFCO, Inc. DAFCO, Inc. 439 Virginia Street, SW 2698 Hickory Blvd. Lenoir,NC 28645 Hudson,NC 28638 7012 1010 00021967 7121 70121010 00021967 7138 Earl Jackson Temple Jr. Tim Moore Tailored Chemical Products, Inc. Earthway Global 700 12t' Street,NW PO Box 849 Hickory,NC 28601 Hickory,NC 28603 70121010 00021967 7145 7014 0510 0000 4466 9960 i Kiser-Sawmills Inc. Resend to: Tim Moore Mark Kiser TAC Recycling PO Box 826 115 Hoyle St. Granite Falls,NC 28638 Morganton,NC 28655 SUBJECT: NOTICE OF VIOLATION AND RECOMMENDATION FOR ENFORCEMENT NOV-2014-DV-0262 Discharge without Valid Permit Water Quality Standard Violation- Removal of Best Usage Caldwell County Dear Messrs. and Ms. Keister: On December 19, 2014, Linda Wiggs from the Asheville Regional Office of the Division of Water Resources (DWR)responded to a report of a discharge of wastewater to surface waters from the facility at 439 Virginia Street in Lenoir,North Carolina. As a result of the site inspection,the following violations were identified: Water Quality Regional Operations—Asheville Regional Office 2090 US Hwy 70,Swannanoa,NC 28778 Phone:828-296-4500\FAX:828-299-7043 Internet:hftp:/Iportal.ncdenr.org/web/wq/ws An Equal Opportunity\Affirmative Action Employer NOV-2014-DV-0262 January 6,2015 Page 2 of 2 VIOLATIONS (1) Illegal discharge (2) Violation of water quality standards Violation I. Discharge Without Valid Permit G.S. 143-215.1 (a) states that no person shall do any of the following things or carry out any of the following activities unless that person has received a permit from the Commission and has complied with all conditions set forth in the permit: G.S. 143-215.1(a)(1) -- Make any outlets into the waters of the State. Violation II.Violation of Water Quality Standards White-colored wastewater and glue solids associated with your company's operations were observed in an unnamed tributary to Lower Creek. The observed liquid and material indicated a violation of water quality standards set forth in 15A NCAC 02B .0211 (3)(f) - Oils; deleterious substances; colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation or to aquatic life and wildlife or adversely affect the palatability of fish, aesthetic quality or impair the waters for any designated uses. Please note a Notice of Violation dated August 21,2014 was sent to Mr. Barrier for an incident on August 5,2014 for the same violations listed above. 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 North Carolina Administrative Code 15A NCAC 02B .0211 (3)(f). Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,00.0.00)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, or discuss overall compliance please respond in writing within ten (10) days after receipt of this Notice. If no response is received in this Office within the 10- day period, a civil penalty assessment may be prepared. Should you have any questions regarding these matters,please contact Linda Wiggs at 828-296- 4500 or linda.wiggs c,ncdenr.gov. Sincerely, G. Landon Davidson,P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Cc:ARO Files PERCS Files City of Lenoir-Radford Thomas(e-copy) City of Lenoir-Jared Wright(e-copy) G:\WR\WQ\7-Emergency Response\DAFCO-Tailored-Earthway\NOV-2014-DV-0262.Resend.docx North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 7,2015 Lee Smith, Utilities Director City of Hendersonville PO Box 1760 Hendersonville NC 28793-1760 SUBJECT: Bioassay Compliance Inspection Hendersonville WWTP Permit No: NCO025534 Henderson County Dear Mr. Smith: Enclosed please find a copy of the Bioassay Compliance Inspection Form from the inspection conducted on 11/18 and l l/20/2014. The facility was found to be in compliance with permit NC0025534. ��Please refer to the enclosed inspection report for additional observations and comments. The assistance of Mr. Scott Chovan and Ms. Denise Kinchin was appreciated during the inspection. If you or your staff have any questions, please call me at (828) 296-4685. Sincerely, Beverly Price Environmental Specialist Enc. cc: Vincent Edwards, ORC MSC 1617-Central Files-Basement WQ Asheville File G:\WR\WQ\Henderson\Wastewater\Municipal\Hendersonville WWTP 25534\CEI 11-20-14 TOX.doc Water Quality Regional Operations-Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Internet:http:llportal.ncdenr.org/web/wq An Equal Opportunity\Affirmative Action Employer United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 �N � 2 15 1 3 I NCO025534 I11 12 14/11/20 17 18 1 R 1 19 G I 20� I 211 1 11 1 1 1 1 1 111 1 1 1 1 1 I I I I I I I I I I I I I I I f6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -----------Reserved---------- 67 70 I I 71 )n J� 72 � 73�74 75 80 I_I Section B:Facility L J y Data 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) 09:OOAM 14/11/20 11/05/01 Hendersonville WWfP Exit Time/Date permit Expiration Date 80 Balfour Rd - 11:15AM 14/11l20 15/12/31 Hendersonville NC 28792 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Scott William Chovan//828-697-3077/ Vincent L Edwards//828-697-3077/ Vincent L Edwards/ORC/828-697-30771 Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Lee Smith,PO Box 1760 Hendersonville NC 287931760//828-697-1707/ Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) ■Other 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 Beverly Price Division of Water Quality//828-296-4500i IY5 Signature anagement Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# NPDES yr/mo/day Inspection Type (Cont.) 3I NCO025534 (� 12 14/11/20 17 18 1 R1 Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) On December 30, 2014 the Division Aquatic Toxicology Branch submitted the results for the City of Hendersonville WWTP whole effluent toxicity test results. Samples were collected on November 17-18 and 19-20, 2014 by Asheville Regional Office staff and City of Hendersonville WWTP staff. Hendersonville WWTP has an effluent discharge of 4.8 MGD entering Mud Creek(7Q10 of 17 CFS). The test concentration was set at 18%. The test type was 3-Brood Ceriodaphnia dubia chronic pass fall. Both the control and test treatment survival rates were 100%. Control mean reproduction was 34.7 neonates and test treatment mean reproduction was 35.3 neonates. The test was recorded as a „Pass' Other water quality parameter results were: first sample, pH =7.09 SU,conductivity=295 micromhos/cm, TRC=<0.1 Omg/I; second sample, pH =6.97, conductivity=294 micromhos/cm, TRC=<0.10 mg/I. These samples were split and sent to PACE Analytical, Inc. The chronic Ceriodaphnia dubia pass/fail toxicity test run by PACE Analytical, Inc. also resulted in a pass. Page# 2 '"i-E' R NAC N North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 8, 2015 Lee Smith,Utilities Director City of Hendersonville PO Box 1760 Hendersonville,NC 28793-1760 SUBJECT: Compliance Sampling Inspection Hendersonville WWTP Permit No:NCO025534 Henderson County Dear Mr. Smith: Enclosed please find a copy of the Compliance Sampling Inspection Form from the inspection conducted on 11/18 and l l/20/2014. The facility was found to be in compliance with permit NC0025534. ,. As a reminder, this permit expires on December 31, 2015. The renewal application is due 180 days prior to expiration. Please refer to the enclosed inspection report for additional observations and comments. The assistance of Vince Edwards, Scott Chovan,Denise Kinchin& Jim Bennett was appreciated during the inspection. If you or your staff have any questions,please call me at(828) 296-4685. Sincerely, 6 Beverly Price Environmental Specialist Enc. cc: Vincent Edwards, ORC MSC 1617-Central Files-Basement WQ Asheville Files G:\WR\WQ\Henderson\Wastewater\Municipal\Hendersonville WWTP 25534\CEI 11-20-14.doc Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Internet:hftp://portal.nGdenr.orgtweb/wq An Equal Opportunity\Affirmative Action Employer United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 J 2 15 1 3 I NC0025534 I11 12 14/11/20 17 18 i 2 i 19 S 201 I 211 1 1 1 1 1 1 1 1 _MIIIIIIIIIIIIlllllllIIIIIIIIIII f6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ------------------Reserved----------- 67 70 I__.l 71 I J I 72 � I 73� � I74 75 80 Section B:Facility Data 1 ' 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) 09:OOAM 14/11/20 11/05/01 Hendersonville WWTP Exit Time/Date Permit Expiration Date 80 Balfour Rd 11:15AM 14/11/20 15/12/31 Hendersonville NC 28792 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Scott William Chovan/// Scott William Chovan/ORC/828-697-3077/ Vincent L Edwards//828-697-3077/ Vincent L Edwards/ORC/828-697-3077/ Name,Address of Responsible Official/Title/Phone and FaxNumber Contacted Lee Smith,PO Box 1760 Hendersonville NC 28793176OH828-697-1707/ Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) ® Permit ® Flow Measurement ■ Operations&Maintenance ■ Records/Reports Facility Site Review Effluent/Receiving Waters 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 Beverly Price Division of Water Quality//828-296-4500i / Agency/Office/Phone and Fax Numbers Date Signature of Management Q A Reviewer EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (Cont.) 3 NCO025534 I1 12 14/11/20 17 18 l C Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The inspection included a tour of the facility and records review; split samples were collected. The facility process controls include: MLSS/MLVSS-daily, settleable solids-daily, DO in the aeration basin at 2 points daily, sludge judge--daily, TSS on both clarifiers-daily, SOUR-twice/week, alkalinity-twice/week, aeration basin temperature-daily. This permit expires 12/31/15. Flow meter(Hydro Ranger ultra-sonic)calibration by Fortech 8/12/14. There was minor pin floc in the clarifiers. Brushes have been installed on the clarifier scum baffle arm which allows automatic cleaning of weirs. The system appears to be working very well. The facility does not have automatic standby power but a generator is in the Capital Improvement Plan. DMR for August'14 was checked for consistency. Sand in the tertiary filter was replaced approximately 2 years ago. The City is looking at possibly switching to a different type of media, possibly cloth. Sample Results: 11/18/14- BOD=2U mg/I,TSS=6.2U mg/l, fecal coliform = 1 CFU/100ml, ammonia nitrogen=0.49 mg/I, pH =6.98, D.O. = 7.5. 11/20/14-Bob=2.5 mg/I, TSS=6.2U mg/I, fecal coliform = 1 B2 CFU/100ml,ammonia nitrogen 0.02U, Total Nickel (Ni) = 7.1 ug/I, pH=6.96, D.O, =7.79. U- Indicates that the analyte was analyzed for but not detected above the reported practical quantitation limit. 132-Counts from all filters were zero. Composite sampler Temperature=.2 degrees C The sample results indicate compliance with permit limits. The facility is well maintained. Page# 2 Permit: NCO025534 Owner-Facility: Hendersonville WWTP Inspection Date: 11/20/2014 Inspection Type: Compliance Sampling Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable ® ❑ ❑ ❑ Solids,pH, DO, Sludge 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? Is the facility as described in the permit? • ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ • ❑ ❑ Is access to the plant site restricted to the general public? ❑ EJ ❑ Is the inspector granted access to all areas for inspection? 0 ❑ ❑ ❑ Comment: Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? ® ❑ ❑ Is flow meter calibrated annually? ■ ❑ ❑ ❑ Is the flow meter operational? ® ❑ ❑ ❑ (If units are separated) Does the chart recorder match the flow meter? ❑ ❑ ■ Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical Are the bars adequately screening debris? ❑ ❑ Is the screen free of excessive debris? ■ Is disposal of screening in compliance? ® ❑ ❑ ❑ Is the unit in good condition? i ❑ ❑ Comment: Grit Removal Yes No NA NE Type of grit removal a.Manual ❑ Page# 3 Permit: NCO025534 Owner-Facility: Hendersonville WWTP Inspection Date: 11/20/2014 Inspection Type: Compliance Sampling Grit Removal Yes No NA NE b.Mechanical Is the grit free of excessive organic matter? ® El ❑ Is the grit free of excessive odor? ® ❑ #Is disposal of grit in compliance? N El El 0 Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? El Are surface aerators and mixers operational? El ® ❑ Are the diffusers operational? ® 0 Is the foam the proper color for the treatment process? ® El 0 11 Does the foam cover less than 25%of the basin's surface? Is the DO level acceptable? ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? Is the site free of excessive buildup of solids in center well of circular clarifier? ® ❑ [) Are weirs level? Is the site free of weir blockage? Is the site free of evidence of short-circuiting? Is scum removal adequate? El ❑ Is the site free of excessive floating sludge? Is the drive unit operational? Is the return rate acceptable(low turbulence)? El El D Is the overflow clear of excessive solids/pin floc? Is the sludge blanket level acceptable?(Approximately%4 of the sidewall depth) ® ❑ Comment: Disinfection -UV Yes No NA NE Page# 4 Permit: NCO025534 Owner-Facility: Hendersonville WWTP Inspection Date: 11/20/2014 Inspection Type: Compliance Sampling Disinfection UV Yes No NA NE Are extra UV bulbs available on site? ® ❑ ❑ El El Are UV bulbs clean? ® ❑ ❑ Is UV intensity adequate? ❑ ❑ ❑ Is transmittance at or above designed level? 0 ❑ ❑ ❑ Is there a backup system onsite? ❑ ❑ ❑ Is effluent clear and free of solids? . ❑ ❑ ❑ Comment: There is no backup disinfection system. Standby Power Yes No NA NE Is automatically activated standby power available? ❑ • ❑ Is the generator tested by interrupting primary power source? ❑ ❑ ❑ • Is the generator tested under load? ❑ ❑ ❑ • Was generator tested&operational during the inspection? ❑ ❑ ❑ Do the generator(s)have adequate capacity to operate the entire wastewater site? ❑ ❑ ❑ 0 Is there an emergency agreement with a fuel vendor for extended run on back-up power? ❑ ❑ ❑ i Is the generator fuel level monitored? ❑ ❑ ❑ Comment: Automatically activated standby power is not available. Pumps-RAS-WAS Yes No NA NE Are pumps in place? ® ❑ ❑ ❑ Are pumps operational? ■ ❑ ❑ ❑ Are there adequate spare parts and supplies on site? ® ❑ ❑ ❑ Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ® ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ 0 ❑ Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ® ❑ ❑ ❑ Is all required information readily available, complete and current? ® ❑ ❑ ❑ Page# 5 Permit: NCO025534 Owner-Facility: Hendersonville VWVTP Inspection Date: 11/20/2014 Inspection Type: Compliance Sampling Record Keeping ices No NA NE Are all records maintained for,3 years(lab. reg. required 5 years)? ■ ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? ® ❑ ❑ ❑ Is the chain-of-custody complete? ® ❑ ❑ ❑ Dates,times and location of sampling Name of individual performing the sampling Results of analysis and calibration Dates of analysis Name of person performing analyses Transported'COCs Are DMRS complete:do they include all permit parameters? ® ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ® ❑ ❑ ❑ (If the facility is=or>5 MGD permitted flow) Do they operate 24/7 with a certified operator ❑ ❑ on each shift? Is the ORC visitation log available and current? ® ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ® ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ® ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? ® ❑ ❑ ❑ - Facility has copy of previous year's Annual Report on file for review? - ® ❑ ❑ ❑ Comment: Filtration (High Rate Tertiary) Yes No NA NE Type of operation: Is the filter media present? ® ❑ ❑ ❑ Is the filter surface free of clogging? ® ❑ ❑ ❑ Is the filter free of growth? ® ❑ ❑ ❑ Is the air scour operational? ® ❑ ❑ ❑ Is the scouring acceptable? ® ❑ ❑ ❑ Is the clear well free of excessive solids and filter media? ® ❑ ❑ ❑ Comment: Page# 6 o• NC ENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 8, 2015 Thomas E. Hartye P.E.,General Manager Metropolitan Sewerage District of Buncombe County North Carolina 2028 Riverside Drive Asheville,NC 28804 SUBJECT: Compliance Evaluation Inspection MSD Buncombe County Nutri-Lime Processing Facility and Distribution Program Permit No: WQ0007174 Buncombe County Dear Mr.Hartye: Enclosed please find a copy of the Compliance Evaluation Inspection Form from the inspection conducted on 12/8/2014. The facility was found to be in compliance with permit WQ0007174. `. ,;'Please refer to the enclosed inspection report for additional observations and comments. The assistance of Mr. Roger Edwards was appreciated during the inspection. If you or your staff have any questions,please call me at (828) 296-4685. Sincerely, 31vv4 10t� . Beverly Price Environmental Specialist Enc. cc: Roger Edwards, ORC WQ Asheville Files u:\WR\WQ\Buncombe\Wastewater\Non-discharge\MSD\WQ0007174CEI I4.doc Water Quality Regional Operations-Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Internet:http://portal.ncdenr.org/web/wq An Equal Opportunity\Affirmative Action Employer Compliance Inspection Report Permit: WQ0007174 Effective: 01/30/08 Expiration: 12/31/16 Owner: Metropolitan Sewerage District of Buncombe County North Carolina SOC: Effective: Expiration: Facility: MSD Buncombe County Nutri-Lime Processing Facil 2225 Riverside Dr County: Buncombe Region: Asheville Asheville NC 28814 Contact Person: Roger Edwards Title: Superintendent Water Reclamation Phone: 828-225-8226 Directions to Facility: Take the Elk Mtn.Rd.Exit off 1-26 W(Hwy.23/70 N).Turn left and continue to intersection with Riverside Dr.Turn right,the facility is located approximately 100 yds.on the right. System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): 24 hour contact name Roger Edwards On-site representative Roger Edwards Related Permits: Inspection Date: 12/08/2014 Entry Time: 03:OOPM Exit Time: 03:45PM Primary Inspector: Beverly Price Phone: 828-296-4500 - Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Distribution of Residual Solids(503) Facility Status: ® Compliant Fj Not Compliant Question Areas: ® Miscellaneous Questions (See attachment summary) Page: 1 Permit: WQ0007174 Owner-Facility:Metropolitan Sewerage District of Buncombe County North Carolina Inspection Date: 12/08/2014 Inspection Type:Compliance Evaluation Reason for Visit: Routine Inspection Summary: The residuals facility was not utilized in 2014. The District intends to keep the permit as a backup to incineration. All residuals were either incinerated or sent to the Buncombe County Landfill in 2014. This permit expires on December 31,2016. A renewal application is required 180 days prior to expiration. Page: 2 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 9, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 00021967 9026 70121010 0002 1967 9033 Don Barrier Elizabeth and Perry Keister DAFCO, Inc. DAFCO, Inc. 439 Virginia Street, SW 2698 Hickory Blvd. Lenoir,NC 28645 Hudson,NC 28638 7012 1010 00021967 7121 70121010 0002 1967 7138 Earl Jackson Temple Jr. Tim Moore Tailored Chemical Products, Inc. Earthway Global 700 12th Street,NW PO Box 849 Hickory,NC 28601 Hickory,NC 28603 7012 1010 00021967 7145 7014 0510 0000 4466 9984 Kiser-Sawmills Inca Elizabeth Keister Mark Kiser DAFCO, Inc. PO Box 826 PO Box 2338 Granite Falls,NC 28638 Lenoir,NC 28645 SUBJECT: NOTICE OF VIOLATION AND RECOMMENDATION FOR ENFORCEMENT NOV-2014-DV-0262 Discharge without Valid Permit Water Quality Standard Violation-Removal of Best Usage Caldwell County Dear Ms. Keister: On December 19, 2014, Linda Wiggs from the Asheville Regional Office of the Division of Water Resources (DWR)responded to a report of a discharge of wastewater to surface waters from the facility at 439 Virginia Street in Lenoir,North Carolina. As a result of the site inspection,the following violations were identified: Water Quality Regional Operations—Asheville Regional Office 2090 US Hwy 70,Swannanoa,NC 28778 Phone:828-296-4500\FAX:828-299-7043 Internet:http://pogal.nrdenr.org/web/wq/ws An Equal Opportunity\Affirmative Action Employer NOV-2014-DV-0262 January 9,2015 Page 2 of 2 VIOLATIONS (1) Illegal discharge (2) Violation of water quality standards Violation I. Discharge Without Valid Permit G.S. 143-215.1 (a) states that no person shall do any of the following things or carry out any of the following activities unless that person has received a permit from the Commission and has complied with all conditions set forth in the permit: G.S. 143-215.l(a)(1) -- Make any outlets into the waters of the State. Violation II.Violation of Water Quality Standards White-colored wastewater and glue solids associated with your company's operations were observed in an unnamed tributary to Lower Creek. The observed liquid and material indicated a violation of water quality standards set forth in 15A NCAC 02B .0211 (3)(f) - Oils; deleterious substances; colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation or to aquatic life and wildlife or adversely affect the palatability of fish, aesthetic quality or impair the waters for any designated uses. Please note a Notice of Violation dated August 21, 2014 was sent to Mr. Barrier for an incident on August 5, 2014 for the same violations listed above. 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 North Carolina - Administrative Code 15A NCAC 02B .0211 (3)(f). 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, or discuss overall compliance please respond in writing within ten (10) days after receipt of this Notice. If no response is received in this Office within the 10- day period, a civil penalty assessment may be prepared. Should you have any questions regarding these matters,please contact Linda Wiggs at 828-296- 4500 or linda.wiggs,a ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Cc:ARO Files PERCS Files City of Lenoir-Radford Thomas(e-copy) City of Lenoir-Jared Wright(e-copy) G:\WR\WQ\7-Emergency Response\DAFCO-Tailored-Earthway\NOV-2014-DV-0262.Additional send.docx w.t �a MDEN North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary January 12, 2015 Mrs. Helyn H. Moore Riding High Ranch,LLC 50 Riding High Road Waynesville,NC 28785 SUBJECT: Notice of Violation Response and Sediment Removal Plan Approval Riding High Ranch, LLC NOV-2014-PC-0261 Haywood County Interim Report Due Date: March 30,2015 Dear Mrs. Moore: The Division of Water Resources (DWR)has received correspondence from Mr. John Garner dated December 29, 2014, and additional correspondence received via email on January 9, 2015, in response to the NOV noted above. The proposal includes the removal of approximately 400 linear feet of sediment from an unnamed tributary of Dawn Branch. Sediment will be removed from the unnamed tributary using small tracked equipment and buckets and shovels.Sediment will be transported to an area on-site and will be stabilized by seeding, strawing, and/or hydroseeding. In addition to the proposed activities, all exposed streambanks shall be re-vegetated in all areas of disturbance. See attached Riparian Area Seeding guidance document. The sediment removal work is scheduled to be completed by February 28, 2015. The proposal also includes the relocation of the existing failed spillway, which is the apparent source of sediment to the creek,to an area north of the barn.This work is anticipated to be completed by May 15, 2015. The remedial actions presented in the response have been found satisfactory and are approved. If you change the proposed Sediment Removal Plan,you must notify DWR for approval. An Interim Sediment Removal Report documenting the sediment removal activities is due to this office by March 30,2015. A Final Sediment Removal Report documenting the spillway replacement work is due to this office by June 15,2015. 2090 U.S.Hwy.70,North Carolina 28778 Phone:828-296-4500 t Internet:www.ncdenr.gov An Equal Opportunity V Affirmative Action Employer—Made in part by recycled paper Ms.Helyn H.Moore January 12,2015 Page 2 of 2 Please contact me at(828) 296-4684 or Andrew.W.Moorega nedenr.gov should you have any further questions. Sincerely, Andrew Moore Water Quality Regional Operations Asheville Regional Office Enclosure: Riparian Area Seeding Guidance cc: ARO File Copy ec: John Garner Laura Herbert-Division of Energy, Mineral, and Land Resources David Brown-Army Corps of Engineers G:\WR\WQ\Haywood\Complaints\Riding High Ranch\APRVL.RidingHighRanch.l-12-15.doc IL NAM m1CDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 12, 2014 Steve Styles 1881 Highway 197 South Burnsville, NC 28714 Dear Mr.Styles, The North Carolina Division of Water Resource's Asheville Regional Office was recently contacted by John Brooks with the North Carolina Department of Health and Human Services concerning a recent water sample collected from your water supply well located at the address given above.The analytical results indicate the presence of the organic compound chloromethane at a concentration that is below the state's groundwater standard(15A NCAC 02L.0202). I would like to schedule another site visit to collect an additional water sample.The purpose is to determine if the chloromethane concentration is increasing or decreasing with time.There is no cost associated with the water sample analyses.The water sample will be analyzed by the Division's laboratory and a copy of the analytical results will be provided to you. Please contact me at(828) 296- 4681 or brett.laverty@ncdenr.gov to schedule an appointment. Sincerely, c�/ Brett Laverty Water Quality Regional Operations Asheville Regional Office Attachment: NC State Laboratory of Public Health analytical results cc: file Yancey County Health Department 2090 U.S.Hwy.70,North Carolina 28778 Phone:828-296-4500\Internet:www.ncdenr.gov An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper f—, �� 's P.O.Box 28047 North Carolina State Laboratory of Public Health 4312 District Drive ° Raleigh,NC 27611-8047 Environmental Sciences htt�://siph.ncpublichealth.com Phone: 919-733-7308 Organic Chemistry Fax: 919-715-8611 Certificate of Analysis Sample Group: ES080614-0087 Report To: Name of System: YANCEY CO ENVIRONMENTAL HEALTH STYLES,STEVE 202 MEDICAL CAMPUS DR 1881 HWY 197 S BURNSVILLE,NC 28714 BURNSVILLE,NC 28714 Attn: County: YANCEY Well Permit* Sample#: ES080614-0087001 Collected: 08/05/2014 C MORRIS Received: 08/06/2014 09:38 CDHOLMES Sample Type: Water Sampling Point: Client Sample#: 140980 Sample Source: Temp.at Receipt: 6.0 DEG C GPS#: Sample Description: Comment: ` Organic Chem-VOCs Method: EPA 524.2 VOA 624.2(47) Analyte Result RL Units Qualifier(s) Chloromethane 0.77 0.5 ug/L J Vinyl chloride Not Detected 0.5 ug/L Bromomethane Not Detected 0.5 ug/L Chloroethane Not Detected 0.5 ug/L Trichlorofluoromethane Not Detected 0.5 ug/L Acetone Not Detected 2.0 ug/L 1,1-Dichloroethene Not Detected 0.5 ug/L lodomethane Not Detected 0.5 ug/L Methylene chloride Not Detected 0.5 ug/L Acrylonitrile Not Detected 0.5 ug/L Carbon Disulfide Not Detected 0.5 ug/L trans-1,2-Dichloroethene Not Detected 0.5 ug/L MTBE Not Detected 0.8 ug/L 1,1-Dichloroethane Not Detected 0.5 ug/L cis-1.2-Dichloroethene Not Detected 0.5 ug/L Isopropyl Ether Not Detected 0.5 ug/L 2-Butanone(MEK) Not Detected 2.0 ug/L Chloroform (T) Not Detected 0.5 ug/L Tetrahydrofuran Not Detected 2.0 ug/L 1,1,1-Trichloroethane Not Detected 0.5 ug/L Carbon Tetrachloride Not Detected 0.5 ug/L Page 1 of 5 Box North Carolina State Laboratory/of Public Health P.O.31District 26047 Laboratory 4312 District Drive Raleigh,NC 27611-8047 Environmental Sciences http://siph.ncpublichealth.com Phone: 919-733-7308 � * anic Chemistry Fax: 919-715-8611 Certificate of Analysis Sample Group: ES080614-0087 Benzene Not Detected 0.5 ug/L 1,2-Dichloroethane Not Detected 0.5 ug/L Trichloroethene Not Detected 0.5 ug/L 1,2-Dichloropropane Not Detected 0.5 ug/L Dibromomethane Not Detected 0.5 ug/L 4-Methyl-2-pentanone Not Detected 0.5 ug/L Bromodichloromethane (T) Not Detected 0.5 ug/L cis-1,3-Dichloropropene Not Detected 0.5 ug/L Toluene Not Detected 0.5 ug/L trans-1,3-Dichloropropene Not Detected 0.5 ug/L 1,1,2-Trichloroethane Not Detected 0.5 ug/L Tetrachloroethene Not Detected 0.5 ug/L Dibromochloromethane (T) Not Detected 0.5 ug/L Total Xylenes Not Detected 0.5 ug/L 2-Hexanone Not Detected 0.5 ug/L 1,2-Dibromoethane(EDB) Not Detected 0.5 ug/L Chlorobenzene Not Detected 0.5 ug/L 1,1,1,2-Tetrachloroethane Not Detected 0.5 ug/L Ethylbenzene Not Detected 0.5 ug/L Styrene Not Detected 0.5 ug/L Bromoform (T) Not Detected 0.5 ug/L 1,1,2,2-Tetrachloroethane Not Detected 0.5 ug/L 1,2,3-Trichloropropane Not Detected 0.5 ug/L 1,4-Dichlorobenzene Not Detected 0.5 ug/L 1,2-Dichlorobenzene Not Detected 0.5 ug/L 1,2-Dibromo-3-chloropropane(DBCP) Not Detected 2.0 ug/L. Report Date: 8/19/2014 Reported By: 'ham Page 2 of 5 r aw.r A. NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald van der Vaart Governor Secretary January 12, 2015 Paul C.Vest YMCA of Western North Carolina, Inc. 53 Asheland Avenue,Suite 105 Asheville, NC 28801 Subject: Permit No. WQ0037533 YMCA of Western North Carolina, Inc. Camp Watia Phase 1 Water and Sewer Improvements Wastewater Collection System Extension Permit Swain County Dear Mr.Vest: In accordance with your application received December 19, 2014,we are forwarding herewith Permit No. WQ0037533 dated Issued January 13, 2015,to the YMCA of Western North Carolina, Inc. (Permittee)for the construction and operation upon certification 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 shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition IIA: This permit shall not be automatically transferable; a request must be made and approved. 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 Permittee 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. 2090 U.S.70 Highway,Swannanoa,NC 28778 Phone:828-296-4500\Internet:www.ncwatercivality..org An Equal Opportunity\Affirmative Action Employer-Made in part by recycled paper ,iCA of Western North Carolina,Inc. Permit No.WQ0037533 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, for Thomas A. Reeder, Director Division of Water Resources, NCDENR - by G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDENR cc: William G. Lapsley, PE Regional Office Files Water Resources Central Files PERCS(electronic copy) Page 2 of 8 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 YMCA of Western NC Swain County for the construction and operation of approximately 2,600 linear feet of 8-inch gravity sewer; a 25— gallon per minute pump station with duplex pumps, on-site audible and visual high water alarms, telemetry, and a permanent generator with automatic transfer switch; as well as approximately 2,400 linear feet of 2-inch force main to serve as part of the Camp Watia Phase 1 Water and Sewer Improvements project, and the discharge of 6000 gallons per day of collected domestic wastewater into the Camp Watia's existing sewerage system, pursuant to the application received December 19, 2014, 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. for Thomas A. Reeder, Director Division of Water Resources, NCDENR By Authority of The Environmental Management Commission Permit Number: WQ0037533 Permit Issued: January 12,2015 Page 3 of 8 SUPPLEMENT TO PERMIT COVER SHEET YMCA of Western NC 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 Camp Watia's Wastewater Treatment Facility in accordance with Permit Number NC0089478. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division's 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 identified below. I. 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. [15A NCAC 02T.0104; G.S 143-215.1(d3)] 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'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 materials unless specifically mentioned herein. [15A NCAC 02T.0110] 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. [15A NCAC 02T.0110] 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:[15A NCAC 02T.0108(b)]: Page 4 of 8 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 ent4lre 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. S. The Permittee shall report by telephone to a water resources staff member at the Asheville Regional Office, telephone number (XXX) XXX-XXXX, as soon as possible, but in no case more than 24, following the occurrence or first knowledge of the occurrence of either of the following: Page 5 of 8 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 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. [G.S. 143- 215AC(a1)] 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. [15A NCAC 02T.0108(b)] 7. 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 applicable design calculations including pipe and pump sizing, velocity, pump cycle times, and level control settings, pump station buoyancy,wet well storage, surge protection, detention time in the wet well, and force main, ability to flush low points in force mains with a pump cycle, and downstream sewer capacity analysis. If a portable power source or pump is dedicated to multiple stations, an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable power source or pump, include travel timeframes,shall be provided. Page 6 of 8 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. [15A NCAC 02T.0116] 8. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined, a slope variance can be requested from the Division with firm supporting documentation. This shall be done through a permit modification with fee. Such variance requests will be evaluated on a case-by-case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification. [ 15A NCAC 02T.0105(n)] 9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. [15A NCAC 02T.0116] 10. 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. [15A NCAC 02T.0104; 15A NCAC 02T.0108(b-c)] 11. 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. [15A NCAC 02T.0110; 15A NCAC 02T.0108(b)] 12. 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 the Division any other Federal, State, or Local government agencies which have jurisdiction or obtaining other permits which maybe required by the Division or any other Federal, State, of Local government agencies. [G.S. 143-215.1(b)] Page 7 of 8 j_... �� �.� FAST TRACK SEWER ENGINEERING CERTIFICATION PERMITTEE: YMCA of Western North Carolina PERMIT#: WQ0037533 PROJECT: Camp Watia Phase 1 Water and Sewer Improvements ISSUE DATE: January 12, 2015 This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the Division has received this Certification and all required supporting documentation. It should be submitted in a manner that documents the Division's receipt. Send the required documentation the Regional Supervisor,Water Quality Section at the address at the bottom. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up until a final certification is received. A Final Certification shall be a complete set of record drawings and design calculations regardless of whether partials have been submitted. 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 as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, El full time) the construction of the project name and location as referenced above for the above 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 Resources' (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 w/signature &date: ❑ Final ❑ Partial (include description) ....................................................... Certification Comments/Qualifiers (attach if necessary): NC DWR—Water Quality Section 2090 U.S.70 Highway,Swannanoa, NC 28778 Asheville Regional Office Phone: (828)-296-4500 FAX: (828)-299-7043 -_ r_...,, OEM North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary Certified Mail#70121010 00021965 7963 Return Receipt Requested January 13,2015 James J Schenker,Associate Environmental T A Operating LLC 24601 Center Rdg Rd Westlake,OH 44145-5634 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 No.NCO085952 T A Operating LLC Candler Travel Center Case No.LV-2015-0002 Buncombe County ,Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$409.26($250.00 civil penalty +$159.26 enforcement costs)against T A Operating LLC. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by T A Operating LLC for the month of June 2014. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0085952. The violations,which occurred in June 2014,are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that T A Operating LLC violated the terms, conditions or requirements of NPDES Permit No. NC0085952 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 Resources, I, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against T A Operating LLC: 2090 U.S.70I-lighway,Swannanoa,NC 28778 Phone:828-296-4500 \Internet:www.nedenr.gov<httpJiNvww,nedenr.gov> An Equal opportunity\Affirmative:fiction Employer-Made in part by recycled paper $0.00 0 of the 1 violations of 143-215.1(a)(6) and NPDES Permit NO.NC0085952, by dischargii., waste water into the waters of the State in violation of the Permit Monthly Average for BOD - Cone. 250.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit NO.NC0085952, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for NH3-N - Conc. $250.00 TOTAL CIVIL PENALTY $159.26 Enforcement Costs $409.26 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-282.I(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 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(30)days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit written request for remission, OR (3) Submit a written request for an administrative hearing Option 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: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 2 dtion 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 mot 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 Resources 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 Resources 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 I ayment, 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 Resources also requests that you complete and submit the enclosed_ "Justification for Remission Request." Both forms should be submitted to the following address: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 3 Option 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 petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is 'required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filingprocess. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)733-2698 Fax: (919)733-3478 One(1)copy of the petition must also be served on DENR as follows: Mr.John Evans,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. r. 4 Leave any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville .onal Office at(828)296-4667 or via email at janet.cantwell@ncdenr.gov. Sincerely, for Thomas A.Reeder,Director Division of Water Resources,NCDENR By G.Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDENR ATTACHMENTS Cc: WQS Asheville Regional Office Enforcement File (w/attachments) NPDES Compliance/Enforcement Unit-Enforcement File (w/attachments) Central Files,Water Quality Section (w/attachments) 5 JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2015-0002 County: Buncombe Assessed Party: T A Operating LLC Permit No.: NCO085952 Amount Assessed: $409.26 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 remissionis 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 apply. 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. 143B-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 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: i - f ATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF BUNCOMBE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS T A Operating LLC ) Candler Travel Center ) PERMIT NO.NCO085952 ) CASE NO. LV-2015-0002 Having been assessed civil penalties totaling $409.26 for violation(s) as set forth in the assessment document of the Division of Water Resources dated January 13, 2015, 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 Resources 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. This the day of ,20 SIGNATURE ADDRESS TELEPHONE F��� �_. w U U a w w F Z rn 0) y O g ¢ Q s o Q > o 0 a Z O w U U� w> r- N O \ J a 0 w D V p N B t 0 J y � Q m V F- t[) N D LL O O V 2 W E - N O O O Q J O p Z Z C 0Cf> > > W J w aa)) m w a:LL 0) F- O Q W O LU O_ M_ M ui > O O Q U L d C d p V W U O a) F o U > w U 'i z L d IL m z ca U ZO H J 0 W W U _ J _ LL d LL a D O o 0 O Z F 10 w � a 'n 2 O N O O O O C o (6 U O o 0 C; C5 N E a ea W J IL �l\ �� \, _ ��..:,- SHR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary Certified Mail#70121010 00021965 7970 Return Receipt Requested January 13,2015 Dennis J Whitson,Owner Dennis J Whitson 3800 Sugarhill Rd Marion,NC 28752 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 No.NCO079481 Dennis J Whitson Harmony Estates WWTP Case No.LV-2015-0003 McDowell County ,,Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$409.26($250.00 civil penalty +$159.26 enforcement costs)against Dennis J Whitson. