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HomeMy WebLinkAboutDWR SWP Read File Archive Jan 2009 Michael F.Easley,Governor FR QG William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director tP� Division of Water Quality -1 p Asheville Regional Office SURFACE WATER PROTECTION SECTION January 2, 2009 Mr. Bill Green Town of Andrews Post Office Box 1210 Andrews, North Carolina 28901 Subject: Town of Andrews Permit No. WQCS00103 Wastewater Collection System Map Cherokee County Dear Mr. Green: Thank your for sending me a copy of the Town of Andrews sewage collection system map prepared by Cherokee County. The County did a fine job of taking the NCONEMAP data and producing a good starter collection system map. I have discussed with Trevor Lovin, Cherokee County GIS Coordinator, where we go from here. Trevor indicates a willingness to help the Town further. if you will, ask Red and Sammy to locate all manholes and missing sewers on one of your paper copies, then the County could incorporate that new information into the map. I encourage you to keep this project moving along. Sincerely, Roy Davis Environmental Engineer Cc: ,PERCS Files Surface Water Protection Central Files Deborah Weatherly, Cherokee County No thCarolina PP 9 G:\WPDATA\DEMWQ\Cherokee\Andrews Collection System\Andrews, Letter re Ma in 08.doc naturally 2090 U.S.Highway 70, Swannanoa,N.C. 28778 828/296-4500(Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 Michael F.Easley,Governor �QWilliam G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources r Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION January 2, 2009 Lee Smith City of Hendersonville PO Box 1760 Hendersonville NC 287931760 SUBJECT: Compliance Evaluation Inspection Hendersonville WWTP Permit No: N00025534 Henderson County Dear Mr. Smith: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection, which I conducted at the facility on December 11, 2008. 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 provided by Vincent Edwards during the inspection was greatly appreciated. If you or your staff has any questions, please do not hesitate to contact me at 296-4500. Sincerely, Keith HaY ne Environmental Senior Specialist Enclosure cc: Vincent L Edwards, ORC Central Files Asheville.Files NorthCarolina Xaturally 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone: (828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. EPA /t Washington,D.C.20460 OMB No.2040-0057 Gf�f'1 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 I NI 2 U-I 31 NCO025534 ' 11 121 08/12/11 117 18L 191 SI 20U Remarks !e 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67I 169 701 I 711 I 721 73 W 74 751 I I I I I Li 80 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) Hendersonville WWTP 09:50 AM 08/12/11 06/06/01 80 Balfour Rd Exit Time/Date Permit Expiration Date Hendersonville NC 28792 12:05 PM 08/12/11 10/12/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Scott Chovan//828-696-0874 / Vincent Edwards//828-697-3077 / 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) Permit Flow Measurement Operations&Maintenance ®Records/Reports Self-Monitoring Program ■Facility Site Review Effluent/Receiving Waters .Laboratory Section D: Summary of Find in /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 Keith Haynes ARO WQ//828-296-4500/ / 0 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ARO WQ//828-296-4500/ r EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3I NCO025534 I11 12I 08/12/11 I17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The facility is very well maintained and properly operated. It is suggested that a back-up for the facility operations computer be obtained. Flow readings and other operational data could be lost in the instance of a computer malfunction. Page# 2 Permit: NCO025534 Owner-Facility: Hendersonville WWTP Inspection Date: 12/11/2008 Inspection Type: Compliance Evaluation 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? ■ 0011 Is the ORC certified at grade equal to or higher than the facility classification? 1300 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: DMRs were not reviewed as a DWQ Lab Certification Inspection was performed at the lab about 2 weeks prior to this inspection. This DMR review aspect is partially performed monthly through the DWQ BIMS database. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ U U — 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? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Influent Sampling Yes No NA NE Page# 3 Permit: NCO025534 Owner-Facility: Hendersonville WWTP Inspection Date: 12/11/2008 Inspection Type: Compliance Evaluation Influent Sampling Yes No NA NE #Is composite sampling flow proportional? ■ ❑ ❑ ❑ Is sample collected above side streams? ■ ❑ ❑ ❑ 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 sampling performed according to the permit? ■ ❑ ❑ ❑ Comment: According to the sampler read-out 95 ml samples were being collected. At least 100 ml must be collected per sample. The tubing should be relocated so that the purge cycle can remove all previously collected sample from the tubing. In other words at less of an angle. Pump Station -Influent Yes No NA NE Is the pump wet well free of bypass lines or structures? ■ ❑ ❑ ❑ Is the wet well free of excessive grease? ■ ❑ ❑ ❑ Are all pumps present? ■ ❑ ❑ ❑ Are all pumps operable? ■ ❑ ❑ ❑ Are float controls operable? ■ ❑ ❑ ❑ Is SCADA telemetry available and operational? ■ D ❑ ❑ Is audible and visual alarm available and operational? ■ ❑ ❑ ❑ Comment: 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: The facility is extremely well maintained. far Screens --- _ ..es--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? ■ Q ❑ ❑ Page# 4 Permit: NCO025534 Owner-Facility: Hendersonville WWTP Inspection Date: 12/11/2008 Inspection Type: Compliance Evaluation Bar Screens Yes No NA NE Is the unit in good condition? ■ ❑ ❑ ❑ Comment: Screenings disposed of in Palmetto landfill- 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: Disposed of in Palmetto Landfill 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: The DO in some areas was slightly less than 1.0 mg/I. The operator increased the air to improve these lower readings. 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? ■ ❑ ❑ Q Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑ Is scum removal adequate? ■ ❑ ❑ ❑ Is the site free of excessive floating sludge? ■ ❑ ❑ ❑ Page# 5 Permit: NC0025534 Owner-Facility: Hendersonville WWTP Inspection Date: 12/11/2008 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE 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%4 of the sidewall depth) ® ❑ ❑ ❑ Comment: The south clarifer had a small amount of floating grease particles that was not noticed on the north clarifier. Filtration (High Rate Tertiary) Yes No NA NE Type of operation: Down flow Is the filter media present? ■ ❑ ❑ ❑ Is the filter surface free of clogging? ■ ❑ Cl n Is the filter free of growth? ■ ❑ n ❑ Is the air scour operational? ■ ❑ ❑ ❑ Is the scouring acceptable? ■ ❑ ❑ ❑ Is the clear well free of excessive solids and filter media? ■ ❑ ❑ ❑ Comment: Disinfection -UV Yes No NA NE Are extra UV bulbs available on site? ■ ❑ ❑ ❑ Are UV bulbs clean? ■ ❑ ❑ ❑ Is UV intensity adequate? ■ ❑ ❑ Cl Is transmittance at or above designed level? ■ ❑ ❑ ❑ Is there a backup system on site? ❑ ■ ❑ ❑ Is effluent clear and free of solids? ■ ❑ Cl ❑ Comment: The only back-up is extra bulbs. There are two banks of which only one is normally Flow Measurement-Influent 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: Claibration records were on site. Flow Measurement-Effluent Yes No NA NE Page# 6 Permit: NCO025534 Owner-Facility: Hendersonville WWTP Inspection Date: 12/11/2008 Inspection Type: Compliance Evaluation Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? ❑ ■ n ❑ Is flow meter calibrated annually? ❑ ■ Cl ❑ Is the flow meter operational? ® ❑ n n (If units are separated)Does the chart recorder match the flow meter? ® ❑ ❑ ❑ Comment: Records indicating calibration were not found. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ® ❑ ❑ n 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)? ■ Cl ❑ ❑ Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ■ (_1 n n Comment: As with the influent sampler, the sample line should be relocated so the purged sample can be adequately removed during the purge cycle. 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? ■ n ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ ❑ Comment: Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? ■ ❑ ❑ ❑ Are all other parameters(excluding field parameters)performed by a certified lab? ■ ❑ ❑ ❑ #Is the facility using a contract lab? ■ ❑ n n #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ ❑ ❑ ❑ Incubator(Fecal Coliform)set to 44.5 degrees Celsius+/-0.2 degrees? ■ ❑ ❑ n Incubator(BOD)set to 20.0 degrees Celsius+/-1.0 degrees? ■ ❑ ❑ ❑ Comment: Mertek performs mercury analyses. Pace labs analyzes other metals and any parameters that the Hendersonville WWTP lab does not perform. Page# 7 ��_ �_ ,,- ��J Surface Water Protection Division of Water Quality January 5, 2009 Memorandum: TO: Matt Matthews Wetlands and Stormwater Branch Supervisor d ✓ FROM: Roger C. Edwards Asheville Regional Office PREPARED BY: Linda Wi s gg ` SUBJECT: Enforcement Recommendation LGI LAND NC, LLC Chocolate Drop Mountain 15A NCAC 2B .0211(3)f 15A NCAC 2B .0211 (3)k Polk County,NC Enclosed is an enforcement recommendation package for LGI LAND NC, LLC in Polk County, NC. Linda Wiggs of the Asheville Regional Office conducted a site inspection on 4/11/08, 4/18/08, 8/4/08, 9/10/08, and 11/21/08. A Notice of Violation and Recommendation for Enforcement was issued on May 5, 2008. On 4/11/08, 4/18/08, 8/4/08, 9/10/08, and 11/21/08, sediment impacts (15A NCAC 2B .0211(3)f)were observed. On 4/29/08, 9/10/08, elevated turbidity levels (15A NCAC 2B .0211 (3)k) in the downstream lake were documented. Division of Land Resources has an Enforcement Action against LGI LAND NC, LLC,for the Chocolate Drop Mountain Development. SURFACE WATER PROTECTION SECTION ENFORCEMENT CASE FACTORS Type: Violations of Surface Water Quality Standards Violator: LGI LAND NC, LLC Mr. F M Alanis, Address: 19221 IH 45 South Suite 200 Conroe,Texas 77385 Location: Chocolate Drop Mountain Polk County,NC Regional Office: Asheville Region 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 violations; Approximately 1600 linear feet of Unnamed Tributary to White Oak Creek (Class C-Trout waters within the Broad River Basin) has been impacted from the deposition of sediment. Sediment accumulation in the stream channels range from 6 to 48 inches deep. These impacts from sedimentation within the stream channels occurred from the construction/development at this site. 2. The duration and gravity of the violations; On 4/11/08, 4/18/08, 8/4/08, 9/10/08, and 11/21/08, DWQ staff conducted site inspections and observed impacts to approximately 1600 linear feet of stream from sedimentation. a Turbidity violations were observed by.DWQ on 4/29/08, 9/10/08. a DLR has an Enforcement action in Raleigh against developer. a' Downstream landowner and DLR have been dealing with Chocolate Drop Mountain prior to D.WQ involvement 3. The effect on surface water quality; Impacts from sedimentation within the stream channel occurred from the construction/development at this site. Sediment accumulation in the stream ranged from 6 to 48 inches deep. Consequently, the riffle pools, streambed substrate, and respective habitat available for aquatic life had been blanketed/covered by sediment. It should be noted that sediment and turbidity can impact surface waters through several ways, including: (1) Scouring or physical abrasion of the stream channel that influences aquatic biota(primary producers, periphyton, and heterotrophic decomposers); (2) Clogging of fish gills which are critical for respiration; (3) Sediment loading results in the increased cost to treat drinking water, degrades wildlife habitats, decreases water storage in reservoirs, increases the cost of culvert and bridge maintenance (which results in an increased frequency of dredging and flooding); (4) Increased turbidity can restrict light from the water column thus inhibiting photosynthesis for plant growth and reproduction. 4. The cost of rectifying the damage; The cost for rectifying the damage to the environment is difficult to determine. The main costs would be related to the removal of sediment and restoration of the stream channel and the lake, the repair of the riparian areas, and if necessary lake water filtration to remove suspended solids. The cost associated with damage to the aquatic habitat is unknown. Owners Consultant has been informed of necessary restoration activities required as noted in May 27, 2008 response to NOV. 5. The amount of money saved by noncompliance; The failure to implement and/or maintain proper sediment controls represent expenses that were avoided during the construction/development at this site. The dollar amount is unknown. 6. Whether the violations were committed willfully or intentionally; There is no evidence to suggest that the impacts were committed willfully or intentionally,but rather due to sediment mismanagement issues relating to the construction/development at this site. However,the ongoing problems at this site are a concern. DLR is requiring Geotechnical Evaluations of Chocolate Drop Mountain due to landslide concerns. 7. The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; DLR has Enforcement Case against developer. 8. The cost to the State of the enforcement procedures. RO STAFF 16 hours @ $26.61 $XXX.XX RO SUPERVISOR 1 hours,@ $39.17 $XXX.XX Mileage 300,miles @ $0.37/mi-le $XXX.XX Central Office Review and Processing $100.00 Total $ I - �. ��-� l \�.� STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL COUNTY OF POLK RESOURCES IN THE MATTER OF ) CASE NO. PC-2008-0092 LGI LAND NC, LLC ) FINDINGS AND DECISION AND ASSESSMENT OF FOR VIOLATIONS OF: ) CIVIL PENALTIES 15A NCAC 2B .0211(3)f 15A NCAC 2B .0211 (3)k ) Acting pursuant to North Carolina General Statues (G.S.) 143-215.6A, I, Matt Matthews, of the Division of Water Quality(hereby known as DWQ), make the following: I. FINDING OF FACT A. LGI LAND NC,LLC owned property located at Chocolate Drop Mountain Road in CHOCOLATE DROP MOUNTAIN SUBDIVISION, in Polk,North Carolina. B. LGI LAND NC,LLC is a company organized and existing under the laws of the State of North Carolina. C. On 4/11/08, DWQ staff conducted a site inspection and observed that approximately 1600 linear feet of streams had been impacted from the deposition of sediment. Sediment accumulation in the stream of greater than 6 inches deep. D. On 4/18/08, DWQ staff conducted a site inspection and observed that approximately 1600 linear feet of streams had been impacted from the deposition of sediment. Sediment accumulation in the stream ranged from 6 to 48 inches deep. E. On 8/4/08, DWQ staff conducted a site inspection and observed that approximately 1600 linear feet of streams had been impacted from the deposition of sediment. Sediment accumulation in the stream ranged from 6 to 48 inches deep. F. On 9/10/08, DWQ staff conducted a site inspection and observed that approximately 1600 linear feet of streams had been impacted from the deposition of sediment. Sediment accumulation in the stream ranged from 6 to 48 inches deep. ----------G-- -On-1-1-/2-H08,—DWQ-staff--conducted a-site--inspection arrd-observed-that-approximately 1600 linear feet of streams had been impacted from the deposition of sediment. Sediment accumulation in the stream ranged from 6 to 48 inches deep. H. Title 15A North Carolina Administrative Code 2B .0211 (3)f requires that"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 i I. On 4/29/08, DWQ staff conducted a site inspection and documented turbidity levels greater than 25 NTU in lake downstream of Chocolate Drop Mountain. LGI LAND NC,LLC Polk County Page 2 of 3 J. On 9/10/08,DWQ staff conducted a site inspection and documented turbidity levels greater than 25 NTU in lake downstream of Chocolate Drop Mountain. K. Title 15A North Carolina Administrative Code 2B .0211 (3)k requires that"Turbidity: the turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters,the turbidity shall not exceed 25 NTU." L. The impacts occurred to Unnamed Tributary to White Oak Creek, Class C-Tr waters within the Broad River Basin. M. The cost to the State of the enforcement procedures in this matter totaled$xxx.xx. Based upon the above Finding of Fact, I make the following: IL CONCLUSION OF LAW A. LGI LAND NC, LLC is a"person"within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212 (4). B. The Unnamed Tributary to White Oak Creek located at the site constitutes waters of the State within the meaning of G.S. 143-212 (6). i C. On five occasion, LGI LAND NC, LLC violated 15A NCAC 213 .0211(3)f by impacts to over 1600 linear feet of stream from the deposition of 6 to 48 inches of sediment. D. On two occasion,LGI LAND NC, LLC violated 15A NCAC 213 .0211(3)k by turbid water impacts to downstream lake. E. LGI LAND NC, LLC may be assessed civil penalties in this matter pursuant to G.S. 143- 215.6A(a)(1),which provides that a civil penalty of not more than twenty-five thousand dollars($25,000)per violation per day may be assessed against a person who violates any classification,standard, limitation, or management practice established pursuant to G.S. 143-214.1, 143-214.2, or 143-215. F. LGI LAND NC, LLC may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(6) which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00)per violation may be assessed against a person who violates a rule of the Commission implementing this Part, Part 2A of this Article,or G.S. 143-355(k). G. The State's enforcement cost in this matter may be assessed against LGI LAND NC, LLC pursuant to G.S. 143-215.3 (a)(9)and G.S. 14313-282.1 (b)(8). H. Matt Matthews of the Division of Water Quality,pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION ,AND NC,LLC ,x County Page 3 of 3 Accordingly, LGI LAND NC,LLC is hereby assessed a civil penalty of: $ for five(5)violations of 15A NCAC 2B .0211(3)f by impacts to over 1600 linear feet of stream from the deposition of 6 to 48 inches of sediment. $ for two(2)violations of 15A NCAC 2B.0211(3)k by turbid water impacts to downstream lake. $ TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A $ Enforcement Cost $ TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of penalty, I considered the factors set out in 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 Date Matt Matthews Division of Water Quality Michael F.Easley,Governor Q William G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION January 5, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED—7007 1490 0004 0798 9692 Mr. Steve Vermillion Northridge Commons 1600 Camden Rd Charlotte,NC 28203 CERTIFIED MAIL RETURN RECEIPT REQUESTED—70071490 0004 0798 9708 Taylor and Murphy Construction Company 1121 Brevard Rd Asheville,NC 28816 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Northridge Commons DWQ Tracking Number: NCR000781 NOV-2009-PC-0004 Construction Stormwater Permit NCG010000 Buncombe County Dear Mr. Vermillion and Taylor and Murphy Company: On December 11, 2008, Linda Wiggs from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection for Northridge Commons along Highway 25/70 and 19/23/I-26 in Buncombe County. Site representatives were not present during inspection. Construction Stormwater Permit NCGO 10000 violations were noted during the inspection, which was conducted during a light rainfall event. At the time of the inspection, stormwater control measures were either failing or inadequate. Due to ongoing violations at this site, enforcement is imminent. As a result of the site inspection and file review, the following violations, detailed below, were noted: North Carolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www,.ncwaterquality.org FAX (828)299-7043 1-877-623- 6748G:\WPDATA\DEMWQ\Buncombe\Stormwater Construction NCGO1\NorthRidge-WalmartNCRO00781\nov-2009-pc-0004.doc An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper NorthRidge Commons Page 2 of 3 January 5, 2009 VIOLATIONS I. Construction Stormwater Permit NCG010000 - A Construction Stormwater Permit (NCGO10000) is issued upon the approval of an Erosion and Sedimentation Control Plan for sites greater than one acre. Specifically, the NCG010000 Permit authorizes discharge of stormwater under the National Pollutant Discharge Elimination System (NPDES) in accordance with Title 15 A North Carolina Administrative Code 2H.0100. a. Schedule of Compliance (Part I. Section C. No. 2) Failure to operate and maintain stormwater controls to optimum efficiency as cited by Buncombe County Erosion Control inspection dated 12/1/08, represents a violation of NCGO10000 Permit. b. Final Limitations and Controls for Stormwater Discharges (Part I. Section A. No.2) Failure to follow Erosion Control Plan,as cited by Buncombe County Erosion Control inspection dated 12/1/08, represents a violation of NCGO10000 Permit. REQUIRED RESPONSE This Office requests that you respond in writing within 15 days of receipt of this Notice. Your response should be sent to both the attention of Linda Wiggs, Division of Water Quality, 2090 USi HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699- 1617. Your response should address the following items: I. Construction Stormwater Permit NCG010000 a. Please detail the events that resulted in non-compliance with the above-mentioned . NCGO10000 permit conditions. 'b. Please explain when you anticipate being in full compliance with the NCG010000 Permit and your Erosion and Sediment Control Plan. This is the third NOV for ongoing permit condition violations relating to continued failure to maintain and operate stormwater control measure to optimum efficiency. Previous NOVs (NOV- 2008-pc-0182 and NOV-2008-pc-0527), which include stream standard violations, are not considered resolved. Thank you for your attention to this matter. This Office will be sending a recommendation for enforcement to the Director of the Division of Water Quality regarding previous NOVs, and the issues noted in this letter. Your above-mentioned response to this correspondence will be - considered in this process. This office requires that the violations, as detailed above, be abated .;ommons Page 3 of 3 2009 .mediately. 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 Linda Wiggs at(828) 296-4500. Sincerely, U Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Buncombe County Planning �\ ,\ �-• \sue � � �`�...�; Michael F.Easley,Governor p William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director —i Division of Water Quality `C Asheville Regional Office SURFACE WATER PROTECTION January 5, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9685 Boyd Coffey and Sons Nurseries 5016 Valleyview Circle Lenoir,NC 28645 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Boyd Coffey and Sons Nurseries NOV-2009-SS-0001 Removal of Best Usage Caldwell County Dear Mr. Coffey: The Asheville Regional Office of the Division of Water Quality (DWQ)has documented stream standard violations at Boyd Coffey and Sons Nurseries along Kings Creek in Caldwell County. Removal of stream substrate along with streambank destabilization and subsequent sediment impacts to Kings Creek, classification"C-Trout", were documented constituting stream standard violations. Greater than 3,000 feet of stream and streambank were mechanically dredged and destabilized. As a result of the site inspection and file review, the following violations, detailed below,were noted: VIOLATIONS I. Removal of Best Usage— 15A NCAC 02B.0211 (2)—Greater than 3,000 feet of Kings Creek, C-Trout, was impacted by removing stream substrate as well as destabilizing the streambank, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2) REQUIRED RESPONSE This Office requests that you respond in writing within 15 days of receipt of this Notice. Your response should be sent to both the attention of Linda Wiggs, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch, NorthCarolina JVatura!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Boyd Coffey and Sons Nurseries Page 2 of 2 January 5, 2009 \ NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699- \\\ 1617. Your response should address the following items: I. Removal of Best Usage— 15A NCAC 02B.0211 (2) a. Please explain why these impacts occurred without prior authorization. b. Please provide documentation(including a detailed site map/survey) depicting all jurisdictional water features (e.g. streams, wetlands, buffers) on the site. This documentation should describe and quantify the impacts to those jurisdictional features, and should include plans to avoid further stream and wetland impacts on the site. c. Please submit the following documents for review and approval: • Stream Restoration Plan—The streambed must be restored to the original profile, the stream banks must be stabilized, and any fill material must be removed from the riparian zone. Replanting of the riparian zone will be required. • If you plan to seek assistance from the local Soil and Water District please provide a restoration plan to DWQ for approval prior to implementation. 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 Quality 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 Linda Wiggs at(828) 296-4500. Sincerely, Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy-NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Caldwell County Soil and Water-Kevin Clark G:\WPDATA\DEMWQ\Caldwell\Complaints\BoydCoffeyNursery\CoffeyNurseryNOV.doc i rFR Michael F.Easley,Governor William G.Ross Jr.,Secretary .e DWtom- North Carolina Department of Environment and Natural Resources > ..I Q ^� Coleen H.Sullins, Director Division of water Quality January 5,2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED -7007 1490 0004 0798 9722 Richard Rabenau Red Wolf Run, LLC 58 Wall Street Asheville,North Carolina 28801 Subject: 401 WQC Application-RETURNED AS INCOMPLETE Red Wolf Run Residential Community DWQ Project# 08-1499, Version 2 Madison County UT to Ray Branch(040304,6-96-10-3-1, WSII, HQW) Dear Mr. Rabenau: On December 19, 2008, the Division of Water Quality (DWQ) received additional information that had been requested in order to continue the application' review process for the subject project: '. The DWQ has determined that your application and additional information is insufficient to make an agency determination. Therefore, we are returning your application as incomplete in accordance with 15A NCAC 2H .0506. In order for your project to be; reviewed in the future, you must submit a complete application along with the appropriate processing fee, including, but not limited to: 1. Additional Information item'(L) requested cross-section detail drawings of the installed culverts. The additional information response referred to the originally submitted Pre- Construction Notification attachments. Upon review of the attachments, no plan drawings were provided. Plan drawings of the as-built conditions of these culverts must be submitted. 2. Additional Information item (2.) requested building envelopes for all lots. The additional information response uses generic calculations without any form of protective mechanism to prevent the built out development from exceeding the impervious area requirements. You must either provide a protective mechanism, which would limit the impervious areas with in the development or provide stormwater management for this project, NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C.28778 Phone(828)296-4500 Internet: www.ncwatercIuality.org Customer Service 1-877-623-6748 FAX (828)299-7043 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Red Wolf Run Residential Development Page 2 of 3 January 5,2009 3. Additional Information item (5.) requested a detailed mitigation plan. The submitted mitigation plan does not comply with the_published mitigation guidelines. Anecdotal information suggests that the stream segments offered for enhancement have had their buffers removed as part of this project. It is not appropriate to offer such enhancement for mitigation, but should be offered as restoration of a Water Supply Watershed buffer. Should any restoration or enhancement area not provide the required 30-foot vegetated buffer on both sides of the stream it shall not be suitable for mitigation credits. You must resubmit and recalculate the mitigation requirements for this project and provide a plan, which meets the published mitigation requirements. 4. Additional Information item(6.)requested details for the off line pond and intake-structure. The submitted two photographs provide no details for this intake or pond. Additionally, as the intake structure was taking all of the flow from the stream and diverting it through the pond(leavingba dry stream bed) during the November 19, 2008 site visit,this structure must be modified for (upon approval of impacts) and a minimum flow plan developed for this structure. - a- a u k, t t�� .�y !. 4 p 4 5. The requested General Certification (GC 3705) for this project requires that all culverts be buried (Condition 13). The submitted photographs show that culverts 2, 3, 4, 5, 6, 8 and 9 are perched on the downstream end. No discussion as to how this situation will be corrected. A discussion shall be submitted as to how you propose to correct these situations. Residential Development 2009 6. The headwall structures located at impact 3 (upstream and downstream), impact 4 (upstream), and impact 5 (upstream) appear to have altered the stream bed and may now be fill. You should provide a discussion as to the condition of these areas and include . any fills as impacts in a submitted 401 application. 7. The submitted application provides a discussion as to culverts that may have been on-site prior to development. NO data to support this claim have been submitted (i.e., photographs, survey maps, etc.). Any supporting data may submitted as part of your new application. If no data exists, then these impacts should be accounted for in the application. As you have no authorization under Section 401 of the Clean Water Act for this activity, any work within waters of the state would be a violation of North Carolina General Statutes and Administrative Code. Please call Mr. Kevin Barnett at 828-296-4657, if you have any questions this matter. Sincerely, Roger C. Edwards Regional Supervisor Surface Water Protection cc: Clement Riddle, Clearwater Environmental Consultants 718 Oakland Street Hendersonville,NC 28791 Cyndi Karoly,DWQ, Wetlands /401 Permitting Unit USACE Asheville Regulatory Field Office David McHenry,NC Wildlife Resources Commission File Copy Central Files Filename: G:\WPDATA\DEMWQ\Madison\401s\08-1499V2.RedWolfRUn.returned_1-2-09.doc \y`i. //'_. Michael F.Easley,Governor William G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director � -1 Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION January 5, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED —7007 1490 0004 0798 9715 Paul Sakalosky Springs at Asheville 4309 Pablo Oaks Ct Ste 5 Jacksonville, Florida 32224 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Springs at Asheville DWQ Tracking Number: NCROO1340 NOV-2009-PC-0003 Construction Stormwater(NCGO10000) Permit Violation Stream Standard Violation- Other Waste (In-stream sediment) Buncombe County Dear Mr. Sakalosky On December 12, 2008, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality(DWQ) conducted a site inspection at the Springs at Asheville site along New Leicester Highway in Buncombe County. Personnel from the NC Division of Land.Resources and Buncombe County as well as Shawn Bertrand were present. Construction Stormwater Permit NCGO10000 and stream standards violations were noted during the inspection. Sediment impacts to an Unnamed Tributary to the French Broad River—Classified as Class C waters—were documented. VIOLATIONS I. Construction Stormwater Permit NCG010000 -A Construction Stormwater Permit (NCG010000) is issued upon the approval of an Erosion and Sedimentation Control Plan for sites disturbing 1 acre or greater. Specifically, the NCGO10000 Permit authorizes discharge of stormwater under the National Pollutant Discharge Elimination System (NPDES) in accordance with Title 15 A North Carolina Administrative Code 2H.0100. a. Schedule of Compliance (Part L Section C. No. 2) Failure to operate and maintain stormwater controls to optimum efficiency represents a violation of NCGO10000 Permit. No`hCarolina Nattimlly North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www,.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper Paul Sakalosky Page 2 of 4 January 5,2009 II Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f-Greater than 2,000 feet of an Unnamed Tributary to the French Broad River— Classified as Class C waters—was impacted by sediment deposition upwards of 15 inches in depth throughout the stream reach,representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) ( REQUIRED RESPONSE This Office requests that you respond in writing within 15 days of receipt of this Notice. Your response should be sent to both the attention of Mr. Chuck Cranford, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response should address the following items: I. Construction Stormwater Permit NCG010000 a. Please detail the events that resulted in non-compliance with the above-mentioned NCGO10000 permit conditions. b. Please explain when you anticipate being in full compliance with the NCGO10000 Permit and your Erosion and Sediment Control Plan. c. You should include in your response an explanation of how you propose to prevent these problems from reoccurring on this project and on future proj ects. d. Minimum Monitoring and Record Keeping - Please provide copies of all monitoring and record keeping from October 1, 2008 thru November 30, 2008. Please refer to the attached Stormwater Inspection For General Permit NCGO10000 form. This form is to be filled out for every week and after each %2 inch'rain event. The following bulleted list provides guidance on how to conduct monitoring and record keeping activities in such a way as to be compliant with the NCGO 10000 Permit. • Rainfall is to be monitored and recorded daily as noted in the RAINFALL Section of the form. Rainfall data should not be reported based on a weekly accrual read of the date of the inspection. • Erosion and Sedimentation Control Facilities are to be inspected every week and after each '`/2 inch rain event. It is required to individually list each of the BMPs (e.g. basins, silt fences, etc.)to be inspected, the date and time inspected, the initials of the inspector, whether the device is operating properly, and any corrective actions taken as,noted in the EROSION AND SEDIMENTATION CONTROL FACILITES INSPECTED Section of the form. • Stormwater Discharge Outfalls are to be inspected every week and after each 11/2 inch rain event. It is required to individually list each of the outfalls to be inspected, the date and time inspected,the initials of the inspector, clarity, floating and suspended solids, oil sheen, other pollution indicators, visible sediment, and any preventative or corrective actions taken as noted in A09 the OBSERVATIONS OF RUNOFF AT STORMWATER DISCHARGE OUTFALLS Section of the form. e. The Permittee (Financially Responsible Party as indicated on Erosion and Sedimentation Control Plan application) is required to sign the inspection form each week, certifying that the report is accurate and complete. The Permittee may authorize a representative to sign these documents (please see Part II Section B (10 b) of the NCG010000 Permit for proper procedure). II. Stream Standard Other Waste(In-Stream Sediment) a. Please provide a map that exactly details all jurisdictional waters on the tract as well as waters that have been impacted off site; including,the unnamed tributary found on the adjoining property to the northwest. b. Please submit a Sediment Removal Restoration Plan(Plan)to this office for review and approval. The Plan must address removal of the accumulated sediment from the Unnamed Tributary to the French Broad River documented by the DWQ and any other impacts on waters on the adjoining property to the northwest. The Plan must be submitted to the Division of Water Quality for review and approval prior to implementation. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with development of your Plan and authorization necessary to achieve compliance. It is recommended that your consultant contact Chuck Cranford of the Asheville Regional Office for additional guidance during restoration plan development. The Plan should include the following: • A narrative explaining how sediment will be removed and how impacted jurisdictional waters will be restored. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. • A diagram of impacted stream channels, referenced with photo documentation of sediment impacts. • A narrative explaining how sediment will be retained on the site and kept out of waterways, and how restoration activities will be conducted such that turbidity is not released. c. Once the Restoration Plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Chuck Cranford. 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 Quality 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 Paul Sakalosky Page 4 of 4 January 5,2009 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 Chuck Cranford(828)296-4664. Sincerely, Roger C. Edwards Regional Supervisor Surface Water Protection Section Enc: Inspection Report NCGO10000 permit Stormwater Inspection For General Permit NCGO10000 cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Division of Land Resources Buncombe County Planning Filename:G:\WPDATA\DEMWQ\Buncombe\Stormwater Construction NCGO1\Springs At AVL\NOV-2009-PC-0003 1-2-09.doc Compliance Inspection Report Permit: NCGO10000 Effective: 12/12/08 Expiration: Owner: Continental 221 Fund LLC SOC: Effective: Expiration: Facility: Springs at Asheville County: Buncombe 906 New Leicester Hwy` Region: Asheville DWQ Tracking No: NCR001340 Asheville NC 28806 Contact Person: Paul Sakalosky Title: Phone:904-223-2400 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 12/12/2008 -Entry Time: 09:10 AM Exit Time: 10:45 AM Primary Inspector: Chuck Cranford Phone: Secondary Inspector(s): Reason for Inspection: Complaint Inspection Type:Compliance Evaluation Permit Inspection Type: Construction Stormwater -Facility Status: D Compliant ■ Not Compliant Question Areas: Construction (See attachment summary) Page: 1 Permit:NCR001340 Owner-Facility:Continental 221 Fund LLC Inspection Date: 12/12/2008 Inspection Type:Compliance Evaluation Reason for Visit:Complaint Inspection Summary: In response to a self-reported, off-site sediment loss event, DWQ staff visited the site with DLR and Buncombe County Erosion Control personnel. Mr.Shawn Bertrand was present. The site was found to have multiple, significant sediment and erosion control compliance issues. Numerous slope failures had occurred, most disturbed areas had not been stabilized, sediment was prevalent thoughout project site roadways, a large detention basin was holding significant sediment and was not being maintained and a large basin had failed leading to in-stream sediment impacts of approximately 2,000 feet in length. Due to time constraints, not all elements of the NCG01 inspection were conducted (i.e., records review). Page: 2 Permit:NCR001340 Owner-Facility: Continental 221 Fund LLC Inspection Date: 12/12/2008 Inspection Type:Compliance Evaluation Reason for Visit:Complaint DLR or Local Program Inspection "Yes No NA NE #Is this inspection related to a DLR/local program inspection? n #If Yes,what was the DLR /local program inspection date? 12/12/2008 E&SC Plan Yes No NA NE Is the site following its approved Erosion and Sedimentation Control Plan as indicated on DLR/Local Program ❑ n n Inspection Report? Comment: Erosion Control Measures Yes No NA NE Is the site maintaining their erosion control measures as indicated on DLR/Local Program Inspection Report? n ❑ Comment: Eroding banks, sediment deposition not being removed from measures, stormwater inlet protection inadequate and off-site sediment loss occurring. Approved E&SC Plan Yes No NA NE Is a copy of the approved E&SC plan on site? El 11 Cl Comment: Rain Gauge Yes No NA NE Is a rain gauge present on the site at the time of inspection? n n n Comment: Rain Gauge Records Yes No NA NE Is rain gauge data measured and recorded? ❑ n n Comment: Inspection Records Yes No NA NE Are inspection records of erosion&sedimentation control measures and stormwater discharges complete? n ❑ n ■ Comment: Other NCGO10000 Permit Conditions Yes No NA NE Is the site compliant with other conditions of the NCG010000 permit? Cl 0 Comment: Other Water Quality Issues Yes No NA NE Is the site free of any other Water Quality issues as noted during the inspection? n ® n Comment: In-stream sediment impacts to approximately 2,000 feet of stream. Page: 3 o � o .y O O. P. 3 u v d to y S. �. •.r � Lam. 4. � � 0 o 40 ro te 4. c o a. Z u ea ca , ca � 4. ca ,, .d wo �, a. C7 W M v s4 v, o cd u w° Q. d b U. y v d "• o C O x ~ 4. cd Za o ai d e 8 ti aoi an o C ;� t Q cva as v b +� Ei O 4. U Z p y iva o,a e'a,` �N .0 z C u .o 3 � c. CISO ,_ Qn A d o d o w Gc+ v � bn � •v u 'cl Z to s, U O v u o ° W s. W - c•cs o pn o � a u o Z a .