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Dennis J Whitson for the month of May 2014. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0079481. The violations,which occurred in May 2014,are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Dennis J Whitson violated the terms, conditions or requirements of NPDES Permit No. NCO079481 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 Resources, I, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Dennis J Whitson: logo U.S.70I-llghway,Swwnanoa,NC 28778 Phone:.828-296-4500 \Internet:www.ncdenr.gov<http:/lwlvw.ncdenr.gov> An E...gnal Opportunity\Affinnadve Action Employer-Made in port by recycled paper $250.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit NO.NC0079481, by dischargh., waste water into the waters of the State in,violation of the Permit Monthly Average for NH3-N - Cone. 250.00 TOTAL CIVIL PENALTY 159.26 Enforcement Costs $409.26 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. 14313-282.1(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(30)days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 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: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 2 Aion 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 Resources 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 Resources 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 Riaht to an Administrative Hearing and Stipulation of Facts form within thirty(30) days of receipt of this notice The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: ' NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 3 Option 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 petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)733-2698 Fax: (919)733-3478 One(1)copy of the petition must also be served on DENR as follows: Mr. John Evans,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. 4 .rave any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville ,)nal Office at(828)296-4667 or via email atianet.cantwell@n,cdenr.gov. Sincerely, for Thomas A.Reeder,Director Division of Water Resources,NCDENR By G.Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDENR ATTACHMENTS Cc: WQS Asheville Regional Office Enforcement File: (w/attachments) NPDES'Compliance/Enforcement Unit'-Enforcement File (w/attachments) Central Files,Water Quality Section (w/attachments) 5 JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2015-0003 County: McDowell Assessed Party: Dennis J Whitson Permit No.: NCO079481 Amount Assessed: $409.26 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 apply. 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. 143B-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 violation (i.e., explain the i 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: .'ATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF MCDOWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Dennis J Whitson ) Harmony Estates WWTP ) PERMIT NO.NCO079481 ) CASE NO. LV-2015-0003 Having been assessed civil penalties totaling $409.26 for violation(s) as set forth in the assessment document of the Division of Water Resources dated Janua� 13, 2015, 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 Resources 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. This the day of ,20 SIGNATURE ADDRESS TELEPHONE a a m W U m x �r w z rn d g g t O 2� 2 Z O LU CD f' M O J 0 0 W F- W O Q N t► V I-- N 1- J N n LL O 0 — z O O O F- l N W Z Y r,W J W N a Q m O W v ga z O M w > U CL d o H W. U w z c � _ E a Z Of ,Z S O � o � J J W LQI. J J Q a a a I a O o O z E O a' 0_ 00. v z 0: o U O _O O ++ Z N E nW w '' A4Jf North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 13, 2015 Mr. John Vanderschaaf Waterford Place Property Owners Association 10 Lakeview Court Brevard, North Carolina 28712 Subject: Notice of Deficiency NOD-2015-MV-0001 Permit No. NCO055905 Waterford Place WWTP Transylvania County Dear Mr. Vanderschaaf: A review of Waterford Place WWTP's monitoring report for June 2014 showed the following violation: Parameter Date Measuring Frequency Violation Temperature, Water Deg. Week ending Weekly Failure to Monitor Centigrade 06/14/2014 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 parameter was 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 Resources 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, G. Landon Davidson., P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement James & James Environmental/ORC G:VvVRNVVQ%TransylvaniatWastewaterttvlinorst'vVaterford Place 559051NQ0-2015-MV-0001,d0c Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)296-4500 Fax: (828)299-7043 Internet: http://portal.nodenr.org/web/wq An Equal Opportunity/Affirrnative Action Employer /--.. �,_.__�, i NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary January 13, 2015 DWR# 14-1122 Cherokee County Murphy Congregation of Jehovah Witnesses Attn: Matt Kruse 195 Hwy 64 E Brasstown,NC 28902 Hiwassee River Watershed Coalition, Inc. Attn: Callie Moore 90 Tennessee Street, Ste.. D Murphy,NC 28906 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Morgan Creek.Stream Restoration.Project near Mr. Kruse&Ms. Moore: In accordance with your application dated October 10, 2014 and additional information received on December 23, 2014, approval has been granted for the impacts listed in the table below. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and any additional-conditions listed below. Project impacts are covered by the attached Water Quality General Certification Number 3885 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 27 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with your project, including those required by (but not limited to)Erosion and Sediment.Control, Water Supply Watershed and Trout Buffer regulations. IMPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. Water Quality Regional Operations-Asheville Regional Office 2090 US Hwy 70,Swannanoa,NC 28778 Phone:828-296-45001 FAX:828-299-7043 Internet:http://portal.nrdenr.org/weblwgAvs An Equal Opportunity\Affirmative Action Employer Murphy Congregation of Jehovah Witnesses/Hiwassee River Watershed Coalition,Inc. DWR#14-1122 Page 2 of 3 Type of Impact Amount Approved Amount Approved Permanent Temporary Stream 1,277 (linear feet) (linear feet) Wetlands 0.02 (acres) 0.05 (acres) ADDITIONAL CONDITIONS 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notifythe Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. 2. The designer or his designee shall supervise the installation of in-stream structures. 3. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small animals. 4. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly after storm events) and vegetation is successful. Any failures of structures, stream banks, or vegetation may require future repairs or replacement, which requires coordination with the Asheville Regional! Office to ensure the stability and water quality of the stream and downstream waters. - This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within ,sixty (60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.coin/or by calling the OAR Clerk's Office at(919) 431-3 000 for information. A petition is considered filed when the original and one (1)copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919) 431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five(5)business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx; etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road `--' Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 ,[ion of Jehovah Witnesses/Hiwassee River Watershed Coalition,Inc. L )ne (1) copy of the petition must also be served to DENR: John Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC .0500. Please contact Tim Fox at 828-296-4664 or tim.foxCancdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson,P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3885 Certificate of Completion cc: DWR ARO 401 files ec: Ian Eckhart-Wildlands Engineering, Inc. David Brown—USACE Asheville Regulatory Field Office Andrea Leslie -NCWRC DoG:\WR\WQ\Cherokee\401s\Non-DOT\Morgan Creek\APRVL.40lMorganCreek.01-12-2015.doccument1 LFFWA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 13, 2015 Mayor Lawrence Ponder Town of Marshall P.O. Box 548 Marshall, North Carolina 28753 Subject: NOTICE OF VIOLATION NOV-2015-MV-0001 Permit No. NCO021733 Marshall WWTP Madison County Dear Mayor Ponder: A review of Marshall WWTP's monitoring report for June 2014 showed the following violations: Parameter Date Measuring Frequency Violation pH 06/28/2014 Weekly Failure to Monitor Chlorine, Total Residual 06/28/2014 Weekly Failure to Monitor Temperature - 06/28/2014 Weekly 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 parameters were 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 betaken to correct this problem. The Division of Water Resources 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, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement Byers Environmental/ORC G.`VVMVVQV0ad'scr':vveste=.eater\Wunicipa[\Ma,s^all VVIVY";P 21733tNOV-2Ci'5-N1V-0OGi.doc Water Quality Regional Operations-Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 2877$ Prone: (828)2964500 Fax: (828)299-7043 Internet: http://portal.ncdenr.orglweblwq An Equal Opportunity/Affirmative Action Employer North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary Certified Mail#70121010 0002 1965 8014 Return Receipt Requested January 13,2015 William N Hughes Town of Murphy PO Box 130 Murphy,NC 28906-0130 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 No.NCO020940 Town of Murphy Murphy WWTP Case No.LM-2015-0001 Cherokee County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,159.26($1,000.00 civil penalty+$159.26 enforcement costs)against Town of Murphy. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted.by Town of Murphy for the month of May,2014. This review has shown the subject facility to be in violation of the discharge limitations. and/or monitoring requirements found in NPDES Permit No. NC0020940. The violations,which occurred in May 2014,are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Town of Murphy violated the terms, conditions or requirements of NPDES Permit No. NCO020940 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 Resources, 1, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Town of Murphy: 2090 U.S.70 highway.Swannanoa,NC 28778 Phone:828-296-4500 \Internet:www.ncdenr.gov<http:/hvww.ncdeni-.Rov-> An Equal t:)pprntunity`Affirmative Action Employer-Made in part by recycled paper $1000.00 1 of the 2 violations of 143-215.1(a)(6) and NPDES Permit No.NCQ020940, by discharginb waste water into the waters of the State in violation of the Permit Weekly Average for TSS - Conc. 0.00 for 0 of the 3 failures to properly monitor TEMP-C in violation of NPDES Permit No. NC0020940. $1,000.00 TOTAL CIVIL PENALTY 159.26 Enforcement Costs 1 159.26 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. 14313-282.1(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(30)days of receipt of this notice,you must do one of the following. (1) Submit payment of the penalty, OR (2) Submit a written request for remission,OR (3) Submit a written request for an administrative hearing Option 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- NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 2 option 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 Resources 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 Resources 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 Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 3 Option 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 petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)733-2698 Fax: (919)733-3478 One(1)copy of the petition must also be served on DENR as follows: Mr.John Evans,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. 4 nave any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville ,tonal Office at(828)296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, for Thomas A.Reeder,Director Division of Water Resources,NCDENR By G.Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDENR ATTACHMENTS Cc: WQS Asheville Regional Office-Enforcement File (w/attachments) NPDES Compliance/Enforcement Unit-Enforcement File (w/attachments) Central Files,Water Quality Section (w/attachments) , 5 JUSTIFICATION FOR REMISSION REQUEST Case Number: LM-2015-0001 County: Cherokee Assessed Party: Town of Murphy Permit No.: NCO020940 Amount Assessed: $1,159.26 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 apply. 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. 143B-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 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 (Le., explain why the violation was unavoidable or something you could notprevent 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: FATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CHEROKEE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Town of Murphy ) Murphy WWTP ) PERMIT NO.NCO020940 ) CASE NO. LM-2015-0001 Having been assessed civil penalties totaling $1,159.26 for violation(s) as set forth in the assessment document of the Division of Water Resources dated January 13, 2015, 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 Resources 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. This the day of ,20 SIGNATURE ADDRESS TELEPHONE �� �_i� /! __ w � a) o 0 0 x c m ca W W O O o Z v m Z > y O m E2 Q (>51 g a a I _ a � 2, o Q > w w > Ui `i LL z O LU h r Q; ; F" N O ; F' Q ^ a O 0 W W W O o ~ -W ar g g J 0a � a U C� V V dam' J J z LU D LL W LL w Q _ _ Q U U U V F d1 Cn `m I_ 4% N N co - Z Z W O Z7 C3 0 0 0 4 �' u r F- fl N w w' a) w w w w 3 3 0 2 X X wU. X X X F- F- W Q O H � F. H W > 4'5 �5 Q U W c7 U ui w 0 0 � U U 0 a 'L a U) "'n 4 w w w ,C G. I-- f— CL I-- F— a g z z 0 0 a) (D _ a) _1 i w w QJ w w w U d a a a ELL. a LL. a r 0 0 0 0 0 0 0 oV 0 0 c 0 0 N ZwNr It W zw v Kr O C Q N N O N N N Ih 7 U7 V) U) Z O C. 0 0 0 C ZO C z N• EFT E~} M. O iL W J (L Sigh NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R, van der Vaart Governor Secretary January 14, 2015 Mr. Michael Rosenberg V Z Top Mountain Villas Condominium Association Inc. 8550 United Plaza Boulevard, Suite 1001 Baton Rouge, Louisiana 70809 Subject: NOTICE OF VIOLATION NOV-2016-LV-0009 Permit No. NCO037711 VZ TOP Homeowners Association WWTP Macon County Dear Mr. Rosenberg: A review of VZ TOP Homeowners Association WWTP's monitoring report for June 2014 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Solids, Total Suspended - 06/17/2014 45.000 mg/I 57.000 mg/I Daily Maximum Concentration 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 Resources 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 8281296-4600. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement Environmental Inc./ ORC 0,:1VVRVNC21MaconlWaste A aterNMinorsiVZ Top 3771 1\:NOV-2015-LV-0009.dro Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)296.4500 Fax: (828)299.7043 Internet: http://por al.ncdenr.org/web/wq An Equal Opportunity/Affirmative Action Employer North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary Certified Mail#7012 1010 00021965 9974 Return Receipt Requested January 14,2015 John Condrey,City Manager Town of Forest City PO Box 728 Forest City,NC 28043-0728 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 No.NC0087084 Town of Forest City Riverstone Industrial Park W WTP Case No.LV-2015-0005 Rutherford County --Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$259.26($100.00 civil penalty +$159.26 enforcement costs)against Town of Forest City. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Town of Forest City for the month of May 2014. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0087084. The violations,which occurred in May 2014,are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Town of Forest City violated the terms, conditions or requirements of NPDES Permit No. NC0087084 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 Resources, I, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Town of Forest City:. 2090 U.S.70 Higlaw•ay.Swatmanoa,NC 28778 Phone:828-296-4500 t Internet:wwwmcdenr.gov<bttp://www.ncdenr.„ov> An Equal oppor=ity ABirniative action Employer-Made in part by recycled paper $0.00 0 of the 1 violations of 143-215.1(a)(6) and NPDES Permit NO.NC0087084, by discharging, waste water into the waters of the State in violation of the Permit Monthly Average for TSS - Conc. 100.00 1'of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0087084, by discharging waste water into the waters of the State in violation of the Permit Weekly Average for TSS - Conc. $100.00 TOTAL CIVIL PENALTY $159.26 Enforcement Costs $259.26 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-282.1(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(30)days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 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. NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 2 ption 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 Resources 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 143B-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 Resources 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 Resources also requests that you complete and submit the_enclosed ".Justification for Remission Requuest." Both forms should be submitted to the following address: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 3 Option 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 petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)733-2698 Fax: (919)733-3478 One(1)copy ofthe petition must also be served on DENR as follows: Mr.John Evans,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. 4 have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville oional Office at(828)296-4667 or via email at janet.cantwell@ncdenr.gov. Sincerely, for Thomas A.Reeder,Director Division of Water Resources,NCDENR By G.Landon Davidson,Regional Supervisor Water Quality Regional Operations Section - Asheville Regional Office' Division of Water Resources,NCDENR ATTACHMENTS Cc: WQS Asheville.Regional Office-Enforcement File (w/attachments) NPDES Compliance/Enforcement Unit-Enforcement File (w/attachments) Central Files,Water Quality Section (w/attachments) 5 JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2015-0005 County: Rutherford Assessed Party: Town of Forest City Permit No.: NC0087084 Amount Assessed: $259.26 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 apply. 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. 143B-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 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: FATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF RUTHERFORD IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Town of Forest City ) Riverstone Industrial Park WWTP ) PERMIT NO.NCO087084 ) CASE NO. LV-2015-0005 Having been assessed civil penalties totaling $259.26 for violation(s) as set forth in the assessment document of the Division of Water Resources dated January 14, 2015, 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 Resources 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. This the day of ,20 SIGNATURE ADDRESS. TELEPHONE W v v a w x z rn m T Lv, °O-y r a o z 0 M C7 � Cl) O J o W a Q� W O O ? J V OC U M J F- O LO J LL O 0 — — U Z 4 E E w to 0 to Q U T U Z Cq j LL,= c LL w U w z 0 Q F- H v v ga w ?i > i-05 d w w t3 1- c c U U c 0 a � a+ o H J OJ W W J LL d .. � a � o 0 O O o O zco 0 F c 00 v �r to z w _ W O V p Z O o 0 1- > Q � o «� z E LU W J IL North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary Certified Mail#70121010 00021965 9981 Return Receipt Requested January 14,2015 John Condrey,City Manager Town of Forest City PO Box 728 Forest City,NC 28043-0728 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 No.NCO087084 Town of Forest City Riverstone Industrial Park WWTP Case No.LV-2015-0006 Rutherford County "Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$259.26($100.00 civil penalty +$159.26 enforcement costs)against Town of Forest City. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Town of Forest City for the month of June 2014. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0087084. The violations,which occurred in June 2014,are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a-matter of law that Town of Forest City violated the terms, conditions or requirements of NPDES Permit No. NCO087084 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 Resources, I, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Town of Forest City: 2090 U.S.70 Highway,Swannanoa,NC 28778 Phone:828-296-4i00 \Internet:vvmwncdenr.gov<http://tivww.nedenr.2ov> An Equal Oppornmity\Affirmative Action l-mploy er-Made in part by recycled paper $0.00 0 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0087084, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for TSS - Conc. 100.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0087084, by discharging waste water into the waters of the State in violation of the Permit Weekly Average for TSS - Conc. $100.00 TOTAL CIVIL PENALTY $159.26 Enforcement Costs $259.26 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. 14313-282.1(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. `\l Within thirty(30)days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission,OR (3) Submit a written request for an administrative hearing Option 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: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 2 option 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 Resources 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 143B-282.I(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 Resources 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 Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 3 Option 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 petition may be filed by facsimile (fax) or electronic mail by an-attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:' Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)733-2698 Fax: (919)733-3478 One(1)copy of the petition must also be served on DENR as follows: Mr.John Evans,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. 4 _ have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville ;tonal Office at(828)296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, for Thomas A.Reeder,Director Division of Water Resources,NCDENR By G.Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDENR ATTACHMENTS Cc: WQS Asheville Regional Office-Enforcement File (w/attachments) NPDES Compliance/Enforcement Unit Enforcement File (w/attachments) Central Files,Water Quality Section (w/attachments) 5 JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2015-0006 County: Rutherford Assessed Party: Town of Forest City Permit No.: NC0087084 Amount Assessed: $259.26 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 apply. 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. 143B-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 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: ,TATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF RUTHERFORD IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Town of Forest City ) Riverstone Industrial Park WWTP ) PERMIT NO.NCO087084 ) CASE NO. LV-2015-0006 Having been assessed civil penalties totaling $259.26 for violation(s) as set forth in the assessment document of the Division of Water Resources dated January 14, 20151 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 Resources 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. This the day of ,20 SIGNATURE . ADDRESS TELEPHONE a w a x w LU d O c`c F- CD > ¢ Q t 0 9 C Z 0 F' - r O �L J 0 w p ~ w o o g = = Q `° t J � U N � cam') _ J D LL 0 O = - - V. Z Q E E = w O � O O V a � LO Z ++ O w - ,J C J W d N is w LL C) O c 3 w o a CJO CL ~ Q D o o z > w w x v a R •c U w ui c w o 0 C O H a H H d a o J OJ W W U J _ LaL a F- a _ O C. 0 C9 • Z F- tt � d' co ti d v Z o 0 o �O 0 04 Coc cab Z O O o Q o 6-, ++ Z E a `f' LU '� f 71 MCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary January 15, 2015 DWR# 14-1283 Jackson County Richard&Elizabeth Beaver 3200 N Ocean Blvd., Apt. 1810 Ft. Lauderdale,FL 33308 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Lot 107 Longview Lane Dear Mr. &Mrs. Beaver: In accordance with your application dated December 5,2014, approval has been granted for the impacts listed in the table below.This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and any additional conditions listed below. -''roject impacts are covered by the attached Water Quality General Certification Number 3898 and the -conditions listed below.This certification is associated with the use of General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with your project, including those required by(but not limited to) Erosion and Sediment Control,Water Supply Watershed and Trout Buffer regulations. IMPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved Permanent Above Pool Below Pool Open Waters 0.0367 (acres) U23, (acres) Water Quality Regional Operations—Asheville Regional Office 2090 US Hwy 70,Swannanoa,NC 28778 Phone:828-296-45001 FAX:828-299-7043 Internet:http://podal.nGdenr.org/weblwglws An Equal Opportunity 1 Affirmative Action Employer r Richard&Elizabeth Beaver Page 2 of 3 ADDITIONAL CONDITIONS 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project,you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. 2. All banks shall be laid back to at least a 2:1 (length :height) slope and riprap applied at the water/land interface(at full pool). Riprap shall be placed as a linear protective measure upon the regraded slopes. Stone used in stabilization shall be of a size and density sufficient to prevent movement by wave or current action and shall consist of clean rock or masonry material free of debris or toxic pollutants. The rip-rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall: 3. Replant or allow the re-establishment of native vegetation in areas within the project boundary where it has been removed. Per Exhibit 1 of the Duke Shoreline Management Guidelines. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. - A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000 for information. A petition is considered filed when the original and one (1)copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition maybe faxed to the OAH at(919) 431-31005 provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5)business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One (1) copy of the petition must also be served to DENR: John Evans, General Counsel r Department of Environment and Natural Resources 1601 Mail Service Center .oeth Beaver Raleigh,NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H 0.500. Please contact Tim Fox at 828-296-4664 or tim.foxkncdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson,P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3898 Certificate of Completion cc: DWR ARO 401 files ec: Chad Ensley—Ensley Properties and Excavating,LLC Kevin Holland—Duke Energy David Brown-USACE Asheville Regulatory Field Office Laura Herbert—DEMLR Ashley Rodgers- DEMLR G:\WR\WQ\Jackson\401s\Non-DOT\Beaver Lot 107 Longview Lane\APRVL.40lBeaverLotlO7LongviewLn 1-15-2015.doc j..._, ;.., /�1 eT;�T do NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 15,2015 DWR# 14-1282 Jackson County. B & B Landing Enterprises, LLC Attn: Robert Grammen(Manager)&William Esping 2770 Indian River Blvd., Suite 500 Vero Beach, FL 32960 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION 126 Longview Lane Dear Mr. Grammen and Esping: In accordance with your application dated December 5, 2014,approval has been granted for the impacts listed in the table below.This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and any additional conditions listed below. J-roj ect impacts are covered by the attached Water Quality General Certification Number 3 898 and the conditions listed below. This certification is associated with the use of General Permit Number 30 issued by the U.S. Army Corps of Engineers: Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with your project, including those required by(but not limited to) Erosion and Sediment Control, Water Supply Watershed and Trout Buffer regulations. IMPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification; General'Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved Permanent Open Waters Above Pool Below Pool 0.0735 (acres) 0.0459 (acres) Water Quality Regional Operations—Asheville Regional Office 2090 US Hwy 70,Swanhanoa,NC 28778 Phone:828-296.45001 FAX:828-299-7043 Internet:hftp://portal.ncdenr.org/web/wglws An Equal Opportunity 1 Affirmative Action Employer B&B Landing Enterprises,LLC Page 2 of 3 ADDITIONAL CONDITIONS 1. This approval is for the purpose and design described in your application.The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project,you must notify the Division and you may be required to submit a new application-package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. 2. All banks shall be laid back to at least a 2:1 (length height) slope and riprap applied at the water/land interface (at full pool). Riprap shall be placed as a linear protective measure upon the regraded slopes. Stone used in stabilization shall be of a size and density sufficient to prevent movement by wave or current action and shall consist of clean rock or masonry material free of debris or toxic pollutants. The rip-rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall. 3. Replant or allow the re-establishment of native vegetation in areas within the project boundary where it has been removed. Per Exhibit 1 of the Duke Shoreline Management Guidelines. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty (60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919)431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5)business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One(1) copy of the petition must also be served to DENR: John Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center enterprises,LLC Raleigh,NC 27699-1601 This letter completes the review°of the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H 0.500. Please contact Tim Fox at 828-296-4664 or tim.foxgncdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3898 Certificate of Completion cc: DWR ARO 401 files ec: Chad Ensley—Ensley Properties and Excavating,LLC Kevin Holland-Duke Energy David Brown-USACE Asheville Regulatory Field Office Laura Herbert—DEMLR Ashley Rodgers -DEMLR G:\WR\WQ\Jackson\401s\Non-DOT\126 Longview Lane\APRVL.401 126LongviewLn 1-15-2015.doc ��'��, f"��; 0 ®: North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 15, 2015 Henry K. Odom 1 Ariel Loop Hendersonville,NC 28792 SUBJECT: Compliance Evaluation Inspection Magnolia Place WWTP Permit No:NCO071862 Henderson County Dear Mr. Odom: Enclosed please find a copy of the Compliance Evaluation Inspection Form from the inspection conducted on 12/15/2014. The facility was found to be in compliance with permit NC0071862. �As a reminder, your permit expires November 30, 2015. The renewal application is due 180 days prior to � "expiration. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff ` have any questions,please call me at (828)296-4685. Sincerely, Beverly Price Environmental Specialist Enc. cc: MSC 1617-Central Files-Basement WQ Asheville Files G:\WR\WQ\Henderson\Wastewater\Minors\Magnolia Place 71862TEL12-15-14.doc Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Internet:http://portal.ncdenr.org[weh/wq An Equal Opportunity\Affirmative Action Employer /-ti ,_ United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type inspector Fac Type 1 IN 1 2 .15 I 3 I NCO071862 I11 12 14/12/15 �17 18 L�j 19 1Li 201 211111111111111 .11111111111111111111111IIIIII f Inspection Work Ddys Facility Self-Monitoring Evaluation Rating B1 QA -------Reserved------- NJ -- 67 70 71 72 73' ' I74 75 ' I ' ' I LJ.J.L.LLL180 Section B:Facility Data (� 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) 10:OOAM 14/12/15 10/12/01 Magnolia Place WWTP Exit Time/Date permit Expiration Date 1 Ariel Loop 11:15AM 14/12/15 15/11/30 Hendersonville NC 287929583 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Henry Keith Odom/ORC/704-685-9520/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Henry Keith Odom,1 Ariel Loop Hendersonville NC 287929583/Owner/828-685-9520/ Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit ®Operations&MaintenancE 0 Records/Reports ® Facility Site Review Effluent/Receiving Waters 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 Beverly Price Division of Water Quality//828-296-4500) Signaturnagement A Reviewer Agency/Office/Phone and Fax Numbers / D to EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 31 NC0071862 I11 12 14/12/15 17 18 I'l Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The effluent pH was 7.5. The maintenance records were complete. One blower motor was not operational;the motor is on order from Grainger. The 22.5 degree effluent v-notch weir was verified as close as possible using a carpenters square. Calibration records for pH and chlorine appeared to be complete and accurate. The facility appears to be operating according to the permit. Page# 2 Permit: NCO071862 Owner-Facility: Magnolia Place VW TP Inspection Date: 1 2/1 512 01 4 inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ . ❑ application? Is the facility as described in the permit? 0 El El ❑ #Are there any special conditions for the permit? ❑ 0 ❑" Is access to the plant site restricted to the general public? 0 ❑ ❑ Is the inspector granted access to all areas for inspection? 0 ❑ El ❑ Comment: Permit expires 11/30/15. Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable ❑ ❑ ❑ Solids, pH, DO, Sludge Judge,and other that are applicable? Comment: Settleometers Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? N ❑ ❑ ❑ \ Are the receiving water free of foam other than trace amounts and other debris? S ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ S El Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical El Are the bars adequately screening debris? 0 ❑ ❑ ❑ Is the screen free of excessive debris? ■ ❑ ❑ ❑ Is disposal of screening in compliance? ❑ ❑ El Is the unit in good condition? 0 El ❑ Comment: There are two manual bar screens on the upper VWVfP. The first screen is rusted but still works. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? 0 ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ❑ Page# 3 Permit: NCO071862 Owner-Facility: Magnolia Place WWfP Inspection Date: 12/15/2014 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Are weirs level? ® ❑ ❑ ❑ Is the site free of weir blockage? ® ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ® ❑ ❑ ❑ Is scum removal adequate? ® ❑ ❑ ❑ Is the site free of excessive floating sludge? ® ❑ ❑ ❑ Is the drive unit operational? ❑ ❑ ® ❑ Is the return rate acceptable(low turbulence)? ® ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ® ❑ ❑ Is the sludge blanket level acceptable?(Approximately%<of the sidewall depth) ❑ ❑ Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ® ❑ Are surface aerators and mixers operational? ❑ ❑ ® ❑ Are the diffusers operational? ❑ ❑ ❑ � Is the foam the proper color for the treatment process? ® ❑ ❑ ❑ Does the foam cover less than 25%of the basin's surface? ® ❑ ❑ ❑ Is the DO level acceptable? Q ❑ ❑ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ El 0 Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ ® ❑ El Is storage appropriate for cylinders? ❑ ❑ #Is de-chlorination substance stored away from chlorine containers? ❑ ® ❑ (� Are the tablets the proper size and type? ® ❑ El ❑ Comment: Tablets are stored in an out building Are tablet de-chlorinators operational? ® ❑ ❑ Number of tubes in use? 2 Comment: Tablets are stored in an outbuilding. Page# 4 Permit: NC0071862 Owner-Facility: Magnolia Place WWTP Inspection Date: 1 211 5/2 01 4 Inspection Type: Compliance Evaluation De-chlorination Yes No NA NE Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ® ❑ ❑ ❑ Are the tablets the proper size and type? 0 ❑ ❑ ❑ Number of tubes in use? 2 Is the level of chlorine residual acceptable? . ❑ ❑ ❑ Is the contact chamber free of growth, or sludge buildup? ■ ❑ ❑ ❑ Is there chlorine residual prior to de-chlorination? ■ ❑ ❑ ❑ Comment: Page# 5 aaaDENR - North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 15, 2015 Henry K. Odom, Owner 1 Ariel Loop Hendersonville,NC 28792 SUBJECT: Collection System Non-Sampling Inspection Magnolia Place WWTP Permit No: WQCSD0525 Henderson County. Dear Mr. Odom Enclosed please find a copy of the Collection System_ Non-Sampling Inspection Form from the inspection conducted on 12/15/2014. The facility was found to be in compliance with permit WQCSD0525. I have enclosed a copy of the deemed permitted collection system rules for your convenience. Please refer to the enclosed inspection report for additional observations and comments. Thank you for your time during the inspection. If you or your staff have any questions,please call me at(828)296-4685. Sincerely, Beverly ice Environmental Specialist Enc. cc: MSC 1617-Central Files-Basement WQ Asheville Files G:\WR\WQ\Henderson\Collection Systems\Magnolia Place Mobile Horne ParkWQCSD0525\WQCSDO525 CEI14.doc Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Internet:http://portal.ncdenr.org/web/wq An Equal Opportunity 1 Affirmative Action Employer Compliance Inspection Report Permit: WQCSD0525 Effective: 06/09/10 Expiration: Owner: Henry K Odom SOC: Effective: Expiration: Facility: Magnolia Place WWTP 1 Ariel Loop County: Henderson Region: Asheville Hendersonville NC 2879295$3 Contact Person: Henry Keith Odom Title: Owner Phone: 828-685-9520 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): 24 hour contact name Henry Keith Odom 704-685-9520 On-site representative Henry Keith Odom 828-685-9520 Related Permits: Inspection Date: 12/15/2014 Entry Time: 10:OOAM Exit Time: 11:15AM Primary Inspector: Beverly Price Phone: 828-296-4500 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Collection System Inspect Non Sampling Permit Inspection Type: Deemed permitted collection system management and operation Facility Status: ® Compliant ❑ Not Compliant Question Areas: Miscellaneous Questions Performance Standards (See attachment summary) Page: 1 Permit: WQCSD0525 Owner-Facility:Henry K Odom Inspection Date: 12/15/2014 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine Inspection Summary: The collection system consists of two manholes and wastewater is gravity flow to the WWTP. Collection system is composed of PVC pipe with the exception of the-12"line which is ductile iron. The map should be updated as the original is faded. There is only one pump station located inside the fence adjacent to the WWTP. The pump station has audible& visual alarms. The collection system appears to be well maintained. Page: 2 permit: WQCSDO525 Owner-Facility:Henry K Odom Inspection Date: 12/15/2014 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? M ❑ El n What educational tools are used? A grease education flyer is posted quarterly on the community bulletin board. Is Sewer Use Ordinance/Legal Authority available? ❑ ❑ ■ ❑ Does it appear that the Sewer Use Ordinance is enforced? ❑ ❑ ❑ Is Grease Trap Ordinance available? ❑ ❑ ■ ❑ Is Septic Tank Ordinance available(as applicable,i.e.annexation) ❑ ❑ ® ❑ List enforcement actions by permittee,if any,in the last 12 months Has an acceptable Capital Improvement Plan(CIP)been implemented? ❑ ❑ M ❑ Does CIP address short term needs and long term\"master plan\"concepts? ❑ ❑ E ❑ Does CIP cover three to five year period? ❑ ❑ ■ Does CIP include Goal Statement? ❑ ❑ ■ ❑ Does CIP include description of project are ❑ ❑ 0 ❑ Does CIP include description of existing facilities? ❑ ❑ M ❑ Does CIP include known deficiencies? ❑ ❑ . ❑ Does CIP include forecasted future needs? ❑ ❑ ■ ❑ J Is CIP designated only for wastewater collection and treatment? ❑ ❑ M ❑ Approximate capital improvement budget for collection system? Total annual revenue for wastewater collection and treatment? CIP Comments Is system free of known points of bypass? ■ ❑ ❑ ❑ If no,describe type of bypass and location Is a 24-hour notification sign posted at ALL pump stations? ❑ ❑ . ❑ #Does the sign include: Instructions for notification? ❑ ❑ ■ ❑ Pump station identifier? ❑ ❑ ■ ❑ 24-hour contact numbers ❑ ❑ M ❑ If no,list deficient pump stations #Do ALL pump stations have an"auto polling"feature/SCADA? ❑ M ❑ ❑ Number of pump stations 1 Number of pump stations that have SCADA o Number of pump stations that have simple telemetry 0 Number of pump stations that have only audible and visual alarms 1 Number of pump stations that do not meet permit requirements 0 #Does the permittee have a root control program? ❑ M ❑ ❑ Page: 3 Permit: WQCSD0525 Owner-Facility:Henry K Odom Inspection Date: 12/15/2014 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine #If yes,date implemented? Describe: Comment: Page: 4 AT4,ZNW IF NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 15, 2015 Mr. Harold P.McKinney 13 51 Dairy Road Nebo,North Carolina 28761 Subject: Compliance Inspection Harold P. McKinney Dairy Facility No. 59-4 McDowell County Dear Mr. McKinney: On December 23,2014, I conducted a routine compliance inspection of the waste handling system*for the Harold P. McKinney Dairy. The following issues were noted: 1) Some of the SLUR—Forms were not calculated correctly. 