` C9 v us o f d o cn 75 '� N ►.r Q ISt C. i�i GTi ti v O Nam'' C• E-'+ U b i n .a aj o d w c�a a�i U o rj Z CA � o o a d u .c 0 N ° 44 ^ A w. G. O p u o o ci y y o U Ow Ey o f a Z d Q 0 -0 � MZ-zz •s Permit No. NCGO 10000 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by North Carolina Environmental Management Commission and the Federal Water Pollution Control Act as amended, All owners or operators of stormwater point source discharges associated with construction activities including clearing, grading and excavation activities resulting in the disturbance of land are hereby authorized to discharge stormwater to the surface waters of North Carolina or to a separate storm sewer system conveying stormwater to the surface waters. The General Permit shall become effective on October 1, 2008. The General Permit shall expire at midnight on June 30, 2009. Signed this day October 20, 2008. Original Signed by Coleen H. Sullins Coleen H. Sullins,Director Division of Water Quality By the Authority of the Environmental Management Commission Page 1 of 20 Pages Permit No. NCG010000 PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater which has been adequately treated and managed in accordance with an approved Erosion and Sedimentation Control Plan by the North Carolina Division of Land Resources, Land Quality Section, or a delegated local program under the provisions and requirements of North Carolina General Statute 113A - 54.1 to the surface waters of North Carolina or to a separate storm sewer system. All discharges shall be in accordance with the attached schedules as follows: Part I: Monitoring, Controls; and Limitations for Permitted Discharges Part II: Standard Conditions Any other point source discharge to surface waters of the state is prohibited unless covered by another permit, authorization or approval. The discharges allowed by this General Permit shall not cause or contribute to violations of Water Quality Standards. Discharges allowed by this permit must meet applicable wetland standards as outlined in 15A NCAC 2B .0230 and .0231 and water quality certification requirements as outlined in 15A NCAC 2H .0500. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state,or local law,rule, standard, ordinance, order,judgment,or decree. General Permit Coverage This General Permit is applicable to point source discharges from construction activities disturbing five acres of land prior to March 10, 2003. As of March 10, 2003, this permit will be applicable to point source discharges of stormwater from construction activities disturbing one or more acres of land. The submission of a proposed Erosion and Sedimentation Control Plan to the Division of Land Resources or delegated local program shall be considered to take the place of a Notice of Intent for coverage under this General Permit for those projects requiring this Permit coverage. Coverage under this General Permit shall become effective upon issuance of an approval for the Erosion and Sedimentation Control Plan by the Land Quality Section of the Division of Land Resources or delegated local program. Prior to the commencement of construction and land disturbing activities approval of the Erosion and Sedimentation Control Plan shall be obtained. Any owner or operator not wishing to be covered or limited by this General Permit may make application for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H .0100, stating the reasons supporting the request. Any application for an individual permit should be made at least 180 dasprior to the time the permit is needed . This General Permit does not cover activities or discharges covered by an individual NPDES permit until the individual permit has expired or has been rescinded. Any person conducting an activity covered by an individual permit but which could be covered by this General Permit may request that the individual permit be rescinded and coverage under this General Permit be provided. Page 2 of 20 Pages Permit No.NCG010000 PART MONITORING, CONTROLS,AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A• FINAL LIMITATIONS AND CONTROLS FOR STORMWATER DISCHARGES During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater associated with construction activity. Such discharges shall be controlled,limited and monitored as specified below. 1. Prior to the commencement of construction, the permittee shall submit for approval a Erosion and Sedimentation Control Plan (plan) to the Department of Environment,and Natural Resources, Division of Land Resources, Land Quality Section, (or an approved local program) pursuant to the requirements of NC G.S. 113A-54.1 and in conformity with rules adopted by the North Carolina Sedimentation Control Commission, 2. The Permittee shall implement the plan; which has been approved by the approval authority. The approved plan is considered a requirement or condition of this general permit. Deviation from the approved plan, or approved amendment to the plan, shall constitute a violation of the .terms and conditions of this general permit except that deviation from the approved plan will be allowed (1) to correct an emergency situation where sediments are being discharged off the site or (2) when minor modifications have been made for the purpose of improving the performance of the erosion and sedimentation control measures and notification of the minor modification has been made to the Division of Land Resources (or approved local program). Such a deviation from the approved plan shall be noted on the approved plan maintained at the job site. During active construction, a copy of the approved plan shall be maintained on the site. 3 Equipment utilized during the construction activity on a site must be operated and maintained in such a manner as to prevent the potential or actual pollution of the surface or ground waters of the state. Fuels, lubricants, coolants, and hydraulic fluids, or any other petroleum products, shall not be discharged onto the ground or into surface waters. Spent fluids shall be disposed of in a manner so as not to enter the waters, surface or ground, of the state and in accordance with applicable state and federal disposal regulations. Any spilled fluids shall be cleaned up to the extent practicable and disposed of in a manner so as not to allow their entry into the waters, surface or ground, of the state. 4. Herbicide, pesticide,' and fertilizer usage during the construction activity shall be consistent with the Federal Insecticide, Fungicide, and Rodenticide Act and shall be in accordance with label restrictions. Page 3 of 20 Pages Permit No. NCGO10000 5. All wastes composed of building materials shall be disposed of in accordance with North Carolina General Statutes,Chapter 130A, Article 9 Solid Waste Management, and rules governing the disposal of solid waste (North Carolina Administrative Code Section 15A NCAC 13B). 6. The Permittee shall control the management and disposal of litter and sanitary waste from the site such that no adverse impacts to water quality occur. Page 4 of 20 Pages Permit No. NCGO10000 SECTION B: MINIMUM MONITORING AND REPORTING REQUIREMENTS Minimum monitoring and reporting requirements are as follows unless otherwise approved in writing by the Director of the Division of Water Quality. 1. All erosion and sedimentation control facilities shall be inspected by or under the direction of the permittee at least once every seven calendar days (at least twice every seven days for those facilities discharging to waters of the State listed on the latest EPA approved 303(d) list for construction related indicators of impairment such as turbidity or sedimentation**) and within 24 hours after any storm event of greater that 0.5 inches of rain per 24'hour period. A rain gauge shall be maintained on the site and a record of the rainfall amounts and dates shall be kept by the permittee. (**The latest approved list may be obtained from the Division of Water Quality, or from the following website location: http://Iz2o.enr.state.nc.us/sulconstruction303d) 2. Once land disturbance has begun on the site, stormwater runoff discharges shall be inspected by observation for stormwater discharge characteristics as defined below at the frequency in#1 above to evaluate the effectiveness of the pollution control facilities or practices. If any visible sedimentation is leaving the disturbed limits of the site, corrective action shall be taken immediately to control the discharge of sediments outside the disturbed limits. Stormwater Discharge Monitoring Monitoring Characteristics Lae 1 Location2 Clarity. SDO Floating Solids SDO Suspended Solids SDO Oil Sheen SDO Other obvious indicators SDO of stormwater pollution Footnotes: 1 Monitoring Type: The monitoring requires a qualitative observation of each stormwater outfall. No analytical testing or sampling is required. 2 Sample Location: Stormwater Discharge Outfall (SDO) 3. The operator shall keep a record of inspections. Visible sedimentation found outside of the disturbed limits shall be recorded and a brief explanation kept with the records as to the measures taken to control future releases. Any measures taken to clean up the sediment that has left the disturbed limits shall also be recorded. These records shall be made available to DWQ or authorized agent upon request. Page 5 of 20 Pages Permit No. NCGO10000 SECTION C: SCHEDULE OF COMPLIANCE 1. The permittee shall comply with Final Limitations and Controls specified for stormwater discharges once disturbance has begun on the site and until completion of construction or development and the establishment of a permanent ground cover.. 2. During construction and until the completion of a construction or development and the establishment of a permanent ground cover, the permittee shall provide the operation and maintenance necessary to operate the storm water controls at optimum efficiency. Page 6 of 20 Pages Permit No.NCGO10000 PART II STANDARD CONDITIONS SECTION A: DEFINITIONS 1. Act or"the Act"or CWA The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et.seq. 2. Best Management Practices (BMPs) Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operation procedures, and practices to control plant site runoff, spillage ,or leaks, sludge or waste disposal, or. drainage from raw material storage: 3. DWQ or Division The Division of Water Quality, Department of Environment, and Natural Resources. 4. Director The Director of the Division of Water Quality, the permit issuing`authority. 5. EMC The North Carolina Environmental Management Commission. 6. Permittee The person who signed as the financially responsible party on the Erosion and Sedimentation Control Plan. 7. Point Source Discharge Any discernible,confined and discrete conveyance, including but specifically not limited to, any pipe, ditch, channel, tunnel, conduit,well,discrete fissure, container,rolling stock, or concentrated animal feeding operation from which pollutants are or may be discharged to waters of the state. 8. Administrator Page 7 of 20 Pages Permit No.NCGO10000 The Adminstrator of the U. S.Environmental Protection Agency. SECTION B: GENERAL CONDITIONS 1. Duty to Comply. The permittee must comply with all conditions of this general permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for: enforcement action; certificate of coverage termination, revocation and reissuance, or modification; or denial of a certificate of coverage upon renewal application. (a) The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. (b) The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $27,000 per day for each violation. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a -' pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of$5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. Any person who knowingly violates, section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. Page 8 of 20 Pages Permit No. NCGO10000 (c) Under state law, a daily civil penalty of not more than ten thousand dollars ($1.0,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: NC General Statutes 143-215.6A]. (d) Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 31.8 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500. Penalties for Class II violations are not to exceed$11,000 per day for each day, during which the violation continues,with the maximum amount of any Class 11 penalty not to exceed$137,500. 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this general permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in Section C. of this permit regarding bypassing of stormwater control facilities, nothing in this general permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143 215.3, 143-215.6A, 143-215.613, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this general permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this general permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. Page 9 of 20 Pages Permit No.NCGO10000 6. Severability The provisions of this general permit are severable, and if any provision of this general permit,or the application of any provision of this general permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this general permit,shall not be affected thereby. 7. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the certificate of coverage issued pursuant to this general permit or to determine compliance with this general permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this general permit. 8. When an Individual Permit may be Required The Director may require any owner/operator authorized to discharge under a certificate of coverage issued pursuant to this general permit to apply for and obtain an individual pen-nit or an alternative general permit. Any interested person may petition the Director to require an individual permit pursuant to 15A NCAC 2H .0127. Cases where an individual permit may be required include,but are not limited to, the following: a. The discharger is a significant contributor of pollutants; b. Conditions at the permitted site change, altering the constituents and/or characteristics of the discharge such that the discharge no longer qualifies for a General Permit; C. The discharge violates the terns or conditions of this general permit; d. A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source; e. Effluent limitations are promulgated for the point sources covered by this general permit; f. A water quality management plan containing requirements applicable to such point sources is approved after the issuance of this general permit. g.: The Director determines at his own discretion that an individual permit is required. 9. When an Individual Permit ma, by e Requested Page 10 of 20 Pages Permit No.NCG010000 Any permittee operating under this general permit may request to be excluded from the coverage of this general permit by applying for an individual permit. When an individual permit is issued to an owner/operator the applicability of this general permit .is automatically terminated on the effective date of the individual permit. 10. SignatoryRequirements a. All applications, reports, or information submitted to the Director shall be signed and certified as follows: (1) For,a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary,treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities provided the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the general permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. Page 11 of 20 Pages Permit No.NCGO10000 C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: I certify, under penalty of law, that this document and"all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 11. General Permit Modification Revocation and Reissuance or Termination The issuance of this general permit does not prohibit the Director from reopening and modifying the general permit, revoking and reissuing the general permit, or terminating the general permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts' 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143- 215.1 et. seq. Page 12 of 20 Pages Permit No. NCGO10000 SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all tunes properly operate and maintain all facilities and systems of treatment and control (and related. appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this general permit. 2. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this general permit. 3. Bypassing of Stormwater Control Facilities a. Definitions (1) 'Bypass" means the intentional diversion of stormwater from any portion of a storinwater control facility including the collection system, which is not a designed or established or operating mode for the facility. F (2) "Severe property damage" means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass Not Exceeding Limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. C. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice,if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice within 24 hours of an unanticipated bypass as required in Part II, E. 3.(b)(1) of this general permit. (24- hour notice). d. Prohibition of Bypass Page 13 of 20 Pages Permit No. NCGO10000 Bypass is prohibited and the Director may take enforcement action against a permittee for bypass, unless: (1) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage; (2) There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities,retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (3) The permittee submitted notices as required under Paragraph c. of this section: The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed above in Paragraph d. of this section. 4. Upsets a. Definition "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an Upset. An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. C. Conditions Necessary for a Demonstration of Upset A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; 2) The permitted facility was at the time being properly operated; and Page 14 of 20 Pages Permit No. NCGO10000 (3) The permittee submitted notice of the upset as required in Part II,E. 3. (b) (2) of this general permit. (4) The permittee complied with any remedial measures required under Part fI,A. 2. of this general permit. d. Burden of Proof In any enforcement proceeding the permittee seeping to establish the occurrence of an upset has the burden of proof. Page 15 of 20 Pages Permit No. NCGO10000 SECTION D: MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream,body of water, or substance. . 2. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this general permit shall, upon conviction,be punished by a fine of not more than $10,000 per violation,or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after.a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 3. Records Retention The permittee shall retain records of all monitoring information and copies of all reports required by this general permit, for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 4. Recording;Results For each measurement, sample, inspection or maintenance activity performed or taken pursuant to the requirements of this general permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s)who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Page 16 of 20 Pages Permit No.NCG010000 5. Inspection and Entry The permittee "shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law,to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this general permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this general permit; C. Inspect at reasonable times any facilities, equipment(including monitoring and control equipment), practices, or operations regulated or required under this general permit; and d. Sample or monitor at reasonable times, for the purposes of assuring general permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Page 17 of 20 Pages Permit No.NCGOl00O0 SECTION E: REPORTING REQUIREMENTS l. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a:new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the general permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). 2. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with the general permit requirements. 3. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description.of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the general permit. (2) Any upset which exceeds any effluent limitation in the general permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the general permit to be reported within 24 hours. Page 18 of 20 Pages Permit No.NCGO10000 C. The Director may waive the written report on a case-by-case basis for`reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 4. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in any report to the Director,it shall promptly submit such facts or information. 5. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, discharge data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act. 6. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this general permit, including monitoring reports or reports of compliance or noncompliance shall, upon'conviction, be punished by a fine of not more than$10,000 per violation, or by imprisonment for not more than two years per violation, or by both. Page 19 of 20 Pages Permit No. NCGO10000 SECTION F: LIMITATIONS REOPENER This general permit shall be modified or alternatively,revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. contains different conditions or is otherwise more stringent than any effluent limitation in the general permit; or b. controls any pollutant not limited in the general permit. The general permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. Page 20 of 20 Pages Jr W A r�9Q Michael F.Easley,Governor `Q G William G.Ross Jr.,Secretary C/} r North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality January 6, 2009 Mr. Robbie Stott 222 North Trade Street Tryon,North Carolina 28782 SUBJECT: Reported Storm Drain Discharge DWQ Tracking#200900021 Polk County Dear Mr.Stott: The North Carolina Department of Environment and Natural Resources, Division of Water Quality has received information regarding water pollution that may have occurred at Stott Ford business located in Polk County, Tryon North Carolina. This letter is to inform you that the discharge of motor vehicle waste fluids to a storm drain, which could impact surface waters, may be considered a violation of North Carolina water quality regulations and must cease. Violation of any water quality regulation is subject to the assessment of civil penalties per North Carolina General Statute 143-215.114A. Any violations may subject the responsible party to a civil penalty assessment of up to $25,000.00 per day for each violation. Further action will be taken by the DWQ, if information is received that violations have continued. Thank you for your attention to this matter. Please note that information about surface water quality can be obtained from the Division of Water Quality website at the address given below or if I can provide additional information concerning this issue, please call me at(828) 296-4500. Sincerely, a Linda Wiggs Environmental Specialist NorthCarolina - Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\POLK\Complaints\StoftsFord-Tyron.doc - \:_ �v_ /i �: __. _.___ Michael F.Easley,Governor William G.Ross Jr.,Secretary �G- North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director y Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION January 6th, 2009 Garland Norton Town of Old Fort PO Box 520 Old Fort NC 287620520 SUBJECT: Compliance Sampling Inspection Old Fort WWTP Permit No: N00021229 McDowell County Dear Mr. Norton: Enclosed please find a copy of the Compliance Sampling Inspection conducted on December 2, 2008. The Compliance Sampling Inspection was conducted by Jeff Menzel of the Asheville Regional Office. The facility was found to be in Compliance with permit NC0021229. 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 Enclosure cc: Anthony Glenn West, ORC Central Files Asheville Files NorthCarolina Natut,ally 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 G:\WPDATA\DEMWQ\Mcdowell\21229 Old Fort WWTP �. �� �_ �� ,�_J ___ 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 N 2 5 3 NCO021229 Ill 12 08/12/02 17 181 ,1 19 S 201 1 Remarks 21111111111111111' 1 1111 1111111111111111 I I I I I I I I II16 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 671 1 69 70131 711 1 72i N) 73I I W 174 751 I .I I I I I 180 Section B: Facility Data t— 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) 09:00 AM 08/12/02 05/11/01 Old Fort WWTP Catawba Ave US Hwy 70 Exit Time/Date Permit Expiration Date Old Fort NC 28762 10:45 AM 08/12/02 10/01/31 Name(s)of Onsite Representative(s)lfitles(s)/Phone and Fax Number(s) Other Facility Data Anthony Glenn West/ORC/828-668-4561/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Garland Norton, /// No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement ®Operations&Maintenance 0 Records/Reports 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 Jeff Menzel ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ARO WQ//828-296-4500/ 1 -6- EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1� 3� NCO021229 11 12� 08/12/02 17 1.8101 Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The plant was in good order; Mr. West is doing an exceptional job at this facility. No violations of permit requirements or applicable regulations were observed during this inspection. Page# 2 Permit: NCO021229 Owner-Facility: Old Fort VVWTP Inspection Date: 12/02/2008 Inspection Type: Compliance Sampling Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? 0 m n Is the facility as described in the permit? n D n #Are there any special conditions for the permit? n n n Is access to the plant site restricted to the general public? ® n n Is the inspector granted access to all areas for inspection? n n n Comment: Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® ❑ n Does the facility analyze process control parameters,for ex: MLSS,MCRT, Settleable Solids,pH, DO, Sludge N ❑ n n Judge,and other that are applicable? Comment: The plant looked to be in good order. Bar Screens Yes No NA NE Type of bar screen a.Manual n b.Mechanical Are the bars adequately screening debris? ■ ❑ ❑ n Is the screen free of excessive debris? M n ❑ n Is disposal of screening in compliance? ® n ❑ n Is the unit in good condition? ® ❑ ❑ n Comment: Influent Sampling Yes No NA NE #Is composite sampling flow proportional? n n ❑ Is sample collected above side streams? ® n n n Is proper volume collected? 0C1 n Q Is the tubing clean? ■ Q ❑ n #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ® O O n Is sampling performed according to the permit? M 0 n n Comment: Grit Removal Yes No NA NE Type of grit removal Page# 3 Permit: NCO021229 Owner-Facility: Old Fort WWrP Inspection Date: 12/02/2008 Inspection Type: Compliance Sampling Grit Removal Yes No NA NE a.Manual n b.Mechanical Is the grit free of excessive organic matter? Cl n ❑ Is the grit free of excessive odor? MCI ❑ ❑ #Is disposal of grit in compliance? m ❑ ❑ In Comment: Equalization Basins Yes No NA NE Is the basin aerated? ❑ ❑ ❑ ■ Is the basin free of bypass lines or structures to the natural environment? ❑ ❑ ❑ Is the basin free of excessive grease? ■ ❑ n ❑ Are all pumps present? ■ n ❑ ❑ Are all pumps operable? ❑ ❑ ❑ ■ Are float controls operable? ❑ ❑ ❑ ■ Are audible and visual alarms operable? ■ n n ❑ #Is basin size/volume adequate? ■ Cl ❑ ❑ Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Surface 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) ■ n ❑ ❑ Comment: Operator checks the DO levels and stated that they are within acceptable limits. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ n n Page# 4 Permit: NC0021229 Owner-Facility: Old Fort WWTP Inspection Date: 12/02/2008 Inspection Type: Compliance Sampling Secondary Clarifier Yes No NA NE Is the site free of excessive buildup of solids in center well of circular clarifier? D n n Are weirs level? D D D Is the site free of weir blockage? D D D Is the site free of evidence of short-circuiting? ❑ D D Is scum removal adequate? 0 fl D Is the site free of excessive floating sludge? n D D Is the drive unit operational? D D D Is the return rate acceptable(low turbulence)? D D D Is the overflow clear of excessive solids/pin floc? ❑ D D Is the sludge blanket level acceptable?(Approximately"/4 of the sidewall depth) ■ ❑ n D Comment: The wastewater is black at this plant due to textile dyes in the waste- stream. There is no color limits on the current NPDES permit. Standby Power Yes No NA NE Is automatically activated standby power available? ❑ 110 Is the generator tested by interrupting primary.power source? D D D Is the generator tested under load? ® D 00 Was generator tested&operational during the inspection? D D ❑ ■ Do the generator(s)have adequate capacity to operate the entire wastewater site? ® n D n Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ D D D Is the generator fuel level monitored? ® D D n Comment: Disinfection-Gas Yes No NA NE Are cylinders secured adequately? ® D D D Are cylinders protected from direct sunlight? ® D D Is there adequate reserve supply of disinfectant? ■ ❑ D D Is the level of chlorine residual acceptable? ■ D D D Is the contact chamber free of growth, or sludge buildup? Cl D D Is there chlorine residual prior to de-chlorination? ® Cl ❑ ❑ Does the Stationary Source have more than 2500 Ibs of Chlorine(CAS No.7782-50-5)? ■ D If yes,then is there a Risk Management Plan on site? ■ D D Page# 5 Permit: NCO021229 owner-Facility: Old Fort WWTP Inspection Date: 12/02/2008 Inspection Type: Compliance Sampling Disinfection-Gas Yes No NA NE If yes,then what is the EPA twelve digit ID Number?(1000- - ) 0017-6962 If yes,then when was the RMP last updated? 10/12/2006 Comment: By having over 2500 Ibs of chlorine on site this facility is required by the EPA to have a current Risk Management Plan kept on site. De-chlorination Yes No NA NE Type of system? Gas Is the feed ratio proportional to chlorine amount(1 to 1)? ■ n n 0 Is storage appropriate for cylinders? ■ n n n #Is de-chlorination substance stored away from chlorine containers? ■ n n n Comment: Are the tablets the proper size and tXpe? ❑ n 0 0 Are tablet de-chlorinators operational? n n ■ n Number of tubes in use? Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ■ n n n Is sample collected below all treatment units? ■ n n fl Is proper volume collected? ■ n n n Is the tubing clean? ■ n n n #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ ❑ n n Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ® n n n Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n n n Are the receiving water free of foam other than trace amounts and other debris? ■ n 00 If effluent (diffuser pipes are required) are they operating properly? n n ■ n 1 Page# 6 Permit: NCO021229 Owner-Facility: Old Fort WWTP Inspection Date: 12/02/2008 Inspection Type: Compliance Sampling Effluent Pipe Yes No NA NE Comment: The water leaving the plant is dark in color due to the textile dye in the waste stream. After the effluent is thoroughly mixed with the receiving waters there does not appear to be an impact to water quality. Field parameters were measured during the inspection. They were as follows. pH 7.15 SU D.O. 9.08 MG/L Resd CL2 15.0 UG/L Temp C 11.4 Fecal Coliform 6 CFU/100ml Composite sampling results are as follows BOD 7.2 mg/L TSS 32 mg/L NH3 0.07 mg/L Page# 7 A Michael F.Easley,Governor �j pWilliam G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director I Division of Water Quality SURFACE WATER PROTECTION SECTION January 7, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED —7007 1490 0004 0798 9753 Mr. Thomas W. Kilpatrick Etowah Sewer Company Post Office Box 1659 Etowah, North Carolina 28729 Subject: NOTICE OF VIOLATION Permit No. WQCSD0135 Etowah Sewer Company Etowah Collection System Henderson County - Dear Mr. Kilpatrick: A review has been conducted of the Etowah Sewer Company's Collection System self reported Sanitary Sewer Overflow (SSO) 5-Day Report. This review has shown the Etowah Sewer Company to be in violation of the requirements found in North Carolina General Statute 143-215.1(a)(1). The violation is summarized below: NOV# Violation Location Violation Date Type NOV-2009-DV-0001 12/12/2008 WWTP Lift Station Discharge Without Valid Permit The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should take remedial action in response to this incident. Remedial action should include identification of the cause of the SSOs and implementation of all measures necessary to prevent recurrence. Prior to the passage of fifteen days following receipt of this Notice please submit a letter detailing the steps that have been or will be taken by the Etowah Sewer Company to improve the operation of it's influent pump station. Noonrth Carol ina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet:wwwncwaterquality.org FAX (828)299-7043 1-877-623-6748 The Division of Water Quality views with great concern repetitive SSOs at the same location. Over the last four years Etowah Sewer Company has had approximately nine SSOs originating from the lift station preceding the wastewater treatment plant. You should inform the governing board of the Etowah Sewer Company that it needs to finance a project leading to providing a reliable pump station. The board members also need to be made aware that the General Statutes provide Civil Penalties of up to $25,000 per day for illegal discharges to the state's surface waters. To be acceptable your fifteen day response letter needs to indicate the board's commitment to resolving this problem and details of the nature of that resolution. If you have any questions regarding this NOV or our policy relating to issuance of NOVs or Civil Penalties for SSOs, please contact Roy Davis at 828-296-4659. Sincerely, 1 Roger C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: PERCS Unit ' Surface Water Protection Section Central Files Roy Davis NOV-2009-DV-0001 Etowah Collection System Henderson County Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources r Coleen H.Sullins.Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION January 8, 2009 Mr. Timothy J. Barth, Town Manager Town of Maggie Valley 3987 Soco Road Maggie Valley, North Carolina 28751 SUBJECT: Outfall Sewer Project Town of Maggie Valley Wastewater Collection System Permit No: WQCS00122 Haywood County Dear Mr. Barth: It is my understanding that the Town of Maggie Valley has the opportunity to seek funding to assist in the construction of a gravity sewer which would allow the abandonment of the old Villa L'Abri sewage pumping station. I am in favor of such a project and encourage the Town to pursue funding. The Villa L'Abri station is badly deteriorated and in need of replacement. It makes much better sense to me to replace the station with a gravity line. Access to a station for purposes of operations and maintenance, whatever its condition, is difficult in winter given the steepness of the mountain side roads leading to the station. wish the Town success in its endeavors to replace the Villa L'Abri sewage pumping station. Should I be able to assist in this matter, please do not hesitate to call. Sincerely, Roy M. avis Environmental Engineer Enclosure cc: Randy Hintz, McGill Associates Surface Water Protection Central Files Asheville Regional Office Files G:\INPDATA\DENIWQ\Haywood\Maggie valley Collection systemVilla Labri Preject.09.doc NorthCarolina Naturally 2090 U.S. Highway 70,Swannanoa,NC 28778 Telephone: (828)296-4500 Fax: (828)299-7043 Customer Service 1 877 623-6748 Michael F.Easley,Governor William G.Ross Jr.,Secretary QG North Carolina Department of Environment and Natural Resources 7 Coleen H.Sullins,Director Division of Water Quality J C Asheville Regional Office SURFACE WATER PROTECTION January 8, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED—7007 1490 0004 0798 9739 Lee H Clippard, Sr City of Saluda PO Box 248 Saluda North Carolina 28773-0248 Subject: NOTICE OF VIOLATION NOV-2008-LV-0620 Permit No. NCO028975 Saluda WWTP Polk County Dear Mr. Clippard, Sr: A review of Saluda WWTP's monitoring report fo August 2008 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Nitrogen, Ammonia Total 08/31/08 2.4 mg/I 2.82 mg/I Monthly (as N) Average Exceeded Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Jeff Menzel at 828/296-4500. Sincerely, oger C. Edwards, Regional Supervisor Surface Water Protection Enclosure cc: WQ Central Files - ARo NorthCarolina �a�ura!!y North Carolina Division of Water Quality 2090 U.S.Highway 70, Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet:www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\POLK\28975 Saluda WWTP \\ �� \ �...., i _... Michael F.Easley,Governor C� William G.Ross Jr.,Secretary �G North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION January 8, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED -7007 1490 0004 0798 9746 Karen E Andrews Town of Rutherfordton 129 N Main St Rutherfordton NC 28139 Subject: NOTICE OF VIOLATION NOV-2008-LV-0617 Permit No. NCO025909 Rutherfordton WWTP Rutherford County Dear Ms Andrews: A review of Rutherfordton WWTP's monitoring report for September 2008 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Copper, Total (as Cu) 09/02/08 40 ug/I 86 ug/I Daily Maximum Exceeded Additional Compliance Issue This month's DMR had no effluent flow rate reported. After speaking to the operator, it was apparent that this mechanical failure of the unit was due to lightning. The Division of Water Quality expects notification of any process unit failure that renders the facility incapable of adequate wastewater treatment, or situations, which may cause the facility to become noncompliant with its permit. 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: however,should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Jeff Menzel of this Office for additional information. If you should have any questions, please do not hesitate to contact Jeff Menzel or me at 828/296-4500. Sincerel , " Roger C. Edw-111 Reg ional,Supervisor Surface Water Protection Cc: WQ Central Files ARO Ole NorthCarolma Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Rutherford\25909 Rutherfordton WWTP �_ _ A �� �ji �\ \.;i� r Michael P.Easley,Governor William G.Ross Jr.,Secretary QCi North Carolina Department of Environment and Natural Resources 7 Coleen H.Sullins,Director Division of Water Quality p "C Asheville Regional Office SURFACE WATER PROTECTION January 8, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0796 9760 Karen E Andrews Town of Rutherfordton 129 N Main St Rutherfordton NC 28139 Subject: NOTICE OF VIOLATION NOV-2008-LV-0619 Permit No. NCO025909 Rutherfordton WWTP Rutherford County Dear Ms Andrews: A review of Rutherfordton WWTP's monitoring report for August 2008 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Copper, Total (as Cu) 08/25/08 40 ug/I 111 ug/I Daily Maximum 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: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Jeff Menzel The Division of Water Quality may pursue enforcement actions for this and any additional violations. if the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Jeff Menzel of this Office for additional information. If you should.have any questions, please do not hesitate to contact Jeff Menzel or me at 828/296-4500. Sincerely, Roger C: Edwards, Regional Supervisor Surface Water Protection Cc: WQ Central Files RO No thCarolina �a�urallr� North Carolina Divisiono.f Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Rutherford\25909 Rutherfordton WWTP %_....., I�..::. Beverly Eaves Perdue,Governor Dee Freeman,Secretary Q(� North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director dJa) — Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION January 12, 2009 Mr. Garvin Trinks McDowell County Schools 709 Sugar Hill Road Marion, North Carolina 28752 SUBJECT: Compliance Evaluation Inspection Status: Compliant Nebo Elementary School WWTP Permit No: NCO067148 McDowell County Dear Mr. Trinks: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on December 16, 2008. The facility appeared to be in compliance with permit NC0067148. James & James Environmental is doing a fine job of operating this facility. This permit will expire December 31, 2009. Please request a permit renewal 180 days prior to expiration. Vegetation surrounding the sand filter needs to be cut back. Winter would be a good time to remove the vegetation. 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, Ext. 4667. SincerelyCwell et C Environmental Specialist Enclosure cc: DWQ Asheville Files DWQ Central Files - James &Jams Environmental/ ®RC G:\WPDATA\DEMWQ\Mcdowell\67148 Nebo School\67148-CE1.08.doc NorthCarolina �Vafurally 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone: (828)296-4500 Fax: (828)299-7043 Customer Service 1 877 623-6748 \� `�\ wF?