2) The Waste Utilization Plan(WUP)and field maps still do not match up. 3) Stocking records were not available. A follow up inspection will be conducted in early February. The maps and the WUP, although updated by the McDowell County Soil&Water Conservation District(SWCD), still appeared to contain discrepancies. Please continue to work with the McDowell SWCD to ensure that the maps and the WUP are corrected as soon as possible. Thank you for your time and assistance during the inspection and do not hesitate to contact me at(828)296-4685 if you have any questions. Please see the Inspection Summary on Page 1 of the Inspection Report for additional comments. Sincerely, Beverly Pri " Environmental Specialist G:\WR\WQ\McDowe11\CAF0s\Haro1d P.McKinney Dairy\AWC590004CI14.docx Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Internet:http://portal.ncdenr.org/web/wq An Equal Opportunity 1 Affirmative Action Employer �� f�.,,\ ■ Division of Water Resources Division of Soil and Water Conservation Other Agency Facility Number: 590004 Facility Status: Active Permit: AWC590004 Denied Access Inppection Type: Compliance Inspection Inactive Or Closed Date: Reason for Visit: Routine County: McDowell Region: Asheville Date of Visit: 12/23/2014 Entry Time: 09:00 am Exit Time: 11:00 am Incident# Farm Name: Harold P.McKinney Dairy Farm Owner Email: Owner: Harold P McKinney Phone: 828-652-6168 Mailing Address: 1351 Dairy Dr Nebo NC 287619726 Physical Address: 1351 Dairy Rd Nebo NC 28761 Facility Status: ❑ Compliant Not Compliant Integrator: Location of Farm: Latitude: 35'36 00" Longitude: 81°51-00" Go south on Hwy 226 from Marion to Dairy Road(SR 1771)near Dysartsville. Dairy Rd.turns from pavement to dirt then back to pavement. Farm is located on the left approximately 1.5 miles down Dairy Rd. Question Areas: Dischrge&Stream Impacts ■ Waste Col,Stor,&Treat Waste Application ® Records and Documents ® Other Issues Certified Operator: Harold P McKinney Operator Certification Number: 21352 Secondary OIC(s): On-Site Representative(s): Name Title Phone 24 hour contact name Harold P McKinney Phone: 828-652-6168 On-site representative Harold McKinney Phone Primary Inspector: Beverly Price Phone: ' U Inspector Signature: ✓ Date: 151" Secondary Inspector(s): Inspection Summary: 9.The ditch/gully adjacent to the liquids pond has the potential to convey contaminated runoff if cows have access to that area. Waste Analysis:9/18/14 LSD Broadcast N=2.80,LSD Irrigation N=0.33;411/14 LSD Broadcast N=0.67;11/25/14 LSD Broadcast N=3.40 Soils Analysis:5123/13 pH-good 20.The maps do not agree with the WUP. 21.Stocking Records for 2014 were not available.Some of the SLUR-2 Forms need to be recalculated. GRAMAC will do a wettable acres determination and update the WUP for the fields that will be irrigated with new travelling gun. A follow up inspection is needed. The questions that were not addressed during this inspection will be addressed in February. page: 1 Permit: AWC590004 Owner-Facility: Harold P McKinney Facility Number: 590004 Inspection Date: 12/23/14 Inpsection Type: Compliance Inspection Reason for Visit: Routine Regulated Operations Design Capacity Current promotions Cattle ® Cattle-Milk Cow 200 I 76 Total Design Capacity: 200 Total SSLW: 280,000 Waste Structures Disignated Observed Type Identifier Closed Date Start Date Freeboard Freeboard Waste Pond LIQUID POND 37.20 67.20 Waste Pond SLURRY POND 19.20 55.20 page: 2 Permit: AWC590004 Owner-Facility Harold P McKinney Facility Number: 590004 Inspection Date: 12/23/14 Inpsection Type: Compliance Inspection- Reason for Visit: Routine Discharges&Stream Impacts Yes No Na Ne 1. Is any discharge observed from any part of the operation? ❑ ❑ ❑ Discharge originated at: Structure ❑ Application Field ❑ Other a.Was conveyance man-made? ❑ b. Did discharge reach Waters of the State?(if yes, notify DWQ) ❑ ❑ c.What is the estimated volume that reached waters of the State(gallons)? d. Does discharge bypass the waste management system?(if yes, notify DWQ) ❑ ❑ ❑ 2. Is there evidence of a past discharge from any part of the operation? ❑ ❑ 3.Were there any observable adverse impacts or potential adverse impacts to Waters of the ❑ ■ ❑ ❑ State other than from a discharge? Waste Collection,Storage&Treatment Yes No Na Ne 4. Is storage capacity less than adequate? ❑ on 1:1 If yes, is waste level into structural freeboard? 5.Are there any immediate threats to the integrity of any of the structures observed(I.e./large ❑ ® ❑ ❑ trees, severe erosion, seepage,etc.)? 6.Are there structures on-site that are not properly addressed and/or managed through a ❑ ■ ❑ ❑ waste management or closure plan? 7. Do any of the structures need maintenance or improvement? ❑ O 8. Do any of the structures lack adequate markers as required by the permit?(Not applicable to roofed pits,dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require ■ ❑ ❑ ❑ maintenance or improvement? Waste Application Yes No Na Ne 10.Are there any required buffers,setbacks, or compliance alternatives that need ❑ ® ❑ ❑ maintenance or improvement? 11. Is there evidence of incorrect application? ❑ ❑ ❑ ❑ If yes, check the appropriate box below. Excessive Ponding? Hydraulic Overload? El Frozen Ground? Heavy metals(Cu,Zn,etc)? ❑ PAN? Is PAN>10%/10 lbs.? Total Phosphorus? ❑ Failure to incorporate manure/sludge into bare soil? EJ Outside of acceptable crop window? ❑ Evidence of wind drift? ❑ Application outside of application area? ❑ page: 3 Permit: AWC590004 Owner-Facility: Harold P McKinney Facility.Number: 590004 Inspection Date: 12/23/14 Inpsection Type: Compliance Inspection Reason for Visit: Routine . Waste Application Yes No Na Ne Corn(Silage) Crop Type 1 Crop Type 2 Corn(Grain) Crop Type 3 Fescue(Hay,Pasture) Crop Type 4 Small Grain(Wheat,Barley, Oats) Crop Type 5 Crop Type 6 Soil Type 1 Braddock Soil Type 2 Hayesville Soil Type 3 lotla Soil Type 4 Soil Type 5 Soil Type 6 14. Do the receiving crops differ from those designated in the Certified Animal Waste El ® ❑ El Management Plan(CAWMP)? 15. Does the receiving crop and/or land application site need improvement? ❑ ® ❑ ❑ 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre ❑ ❑ ® ❑ determination? El 17. Does the facility lack adequate acreage for land application? ❑ ® ❑ 18. Is there a lack of properly operating waste application equipment? ❑ ®-❑ ❑ Records and Documents Yes No Na Ne 19. Did the facility fail to have Certificate of Coverage and Permit readily available? ❑ ® ❑ ❑ 20. Does the facility fail to have all components of the CAWMP readily available? ❑ ❑ ❑ ❑ If yes,check the appropriate box below: WUP? Checklists? Design? ❑ Maps? ❑ Lease Agreements? ❑ Other? ❑ If Other, please specify 21. Does record keeping need improvement? ® -❑ ❑ If yes,check the appropriate box below. Waste Application? Weekly Freeboard? Waste Analysis? ❑ Soil analysis? ❑ Waste Transfers? El Weather code? ❑ Rainfall? ❑ Stocking? 4 page. Permit: AWC590004 Owner-Facility: Harold P McKinney Facility Number: 590004 Inspection Date: 12/23/14 Inpsection Type: Compliance Inspection Reason for Visit: Routine Records and Documents Yes No Na Ne Crop yields? ❑ 120 Minute inspections? ❑ Monthly and 1"Rainfall Inspections ❑ Sludge Survey ❑ 22. Did the facility fail to install and maintain a rain gauge? ❑ ® ❑ ❑ 23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment ❑ ❑ e ❑ (NPDES only)? 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ ® ❑ ❑ 25. Is the facility out of compliance with permit conditions related to sludge?If yes,check the ❑ ❑ ® ❑ appropriate box(es)below: Failure to complete annual sludge survey ❑ Failure to develop a POA for sludge levels ❑ Non-compliant sludge levels in any lagoon ❑ List structure(s)and date of first survey indicating non-compliance: 26. Did the facility fail to provide documentation of an actively certified operator in charge? ❑ ® ❑ ❑ 27. Did the facility fail to secure a phosphorous loss assessment(PLAT)certification? ❑ ❑ ■ ❑ Other Issues Yes No Na Ne 28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document ❑ ® ❑ ❑ and report mortality rates that exceed normal rates? 29.At the time of the inspection did the facility pose an odor or air quality concern? If yes, ❑ ® ❑ ❑ contact a regional Air Quality representative immediately. 30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? ❑ ® ❑ ❑ (i.e., discharge,freeboard problems, over-application) 31. Do subsurface the drains exist at the facility? ❑ ® ❑ If yes, check the appropriate box below. Application Field ❑ Lagoon/Storage Pond ❑ Other ❑ If Other, please specify 32.Were any additional problems noted which cause non-compliance of the Permit or ❑ ® ❑ ❑ CAWM P? 33. Did the Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ ® ❑ ❑ 34. Does the facility require a follow-up visit by same agency? ® ❑ ❑ ❑ page: 5 XFWA MCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 16, 2015 Mr. Aaron Hamlin Wedgefield Acres Mobile Home Park 558 Pond Road Asheville, North Carolina 28806 Subject: NOTICE OF VIOLATION NOV-2015-MV-0002 Permit No. NCO062634 Wedgefield Acres MHP WWTP Dear Mr.Hamlin: Buncombe County A review of Wedgefield Acres MHP WWTP's monitoring report for May 2014 showed the following violations: Parameter Date Measuring Frequency Violation Flow, in conduit or thru 05/01/2014 thru Continuous Failure to Monitor treatment plant 05/05/2014 Flow, in conduit or thru 05/07/2014 thru Continuous Failure to Monitor treatment plant 05/12/2014 Flow, in conduit or thru 05/14/2014 thru Continuous Failure to Monitor treatment plant 05/20/2014 Flow, in conduit or thru 05/22/2014 thru Continuous Failure to Monitor treatment plant 05/27/2014 Flow, in conduit or thru 05/29/2014 thru Continuous Failure to Monitor treatment plant 05/31/2014 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 parameter was 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. Please be reminded that this was the second Frequency violation for Flow in 2014. Remedial actions should be taken to correct this problem. The Division of Water Resources 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, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement _ James&James Environmental/ORC Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)2964500 Fax: (828)299-7043 Internet: http://portal.ncdenr.org/web/wq An Equal Opportunity/Affirmative Action Employer G:'WRtb�Y)tt3uncombe�l§'aster��nter:,t-tinurctW�d�etis[d Acre,7011P 6263gitOd-201>-.',4t3-i3662.doe DENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 16,2015 Ms.Deborah L.Potter Petroleum World,Inc. P.O.Box 341 Mooresboro,NC 28114 Re: Well Construction Permit: WM0100360 Foothills Community Market,LLC Property Property PIN: 2731916936 Burke County,NC Dear Ms. Potter, In accordance with the application submitted on your behalf by James Gamertsfelder,we are forwarding well construction permit WM0100360 dated January 16, 2015.The permit is for the construction of four monitoring wells on the Foothills Community Market,LLC property as described in the application and the attached permit. The permit will be effective from the date of issuance for a period of one year and is subject to the conditions and limitations as'specified therein.A Well Construction Record shall be completed and signed by the certified drilling contractor for each well.This form shall be submitted to the Division of Water Resources upon.completion of the well and shall reference the permitnumber.Please review the attached permit conditions. If you should have any questions or need additional information contact Andrew Moore at 828-296- 4500. Sincerely, G.Landon Davidson,P.G. Regional Supervisor Water Quality Regional Operations Section cc: ARO/file ec: James Gamertsfelder, Shield Engineering 2090 U.S,Hwy.70,North Carolina 28778 Phone:828-296-4500\Internet:www.ncdenr.gov An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES PERMIT FOR THE CONSTRUCTION OF MONITORING WELL In accordance with the provisions of Article 7, Chapter 87, North Carolina General Statutes, and other applicable Laws,Rules and Regulations. PERMISSION IS HEREBY GRANTED TO Petroleum World,Inc. FOR THE CONSTRUCTION OF A MONITORING WELL SYSTEM consisting of four wells owned by Petroleum World Inc.,P.O.Box 341,Mooresboro,NC 28114.The well will be located on property owned by Foothills Community Market,LLC located in Burke County(PIN#2731916936).This Permit is issued in accordance with the application received on January 14,2015, in conformity with specifications and supporting data,all of which are filed with the Department of Environment and Natural Resources and are considered integral parts of this Permit. This Permit is for well construction only, and does not waive any provision or requirement of any other applicable law or regulation. Construction of any well under this Permit shall be in strict compliance with the North Carolina Well Construction Regulations and Standards (15A NCAC 02C .0100), and other State and Local Laws and regulations pertaining to well construction. If any requirements or limitations specified in this Permit are unacceptable, you have a right to an adjudicatory hearing upon written request within 30 days of receipt of this Permit. The 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,North Carolina 27699-6714. Unless such a demand is made,this Permit is final and binding. This Permit will be effective for one year from the date of its issuance and shall be subject to other specified conditions,limitations,or exceptions as follows: -- 1. Issuance of this Permit does not supersede any other agreement,permit, or requirement issued by another agency. 2. The well(s)shall be located and constructed as shown on the attachments submitted as part of the Permit application. 3. Each well shall have a Well Contractor Identification Plate in accordance with 15A NCAC 02C .0108(0)where applicable. 4. The monitoring well shall be maintained in accordance with 15A NCAC 02C.0108. 5. A Well Construction Record (GW-1) for each well shall be submitted to the Division of Water Resource's Information Processing Unit within 30 days of the well completion in accordance with 15A NCAC 02C.0114. 6. When the well is discontinued or abandoned,it shall be abandoned in accordance with 15A NCAC 02C .0113 and a well abandonment record(GW-30) shall be submitted to the Division of Water Resource's Information Processing Unit and the property owner within 30 days of the well abandonment in accordance with 15A NCAC 2C.0114. Permit issued the 16th day of January,2015 FOR THE NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Landon Davidson,Regional Supervisor Water Quality Regional Operations Section By Authority of the Environmental Management Commission Permit No. # WM0100360 _Q0ftft_'*­ MCDEMR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January,16, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED—7014 0510 0000 4467 0003 Mr. Robert Jordan Slater Properties, Inc. DBA Caroland Farms 215 Vesper Circle Mauldin, SC 29662 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Caroland Farms NOV-2015-PC-0012 Removal of Best.Usage Polk County Response deadline: February 16,2015 ' Dear Mr. Jordan, On January 8, 2015,Andrew Moore and Tim Fox from the Asheville Regional Office of the Division of Water Resources (DWR) conducted a site inspection of Caroland,Farms near Phillips Road in Polk County. During the site inspection,the following violation was identified: VIOLATION I. Removal of Best Usage-15A NCAC 02B.0211 (2)—Approximately ten linear feet of an unnamed tributary of Hooper Creek(Class C) were impacted by fill representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2). REQUIRED RESPONSE Remove the fill from the tributary and restore the stream to pre-existing conditions. Upon completion of the work you shall contact Andrew Moore at(828)296-4684 to schedule a follow- up inspection. The work shall be completed within one month of the date of this letter. You may consider contacting Natural Resources Conservation Service (MRCS)representative Mike Sigmon(828-287-4220 ext. 3) for alternative livestock watering designs that do not violate water quality standards. 2090 U.S.Hwy.70,North Carolina 28778 Phone:828-296-45001 Internet:www,ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer—Made in part by recycled paper W.Robert Jordan January 16,2015 Page 2 of 2 Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Resources regarding these issues and any future/continued violations that may be encountered. Your above- mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above,be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters,please contact Andrew Moore at(828)296-4500 or Andrew.W.Mooregncdenr.gov .. Sincerely, G. Landon Davidson,P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc: Karen Higgins -401 & Buffer Permitting Unit ARO File Copy Polk County Planning David Brown, Army Corps of Engineers (e-copy) G:AWR\WQ\Polk\Complaints\Caroland Farms\NOV-2015-PC-0012.CarolandFarms1-16-15.doc NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary January 16, 2015 DWR#' 15-0020 Rutherford County Tommy Eison Eison Family Limited Partnership 201 Rocky Point Way Greenville, South Carolina 29615 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION 144 Conroy Court Bank Stabilization Dear Mr. Eison: In accordance with your application dated December 31,2014, approval has been granted for the impacts listed in the table below. This approval requires you to follow the conditions listed in the enclosed certification(s)or general permit and any additional conditions listed below. Project impacts are covered by the attached Water Quality General Certification Number 3898 and the conditions listed below. This certification is associated with the use of General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with your project, including those required by(but not limited to) Erosion and Sediment Control, Water Supply Watershed and Trout Buffer regulations. IMPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved Permanent Open Waters Above Pool Below Pool 0.0528 (acres) 0.0524 (acres) ADDITIONAL CONDITIONS 1. This approval is for the purpose and design described in your application.The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project,you must notify the Division and 1601 Mail Service Center,Raleigh,North Carolina 27699-1601 Phone:919-707-8600\Internet:www.ncdenr.gov An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. 2. SeaWall with Riprap Installation All banks shall be laid back to at least a 2:1 (length : height) slope and riprap applied at the water/land interface(at full pool). Riprap shall be placed as a linear protective measure upon the regraded slopes. Stone used in stabilization shall be of a size and density sufficient to prevent movement by wave or current action and shall consist of clean rock or masonry material free of debris or toxic pollutants. The rip-rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. All exposed soils, above the Riprap stabilized area,to a distance of 30 feet from the top of bank shall be replanted in accordance with the attached Guidelines for Riparian Buffer Restoration. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall. 3. No Impacts Beyond those in Application No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices,shall be performed so that no violations of state water quality standards, statutes, or rules occur. The turbidity standard of 10 NTUs(Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 02B .0200. Appropriate sediment and erosion control practices must be used to meet this standard. Lake Lure is classified as B; Trout waters. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty (60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAR Clerk's Office of(919)431-3000 for information. A petition is considered filed when the original and one(1)copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919)431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One (1) copy of the petition must also be served to DENR: John Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H 0.500. Please contact Ed Williams at(828)296-4686 or ed.williamskncdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3898 Certificate of Completion EEP Guidelines for Riparian Buffer Restoration cc: Dale Shields - shieldstree@gmail.com DWR ARO 401 files William Elliot USACE Asheville Regulatory Field Office Andrea Leslie,NC Wildlife Resources Commission Laura Herbert, DEMLR G:\WR\WQ\Rutherford\401s\Non-DOT\Eison 144 Conry Ct\APRVL.40iEison Bank Stabilization.1-16-2015.doc 1g2h NCD North Carolina Department of Environment and Natural Resources 'at McCrory Donald R.van der Vaad Governor Secretary January 21, 2015 DWR# 14-1116 Henderson County CERTIFIED MAIL: 7014 0510 0000 4466 0028 RETURN RECEIPT REQUESTED Hooper's Creek Property Management,LLC Attn: Mr.Dennis Dorn 730 Sugarloaf Road Hendersonville,NC 28792 Subject: RETURN OF APPLICATION Tracy Grove Road Commercial Development Dear Mr.Dorn: On October 29,2014,the Division of Water Resources(Division)received a copy of your 401 Water Quality Certification Application for the subject project. We wrote to you on November 13,2014 and November 25,2014 requesting additional information on the project. As of today,the Division has not received a complete response to the additional _information request. No response has been received for the items listed below that were stated in the November 25,2014 -quest for Additional Information letter,which had a response deadline of December 29,2014, 1. The site plan is still incomplete. Please include fill slope information and the proposed grading plan,including stabilization and planting plan information, and all other appropriate information needed to review the project. Please locate any planned utilities on the site plan. 2. The division appreciates that you re-designed the project to limit the culvert impact. However, this office believes that the stormwater culvert labeled on the plans can be avoided. Please . explain why the building, roadway, or parking area cannot be reconfigured to avoid the impacts to the stream or why other site construction alternatives are not being utilized, such as retaining walls, etc. 3. Cross section details will need to be provided showing the provisions for aquatic life passage. Pursuant to Title 15A NCAC 02H.0507(e),the Division is unable to approve your application. For the reasons listed above,your application is hereby returned. Once you have addressed the problems and/or inadequacies with your application as it was submitted,you will need to reapply to the Division for approval including a complete application package and the appropriate fee. Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Internet:hftp://portal.ncdenr.org/web/wq An Equal Opportunity 1 Affirmative Action Employer -Hooper's Creek Property Management,LLC Dennis Dorn DWR#14-1116 Page 2 of 2 Please be aware that you have no authorization under Section 401 of the Clear Water Act for this activity and any work done within waters of the state would be a violation of North Carolina General Statutes and Administrative Code. Please contact Tim Fox STAFF at 828-296-4664 or tim.foxCamcdenngov if you have any questions or concerns. Sincerely, 5 G.Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc: DWR ARO 401 files ec: Jacob Grieb,P.E. Brent Detwiler,P.E. City of Hendersonville David Brown- USACE Asheville Regulatory Field Office G:\WR\WQ\Henderson\401s\Non-DOT\Tracy Grove Rd Commercial\RTN.40lTracyGroveCommerciall-2I-2015.doe NCDENR North Carolina Department of Environment.and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary January 21,2015 Hathaway Development Partners,LLC Attn:Nick Hathaway 5901-C Peachtree Dunwoody Road, Suite 125 Atlanta, Georgia 30328 SUBJECT: Notice of Violation Response and Sediment Removal Plan Approval Ansley at Roberts Lake NOV-2014-PC-0219 Buncombe County Dear Mr. Hathaway: The Division of Water Resources has received correspondence from Civil Design Concepts dated January 9, 2015, in response to the NOV noted above. The proposal includes the removal of sediment from Clayton Creek. Sediment will be removed manually with buckets and shovels. The plan indicates placing sediment along the pond bank and stabilizing. Please ensure that the removed sediment is placed far enough away from the stream bank to eliminate any risk of sediment returning to the stream, until the area is stabilized appropriately. Consider using silt fence to stabilize the removed sediment while the ground cover becomes established. The remedial actions presented in the response have been found satisfactory and are approved. Culvert installation conditions will continue to be monitored for meeting the aquatic passage requirement noted in NOV 2014-PC-0179. Activities involved in this approved plan,as well as submittal of the final report, are to be completed within thirty(30) days of this approval letter. Please contact me at(828) 296-4664 or tim.fox@ncdenr.gov should you have any further questions. Sincerely, Tim ox Environmental Specialist Water Quality Regional Operations Asheville Regional Office cc: Mike Anderson P.E.—Civil Design Concepts ARO File Copy Doug Sharp—Buncombe County Erosion Control G:\WR\WQ\Buncombe\401s\Non-DOT\Ansley at Roberts Lake(Hathaway Apartments)\APRVL.AnsleyatRobertsLakel-21-15.doc Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500\FAX:828-299-7043 Internet:hftp://portal.nodenr.org/web/wq An Equal Opportunity\Affirmative Action Employer IKWA 6�"E North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 21, 2015 Beth Harandine 103 Arrowood Lane Hendersonville,NC 28791 Subject: Complaint Investigation& Stream Sample Results Dear Mrs. Harandine: On December 16, 2014, I collected a water sample from the stream below your residence. The stream is an unnamed tributary to Mill Pond Creek. The sample was collected in response to your complaint of elevated levels of fecal coliform bacteria from a previous stream sample. At the time of sample collection there was no water flowing in the streambed adjacent to your driveway. There was no sewage odor. The stream surfaces approximately 100 feet below the culvert at the top of your driveway. Analytical results indicate that at the time of sampling,the fecal coliform bacteria count was 24 colony forming units (CFU)/100milliliters of sample. The North Carolina Stream Standard for fecal coliform bacteria is 200 CFU/100milliliters. Based on the analytical results, it appears that the bacteria levels are consistent with surface water with no stormwater or wastewater discharges. You indicated that the sample that Mr. Harandine collected was after a period of rain. Stormwater runoff could have accounted for the elevated bacteria levels. If you have any questions,please do not hesitate to contact me at (828)296-4685. Sincerely, Beverly P 'ce Environmental Specialist G:\WR\WQ\Henderson\Complaints\201401780Harandine residence.doc 2090 US.Hwy.70,Swannanoa North Carolina 28778 Phone:828-296-4500\Internet:www.ncdenr.gov An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper WDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 21, 2015 DWR# 15-0019 Rutherford County Bryant and Cheryl Smith 275 South Rugby Road Hendersonville,North Carolina 28791 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION 147 Tryon Bay Circle-Rutherford County-Bank Stabilization Dear Mr. and Mrs. Smith: In accordance with your application dated January 5, 2015, approval has been granted for the impacts listed in the table below. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and any additional conditions listed below. Project impacts are covered by the attached Water Quality General Certification Number 3898 and the conditions listed below. This certification is associated with the use of General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with your project, including those required by(but not limited to)Erosion and Sediment Control, Water Supply Watershed and Trout Buffer regulations. ADDITIONAL CONDITIONS 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. 2. No Impacts Beyond those in Application No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 1601 Mail Service Center,Raleigh,North Carolina 27699-1601 Phone:919-707-8600 t Internet:www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer—Made in park by recycled paper This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty (60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000 for information. A petition is considered filed when the original and one(1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919)431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road -� Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One (1) copy of the petition must also be served to DENR: John Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H 0.500. Please contact Ed Williams at(828) 296-4686 or ed.williams&ncdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson,P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office , Enclosures: GC 3898 Certificate of Completion EEP Guidelines for Riparian Buffer Restoration cc: DWR ARO 401 files William Elliot USACE Asheville Regulatory Field Office Andrea Leslie,NC Wildlife Resources Commission Laura Herbert, DEMLR GAWR\WQ\Rutherford\401sWon-DOT\Smith 147 Tryon Bay Circle\APRVL.401Smith Bank Stabilization.1-16-2015.doc NCDENR North Carolina Department of Environment and Natural Resources Pat McCrary Donald R: van der Vaart Governor Secretary January 23, 2015 Jerry West, Director of Oerations Highlands Cove, LLC 705 Highlands Cove Drive Box C Highlands,NC 28741 SUBJECT 'Compliance Evaluation Inspection(7/8/14 Follow Up) Highlands Cove WWTP Non-Conjunctive Reclaimed Water Utilization System Permit No: WQ0017530 Jackson County Dear Mr. West: Enclosed please find a copy of the Compliance Evaluation Inspection Form from the inspection conducted on 1/13/2015. The facility was found to be incompliance with permit WQ0017530. Please refer to the enclosed inspection report for additional observations and comments.Your assistance and that of Mr. Marty Kocot and Mr. Rick Muffin was appreciated during the inspection. If you or your staff have any questions,please call me at(828) 296-4685. Sincerely, Beverly Price Environmental Specialist Enc. cc: Marty Kocot, P.E. LandWorks Engineering,PLLC PO Box 1922 Asheville NC 28802 WQ Central Files WQ Asheville Files G:\WR\WQ\Jackson\Wastewater\Non-discharge\Highlands Cove,LLC\WQ0017530CEI14 Follow Up.docG Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swandanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Internet:http:llportal,ncdenr.org/weblwq An Equal Opportunity\Affirmative Action Employer Compliance Inspection Report Permit: WQ0017530 Effective: 03/08/05 Expiration: 02/28/14 Owner: Highlands Cove LLC SOC: Effective: Expiration: Facility: Highlands Cove WWTP County:Jackson 2160 Highlands Cove Dr Region: Asheville Highlands NC 28741 Contact Person: Jerry West Title: Director of Operations Phone: 828-526-3284 Directions to Facility: From Cashiers intersection of Hwy.64 and Hwy. 107:Travel west on Hwy.64 for approximately three miles. Highlands Cove is located on the right,wait at guard house for ORC. System Classifications: SI, WW2, Primary ORC: Richard Wootton Murnn Certification: 26357 Phone: 828-421-4945 Secondary ORC(s): On-Site Representative(s): 24 hour contact name Richard Wootton Murrin 828-421-4945 On-site representative Martin Kocot On-site representative Jerry West 828-526-3284 Related Permits: Inspection Date: 01/13/2015 Entry Time: 11:30AM Exit Time: 12:15PM Primary Inspector: Beverly Price Phone: 828-296-4500 Secondary Inspector(s): Reason for Inspection: Follow-up Inspection Type: Compliance Evaluation Permit Inspection Type: Wastewater Irrigation Facility Status: Compliant Not Compliant Question Areas: Miscellaneous Questions (See attachment summary) Page: 1 Permit: WQ0017530 Owner-Facility:Highlands Cove LLC Inspection Date: 01/13/2015 Inspection Type:Compliance Evaluation Reason for Visit: Follow-up Inspection Summary: This inspection was a follow up to the 7/8/2014 inspection that was non-compliant. NOV-2014-PC-0156 response was received onl1/17/14 and updated 12/4114. 1.Slap arrestor has been repaired. 2. Housekeeping issues have been resolved. Safety grates have been determined to be safe. 3. Construction debris below power line right-of-way(sprayfield)has been removed. New sprayheads to replace the damaged heads arrived 11/11/14. 4. Both ponds have new freeboard gauges with readily visible elevation markings. 5.The liner in the 5-day pond is scheduled for repair. 6.All woody vegetation and seedlings have been removed from the earthen basin embankments on the 5-day and wet weather ponds. i Page; 2 low A NCD North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 23, 2015 DWR# 15-0047 Rutherford County Thomas Paige Gibson and Susan E. Gibson Post Office Box 1882 Marion,North Carolina 28752 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Gibson Property Dam Repair, Seawall Installation, and Dredging Lake Lure,NC—Rutherford County Dear Mr. and Mrs. Gibson: In accordance with your application dated January 14, 2015 and all additional information submitted, approval has been granted for the impacts listed in the table below. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and any additional conditions listed below. Project impacts are covered by the attached Water Quality General Certification Number 3898, 3883, and the conditions listed below. This certification is associated with the use of Nationwide Permit 3 and General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with,your project, including those required by(but not limited to) Erosion and Sediment Control,Water Supply Watershed and Trout Buffer regulations. IMPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved,including incidental impacts. Amount Approved ___Type of Impact Area of Impact Seawall Construction 0.007 (acres) Seawall Construction 0.002 (acres) (extension) Fill (between existing 0.007 (acres) and new west wall) Dredging(above 0.05 (acres) existing dam) Total Impact 0.66 (acres) 1601 Mail Service Center,Raleigh,North Carolina 27699-1601 Phone:919-707-86001 Internet:www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer—Made in part by recycled paper ADDITIONAL CONDITIONS 1: This approval is for the purpose and design described in your application. The plans and specifications for this project.are incorporated by reference as part of the Certification/Authorization. If you change your project,you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certifications)/Permit/Authorization and is responsible for complying with all conditions. 2. Seawall with Riprap Installation Riprap shall be placed as a linear protective measure along the base of the newly constructed seawall. Stone used in stabilization shall be at least Class B riprap in size to itat. The rip-rap shall be installed over a toed in filter provide additional wildlife hab fabric to prevent soil erosion behind the stabilized area. All exposed soils, above the Riprap stabilized area, to a distance of 25 feet from the top of bank shall be replanted in -, accordance with the attached Guidelines for Riparian Buffer Restoration. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall. As stated in your application, New seawall should be faced with loose rock up to full pool elevation to provide for rough surface with cracks and crevices for aquatic habitat. 3. No Impacts Beyond those in Application No waste, spoil, solids, or fill Iof any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 02B .0200. Appropriate sediment and erosion control practices must be used to meet this standard. Lake Lure is classified as B;Trout waters. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. A petition form may be obtained from the OAH at htta://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000 for information. A petition is considered filed when the original and one(1) copy along with any applicable OAH filing fee is received in the OAH during.normal office hours (Monday through Friday between 8:00am and 5:00pm,excluding official state holidays). The petition may be faxed to the OAH at(919)431-3100,provided the original and one copy of the petition along with any applicable OAH filing.fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One(1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H 0.500. Please contact Ed Williams at(828) 296-4686 or ed.williams2ncdenngov if you have any questions or concerns. Sincerely, G. Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3898, 3883 Certificate of Completion EEP Guidelines for Riparian Buffer Restoration cc: DWR ARO 401 files Rebekah Newton, Clearwater Environmental Clint Calhoun, Town of Lake Lure William Elliot USACE Asheville Regulatory Field Office Andrea Leslie,NC Wildlife Resources Commission Laura Herbert,DEMLR G:\WR\WQ\Rutherford\40ls\Non-DOT\Gibson Dam\APRVL401 Gibson.01232015.doc L :ilk WAA 4A IV NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary January 23,2015 - DWR# 14-1301 Yancey County Ms. Kristin Bail USDA Forest Service ; 160 Zillicoa Street, Suite A Asheville,NC 28801 Mr. Brady N. Dodd USDA Forest Service 160 Zillicoa Street, Suite A Asheville,NC 28801 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Tributary to South Toe River Stream Restoration Project 'dear Ms. Bail and Mr. Dodd: In accordance with your application dated December 9, 2014, approval has been granted for the impacts listed in the table below. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and any additional conditions listed below. Project impacts are covered by the attached Water Quality General Certification Number 3885 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 27 once it is issued to you by;the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with your project, including those required by (but not limited to)Erosion and Sediment Control, Water Supply Watershed and Trout Buffer regulations. IMPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved Amount ApprovedTemporary Permanent Stream 290 (linear feet) (linear feet) Water Quality Regional Operations—Asheville Regional Office 2090 US Hwy 70,Swannanoa,NC 28778 Phone:828-296-4500 l FAX:828-299-7043 Internet:http://portal.ncdenr.org/web/wq/ws An Equal Opportunity 1 Affirmative Action Employer Ms.Kristin Bail January 23,2015 Page 2 of 3 ADDITIONAL CONDITIONS 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. 2. Meet the conditions stated in the North Carolina Wildlife Resources-Commission letter dated January 15, 2015, including avoiding in-channel work between October 15 and April 15. 3. The designer or his designee shall supervise the installation of in-stream structures. 4. Within 60 days of completion of construction, as-built drawings shall be submitted to both the Division of Water Resources, 401 &Buffer Permitting Unit, 1650 Mail Service Center, Raleigh NC 27699-1650 and to the Asheville Regional Office. 5. Visual monitoring of the project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly after storm events)and vegetation is successful. Any failures of structures, stream banks, or vegetation may require future repairs or replacement,which requires coordination with the Asheville Regional Office to ensure the stability and water quality of the stream and downstream waters. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty (60) calendar days. " A petition form may be obtained from the OAH at httj2://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919)431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five(5)business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One (1) copy of the petition must also be served to DENR: John Evans, General Counsel Department of Environment and Natural Resources -" 1601 Mail Service Center Raleigh,NC 27699-1601 3ai1 ,3,2015 of 3 this letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC .0500. Please contact Andrew Moore at 828-296-4684 or Andrew.W.Moorenncdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G.,Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3885 Certificate of Completion cc: DWR ARO 401 files DWR 401 and Buffer Permitting Unit Tasha Alexander,USACE Asheville Regulatory Field Office (via email) .Ashley Rodgers; Energy, Mineral and Land Resources(via email) Laura Herbert; Energy, Mineral and Land Resources Asheville Regional Office (via email) Andrea Leslie,NCWRC (via email) G:\WR\WQ\Yancey\401s\Non-DOT\Tributary to S.Toe Stream Restoration Project\APRVL.Tributary to South Toe River Stream Restoration Project.1-23-15.doc �� f j �_ Water Quality Certification No, 3885 GENERAL CERTIFICATION FOR STREAM RESTORATION.ENHANCEMENT AND STABILIZATION PROJECTS AND.iAfETL A AND ND Rii?AftiAN RESTORATION AND CREATION ACTIVITIES INCLUDING Tlit,Se 5LIGIBLE"F"QR U.S.ARMY CORPS OF ENGINEERS.NATIONWIDE PERMI NUIVIEERS_1." BANK STABILIZATION AND 27{WETLAND AND RIPARIAN RESTORATION AhID Ct EATIQft AND"REGIONAL PERMIT 197800.00/BULKHEADS AND RIPRAPI AND'RIPARIAN AREA PROTECTIdN RILES(SUFFER RULES) Water Quality Certification Number 3885 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15A NCAC 02H .05.00 and 15A NCAC 028 .01200 for the discharge of fill material to waters as described in 33 CFR 330 Appendix A(B)(13 and 27)and Regional Permit 197800080 and for the Riparian Area Protection Rules(Buffer Rules) in 15A NCAC 0213.0200; The State of North Carolina certifies that the specifies(category,of activity will not violate applicable portions of Sections 301,302;21 306 and 3q7 ofi the Public Laws 92-500 and 95-217 if conducted'in accordance with the conditions hereinafter set forth. Activities meeting any one(1)of the following thresholds or circumstances require written approval for a 401 Water Quality Certification from the Division of Water Quality(the , «Division'*}c a) All proposed fill or modification of wetlands and/or waters,including streams and streambanks, regardless of the purpose of the restoration,enhancement, stabilization, or, creation activity, except for single and independent projects involving in-stream structures for the sole purpose of streambank:stabilization, which are designed based on current' natural channel techniques,,and do not exceed a total of three structures within 100 feet or less of'streambabk,or b) Any stream relocation; or c) Bank`Stabilization projects qualifying far Nationwide Permit 13 for erosion protection Which utilize non-natural armoring such as riprap,gabion'baskets, deflection walls etc of :V greater than 150 feet in streambank length;or d): Banff Sta6ilizatiorr protects quelifyirig for Nat�i�nwi�e"Pormit 13 for erosion proteirtiori .., . __ . ... ... .... which utilize natural streambank sloping, vegetation,and other natural channel protection techniques of greater than 5.00 feet of streambank length,or e) Any impact associated with a Notice of Violation ar an enforcement action for violation(s) of DUVQ Wetland Rules(15A NCAC 02H 0500), Isolated Wetland Rules(15A NCAC 02H. 1300), aWQ Surface Water or Wetland Standards, or Riparian Buffer Rules(15A NCAC 02B .0g00};tit f) Any impacts to streams and/or buffers in the Neuse,Tar-Pamlico, or Catawba River Basins or in the Randleman,,Jordan or Goose Creek Watersheds(or any other basin or watershed with Riparian Area Protection Rules[Buffer Rules]in effect at the time of" application)untess the activities are listed as"EXEMPT"from these rules or a Buffer Authorization Certificate is issued through N.C. Division of Coastal Management(DCM) delegation for"ALLOWABLE"activities.. In accordance with North Carolina General Statute 143-215.31)(e),written approval for a 401 Water Quality General Certification must include the appropriate fee. If a project also requires:a CAMA Permit,then,one payment to both agencies shall be submitted and will be the higher of the two fees:- Water Quality Certification No. 3885 1 Water Quality Certification No. 3885 Activities Included in this General Certification that do not meet one of-the thresholds listed above do not require written approval from the Division aslong as they comply with the Conditions of Certification listed below. -if any of these Conditions cannot be met,then, written approval from the Division Is required. Conditions of Certification: I. Activities shall:meet the definitions, design;and monitoring protocols specified within the US a Army Corps of Engineers Wilmington District Regulatory Guidance Letter(RGL02-02)and the Stream Mitigation Guidelines(April 2003)or any subsequent updates to these documents. 2. Notmpacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use: of this Certification< No waste,spoil, solids,or fill of any kind shall occur in wetlands,waters,or riparian areas beyond the footprint of the im acts depicted in,the Pre406nstruction Notification, as authorized in the written approval from the Division or beyond the thresholds established for use of this Certification without written authorization, including incidental impacts Ail: construction activities; including the design,installation, operation,and maintenance of sediment and erosion control Best Management Practices shall be performed so that no violations of state water quality standards, statutes, or rules occur. Approved plans and specifications for this;project are incorporated by reference and are enforceable parts of this permit. 3. Standard Erosion anti Sediment Control Practices: 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 and if applicable, comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site: a Design, 'rrstaliation, operation, and maintenance of the sediment and erosion control measures m ust be such that they(equal or exceed the requirements specified in the most _ } recent version of the NOW Earolinaedimeit and erosion Ciantroi 1Vlanual. "The devices shall be maintained on all construction sites,borrowsites,and waste pile(spoil)projects, including contractor-owned or leased borrow pits associated with the project. b. 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 Vlonual. c. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971.- d. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment'shall be on site.at all times. i i e. If the project occurs In waters or watersheds classified as Primary Nursery Areas(PNAs),: 5,4,WS-I,WS-ii, High Quality(HQW),or Outstanding:Resource(.ORW)waters,then the sedimentation and erosion control designs must comply with the requirements set forth in 15A NCAC 048 .0124, Design Standards in Sensitive Watersheds. Water Quality Certification No. 3886 2 Water Quality Certification No. 3885 4. No Sediment and Erosion Control Measures in Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions to this condition require application submittal to and written approval by the Division. If placement of sediment and erosion control devices in wetlands and waters- unavoidable,, then design and placement of temporary erosion control measures shall not be conducted in a manner than may result in:dis-equillbrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream of'the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two(2) months of the date that the Division of Land Resources(DLR)or locally delegated program has released the specific area within the project. 5. Construction Storrnwator Permit NCGOIOOOO An NPDES Construction Stormwater Permit is.required for construction projects that disturb ane;(1)or more acres of land. This Permit allows stormwater to be discharged during.Iand disturbing construction activities as stipulated in the conditions of the permit if your project is covered by this permit,full compliance with permit-conditions'including the erosion& sedimentation control plan„inspections and inainienanci~,self-monitoring, record keeping and reporting requirements is required. A copy of the genera{permit(NCG010000), inspection log sheets, and other information may be,found at htt .#pprtal ncdenr oralweblwcllwslsufnWess�. The North Carolina Department of Transportation (NCD(JT)shall be,required to be,in full compliance with the conditions related to construct!, n activities within the most recent version of their individual,NPDES(NCSOC70250)stormwater permit. E 6. Construction Moratoriums and Coordination } If activities must occur during periods of high biological activity(i.e. sea turtle nesting, fish spawning.,or bird nesting), then biological monitoring may be,required at the request of other state or federal agencies and coordinated with these activities: _. All,rnaratortums on,construction activities estab(lshed by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service(USFVIIS); NC Division of Marine Fisheries (DM F),or National Marine Fisheries Service(NMFS)to lessen impacts on trout, anadromous fish, larvallpost4arval fishes and drustaceans or other aquatic 5peoies of concern shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. Work within:the twenty-five (25)designated trout counties or identified state or federal endangered or threatened'species habitat shall be coordinated;with the appropriate WRC, USFWS, NMFS,_and/or DMF personnel: 7. Work in the Dry All work in or adjacent to stream waters shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the: most current version of the NC Sediment and Erosion Control Manual,;or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rook berms,cofferdams, . and other diversion structures shall be used to minimize excavation in flowing water. Exceptions to this condition require application submittal to and written approval by the Division. 3 Water Quality Certification No. 3885 ' Water Quality Certification No, 3885 8. Riparian Area Protection(Buffer)Rules Activities located in the protected riparian areas(whether jurisdictional wetlands or not), within the Neuse, Tar-Pamlico, or Catawba River Basins or in the Randleman; Jordan, or Goose Creek Watersheds(or any other basin or watershed with buffer rules)shall be limited to"uses'identified within and constructed in accordance with 15A NGAC 02B.02331.0259, .0243, .0250, .0267 and .0606, and shall be located,designed,constructed,and maintained to have rnin'irnal disturbance to protect water quality to the maximum extent practicable through the use of best management practices, All buffer rule requirements, including diffuse flow requirements,must be met. 9. If concrete is used during,the construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state due to the potential for elevated pH and possible aquatic life/fish kills: 10. Aii temporary fill and culverts shall be removed and the impacted area returned to natural conditions within 60 days of the determination that the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including,each stream's; original cross sectional dimensions, plan'form pattern, and iongitudinal;bed and bed profile,. and the various sites shall be stabilized with natural woody vegetation(except for the s approved maintenance areas)and restored to prevent erosion. 11. Al[temporary piped culverts/riprap pads etc,shall be installed'in all streams as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manuai so as not to restrict stream flow or cause dis-equilibrium during use of this General Certification.; 12. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip-rap shall buried and/or"keyed in"such that the original stream elevation and streambank contours are restored and maintained. Placement of rip-rap or other approved materials shall not result in de-stabilization of the stream bed or banks upstream or_downstream of the area 13. Any rip-rap used for stream stabilization shall be of a size and density so as not to be able to be carried off by wave, current action, or stream flows and consist of clean rock or masonry material free of debris or toxic pollutants. Rip-rap shall not be'installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of,bank stabilization measures. 14. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas including riparian buffers, but is restricted;to no closer than 10 feet from top of bank of streams, Any fertilizer application must comply with all other Federal, State and Local regulations. 15. Applications for riprap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal Management General Permit for construction of Wooden and Riprap' Groins in Estuarine and Public Trust Waters)must meet all the specific conditions for design and construction specified in 15Ar NGAC 07H .1405; Water Quality Certification No.3885 4 Water Quality Certification No. 3885 16. Compensatory Mitigation In accordance with 15A NCAC 02H .0506(h) compensatory mitigation may be required for losses of equal to or greater than 150 linear feet of streams(intermittent and perennial) and/or equal to or greater than one(1)acre of wetlands. For linear public transportation projects, impacts equal to or exceeding 150 linear feet per stream shall require mitigation. Buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for activities classified as"Allowable with Mitigation"or"Prohibited"within the Table of Uses. A determination of buffer, wetland, and stream mitigation requirements shall be made for any General Water Quality Certification for this Nationwide and/or Regional General Permit. Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington District Stream Mitigation Guidelines(April 2003)or its subsequent updates. Compensatory mitigation plans shall be submitted to the Division for written approval as required in those protocols_ The mitigation plan must be implemented and/or constructed before any impacts occur on site. Alternatively, the Division will accept payment into an in-lieu fee program or a mitigation bank. In these cases, proof of payment shall be provided to the Division before any impacts occur on site: 17. If an environmental document is required under the National or State Environmental Policy Act(NEPA or SEPA),then this General Certification is not valid until:a Finding of No Significant Impact(FONSI)or Record of Decision(ROD) is issued by the State Clearinghouse; 18. In the twenty(20)coastal counties, the appropriate DUUQ Regional Office must be contacted' to determine if Coastal Stormwater Regulations will be required:. 19. This General Certification does not relleve the applicant of the responsibility to obtain all other required Federal,State,or Local approvals. 20. The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water gualttr standards(including any requiremenfs resin#ing from compliance with}§303(d}of the Clean ttl(afer Act}, and any other appropriate-requirements of"" State and Federal Law. if the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use,or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, then the Division may reevaluate and modify this General Water Quality Certification: 21. When written authorization is required for use of this certification, upon completion of all permitted Impacts included within the approval and any subsequent modifications, the applicant shall be-required to return the certificate of completion attached to the approval. One copy of the certificate shall be.sent to the DWQ Central office in Raleigh at 1650 Mail' Service Center, Raleigh, NC, 27699-1650, 22. Additional site-specific conditions, including,monitoring and/or modeling requirements, may be added to the written approval letter for projects proposed under this Water Quality Certification in order to ensure compliance with all applicable water quality and effluent standards. 23. This certification grants permission to the director, an authorized representative of the Director, or DEN,R staff,upon the presentation of proper credentials,to enter the property during normal business hours. Water Quality Certification No. 3885 5 Water Quality Certification No. 3885 This General Certification shall expire on the same day as the expiration date of the corresponding Nationwide and/or Regional General Permit The conditions in effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project; regardless of the expiration date of this Certification: Non-compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this General Certification for the project and may also result in criminal and/or civil penalties, The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity if it is determined that the project is likely to have,a significant adverse effect upon water quality, including state or federallIy listed endangered or threatened aquatic species, or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina i Division of Water Quality. Effective date: March 19,2012 DIVISION OF WATER QUALITY By Charles Wakild, P.E. Director History Note: Water Quality Certification(WQC}Number 3885 issued March 19, 2012 replaces WQC Number 3689 issued November 1, 2007, WQC Number 3626 issued March, 2007; WQC Number 3495 issued December.31, 2004;and WQC Number 3399 issued.March 2003. This General Certification is rescinded when the Corps of Engineers reauthorizes any of the corresponding Nationwide and/or Regional General Permits and/or when deemed appropriate by the Director of the Division of Water Quality. Water Quality Certification No 3885 6' 1 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary DWR Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules,and any subsequent modifications,the applicant is required to return this certificate to the 401 and Buffer Permitting Unit,North Carolina Division of Water Resources, 1650 Mail Service Center,Raleigh,NC,27699-1650. This form may be returned to DWR by the applicant,the applicant's authorized agent,or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification 1, ,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 and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification 1, ,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 and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional 1, ,as a duly registered Professional (Le.,Engineer,Landscape Architect,Surveyor,etc.)in the State of North Carolina,having been authorized to observe(periodically,weekly,full time) the construction of the project,for the Permitee 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 and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications, and other supporting materials. Signature: Registration No. Date 401&Buffer Permitting Unit 1650 Mail Service Center,Raleigh,North Carolina 27699-1650 Phone:91"07-6300 t FAX:919-807-6494 Internet:http:,qpMal-nodenr.orgJweb/wglws An Equal Opportunity,Affirmative Action Employer �`- i ��_�� r , NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 26, 2015 Young Lee Phillips 32 Bran Rick Lane Arden,NC 28704 RE: Sample ID: (AC13335) Sample Location: 32 Bran Rick Lane Buncombe County, NC Dear Mr. Phillips, Please find attached the analytical results for a water sample collected from your water supply well located at the address referenced above,on October 1, 2014. The samples were analyzed for thallium, sulfate,and various metals.Your water supply well was chosen for sampling due to its proximity to a coal ash structural fill currently being constructed at the Asheville Regional Airport.The collection of water samples is a routine matter and not an indication of impacts to local drinking water supplies. The following table summarizes the attached analytical results. Please note that the bolded values indicate levels above the NC Groundwater Standard, 15A NCAC 2L.0202.The results are shown in units of micrograms of contaminant per liter of water and is approximately equivalent to part per billion (ppb). Barium 2,000 700 M 14 Calcium 4,600 Chloride 250,000 1,000 Copper 1,300 1,000 81 Lead 15 15 17 Magnesium 1,000 Manganese 50 20 Potassium 1,300 Sodium 4,500 Zinc 1,000 140 1636 Mail Service Center,Raleigh,North Carolina 27699-1636 Phone:919-807-64641 Internet:http:llwww,ncwater.org An Equal Opportunity 1 Affirmative Action Employer—Made in part by recycled paper Young Lee Phillips January 26,2015 Page 2 of 2 Because constituents were detected in your water sample above the applicable standard, a Health Risk Evaluation (HRE) of the water supply was performed by our toxicologist, Dr. Ken Rudo.The HRE,which is enclosed,makes specific recommendations for use of your water based on these results. The remaining constituents in your drinking water are typical for groundwater quality in Western North Carolina. I will be contacting you shortly to resample your well for lead. If you have any questions concerning the Health Risk Evaluation,please contact Dr. Ken Rudo at (919) 707-5911. If you have any additional questions or concerns,please contact me at (828) 296-4681 or brett.laverty@ncdenr.gov. Sincerely, Brett Laver Water Quality Re tonal Operations Asheville Re ' nal Office Attachments: Health Risk Evaluation by Dr.Ken Rudo DWR laboratory analytical results Pace Analytical laboratory analytical results Cc: file Buncombe County Health Department BUNCOMBE :WA 7 $ Sample ID: AC13335 Basin f PO Number# 14G0392 .aport To AROAP Date Received: 10/03/2014 Time Received: 07:50 lector: B LAVERTY Labworks LoginiD TASCENZ01 Region: AROAP Final Report Date: 10/27/14 Sample Matrix: GROUNDWATER Fit11s Rep011f Report Print Date: 11/12/2014 Loc.Type: Emergency Yes/No VisitlD COC Yes/No Loc.Descr.: 32 BRAN RICK LANE ARDEN Location ID: IP1132BRANRICK Collect Date: 10/01/2014 Collect Time: 11:11 Sample Depth If this report is labeled preliminary report,the results have not been validated, Do not use for Regulatory purposes. Result/ Method Analysis Validated by CAS# Analvte Name PQL Qualifier Units Reference Date LAB Sample temperature at receipt by lab 3.2 °G 1013/14 MSWIFT WET Ion Chromatography _TITLE mg/L EPA 300.0 rev2.1 10/16/14 MOVERMAN Chloride 1.0 1.0 mg/L EPA 300.0 rev2.1 10/16114 MOVERMAN Fluoride 0.4 0.4 U mg/L EPA 300.0 rev2.1 10/16/14 MOVERMAN Sulfate 2.0 2.0 U mg/L EPA 300.0 rev2.1 10/16/14 MOVERMAN Bromide 1.0 1.0 U mg/L EPA 300.0 rev2.1 10/16/14 MOVERMAN DIET 7440-22-4 Ag by ICPMS 1.0 1.0 U ug/L EPA200.8 10/14/14 ESTAFFORD1 90-5 Al by ICP 50 50 U ug/L EPA 200.7 10/10/14 ESTAFFORD1 7440-38-2 AS by ICPMS 2.0 2.0 U ug/L EPA200.8 10/14/14 ESTAFFORDI 7429-96-5 B by ICP 50 50 U ug/L EPA 200.7 10/13/14 ESTAFFORDI 7440-38-3 Ba by ICP 10 14 ug/L EPA 200.7 10/10/14 ESTAFFORD1 7440a0-2 Ca by ICP 0.10 4.6 mg/L EPA 200.7 10/10/14 ESTAFFORDI 7440-43-9 Cd by ICPMS 0.50 0.60 U ug/L EPA 200.8 10/14/14 ESTAFFORD1 7440-47-3 Cr by ICPMS 10 IOU ug/L EPA200.8 10/14/14 ESTAFFORDI 7440-50-8 Cu by ICPMS 2.0 81 ug/L EPA200.8 10/14/14 ESTAFFORDI 7439-89-6 Fe by ICP 50 50 U ug/L EPA 200.7 10/10/14 ESTAFFORDI 7439-97-6 Hg 245,1 0.2 0.20 U ug/L EPA245.1 10/10/14 ESTAFFORD1 7440-09-7 K by ICP 0.10 1.3- mg/L EPA 200.7 10/10/14 ESTAFFORD1 7439-95-4 Mg by ICP 0.10 1.0 mg/L EPA 200.7 10/10/14 ESTAFFORDI 7439-96-5 Mn by ICP 10 20 ug/L EPA 200.7 10/10/14 ESTAFFORDI 7440-23-5 Na by ICP 0.10 4.5 mg/L EPA 200.7 10/10/14 ESTAFFORD1 7440-02-0 Ni by ICPMS 2.0 2.0 U ug/L EPA200.8 10/14/14 ESTAFFORDI 7439-92-1 Pb by ICPMS 2.0 17 ug/L EPA200.8 10/14/14 ESTAFFORDI 7782-49-2 Se by ICPMS 5.0 5.0 U ug/L EPA200.8 10/14/14 ESTAFFORDI 7440-66-6 Zn by ICPMS 10 140 ug/L EPA 200.8 10/14/14 ESTAFFORDI Laboratory Section>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 For a detailed description of the qualifier codes refer to n;;,,;/(sv.>ra!_nuJenr�oplt?ep/y,,��y!as/spannrgfts,has�!sfguata,cZua_t5er codes<ncYal3s!aJ.;nnienr.orp/v_,eb!y;g.an(s;3finno;tecryass!st, Page T of 1 f�,...�\ '. _ �/ Pace Analytical Services,Inc. 2225 Riverside Dr. Cttas /"fltal Asheville,NC 28804 arww.pawabs com (828)254-7176 ANALYTICAL RESULTS Project: Asheville Airport CCB Area 3 Pace Project No.: 92219660 Sample: 32 Bran Rick Lane Lab ID: 92219660001 Collected: 10/01/14 11:11 Received: 10/02/14 09:22 Matrix:Water Parameters Results Units Report Limit OF Prepared Analyzed CAS No. Qual 200.8 MET ICPMS Analytical Method:EPA 200.8 Preparation Method:EPA 200.8 Thallium NO ug/L 0.10 1 10/08/14 14:52 10/10114 15:52 7440-28-0 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:10/15/2014 12:46 PM without the written consent of Pace Analytical Services,Inc.. Page 4 of 11 -,12015 00; 6 9198704807 OEEB MERA PAGE 02/05 i4orth Carolinas Division of Public Health Occupational and :invironmentsl EXaidemlology Branch,Epidewiology Section INOI,G (:C=M CAL ANAL- VS19 REPORT Priv,.to well water information and recummendlatidw Colmly; + 1�tani 1 Sample Id Number Location: Reviewer ANALYSIS RkOO T Your well water was tested for 1. metals,plus nitrates,nitritos,and pH. The reads were evaluated using the federal drinkng wakter standards. The pH is a measure of the acidity'of the fir. Drinking water may contain,subgtamces that oceui rkaturally in water or can be introduced into the water from nraimade sources. TES' :iSSULTS AND USP RECOMMENDATIONS Your well water meets fade��a1 drinking water standards. Your water can be used for drinking,conking, washing, cleaning,bathing,and s,towering. ,1' a following substan Is) !xceedod federal drit*jAg water S%ndards. Your water can be used for driar deg,cooping,washing,clew ing,bathing,and show0ft but_aqLthAc,problems such as bad taste,odor, staining of porcelain,etc.may oc;ur. You may want to instal a,household water treatment system to address cost eoe problems; _ troy N1a C� fluorideY Sodit_ see Sal;iraium '`5ilr�ar _. The following substance(s) ;%seeded federal drinking water standards, Title recommend that your well water not be used for drinhcirag an:.soaking,U less you install a water treatment system to remove the circled -substance(s).However, it may b€ ased for washing,cleaning,bathing and showering, -- tuoride Iron 1vTa since Aramaic. H iutct Cadmium_. �Ctirotaiusn Cv er Sodium �#tie H.. Man anew mo raNi� te/Ni iite Seleaimm Silvor Re-sanriip?i�ng is recoitzumend+11 in months. _/Re-smnple for lead and/or !upper, Take a first draw,5 iWnute,and 15 minute sample inside the house (preferably the hcitohrn) and if po i5ible a first draw,5-minute and a 15 minute sample at the well head to determine he sauirce of the lead;;;id/or rvppe�r. OTHER CONSIDERATIONS Routine we.11 water Sampling for 'w above substance is recommmded every two to tt ree years. Sample your well water when there is a k;kown problem or 0ontamination in your area,after repairs or replacement of your well,or after a flooding eve't. Contact your local health department for sampling inatructious. For further information please Co gact your county health department or the Occupational and Environmental Epidamiola gy$ranch at 919-707- A8. .. ♦.-.a r:_.:�._.Anti NCENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 26, 2015 Roger&Wanda Pinner 29 Old Pinner Place Arden, NC 28704 RE: Sample ID: (AC13336,AC13397,&92219660) Sample Location: 29 Old Pinner Place Buncombe County, NC Dear Mr. and Mrs. Pinner, Please find attached the analytical results for multiple water samples collected from your water supply well located at the address referenced above, on October 1, 2014 and October 6, 2014. The samples were analyzed for thallium, sulfate,fecal coliform bacteria,total coliform bacteria, and various metals.Your water supply well was chosen for sampling due - to its proximity to a coal ash structural fill currently being constructed at the Asheville Regional Airport.The collection of water samples is a routine matter and not an indication of impacts to local drinking water supplies., The following table summarizes the attached analytical results.The results are shown in units of micrograms of contaminant per liter of water and is approximately equivalent to part per billion (ppb). Calcium 17,000 Copper 1,300 1,000 3.2 Magnesium 1,100 Manganese 50 13 Potassium 2,7007777:77d Sodium 10 Because constituents were detected in your water sample,a Health Risk Evaluation (HRE) of the water supply was performed by our toxicologist, Dr. Ken Rudo.The HRE,which is enclosed, indicates your drinking water is safe for all household uses including drinking, 1636 Mail Service Center,Raleigh,North Carolina 27699-1636 Phone:919-807-64641 Internet:http:l/www,ncwater.org An Equal Opportunity 1 Affirmative Acton Employer—Made in part by recycled paper Roger&Wanda Pinner January 26,2015 Page 2 of 2 cooking,washing dishes,bathing,and showering.All of the constituents present in your drinking water are typical for groundwater quality in Western North Carolina. If you have any questions concerning the Health Risk Evaluation,please contact Dr. Ken Rudo at(919) 707-5911. If you have any additional questions or concerns,please contact me at(828) 296-4681 or brett.laverty ncdenr.gov. Sincerely, Brett Lav lt�3 Water Q al egional Operations Asheville Regional Office Attachments: Health Risk Evaluation by Dr.Ken Rudo DWR laboratory analytical results Pace Analytical laboratory analytical results Cc: file Buncombe County Health Department BUNCOMBE Sample ID: Basin fl �tTx' AC13336 PO Number At 14GO393 eport To AROAP cam` Date Received: 1 0/0 312 01 4 ector: B LAVERTY Os � Time Received: 07:60 Kegion: AROAP Labworks LoginlD TASCENZ01 Sample Matrix: GROUNDWATER Final Report Date: 10/27/14 Loa Type: Minim R@p01 t Report Print Date: 11/12/2014 Emergency Yes/No VisitiD COC Yes/No Loc.Descr.: 29 OLD PINNER PLACE ARDEN Location ID: 1P11290LDPINNER Collect Date: 10/01/2014 Collect Time: 12:49 Sample Depth If this report is labeled preliminary report,the results have not been validated Do not use for Regulatory purposes. CAS# Analyte Name PQL Result/ Units Method Analysis alidatea QV Qualifier Reference Date LAB Sample temperature at receipt by lab 3.2 °C 10/3/14 MSWIFT WET 7429-90-5 Ion Chromatography _TITLE_ mg/L EPA 300.0 rev2.1 10/16/14 MOVERMAN Chloride 1.0 1.0 U mg/L EPA 300.0 rev2.1 10/16/14 MOVERMAN Fluoride 0.4 0.4 U mg/L EPA$00.0 rev2.1 10/16/14 MOVERMAN Sulfate 2.0 2.0 U mg/L EPA 300.0 rev2.1 10/16/14 MOVERMAN Bromide 1.0 1.0 U mg/L EPA 300.0 rev2.1 10/16/14 MOVERMAN MET 7440-22-4 Ag by ICPMS 1.0 1.0 U ug/L EPA 200.8 10/14/14 ESTAFFORD1 \ )0-5 AI by ICP 50 60 U ug/L EPA 200.7 10/10/14 ESTAFFORDI 7440-38-2 AS by ICPMS 2.0 2.0 U ug/L EPA 200.8 10/14/14 ESTAFFORD1 7429-90-5 B by ICP 50 60 U ug/L EPA 200.7 10/13/14 ESTAFFORDI 7440-38-3 Ba by ICP 10 IOU ug/L EPA 200.7 10/10/14 ESTAFFORD1 7440-70-2 Ca by ICP 0.10 17 mg/L EPA 200.7 10/10/14 ESTAFFORD1 7440-43-9 Cd by ICPMS 0.50 0.60 U ug/L EPA 200.8 10/14/14 ESTAFFORD1 7440-47-3 Cr by ICPMS 10 10U ug/L EPA200.8 10/14/14 ESTAFFORDI 7440-50-8 Cu by ICPMS 2.0 3.2 ug/L EPA 200.8 10/14/14 ESTAFFORD1 7439-89-6 Fe by ICP 50 60 U ug/L. EPA 200.7 10/10/14 ESTAFFORDI 7439-97-6 Hg 245.1 0.2 0.20 U ug/L EPA 245.1 10/10/14 ESTAFFORDI 7440-09-7 K by ICP 0.10 2.7 mg/L EPA 200.7 10/10/14 ESTAFFORDI 7439-95-4 . Mg by ICP 0.10 1.1 mg/L EPA 200.7 10/10/14 ESTAFFORD1 7439-96-5 Mn by ICP . 10 13 ug/L EPA 200.7 10/10/14 ESTAFFORD1 7440-23-5 Na by ICP 0.10 10 mg/L EPA 200.7 10/10/14 ESTAFFORDI 7440-02-0 Ni by ICPMS 2.0 2.0 U ug/L EPA 200.8 10/14/14 ESTAFFORD1 7439-92-1 Pb by ICPMS 2.0 2.0 U ug/L EPA 200.8 10/14/14 ESTAFFORDI 7782-49-2 Se by ICPMS 5.0 6.0 U ug/L EPA 200.8 10/14/14 ESTAFFORDI 7440-66-6 Zn by ICPMS 10 IOU ug/L EPA 200.8 10/14/14 ESTAFFORDI Laboratory Section»1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 For a detailed description of the qualifier codes refer to he:•/;.e_y_rai;asdprre�,!wPn/yyalzwknk9/,essi,as ea_ry.T;Mzr.coaP$_<nip,G, K,i.�Meoryrq/;,n(,,xy(:,an� Page 1 of 1 �,. �.:ji ,_,.. BUNCOMBE � A, Sample ID: AC13397 :r Basin PO Number# ARO <eport To AROAP Date Received: 10/06/2014 Time Received: 16:00 lector: B LAVERTY Labworks LoginlD KJIMISON2 Region: AROAP Final Report Date: 10/21/14 Sample Matrix: GROUNDWATER Loc.Type: Water Supply Final Reim Report Print Date: 12/16/2014 Emergency Yes/No VisitlD COC Yes/No Loc.Descr.: 29 OLD PINNER PLACE ARDEN Location ID: 1P1129OLDPINNER Collect Date: 10/06/2014 Collect Time: 14:41 Sample Depth If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. CAS# Analyte Name PQL Result/ Units Method Analysis Validated by Qualifier Reference Date Others Sample temperature at receipt by lab 2.2 °C 10/6/14 RBYRD Coliform, MF Fecal in liquid 1 1 B2 CFu/100ml APHA0222D-20th 10/6/14 CGREEN Coliform, MF Total in liquid 1 1 B2 CFU/100ml APHA9222B-20th 10/6/14 CGREEN Laboratory Section>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 For a detailed description oft he qualifier codes refer to nt;,!,ponat.nulepcs,(_AetJ.yanao/mftnrtc/tech.kssfs+auata_q.gdggt_cadPs noenr;org/y,�g,•'wgOan[seafinito1,Lecnas�tsc_ Page 1 of 1 Pace Analytical Services,Inc. laceA 2225 Riverside Dr. GrI iV ( Asheville,NC28804 www.pecetabs com (828)254-7176 ANALYTICAL RESULTS Project: Asheville Airport CCB Area 3 Pace Project No.: 92219660 Sample: 29 Old Pinner Place Lab ID: 92219660002 Collected: 10/01/14 12:49 Received: 10/02/14 09:22 Matrix:Water Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual 200.8 MET ICPMS Analytical Method:EPA 200.8 Preparation Method EPA 200.8 Thallium ND ug/L 0.10 1 10/08/1414:52 10/1011415:57 7440-28-0 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:10/15/2014 12:46 PM without the written consent of Pace Analytical Services,Inc.. Page 5 of 11 ',�,1 � � .-� ..3/2015 00:36 9198704807 OEEB MERA PAGE 05/05 114oxtb Carolina Division of Public health occupational and ;uvironmental Epidemiology&awb,4idemiology Section XN01.IYANIC CHEMICAL ANALYSIS REPORT Prlvi i well water lufar=tion and rteommendations kw County: 4 Name: __ Sample Id Number: Location: Reviewer Poe ANALYSIS 1t]R'x' Your well water was tested for 1! metals,plus Wtrates,n4dtes,and,pH. The results wme evaluated using the federal drinking water standards. Me pff is a measure of the acidity of the water. Drinking water may contain substances that can occur i taturally in water or can he introduced into the wader from manmade sources. TEST:I ESULTS AND USE RECOMMENDATIONS ' Your well water meets fede A drinking water standards. Your water can be used for drinking,cooWng, washing,olem tzg,bathing,mad s i oweriing. The following substance(s) !;Kceeded feral drinking water standards. Your water can be used for drinking,cook S,washing,clew ling,bathing,and showering,but aestltatic problems such as bad taste,odor, staining of porcelair4 etc.may oo,ar. You may want to install a household water treatment system to address aesthetic problems, $arium Cfrroti6m— I plua dde I Iron MQ a*zn Manynga I Sell irciium silver Sodium 1,Zinc The following substance(s) ;,,Kceeded federal drinking water standards. We recommend that your well water not be used for drinking an+.cooking,unless you install a waster treatment system to remove the circled Isubstance(s). However,it may be used for washing,cleaning,bafift and showering. Arsenic I Barium Caaidw-iun Chmmium Copper I VluQride I Lead I Iran cam �Mauag anese Merc NitrateNii Ys Selenium Silver Sodium Zinc H — urY�� Re-sampling is recommesnde iari•-- Mon*s. Re-sample for lead and/or(;upper.. Take a first draw,5 mimde,and 15 minute sample inside the house (prefi mbly the kitchen)and if po!,bible a first draw,5 minute and a 15 minute sample at the well head to determine the source of the lead.a-.d/or copper. [IMR CONSIDERATIONS Routine well water sampling for t:.e abovo vubstauces is reconmxended every two to tbave years. Sample your well water when there is a io )wn problem or contamination in your area, after repairs or replacement of your well,or after a flooding ever 1. Contact your local health department for sampling instructions, For further Information please cor i pact your tounty health department or the Occupational and Environmental Epidemiology Branch at 919-707-610. /i �.,_.,. �OMMRi NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary January 26, 2015 Scott Jones, Fire Chief Fairview Volunteer Fire Department Inc PO Box 244 Fairview NC 28730 William Taylor 1005 Cane Creek Rd. Fletcher,NC 28732 SUBJECT: Compliance Evaluation Inspection 133 Upper Brush Creek Road Permit No:NCG551075 Buncombe County Dear Messer's Jones and Taylor: On January 12, 2015, I conducted a Compliance Evaluation Inspection of the wastewater system at the above referenced site. The system is newly installed and appeared to be in compliance with permit NCG551075. However, there were a couple of.items noted that need your attention; they include stabilizing the ground and placing a lid on the de-chlorination unit. Please refer to the enclosed inspection report for important information. If you any questions, please call me at 828-296-4500. Sincerely, p� Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enc.Inspection Report cc: MSC 1617-Central Files-Basement Asheville Files 5:\WR\WQ\Buncombe\Wastewater\General\NCG55 Single Family Residence\551075 Billy Taylor-Fairview Fire Dept\CEI.Jan20151tr.doc Water Quality Regional Operations—Asheville Regional Office 2090 U,S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Intemet:http:l/portal.nGdenr.orglweb/wq An Equal Opportunity\Affirmative Action Employer United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approv2t expires 8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 15 1 3 I NCG551075 I11 12 15/01/06 17 181r.1 19I s 20( I 211111 1 1 1 11 111 1 11 1 `1 1 11 1 I 1 1 1 1 11 1 1 111 11I I I I I �I f6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA - ------------Reserved---------- 671 I 701 ( 71 J 72 J 73 J 74 751 1 I 1 1 _1__U80 Section B:Facility Data 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) 01:00PM 15/01/06 13/08/01 133 Upper Brush Creek Road Exit Time/Date permit Expiration Date 133 Upper Brush Creek Rd 03:OOPM 15/01/06 18/07/31 Fletcher NC 28732 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Scott A Jones,PO Box 244 Fairview NC 287300244//828-628-2001/ Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit ■Operations&Maintenance Self-Monitoring Program ® Facility Site Review Effluent/Receiving Waters 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 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 CNCG551075 DES yr/mo/day Inspection Type 1 (Cont.) 3 1 12 15/01/06 17 18 1,1 l Section D:Summary o inding/Comments(Attach additional�I sheets of narrative and checklists as necessary) The inspector met onsite with William Taylor, Sco t Jones, Dan Harper, Ronald Hudgins and Tom Aley. Tim Heim with DWR was also prese This permit was applied for in August 2000 and perm t N G55 175 was issued in September 2000 to William Taylor. The property has been subdivided into o par ne parcel remains under the ownership of Mr. Taylor,the other is owned by the Fairview Fire Department.The parcel owned by the Fire Department is where the wastewater system is located. The system was recently installed with a tie in for Mr. Taylors property from which this parcel was separated. An ownership change form was submitted to DWR by both parties(January 2015) and the permit owner now reflects the Fairview Fire Department. Several handouts on operation and maintenance of this type of wastewater system were given to Mr. Scott for reference. - Upon inspection the system appears to have been installed according to permit condition which currently requires de-chlorination following chlorination.There were two areas that need attention;the de-chlorination unit needs a lid and there were sinkholes/settling that nee"to be repaired immediately. It is important that runoff water is shed away from this system. Also to protect the effluent pipe wing wall there was an area of sloughing beginning at the top of the streambank just upstream of the wing wall. Page# 2 Permit: NCG551075 Owner-Facility: 133 Upper Brush Creek Road Inspection Date: 01/06/2015 Inspection Type: Compliance Evaluation Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? e ❑ ❑ El Does the facility analyze process control parameters, for ex: MLSS, MCRT,Settleable ❑ ❑ ® ❑ Solids, pH, DO, Sludge Judge,and other that,are applicable? Comment: The system is newly installed.There are areas where the land has settled/sunk around the components that will need to be filled and re-graded. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ ❑ application? Is the facility as described in the permit? 0 ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ❑ ■ ❑ Is access to the plant site restricted to the general public? ❑ ❑ M ❑ Is the inspector granted access to all areas for inspection? M ❑ ❑ ❑ Comment: The permit currently is held by Billy Taylor. However,the system is on a parcel owned by the Fairview Fire Department.An ownership change form has been sent to Mr. Taylor and the Fairview Fire Department: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ❑ ❑ ❑ Are the tablets the proper size and type? ❑ ❑ ,❑ Number of tubes in use? 2 Is the level of chlorine residual acceptable? ❑ ❑ ❑ ■ Is the contact chamber free of growth, or sludge buildup? M ❑ ❑ ❑ Is there chlorine,residual prior to de-chlorination ❑ ❑ ❑ ■ Comment: There was some soil residual in the bottom of the chamber likely from construction activities. De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ ❑ ■ ❑ Is storage appropriate for cylinders? ❑ ❑ M ❑ #Is de-chlorination substance stored away from chlorine containers? ❑ ❑ ❑ Are the tablets the proper size and type? ® ❑ ❑ ❑ Comment: Information on the proper type of chlorination and de-chlorination tablets to be used was given to the Fairview Fire Dept. representative, along with other helpful resource material. Are tablet de-chlorinators operational? ® ❑ ❑ ❑ Page# 3 Permit: NCG551075 Owner-Facility: 133 Upper Brush Creek Road Inspection Date: 01/06/2015 Inspection Type: Compliance Evaluation De-chlorination Yes No NA NE Number of tubes in use? 2 Comment: There were also some residuals at bottom of this chamber, likewise probably from construction activities. A lid was not present on this component it is essential that a lid be placed on the de-chlorination system. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ❑ ❑ ® ❑ Is sample collected below all treatment units? ❑ ❑ ❑ Is proper volume collected? ❑ ❑ ❑ Is the tubing clean? ❑ ❑ ® ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees ❑ ❑ ❑ ■ Celsius)? Is the facility sampling performed as required by the permit(frequency,sampling type ❑ ❑ ❑ representative)? Comment: This system is not in operation vet therefore samples have not been obtained. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ® ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ® ❑ Comment: The effluent pipe has a valve/flap to prevent backup of river water during elevated flows/storm events. An area at the top of the streambank adjacent to the wing wall indicated destabilization, Arobablv from construction of the wing wall; this needs to be stabilized to avoid further 'erosion and possibly compromising the wing wall. Page# 4 4• an�r North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary January 26,2015 David Kachman Martha Kachman 35 Bran Rick Lane Arden,NC 28704 Subject: Asheville Airport Well Receptor Survey Dear Mr. and Mrs.Kachman, The North Carolina Division of Water Resources is conducting a review of private water supply wells located in close proximity to a coal combustion byproduct (CCB) structural fill currently under construction at the Asheville Regional Airport in Buncombe County. The Division would like permission to sample you water supply well(s) for dissolved metals in order to establish a baseline or reference point for local groundwater quality. The request to sample your water supply well is strictly a precautionary measure.The CCB structural fill project utilizes an impervious liner and a leachate collection system to protect the environment.There is no evidence that coal ash is impacting the quality of your drinking water. There is no cost associated with the water sample analysis.A copy of the analytical results will be provided to you. Please contact me at (828) 296-4681 or brett.laverty@ncdenr.gov to schedule an appointment. I would appreciate your prompt attention to this matter. Sincerely, Brett Laverty Water Quality feggionalOperations Asheville Regional Office 1636 Mail Service Center,Raleigh,North Carolina 27699-1636 Phone:919-807-64641 Internet:http://www.ncwater,org An Equal Opportunity\Affirmative Action Employer-Made in part by recycled paper NENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 26, 2015 Jeffery Eaton Elizabeth Roach 31 Bran Rick Lane Arden, NC 28704 RE: Sample ID: (AC13337&92219660) Sample Location: 31 Bran Rick Lane Buncombe County,NC Dear Mr. Eaton and Ms. Roach, Please find attached the analytical results for a water sample collected from your water supply well located at the address referenced above, on October 1, 2014. The samples were analyzed for thallium, sulfate,and various metals.Your water supply well was chosen for sampling due to its proximity to a coal ash structural fill currently being constructed at the Asheville Regional Airport.The collection of water samples is a routine matter and not an indication of impacts to local drinking water supplies. The following table summarizes the attached analytical results. Please note that the bolded values indicate levels above the NC Groundwater Standard, 15A NCAC 2L.0202.The results are shown in units of micrograms of contaminant per liter of water and is approximately equivalent to part per billion (ppb). Moll =G�p� R•' ��" �C H-. t° 4 :F F }'' 'U E �r+," V �-v u. 5YsM,/ Calcium 3,800 Chloride 250,000 1,300 Copper 1,300 1,000 13 Iron 300 6,800 Magnesium 1,000 Manganese 50 29 Potassium 1,300 Sodium 4,400 Zinc 1,000 11 1636 Mail Service Center,Raleigh,North Carolina 27699-1636 Phone:919-807-64641 Internet:http:/Iwww.ncwater.org An Equal Opportunity 1 Affirmative Action Employer—Made in part by recycled paper Jeffery Eaton&Elizabeth Roach January 26,2015 Page 2 of 2 Because constituents were detected in your water sample above the applicable standard, a Health Risk Evaluation (HRE) of the water supply was performed by our toxicologist, Dr. Ken Rudo.The HRE,which is enclosed,makes specific recommendations for use of your water based on these results. The remaining constituents in your drinking water are typical for groundwater quality in Western North Carolina. I have taken the liberty of including a fact sheet on iron-in-groundwater for your review. If you have any questions concerning the Health Risk Evaluation, please contact Dr. Ken Rudo at(919) 707-5911. If you have any additional questions or concerns,please contact me at (828) 296-4681 or brett.laverty ncdenr.gov. Sincerely, Brett LtrtyWater egional Operations Asheville Regional Office Attachments: Health Risk Evaluation by Dr.Ken Rudo DWR laboratory analytical results Pace Analytical laboratory analytical results NC Cooperative Extension Service fact sheet-Iron and Manganese in Household Water Cc: file Buncombe County Health Department BUNCOMBE Sample ID: AC13337 Basin PO Number# 14GO394 :port To AROAP v3 r� Date Received: 10/0312014 �I Time Received: 07:60 actor: B LAVERTY r Labworks LoginlD TASCENZ01 Region: AROAP Final Report Date: 10/27/14 Sample Matrix: GROUNDWATER Loa Type: RhAl R666 Report Print Date: 11/12/2014 Emergency.Yes/No VisitlD COC Yes/No Loc.Descr.: 31 BRAN RICK LANE ARDEN Location ID: IP1131BRANRICK Collect Date: 10/01/2014 Collect Time: 03:41 Sample Depth If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory,purposes. CAS# Analyte Name PQL Result/ Units Method Analysis Validated by Qualifier Reference Date LAB Sample temperature at receipt by lab 3.2 °C 10/3/14 MSWIFT WET 7429-90-5 Ion Chromatography _TITLE_ mg/L EPA 300.0 rev2.1 10/16/14 MOVERMAN Chloride 1.0 1.3 mg/L EPA 300.0 rev2.1 10/16/14 MOVERMAN Fluoride 0.4 0.4 U mg/L EPA 300.0 rev2.1 10/16/14 MOVERMAN Sulfate 2.0 2.0U mg/L EPA 300.0 rev2.1 10/16/14 MOVERMAN Bromide 1.0 1.0 U mg/L EPA 300.0 rev2.1 10/16/14 MOVERMAN MET 7440-22-4 Ag by ICPMS 1.0 1.0 U ug(L EPA 200.8 10/14/14 ESTAFFORDI JJO-5 Al by ICP 50 50 U_ ug/L EPA 200.7 10/10114 ESTAFFORD1 7446-38-2 AS by ICPMS 2.0 2.0 U ug/L EPA200.8 10/14/14 ESTAFFORDI 7429-90-5' B by ICP 50 50 U ug/L EPA 200.7 10/13/14 ESTAFFORDI 7440-38-3 Ba by ICP. 10 10 U ug/L EPA 200.7 10/10/14 ESTAFFORDI 7440-70-2 Ca by ICP 0.10 3.8 mg/L EPA 200.7 10/10/14 ESTAFFORD1 7440-43-9 Cd by ICPMS 0.50 0.60 U ug/L EPA200.8 10/14/14 ESTAFFORD1 7440-47-3 Cr by ICPMS 10 IOU ug/L EPA 200.8 10/14/14 ESTAFFORDI 7440-50-8 Cu by ICPMS 2.0 13 ug/L EPA200.8 10/14/14 ESTAFFORDI 7439-89-6 Fe by ICP 50 6800 ug/L EPA 200.7 10/10/14 ESTAFFORDI 7439-97-6 Hg 245.1 0.2 0.20 U ug/L EPA245.1 10/10/14 ESTAFFORDI 7440-09-7 K by ICP 0.10 1.3 mg/L EPA 200.7 10/10/14 ESTAFFORD1 7439-95-4 Mg by ICP 0.10 1.0 mg/L EPA 200.7 10/10/14 ESTAFFORDI 7439-96-5 Mn by ICP 10 29 ug/L EPA200.7 10/10/14 ESTAFFORD1 7440-23-5 Na by ICP 0.10 4.4 mg/L EPA 200.7 10/10/14 ESTAFFORDI 7440-02-0 Ni by ICPMS 2.0 2.0 U ug/L EPA200.8 10/14/14 ESTAFFORDI 7439-92-1 Pb by ICPMS 2.0 2.0 U ug/L EPA200.8 10/14/14 ESTAFFORDI 7782-49-2 Se by ICPMS 5.0 5.0 U ug/L EPA200.8 10/14/14 ESTAFFOR61 7440-66-6 Zn by ICPMS 10 11 ug/L EPA 200.8 10/14/14 ESTAFFORDI Laboratory Section>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 For a detailed description of the qualifier codes refer to htm.11..eu_r..,al;awen,F,,orpa..•eq/wq�at,(„�g„fio[rech�;tccKoa a.r;�aiiArr„c�i,=..,<hep;(,!„ti;.,rtal,nctienr,;o;.plv_reh[wg[4R!?Ls;arnfio[tecnastist� Page 1 of 1 Pace Analytical Services,Inc. laoeA*�O 2225 Riverside Dr. Asheville,NC 28804 tv.pacefabs.c= (828)254-7176 ANALYTICAL RESULTS Project: Asheville Airport CCB Area 3 Pace Project No.: 92219660 Sample: 31 Bran Rick Lane Lab ID: 92219660003 Collected: 10/01/14 15:41 Received: 10/02/14 09:22 Matrix:Water Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual 200.8 MET ICPMS Analytical Method:EPA 200.8 Preparation Method:EPA 200.8 Thallium ND ug/L 0.10 1 10/08/14 14:52 10/10/14 16:02 7440-28-0 j REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:10/15/2014 12:46 PM without the written consent of Pace Analytical Services,Inc.. Page 6 of 11 -3/2015 00:36 9198704807 OEEB MERA PAGE 03105 North Carolim Division of Public Health ()ccupational and Ilnviroormental Epidemiology Branch,Bpidadology Section IIw OI ,iGAMC CHI A'IICAL ANALYSIS REPORT Priv,.w wall water lnforamthm and rcc+aranmendatiane County- Name,_ �"'�°+^ - --Sample Id Numbe�r Location: Reviewer ANALYSIS RlL1RT Your well water was tested for l: metals,plus nitrates,nitrites,and pn The results were evaluated using the federal�water st=daxds. The pff is a measure of the acidity of the waft. Drinking water may contain substances that can ocom naturally in water or can be introduced into the water from momade sources. 'EST ;CULTS AND USE RECOMMENDATIONS your well water meeets fede -al drid*water standards. Your water can be used for&taking,cooping, washing, cleaning,bathing„and s:iowering. The follt►riting substance(s) ;s.Xceeded federal&hj water s dards. Your water can be used for drinkng,cookingo washing,clm:. bating,and showering,but aesthetic probleuas such as bad taste,-odor, staining of porcelain,etc.may oc:ur, You may want to install a bousehold water treatment system to address aesthetic problems. Biarium Ca .,mum Chr4tdi Fluoride Iran M esium man sae Set!�niin►n Sever Sodiwu Zinc The following substances) !,xceeded federal drinking water standards. We recommend that your well water not be used for drirOng an cooking,unless you install a water treatment system to remove tlYEr circled substance(s). However,it may be used for wvashing,cleaning,berthing and showering. AraeniaI sari m C tmium + lu+omivau ie Lead esium Ma anew Mercury IitrateJNi iate seleniumTsilver� Scdi� 11nem Rv-sampling is mcommanr'J in months. Re-sample,for lead and/or :upper.. 'fake a first draw,5 minute,and 15 minute sample inside the house (preferably the kitchen)and if po isible a first draw,5 minute and a 15 minute sample at the well head to determine the source of the lead.,:idlor copper. OTHER CONSIVERA 1ONS koutine well water sampling for `.nr above substances is rommmonded avory two to three years. Sample your well water when there is a k :Lown problem or contamination in your area, after repairs or replacement of your well,or after a flooding eve i t. Contact your local health department for sampling instructions. For further information please co itset Your county health department of the Occupations)and Environmental Epidemiology Branch at 919-707-:400, n,wa--a t�xnart. �mt r ��� �_ t RCEFENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 26, 2015 Peter Hall Arunima Dhar 63 Mountain View Drive Arden, NC 28704 Subject: Asheville Airport Well Receptor Survey Dear Mr. Hall and Ms. Dhar, The North Carolina Division of Water Resources is conducting a review of private water supply wells located in close proximity to a coal combustion byproduct (CCB) structural fill currently under construction at the Asheville Regional Airport in Buncombe County. The Division would like permission to sample you water supply well(s) for dissolved metals in order to establish a baseline or reference point for local groundwater quality. The request to sample your water supply well is strictly a precautionary measure. The CCB structural fill project utilizes an impervious liner and a leachate collection system to protect the environment. There is no evidence that coal ash is impacting the quality of your drinking water. There is no cost associated with the water sample analysis.A copy of the analytical results will be provided to you. Please contact meat (828) 296-4681 or brett.lavertyC7ncdenr.gov to schedule an appointment. I would appreciate your prompt attention to this matter. Sincerely, r Brett La erty Water Q ality gional Operations Asheville Re onal Office 1636 Mail Service Center,Raleigh,North Carolina 27699-1636 Phone:91M07-64641 Internet:http:tlwww.ncwater.org An Equal Opportunity 1 Affirmative Action Employer—Made in part by recycled paper 1� ENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 26, 2015 Ms. Kally Dotson White Oak Manor 188 Oscar Justice Road Rutherfordton, North Carolina 28139 Subject: NOTICE OF VIOLATION NOV-2016-LV-0030 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 July 2014 showed the following violation: Parameter Date, Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 07/16/2014 400.000 6,000.000 Daily Maximum Broth,44.5C #/100ml #/100ml 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 Resources 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 828/296-4600. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement WQ Lab & Operations Inc./ORC G:1WRtWQ\Rutherford\Wastenater'bMinorskWhite Oak Manor 3013MOV-2015-W-0030..aoc Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)296.4500 Fax: (828)299-7043 Internet: http://portal,ncdenr.org/web/wq An Equal Opportunity/Affirmative Action Employer 42 YM�) NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary January 26,2015 Sandra K.Turner, Board Liaison North Carolina School for the Deaf at Morganton, Inc.` PO Box 1397 Morganton, NC 28655 Subject: Permit No.WQ0037558 North Carolina School for the Deaf at Morganton Foundation, Inc. North Carolina Senior Deaf and Blind Community Wastewater Collection System Extension Permit Burke County Dear Ms.Turner: In accordance with your application received January 13, 2015, we are forwarding herewith Permit No. WQ0037558 dated January 26, 2015, to the North Carolina School for the Deaf at_Morganton Foundation, Inc. (Permittee) for the construction and operation upon certification 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 shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition 11.1: 'This permit shall not be automatically transferable; a request must be made and approved. 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 Permittee 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 shal'I be final and binding. 2090 U.S.70 Highway,Swannanoa,N628778 Phone:828-296-4500\Internet:www,ncwat'erguality.org An Equal Opportunity\Affirmative Action Employer—Made in part�by recycled paper North Carolina School for the Deaf at Morganton Foundation, Inc. Permit No.WQ0037558 If you need additional information concerning this matter, please contact Tim Heim at(828) 296-4500 or via e-mail at tim.heim@ncdenr.gov. Sincerely, for S.Jay Zimmerman,Acting Director Division of Water Resources, NCDENR by G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDENR cc: L. Allan Hill, P.E.,Triad Design Group (electronic copy) Brad Boris, City of Morganton Asheville Regional Office Files Water Resources Central Files PERCS(electronic copy) G:\WR\WQ\Burke\Collection Systems\Morganton Collection System\Fast Track\WQ0037558.NCSeniorDeafBlind Comm.doc Page 2 of 9 North Carolina School for the Deaf at Morganton Foundation, Inc. Permit No.WQ0037558 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 North Carolina School for the Deaf at Morganton Foundation, Inc. Burke County for the construction and operation of approximately 348 linear feet of 8-inch gravity sewer to serve a proposed 21 unit apartment building containing a total of 30 bedrooms as part of the North Carolina Senior Deaf and Blind Community project, and the discharge of 3,600 gallons per day of collected domestic wastewater into the City of Morganton's existing sewerage system, pursuant to the application received January 13, 2015, 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 limitatio s contained therein. for S.Jay Zimmerman,Acting Director Division of Water Resources, NCDENR By Authority of The Environmental Management Commission Permit Number: WQ0037558 Permit Issued: January 26,2015 Page 3 of 9 SUPPLEMENT TO PERMIT COVER SHEET North Carolina School for the Deaf at Morganton, Inc. 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 City of Morganton's Catawba River Pollution Control Facility in accordance with Permit Number NC0026573. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division's 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 identified below. , 1. 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 mayor may not be approved. [15A NCAC 02T.0104; G.S 143-215.1(d3)] 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'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 materials unless specifically mentioned herein. [15A NCAC 02T.0110] 3.- This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. [15A NCAC 02T.0110] 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: [15A NCAC 02T.0108(b)]: 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. Page 4 of 9 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. Ageneral 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 213 .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. The Permittee shall report by telephone to a water resources staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon,as possible, but in no case more than 24 hours, 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 Page 5 of 9 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. [G.S.143- 215.1C(a1)] 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. [15A NCAC 02T.0108(b)] 7. 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 area, 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 clearon 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 applicable design calculations including pipe and pump sizing, velocity, pump cycle times,and level control settings, pump station buoyancy, wet well storage, surge protection, detention time in the wet well, and force main, ability to flush low points in force mains with a pump cycle, and downstream sewer capacity analysis. If a portable power source or pump is dedicated to multiple stations, an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable power source or pump, include travel timeframes, shall be provided. 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 Page 6 of 9 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.[15A NCAC 02T.0116] 8. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined, a slope variance can be requested from the Division with firm supporting documentation. This shall be done through a permit modification with fee. Such variance requests will be evaluated on a case-by-case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification. [ 15A NCAC 02T.0105(n)] 9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. [15A NCAC 02T.0116] 10. 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. [15A NCAC 02T.0104; 15A NCAC 02T.0108(b-c)] 11. 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. [15A NCAC 02T.0110; 15A NCAC 02T.0108(b)] 12. 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 the Division any other Federal, State, or Local government agencies which have jurisdiction or obtaining other permits which maybe required by the Division or any other Federal, State,of Local government agencies. [G.S. 143-215.1(b)] l Page 7 of 9 Page 8 of 9 FAST TRACK SEWER ENGINEERING CERTIFICATION VERMITTEE: North Carolina School for the Deaf at Morganton Foundation, Inc. PERMIT#: WQ0037558 PROJECT: NORTH CAROLINA SENIOR DEAF AND BLIND COMMUNITY ISSUE DATE: January 26, 2015 This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the Division has received this Certification and all required supporting documentation. It should be submitted in a manner that documents the Division's receipt. Send the required documentation_the Regional Supervisor, Water Quality Regional Operations Section at the address at the bottom. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up until a final certification is received. A Final Certification shall be a complete set of record drawings and design calculations regardless of whether partials have been submitted. 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 as a duly registered Professional En ineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, 0 full time) the construction of the North Carolina Senior Deaf and Blind Community and location as referenced above for the above 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 Resources' (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 w/signature &date: ❑ Final ❑ Partial(include description) ...................................................................... Certification Comments/Qualifiers(attach if necessary): NC,DWR—Water Quality Regional Operations Section 2090 U.S.70 Highway,Swannanoa,NC 28778 Asheville Regional Office Phone: (828)-296-4500 FAX:(828)-299-7043 MIIE North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary January 27, 2015 Thomas J. Roberts, President Aqua North Carolina, Inc. 202 Mackenan Court Cary,NC 27511 SUBJECT: Compliance Sampling Inspection(November 19 &December 2, 2014)Follow Up Bright's Creek Golf Club Permit No: WQ0024694 Polk County Dear Mr. Roberts: Enclosed please find a copy of the Compliance Sampling Inspection Form from the inspection conducted on 1/6/2015. The facility was found to be in compliance with permit WQ0024694. of the issues noted in the Notice of Violation have either been rectified or are in various stages of completion. Please notify me as each of the items is completed. Please refer to the enclosed inspection report for additional observations and comments. The assistance of the AQUA staff was greatly appreciated during the inspection. If you or your staff have any questions,please call me at(828)296-4685. . Sincerely, Beverly Pri Environmental Specialist Enc. cc: Laurie Ison,Area Manager-Western NC w/enc. AQUA North Carolina 4163 Sinclair St. Denver NC 28037 Kenneth Deaver, ORC WQ Central Files WQ Asheville Files G:\WR\WQ\Polk\Wastewater\Non-discharge\Aqua NC(BrighVs Creek Golf Club)\WQ0024694 CEI14 Follow Up.doc Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Internet:http:l/pofal.ncdenr.org/weblwq An Equal Opportunity\Affirmative Action Employer Compliance Inspection Report Permit: WQ0024694 Effective: 01/27/14 Expiration: 12/31/18 Owner: Aqua North Carolina Inc SOC: Effective: Expiration: Facility: Bright's Creek Golf Club County: Polk Regan Jackson Rd Region: Asheville Mill Spring NC 28756 Contact Person: Robert C Ashley Title: Phone: 704-489-9404 Directions to Facility: 1-26 E to Hwy 74 E. Take Mill.Spring Ext(Hwy.108)to intersection of Hwy 9.Turn Ift on 9, next left on Silver Crk Rd for approx.7 mi. Left on Palmer Rd.to guard house-rt on Deep Gap Rd,then rt on Reagon Jackson Rd to WWTP on left System Classifications: SI, WW2, Primary ORC: Kenneth M Deaver Certification: 992372 Phone: 828-289-9380 Secondary ORC(s). Dana A Bixby 990487 704-507-3359 On-Site Representative(s): On-site representative Kenneth M Deaver ' On-site representative Laurie Ison Related Permits: Inspection Date: 01/06/2015 Entry Time: 11:OOAM Exit Time: 12:30PM Primary Inspector: Beverly Price Phone: 828-296-4500 Secondary Inspector(s): Reason for Inspection: Follow-up Inspection Type: Compliance Sampling Permit Inspection Type: Reclaimed Water Facility Status: . Compliant F1 Not Compliant Question Areas: Miscellaneous Questions ® End Use-Reuse (See attachment summary) Page: 1 Permit: WQ0024694 Owner-Facility:Aqua North Carolina Inc Inspection Date: 01/06/2015 Inspection Type:Compliance Sampling Reason for Visit: Follow-up Inspection Summary: This inspection was a follow up to the 11/19/14 and 12/2/14 inspections that were non-compliant. Questions checked NA were addressed in the previous inspection report. NOV-2014-PC-0269 response was received on 1/12/15. a.AQUA has contacted the manufacturer of the UV system and is working with a local distributor to troubleshoot the reason for the UV system not displaying intensity readings, b.AQUA has ordered the parts for repair of the UV.indicator light. c.AQUA is in the process of replacing the entire valve and/or solenoid from the disinfection basin to the 5-day pond. d.AQUA has resolved the tablet chlorinator issue. e.AQUA has resolved the irrigation issue. f.AQUA has requested bids for guide rail replacement in pump#1 at the main pump station. Defective float/wires were disposed from the main pump station. g.AQUA has repaired the eroded areas on the dam of the 5-day pond, AQUA has an Operation&Maintenance Plan that will be given to the operators. AQUA is working with the Spray Irrigation ORC to develope an education program for reclaimed water users. Sample Results: 11/19/14-BOD 2U;TSS 6.2U;Ammonia Nitrogen 0.02U; Fecal Coliform 1400; 11/26/14-Fecal Coliform 1 B2 12/2/14-Fecal Coliform 25 �- Resolution of issues a,b,&d should greatly decrease the potential for effluent to exceed the reclaimed limit for fecal coliform bacteria. Page: 2 Permit: WQ0024694 Owner-Facility:Aqua North Carolina Inc Inspection Date: 01/06/2015 Inspection Type:Compliance Sampling Reason for Visit: Follow-up_ Tvae Yes No NA NE Single Family Spray,'LR ❑ Lagoon Spray,LR Infiltration System ❑ Activated Sludge Spray,HR ❑ Activated Sludge Spray,LR ❑ Recycle/Reuse ❑ Single Family Drip ❑ Activated Sludge Drip,LR ❑ Reuse(Quality) End Use-Reuse Yes No NA NE Is the acreage in the permit being utilized? ❑ ❑ N ❑ Does the acreage specified in the permit correspond to the measured acreage at the site? ❑ ❑ ❑ Are all essential units provided in duplicate? ❑ ❑ M Is an automatically activated standby power source available? ❑ ❑ 0 Is the equalization capacity adequate? ❑ ❑ Is aerated flow equalization present? ❑ ❑ ❑ Has the turbidity meter been calibrated in the last 12 months? ❑ ❑ ■ ❑ Does the turbidity meter have recording capabilities? ❑ ❑ ■ ❑ Is all flow diverted at the appropriate times? ❑ ❑ ■ ❑ Is all upset wastewater diverted from reuse storage unit? ❑ ❑ 0 ❑ Is all upset wastewater treated,retreated,or disposed of acceptably? ❑ ❑ N El Is upset wastewater treated prior to discharge to irrigation storage? ❑ ❑ 0 ❑ Is public access restricted from irrigation area during active site use? ❑ ❑ ■ ❑ If golf course,is a sign posted in plain sight on the club house? ❑ ❑ 0 ❑ Is the cover crop acceptable? ❑ ❑ ❑ Are buffers adequate? e ❑ ❑ ❑ Is the site free of ponding/runoff? ® ❑ ❑ El Is the acreage in the permit being utilized? ❑ ❑ ® ❑ Is the application equipment acceptable? ❑ ❑ ❑ Is the application area free of limiting slopes? ❑ ❑ ❑ How close is the closest water supply well? ❑ ❑ ❑ Are any supply wells within the CB? ■ ❑ ❑ ❑ Are any supply wells within 250' of the CB? ❑ ❑ ❑ Is municipal water available in the area? ❑ ❑ M ❑ Page: 3 - Permit: WQ0024694 Owner-Facility:Aqua North Carolina Inc Inspection Date: 01/06/2015 Inspection Type:Compliance Sampling Reason for Visit: Follow-up Are GW monitoring.wells required? El El E ❑ Are GW monitoring wells located properly w/respect to RB and CB? Are GW monitoring wells properly constructed,including screened interval? Q ® ❑ Comment: Page: 4 4 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 27, 2015 Mr. Matthew Velker The Mountain Retreat& Learning Center P.O. Box 1299 Highlands, North Carolina 28741-1299 Subject: NOTICE OF VIOLATION NOV-2016-MV-0004 Permit No. NCO061123 The Mountain Retreat& Learning Center WWTP Macon County Dear Mr. Velker: A review of The Mountain Retreat& Learning CenterWWTP's monitoring report for July 2014 showed the following violation: Parameter Date Measuring Frequency Violation Surfactants (MBAS) 07/31/2014 Monthly Failure to Monitor If the above parameter was 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, if not already implemented, should be taken to correct any problem. The Division of Water Resources 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, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement Environmental I.nc./ORC G:\WR\WQiMaconlLtlastewaterliMinors\Mountain Retreat 61 M NOV-2015•M1V-0004Aec Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)2964500 Fax: (828)299-7043 Internet: http:#portal.nodenr.org/web/wq An Equal Opportunity/Affirmative Action Employer i MCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 27, 2015 President,Riverwind HOA, Inc. Riverwind Homeowners Association, Inca 30 Riverwind Drive Hendersonville, North Carolina 28739 Subject: NOTICE OF VIOLATION NOV-2015-LV-0031 Permit No. NCO076708 Riverwind Mobile Home Park WWTP Henderson County Dear Riverwind HOA: A review of Riverwind Mobile Home Park's WWTP monitoring report for July 2014 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 7/30/2014 400.000 649.000#/100ml Daily Maximum Broth,44.5C #/100ml 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 Resources 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 828/296-4600. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement Goldie &Associates/ORC G:\WRIVVQ\HendersoniWast&,eater\Minors\Rive wind HOA'o70a\t,10V-2015-LV_0031:doc Water Quality Regional Operations-Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)2964500 Fax: (828)299-7043 Internet: http://portal.ncdenr.org/web/wq An Equal Opportunity/Affirmative Action Employer '�__:% _ \ T - _, __ --- - - --- SKI CD►ENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 27, 2015 Mr. Matthew Velker The Mountain Retreat & Learning Center P.O. Box 1299 Highlands, North Carolina 28741-1299 Subject: NOTICE OF VIOLATION NOV-2015-MV-0006 Permit No. NCO061123 The Mountain Retreat& Learning Center WWTP Macon County Dear Mr. Velker: A review of The Mountain Retreat& Learning Center WWTP's monitoring report for August 2014 showed the following violation: Parameter Date Measuring Frequency Violation Chlorine, Total Residual 08/09/2014 2 X week Failure to Monitor If the above parameter was 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 Resources 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, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement Environmental Inc./ORC G:kWR\WQ\MecontWastewater\Minors\Mountain Retreat 611231NOV-2015-MV-0005.doc Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)296-4500 Fax: (828)299-7043 Internet: http://portal.nedenr,org/web/wq An Equal Opportunity/Affirmative Action Employer A4 NR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 27, 2015 Ms. Susan Glenn P.O. Box 1770 Blowing Rock, North Carolina 28605 Subject: NOTICE OF VIOLATION NOV-2016-MV-0006 Permit No. NCO055611 Blackberry Sewer System WWTP Caldwell County Dear Ms. Glenn: A review of Blackberry Sewer System's WWTP monitoring report for July 2014 showed the following violations: - Parameter Date Measuring Frequency Violation DO, Oxygen, Dissolved 07/05/2014 Weekly Failure to Monitor DO, Oxygen, Dissolved 07/12/2014 Weekly Failure to Monitor DO, Oxygen,Dissolved 07/19/2014 Weekly Failure to Monitor FIDO, Oxygen, Dissolved 07/26/2014 Weekly 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 parameter was 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 Resources 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 828/296-4600. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement WQ Lab & Operations/ORC fo:1VVR\WQiCaldwe115WastewaterlMinors\Blackberry Ridge 5561"NOV-2015-MV-0006.doc Water Quality Regional Operations—Asheville Regional Office 2090 U:S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)2964500 Fax: (828)299-7043 Internet: http://portal.ncdenr.org/web/wq An Equal Opportunity/Affirmative Action Employer '��) '�� 1 4'• North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 27, 2015 Ms. Susan Glenn P.O. Box 1770 Blowing Rock, North Carolina 28605 Subject: NOTICE OF VIOLATION NOV-2015-LV-0033 Permit No. NCO055611 Blackberry Sewer System WWTP Caldwell County Dear Ms. Glenn: A review of Blackberry Sewer System's WWTP monitoring report for August 2014 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 08/20/2014 400.000 800.000#/100ml Daily Maximum Broth,44.5C #/100ml 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 Resources may pursue enforcement action forthis 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, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement WQ Lab &Operations/ORC G:tWR\INQ\Caldwell\Wastewater\Minors\Blackberry Ridge 5561",NOV-2015-LV-0033.d0G Water Quality Regional Operations—Asheville Regional Office 2090 U.S,Highway 70,Swannanoa,North Carolina 28778 Phone: (828)2964500 Fax: (828)299-7043 Internet: http://portal,ncdenr.org/web/wq An Equal Opportunity/Affirmative ActionEmployer ��1 �. .i .� Ir NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 27, 2015 Ms. Susan Glenn P.O. Box 1770 Blowing Rock, North Carolina 28605 Subject: Notice of Deficiency NOD-2016-MV-0006 Permit No. NC0055611 Blackberry Sewer System WWTP Caldwell County Dear Ms. Glenn: A review of Blackberry Sewer System's WWTP monitoring report for May 2014 showed the following violation: Parameter Date Measuring Frequency Violation DO, Oxygen, Dissolved 05/31/2014 Weekly 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 parameter was 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 Resources 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, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement WQ Lab & Operations/ORC G:;NIR;W41Caldw�lil'rlasisr ater\Minors![3lackberry Ridce 5561`1N0D-2075aMV-0005.doc Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)296-4500 Fax: (828)299-7043 Internet: hUp://portal,nedenr.org/web/wq An Equal Opportunity/Affirmative Action Employer AL NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary January 28, 2015 Mr. David Cull Cullasaja Homeowners' Association Inc. 1371 Cullasaja Club Drive Highlands,NC 28741 SUBJECT: Compliance Evaluation Inspection Cullasaja HOA Inc. WWTP Permit No: NCO064416 Jackson County Dear Mr.Cull: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on 12/10/201.4. No violations of permit requirements or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions,please call me at 828-296-4500. sincerely, Jeff Menzel Environmental Specialist cc: Mark Fredrick Teague, ORC MSC 1617-Central Files-Basement Asheville Files --Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Internet:http:l/portal.ncdenr.org/web/wq An Equal Opportunity\Affirmative Action Employer G:\WR\WQ\JacksonlwastewateAMinors\Cullasaja HOA 64416164416 CEI 2014.doc United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 15 1 3 I NCO064416 (11 12 14/12/10 17 18 191 G 1 20 H 211L1 1 1 1 1 1 1 1 1 11 1 1 1 I I 1 1 1 1 I I I I I 1 1 1 1 1 1 1 1 1 1 1 =1 1 1 1 1 166 Inspection Work Days I Facility Self-Monitoring Evaluation Rating B1 QA -- — —— Reserved--------- 671 I 70 L_j 71 ' f 72 L N G 731 I 174 751 I ' 111 � �80 Section B:Facility Data J 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) 12:30PM 14/12/10 12/12/01 Cullasaja WWTP Exit Time/Date Permit Expiration Date 1371 Cullasaja Club Dr 01:00PM 14/12/10 17/08/31 Highlands NC 28741 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Brandon Keith Buchanan/ORC/828-586-5588/ Mark Fredrick Teague/ORC/828-293-9396/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Gary Clark,1371 Cullasaja Dr Highlands NC 287411/828-529-2190/8285262163 - Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Flow Measurement ® Operations&Maintenance ® Records/Reports ® Facility Site Review ® Effluent/Receiving Waters 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 r% Date Jeff Menzel ARO WQ//828-296-4500/ 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 (Cont.) 3I NCO064416 I11 12I 14/12/10 117 18 1 C Section D:Summary of Finding/Comments(Attach additional sheetsof narrative and checklists as necessary) This development consists of—285 homes, golf course, community clubhouse and restaurant. WWTP type:0.150 MGD dual-train, activated sludge WWTP with: dual aeration basins; dual clarifiers with sludge return; aerobic digestors; multi-media(sand&anthracite)tertiary filters; five-day effluent holding pond;tablet chlorinator; chlorine contact chamber; tablet dechlorinator; and emergency standby generator. No violations of permit requirements or applicable regulations were observed during this inspection. Page# 2 Permit: NCO064416 Owner-Facility: Cullasaja WWTP Inspection Date: 12/10/2014 Inspection Type: Compliance Evaluation Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable ® ❑ ❑ ❑ Solids, pH, DO,Sludge Judge,and other that are applicable? Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical El Are the bars adequately screening debris? ® ,❑ ❑ ❑ Is the screen free of excessive debris? ® ❑ ❑ ❑ Is disposal of screening in compliance? ■ ❑ ❑ El Is the unit in good condition? ® ❑ ❑ ❑ Comment: Aeration Basins Yes No NA NE Mode of operation - Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ® ❑ ❑ ❑ Are surface aerators and mixers operational? ❑ ❑ ® ❑ Are the diffusers operational? ® ❑ ❑ ❑ Is the foam the proper color for the treatment process? ® ❑ ❑ ❑ Does the foam cover less than 25%of the basin's surface? ® ❑ ❑ ❑ Is the DO level acceptable? ❑ ❑ ❑ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ® ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ® ❑ ❑ ❑ Are weirs level? ® ❑ ❑ ❑ Is the site free of weir blockage? ® ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ® ❑ ❑ ❑ Page# 3 Permit: NC0064416 Owner-Facility: Cullasaja VWVfP Inspection Date: 12/10/2014 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is scum removal adequate? ® ❑ ❑ ❑ Is the site free of excessive floating sludge? ® ❑ ❑ ❑ Is the drive unit operational? ® ❑ ❑ ❑ Is the return rate acceptable(low turbulence)? ® ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ® ❑ ❑ ❑ Is the sludge blanket level acceptable?(Approximately%<of the sidewall depth) ® ❑ ❑ ❑ Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ® ❑ ❑ ❑ Are the tablets the proper size and type? ® ❑ ❑ ❑ Number of tubes in use? 1 Is the level of chlorine residual acceptable? ❑ ❑ ❑ Is the contact chamber free of growth,or sludge buildup? ® ❑ ❑ ❑ Is there chlorine residual prior to de-chlorination? ❑ ❑ ❑ Comment: f" Page# 4 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary January 28, 2015 Bud Smith Wade Hampton Property Owners Association PO Box 2286 Cashiers NC 28717-2286 SUBJECT: Compliance Evaluation Inspection Wade Hampton Golf Club WWTP Permit No: NCO062553 Jackson County Dear Mr. Smith: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on 12/10/2014. No violations of permit requirements or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions,please call me at 828-296-4500. __.sincerely, Jeff Menzel Environmental Specialist cc: Mark Fredrick Teague, ORC MSC 1617-Central Files-Basement Asheville Files 4ater Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Internet:http:llportal.ncdenr.org/weblwq An Equal Opportunity 1 Affirmative Action Employer G:IWRIWQIJacksonlWastewater MinorslWade Hampton Golf Club 62553162553 CEI 2014.doc \\ 1 �,_ �! United States Environmental Protection Agency Form Approved. EPA /� Washington,D.C.20460 OMB No.2040-0057 I�/'1 Water Compliance Inspection Report Approval expires8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day, Inspection Type Inspector Fac Type 1 IN I 2 [5 ' 3 I NC0062553 I11 12 14/12/10 17 18 I'll 19 I G I 20I 211111 11 1 11 111 1 1 1 1 1 1 11 111 1 1 1 1 1 11 1 1Ll I I 1 1166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA -----------------Reserved----------- 67 70[,- 71 itJ 72 -N 731 I 74 751 1 I 1 I ILL' Il80 Section B:Facility Data 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) 10:40AM 14/12/10 12/09/01 Wade Hampton Golf Club WWTP Exit Time/Date Permit Expiration Date NC Hwy 107 11:15AM 14/12/10 17/08/31 Cashiers NC 28717 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Mark Fredrick Teague/ORC/828-293-9396/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Bud Smith,PO Box 2286 Cashiers NC 287172286//828-743-9895/ - Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) ® Operations&Maintenance . Facility Site Review ® Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspeetor(s) Agency/Office/Phone and Fax Numbers Date Jeff, Menzel ARO WQ//828-296-4500/ 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 ydmo/day Inspection Type (Cont.) 1 31 NCO062553 I11 12 14/12/10 17 18 I C Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) There are approximately 125 homes and a golf club house(without a restaurant) connected to the system. There are 7 small and 2 main lift stations. This facility is a 0.125 MGD wastewater plant with a 100,000 gallon aeration basin; 20,500 gallon clarifier with sludge return; 14,900 gallon aerobic digestor; dual blowers, with 225 cfm each;tablet chlorinator; chlorine contact chamber;tablet dechlorinator; dechlorination chamber;recording& totalizer flow meter;and composite sampler. The bar screen was taken out as the housing had become rusted out.The pump stations feeding this plant are equipped with grinder pumps so larger solids and plastics entering the plant should be limited. The solids entering the plant should be monitored and dealt with accordingly so they do not disrupt treatment. The effluent pipe runs from a 6"to a 4"pipe which during heavy flow has a tendency to back up and flood the chlorine/sampling building. This bottleneck in the effluent line should be upgraded to a 6"to prevent this problem. Page# 2 Permit: NCO062553 Owner-Facility: Wade Hampton Golf Club WWTP Inspection Date: 12/10/2014 Inspection Type: Compliance Evaluation Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable ® ❑ ❑ ❑ Solids, pH, DO', Sludge Judge, and other that are applicable? Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechan ical El Are the bars adequately screening debris? ❑ ® ❑ ❑ Is the screen free of excessive debris? ❑ . ❑ Is disposal of screening in compliance? ❑ ® ❑ ❑ Is the unit in good condition? ❑ ® ❑ ❑ Comment: The bar screen was taken out as its housing had become rusted out.The pump stations feeding this plant are equipped with grinder pumps so larger solids and plastics entering the plant should be limited.The solids entering the plant should be monitored and dealt with accordingly so they do not disrupt treatment. Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ® ❑ ❑ ❑ Are surface aerators and mixers operational? ❑ ❑ ® ❑ Are the diffusers operational? ® ❑ ❑ ❑ Is the foam the proper color for the treatment process? 0 ❑ ❑ ❑ Does the foam cover less than 25%of the basin's surface? ® ❑ ❑ ❑ Is the DO level acceptable? ❑ ❑ ❑ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ Comment: Standby Power Yes No NA NE Is automatically activated standby power available? ■ ❑ ❑ ❑ Is the generator tested by interrupting primary power source? ■ ❑ ❑ ❑ Is the generator tested under load? ■ ❑ ❑ ❑ Page# 3 Permit: NC0062553 Owner-Facility: wade Hampton Golf Club WWTP Inspection Date: 12/10/2014 Inspection Type: Compliance Evaluation Standby Power Yes No NA NE Was generator tested&operational during the inspection? ❑ ® ❑ ❑ Do the generator(s)have adequate capacity to operate the entire wastewater site? ® ❑ ❑ ❑ Is there an emergency agreement with a fuel vendor for extended run on back-up power? ® ❑ ❑ ❑ Is the generator fuel level monitored? ® ❑ ❑ ❑ Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ® ❑ ❑ ❑ Are the tablets the proper size and type? ® ❑ ❑ ❑ Number of tubes in use? 1 Is the level of chlorine residual acceptable? ® ❑ ❑ El Is the contact chamber free of growth, or sludge buildup? ® ❑ ❑ ❑ Is there chlorine residual prior to de-chlorination? ❑ ❑ ❑ Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ® ❑ ❑ ❑Are the receiving water free of foam other than trace amounts and other debris? ® ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ® ❑ Comment: The effluent pipe runs from a 6"to a 4"pipe which during heavy flow has a tendency to back up and flood the chlorine/sampling building.This bottleneck in the effluent line should be upgraded to a 6"pipe to prevent this problem. Page# 4 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary January 28,2015 John Impagliatelli Wildcat Community Services Inc Birchwood Dr Highlands NC 28741 SUBJECT: Compliance Evaluation Inspection Wildcat Cliffs WWTP Permit No: NCO075612 Macon County Dear Mr. Impagliatelli: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on 12/10/2014. No violations of permit requirements or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions,please call meat 828-296-4500. Sincerely, Jeff Menzel Environmental Specialist cc: Mark Fredrick Teague, ORC MSC 1617-Central Files-Basement Asheville Files Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-2964500 FAX:828-299-7043 Internet:http://portal.ncdenr.org/web/wq An Equal Opportunity 1 Affirmative Action Employer G:1WRIWQIMaconlWastewaterlMinorslWildcat Cliffs 75612175612 CEI 2014.doc /� United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance, Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(Le.;PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 LJ 2 LJ 3 ( NCO075612 111 12' 14/12/19 17 181,1 19 1 s l 20 L 211111 I I I I I I II 11 I I I I - I I I I I I I I I I I I I I I I I II 11 1 I 1 166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -----------Reserved------------ 67 1 � 70 I I 71 I I 72 1 NJ 731 _I 174 751 I I I I I I I80 L_I Section B:Facility Data t_1 I 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) 11:30AM 14/12/10 12/12/01 Wildcat Cliffs WWTP Birchwood Dr Exit Time/Date Permit Expiration Date Highlands NC 28741 12:OOPM 14/12/10 17/11/30 Name(s)of Onsite Representative(s)/Tities(s)/Phone and Fax Number(s) Other Facility Data Brandon Keith Buchanan/ORC/828-586-5588/ Mark Fredrick Teague/ORC/828-293-9396/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted John Impagliatelli,Birchwood Dr Highlands NC 28741//828-526-2166/ Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) ® Operations&Maintenance ® Facility Site Review ® Effluent/Receiving Waters 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 Jeff Menzel ARO WQ//828-296-4500/ / l� 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 (font.) 31 NCO075612 2 14/12/10 17 18 I C Section D:Summary of Finding/Comments(Attach additionalsheets of narrative and checklists as necessary) 0.05 MGD extended aeration WWTP consisting of two package plants. One plant(plant#1) is the oldest plant. The second plant(plant#2)was installed parallel to#plant 1, in 2001.The treatment units are: influent bar screen;flow equalization basins;splitter box with slide gate;aeration basins;clarifiers with sludge returns; anthracite and sand tertiary filters; aerobic digestors;tablet chlorinator, chlorine contact chambers;tablet de-chlorination unit; Sigma 900 refrigerated composite sampler; and emergency standby generator. At the time of inspection plant#1 was off line and is slated to get an overhaul sometime this winter. No violations of permit requirements or applicable regulations were observed during this inspection. Page# 2 Permit: NCO075612 Owner-Facility: Wildcat Cliffs WVVrP Inspection Date: 12/10/2014 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable ® ❑ ❑ ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ® ❑ ❑ ❑ Are surface aerators and mixers operational? ❑ ❑ ■ El Are the diffusers operational? ® ❑ ❑ ❑ Is the foam the proper color for the treatment process? ® ❑ -❑ ❑ Does the foam cover less than 25%of the basin's surface? ® ❑ ❑ ❑ Is the DO level acceptable? ❑ ❑ ❑ ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ® ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ® ❑ Are weirs level? ® ❑ ❑ ❑ Is the site free of weir blockage? ® ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ® ❑ ❑ ❑ Is scum removal adequate? ■ ❑ ❑ ❑ Is the site free of excessive floating sludge? ® ❑ ❑ ❑ Is the drive unit operational? . ❑ ❑ ® ❑ Is the return rate acceptable(low turbulence)? ® ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ® ❑ ❑ ❑ Is the sludge blanket level acceptable?(Approximately%<of the sidewall depth) ® ❑ ❑ ❑ Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ® ❑ ❑ ❑ Page# 3 Permit: NC0075612 Owner-Facility: Wildcat CliffsWWTP Inspection Data: 12/10/2014 Inspection Type: Compliance Evaluation Disinfection-Tablet Yes No NA NE Are the tablets the proper size and type? ® ❑ ❑ ❑ Number of tubes in use? 1 Is the level of chlorine residual acceptable? ❑ ❑ ❑ Is the contact chamber free of growth,or sludge buildup? ® ❑ ❑ ❑ Is there chlorine residual prior to de-chlorination? ❑ ❑ ❑ Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ® ❑ ❑' ❑ Are the receiving water free of foam other than trace amounts and other debris? ® ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ® ❑ ❑ ❑ Comment: Page# 4 44 NCDENR North Carolina Department of Environment and Natural Resources 'Pat McCrory Donald R.van der Vaart Governor Secretary January 28, 2015 Mr. Robert A Nass Skyline Lodge&Village PO Box 529 Deland, FL 32721-0529 SUBJECT: Compliance Evaluation Inspection Skyline Lodge WWTP Permit No: NCO036692 Macon County Dear Mr.Nass: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on 12/10/2014. No violations of permit requirements or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions,please call me at 828-296-4500. Sincerely, Jeff Menzel Environmental Specialist cc: Mark Fredrick Teague, ORC MSC 1617-Central Files-Basement Asheville Files ` °Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Internet:http://portal.ncdenr.org/weblwq An Equal Opportunity 1 Affirmative Action Employer G:iWRIWQ1Macon\Wastewater\Minors\Skyline Lodge 36692\36692 CEI 2014.doc ram\ �� �_ �,� �i United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector FacType 1 IN I 2 I5 I 3 I NCO036692 11 1 12 14/12/10 17 18 19' G I 20 L I' 2111 1 1 1 1 1 1 1 1 1 1 I I I I I I I I I I I I I I I I I I I I I I II I I I I I I r6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA ----------------Reserved-- ---- 67 70 71 ' I 72 N 1 731 I 174 751 I ( ) I I � (80 Section B`.Facility Data I_1 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) 01:45PM 14/12/10 12/12/01 Skyline Lodge&Village WWTP NCSR 1544 Exit Time/Date Permit Expiration Date Highlands NC 28741 02:45PM 14/12/10 17/ imb Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Mark Fredrick Teague/ORC/828-293-9396/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Robert A Nass,PO Box 529 Deland FL 327210529/// No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) ® Operations&Maintenance ® Facility Site Review ® Effluent/Receiving Waters 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 Jeff Menzel ARO WQ//828-296-450,0/ $ p 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 (Cont.) 1 31 NCO036692 I11 12 1 14/12/10 17 18 1,_1 Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) WWTP type: 0.01 MGD extended aeration package plant. Below the deck is a building with a low ceiling which houses the :(no bar screen)aeration basin; clarifier with sludge return; tablet chlorinator; and chlorine contact chamber. Outside are the:tablet dechlorination unit; holding tank with dual dosing siphon bell; and 25 x 30 ft. low-rate surface sand filter(no recirc)with dual 6 inch pvc drilled laterals. Development: Lodge with 44 rooms, restaurant,tennis courts, hot tub and other amenities. Collection System: gravity only_no pump stations The area below the deck houses the aeration basin which was difficult to inspect and would be a dangerous area to work in. The sand filter was well maintained and the system was not discharging at the time of inspection. No violations of permit requirements or applicable regulations were observed during this inspection. Page# 2 Permit: NCO036692 Owner-Facility: Skyline Lodge&Village VWVrP Inspection Date: 12/10/2014 Inspection Type: Compliance Evaluation Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT,Settleable ® ❑ ❑ ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: Sand Filters (Low rate) Yes No NA NE (If pumps are used)Is an audible and visible alarm Present and operational? ❑ ❑ ® ❑ Is the distribution box level and watertight? ❑ ❑ ❑ Is sand filter free of ponding? ® ❑ ❑ ❑ Is the sand filter effluent re-circulated at a valid ratio? ❑ ❑ ❑ #Is the sand filter surface free of algae or excessive vegetation? ❑ ❑ ❑ #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) ❑ ❑ ❑ Comment: Page# 3 A 7MA. NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary January 28, 2015 Mr. Robert A Nass Skyline Lodge &Village PO Box 529 Deland, FL 32721-0529 SUBJECT: Compliance Evaluation Inspection Skyline Lodge WWTP Permit No: NC0036692 Macon County Dear Mr.Nass: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on 12/10/2014. No violations of permit requirements or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions,please call me at 828-296-4500. Sincerely, Jeff Menzel Environmental Specialist cc: Mark Fredrick Teague, ORC MSC 1617-Central Files-Basement Asheville Files Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Internet:http:Hportal.ncdenr.org/web/wq An Equal Opportunity\Affirmative Action Employer G:\WR\WQ\Macon\Wastewater\Minors\Skyline Lodge 36692\36692 CEI 2014.doc f �,� United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 6-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac,Type 1 IN 1 2 15 1 3 NCO036692 111 12 14/12/10 17 18 1_1 19 1 s 20 H 21111111 11111111111 I I— I 11II I I I I I I I I I I I I I I II I I f6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA --------------Reserved----------- 67 70 L_j 71 Lj 72 LN 73 I I 174 75I I I I I ( I I80 Section B`Facility Data J 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) 01:45PM 14/12/10 12/12/01 Skyline Lodge&Village WWTP NCSR 1544 Exit Time/Date Permit Expiration Date Highlands NC 28741 02:45PM 14/12/10 17/11/30 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Mark Fredrick Teague/ORC/828-293-9396/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Robert A Nass,PO Box 529 Deland FL 327210529N _. No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) ® Operations&Maintenance ■ Facility Site Review ■ Effluent/Receiving Waters 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 Jeff Menzel ARO WQ//828-296-4500/ ✓ /a.f 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 (Cont.) 1 31 NCO036692 I11 12 14/12/10 17 18 JCJ Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) WWTP type: 0.01 MGD extended aeration package plant. Below the deck is a building with a low ceiling which houses the :(no bar screen)aeration basin; clarifier with sludge return;tablet chlorinator; and chlorine contact chamber. Outside are the:tablet dechlorination unit; holding tank with dual dosing siphon bell; and 25 x 30 ft. low-rate surface sand filter(no recirc)with dual 6 inch pvc drilled laterals. Development: Lodge with 44 rooms, restaurant, tennis courts, hot tub and other amenities. Collection System: gravity only_no pump stations The area below the deck houses the aeration basin which was difficult to inspect and would be a dangerous area to work in.The sand filter was well maintained and the system was not discharging at the time of inspection. No violations of permit requirements or applicable regulations were observed during this inspection. Page# 2 Permit: NCO036692 Owner-Facility: Skyline Lodge&Village WVVTP Inspection Date: 12/10/2014 Inspection Type: Compliance Evaluation Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable ® ❑ ❑ ❑ Solids, pH, DO,Sludge Judge, and other that are applicable? Comment: Sand Filters (Low rate) Yes No NA NE (If pumps are used) Is an audible and visible alarm Present and operational? ❑ ❑ ® ❑ Is the distribution box level and watertight? ® ❑ ❑ ❑ Is sand filter free of ponding? ® ❑ ❑ ❑ Is the sand filter effluent re-circulated at a valid ratio? ❑ ❑ ❑ #Is the sand filter surface free of algae or excessive vegetation? ® ❑ ❑ ❑ #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) ❑ ❑ ❑ Comment: Page# 3 1 i 'Art' N North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 28,2015 Dr.Mina Shehee N.C. Department of Health and Human Services Epidemiology Section-OEEB 1912 Mail Service Center Raleigh,NC 27699-1912 Re: Haywood County HRE request Owners Name: William Hunteman Sample location address: 307 CJ Justice Drive Waynesville,NC Dear Dr.Shehee; The Asheville Regional Office is conducting a nitrate-in-groundwater investigation in the Iron Duff Community of Haywood County.The private water supply well located at the address above was sampled on October 27, 2014.The homeowner recently installed a treatment system to address elevated zinc levels in his water supply well.This particular sample was collected'at the kitchen faucet and represents post-treatment water quality.Water samples were analyzed for various metals. The table below summarizes the analytical results for the post-treatment water quality.It is important to note that copper and sodium concentrations are higher than the raw or,untreated drinking water quality.All detectable metals are below the applicable standards. Table 1:Summary of analytical results for William Hunteman well on October 27,2014. Copper 470 1,000 Sodium Kitchen Faucet 3.25, 5 15 Zinc 88 1,000 Please provide a health risk evaluation for the post-treatment water quality.Please feel free to contact me if you have additional questions or concerns.I can be reached at(828) 296-4681 or brett.laverty ncderingov. 2090 U.S.Hwy.70,North Carolina 28778 Phone:828-296-45001 Internet:www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer—Made in part by recycled paper Dr.Mina Shehee January 28,2015 Page 2 of 2 Sincerely, ,ram U Brett Laverty Water Quality egional Operations Asheville Regional Office HAYWOOD tlA7 Sample ID: AC14029 ar Basin PO Number# 14GO432 rteport To AROAP i3 Date Received: 1 0/2 912 01 4 -I Time Received: 08:10 dlector: B LAVERTY Labworks LoginlD MSWIFT Region: ARO Final Report Date: IM15 Sample Matrix: GROUNDWATER Report Print Date: 01/28l2015 Loc.Type: WATERSUPPLY Rhal Report Emergency Yes/No VisltlD COC Yes/No Loc.Descr.: WILLLIAM HUNTEMAN•307 CJ JUSTICE DRIVE WAYNESVILLE NC Location ID: 1144307JUSTICE Collect Date: 1 0/2 712 0 1 4 Collect Time: 16:28 Sample Depth If this report is labeled preliminary report,the results have not been validated, Do not use for Regulatory purposes. CAS# AnalYte Name PQL Result/ Units Method Analysis Validated by Qualifier Reference Date LAB Sample temperature at receipt by lab 2,9 °C 10/29/14 MSWIFT MET 7440-22-4 Ag by ICPMS 1.0 1.0 U ug/L EPA200.8 11/5/14 ESTAFFORDI 7429-90-5 Al by ICP 50 60 U ug/L EPA 200.7 10/30/14 ESTAFFORDI 7440-38-2 As by ICPMS 2.0 2.0 U ug/L EPA200.8 11/5/14 ESTAFFORDI 7440-38-3 Ba by ICP 10 IOU ug/L EPA 200.7 10/30/14 ESTAFFORDI 7440-70-2 Ca by ICP 0.10 0.10 U mg/L EPA 200.7 10130/14 ESTAFFORDI 7440-43-9 Cd by ICPMS 0.50 0.50 U ug/L EPA200.8 11/5/14 ESTAFFORDI 7440-47-3 Cr by ICPMS 10 IOU ug/L EPA200.8 11/5/14 ESTAFFORDI 1-50-8 Cu by ICPMS 2.0 470 ug/L EPA200.8 11/5/14 ESTAFFORDI 7439-89-6 Fe by ICP 50 50 U ug/L EPA 200.7 10/30/14 ESTAFFORDI 7439-97-6 Hg 245.1 0.2 0.20 U ug/L EPA245.1 11/5/14 ESTAFFORDI 7440-09-7 K by ICP 0.10 0.10 U mg/L EPA 200.7 10/30/14 ESTAFFORDI 7439-95-4 Mg by ICP 0.10 0.10 U mg/L EPA 200.7 10/30/14 ESTAFFORDI 7439-96-5 Mn by ICP 10 IOU ug/L EPA 200.7 10/30/14 ESTAFFORDI 7440-23-5 Na by ICP 0.10 25 mg/L EPA 200.7 10/30/14 ESTAFFORDI 7440-02-0 Ni by ICPMS 2.0 2.0 U ug/L EPA200.8 11/5/14 ESTAFFORDI 7439-92-1 , Pb by ICPMS 2.0 3,5 ug/L EPA200.8 1115/14 ESTAFFORDI 7782-49-2 Se by ICPMS 5.0 5.0 U ug/L EPA200.8 11/5114 ESTAFFORDI 7440-66-6 Zn by ICP 10 88 ug/L EPA 200.7 10/30/14 ESTAFFORDI Laboratory Section>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 For a detailed description of the qualifier codes refer to he,[,,eortai ncdengo;p,L;ep.[y,;g/labjsta9nfiy;(ter.I�as;;ztnUa;d,_3uallEer Codes,chtk;Jl„ar_a,J,;ngdeA�r o�pJyi�b.,!u_q(ia6��a5�nfiq;:techassst> Page 1 of 1 AC NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 28,2015 Dr. Mina Shehee N.C. Department of Health and Human Services Epidemiology Section-OEEB 1912 Mail Service Center Raleigh, NC 27699-1912 Re: Haywood County.HRE request Owners Name: Jonathon Freedberg Sample location address: 303 Tumbleweed Trail Waynesville,NC Dear Dr.Shehee; The Asheville Regional Office is conducting a nitrate-in-groundwater investigation in the Iron Duff Community of Haywood County.The private water supply well located at the address above was sampled on October 27,2014.Water samples were analyzed for nitrate and nitrite' The table below summarizes the analytical results.Nitrate is present at a concentration above the state's groundwater standards (15A NCAC 02L.0202).Nitrite is also present but below the applicable standard Table 1:Summary of analytical results for Jonathon Freedberg well on October 27,2014. Nitrate 3,420 10,000 Nitrite Well Head 180 1,000 Please provide a health risk evaluation for the presence of nitrate and nitrite.Please feel free to contact me if you have additional questions or concerns. I can be reached at(828) 296-4681 or brett.lavertyPncdenr.gov. Sincerely, Brett,/ rett La er Water Quality Regional Operations Asheville Regional Office 2090 U.S,Hwy.70,North Carolina 28778 Phone:828-296-4500\Internet:www,ncdenr.gov An Equal Opportunity lAffirmative Action Employer—Made in part by recycled paper. HaywoodcT Sample ID: AC14027 ,r Basin PO Number# 14G0430 eport To AROAP Date Received: 10/29/2014 { Time Received: 08:10 :!lector: B LAVERTY Labworks LoginlD MSWIFT Region: ARO Final Report Date: 11/3114 Sample Matrix: GROUNDWATER Loc.Type: Water SuPOY Final R@1OCt Report Print Date: 01/28/2015 Emergency Yes/No VisitlD COC Yes/No Loc.Descr.: JONATHON FREEBERG 303 TUMBLEWEED TRAIL WAYNESVILLE NC Location ID: 1144303TUMBLE Collect Date: 10/27/2014 Collect Time: 15:41 Sample Depth If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. CAS# Analvte Name PQL Result/ Units Method Analysis Validated by Qualifier Reference Date LAB Sample temperature at receipt by lab 2.9 °C 10/29/14 MSWIFT NUT NO2+NO3 as N in liquid 0.02 3.6 mg/L as N EPA 353.2 REV 2 10/30/14 CGREEN Nitrate as N in liquid 0.02 3.42 mg/L as N EPA 353.2 REV 2 10/31/14 CGREEN Nitrite as N in liquid 0.01 0.18 mg/L as N EPA 353.2 REV 2 10/29/14 CGREEN Laboratory Section»1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 For a detailed description of the qualifier codes refer to hg,;t.C,eur__.n<d,P�,,r;,ors;H^,1wgt,:aui_.arms_o[erci,,s�istxuatz„rq�;igzr,eoa:a,;kl,/,,;,,.ezr,�_cne,r or�y�rn.�,u-g('an[si�grtir.;tachas<ist Page 1 of 1 MA "WEN North Carolina Department Of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary January 28,2015 Dr.Mina Shehee N.C. Department of Health.and Human Services Epidemiology Section-OEEB 1912 Mail Service Center Raleigh,NC 27699-1912 Re: Haywood County HRE request Owners Name: Urpo Karppinen Sample location address: 122 Tumbleweed Trail Waynesville,NC Dear Dr.Shehee; The Asheville Regional Office is conducting a nitrate-in-groundwater investigation in the Iron Duff Community of Haywood County.The private water supply well located at the address above was sampled on October 27, 2014.Water samples were analyzed for nitrate,nitrite,and various metals. The table below summarizes the analytical results.Zinc is present at a concentration above the state's groundwater standards (15A NCAC 02L.0202).Nitrate,nitrite and a number of metals are also present but with concentrations below the applicable standards. Table 1:Summary of analytical results for Urpo Karppinen well on October 27,2014. Barium 58 700 Calcium 35,000 Magnesium 3,000 Manganese 66 50 Nicker Well Head 2.1 100 Nitrate 410 10,000 Nitrite 20 1,000 Potassium' 7,200 Sodium 7,500 Zinc 4,200 1,000 Please provide a health risk evaluation.Please,feel free to contact me if you have additional questions or concerns.I can be reached at(828) 296-4681 or brett.laverty ncdenr.gov. 2090 U.S.Hwy.70,North Carolina 28778 Phone:828-296-45001 Internet:www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer—Made in part by recycled paper Dr.Mina Shehee January 28,2015 Page 2 of 2 Sincerely, Brett Laver Water Quality Regional Operations Asheville Regional Office Haywood #tp Sample 10: AC14025 Basin PO Number# 14G0428 .eport To AROAP Date Received: 10/29/2014 Time Received: 08,10 .actor: B LAVERTY "C Region: ARO Labworks LoginlD MSWIFT Sample Matrix: GROUNDWATER Final Report Date: 1!7l15 Loc.Type: Water Supply Final Re06 Report Print Date: 01/28/2015 Emergency Yes/No VisitlD COC Yes/No Loc.Descr.: URPO KARPPINEN 122 TUMBLEWEED TRAIL WAYNESVILLE NC Location ID: 1144122TUMBLE Collect Date: 10/27/2014 Collect Time: 13:24 Sample Depth If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. CAS# Analyte Name PQL Result/ Units Method Analysis Validated by Qualifier Reference Date LAB Sample temperature at receipt by lab 2.9 °C 10/29/14 MSWIFT NUT NO2+NO3 as N In liquid 0.02 0.43 mg/L as N EPA 353.2 REV 2 10/29/14 CGREEN Nitrate as N In liquid 0.02 0.41 mg/L as N EPA 353.2 REV 2 10/31/14 CGREEN Nitrite as N in liquid 0.01 0.02 mg/L as N EPA 353.2 REV 2 10/29/14 CGREEN MET 7440-22-4 Ag by ICPMS 1.0 1.0 U ug/L EPA200.8 11/5/14 ESTAFFORD1 7429-90-5 Al by ICP 50 60 U ug/L EPA200.7 10/30/14 ESTAFFORD1 7440-38-2 AS by ICPMS 2.0 2.0U ug/L EPA200.8 11/5/14 ESTAFFORD1 38-3 Ba by ICP 10 68 ug/L EPA200.7 10/30/14 ESTAFFORD1 7440-70-2 Ca by ICP 0.10 36 mg/L EPA200.7 10/30/14 ESTAFFORD1 7440-43-9 Cd by ICPMS 0.50 0.60 U ug/L EPA 200.8 11/5/14 ESTAFFORD1 7440-47-3 Cr by ICPMS 10 IOU ug/L EPA 200.8 1115/14 ESTAFFORD1 7440-50-8 Cu by ICPMS 2.0 2.0'U ug/L EPA200.8 11/5/14 ESTAFFORD1 7439-89-6 Fe by ICP 50 60 U ug/L EPA200.7 10/30/14 ESTAFFORD1 7439-97-6 Hg 245.1 0.2 0.20 U ug/L EPA 245.1 1115/14 ESTAFFORDI 7440-09-7 KbyICP 0.10 7.2 mg1L EPA200.7 10/30/14 ESTAFFORD1 7439-95-4 Mg by ICP 0.10 3.0 mglL EPA200.7 10/30/14 ESTAFFORD1 7439-96-5 Mn by ICP 10 66 ug/L EPA200.7 10/30/14 ESTAFFORD1 7440-23-5 Na by ICP 0.10 7.6 mg/L EPA200.7 10/30/14 ESTAFFORD1 7440-02-0 Ni by ICPMS 2.0 2.1 ug/L EPA200.8 11/5/14 ESTAFFORD1 7439-92-1 Pb by ICPMS 2.0. 2.0 U ug/L EPA200.8 11/5/14 ESTAFFORD1 7782-49-2 Se by ICPMS 5.0 6.0 U ug/L EPA 200.8 11/5/14 ESTAFFORD1 7440-66-6 Zn by ICP 10 4200 ug/L EPA200.7 10/31/14 ESTAFFORD1 Laboratory Section»1623 Mail Service Center,Raleigh,NC 27699-1623 (919)7333908 For a detailed description of the qualifier codes refer to ht�.f!_nr nai ncpanyorg,web,/9L.R�Ft�rfiJeect.,as�!ggpag guzi�ner,oegg<h�;/r porealn<aenr;orplwrb[wy(i��,wfin,�clS�Shas�n: Page 1 of 1 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 28, 2015 Andrew Vaughn P.O. Box 241 Pineola, NC 28862 RE: Sample ID:AC13273 Sample Address: 730 Old Jonas Ridge Road Avery County Dear Mr.Vaughn, Please find attached the analytical results for a water sample collected from your water supply well located at the address referenced above,on September 30, 2014.The sample was analyzed for nitrate,nitrite, and chlorinated pesticides. The following table summarizes the attached analytical results. Please note that the bolded values indicate levels above the NC Groundwater Standard,15A NCAC 2L.0202.The results are shown in units of micrograms of contaminate per liter of water (ug/1) and are approximately equivalent to parts per billion (ppb). Chlordane 2.0 ppb 0.10 ppb 3.1 ppb Nitrate 1 10,000 PPb 10,000 ppb 5,300 ppb Because the pesticide chlordane was detected in the water sample above the applicable standard,a Health Risk Evaluation (HRE) of the water supply was performed by our toxicologist, Dr. Ken Rudo.The HRE,which is enclosed, makes specific recommendations for use of your water based on these results. The Bernard Allen Memorial Emergency Drinking Water Fund was established to help provide alternate water sources for home owners throughout North Carolina who might otherwise not be able to afford to provide alternate water for themselves in situations were the primary drinking water source well has become contaminated. Qualification for use of the Fund is required for each site.Attached you will find a Household Income Verification Affidavit to be completed and returned to the Asheville Regional Office at NCDENR DWR, 2090 U.S. Hwy 70,Swannanoa, NC 28778. Please include a daytime phone number so the 2090 U.S.Hwy.70,North Carolina 28778 Phone:828-296-4500\Internet:www.ncdenr.gov An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper Andrew Vaughn January 28,2015 Page 2 of 2 Fund Administrator can schedule its contractor to deliver bottled water until a permeant solution can be arranged. If you have questions concerning the Health Risk Evaluation,please contact Dr. Ken Rudo at (919) 707-5911. If you have additional questions or concerns,please contact me at(828) 296-4681 or brett.laverty(&ncdenr.gov. Sincerely, Brett L ver Water Quality Regional Operations Asheville Regional Office Attachment: Health Risk Evaluation by Dr.Ken Rudo DWR Laboratory analytical results Bernard Allen Fund Household Income Verification Affidavit Water Filtration System letter from Bernard Allen Fund Administrator cc: File Avery County Health Department AVERY O .y }� Sample ID: AC13273 Basin PO Number# 14GO387 -port To AROAP % Date Received: 10/02/2014 Time Received: 08:00 !ctor: A MOORE " Labworks LoginlD MSWIFT Region: ARO Final Report Date: 12/22/14 Sample Matrix: GROUNDWATER Loc.Type: MONITORING WELL intd Report Report Print Date: 12/30/2014 Emergency Yes/No VisitlD COC Yes/Na Loc.Descr.: WELL PUMP WELLHEAD Location ID: 116730OLDJONAS Collect Date: 09/30/2014 Collect Time: 10:37. Sample Depth If this report is labeled preliminary report,the results have not been validated, Do not use for Regulatory purposes. Result/ Method Analysis Validated by CAS# Analyte Name PQL Units Qualifier Reference Date LAB Sample temperature at receipt by lab 1.4 °C 10/2/14 MSWIFT NUT NO2+NO3 as N in liquid 0.02 6.3 mg/L as N EPA 353.2 REV 2 10/2/14 CGREEN Nitrate as N in liquid 0.02 6.3 mg/L as N EPA 353.2 REV 2 10/3/14 CGREEN Nitrite as'N in liquid 0.01 0.01 U mg/L as N EPA 353.2 REV 2 10/2/14 CGREEN PES Chlorinated Pesticides in Liquid _TITLE_ ug/L EPA608/SW 8081 10/22/14 CJOHNSON 15972-60-8 _Alachior 0.28 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 309-00-2 Aldrin 0.06 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 3, 6 BHC-Alpha 0.03 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 319-85-7 BHC-Beta 0.03 Not detected J2 ug/L EPA 6081SW 8081 10/22/14 CJOHNSON 319-86-8 BHC_Delta 0.06 Not detected J2 ug/L EPA608/SW 8081 10/22/14 CJOHNSON 58-89-9 BHC-Gamma(Lindane) 0.03 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 57-74-9 Chlordane,Technical 2.5 3.1 P1 ug/L EPA608/SW 8081 10/22/14 CJOHNSON 5103-71-9 Chlordane,Alpha 0.03 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 5103-74-2 Chlordane,Gamma 0.03 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 3734-48-3 Chlordene 0.03 Not detected J2 ug/L EPA 608/SW 8081 10/22114 CJOHNSON 510-15-6 ChlorobenZilate 0.48 Not detected J2 ug/L EPA 608/$W 8081 10/22/14 CJOHNSON 1861-32-1 DCPA 0.03 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 53-19-0 DDD 2,4 0.06 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 72-54-8 DDD 4,4 0.03 Not detected J2 ug/L EPA 608/SW 8081 10122/14 CJOHNSON 3424-82-6 DDE 2,4 0.05 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 72-55-9 DDE 4,4 0.03 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 789-02-6 DDT 2,4 0.05 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 50-29-3 DDT 4,4 0.03 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 60-57-1 Dieldrin 0.03 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 959-98-8 Endosulfan 1 0.03 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 33213-65-9 Endosulfan 11 0.03 Not detected J2 ug/L EPA 608/SW 808.1 10/22/14 CJOHNSON 1031-07-8 Endosulfan sulfate 0.03 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 72-20-8 Endrin 0.03 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON Endrin Aldehyde 0.06 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON Laboratory Section>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733.3908 For a detailed description of the qualifier codes refer to htoj,;,nur..al;ncder7r._;pf_A_t;[wrylia_'1s;aFnHq�eechas_istFua3a qjifler cayjes<hty,/f,par,:aln_ae7�r,orq[rie�+,,wp[ian{s;afin5;,[i=.chasFtst> Page 1 of 2 NC(DWQ Laboratory Section Results Location ID: 116730OLDJONAS Sample ID: AC13273 Collect Date: 09/30/2014 Collect Time:: 10:37 PES Result/ Method Analysis Validated by CAS# AnalVte Name PQC Units Qualifier Reference Date 53494-70-5 Endrin Ketone 0.03 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 2593-15-9 Ethazole 0.09 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 76-44-8 Heptachlor 0.06 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 1024-57-3 Heptachlor epoxide 0.03 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 118-74-1 Hexachlorobenzene(Pest) 0.02 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 2385-85-5 Mirex 0.03 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 39765-80-5 Trans Nonachlor 0.05 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 27304-13-8 Oxychlordane 0.05 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 52645-53-1 Mixed Permethrin 1.20 Not detected J2 'ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 1918-16-7 Propachlor 0.54 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 117-18-0 Tecnazene 0.03 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 1582-09-8 Trifluralin 0.05 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 12674-11-12 Aroclor 1016 1 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 11104-28-2 Aroclor 1221 1 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 11141-16-5 Aroclor 1232 1 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 53469-21-9 Aroclor 1242 1 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 12672-29-6 Aroclor 1248 1 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 11097-69-1 Aroclor 1254 1 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 11096-82-5 Aroclor 1260 1 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 37324-23-5 Aroclor 1262 1 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 8001-35-2 Toxaphene 3 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 2675-77-6 Chloroneb 0.21 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 1897-45-6 Chlorothalonil 0.2 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 72-43-5 Methoxychlor 0.15 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON Sample Comments SEMI:SV-J2-estimated-1 analyte(s)failed<LCL in CV2. PES:OCP-P1--elevated PQL-dilution 5x PES:OCP-J2-estimated-1 analyte(s)failed<LCL in the CV2 PES:OCP-J2-estimated-analyte(s)failed decomposition criteria. Laboratory Section>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 For a detailed description of the qualifier codes refer to htp;j(,o rjgenroyj:n:'.4jW.9/lab;AlAf to(ted?antstw,G_+a5a,,,c;uaiifier,Copes,chtp,;jj,oital n!;�egr_u:;,jg eyjw�leh(s;afinfic;teyhasrisG Page 2 of 2 _j/2015 00:36 9198704807 OEEB MERA PAGE 04/05 information. and Rest limmendationa,for Uites of Prlvate Well Water For Org Iiinic Choimicais.l=ouild in Water North Carolina Occupatl!bnat and.Eavironmental'Epidemicli0!gX,E!ranch (()El s) For Addl Clonal Information call 919-707-5900. Name: ' (' + �, count Sample Identification Number:. . Inforn ation on Your Private Well Water Your well water was laboratory tests for chemical contaminants. Drinking water may contain chemical contaminants which can occur naturz Ily or be introduced Into water from manmade sources. The chemicals found in your well were In!�oduced from man-made sources. ;n order to evaluate your laboratory results for chemical Contaminants, y#or water results were compared to the national primary drinking water standards or maximum contaminant i vets (MCLs) (see website for basis for each MCL at bIL12://www.ggl.gov/safewatettcgojg:l[ttma,rtis/"Ind .htrriih=Js). MCLs are natlonalidrinking water standards that are required to be met.by munlc ,gal water supplies. if an MCL was not avallable, your water results were compared to the North Carolina ZL Groundwater Standards. R,ecommendai lions for Uses of Your Private Well Water The concentrations found in !your well water do not exceed the recommended EPA levels/(North Carolina 2L Groundwater St; ndards.Therefore, your water could be used for drinking, cooking, washing dishes, bathing, an,I showering. Contaminant concentrations round in your well water are higher than the EPA recommended levels for drill nd gooking. 11 i:Me contaminants include Your well water should n{it be used f+dr drinking or cooking. If you have been drinking the well water and are pr!,gnant,nursing, or have a child under S years of age, Inform your p sician of the rest Its. Because of thi low levels,, come absorption of these chemicals Is expected through Intact !Wn and exposure to water vapor:Therefore,, limit showering and bathing tl !te to less than i0 minutes. Because of tht high levels, absorption of thepe chemicals could occur through Intact:skin an( exposure to water vapor. Thereforer limit showering and bathing time t; less than 9 minutes. "-' because of thii very high levels, significant absorption of those chemicals could occur through Intact skin and exposure to water vapor. Therefore,this water should not be ,sett for showering and bathing. �...® You may want to purchase a water treatment device, drill a new well that is distantly located from. the groundwater contaminat i)n, use bottled water, or connect to a public water supply. " ..�,,......• Rese!mplCng is recommended In months. Other Comments. WWII d, - - � ���\ I�\ i /_„ aINR North Carolina Department of Environment and Natural Resources Division of Waste Management Pat McCrory Donald R. van Vaart Governor Secretary January 28, 2015 Andrew Vaughn P.O. Box 241 Pineola,NC 28862 Re: Water Filtration System 730 Old Jonas Ridge Road, Avery County Dear Mr. Vaughn: Based-on our records,the contamination detected in your drinking water supply well is at concentrations exceeding safe levels for human consumption. The Bernard Allen Memorial Fund ("Fund")was established to help provide alternate water sources for home owners throughout North Carolina who might otherwise not able to afford to provide alternate water for themselves in situations where the primary drinking water source well has become contaminated. Qualification for use of the Fund is required for each site. Attached you will find a Household Income Verification Affidavit to be completed and returned to our office. Upon receipt of the affidavit the Division will schedule its contractor to install the system. If you do not meet the requirements in the affidavit,please notify this office in writing and provide appropriate documentation. In the event this office receives your documentation of non-qualification, our office will evaluate whether other funds are available to pay for installation and maintenance. You will need to send a written response to our office by the 30th day following your receipt of this letter. As soon as we receive your written agreement of this offer, we can move forward with organizing and mobilizing the necessary resources to implement installation of the system at your property. Please send your written response to my attention at the address listed in the footer of this letter. If you have any questions, concerning this issue, please contact me at(919) 707-8353. Sincerely, Vincent Antrilli,Jr. Inactive Hazardous Sites Branch Superfund Section cc: Brett Laverty,NCDENR Asheville Regional Office 1646 Mail Service Center,Raleigh,North Carolina 27699-1646 Phone:919-707-82001 Internet:http://portal.nedenr.org/web/wm An Equal Opportunity 1 Affirmative Action Employer—Made in part by recycled paper NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES IN THE MATTER OF: Bernard Allen Memorial Emergency Drinking Water Fund Eligibility by Andrew Vaughn UNDER THE AUTHORITY OF ) AFFIDAVIT NORTH CAROLINA GENERAL ) RE:Household Income Verification STATUTES§87-98 ) Andrew Vaughn,being duly sworn,hereby deposes and says: 1. I am/we are the owner of property generally referred to as 730 Old Jonas Ridge Road,Newland, Avery County,North Carolina. 