_� �� �_ �� ��.y%� 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 I NI 2 1 51 31 NCO067148 111 12I 08/12/16 117 181 C1 19 11 201!J 1 Remarks I 291 I I I I I I I I 1 1 I I I I I I I 1 1 1 1 1 1 1 I I _I � _I I I I I I 116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------—------------Reserved---------------------- 671 1 69 7011 1 711 1 721 NI 73Lj_j 74 711 1 1 1 1 1 1 180 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) 01:05 PM 08/12/16 05/05/01 Nebo Elementary School WWTP 320 S Main St Exit Time/Date Permit Expiration Date Marion NC 28752 01:35 PM 08/12/16 09/12/31 Name(s)of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Garvin Trinks,709 Sugar Hill Rd Marion NC 28752//828-652-5504/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations&Maintenance N Records/Reports in Self-Monitoring Program Facility Site Review 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 Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date n i � � � 0 I EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3I NC0067148 I11 121 08/12/16 117 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Juanita James of James&James Environmental assisted in the inspection of this facility, This permit will expire December 31,2009. Please request a permit renewal 130 days prior to expiration. This facility is being well operated. Vegetation surrounding the sand filter needs to be cut back. This time of year(winter) would be a good time to remove the vegetation. Page# 2 Permit: NCO067148 Owner-Facility: Nebo Elementary School WWTP Inspection Date: 12/16/2008 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? n n Is the facility as described in the permit? n n n #Are there any special conditions for the permit? M n n Is access to the plant site restricted to the general public? D n D Is the inspector granted access to all areas for inspection? n n n Comment: This permit will expire December 31, 2009. Please request a permit renewal 180 days prior to expiration. Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? n D D Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge n 11 m D Judge, and other that are applicable? Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? D D Is all required information readily available,complete and current? D n Are all records maintained for 3 years(lab. reg. required 5 years)? D D n Are analytical results consistent with data reported on DMRs? n n n Is the chain-of-custody complete? n D n Dates,times and location of sampling D Name of individual performing the sampling Results of analysis and calibration n Dates of analysis Name of person performing analyses D Transported COCs D Are DMRs complete: do they include all permit parameters? D 0 D Has the facility submitted its annual compliance report to users and DWQ? D D Cl (If the facility is=or>5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? D Is the ORC visitation log available and current? D D n Is the ORC certified at grade equal to or higher than the facility classification? ❑_D D Is the backup operator certified at one grade less or greater than the facility classification? ® D n n Page# 3 Permit: NC0067148 Owner-Facility: Nebo Elementary School WWrP Inspection Date: 12/16/2008 Inspection Type: Compliance Evaluation Record Keepin Yes No NA NE Is a copy of the current NPDES permit available on site? El 0 El Facility has copy of previous year's Annual Report on file for review? L n fl Comment: Septic Tank Yes No NA NE (If pumps are used)Is an audible and visual alarm operational? Cl 0 M C Is septic tank pumped on a schedule? N Cl fl n Are pumps or syphons operating properly? so n Il Are high and low water alarms operating properly? Q 0 0 Comment: Sand Filters (Low rate) Yes No NA NE (If pumps are used)Is an audible and visible alarm Present and operational? M 0 r1 0 Is the distribution box level and watertight? M Q Q Q Is sand filter free of ponding? ® ❑ I_I n Is the sand filter effluent re-circulated at a valid ratio? ® ❑ n n #Is the sand filter surface free of algae or excessive vegetation? ® ❑ [I n #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) ® ❑ ❑ D Comment: Vegetation surrounding the perimeter of the sand filter should be cut back. This time of year(winter) would be a good time to clear away the surrounding brush. Page# 4 Beverly Eaves Perdue,Governor Dee Freeman,Secretary G North Carolina Department of Environment and Natural Resources 7 Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION January 12, 2009 Ms. Linda Issacs McDowell Assisted Living LLC P.O. Box 909 Marion, North Carolina 28752 SUBJECT: Compliance Evaluation Inspection Status: Compliant McDowell Assisted Living WWTP Permit No: N00075353 McDowell County Dear Ms. Issacs: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on December 16, 2008. The facility appeared to be in compliance with permit NC0075353. James & James Environmental is doing a fine job of operating this facility. This permit will expire December 31, 2009. Please request a permit renewal 180 days prior to expiration. Please also address the conditions of the eroded path down to the WWTP. 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, Ext. 4667. Sincerely, J et C nvironmental Specialist Enclosure cc: DWQ Asheville Files DWQ Central Files Jaynes & James Environmental/ ORC G:\WPDATA\DEMWQ\Mcdowell\75353 McDowell Assisted Living\75353-CEI.08.doc No thCarolina Naturally 2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone:(828)296-4500 Fax: (828)299-7043 Customer Service 1 877 623-6748 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 J NI 2 15� 31 NCO075353 --ill 121 08/12/16 117 181 Cf 191 Si 201 1 Remarks 211 1 I I I I I I I I I I I I I I I I I I I Lnim!_L i t j_LLLj U_Lj_L { LjLL1 0 16 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 CA ---------------------------Reserved---------------------- 67i 169 70I®I 71 i_j 72I NI 73 74 75i [ 0 I i J 80 Section 13: 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) 12:15 PM 08/12/16 05/05/01 McDowell Assisted Living WWTP Rt 9 Box 415 Exit Time/Date Permit Expiration Date Marion NC 28752 12:47 PM 08/12/16 09/12/31 Name(s)of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Linda Issacs,PO Box 909 Marion NC 28752//828-652-3033/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance E Records/Reports Self-Monitoring Program Facility Site Review 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 Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ 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 3) NCO075353 �11 121 08/12/16 117 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Juanita James of James &James Environmental assisted in the inspection of this facility. This permit will expire December 31, 2009. Please request a permit renewal 180 days prior to expiration. This facility is being well operated. Effluent was clear. The path leading to the WWTP has eroded making it difficult to traverse, especially during bad weather. This makes it difficult for the operator who has to carry equipment up and down the path. Page# 2 Permit: NCO075353 Owner-Facility: McDowell Assisted Living WWTP Inspection Date: 1 2/1 612 0 0 8 Inspection Type: Compliance Evaluation Porrnit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? fl in n Is the facility as described in the permit? n n n #Are there any special conditions for the permit? nm Cl D Is access to the plant site restricted to the general public? ® ® n Is the inspector granted access to all areas for inspection? n n n Comment: This permit will expire December 31, 2009. Please request a permit renewal 180 days prior to expiration. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 10 DDO Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids,pH, DO,Sludge N n n ❑ Judge,and other that are applicable? Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? n n n Is all required information readily available, complete and current? ❑ ❑ D Are all records maintained for 3 years(lab. reg. required 5 years)? n n n Are analytical results consistent with data reported on DMRs? n D n Is the chain-of-custody complete? ❑ ❑ 0 Dates,times and location of sampling n Name of individual performing the sampling n Results of analysis and calibration n Dates of analysis n Name of person performing analyses n Transported COCs n Are DMRs complete:do they include all permit parameters? ® ❑ n n Has the facility submitted its annual compliance report to users and DWQ? ® ❑ n n (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? n Is the ORC visitation log available and current? Cl n D Is the ORC certified at grade equal to or higher than the facility classification? ® ❑ D ❑ Is the backup operator certified at one grade less or greater than the facility classification? ® Q Cl n Page# 3 Permit: NCO075353 Owner-Facility: McDowell Assisted Living WVVfP Inspection Date: 12/16/2008 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE 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: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? N ❑ 0 ❑ Are surface aerators and mixers operational? ❑ ❑ W Cl Are the diffusers operational? m 0 El ❑ Is the foam the proper color for the treatment process? n ❑ D ❑ Does the foam cover less than 25%of the basin's surface? 0 ❑ C1 0 Is the DO level acceptable? ■ 0 ❑ ❑ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑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? ■ ❑ 0 ❑ Is the site free of weir blockage? ■ ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ■ ❑ ❑ Q Is scum removal adequate? ■ ❑ ❑ ❑ Is the site free of excessive floating sludge? ■ ❑ ❑ ❑ Is the drive unit operational? ❑ Q ■ 13 Is the return rate acceptable(low turbulence)? ■ ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑ Is the sludge blanket level acceptable?(Approximately''/4 of the sidewall depth) ❑ 0 0 ■ Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ ❑ ❑ Are the tablets the proper size and type? ■ ❑ ❑ Page# 4 Permit: NC0075353 Owner-Facility: McDowell Assisted Living WWTP Inspection Date: 12/16/2008 Inspection Type: Compliance Evaluation Disinfection-Tablet Yes No NA NE 1 Number of tubes in use? Is the level of chlorine residual acceptable? Ell (I fl Is the contact chamber free of growth,or sludge buildup? 0 0 0 Is there chlorine residual prior to de-chlorination? ll 0 D Comment: Ise-chlorination Yes No NA NE Tablet Type of system? Is the feed ratio proportional to chlorine amount(1 to 1)? Q Is storage appropriate for cylinders? 0 El MCI ##Is de-chlorination substance stored away from chlorine containers? 011 Comment: Are the tablets the proper size and type? 0 0 n Are tablet de-chlorinators operational? ® 013 1 Number of tubes in use? Comment: Page# 5 ��,. i-�. \_%� �_ Beverly Eaves Perdue,Governor Dee Freeman,Secretary Q� North Carolina Department of Environment and Natural Resources 7 Coleen H.Sullins,Director Division of Water Quality C Asheville Regional Office SURFACE WATER PROTECTION SECTION January 12, 2009 Mr. Naval Patel Jai-Ambe Company Inc. 2035 US Highway 221 S Marion, North Carolina 28752 SUBJECT: Compliance Evaluation Inspection , Status: Compliant Super 8 Motel WWTP Permit No: N00060208 McDowell County Dear Mr. Patel Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on December 16, 2008: The facility appeared to be in compliance with permit NC0060208. James & James Environmental is doing a fine job of operating this facility. It was noted during the inspection that the fence gates hangs up while opening and closing. Please address this matter and respond in writing within fifteen days with a timetable for repair. 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, Ext. 4667. Sincerely, et Cantwell Environmental Specialist Enclosure cc: DWQ Asheville Files DWQ Central Files James & James Environmental/ ORC G:\WPDATA\DEMWQ\Mcdowell\60208 Super 8 Motel\60208-CE1.08.doc North Carolina �' �atur�rlly 2090 U.S. Highway 70,Swannanoa, NC 28778 Telephone: (828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 �\ �\ I��__ /�\ / �� �� ii �/ United States 5nvironmental Protection Agency Form Approved. Washington,D.C.20460 OMB No.2040-0057 �" Water Compliance inspection Reg®ft Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES y0no/day Insp:coon Type Inspector Fac Type 1 1 N 1 5 3 N00060208 ill 12 082/16 17 18 S 20 I I I /1 C I L�,I 19 l I 6 ,-I Remarks 21111111II I I I I I I I I I 1 1. 1 1 1 1 1 1 .I I I IIII [ I IIIIiIIIII III6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CA ---------------------------Reserved---------------------- 671 169 701 1 711U 72I NI 73[jj 74 75[ I I I I (—'x' '180 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) 11:47 AM 08/12/16 05/10/01 Super 8 Motel 2035 US Hwy 221 S Exit Time/Date Permit Expiration Date Marion NC 28752 12:07 PM 08/12/16 10/01/31. 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 Naval Patel,2035 US Hwy 221 S Marion NC 28752//828-659-7940/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance Records/Reports Self-Monitoring Program Facility Site Review 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 Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ Signatu of Managem�entt Q A Reviewer Agency/Office/Phone and Fax Numbers Date r Ca EPA Form 3560-3(Rev 9--9,4')Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3� NC0060208 11 121 08/12/16 117 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Juanita James of James &James Environmental assisted in the inspection of this facility. Records and reports were available on site including the Annual Performance Report. The effluent was clear. Flow meter was calibrated 9/11/08. The facility is being well operated. The fence gate is in need of adjustment; it hangs up when opened or closed. l Page# 2 Permit: NCO060208 Owner-Facility: Super 8 Motel Inspection Date: 12/16/2008 Inspection Type: Compliance Evaluation �q Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted anew application? D 00i in D Is the facility as described in the permit? Vg n E f®l #Are there any special conditions for the permit? n 0 M n Is access to the plant site restricted to the general public? n n n Is the inspector granted access to all areas for inspection? n Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? N ® n Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge 11 0 n El Judge,and other that are applicable? Comment: The fence gate hangs up when opened and closed and is in need of adjustment to allow easier access by the operator. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ;i n n n Is all required information readily available, complete and current? n n n Are all records maintained for 3 years(lab. reg. required 5 years)? ❑ n 0 Are analytical results consistent with data reported on DMRs? Ll n n Is the chain-of-custody complete? Cl i=1 0 is Dates,times and location of sampling n Name of individual performing the sampling n Results of analysis and calibration n Dates of analysis n Name of person performing analyses n Transported COCs n Are DMRs complete: do they include all permit parameters? ® ❑ D Cl Has the facility submitted its annual compliance report to users and DWQ? ® n n n-° (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? n n 0 n Is the ORC visitation log available and current? ® ❑ ❑ n Is the ORC certified at grade equal to or higher than the facility classification? ® n ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ® n n n - Page# 3 Permit: NCO060208 owner-Facility: Super 8 Motel Inspection Date: 12/16/2008 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Is a copy of the current NPDES permit available on site? ❑ ❑ n Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ❑ 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? ❑ ❑ 0 ❑ Are the diffusers operational? 00 ❑ ❑ 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? ❑ C) ❑ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ Comment: -_ Secondary Clarifier Yes No NA NE ,_J Is the clarifier free of black and odorous wastewater? ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? D ❑ ! 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''/4 of the sidewall depth) ❑ n n ! Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ ❑ ❑ Are the tablets the proper size and type? ■ ❑ ❑ ❑ . Page# 4 Permit: NCO060208 owner-Facility: Super 8 Motel Inspection Gate: 12/16/2008 inspection Type: Compliance Evaluation Disinfection-Tablet Yes No NA NE _ 1 Number of tubes in use? Is the level of chlorine residual acceptable? 0 0 01 Is the contact chamber free of growth,or sludge buildup? 0 D D Is there chlorine residual prior to de-chlorination? 0 El Comment: Page# 5 l �_ /-_,. i, �__.,. ���1' Beverly Eaves Perdue,Governor Dee Freeman,Secretary QG North Carolina Department of Environment and Natural Resources P Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION January 12, 2009 Mr. Mansukh Patel Days Inn-Marion 4248 South Highway 221 Marion, North Carolina 28752 SUBJECT: Compliance Evaluation Inspection Status: Compliant Days Inn - Marion Permit No: NCO040291 McDowell County Dear Mr. Patel: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on December 16, 2008. The facility appeared to be in compliance with permit NC0040291. James & James Environmental is doing a fine job of operating this facility. It was noted during the inspection that deterioration of the upper sides of the basin walls should be addressed. Please respond in writing within fifteen days with a timetable for repair of the basins. 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, Ext. 4667. Sincerely, e (Ja Cantwe Environmental Specialist Enclosure cc: DWQ Asheville Files -DWQ Central Files James & James Environmental/ ORC G:\WPDATA\DEMWQ\Mcdowell\40291 Days Inn\40291-CEL08.doc one NorthCarolina Natilrally 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water COm (lance Ltj gct(gn 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 II NI 2 151 3! NC0040291. ---1 ll 121 08/12/16 1 17 181 rt 191 s1 201 I Remarks ®g�a J 21�� I I I I I I I I I :_ I��.I I ! III _l i d l l l l ! ►®�. I L I I I I I I I ! ! 6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA Reserved----II--------EE-- l----- 671 169 701 I 711 I 721� 73LLJ 74 75 I II 1 !� 80 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) 11:25 AM 08/12/16 05/10/01 Days Inn - Marion - 1-40 us 221 Exit Time/Date Permit Expiration Date Marion NC 28752 11:45 AM 08/12/16 10/01/31 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 Mansukh Patel,4248 S Hwy 221. Marion NC 28752//828-659-2567/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit IN Operations&Maintenance M Records/Reports Self-Monitoring Program Facility Site Review 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 Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers ryDate EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3I_ _NCo040291 11 12� 08/12/16 17 181CILJ \ Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Juanita James of James &James Environmental assisted in the inspection of this facility. Records and reports were available on site and included the Annual Performance Report. Facility was neat and clean. It was noted during the inspection that deterioration of the upper sides of the basins is occurring; there are several areas which have rusted through. The facility appears to be well operated. The effluent was clear. L< Page# 2 Permit: NC0040291 owner-Facility: Days Inn-Marion Inspection Date: 12/16/2008 Inspection Type: Compliance Evaluation r6lliit yes No NA HE Pe (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? n D n Are there any special conditions for the permit? n n n Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? D n D Comment: Operations & Maintenance yea No Nye HE Is the plant generally clean with acceptable housekeeping? Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids,pH, DO, Sludge n 0 D Judge, and other that are applicable? Comment: Deterioration (rusting through) of the upper sides of the basins should be addressed. Record Keeping yes No NA PIE Are records kept and maintained as required by the permit? n n n Is all required information readily available,complete and current? n 0 Are all records maintained for 3 years(lab. reg. required 5 years)? n 0 oom Are analytical results consistent with data reported on DMRs? n Is the chain-of-custody complete? n n ❑ Dates, times and location of sampling Name of individual performing the sampling n Results of analysis and calibration n Dates of analysis i l Name of person performing analyses n Transported COCs n Are DMRs complete:do they include all permit parameters? i] n Has the facility submitted its annual compliance report to users and DWQ? n n n (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? ❑ n Cl Is the ORC visitation log available and current? ❑ n loll Is the ORC certified at grade equal to or higher than the facility classification? n ❑ Is the backup operator certified at one grade less or greater than the facility classification? n n n Page# 3 Permit: NCO040291 Owner-Facility: Days Inn-Marion Inspection Date; 12/16/2008 Inspection Type: Compliance Evaluation Record Kgeping Yes No NA NE Is a copy of the current NPDES permit available on site? o ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ❑ Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? 