2. I am/we are applying for eligibility under the North Carolina General Statute(N.C.G.S.) § 87-98 (Bernard Allen Memorial Emergency Drinking Water Fund)for an alternate water supply for the property generally referred to as 730 Old Jonas Ridge Road,Newland,Avery County,North Carolina. 3. I/We hereby certify,under the pains and penalties of perjury,that I/We meet the eligibility requirements of N.C.G.S. § 87-98(c),in that my/our household gross income for calendar year 201.4 is not greater than three hundred percent(300%)of the current federal poverty guidelines determined by the US Department of Health and Human Services,as listed below: 2013 Poverty Guidelines for the 48 Contiguous States and the District of Columbia ------------------------------------------------------------------------------------------------ Persons in family Poverty guideline 300% ------------------------------------------------------------------------------------------------ 1............................................................ $11,670 $ 35,010 2............................................................ $15,730 $ 47,190 3:........................................................... $19,790 $ 59,370 4............................................................ $23,850 $ 71,550 5............................................................ $27,910 $ 83,730 6............................................................ $31,970 $ 95,910 7............................................................` $36,030 $108,090 8............................................................ :$40,090 $120,270 ------------------------------------------------------------------------------------------------ For families with more than 8 persons,add$4,060($12,180)for each additional person. 4. I hereby certify,under the pains and penalties of perjury,that I/we have not caused or contributed to the groundwater contamination resulting in the need to seek eligibility for use of the Bernard Allen Memorial Drinking Water Fund. . Affiant further saith not. Signature/Printed Name Date Sworn to and subscribed before me this day of ,20_ Notary Public My commission expires: (SEAL) irr u►;�' NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 28, 2015 Lisa Pittman 893 Old Jonas Ridge Road Newland,NC 28657 RE: Sample ID:AC13274 Sample Address: 893 Old Jonas Ridge Road Avery County Dear Ms. Pittman, Please find attached the analytical results for a water sample collected from your water supply well located at the address referenced above, on September 30, 2014.The sample was analyzed for nitrate, nitrite, and chlorinated pesticides.The purpose of the site visit is in reference to two nearby water supply wells that contain elevated concentrations of nitrate and chlorinated pesticide. The following table summarizes the attached analytical results.The results are shown in units of micrograms of contaminate per liter of water (ug/1) are approximately equivalent to parts per billion (ppb). s � N 10,000 ppb 10,000 ppb 2,400 ppb There are no detections for chlorinated pesticides at this time. Because nitrate is present at a concentration below the applicable standard,a Health Risk Evaluation (HRE) was performed by our toxicologist, Dr. Ken Rudo, as a precautionary measure.The HRE,which is enclosed, states your water is safe for all household uses including drinking, cooking, washing dishes,bathing,and showering. I appreciate your participation in our well receptor survey. I have attached an educational fact sheet on nitrate in drinking water for your review. If you have additional questions or concerns, please contact me at (828) 296-4681 or brett.laverty(-ncdenr.gov. 2090 U.S.Hwy.70,North Carolina 28778 Phone:828-296-4500\Internet:www,ncdenr,gov An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper Lisa Pittman January 28,2015 Page 2 of 2 Sincerely, Brett Lav rty Water Q li egional Operations Asheville Regional Office Attachment: North Carolina Extension Service-Nitrate in Drinking Water Fact Sheet Health Risk Evaluation by Dr.Ken Rudo DWR Laboratory analytical results cc: File Avery County Health Department AVERY .W4��� . Sample ID: AG13274 r Basin y PO Number# 14G0388 <eport To AROAP C Date Received: 10/02/2014 Time Received: 08:00 ector: A MOORE C+ Kegion: ARO Labworks LoginlD MSWIFT Sample Matrix: GROUNDWATER Final Report Date: 11/5/14 Loa Type: MONITORING WELL That Report Report Print Date: 12/30/2014 Emergency Yes/No Visitll) COC Yes/No Loc.Descr.: LISA PITTMAN•893 OLD JONAS RIDGE ROAD NEWLANO NC 28667 Location ID 1106893OLDJONAS Collect Date: 09/30/2014 Collect Time: 12:34 Sample Depth If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. CAS# Analyte Name PQL Result/ Units Method Analysis, Validated by Qualifier Reference Date LAB Sample temperature at receipt by lab 0,9 °C 10/2/14 MSWIFT NUT NO2+NO3 as N in liquid 0.02 2.4 mg/L as N EPA 353.2 REV 2 10/2/14 CGREEN Nitrate as N in liquid 0.02 2.4 mg/L as N EPA 353.2 REV 2 10/3/14 CGREEN Nitrite as N in liquid 0.01 0.01 U m9/L as N EPA 353.2 REV 2 10/2/14 CGREEN PES Chlorinated Pesticides in Liquid _TITLE_ ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 15972-60-8 Alachlor 0.28 Not detected J2 ug/L EPA608/SW 8081 10/22/14 CJOHNSON 309-00-2 Aldrin 0.06 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 1-6 BHC-Alpha 0.03 Not detected J2 ug/L EPA608/SW 8081 10/22/14 CJOHNSON 319-85-7 BHC-Beta - 0.03 Not detected J2 ug/L EPA 608/SW 8081, 10/22/14 CJOHNSON 319-86-8 BHC Delta 0.06 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 58-89-9 BHC-Gamma(Lindane) 0.03 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 57-74-9 Chlordane,Technical 0.5 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 5103-71-9 Chlordane,Alpha 0.03 Not detected J2 ug/L EPA 608/SVV 8081 10/22/14 CJOHNSON 5103-74-2 Chlordane, Gamma Q.03 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 3734-48-3 Chlordene 0.03 Not detected J2 ug/L EPA 608/SW$081 10/22/14 CJOHNSON 510-15-6 Chlorobenzilate 0.48 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 1861-32-1 DCPA - 0.03 Not detected J2 ug/L EPA 608/SW 8081 10/22114 CJOHNSON 53-19-0 DDD 2,4 0.06 Not detected J2 ug/L EPA608/SW 8081 10/22/14 CJOHNSON 72-54-8 DDD 4,4 0.03 Not detected J2 ug/L EPA 608/SW 8081 10122/14 CJOHNSON 3424-82-6 DDE 2,4 0.05 Not detected J2 ug/L EPA608/SW 8081 10/22/14 CJOHNSON 72-55-9 DDE 4,4 0.03 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 789-02-6 DDT 2,4 0.05 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 50-29-3 DDT 4,4 0.03 Not detected J2 ug/L EPA 608/SW 8081 10/22114 CJOHNSON 60-57-1 Dleldrin 0.03 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 959-98-8 EndOsulfan 1 0.03 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON. 33213-65-9 Endosulfan_11 0.03 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 1031-07-8 Endosulfan sulfate 0.03 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 'CJOHNSON 7z-'n-6 Endrin 0.03 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON ,J3-4 Endrin Aldehyde 0.06 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON Laboratory Section»1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 For a detailed description of the qualifier codes refer to k;;/.�za�.�ca�n.:owe:jwa/1abLtaHnfiu,';�cnassistgoata,�,ualifier Codes ah�•,[�gr__e��,vs.:zlsxelv�L1�GLt��a i^nas�a: Page 1 of 2 5VCOVAQ GaboratorySection R,esufts Location ID: 1106893OLDJONAS Sample ID: AC13274 Collect Date: 09/30/2014 Collect Time:: 12:34 PIES CAS# Analyte Name PQL Result/ Units Method Analysis Validated by Qualifier Reference Date 53494-70-5 Endrin Ketone 0.03 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 2593-15-9 Ethazole 0.09 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 76-44-8 Heptachlor 0.06 Not detected J2 ug/L EPA 608/8W 8081 10/22/14 CJOHNSON 1024-57-3 Heptachlor epoxide O.03 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 118-74-1 Hexachlorobenzene(Pest) 0.02 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 2385-85-5 Mirex 0.03 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 39765-80-5 Trans Nonachlor 0.05 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 27304-13-8 Oxychlordane 0.05 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 52645-53-1 Mixed Permethrin 1.20 Not detected JZ ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 1918-16-7 Propachlor 0.54 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 117-18-0 Tecnazene 0.03 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 1582-09-8 Trifluralin 0.05 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 12674-11-12 Aroclor 1016 1 Not detected J2 ug/L EPA 608/SW 8081 10122/14 CJOHNSON 11104-28-2 Aroclor 1221 1 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 11141-16-5 Aroclor 1232 1 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 53469-21-9 Aroclor 1242 1 Not deflected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 12672-29-6 Aroclor 1248 1 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 11 0 97-6 9-1 Aroclor 1254 1 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 11096-82-5 Aroclor 1260 1 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 37324-23-5 Aroclor 1262 1 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 8001-35-2 TOxaphene 3 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 2675-77-6 Chloroneb 0.21 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON � 1897-45-6 Chlorothalonll 0.2 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON 72-43-5 Methoxychlor 0.15 Not detected J2 ug/L EPA 608/SW 8081 10/22/14 CJOHNSON Sample Comments PES:OCP-J2-estimated-1 analyte(s)failed<LCL in the CV2. P ES:OC P-J2-esti mated-analyte(s)failed decomposition criteria. Laboratory Section»1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 For a detailed description of the qualifier codes refer to h3=/oonal.ncdenr_p.1w.ebityg/iJb_�>ta5r,._w__�sirt#Data quaiffier cQ�ec_<hwlRio!ncpen-;or,[we!w misn Page 2 of 2 _3/2015 00:36 9198704807 OEEB MERA PAGE 01105 Information, and Rw immendations for Wes of Private 'i Well Welter For Org i nic +Chdm kola Found in Water North Cairolina Occupati imal and Environmentai Branch (IDEES) For Addi I ional Information calf 919-707-5940. Name: k-4 ) County:_ Sample Identification dumber: f Inforn ation can Your Private Well Water Your well water was laboratory testej for chemical contaminants. Drinking water may contain chemical contaminants which can occur nature Ily or Lana introduced into water from man-made sources. The chemicals found in your well were In1'induced from man-made*sources: In order to evaluate your laboratory results for chemical contaminants,yc iir water results were compared to the national primary drinking wafter standards or maximum contaminant .reels (MCts) (see webslte for basis for each MCL at httc:1 www.ena.oc��rlsafewaterler�nt ;n�nar�tslind_ex.html#mcLs7. MCL s are nationaVd inking water standards that are required to be met by munic ;gal water supplies. If are MCL was not avallbble, your water results were compared to the North Carolina 2L Groundwater Standards. Recumrnendai Ions for Uses of Your Private Well Water The concentrations found in 11our well water do not exceed the recommended EPA levels/North "MNMNMN Carolina 2.L Groundwater St- idards.Therefore, your water could be used for drinking, cooking, washing dishes, bathing, an,I showering. Contaminant concentrations l and In your well water are higher than the EPA recommended levels for drinking and cooking. Ti :1se contaminants include Your well water should n+,t be used far drinking or cooking. If you have been drinking: the well water and are pr!gnant,nursing, or have a child under 5 years of ago,inform your Physician of the rest ts. Because of thi low levels,some absorption of these chemicals is expected through intact;,Akin and exposure to water vapor.-Therefore, limit showering and bathing l.i iva to less than.io minutes, Post-it"Fax Nate 7671 r" lsorptlon of these chemicals could or=ur'through PC.JDIOLO imm Ater vapor. Therefore, limit showering and tY Inut+es. �6 00, pc_ 6„f PnonO# Phone# 1/1 -1,;?J7 r{ Is, significant absorption of these chemicals could Fax l` F3k# exposure to water vapor. Therefore, this wafter ring and bathing. �® You may want to purchase a water treatment device, drill a new well that Is distantly located from the groundwater contaminat ;m, use battled water, or connect to a public water supply. Resampling Is recommended M months. other Comments / �1 .. �_'.�, EN North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary January 28, 2015" Dr. Mina Shehee N.C.Department of Health and Human Services Epidemiology Section-OEEB 1912 Mail Service Center " Raleigh,NC 27699-1912 Re: Haywood County HRE request Owners Name: William Hunteman Sample location address: 307 Cj justice Drive Waynesville,NC Dear Dr.Shehee; The Asheville Regional Office is conducting a nitrate-in-groundwater investigation in the Iron Duff Community of Haywood County.The private water supply well located at the address above was sampled on October 27,2014.Water samples were analyzed for nitrate,nitrite,and various metals. The table below summarizes the analytical results.Zinc is present at a concentration above the state's groundwater standards(15A NCAC 02L.0202). Nitrate,nitrite and a number of metals are also present but with concentrations below the applicable standards. Table.1: Summary of analytical results for William Hunteman well on October 27,2014. "iu 47 700 Calcium 5,000 Copper 10 1,000 Iron 130 300 Lead Well Head 8.3 15 Magnesium 2,100 Potassium 2,200 Sodium 3,700 Zinc 1,600 L 1,000 Please provide a health risk evaluation.Please feel free to contact me if you have additional questions or concerns.I can be reached at(828) 296-4681 or brett.laverty@ncdenr.gov. 2090 U.S.Hwy.70,North Carolina 28778 Phone:828-296-45001 Internet:www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer—Made in part by recycled paper Dr,Mina Shehee January 28,2015 Page 2 of 2 Sincerely, Brett Lave ty Water Quality Regional Operations Asheville Regional Office HAYWOOD ey1 Sample ID: AC14028 ,r Basin *s- C _ PO Number#x 14GO431 report To AROAP Date Received: 10/29/2014 -i Time Received: 08:10 ector. B LAVERTY Labworks LoginlD MSWIFT Region: ARO Final Report Date: 117115 Sample Matrix: GROUNDWATER Report Print Date: 01/28/2015 Loa Type: WATERSUPPLY Dina Report Emergency Yes/No VisitlD COC Yes/No Loc.Descr.: WILLLIAM HUNTEMAN;307 CJ JUSTICE DRIVE WAYNESVILLE NC Location ID: 1144307JUSTICE Collect Date: 10/27/2014 Collect Time: 16:23 Sample Depth If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. CAS# Analyte Name PQL Result/ Units Method Analysis Validated by Qualifier Reference Date LAB Sample temperature at receipt by lab 2.9 dC 10/29/14 MSWIFT NUT NO2+NO3 as N in liquid 0.02 1.7 mg/L as N EPA 353.2 REV 2 10/29/14 CGREEN Nitrate as N in liquid 0.02 1.7 mg/L as N EPA 353.2 REV 2 10/31/14 CGREEN Nitrite as N in liquid 0.01 0.01 U mg/L as N EPA 353.2 REV 2 10/29/14 CGREEN MET 7440-22-4 Ag by ICPMS 1.0 1.0 U ug/L EPA200.8 1115/14 ESTAFFORD1 7429-90-5 Al by ICP 50 50 U ug/L EPA200.7 10/30/14 ESTAFFORD1 74"n'38_2 AS by ICPMS 2.0 2.0 U ug/L EPA200.8 11/5/14 ESTAFFORDI ,38-3 Ba by ICP 10 47 ug/L EPA200.7 10/30/14 ESTAFFORD1 7440-70-2 Ca by ICP 010 6.0 mg/L EPA200.7 10/30/14 ESTAFFORD1 7440-43-9 Cd by ICPMS 0.50 0.50 U ug/L EPA200.8 11/5/14 ESTAFFORDI 7440-47-3 Cr by ICPMS 10 IOU ug/L EPA200.8 11/5/14 ESTAFFORD1 7440-50-8 Cu by ICPMS 2.0 10 ug/L EPA200.8 1115114 ESTAFFORD1 7439-89-6 Fe by ICP 50 130 ug/L EPA200.7 10/30/14 ESTAFFORD7 7439-97-6 Hg 245.1 0.2 0.20 U ug/L EPA 245.1 1115114 ESTAFFORDI 7440-09-7 K by ICP 0.10 2.2 mg/L EPA 200.7 10/30/14 ESTAFFORD1 7439-95-4 Mg by ICP 0.10 2.1 mg/L EPA200.7 10/30114 ESTAFFORDI 7439-96-5 Mn by ICP 10 IOU ug/L EPA200.7 10/30/14 ESTAFFORDI 7440-23-5 Na by ICP 0.10 3.7 mg/L EPA200.7 10/30/14 ESTAFFORDI 7440-02-0 Ni by ICPMS 2.0 2.0 U ug/L EPA200.8 11/5/14 ESTAFFORD1 7439-92-1 Pb by ICPMS 2.0 8.3 ug/L EPA200.8 11/5/14 ESTAFFORD1 7782-49-2 Se by ICPMS 5.0 6.0 U ug/L EPA200.8 11/5/14 ESTAFFORDI 7440-66-6 Zn by ICP 10 1600 ug/L EPA200.7 10/30/14 ESTAFFORDI i' Laboratory Section 1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 For a detailed description of the qualifier codes refer.o ! nortzl.ncdenr.,orr;�en;_w�/!a6l,tafi_efiohec!+ass+stgoata.nu_alitier Codes ch,j!,eorca!nven�.orye !up/staflnfio eehass_nv Page 1 of 1 A"r* ", North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 28,2015 Dr.Mina Shehee N.C.Department of Health and Human Services Epidemiology Section-OEEB 1912 Mail Service Center Raleigh,NC 27699-1912 Re: Haywood County HRE request Owners Name: James Markham Sample location address: 394 Haystack Hill Road Waynesville,NC Dear Dr.Shehee; The Asheville Regional Office is conducting a nitrate-in-groundwater investigation in the_Iron Duff Community of Haywood County.The private water supply well located at the address above was sampled on October 27,2014.Water samples were analyzed for nitrate and nitrite The table below summarizes the analytical results.Nitrate is present at a concentration above the state's groundwater standards (15A NCAC 02L.0202). Table 1: Summary of analytical results for James Markham well on October 27,2014. �s Nitrate Well Head 20,000 10,000 Please provide a health risk evaluation for the presence of nitrate.Please feel free to contact me if you have additional questions or concerns.I can be reached at(828) 296-4681 or brett.lavertyPncdenr.gov. Sincerely, Brett Laverty Water Quali gional Operations Asheville Regional Office 2090 U.S,Hwy.70,Noah Carolina 28778 Phone:828-296-45001 Internet:www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer—Made in part by recycled paper 4: Haywood Sample ID: WA. �9 AC14024 ✓er Basin PO Number# 14GO427 Report To AROAP r Date Received: 10/29/2014 Time Received: 08:10 illector: S LAVERTY Region: ARO Labworks LoginlD MSWIFT Final Report Date: 11/3/14 Sample Matrix: GROUNDWATER Report Print Date: 01/28/2015 Loc.Type: Water Supply Final Report Emergency Yes/No VisitlD COC Yes/No Loc.Descr.: JAMES MARKHAM 394 HAYSTACK HILL ROAD WAYNESVILLE NC Location ID: 1144394HAYSTACK Collect Date: 1 012 7/2 01 4 Collect Time: 11:47 Sample Depth If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. CAS# Analvte Name PQL Result/ Units Method Analysis Validated by Qualifier Reference Date LAB Sample temperature at receipt by lab 2.9 °C 10/29/14 MSWIFT NUT NO2+NO3 as N in liquid 0.02 20 mg/L as N EPA 353.2 REV 2 10/29/14 CGREEN Nitrate as N in liquid 0.02 20 mg/L as N EPA 353.2 REV 2 10/31/14 CGREEN Nitrite as N in liquid 0.01 0.01 U mg/L as N EPA 353.2 REV 2 10/29/14 CGREEN Laboratory Section 1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 For a detailed description of the qualifier codes refer to htp;;((poraLncdenr;grt;weGJwg/!ab(gpangfic(tecLa .fi ffoatar.�,alifig.code,:,«f p.orc3 ntgtq orP,iwdal.�, Ap,[gt�5n o,?tgcryas<:,:g, - Page 1 of 1 ���• l �� ALT4 �AA MCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 29, 2015 Mr. D. Marche Pittman Polk County P.O. Box 308 Columbus, North Carolina 28722-0308 Subject: NOTICE OF VIOLATION NOV-2015-LV-0037 Permit No. NC0004464 Woodland Mills WWTP Polk County Dear Mr. Pittman: A review of Woodland Mills WWTP's monitoring report for August 2014. showed the following violation: Parameter Date Limit Value Reported Value Limit Type Solids, Total Suspended - 08/26/2014 45.000 mg/I 53,100 mg/I Daily Maximum Concentration 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 Resources 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, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement James & James Environmental/ORC Q:\WR,VVQtPoik\WastewaterlMinors;VVoodiand Mills 0446-4\N0V-2015-LV-0037.d0c Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)2964500 Fax: (828)299-7043 Internet: http:llportal.ncdenr.org/web/wq An Equal Opportunity/Affirmative Action Employer \J �/ ���. 4 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 29, 2015 Mr. Wayne Smith 51 Bridge Street Sylva, North Carolina 28779 Subject: Notice of Deficiency NOD-2015-MV-0006 Permit No. NCO088765 Tinseltown RV Park WWTP Jackson County Dear Mr. Smith: A review of Tinseltown RV Park's WWTP monitoring report for August 2014 showed the following violations: Parameter Date Measuring Frequency Violation Flow 08/09/2014 Weekly Failure to Monitor Flow 08/16/2014 Weekly Failure to Monitor Flow 08/23/2014 Weekly Failure to Monitor Flow 08/30/2014 Weekly 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 parameter was 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 Resources 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, G. Landon Davidson,,P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement Environmental Inc]ORC G:\WR!WQkJacksorlVVastewater\Minors\Tinsietcwn RV Park 88765W00-20'_--_MV-0006.d00 Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)296-4500 Fax: (828)299-7043 Internet: hftp://portal.ncdenr.org/web/wq An Equal Opportunity/Affirmative Action Employer t ,, ��� , Ay� a�' CDEN North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 29, 2015 Mr. Aubrey L. Deaver A&D Water Service Inc. P.O. Box 1407 Pisgah Forest, North Carolina 28768-1407 Subject: Notice of Deficiency NOD-2015-LV-0006 Permit No. NCO089095 High Vista falls WWTP Henderson County Dear Mr. Deaver: A review of High Vista Falls WWTP's monitoring report for September 2014 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, 09/11/2014 25.000#/100m1 26.000#/100ml Daily Maximum M-FC Broth,44.5C Exceeded Flow 09/31/2014 0.045 MGD 0.0452 MGD Monthly Average Exceeded Remedial actions, if not already implemented, should be 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 Resources 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 828/296-4600. Sincerely, G. Landon Davidson, P.G., Regiona Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement G:,WR!WQ1Hendersor,\!Plastewater\MinorsiHigh Vista Falls 890951NOD-2015-W-0006.doc Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)296-4500 Fax: (828)299-7043 Internet: http://portal.ncdenr.org/web/wq An Equal Opportunity/Affirmative Action Employer ts� WNW North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 29, 2015 Mr. Aubrey L Deaver A&D Water Service Inc. P.O. Box 1407 Pisgah Forest, North Carolina 28768-1407 Subject: Notice of Deficiency NOD-2016-LV-0005 Permit No. NCO089095 High Vista FalIsWWTP Henderson County Dear Mr. Deaver: A review of High Vista Falls WWTP's monitoring report for August 2014 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Nitrogen, Ammonia Total 08/31/2014 1.000 mg/I 1.080 mg/I Monthly Average (as N) - Concentration 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 Resources 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, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement G\}fVR\VVQkHandersonkVVastc+r✓ater\1 rorslH;gh Vista:rails 89W5%0D-2u15-LV-0005.doc Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)296-4500 Fag: (828)299-7043 Internet: http://portal,ncdenr.org/web/wq An Equal Opportunity/Affirmative Action Employer WA Are MCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 29, 2015 Mr. Parks Banks P.O. Box 387 Barnardsville, North Carolina 28709-0387 Subject: NOTICE OF VIOLATION NOV-2015-LV-0036 Permit No. NCO060283 Ridgeview Acres Mobile Home Park WWTP Buncombe County Dear Mr. Banks: . A review of Ridgeview Acres Mobile Home Park's WWTP monitoring report for August 2014 showed the following violation` Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day (20 Deg. C) - 08/5/2014 45.000 mg/I 54.000 mg/I Daily Maximum Concentration 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. The Division of Water Resources may pursue enforcement action forthis and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4600. Sincerely, C, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement Trevor McMinn/ORC G:\WR\WdlBuncombe\VVasteriater\MinorslRidgevie.ro Acres MHP 60233\N0V-2015-L V-0036.doc Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)2964500 Fax: (828)299-7043 Internet: http://portal,nodenr.brg/web/wq An Equal Opportunity/Affirmative Action Employer LT a* VA MWE N R Forth Carolina Department of Environment and Natural Resources Pat McCrory Donald R, van der Vaart Governor Secretary January 29, 2015 Mr. Freddie Boan Trillium Links &Village LLC One Trillium Center Cashiers, North Carolina 28717 Subject: NOTICE OF VIOLATION NOV-2015-LV-0035 Permit No. NCO059200 Trillium Links &Village WWTP Jackson County Dear Mr. Boan: A review of Trillium Links&Village WWTP's monitoring report for September 2014 showed the following violation: r Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 09/16/2014 400.000 450.000#/100ml Daily Maximum Broth,44.5C #/loom[ 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 Resources 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, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement RPB Systems Inc./ORC ;:;VVR1'vVQ`JacksonlV 2ste.vare SNtiners,T;i;Iium Links&Vi!ia�e 592U0tNOV-2015-LV-00 5.doc Water Quality Regional operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)296.4500 Fax: (828)299-7043 Internet: http://portal.nedenr.org/web/wq An Equal Opportunity/Affirmative Action Employer e®� HCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary January 29,2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1965 9998 Honorable Lawrence Ponder,Mayor Town of Marshall Marshall WWTP P.O. Box 548 Marshall,North Carolina 28753 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2015-LV-0034 Marshall WWTP NPDES Permit No.NCO021733 Madison County Dear Mayor Ponder: A review of the August 2014 self-monitoring report for the subject facility revealed a violation of the following parameter: Date Outfall Parameter Reported Value Permit Limit 08/02/2014 001 BOD 70 mg/1 45 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. NC0021733. 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 2014 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. Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)2964500 FAX: (828)299-7043 Internet: http://portal.nedenr,org/web/wq An Equal Opportunityl Affirmative Action Employer Honorable Lawrence Ponder January 29,2015 Page Two Remedial actions,if not already implemented, should be taken to correct any problems. The Division of Water Resources 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, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations,NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement WQ Enforcement/NPDES Point Source Branch GAIN W.WQl3lludi cn.Wisev.aie-:-.1liuiuipai\9.4 half 4VtVTP2I NOV•NR} 15-1,V-614A40c NC of R North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 29,2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7014-0510-0000-4466-0042 Bobby Dean Burgess 164 Frances Street Forest City,North Carolina 28043 SUBJECT: NOTICE OF VIOLATION NOV-2015-PC-0021 Failure to Obtain 401 Water Quality Certification Stream Standard Violation—Removal of Best Usage Rutherford County Response deadline: February 28,2015 Dear Mr. Burgess: On January 8, 2015, Ed Williams from the Asheville Regional Office of the Division of Water Resources(DWR) conducted a site inspection at your property on 261 Crystal Creek Road in Rutherford County,NC. It appears that an unauthorized dam has been constructed on an un- named tributary to Hills Creek and is impounding water in an excavated area. As a result of the site inspection and file review,the following violations were identified: VIOLATIONS I. Removal of Best Usage—15A NCAC 0211.0211 (2)—Approximately thirty linear feet of an unnamed tributary of Hills Creek(Class WS IV)were impacted by fill representing` Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2). II. Failure to Secure a 401 Water Quality Certification (WQC) A review of records confirmed that neither the DWR nor the US Army Corps of Engineers(USACOE)has received an application for a 404 Permit or 401 WQC,prior to the impacts noted during the above noted site inspection. Such an application is required pursuant to Section 404 of the Clean Water Act and Part 15A of North Carolina Administrative Code 2H .0500. 1601 Mail Service Center,Raleigh,North Carolina 27699-1601 Phone:919-707-8600 Internet:www.ncdenr.gov An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper REQUIRED RESPONSE The DWR requests that you respond by February 28,2015. Your response should be sent to the attention of Ed Williams,Division of Water Resources, 2090 US HWY 70, Swannanoa,NC 28778 and should address the following items: 1. Stream Standard- Other Waste (In-Stream Sediment) a. Please submit a Stream Restoration Plan(Plan)to this office for review and approval. The Plan must address how the dam will be removed and the stream - restored. It is recommended that you contact Ed Williams of the Asheville Regional Office for additional guidance during Plan development. The Plan should include: • A narrative explaining how sediment will be removed including techniques, manpower and tools to be used: • A proposed schedule with dates that indicate when you expect to begin and complete the restoration. b. Once the work is complete, a final report documenting the results of the sediment removal activities should be submitted to Ed Williams. H. Failure to Secure 401 Water Quality Certification • An earthen dam installed on-site requires a 401 Water Quality Certification (WQC). ,Provide an explanation as to why a WQC was not obtained prior to impacting this stream. Thank you for your attention to this matter. This office requires that the violations,as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters,please contact Ed Williams at(828)296-4686 or ed.williams(cr�,ncdenr.gov .. Sincerely, G. Landon Davidson, P.G.,Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc: ARO File Copy Laura Herbert- Division of Energy, Mineral, and Land Resources G:\WR\WQ\Rutherford\Complaints\Bobby Dean Burgess Crystal Creek Rd\Bobby Dean Burgess NOV 2015.doc NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 29, 2015 Ms. Kathleene Clark 4 Camelfield Road Weaverville,NC 28787 SUBJECT: Compliance Evaluation Inspection Clark Residence Permit No: NCG550440 Buncombe County Dear Ms. Clark: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted on January 27, 2015. The facility appeared to be in compliance with permit NCG550440. According to our records, the system is currently permitted to a previous homeowner. I have enclosed an Ownership Change Form with this letter. Please complete the form and mail to the address indicated. Please refer to the enclosed inspection report for additional observations and comments. If you have any questions,please call me at 828-296-4500. Sincerely, Andrew Moore Environmental Senior Technician Enclosure cc: MSC 1617-Central Files-Basement WQ Asheville Files G:\WR\WQ\Buncombe\Wastewater\General\NCG55 Single Family Residence\550440 Douglas Clark\550440 CEI 01-15.doc 2090 U.S.Hwy.70,North Carolina 28778 Phone:828-296-4500\Internet:www.ncdenr.gov An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper �1 �� �� United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 U 2 u 3 I NCG550440 I11 12 15/01/27 17 18 1 19 L Gj 201 21111111 111111111 II 1111111 1111111 11111111111 f6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA - ------Reserved—-------- 67 701 I 71 [_j 72 �,N 731 I 174 751 1 1 1 1 1 (80 l_I Section B:Facility Data L_1 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) 01:45PM 15/01/27 '13/08/01 4 Camelfield Drive 4 Camelfield Dr Exit Time/Date Permit Expiration Date Weaverville NC 28787 02:OOPM 15/01/27 18/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Douglas N Clark,4 Camelfield Dr Weaverville NC 28787H828-658-8582/ No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Operations&Maintenance ■ Facility Site Review 0 Effluent/Receiving Waters 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 Timothy H Heim ARO WQ//828-296-4665/ Q� Andrew W Moore k ARO WQ//828-296-4684/ CJ Ivy � Signature of gemept 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 (Cont.) 1 31 NCG550440 I19 12 15/01/27 17 18 I c I Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) On January 27, 2015,Andrew Moore and Tim Heim of the Asheville Regional Office conducted a compliance evaluation inspection of the facility.The homeowner was not present at time of inspection. According to Buncombe County tax records the current property owner is not the permittee.A Change of Ownership Form should be completed and submitted. The inspectors were not able to locate the effluent pipe at the time of the inspection.The permittee should locate and maintain access to the effluent pipe. No other infrastructure associated with the system was located or observed at the time of the inspection. It is recommended that the septic tank be pumped every 3-5 years. Records of the septic tank pumping events should be kept for future compliance inspections. Page# 2 Permit: NCG550440 Owner-Facility: 4 Camelfield Drive Inspection Date: 01/27/2015 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters,for ex:MLSS,MCRT, Settleable ❑ ❑ ❑ Solids,pH, DO,Sludge Judge,and other that are applicable? Comment: Septic Tank Yes No NA NE (If pumps are used)Is an audible and visual alarm operational? ❑ ❑ 0 ❑ Is septic tank pumped on a schedule? ❑ ❑ ❑ Are pumps or syphons operating properly? ❑ ❑ ❑ ■ Are high and low water alarms operating properly? ❑ ❑ ❑ Comment: The septic tank should be pumped out every five years or when the solids level is found to be more than 1/3 of the liquid depth in any compartment,whichever is greater. Records of the septic tank pumping events should be kept for future compliance inspections. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ❑ 0 ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ i ❑ Comment: The effluent pipe was not located.The permittee should locate,and maintain access to,the effluent pipe. Page# 3 ALTA. RCDENR North Carolina Department of Environment and Natural Resources Pat McCrory,Governor John E.Skvarla III, Secretary I. y Please enter the CoC number for which the change is requested. Certificate of Coverage 5 10 4 4 0 II. Please provide the following for the requested change(revised permit). a. Request for change is a result of: M Change in ownership of the residence/property Name change of the facility or owner If otherplease explain: b. Permit will be issued to(company name, if applicable): c. Person legally responsible for permit: First MI Last Title Permit Holder Mailing Address City State Zip ( ) Phone E-mail Address d. Facility name(discharge): 4 Camelfield Drive e. Facility address: 4 Camelfield Road Address Asheville NC 28787 City State Zip f. Facility contact person: First MI Last ( ) Phone E-mail Address III. Permit contact information(if different from the person legally responsible for the permit) Permit contact: First MI Last Title Mailing Address City State Zip ( ) Phone E-mail Address N Will this permitted facility continue to discharge the same volume and type of wastewater as prior to this ownership or name change? ® Yes ❑ No(please explain) Revised 2/2009 NCG550000 OWNERSHIP CHANGE F6- Page 2 of. VI. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: ❑ This completed application is required for both name change and/or ownership change requests. ❑ Legal documentation of the transfer of ownership(such as relevant pages of a contract deed, or a bill of sale)is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. ...............................................................................................6..................... The certifications below must be completed and signed by the new applicant in the case of an ownership change request. APPLICANT CERTIFICATION- I, , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included,this application package will be returned as incomplete. Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: NC DENR/DWR/NPDES 1617 Mail Service Center f` Raleigh,North Carolina 27699-1617 Revised 7/2008 Page f of2 tt,orl<fIow No. 2664339ty/ Doc ID: 021625250002 TVRe• CRP Recorded: 01/15/2009 at 10;24;57 AM Fee Amt: $17.00 Page t of 2 Excise Tax: $0.00 - 1JorkflouN 2664 $9- Buncombe County, NC Otto M. DeBruhl Register of Deeds BN4638 Po773-774 SPACE ABOVE THIS LINE FOR RECORDER'S USE 5 tQy5E)Ud QUITCLAIM DEED TITLE OF DOCUMENT EXCISE TAX 0.00 After Recording Mail To: Mail Tax Statements To: This Instrument Prepared By: First American Title Kathleen F.Clark Douglas Neil Clark 1100 Superior Avenue,Suite 200 4 Camelfield Road 4 Camelfield Road Cleveland,Ohio 44114 Weaverville,North Carolina 28787 Weaverville,North Carolina 28787 THIS DEED OF GIFT made this 054, day of '�utn'AQ-f_ - 20©7, by and between Douglas Neil Clark and Kathleen F. Clark, husband and wife, hereinafter called GRANTOR, AND Kathleen F. Clark, a maimed woman, hereinafter called GRANTEE, WHOSE address is: 4 Camelfield Road,Weaverville,North Carolina 28787, WITNESSETH: That the GRANTOR,as a DEED OF GIFT, has bargained and sold, and by these presents does bargain, sell,remise, release,and forever quitclaim unto the GRANTEE,his heirs and/or successors and assigns, premises in Township oWJeaueXUkUg Buncombe County,Forth Carolina,described as follows: BEING ALL OF LOT NUMBER 2 AND 4, SECTION 1, "MEADOWS IN THE WOODS", AS PER PLAT RECORDED AT PLAT BOOK 48,PAGE 38,BUNCOMBE COUNTY REGISTRY. MORE commonly known as: 4 Camelfield Road Weaverville,North Carolina 28787 Assessor's Parcel Number:9763.04-61-0748.000 Prior Recorded Doc.Ref.:Deed:Recorded August 26, 1999;Book No.2156,Page No.462 Subject To: Restrictions, Conditions, Covenants, Rights, Rights of Way, and Easements now of record, if any. TO HAVE AND TO HOLD the above described premises with all the appurtenances thereunto belonging,or in any wise appertaining,unto the GRANTEE,his heirs and/or successors and assigns forever. When reference is made to the GRANTOR or GRANTEE, the singular shall include the plural and masculine shall include the feminine or the neuter; / 13I91Jr1111111�IN1111 CLARK NC WHEN RECORDED,RE TWTO: FIRST AMERICAN ELS EQul TLOANSMVI=ING QUIT CLAIM DEED IIOOSUPFTt1ORAVENUF-,SUI7E2�4 CLEVFZAND,OWO 0114 IIIII I II HI IIIIII�I1111111VIN1111111IN III I II NA77ONALREWRDBVG-TF"2 Ac o=wwd 2don Re+coi d*Per Client Request Book: 4638 Page: 773 Seq: 1 ���\J�{I �/ �,..._ i Page 2 01'2 O� IN WITNESS WHEREOF,the GRANTOR has caused this deed to be executed the day and year first above written. 6 � Douglas Neil Clark Kathleen F.Clark //}} ACKNOWLEDGEMENT STATE OF A� 4 0A(Q1,�0, j nQ ++ ss COUNTY OF Au nCd�+OE j I, aria 4,,J4 A&r 41, do hereby certify that Douglas Neil Clark and Kathleen F. Clark personaIV appeared before me this day and acknowledged the due execution of the foregoing instrument. NOTARY STAMP/SEAL WITNESS my hand and official seal this the 05 day of -Ira—QrT,A.D.,2021. OFFICIAL SEAL, *MyC otary Public, North Carolina l � County of Buncombe A , 1 - J.ERIC McKNIGHT NOTARY PU I sion Expires Sept.1,2010 MY Commission_Expires: qe/a Book: 4638 Page: 773 Seq:2 /.. :\ �� 1 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary January 29, 2015 Mr. Milton Rogers 179 Old Lakey Gap Road Black Mountain,NC 28711 SUBJECT: Compliance Evaluation Inspection Rogers Residence Permit No: NCG551276 Buncombe County Dear Mr. Rogers: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted on January .27, 2015. The facility was found to be in compliance with permit NCG551276. Refer to the enclosed inspection report for additional observations and comments. If you have any questions,please call me at 828-296-4500. Sincerely, Andrew Moore Environmental Senior Technician Enclosure cc: MSC 1617-Central Files-Basement WQ Asheville Files G:\WR\WQ\Buncombe\Wastewater\General\NCG55 Single Family Residence\551276 Milton.Rogers\551276 CEI 01-15.doc 2090 US,Hwy.70,North Carolina 28778 Phone:828-296-4500 tinternet:www.ncdenr.gov An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compllanoe Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector -Fac Type 1 IN I 2 15 1 3 I NCG551276 11 12 15/01/27 17 18)C j J 191 S I 20�JI � u u 1= u 2111. 