0 ❑ ❑ 0 Are surface aerators and mixers operational? n Cl E ❑ Are the diffusers operational? ❑ n ❑ Is the foam the proper color for the treatment process? m ❑ ❑ ❑ Does the foam cover less than 25%of the basin's surface? 0 ❑ ❑ ❑ Is the DO level acceptable? ❑ ❑ ❑ Is the DO level acceptable?(1.0 to 3.0 mg/1) n n ❑ Comment: Secondary Clarifier Yes No NA NE ' Is the clarifier free of black and odorous wastewater? ■ ❑ n n Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n Are weirs level? ® ❑ ❑ Is the site free of weir blockage? ® ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑ Is scum removal adequate? ■ ❑ n ❑ Is the site free of excessive floating sludge? ® ❑ ❑ ❑ Is the drive unit operational? ❑ ❑ E Cl Is the return rate acceptable(low turbulence)? ■ ❑ n n Is the overflow clear of excessive solids/pin floc? ■ n ❑ ❑ Is the sludge blanket level acceptable?(Approximately'/4 of the side\A/all depth) ❑ ❑ ❑ ■ Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ ❑ Are the tablets the proper size and type? ■ ❑ ❑ ❑ -' Page# 4 Permit: NC0040291 Owner-Facility: Days Inn-Marian Inspection Date: 12/16/2008 Inspection Type: Compliance Evaluation Disirlfectlon-Tablot Yes No PEA PEE 1 Number of tubes in use? Is the level of chlorine residual acceptable? o n n Is the contact chamber free of growth,or sludge buildup? 0000 Is there chlorine residual prior to de-chlorination? Q 0 0 Comment: Cie-Chiorinabon Yes No NSA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? U Is storage appropriate for cylinders? 0 E in � Is de-chlorination substance stored away from chlorine containers? 0 D 11 Comment: Are the tablets the proper size and type? 0 0 0 Are tablet de-chlorinators operational? 0 0 0 Number of tubes in use? 1 Comment: Page# 5 `� F" �� ���_. __ __ __ Beverly Eaves Perdue,Governor Dee Freeman,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION January 12, 2009 CERTIFIED 1° AIL RETURN RECEIPT REQUESTED -7007 1490 0004 0798 9777 David Odom Highlands of Lake Lure, LLC 152 East Main Street Forest City,NC 28043 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Highlands of Lake Lure NOV-2008-OP-0061 Version 2 Stream Standard Violation- Other Waste (In-stream sediment) Removal of Best Usage Failure to.Secure 401 Water Quality Certification (WQC) Rutherford County Response deadline: January 28, 2009 or 15 days from receipt Dear Mr. Odom: This document serves as an addendum to the Notice of Violation (NOV-2008-OP-0061) issued on November 19, 2008. Additional surface water impacts were identified on December 15, 2008 during a site inspection of the Highlands of Lake Lure along Highway 74A. Clint Calhoun with the Town of Lake Lure.was present. Site Inspection Findings December 15, 2008 [Note: Subject stream flows to the southeast toward Tryon Bay] VIOLATIONS I. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f- Greater than 1,000 feet of an unnamed tributary to the Broad River (Class B, Trout waters) was impacted by sediment deposition measured up to 18 inches in portions of the stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f). One NorthCarolina �Natura!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper David Odom January 12,2009 Page 2 of 4 ` Site Inspection Findings October 31, 2008 [Note: Subject stream flows northeast toward Gene ` Stratton Porter Road] �. VIOLATIONS I. Stream Standard Violation ® Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f- Greater than 1,000 feet of an unnamed tributary to the Broad River (Class B, Trout waters) was impacted by sediment deposition reaching 18 inches in portions of the stream reach with deeper deposits probable, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f) II. Removal of Best Usage— 15A NCAC 02B.0211 (2)—Greater than 50 feet of an unnamed tributary to the Broad River (Class B, Trout waters) was impacted by the construction of an in-stream impoundment, which appeared to be designed as a sediment basin, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2) III. Failure to Secure a 401 WQC—Placing fill in a stream (dam impoundment) has occurred without a 404 Permit from the U.S. Army Corps of Engineers nor the accompanying 401 Water Quality Certification. A Pre-Construction Notification submitted to DWQ is required prior to the above-mentioned impacts pursuant to 15A NCAC 2H .0500 REQUIRED RESPONSE This Office requests that you respond in writing within 15 days of receipt of this Notice. Your response should be sent to both the attention of Mr. Chuck Cranford, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response should address the following items: I. Stream Standard - Other Waste (In-Stream Sediment) a. Please explain when construction(excavation, grubbing, and clearing)began at the site. b. Please provide a map that exactly details the jurisdictional waters on the tract. This map should indicate all of the jurisdictional waters on the tract as well as the areas that have been impacted, both on and off site. This information must be clearly depicted on a map that you provide as a part of this response. c. Please submit a Sediment Removal Plan to this office for review and approval. The Plan must address removal of the accumulated sediment from the unnamed tributaries to the Broad River and be submitted to the Division of Water Quality for review,and approval prior to implementation. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with plan development and authorization necessary to achieve compliance. It is recommended that your consultant contact Chuck Cranford of the Asheville Regional Office for additional guidance during restoration plan development. The Plan should include the following: ® A narrative explaining how sediment will be removed and how impacted jurisdictional waters will be restored. ® A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. • A diagram of the stream channel, referenced with photo documentation of sediment impacts. ® A narrative explaining how sediment will be retained on the site and kept out of waterways, and how restoration activities will be conducted such that turbidity standards are not exceeded. d. It is required that you contact the United States Army Corps of Engineers to determine if a 404 Permit is necessary for these restoration activities. e. Once the Restoration Plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Chuck Cranford. II. Removal of Best Usage— 15A NCAC 02I1.0211 (2) a. Please explain why these impacts occurred without prior authorization. b. Please submit the following documents for review and approval: ® Stream Restoration Plan(impoundment impacts)—Please explain how you plan to restore the pattern,profile and dimension of the impacted stream channels to include the removal of pipes, fill and riprap. The streambed must be restored to the original profile, the stream banks must be stabilized, and any fill material must be removed from the riparian zone. Replanting of the riparian zone will be required. ® Permit Application—If you wish for any impacts to remain in place, you must contact the U.S. Army Corps of Engineers (USACOE) for information on the type(s) of permit required. Depending on the type of permits USACOE requires, application for a 401 Water Quality Certification to DWQ will also be required. Please note: ■ Sediment impacts to streams are not permittable ■ For impoundments, you must show that the impact will not violate water quality standards ■ Please indicate in your response a detailed schedule with dates explaining when the`restoration will be accomplished, and if you plan to seek a permit for the permittable impacts, when an application will be submitted. David Odom January 12,2009 Page 4 of 4 ® It is required that you contact Clint Calhoun with the Town of Lake Lure and the U.S. Army Corps of Engineers. These contacts are necessary to ensure that your restoration efforts are in compliance with the Sedimentation Pollution Control Act and Section 404 of the Clean Water Act. III. Failure to Secure a 401 WQC a. Clearly explain why appropriate a 401 Water Quality Certification and 404 Permit were not secured b. Provide a proposed schedule of when you expect to have the required 401 WQ Certification submitted to DWQ. c. It is required that you contact the United States Army Corps of Engineers to detennine if a 404 Permit is necessary for these restoration activities. d. Satisfactory stream restoration requires planting in accordance with the EEP Publication "Guidelines for Riparian Buffer Restoration". This document is available electronically at http://www.neeen.net/news/reports/buffers.vdf. 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 Quality 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 j 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 Chuck Cranford (828) 296-4500. Sincerely, 71 pev Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Clint Calhoun-Town of Lake Lure G:\WPDATA\DEMWQ\Rutherford\Complaints-Misc\HighlandsOfLakeLure\NOV-2008-OP-0061.V2--1-9-08.doc Beverly Eaves Perdue, Governor QG Dee Freeman, Secretary North Carolina Department of Environment and Natural Resources © Coleen H. Sullins Director Division of Water Quality January 13, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9807 Summit Charter School Foundation Cheryl Benitez PO Box 2493 Cashiers,NC 28717 Subject: Stormwater Management Permit Application Additional Information Request Summit Charter School Cashiers,NC Jackson County Dear Ms. Benitez: The Division of Water Quality (DWQ) received a Stormwater Management Permit Application for the subject project on November 7, 2008. The preliminary review has determined that the application is incomplete. I performed a site visit on December 16, 2008 at the Summit Charter School, On January . 8, 2009, 1 met with your Engineer, Victor Lofquist, to discuss my findings and the additional items needed to complete the application review process. The following information is needed in order to conduct a complete review: 1. Drawings to scale are required. 2. Best Management Practices (BMP) Supplement forms are required for each structure/drainage. area. These forms can be found at: http://h2o.enr.state.nc.us/su/bmp_forms.htm 3. It appears that a 3rd and possibly a 4th structure will be needed to accommodate the faculty parking along with the North West building. Your Engineer will do another site visit to re- evaluate drainage and structures needed. 4. Please clarify if the "future gymnasium" indicated on plans, is incorporated in the calculations and design. Keep in mind Stormwater Permits are issued with respect to the nature and volume of stormwater described in the application. Any future changes to the site footprint that would NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Customer Service Internet: www.newaterguality.org Fax (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Jackson\State Stormwater Management\Summit Charter School\SummitCharterSchool-add info.doc An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper Summit Charter School Foundation Page 2 of 2 January 13, 2009 increase impervious surface, which are not included in this application, would require a permit modification. The Division of Water Quality is allowed 90 days from the receipt of a completed application to issue the permit. You must submit the requested information within 30 days. If the requested information is not received within 30 days the application will be returned as incomplete. Original documents must be provided; copies are not acceptable. If you have any questions, please contact me at (828) 296-4653. Sincerely, 11 Linda Wiggs Division of Water Quality Asheville Regional Office Cc: ARO Files Central Files U Lofquist and Associates, Inc. Victor Lofquist 11 Citrus Drive Sylva, NC 28779 Beverly Eaves Perdue,Governor Dee Freeman,Secretary Q� North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director LA Division of Water Quality o c Asheville Regional Office SURFACE WATER PROTECTION January 13, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9791 Robert M Shanahan Blue Ridge Paper Products Inc 175 Main St PO Box 4000 Canton NC 28716 Subject: NOTICE OF VIOLATION NOV-2009-LV-0011 Permit No. N00000272 Canton Mill Haywood County Dear Mr. Shanahan: A review of the Canton Mill's monitoring report for October 2008 showed the following violation: Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day (20 Deg. C) 10/31/08 10,897 12,874 Ibs/day Daily Maximum Ibs/day Exceeded Remedial actions, if not already implemented, should be taken to correct any problems. 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: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Keith Haynes. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If you should have any questions, please do not hesitate to contact Mr. Haynes or me at 828/296-4500. Sincerely, �t e { Roger C. Edwards, Regional Supervisor Surface Water Protection cc: WQ Central Files ARO Files NPDES Unit NorthCarolina Natarally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 A �.-, /��. 1 �� Beverly Eaves Perdue,Governor .t1n Dee Freeman,Secretary 7 �G North Carolina Department of Environment and Natural Resources Coleen H,Sullins,Director LA n- Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION January 13, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED—7007 1490 0004 0798 9784 Mr. James T. Asbury, Divisional Facilities Manager Pilot Travel Centers LLC 5508 Lonas Road Knoxville, Tennessee 37909 Subject: NOTICE OF VIOLATION NOV-2009-MV-0009 Permit No. NCO086053 Pilot Travel Center#393 WWTP Haywood County Dear Mr. Asbury: A review of Pilot Travel Center WWTP #393's monitoring report for September 2008 showed the following violations: Parameter Date Measuring Violation Frequency Flow 09/01/2008 Continuous Failure to Monitor Compliance Issue: 15A NCAC 028.0506 (b)(3)(L): Certification by the Operator in Responsible Charge (ORC) The September 2008 DMR listed Mike Williams as the ORC along with his signature. Mr. Williams has not worked for Environmental Inc. for several months. Gray Wike is currently the ORC and must sign and certify the DMR. Compliance Issue: Part II Section B. 11. b. and d. of your NPDES permit: Signatory Requirements : All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. Signatory authority must be on file with the state for "signature of permittee' on the reverse of the DMR. North Carolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 Mr. James T. Asbury January 13, 2009 Page 2 Remedial actions, if not already implemented, should be taken to correct any problem. The Division of Water Quality may pursue enforcement actions for this and any additional violations of State law. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, k ejA Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files Bob Guerra/ DWQ Enforcement Files Environmental Inc./ ORC Canna Jones/ Dynamis, Inc. GAWPDATA\DEMWQ\Haywood\86053 Pilot Travel Center\NOV-2009-MV-0009.86053.doc � E + {NT APDES PERMIT NO. NC6086053 s. DISCHARGE NO. 001 MONTH YEAR FACILITY NAME PILO`I TRAVEL CENTERS LL N.4�. 3 CLASS H COUNTY HAYWOOD OPERATOR IN RESPONSIBLI 1CHARGE(ORC ike Williams RADE II PH#_j828-293-9396 CERTIFIED LABORATO&IEO� ENVIRON RNANCE SYSTEMS #57 (2) CHECK I30X IF.ORC BIAS CHANO.ED PERSONS)db4fitQITING SAMPLES kdail ORIC,INAI,.flnd OI:[COPY to- r l / AT' CENT DI R L P ES W bF£N,W`RbNMENTAIe.NfANAGEMENT .DEHN � I1 _ (+� °, 3 1.0.II6 2953,5 V ,.>'"C IGNATURE OF''6PER.4TOR IN RESPONSIBLE CHARGE) �' DAT \ � r r [i Tf11S SIGIVA'fURE,I CERTIFYTFIAT THIS REPORT I,S-�C RATE 'D CO PL E TO TfiE RALEIGH NC 29G2G,0535 \ \ BEST Y KNOWLEDGE. g� 50050 00310 00530 00610 00556 31616 00406 00010 50060 .. s.` Enter NF C- v �• Pflfallletei' i~ gW. 3 1-0 Code Above �' E" 1' C. — 0 U Narne and O O �' Z Units below U +� H O � o � Z O w xn, E- E-0 U HR MIN Y/NB MGD mg/L mg/L mg/L mg/L #/IOOmL S.U. "C. µg/L 1 3 IL j '�' ' d -) I 4 1 I ' 1 s 123 P 2)l.? I 1 7 8 � ^`I LOU tc., 12 r. r ( c 1 13 1 ' ' 14 u: `sir � s•: rL 16 2 c' (%G N 17 l` f) 18 Q 19 )?j 20 _ Y .�'' 21 JI Q 22 '0 23 j 24 ic 25 26 ti u 27 28 ; 29 j C)i 30 31 AVERAGE 1. s (. MAXIMUM N LI I LMINIMUM ? Z ! Com osition C /Grab G C C C G G G G G Monthly imit 0.025 30 30 �11.9_ �0 200� 6-9 28 s B de must visit facility a d d �Jnt visitation of facility as required per 15A NCAC.0202(b)(5)(B). II denotes backu o er "� GeometricL.�a" Ism aA®� p� o ° Facility Status:(Please check one of the following) All monitoring data and sampling frequencies meet permit requirements Compliant All monitoring data and sampling frequencies do NOT meet:permit requirements Noncompliant If the facility is noncompliant,please comment on corrective actions being taken in respect to equipment,operation, maintenance,etc.,and a time table for improvements to be made. "I certify,under penalty of law,that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate,and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." � Pilot Travel Centers LLC 1 ermittee(Please print or type) S na re f ermi e* Date P.O.Box 750,Waynesville,NC 28786 ( 28)627-8611 1/31/2011_ Permittee Address Phone Number Permit Exp.Date PARAMETER CODES 00010 Temperature 00600 Tot.Nitrogen 01027 Cadmium 31616 Fecal Coliform 00076 Turbidity 00610 Ammonia-N 01032 Hexavalent 32730 Tot.Phenolics 00080 Color(Pt-Co) 00625 Tot.Kjeldhal-N 01034 Chromium 34235 Benzene 00082 Color(ADMI) 00630 Nitrates/Nitrites 01037 Chromium 34481 Toluene 00095 Conductivity 00665 Tot.Phosphorus 01042 Tot. Cobalt 38260 MBAS 00300 Dissolved OZ 00720 Cyanide 01045 Copper 39516 PCBs 00310 BODS 00745 Tot. Sulfide 01051 Iron 50050 Flow 00340 COD 00927 Tot.Magnesium 01067 Lead 50060 Tot.Residual. Chl. 00400 pH 00929 Tot. Sodium 01077 Nickel 71880 Formaldehyde 00530 Tot.Susp.Residue 00940 Tot.Chlorine 01092 Silver 71900 Mercury 00545 Settleable Matter . 00951 Tot.Fluoride 01105 Zinc 81551 Xylene 00556 Oil&Grease 01002 Tot.Arsenic 01147 Aluminum Tot. Selenium Parameter code assistance may be obtained by calling the Water Quality Compliance Group at(919)733-5083, extension 581 or 534. The monthly average for fecal coliform is to reported as a GEOMETRIC mean. Use only units designated in the reporting facility's permit for reporting data. *If signed by other than the permittee,delegation of signatory authority must be on file with the state per 15A 1 NCAC 213.0506(b)(2)(D). Beverly Eaves Perdue,Governor Qp Dee Freeman,Secretary t-- North Carolina Department of Environment and Natural Resources �} Coleen H.Sullins,Director Division of Water Quality January 13, 2009 DWQ Project# 08-1784 Jackson County Edward and Diana Hoffer PO Box 266 Glenville,NC 28736 Subject Property: Edward and Diana Hoffer Property 1840 Woods Mtn Trail Point Thorpe Lake(Glenville Lake) - Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. and Mrs. Hoffer: You have our approval, in accordance with the attached conditions and those listed below,to place fill within or otherwise impact 312.5 square feet(0.0071 acres)of open waters below normal pool lake level, and 312.5 square feet(0,0071 acres) above normal pool lake level for the purpose of shoreline stabilization along 125 linear feet of shoreline at the subject property, as described within your application dated November 24,2008 and received by the N.C. Division of Water Quality(DWQ)on December 3, 2008. After reviewing your application,we have decided that the impacts are covered by General Water Quality Certification Number(s)3693 (GC3693). The Certification(s)allows you to use Regional Permit(s) 30 when issued by the US Army Corps of Engineers(USACE). In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including(but not limited to)Erosion and Sediment Control,Non-discharge, and Stormwater regulations. Also,this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project,you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project(now or in the future)exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification(or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters 0.0071 (acres) 312.5 s .ft. below lake level Waters 0.0071 (acres) 312.5 sq.ft. above lake level NorthCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Jackson\401 s\08-1784HofferAPPROVAL.doc An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Mr.&Mrs".11, Page 2� January 13,206-_ Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Ian McMillan or Cyndi Karoly in the Central Office in Raleigh at 919-733-1786 or Linda Wiggs in the DWQ Asheville Regional Office at 828-296-4500. Sincerely, Coleen H. Sullins,Director Enclosures: GC 3693 i Certificate of Completion cc: 401/Wetland Unit USACE Asheville Regulatory Field Office DWQ Asheville Regional Office Central Files Duke Energy-Lake Services-Lisa Leatherman Martin Enterprises-Bob Martin PO Box 304 Glenville NC 28736 Jt A� R Beverly Eaves Perdue,Governor 4. C Dee Freeman,Secretary North Carolina Department of Environment and Natural Resources p Coleen H.Sullins,Director Division of Water Quality January 13, 2009 Tenant Ms. Erika S. Love 8 Asbury Road 10 Asbury Road Asheville, North Carolina 28804 Asheville, North Carolina 28804 Mr. Vincent Conti Ms. Kim Rosenstein 16 Asbury Road 22 Asbury Road Asheville, North Carolina 28804 Asheville, North Carolina 28804 Ms. Lee Madison 28 Asbury Road Asheville, North Carolina 28804 Subject: Illegal Discharge of Sewage Asbury Road Buncombe County Dear Sirs and Madams: In the 1940s a private sewer line was constructed down Asbury Road providing sewer service to homes along Asbury until the mid 1990s when the City of Asheville constructed a new sewer line down the middle of the street. The City also provided individual clean-outs, connected to the new sewer, for the use of each homeowner on Asbury. The City did not however hook each existing home to its respective cleanout leaving the making of that connection up to each homeowner. Some homeowners tied their homes to their new cleanout, some chose to remain connected to the old sewer. The old private sewer along Asbury is now blocked and overflowing raw sewage into the roadside ditch. You need to determine whether your Asbury Road house is hooked to the new sewer or the old blocked and overflowing sewer. If you are uncertain, call me and we will put dye in a water fixture in your house and see if dyed sewage shows up in the ditch. If you know that your Asbury Road house is connected to the old sewer you must go ahead and hire a plumber to connect your service line to the new sewer. The discharge of sewage onto the surface of the ground is a violation of North Carolina General Statute 143-215.1(a). Violations of North Carolina General Statute 143- 215.1(a) are punishable by Civil Penalties of up to $25,000 per day with each day a violation continues being considered a separate violation. North Carolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)2964500 Internet: www.ncwaterquality.org Customer Service 1-877-623-6748 FAX (828)299-7043 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper am only sending this letter to home owners on the south-east side of Asbury because the status of homes on the opposite side of the street has already been determined. You will notice a plumber working in yards across the street; tying certain homes into the new sewer line. Please call me if you need help in determining whether your Asbury Road home is tied to the old or new sewer. Conversely, if you know that your house is hooked to the old, overflowing sewer, go ahead and hire a plumber to hook your service line to your new cleanout. Please call me at (828) 296-4659 either to ask for my help or let me know that your house is tied to the new sewer so I can mark you off my list. Sincerely, Roy M. avis Environmental Engineer Xc: Ken Stines, MSD G-.\WPDATA\DEMWQ\Buncombe\MSD Collection System\Asbury Road.09.doc Beverly Eaves Perdue,Governor Q Dee Freeman,Secretary North Carolina Department of Environment and Natural Resources FColeen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION January 13, 2009 Tony Johnson Baxter Healthcare Corporation PO Box 1390 Marion NC 28752 SUBJECT: Compliance Sampling Inspection Baxter Healthcare Corporation Permit No: NC0006564 McDowell County Dear Mr. Johnson: Enclosed please find a copy of the Compliance Sampling Inspection conducted on December 10, 2008. The Compliance Sampling Inspection was conducted by Jeff Menzel of the Asheville Regional Office under the supervision of Louis Salguero with the Environmental Protection Agency. The facility was found to be in Compliance with permit N00006564. 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, r Jeff Menzel Enclosure cc: Stephen Douglas Gouge, ORC Central Files Asheville Files NorthCarolina Naturrally 2090 U.S.Highway 70, Swannanoa, NC 28778 Telephone: (828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 G:\WPDATA\DEMWQ\Mcdowell\Baxter 06564 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 I NI 2 151 31 NC0006564 Ill 121 08/12/10 1 17 181 SI 191 C1 20I Remarks _J J 21111111111111111IIIIIIIII1111IIIIIIIIIIL IIII1116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ---------------------------Reserved-------------------- 671 169 701 4I 711 1 721 NI 73L_U 74 751 I I I I I I 180 L— 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) 10:00 AM 08/12/10 05/03/01 Baxter Healthcare Corporation US Hwy 221 N Exit Time/Date Permit Expiration Date Marion NC 28752 12:00 PM 08/12/10 10/01/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Stephen Douglas Gouge/ORC/828-756-6618/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Tony Johnson,PO Box 1390 Marion NC 2&752//828-756-6530/ yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement Operations&Maintenance N Records/Reports 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 Jeff Menzel ARO WQ//828-296-4500/ I ®Z, 6 Signature of.Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards 'f'�" AROWQ//828-296-4500/ ( C 6 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 Permit: NC0006564 Owner-Facility: Baxter Healthcare Corporation Inspection Date: 12/10/2008 Inspection Type: Compliance Sampling Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ In 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? ■ ❑ ❑ ❑ 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)? ■ ❑ ❑ In Are analytical results consistent with data reported on DMRs? ■ ❑ ❑ ❑ Is the chain-of-custody complete? ■ Cl ❑ ❑ Dates, times and location of sampling ■ Name of individual performing the sampling ■ Results of analysis and calibration ■ I 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? ■ ❑ ❑ In (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? ■ ❑ ❑ Q Is the backup operator certified at grade less or greater than the facility classification? ■ ❑ 0 ❑ 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: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Page# 3 Permit: NC0006564 owner-Facility: Baxter Healthcare Corporation Inspection Date: 12/10/2008 Inspection Type: Compliance Sampling Aeration Basins Yes No NA NE Is the DO level acceptable? n n n Is the DO level acceptable?(1.0 to 3.0 mg/1) n n n Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ❑ n n Is the site free of excessive buildup of solids in center well of circular clarifier? n n n Are weirs level? ❑ n Q Is the site free of weir blockage? n ❑ O Is the site free of.evidence of short-circuiting? n ❑ n Is scum removal adequate? Cl ❑ Is the site free of excessive floating sludge? n Q n Is the drive unit operational? n ❑ n Is the return rate acceptable(low turbulence)? n L ■ Is the overflow clear of excessive solids/pin floc? ® ❑ n n Is the sludge blanket level acceptable?(Approximately'/4 of the sidewall depth) ® ® ❑ Comment: Filtration (High Rate Tertiary) Yes No NA NE Type of operation: Is the filter media present? ■ O n 11 Is the filter surface free of clogging? ■ ❑ Q n Is the filter free of growth? ❑ ❑ ■ ❑ Is the air scour operational? n ❑ ® n Is the scouring acceptable? ❑ n ® ❑ Is the clear well free of excessive solids and filter media? ■ n Q ❑ Comment: Standby Power Yes No NA NE Is automatically activated standby power available? ■ n n n Is the generator tested by interrupting primary power source? n n n Is the generator tested under load? ■ Was generator tested&operational during the inspection? ❑ n n ■ Page# 5 4 ` . . Beverly Eaves Perdue,Governor Q Dee Williams,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins.Director i Division of Water Quality `C Asheville Regional Office SURFACE WATER PROTECTION January 14, 2009 Mr. Tim H. Holloman, Town Manager Town of Columbus Post Ofice Box 146 Columbus, North Carolina 28722 SUBJECT: Manhole Replacement Project Town of Columbus Wastewater Collection System Permit No: WQCS00140 Polk County Dear Mr. Holloman: It is my understanding that the Town of Columbus is seeking assistance in funding the replacement of approximately 35 manholes located along the Town's Milliken sewer. recall a few years ago that I was involved in smoke testing this fifteen inch sewer. We found the brick manholes to be badly deteriorated and subject to infiltration and inflow. Replacement of these manholes is a logical step in removing extraneous flow from Town's collection system therefore I strongly support such a project. wish the Town success in its endeavors to secure funding for this project. Should I be able to assist in this matter, please do not hesitate to call me at (828)296-4659. Sincerely, Roy M. D vis Environmental Engineer Enclosure xc: Mike Waresak, McGill Associates Surface Water Protection Central Files Asheville Files G:\WPDATA\DEMWQ\POLK\Columbus Collection System\Columbus Grant Application.09.doc IWtthCarolina Naturally 2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone:(828)296-4500 Fax: (828)299-7043 Customer Service 1 877 623-6748 �L �� ;�� �% __ _._ A'',"iLA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue, Governor Dee Freeman, Secretary Coleen H. Sullins, Director SURFACE WATER PROTECTION January 14, 2009 Ms. Julie Haigler-Cuberta Rural Economic Development Center, Inc. Planning Grants Program 4021 Carya Drive Raleigh,NC 27610 Subject: Town of Murphy Sewer/Water Study Grant Request Cherokee County,NC Dear Ms. Haigler-Cuberta: This Office is receipt of information from McGill Associates in which they are informing the Division of Water Quality of their intention of applying for a grant in order to assist the Town of Murphy in addressing and or preventing problems associated with the Town's waste water collection system and waste water treatment plant. It is the opinion of staff of this Office that this would be an excellent project to pursue, thus we are in full support of McGill Associates effort to obtain a grant in order to undertake this study. The Town has experienced some problems with its collection system and has also reported NPDES permit effluent limit violations in the past. This study would also assist the Town in improving its collection system maps and also provide insight for future additions to the Town's the Capital Improvement Plan, both of which are requirements of the Town's collection system permit. Anytime steps can be taken to prevent Inflow and Infiltration, progress is made toward the ability of a municipality to properly convey and treat wastewater, thus helping to maintain good surface water quality, which is obviously the mission of this Division. If you have any questions or if you need additional information, please contact Mr. Keith Haynes or me at 828/2.96-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection cc: Forrest Westall,McGill Steven Miller,McGill NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Asheville Regional Office Internet: www.ncwaterguality.org FAX: 828-299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper GAWPDATA\DEMWQ\Cherokee\20940 Murphy WWTP\Ruralcenter011409.doe `NA h' Beverly Eaves Perdue,Governor J pG Dee Freeman,Secretary 0 �- North Carolina Department of Environment and Natural Resources ® Coleen H.Sullins,Director Division of Water Quality January 15, 2009 .CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9821 Mr. William R. Grimes 197 Buffalo Shoals Road Lake Lure, N.C. 28746 Subject: Show Cause Meeting Lake Lure WWTP NPDES Permit No. N00025381 Rutherford County Dear Mr. Grimes: This letter is to notify you the Asheville Regional Office of the Division of Water Quality is requesting you attend a show cause meeting concerning the operation, maintenance, and record keeping for the Lake Lure WWTP, National Pollutant Discharge Elimination System (NPDES) Permit number NCO025381 located in Rutherford County. It has come to staff attention in the Asheville Regional Office that concerns were noted regarding data reported on Lake Lure WWTP, monthly discharge monitoring reports, and observations made during a recent Compliance Sampling Inspection conducted on December 3, 2008. You are listed as the Operator in Responsible Charge for this facility. You are requested to bring all information necessary to explain operation, maintenance, reporting, and sludge management for the Lake Lure WWTP, for the past three (3) years in accordance with NCAC T15A 02B .0506 (c) (3). This is to include all Logs, Process Control Bench sheets, Logs of Operator rounds, solids wasting data and any other information you feel important regarding the operation and maintenance of the facility. Mailing Address Phone(919)807-6300 Location One Carola 1617 Maii Service Center Fax (919)807-6492 512 N.Salisbury St. aturall Raleigh,NC 27699-1617 Raleigh, NC 27604 Internet: www.ncwaterguality.org Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Mr. Grimes December 16, 2009 Page Two This Show Cause Meeting will be held in the conference room at the Asheville Regional Office located at 2090 U.S. Highway 70 in Swannanoa, N.C. at 10:00 AM on February 3, 2009. Based on the information provided at this meeting a decision will be made as whether or not to refer this issue to the Chairman of the Water Pollution Control System Operators Certification Commission for further action. If you have any questions concerning this matter, please contact Donald R. Price at 828/296-4500. Sincerely, tCeti Roger C. Edwards Regional Supervisor, Surface Water Protection Division of Water Quality xc: Jerry Rimmer, Technical Assistance & Certification Unit Supervisor Don Price Jeff Menzel ,dATF Beverly Eaves Perdue,Governor Q� Dee Freeman,Secretary / r7 North Carolina Department of Environment and Natural Resources > p Coleen H.Sullins,Director Division of Water Quality January 15, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9814 Mr. Donnie S McCraw 197 Marylee Drive Mill Spring, N.C. 28756-8706 Subject: Show Cause Meeting Lake Lure WWTP _ NPDES Permit No. NCO025381 Rutherford County Dear Mr. McCraw: This letter is to notify you the Asheville Regional Office of the Division of Water Quality is requesting you attend a show cause meeting concerning the operation, maintenance, and record keeping for the Lake Lure WWTP, National Pollutant Discharge Elimination System (NPDES) Permit number NCO025381 located in Rutherford County. It has come to staff attention in the Asheville Regional Office that concerns were noted regarding data reported on Lake Lure WWTP, monthly discharge monitoring reports, and observations made during a recent Compliance Sampling Inspection conducted on December 3, 2008. You are listed as the Back-up Operator in Responsible Charge for this facility. You are requested to bring all information necessary to explain operation, maintenance, reporting, and sludge management for the Lake Lure WWTP, for the past three (3) years in accordance with NCAC T15A 02B .0506 (c) (3). This is to include all Logs, Process Control Bench sheets, Logs of Operator rounds, solids wasting data and any other information you feel important regarding the operation and maintenance of the facility. Mailing Address Phone(919)807-6300 Location NorthCarolina 1617 Mail Service Center Fax (919)607-6492 612 N.Salisbury St. �/_V61 1lt�Cl�f Raleigh,NC 27699-1617 Raleigh, NC 27604 Internet: www.ncwaterguality.org Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Mr. McCraw December 16, 2009 Page Two This Show Cause Meeting will be held in the conference room at the Asheville Regional Office located at 2090 U.S. Highway 70 in Swannanoa, N.C. at 10:00 AM on February 3, 2009. Based on the information provided at this meeting a decision will be made as whether or not to refer this issue to the Chairman of the Water Pollution Control System Operators Certification Commission for further action. If you have any questions concerning this matter, please contact Donald R. Price at 828/296-4500. Sincerely, Roger C. Edwards Regional Supervisor, Surface Water Protection Division of Water Quality xc: Jerry Rimmer, Technical Assistance & Certification Unit Supervisor Don Price Jeff Menzel 0�WAT4:� Beverly Eaves Perdue, Governor Dee Freeman,Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director ® Division of Water Quality Asheville January 16, 2009 Mr. Sam Greenwood, Town Manager Town of Franklin, 188 West Main Street Franklin, North Carolina 28734 Subject: Permit No. WQ0033743 Town of Franklin Crawford Branch Sewer Line Wastewater Collection System Extension Macon County Dear Mr. Greenwood: In accordance with your application received on January 5, 2009 we are forwarding herewith Permit No. WQ0033743, dated January 16, 2009 to the Town of Franklin for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which 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. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility 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. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70, Swannanoa,NC 28778 Telephone (828)296-4500 Fax (828)299-7043 NorthCarolina DENR Customer Service Center Telephone 1 800 623-7748 Naturally An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Town of Franklin January 16, 2009 Page 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North _ Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Town of Franklin for the construction and operation of approximately 2,598 linear feet of 8-inch diameter gravity sewer, 118 linear feet of 12-inch diameter gravity sewer and 9,119 linear feet of 16-inch diameter gravity sewer along Crawford Branch with the discharge of no additional wastewater into the Town of Franklin's existing sewerage system, pursuant to the application received on January 5, 2009 and in conformity with 15A NCAC 2T .0305; 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. The sewage and wastewater collected by this system shall be treated in the Town of Franklin's Wastewater Treatment Facility (Permit No. N00021547) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition,conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, for Cole n H. Sullins, Director Division of Water Quality cc: Macon County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0021547) Joseph J. Meliski, PE Surface Water Protection Section Central files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TOWN OF FRANKLIN CRAWFORD BRANCH SEWER LINE MACON COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0033743 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 213 .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be 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-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 26 .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. 1 Permit No W00033743 Town of Franklin Crawford Branch Sewer Line, Macon County, January 2009 4. 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. 5. Construction of the gravity sewers, pump stations; and force mains shall be scheduled sous 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. - 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T .0200; 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 Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. - 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0200; 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. 9. 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. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 At No WQ0033743 Town of Franklin}Crawford Branch Sewer Line Macon County, January 16. 2009 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 failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. 