1111 1111111111111111111 ( 11111 11111111111 166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA --- --Reserved-------------- 67 70 L_j 71 Lj 72 I N 73�74 751 I 1 1 1 I 1 I80 Section B:Facility Data LJ 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) 02:45PM 15/01/27 12/08/01 179 Old Lakey Gap Road Exit Time/Date Permit Expiration Date 179 Old Lakey Gap Rd Primary Black Mountain NC 28711 03:15PM 15/01/27 13/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible OfficiaVTitle/Phone and Fax Number Contacted Milton Rogers,179 Old Lakey Gap Rd Black Mountain NC 28711///' No Section C:Areas Evaluated During inspection(Check only those areas evaluated) Operations&Maintenance N Facility Site Review Effluent/Receiving Waters 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 Timothy H Heim ARO WQ//828-296-4665/ Andrew W Moore ARO WQ/l828-296-4684/ 12A & A", Signature of Management 0 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 (Cont.) 1 31 NCG551276 �11 12 15/01/27 17 18 i c Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) On January 27, 2015,Andrew Moore and Tim Heim of the Asheville Regional Office conducted a compliance evaluation inspection of the Rogers residence. Mr. Rogers was not present at the time of the inspection.The inspectors were unable to remove the caps to the chlorination and declorination tubes to check for the presence of tablets.Chlorination and dechlorination tablets must be present for the system to operate properly.The effluent pipe was located and was discharging a small volume of liquid at the time of the inspection. No foam or other debris were observed in the discharge. The system appeared to be maintained and functioning properly at the time of the inspection. Page# 2 Permit: NCG551276 Owner-Facility: 179 Old Lakey Gap Road Inspection Date: 01/27/2015 Inspection Type: Compliance Evaluation Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ❑ ❑ ❑ Does the facility analyze process control parameters,for ex:MLSS,MCRT,Settleable ❑ ❑ ■ ❑ Solids, pH,DO,Sludge Judge,and other that are applicable? Comment: Septic Tank Yes No NA NE (If pumps are used)Is an audible and visual alarm operational? ❑ ❑ ❑ Is septic tank pumped on a schedule? ❑ ❑ 110 Are pumps or syphons operating properly? ❑ ❑ ❑ Are high and low water alarms operating properly? ❑ ❑ ❑ Comment: The septic tank should be pumped out every five years or when the solids level is found to be more than 1/3 of the liquid depth in any compartment,whichever is greater. Records of the septic tank pumping events should be kept for future compliance inspections. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ❑ ❑ ❑ O Are the tablets the proper size and type? ❑ ❑ ❑ 0 Number of tubes in use? 1 Is the level of chlorine residual acceptable? ❑ ❑ ❑ Is the contact chamber free of growth,or sludge buildup? ❑ ❑ Is there chlorine residual prior to de-chlorination? ❑ ❑ ❑ Comment: The inspectors were not able to remove the cap to inspect the tube for tablets. De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ ❑ ❑ Is storage appropriate for cylinders? ❑ ❑ ❑ #Is de-chlorination substance stored away from chlorine containers? ❑ ❑ ❑ Comment: Are the tablets the proper size and type? ❑ ❑ ❑ ■ Are tablet de-chlorinators operational? ❑ ❑ ❑ M Number of tubes in use? 1 Comment: The inspectors were not able to remove the cap to inspect the tube for tablets. Page# 3 Permit: NCG551276 Owner-Facility: 179 Old Lakey Gap Road Inspection Date: 01/27/2015 Inspection Type: Compliance Evaluation Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ® ❑ Comment: Page# 4 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald van der Vaart Governor Secretary January 29, 2015 Thomas B. McRay,COO West Caldwell Health Council, Inc. PO Drawer 9 Collettsville, North Carolina, 28611 Subject: Permit No. WQ0037567 West Caldwell Health Council, Inc. Collettsville Medical Center Wastewater Collection System Extension Permit Caldwell County Dear Mr.McRay: In accordance with your application received January 23, 2015, we are forwarding herewith Permit No. WQ0037567 dated Issued January 29, 2015, to the West Caldwell Health Council, Inc. (Permittee) for ,,��:e construction and operation upon certification of the subject wastewater collection system ,xtenslon. This permit shall be effective from the date of issuance until rescinded, and shall be subject Ao the conditions and limitations as specified therein.This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition 11.1: This permit shall not be automatically transferable; a request must be made and approved. Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained ollect on system in accordance with 15A NCAC 2T .0403 or any Individualsystem-wide permit issued to the Permittee. It shall be responsibility of the Permittee 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, ecei t of this perm have the tt to request an adjudicatory hearing upon written request within 30 days following p 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. 2090 U.S.70 Highway,swannanoa,NC 28778 Phone:828-296-4500\Internet:www ncwaterguality.or� An Equal opportunity\Affirmative Action Employer—Made in part by recycled paper West Caldwell Health Council, Inc. Permit No.WQ0037567 If you need additional information concerning this matter, please contact Tim Heim at(828)296-4500 or via e-mail at tim.heim@ncdenr.gov. Sincerely, for S.Jay Zimmerman,Acting Director Division of Water Resources, NCDENR by G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDENR cc: Kevin B.Greer, P.E. (electronic copy) Collettsville Elementary School Asheville Regional Office Files Water Resources Central Files PERCS(electronic copy) G:\WR\WQ\Caldwell\Collection Systems\Coliettsvilie Elem Collection System\Fast Track\WQ0037567 Collettsville Med Center.docx Page 2 of 9 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: [15A NCAC 02T.0108(b)]: 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. Page 5 of 9 Page 8 of 9 FAST TRACK SEWER ENGINEERING CERTIFICATION PERMITTEE: WEST CALDWELL HEALTH COUNCIL, INC. PERMIT#: WQ0037567 PROJECT: COLLETTSVILLE MEDICAL CENTER ISSUE DATE: January 29, 2015 This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the Division has received this Certification and all required supporting documentation. It should be submitted in a manner that documents the Division's receipt. Send the required documentation the Regional Supervisor,Water Quality Section at the address at the bottom. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up until a final certification is received. A Final Certification shall be a complete set of record drawings and design calculations regardless of whether partials have been submitted. 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 I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, n full time) the construction of the Collettsville Medical Center and location as referenced above for the above 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 Resources' (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 w/signature &date: ❑ Final ❑ Partial(include description) ......................................................................: Certification Comments/Qualifiers (attach if necessary): NC DWR—Water Quality Section 2090 U.S.70 Highway,Swannanoa, NC 28778 Asheville Regional Office Phone: (828)-296-4500 FAX:(828)-299-7043 m D Nf North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 30,2015 CERTIFIED MAIL 7014.0510 0000 4466 0035 RETURN RECEIPT REQUESTED Mr.Larry Wells P.O.Box 125 Leicester,NC 28748 Reference: NOTICE OF VIOLATION of the NORTH CAROLINA WELL CONSTRUCTION STANDARDS NOV-2015-CV-0001 1 Botany View Court Ext. PIN No.: 9668999817 Buncombe County,N.C. Required Response Due: February 13,2015 Dear Mr.Wells, The Water Quality Regional Operations Section(WQROS)of the Division of Water Resources(DWR)is responsible for the regulation of well construction activities within the State of North Carolina. On January 23, 2015, staff of the WQROS Asheville ,Regional Office received notification that you constructed two closed loop geothermal wells at the referenced residence.A review of our files indicated that no Notification of Intent to Construct or Operate Injection Wells form was submitted to this office for the referenced geothermal wells. Based on the review, the following violation of North Carolina's well construction standards was observed. VIOLATION 1: Two closed loop geothermal wells were installed at the referenced address without submittal of the proper notification as required in 15A NCAC 02C .0222(d). REQUIRED CORRECTIVE ACTION FOR VIOLATION: 1. Complete and submit to this office the Notification of Intent to Construct or Operate Injection Wells form for the referenced wells.No owner Property Owner/Applicant signature is required on the form. The completed form must be received in this office by February 13,2015. 2. Submit Well Construction Records for the referenced wells to this office and as directed on the GW-1 Form. 3. Notify this office of all other geothermal wells constructed by you for which the appropriate notification/permit was not submitted. A notice of violation was issued to you on October 20, 2011 for failure to obtain a permit prior to the construction of a closed loop geothermal injection well system. If additional violations are issued to you Water Quality Regional Operations—Asheville Regional Office - 2090 US Hwy 70,Swannanoa,NC 28778 Phone:828-296-46001 FAX:828-299-7043 Internet:hftp://portal.ncdenr.org/web/wq/ws An Equal Opportunity 1 Affirmative Action Employer W.Larry Wells January 30,2015 Page 2 of 2 in the future or civil penalties assessed, this notice of violation and the October 20, 2011 notice of violation will be considered in those proceedings. Pursuant to North Carolina General Statute 87-91(a), you are hereby notified of your regulatory requirements in regard to Well Construction Standards indicated in Subchapter 2C, Title 15A, of the North Carolina Administrative Code. These Standards were adopted by the Environmental Management Commission under authority granted by the North Carolina Well Construction Act. This Notice is given in accordance with North Carolina General Statutes 87-93, et.seq. If you should have any questions please do not hesitate to call Andrew Moore at 828.296.4684. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc: North Carolina Well Contractors Certification Commission ARO.file G:\WR\WQ\Buncombe\Wells\lnjection\NOV.Larry Wells.l-30-15.doc RCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary January 30, 2015 DWQ Project# 14-1330 Jackson County Mag Bear Lake, LLC Attn: Allen Jones 5001 Spring Valley Road Suite 500 W Dallas,TX 75244 Subject: Request for Additional Information Bear Lake Reserve 503, Harbor Ridge Drive Dear Mr. Jones: The Division of Water Resources (Division)has performed a preliminary review of a 401 Water Quality Certification application submitted for the above referenced.project. The Division has determined that your application is incomplete and cannot be processed. The application is on-hold until all of the following information is received: 1. Items 10. & 11. in the application propose 3,500 sq. ft. and 9,100 sq. ft of shoreline stabilization. General permit No. 198200030 conditions prescribe that bulkhead and rip-rap alignments will not extend farther water ward than an average distance of two (2)feet,maximum distance of five (5) feet from the normal pool elevation contour and may not extend more than 500 feet along a shoreline. Provide appropriate information regarding any approval by the Corp of Engineers for the proposed shoreline stabilization that exceeds 500 feet and additional explanation as to why 700 feet of stabilization is needed. The application indicates a 5 ft. x 700 ft. cleared area behind the proposed riprap area. Please explain how this activity will be executed without violating trout buffer regulations. If all of the requested information is not received in writing within 30 calendar days of receipt of this letter,the Division will be unable to approve the application and it will be returned. The return of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Internet:http:l/portal.ncdenr.org/web/wq An Equal Opportunity 1 Affirmative Action Employer Mag Bear Lake,LLC Attn: Allen Jones January 30,2015 Page 2 of 2 Please respond in writing within 30 calendar days of receipt of this letter by sending three copies of all of the above requested information to the 401 &Buffer Permitting Unit: 401 and Buffer Permitting Unit 1650 Mail Service Center Raleigh,NC 27699-1650 Please be aware that you have no authorization under the Section 401 of the Clean Water Act/Isolated Wetlands and Isolated Waters Rules/Buffer Rules for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code. Please call Tim Fox(828) 296-4664, if you have any questions. Sincerely, G. Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Asheville Regional Office ec: Chad Ensley—Ensley Properties and Excavating, LLC David Brown—USACE Asheville Regulatory Field Office Andrea Leslie-NCWRC Keith Holland-Duke Energy Laura Herbert—DEMLR Ashley Rodgers—DEMLR DWR ARO 401 files G:\WR\WQ\Jackson\401s\Non-DOT\Mag Bear Lake LLC Bear Lake Reserve\ADDINFO.401.MAGBearLakeLLCLakeReserve503 1-30-2015..doc Air : F4CDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary January 30, 2015 DWQ Project# 12-0282 V2 Jackson County Bear Lake Heaven, LLC Attn: Keith Rudman 401 N. Wabash Ave., Unit 48E Chicago, IL 60611 Subject: Request for Additional Information Bear Lake Heaven LLC PIN(7586-45-2681) Dear Mr. Rudman: The Division of Water Resources (Division)has performed a preliminary review of a 401 Water Quality Certification(WQC) application submitted for the above referenced project. The Division has determined that your application is incomplete and cannot be processed.The application is on-hold until all of the following information is received: 1. Items 10. & 11.in the application propose 3,900 sq. ft. and 8,750 sq. ft. of shoreline stabilization. General permit No. 198200030 conditions prescribe that bulkhead and rip-rap alignments will not extend farther water ward than an average distance of two (2)feet,maximum distance of five (5) feet from the normal pool elevation contour and may not extend more than 500 feet along a shoreline. Provide appropriate information regarding any approval by the Corp of Engineers for the proposed shoreline stabilization that exceeds 500 feet and additional explanation as to why 650 feet of stabilization is needed. In January, 2012, a 401 WQC was issued for approximately 240 feet of impact for shoreline stabilization at this location. Please explain if there is any correlation between this existing impact and the new proposed impact? The application describes 230 LF of stabilization on Bear Lake Heaven Property(PIN 7586-45- 2681) and 420 LF on Duke Power's set-back area. Provide an appropriate map indicating impact location and property ownership for the 420 LF section. Water Quality Regional Operations-Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Internet:http://portal.ncdenr.org/web/wq An Equal Opportunity l Affirmative Action Employer Bear Lake Heaven LLC Attn:Keith Rudman January 30,2015 Page 2 of 2 The application states a seawall will be constructed 5ft. x 650 ft. Please provide a construction detail of the seawall. The application states a cleared area 8ft. x 650 ft. Please explain how this activity will be executed without violating trout buffer regulations. If all of the requested information is not received in writing within 30 calendar days of receipt of this letter,the Division will be unable to approve the application and it will be returned. The return of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee: Please respond in writing within 30 calendar days of receipt of this letter by sending.three copies of all of the above requested information to the 401 &Buffer Permitting Unit: 401 and Buffer Permitting Unit 1650 Mail Service Center Raleigh,NC 27699-1650 Please be aware that you have no authorization under the Section 401 of the Clean Water Act/Isolated , Wetlands and Isolated Waters Rules/Buffer Rules for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code. Please call Tim Fox(828) 296-4664 if you have any questions. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office ec: William Owen—Owen Grading David Brown—USACE Asheville Regulatory Field Office Keith Holland—Duke Energy Andrea Leslie -NCWRC Laura Herbert—DEMLR Ashley Rodgers—DEMLR DWR ARO 401 files G:\WR\WQ\Jackson\401s\Non-DOT\Bear Lake Heaven LLC Keith Rudman\ADDINFO.401BearLakeHeavenLLCKeithRudman1-28-2015.doc NCDENR North Carolina Department of Environment and Natural Resources 'Pat McCrory Donald R.van der Vaart Governor Secretary January 30, 2015 DWQ Project# 14-1299 Jackson County Mark Cassels 826 Lowery Lane Franklin,NC 28732 Subject: Request for Additional Information 108.Gun Point Road Dear Mr. Cassels: The Division of Water Resources (Division)has performed a preliminary review of a 401 Water Quality Certification application submitted for the above referenced project. The Division has determined that your application is incomplete and cannot be processed. The application is on-hold until all of the following information is received: 1. Correct the agent authorization form. The agent information was not provided on the form. 2. Provide a construction detail or sketch for the proposed seawall. If all of the requested information is not received in writing within 30 calendar days of receipt of this letter,the Division will be unable to approve the application and it will be returned. The return of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. Please respond in writing within 30 calendar days of receipt of this letter by sending three copies of all of the above requested information to the 401 &Buffer Permitting Unit: 401 and Buffer Permitting Unit 1650 Mail Service Center Raleigh,NC 27699-1650 Water Quality Regional Operations—Asheville Regional Office 2090'U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Internet:http://portaLnedenr.org/web/wq An Equal Opportunity 1 Affirmative Action Employer Kathleen L.Halldin Trust January 30,2015 Page 2 of 2 Please be aware that you have no authorization under the Section 401 of the Clean Water Act/Isolated Wetlands and Isolated Waters Rules/Buffer Rules for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code. Please call Tim Fox(828) 296-4664, if you have any questions. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc: Kathleen L. Halldin Trust ec: David Brown—USACE Asheville Regulatory Field Office Keith Holland—Duke Energy Andrea Leslie-NCWRC DWR ARO 401 files G:\WR\WQVackson\401s\Non-DOT\Kathleen L.Hallidin Trust 108 Gunpoint Road\ADDINFO.401.Katl leenLHalldinTrust108GunpointRdl-30-2015..doc NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary January 30;2015 DWR# 15-0032 Jackson County David and Donna Jones 1250 Waegle Way Naples,FL 34108 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Stone Bridge Road Lot 2 Dear Mr. &Mrs. Jones: In accordance with your application dated December 18,2014, approval has been granted for the impacts listed in the table below. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and any additional conditions listed below. Project impacts are covered by the attached Water Quality General Certification Number 3898 and the >onditions listed below. This certification is associated with the use of General Permit Number 30 issued by the U.S.Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with your project, including those required by(but not limited to) Erosion and Sediment Control,Water Supply Watershed and Trout Buffer regulations. IMPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts., Type of Impact Amount Approved Permanent Above Pool Below Pool Open Waters 0.013 (acres) 0.013 (acres) 4 Water Quality Regional Operations—Asheville Regional Office 2090 US Hwy 70,Swannanoa,NC 28778 Phone:828-296-45001 FAX:828-299-7043 Internet:hftp:flportal.nedenr.org/web/wg4s An Equal Opportunity 1 Affirmative Action Employer David&Donna Jones January 30,2015 Page 2 of 3 ADDITIONAL CONDITIONS 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. 2. All banks shall be laid back to at least a 2:1 (length : height) slope and riprap applied at the water/land interface (at full pool). Riprap shall be placed as a linear protective measure upon the regraded slopes. Stone used in stabilization shall be of a size and density sufficient to prevent movement by wave or current action and shall consist of clean rock or masonry material free of debris or toxic pollutants. The rip-rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall. 3. Replant or allow the re-establishment of native vegetation in areas within the project boundary where it has been removed. Per Exhibit 1 of the Duke Shoreline Management Guidelines. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty (60) calendar days. A petition form may be obtained from the OAH at http://w-,vw.ncoah.com/or by calling the OAH Clerk's Office at(919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm,excluding official state holidays). The petition maybe faxed to the OAH at(919)431-3100,provided the original and one copy of the petition along with any applicable OAH filing fees received by the OAH within five (5)business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 ,ma Jones J,2015 of 3 One (1) copy of the petition must also be served to DENR: John Evans, General Counsel Department of Environment and Natural Resources. 1601 Mail Service Center Raleigh,NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H 0.500. Please contact Tim Fox at 828-296-4664 or tim.fox ,ncdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G.,Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3898 Certificate of Completion _Ic: DWR ARO 401 files ec: Bob Martin—Bobs Docks Kevin Holland Duke Energy David Brown- USACE Asheville Regulatory Field Office Laura Herbert—DEMLR Ashley Rodgers - DEMLR G:\WR\WQ\Jackson\401s\Non-DOT\Jones-Stone Bridge Road Lot 2\APRVL.401Jones-Stone Bridge Road Lot2 1-30-2015.doc /� \ 1 \. ., I - �.._..� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 30, 2015 DWR# 14-1331 Jackson County Mark Mariani 5034 NW 24th Cir., Boca Raton, FL 33431 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Bear Lake Reserve Lot 290, 490 Shoreline Drive Dear Mr. Mariani: In accordance with your application dated December 5, 2014, approval has been granted for the impacts listed in the table below. This approval requires you to follow the conditions fisted in the enclosed certification(s) or general permit and any additional conditions listed below. Project impacts are covered by the attached Water Quality General Certification Number 3898 and the onditions listed below. This certification is associated with the use of General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with your project, including those required by(but not limited to) Erosion and Sediment Control, Water Supply Watershed and Trout Buffer regulations. IMPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are meta No other impacts are approved, including incidental impacts. Type of Impact Amount Approved Permanent Open Waters Above Pool Below Pool 0.0367 (acres) 0.023 (acres) Water Quality Regional Operations—Asheville Regional Office 2090 US Hwy 70,Swannanoa,NC 28778 Phone:828-29645001 FAX:828-299-7043 Internet:http:l/portal.ncdenr.org/web/wq/ws An Equal Opportunity 1 Affirmative Action Employer Mark Mariani January 30,2015 Page 2 of 3 ADDITIONAL CONDITIONS 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. 2. All banks shall be laid back to at least a 2:1 (length : height) slope and riprap applied at the water/land interface (at full pool). Riprap shall be placed as a linear protective measure upon the regraded slopes. Stone used in stabilization shall be of a size and density sufficient to prevent movement by wave or current action and shall consist of clean rock or masonry material free of debris or toxic pollutants. The rip-rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall. 3. Replant or allow the re-establishment of native vegetation in areas within the project boundary where it has been removed. Per Exhibit 1 of the Duke Shoreline Management Guidelines. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written l`, petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. A petition form may be obtained from the OAH at http://,,vww.ncoah.com/or by calling the OAH Clerk's Office at(919) 431-3000 for information. Apetition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours(Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 ani 30,2015 .s of 3 One (1) copy of the petition must also be served to DENR: John Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H 0.500. Please contact Tim Fox at 828-296-4664 or tim.fox_a),ncdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3898 Certificate of Completion ,cc: DWR ARO 401 files ec: Chad Ensley-Ensley Properties and Excavating, LLC Kevin Holland—Duke Energy David Brown- USACE Asheville Regulatory Field Office Laura Herbert—DEMLR Ashley Rodgers - DEMLR G:\WR\WQ\Jackson\401s\Non-DOT\Mark Mariani-Bear Lake 440 Shoreline Drive\APRVL.401MarkMariani490ShorelineDrl-30-2015.doc 74-WAA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 30, 2015 Mr. R. Belvin Hall, Assistant Director, Maintenance Buncombe County Schools 175 Bingham Road Asheville, North Carolina 28806 Subject: NOTICE OF VIOLATION NOV-2016-LV-0040 Permit No. NCO066788 Fairview Elementary School WWTP Buncombe County Dear Mr. Hall: A review of Fairview Elementary School's WWTP monitoring report for August 2014 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 08/27/2014 400.000 1,410.000 Daily Maximum Broth,44.5C #/loom[ #/100m1 Exceeded Coliform, Fecal MF, M-FC 08/31/2014 200.000 1,410.000 Daily Maximum Broth,44.5C #/100ml #/10oml 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 response be submitted. The Division of Water Resources 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, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement 'RPB Systems/ORC G:VNIR'WQIBurcombe\'iVastewater!Minors4Fairrsew Elementary 66788,NbV-2015-LV-QD46.doc Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)296-4500 Pax: (828)299-7043 Internet: http://portal,ncdenr.org/web/wq An Equal Opportunity/Affirmative Action Employer WA &114 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 30, 2015 Mr. R. Belvin Hall, Assistant Director, Maintenance Buncombe County Schools 175 Bingham Road Asheville, North Carolina 28806 Subject: NOTICE OF VIOLATION NOV-2016-LV-0041 Permit No. NCO073814 North Buncombe Elementary School WWTP Buncombe County Dear Mr. Hall: A review of North Buncombe Elementary School's WWTP monitoring report for August 2014 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 08/28/2014 400.000 1,550.000 Daily Maximum Broth,44.5C #/loom[ #/loom[ Exceeded Coliform, Fecal MF, M-FC 08/31/2014 200.000 1,550.000 Daily Maximum Broth,44.5C #/loom[ #/looml 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 Resources 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 828/296-4600. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement RPB Systems/ORC G:\trVR;' tVQkBuncorribetliVastewater?MlnorslNonh Sunc Eiem Sch 738141NOV-20151V-0041.doc Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)296-4500 Fax: (828)299-7043 Internet: hdp://podai,ncdenr.org/web/wq An Equal Opportunity/Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart governor Secretary January 30, 2015 Kenneth Rhew, Director of Facilities Services Deerfield Episcopal Retirement Community 1617 Hendersonville Road Asheville, NC,28803 Subject: Permit No.WQ0037568 Deerfield Episcopal Retirement Community Deerfield Cottages Expansion Wastewater Collection System Extension Permit Buncombe County Dear Mr. Rhew: in accordance with your application received January 26, 2015, we are forwarding herewith Permit No. WQ0037568 dated January 30, 2015, to the Deerfield Episcopal Retirement Community (Permittee) for the construction and operation upon certification 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 shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition 11.1: This permit shall not be automatically transferable; a request must be made and approved. 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 Permittee 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. 2090 U.S.70 Highway,Swannanoa,NC 28778 Phone:828-296-4500\Internet:www.ncwaterguality.org An Equal Opportunity\Affirmative Action Employer-Made in part by recycled paper Deerfield Episcopal Retirement Community Permit No.WQ0037568 If you need additional information concerning this.matter, please contact Tim Heim at(828) 296-4500 or via e-mail at tim.heim@ncdenr.gov. Sincerely, for S.Jay Zimmerman,Acting Director Division of Water Resources, NCDENR by G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDENR cc: Scott Burwell, P.E. (electronic copy) Ed Bradford, Buncombe County Metropolitan Sewerage District Asheville Regional Office Files Water Resources Central Files PERCS(electronic copy) f Page 2 of 9 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 Deerfield Episcopal Retirement Community(City of Asheville) Buncombe County for the construction and operation of approximately 2,438 linear feet of 8-inch gravity sewer to serve an expansion of 27 two bedroom units for the Deerfield Cottages as part of the Deerfield Cottages Expansion project, and the discharge of 5,400 gallons per day of collected domestic wastewater into the Buncombe County Metropolitan Sewerage District existing sewerage system, pursuant to the application received January 26, 2015,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. for Thomas A. Reeder, Director Division of Water Resources,NCDENR . By Authority of The Environmental Management Commission Permit Number: WQ0037568 Permit Issued: January 30,2015 Page 3of9 SUPPLEMENT TO PERMIT COVER SHEET Deerfield Episcopal Retirement Community 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 Buncombe County Metropolitan Sewerage District Wastewater Treatment Facility in accordance with Permit Number NC0024911. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division's 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 I. 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. [15A NCAC 02T.0104;G.S 143-215.1(d3)] 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'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 materials unless specifically mentioned herein. [15A NCAC 02T.0110] 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. [15A NCAC 02T.0110] 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: [15A NCAC 02T.0108(b)]: 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. Page 4 of 9 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. The Permittee shall report by telephone to a water resources staff member at the Asheville Regional Office, telephone number (828) 296-4500,;as soon as possible, but in no case more than 24 hours, fo•Ilowing 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) Page 5 of 9 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part l 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. [G.S.143- 215.1C(a1)] 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. [15A NCAC 02T.0108(b)] 7. 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 applicable design calculations including pipe and pump sizing, velocity, pump cycle times,and level control settings, pump station buoyancy,wet well storage, surge protection, detention time in the wet well, and force main, ability to flush low points in force mains with a pump cycle, and downstream sewer capacity analysis. If a portable power source or pump is dedicated to multiple stations, an evaluation of all the pump stations'storage capacities and the rotation schedule of the portable powersource or pump, include travel timeframes,shall be provided. 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 Page 6 of 9 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. [15A NCAC 02T.0116] 8. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined, a slope variance can be requested from the Division with firm supporting documentation. This shall be done through a permit modification with fee. Such variance requests will be evaluated on a case-by-case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification. [15A NCAC 02T.0105(n)] 9. A copy-of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. [15A NCAC 02T.0116] 10. 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. [15A NCAC 02T.0104; 15A NCAC 02T.0108(b-c)] 11. 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. [15A NCAC 02T.0110; 15A NCAC 02T.0108(b)] 12. 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 the Division any other Federal, State, or Local government agencies which have jurisdiction or obtaining other permits which maybe required by the Division or any other Federal,State,of Local government agencies. [G.S. 143-215.1(b)] Page 7 of 9 THIS PAGE INTENTIONALLY LEFT BLANK. Page 8 of 9 FAST TRACK SEWER ENGINEERING CERTIFICATION PERMITTEE: Deerfield Episcopal Retirement Community PERMIT#: WQ0037568 PROJECT: Deerfield Cottages Expansion ISSUE DATE: January 30, 2015 This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the Division has received this Certification and all required supporting documentation. It should be submitted in a manner that documents the Division's receipt. Send the required documentation the Regional Supervisor, Water Quality Regional Operations Section at the address at the bottom. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up until a final certification is received. A Final Certification shall be a complete set of record drawings and design calculations regardless of whether partials have been submitted. 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 I, as a duly registered Professional En ineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, full time) the construction of the project name and location as referenced above for the above 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 Resources' (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 w/signature &date: ❑ Final ❑ Partial (include description) ....................................................................... Certification Comments/Qualifiers(attach if necessary): NC DWR—Water Quality Regional Operations Section 2090 U.S.70 Highway,Swannanoa, NC 28778 Asheville Regional Office Phone: (828)-296-4500 FAX: (828)-299-7043 A MCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary January 30,2015 DWR# 14-1286 Jackson County Kathryn S. Thomas 3 022 Windward Jupiter, FL 33477 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION 149 Lake Side Village Dear Ms. Thomas: In accordance with your application dated December 8,2014,approval has been granted for the impacts listed in the table below. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and any additional conditions listed below. Project impacts are covered by the attached Water Quality General Certification Number 3898 and the ,< onditions listed below. This certification is associated with the use of General Permit Number 30 issued by the U.S.Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with your project, including those required by(but not limited to) Erosion and Sediment Control, Water Supply Watershed and Trout Buffer regulations. IMPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved Permanent Open Waters Above Pool Below Pool 0.004 (acres) 0.003 (acres) Water Quality Regional Operations—Asheville Regional Office 2090 US Hwy 70,Swannanoa,NC 28778 Phone:828-296-45001 FAX:828-299-7043 Internet:http://portal.nrdenr.org/web/wglws. An Equal Opportunity 1 Affirmative Action Employer Kathryn Thomas January 30,2015 Page 2 of 3 ADDITIONAL CONDITIONS 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project,you must notify the Division and you may be required to submit new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. 2. All banks shall be laid back to at least a 2:1 (length : height) slope and riprap applied at the water/land interface (at full pool). Riprap shall be placed as a linear protective measure upon the regraded slopes. Stone used in stabilization shall be of a size and density sufficient to prevent movement by wave or current action and shall consist of clean rock or masonry material free of debris or toxic pollutants. The rip-rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall. 3. Replant or allow the re-establishment of native vegetation in areas within the project boundary where it has been removed. Per Exhibit 1 of the Duke Shoreline Management Guidelines. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written . petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000 for information. A petition is considered filed when the original and one(1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 stomas 30,2015 3 of 3 One (1) copy of the petition must also be served to DENR: John Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H 0.500. Please contact Tim Fox at 828-296-4664 or tim.foxancdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3898 Certificate of Completion -cc: DWR ARO 401 files ec: Toy Keller Kevin Holland—Duke Energy David Brown-USACE Asheville Regulatory Field Office Andrea Leslie—NCWRC G:\WR\WQ\Jackson\40ls\Non-DOT\Thomas 149 Lakeside Village\APRVL.401Thomas 149 LakesideVillagel-30-2015.doe NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary January 30, 2015 DWR# 15-0099 Jackson County William R. &Jenna H. Olsen 4371 N. Buckhead Drive Atlanta, GA 30342 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Olsen Lot 7 Lake Breeze Drive Dear Mr. & Mrs. Olsen: In accordance with your application dated January 16,2015, approval has been granted for the impacts listed in the table below. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and any additional conditions listed below. "'roject impacts are covered by the attached Water Quality General Certification Number 3898 and the .onditions listed below. This certification is associated with the use of General Permit Number 30 issued by the U.S.Army Corps of Engineers.Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with your project, including those required by(but not limited to) Erosion and Sediment Control, Water Supply Watershed and Trout Buffer regulations, IMPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are meta No other impacts are approved, including incidental impacts. Type of Impact Amount Approved Permanent Open Waters Above Po-01-7 Below Pool 0.0149 (acres) 0.006 (acres) Water Quality Regional Operations—Asheville Regional Office 2090 US Hwy 70,Swannanoa,NC 28778 Phone:828-296-45001 FAX:828-299-7043 Internet:http://portal.ncdenr.org/web/wq/ws An Equal Opportunity\Affirmative Action Employer William R.&Jenna H.Olsen January 30,2015 Page 2 of 3 ADDITIONAL CONDITIONS 1 This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. 2. All banks shall be laid back to at least a 2:1 (length height) slope and riprap applied at the water/land interface (at full pool). Riprap shall be placed as a linear protective measure upon the regraded slopes. Stone used in stabilization shall be of a size and density sufficient to prevent movement by wave or current action and shall consist of clean rock or masonry material free of debris or toxic pollutants. The rip-rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall. 3. Replant or allow the re-establishment of native vegetation in areas within the project boundary where it has been removed. Per Exhibit 1 of the Duke Shoreline Management Guidelines. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 15013 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. A petition form may be obtained from the OAH at http://,,ww.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919) 431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5)business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 .c&Jenna H.Olsen y 30,2015 ,0 3 of 3 One(1) copy of the petition must also be served to DENR: John Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H 0.500. Please contact Tim Fox at 828-296-4664 or tim.fox(c�r�ncdenr.g�ov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3898 Certificate of Completion `cc: DWR ARO 401 files ec: Kevin Holland—Duke Energy David Brown-USACE Asheville Regulatory Field Office Andrea Leslie -NCWRC Laura Herbert—DEMLR Ashley Rodgers - DEMLR G:\WR\WQ\Jackson\401s\Non-DOT\Olsen lot 7 Lake Breeze Drive\APRVL.401OlsenLot7LakeBreezeDrive1-30-2015.doe