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 Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part Il of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 16t" day of January, 2009 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0033743' 3 Permit No W00033743 Town of Franklin, Crawford Branch Sewer Line, Macon County, January 16 2009 ENGINEERING CERTIFICATION ®POST CONSTRUCTION System Description: approximately 2,598 linear feet of 8-inch diameter gravity sewer, 118 linear feet of 12-inch diameter gravity sewer and 9,119 linear feet of 16-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: ® One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension ® supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project ® Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑periodically, ❑ weekly, ❑ full time)the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C.EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. Beverly Eaves Perdue,Governor Dee Williams,Secretary �G North Carolina Department of Environment and Natural Resources r Coleen H.Sullins.Director Division of Water Quality 'C Asheville Regional Office SURFACE WATER PROTECTION January 16, 2009 Ms. Connie South, Town Manager Town of Cajah's Mountain 1800 Connelly Springs Road Lenoir, North Carolina 28645 SUBJECT: Compliance Evaluation Inspection Town of Cajah's Mountain Wastewater Collection System Permit No: WQCS00317 Caldwell County Dear Ms. South: Enclosed you will find the report resulting from the Collection System Compliance Evaluation Inspection which I conducted at Cajah's Mountain on January 14, 2009. The Town of Cajah's Mountain is doing a good job of operating and maintaining its wastewater collection system. Files were in good order and the Town now has an excellent collection system map. Please tell everyone involved that I appreciate their effort. Please also thank the Town Council for its financial support of this program. Would you please send another copy of the Town's most recent Operator Designation Form for the Collection System to Gail Winley at FAX (919)733-1338. The information on the most recently submitted form seems not to have made its way into our data base. Should you have need to discuss this inspection report please do not hesitate to call me at (828) 296-4659. Sincerely, Roy M. avis Environmental Engineer Enclosure cc: Brent Townsend, CSORC, Town of Cajah's Mountain PERCS Unit Asheville Regional Office Central Files Surface Water Protection Section Central Files G:\WPDATA\DEMWQ\Caldwell\Cajah's Mtn. Collection System\Cajah's Mtn. CS CEI Cover Letter.09.doc NorthCarolina Xaturallil 2090 U.S. Highway 70,Swannanoa, NC 28778 Telephone: (828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 Compliance Inspection Report Permit: WQCS00317 Effective: 06/08/05 Expiration: 05/31/10 Owner: Town Of Cajah's Mountain SOC: Effective: Expiration: Facility: Cajah Mountain Collection System County: Caldwell Region: Asheville Contact Person: Brad Herman Title: Phone:828-728-5053 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: WQCS00035 City of Lenoir-Lenoir Collection System NC0023736 City of Lenoir-Gunpowder Creek WWTP Inspection Date: 01/14/2009 Entry Time: 09:30 AM Exit Time: 11:30 AM Primary Inspector: Roy M Davis Phone:828-296-4500 Ext.4659 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type:Compliance Evaluation Permit Inspection Type: Collection system management and operation Facility Status: E Compliant ❑ Not Compliant Question Areas: ®Miscellaneous Questions ®Performance Standards Operation&Maint Reqmts Records ®Monitoring&Rpting ®Inspections ®Pump Station Manhole Reqmts ®Lines (See attachment summary) Page: 1 Permit:WQCS00317 Owner-Facility:Town Of Cajah's Mountain Inspection Date: 01/14/2009 Inspection Type:Compliance Evaluation Reason for Visit: Routine Inspection Summary: The sewage collection system serving Cajah's Mountain is being extremely well maintained and operated. Page: 2 Permit:WOCS00317 Owner-Facility:Town Of Cajah's Mountain Inspection®ate: 01/14/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? What educational tools are used? Article appearing twice each year in Town newsletter. Is Sewer Use Ordinance/Legal Authority available? Does it appear that the Sewer Use Ordinance is enforced? 0 D 11 Is Grease Trap Ordinance available? 0 n Is Septic Tank Ordinance available(as applicable, i.e.annexation) 0 0 fl List enforcement actions by permittee, if any,in the last 12 months None Has an acceptable Capital Improvement Plan(CIP)been implemented? 0 0 n Does CIP address short term needs and long term\"master plan\"concepts? Ell D ❑ Does CIP cover three to five year period? 11 El 0 Does CIP include Goal Statement? 0 0 D Does CIP include description of project area? Does CIP include description of existing facilities? ❑ ❑ Ell Does CIP include known deficiencies? Q rl Cl Does CIP include forecasted future needs? ® 0 ❑ 1 Is CIP designated only for wastewater collection and treatment? ■ Q Q El Approximate capital improvement budget for collection system? $1,000,000.00 Total annual revenue for wastewater collection and treatment? $73,000.00 CIP Comments Is system free of known points of bypass? ® f=1 ❑ El If no,describe type of bypass and location NA Is a 24-hour notification sign posted at ALL pump stations? #Does the sign include: Instructions for notification? ❑ ❑ ❑ Pump station identifier? ® ❑ Cl 0 24-hour contact numbers ® n If no, list deficient pump stations None Page: 3 Permit:WQCS00317 owner-Facility:Town Of Cajah's Mountain Inspection Date: 01/14/2009 inspection Type:Compliance Evaluation Reason for Visit Routine #Do ALL pump stations have an"auto polling"feature/SCADA? n n 1 Number of pump stations Number of pump stations that have SCADA 0 Number of pump stations that have simple telemetry 1 Number of pump stations that have only audible and visual alarms 0 Number of pump stations that do not meet permit requirements 0 #Does the permittee have a root control program? 00110 #If yes,date implemented? Describe: Town has no need to practice chemical root control. Comment: Yes No NA NE Inspections Are maintenance records for sewer lines available? n n n Are records available that document pump station inspections? n n n Are SCADA or telemetry equipped pump stations inspected at least once a week? n n n Are non-SCADA/telemetry equipped pump stations inspected every day? n 0 ® n / Are records available that document citizen complaints? ® n n #Do you have a system to conduct an annual observation of entire system? ® n #Has there been an observation of remote areas in the last year? ® ❑ 0 Are records available that document inspections of high-priority lines? ® n Q ❑ Has there been visual inspections of high-priority lines in last six months? ® n n n Comment: . Operation & Maintenance Requirements Yes No NA NE Are all log books available? Cl ❑ ® n Does supervisor review all log books on a regular basis? n ® n Does the supervisor have plans to address documented short-term problem areas? n 0 00 What is the schedule for reviewing inspection, maintenance, &operations logs and problem areas? Town contracts maintenance of collection system. Are maintenance records for equipment available? ■ ❑ ❑ n Is a schedule maintained for testing emergency/standby equipment? ® n n n What is the schedule for testing emergency/standby equipment? Generator-weekly. Page: 4 Permit:WQCS00317 Owner-Facility:Town Of Cajah's Mountain Inspection Date: 01/14/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine Do pump station logs include: Inside and outside cleaning and debris removal? n 0 n Inspecting and exercising all valves? Inspecting and lubricating pumps and other equipment? r1 11 fl Inspecting alarms,telemetry and auxiliary equipment? ❑ 0 0 Is there at least one spare pump for each pump station w/o pump reliability? n 0 N n Are maintenance records for right-of-ways available? 0 n n n Are right-of-ways currently accessible in the event of an emergency? E n n El Are system cleaning records available? n n Has at least 10%of system been cleaned annually? 0 0 n n What areas are scheduled for cleaning in the next 12 months? 10%of collection system. Is a Spill Response Action Plan available? n n n Does the plan include: 24-hour contact numbers n 0 n Response time n Equipment list and spare parts inventory n ® � Access to cleaning equipment n n Access to construction crews, contractors, and/or engineers ® ® Source of emergency funds n ❑ Q Site sanitation and cleanup materials ® El Q 0 Post-overflow/spill assessment Q ® ❑ El Is a Spill Response Action Plan available for all personnel? ® n n n Is the spare parts inventory adequate? ® n Q n Comment: Records Yes No NA NE Are adequate records of all SSOs,spills and complaints available? ❑ n ■ Are records of SSOs that are under the reportable threshold available? ❑ Q ® n Do spill records indicate repeated overflows(2 or more in 12 months)at same location? ❑ ■ ❑ n If yes,is there a corrective action plan? Q Is a map of the system available? ■ ❑ n ❑ Page: 5 Permit:WQCS00317 Owner-Facility:Town Of Cajah's Mountain Inspection Date: 01/14/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine Does the map include: Pipe sizes n n Pipe materials mn n Pipe location n n 0 Flow direction n D 0 Approximate pipe age 0 0 n Number of service taps Pump stations and capacity n 0 Cl If no,what percent is complete? 100 List any modifications and extensions that need to be added to the map None #Does the permittee have a copy of their permit? [l i1 D Comment: Monitoring and Reporting Requirements Yes No NA NE Are copies of required press releases and distribution lists available? n [I N 0 Are public notices and proof of publication available? rl [I #Is an annual report being prepared in accordance with G.S. 143-215.1C? ® ❑ ❑ n #Is permittee compliant with all compliance schedules in the permits? ❑ n w n If no,which one(s)? NA Comment: ONE AND ONLY - Brandon Road Pump Station Yes No NA NE Pump station type Duplex Are pump station logs available? ■ O 0 n Is it accessible in all weather conditions? ® n n n #Is general housekeeping acceptable? ® ❑ n 1-1 Are all pumps present? i n ❑ n Are all pumps operable? N n n n Are wet wells free of excessive debris? ® n n n Are upstream manholes free of excessive debris/signs of overflow? ® n n n Page: 6 Permit:WQCS00317 Owner-Facility:Town Of Cajah's Mountain Inspection Date: 01/14/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine Are floats/controls for pumps/alarms operable? C1 Ej 0 Is"auto polling"feature/SCADA present? D 17, Is"auto polling"feature/SCADA operational? o o m n Is simple telemetry present? El 0 0 [i Is simple telemetry operational? ❑ fl Are audio and visual alarms present? n [I n Are audio and visual alarms operable? 0 n Is the Pump station inspected as required? n E) f1 Are backflow devices in place? Q n Are backflow devices operable? D D n Are air relief valves in place? D ❑ Are air relief valves operable? E) 0 # Is an emergency generator available? 0 D 0 Can the emergency generator run the pumps? 0 0 Cl Is the pump station equipped for quick hook-up? 0 n ® E Is the generator operable? ® 0 E) [I #Is fuel in tank and sufficient? ® ❑ n ❑ Is the generator inspected according to their schedule? ® � ❑ (1 Is a 24-hour notification sign posted? ® Q ❑ Does it include: Instructions for notification? ® n ❑ 0 Pump station identifier? ® � ❑ Emergency phone number ® ❑ [1 Is public access limited? ® Q Is pump station free of overflow piping? ® ❑ Is the pump station free of signs of overflow? ® O n Are run times comparable for multiple pumps? Yes Comment: Extremely well maintained pump station. Page: 7 Beverly Perdue,Governor Dee Feeman,Secretary Q� North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director r Division of Water Quality C Asheville Regional Office SURFACE WATER PROTECTION January 20, 2009 Harriet Kapossy 5637 Wrangler Way Boomer,NC 28606 SUBJECT: Notice of Violation Response and Sediment Removal Plan Approval Kapossy Property Reference: NOV-2009-PC-0661 Caldwell County Dear Ms. Kapossy: A Notice of Violation(NOV), referenced above, was issued on September 9, 2008 for your property along Wrangler Way in Caldwell County. The Caldwell County Soil and Water Conservation District provided a Conservation Plan for land stabilization on October 24, 2008. And C.J. Saunders and Ron Haynes provided a Sediment Removal Plan as response for this NOV to the Division of Water Quality on December 19, 2008. The NOV requested sediment removal and land stabilization, specifically Required Response I a. and b. The Conservation and Sediment Removal Plans as amended through my site visit on December 22, 2008 and email contact with Ron Haynes is approved. Activities involved in these approved plans, as well as submittal of the final report, are to be completed by the end of March 2009. Sincerely, Linda Wiggs Environmental Specialist Surface Water Protection cc: ARO File Copy DWQ Central Files Kevin Clark-Caldwell Soil and Water C.J.Saunders Land,Timber and Survey Co 2315 Mountain Laurel Trail Morganton,NC 28655 None ilhCarolina 2090 U.S.Highway70, Swannanoa, NC 28778 Telephone: (828)296-4500 Fax: (828)299-7043 Customer Service 877-623-6748 G:\WPDATA\DEMWQ\Caldwell\kapossy\SedlmentRemovalAPPROVE.doc \� \\ I �_. `.. ��...\ �\... r�� Beverly Eaves Perdue,Governor G Dee Freeman,Secretary ,a North Carolina Department of Environment and Natural Resources C Coleen H.Sullins,Director Division of Water Quality January 20, 2009 D`J`JQ Project 4 08-1837 Jackson County Mark and Michael Russell 1874 Piedmont Ave.NE Ste: 300C Atlanta, GA 30324 Subject Property: Mark and Michael Russell Property White Squirrel Trail Thorpe Lake(Glenville Lake) Approval of 401 Water Quality Certification with Additional Conditions Dear Messrs: You have our approval, in accordance with the attached conditions and those listed below,to place fill within or otherwise impact 1600 square feet(0.037 acres)of open waters below normal pool lake level for the purpose of shoreline stabilization along 200 linear feet of shoreline at the subject property, as described within your application dated November 19, 2008 and received by the N.C. Division of Water Quality(DWQ) on December 15, 2008. After reviewing your application,we have decided that the impacts are covered by General Water Quality Certification Number(s) 3693 (GC3693). The Certification(s)allows you to use Regional Permit(s)30 when issued by the US Army Corps of Engineers (USACE). In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including(but not limited to)Erosion and Sediment Control,Non-discharge, and Stormwater regulations. Also,this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This approval is for the purpose and design that you described in your application. If you change your project,you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project(now or in the future)exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification(or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters 0.037 (acres) 1600 sq.ft. below lake level NorthCarolina �67tslCGlll f North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www-ncwaterquality,org FAX (828)299-7043 1-877-623-6748 GAWPDATA\DEMWQ\Jackson\401 s\08-1837RussellAPPROVAL.doc An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Page 26, January 20,2009\ Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct - impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Ian McMillan or Cyndi Karoly in the Central Office in Raleigh at 919-733-1786 or Linda Wiggs in the DWQ Asheville Regional Office at 828-296-4500. Sincerely, -t Coleen H. Sullins, Director Enclosures: GC 3693 Certificate of Completion cc: 401/Wetland Unit USACE Asheville Regulatory Field Office DWQ Asheville Regional Office Central Files Duke Energy-Lake Services-Lisa Leatherman Beverly Perdue,Governor f Dee Freeman,Secretary Q� North Carolina Department of Environment and Natural Resources P Coleen H.Sullins,Director Division of Water Quality C Asheville Regional Office SURFACE WATER PROTECTION January 20, 2008 Tony Johnson Baxter Healthcare Corporation PO Box 1390 Marion NC 28752 SUBJECT: Compliance Sampling Inspection Baxter Healthcare Corporation Permit No: NC0006564 McDowell County Dear'Mr. Johnson: Enclosed please find a copy of the Compliance Sampling Inspection conducted on December 10, 2008. The Compliance Sampling Inspection was conducted by Jeff Menzel of the Asheville Regional Office under the supervision of Louis Salguero with the Environmental Protection Agency. The facility was found to be in Compliance with permit N00006564. 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 Enclosure cc: Stephen Douglas Gouge, ORC Central Files Asheville Files NorthCarolina Naturally 2090 U.S.Highway 70, Swannanoa, NC 28778 Telephone: (828)296-4500 Fax: (828)299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Re ®i`t 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 INI 2 151 31 NC0006564 11 121 08/12/10 117 181 .gl 191g1 20U Remarks I 211 1 I I I I I 1 1 1 I I i l l l u l lI I I I I I I I I I a1®I I I I I I I I j I L_J I I6 lInspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved---------------------- 67I '69 7111 4 0 711 I 72 I N' 73 LLI 14 711 ' I 1 I 1 1 l 80 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) 10:00 AM 08/12/10 05/03/01 Baxter Healthcare Corporation US Hwy 221 N Exit Time/Date Permit Expiration Date Marion NC 28752 12:00 PM, 08/12/10 10/01/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Stephen Douglas Gouge/ORC/828-756-6618/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Tony Johnson,PO Box 1390 Marion NC 28752//828-756-6530/ yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Flow Measurement Operations&Maintenance E Records/Reports Self-Monitoring Program E 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/ 1 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ARO WQ//828-296-4500/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.} 1 3I NC0006564 I11 12I 08/12/10 1 17 18IS1 Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) This Compliance Sampling Inspection was done under the supervision of Louis Salguero with the EPA. The inspector appreciates the patience of Mr. Steve Gouge during this inspection and the commendable job he is doing at the treatment plant. Recommendations made during the inspection include calibrating the volume of the effluent composite sampler to insure a representative sample. No violations of NPDES permit requirements or applicable regulations were observed during this inspection. Sampling results were as follows: BOD 2mg/L with qualifier U TSS 2.9 mg/L Fecal Coliform 1 with qualifier B2 U-Samples analyzed for this compound but not detected 132-Counts from all filters were zero Page# 2 Permit: NC0006564 owner-Facility: Baxter Healthcare Corporation Inspection Date: 12/10/2008 inspection Type: Compliance Sampling Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the permittee submitted a new application? 0 D n n Is the facility as described in the permit? W, n n n #Are there any special conditions for the permit? 00 to n Is access to the plant site restricted to the general public? 0 n Cl n Is the inspector granted access to all areas for inspection? n n n Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? C1 0 n Is all required information readily available, complete and current? n n n Are all records maintained for 3 years(lab. reg. required 5 years)? n n El Are analytical results consistent with data reported on DMRs? n n n Is the chain-of-custody complete? n n n 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? n n n Has the facility submitted its annual compliance report to users and DWQ? n n n (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? n n Is the ORC visitation log available and current? n n Is the ORC certified at grade equal to or higher than the facility classification? n ❑ n Is the backup operator certified at one grade less or greater than the facility classification? ® n n ❑ Is a copy of the current NPDES permit available on site? ® n ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ❑ n m n Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® Q n Page# 3 Permit: NC0006564 Owner-Facility: Baxter Healthcare Corporation Inspection Date: 12/10/2008 Inspection Type: Compliance Sampling Operations&Maintenance Yes No NA NE Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge n n n n Judge,and other that are applicable? Comment: The plant was in good order. Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical Are the bars adequately screening debris? n n n Is the screen free of excessive debris? 00 n Is disposal of screening in compliance? n n Is the unit in good condition? is 0 0 n Comment: Equalization Basins Yes No. NA NE Is the basin aerated? n In n Is the basin free of bypass lines or structures to the natural environment? n n n \ i Is the basin free of excessive grease? n n n Are all pumps present? n n n Are all pumps operable? N0 n n Are float controls operable? 0 0 n. I1 Are audible and visual alarms operable? E n n n #Is basin size/volume adequate? ® ❑ In In Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Surface Is the basin free of dead spots? n n n Are surface aerators and mixers operational? ® n ❑ Are the diffusers operational? In In ■ Is the foam the proper color for the treatment process? ® n n n Does the foam cover less than 25%of the basin's surface? ® n n El Page# 4 Permit: NC0006564 Owner-Facility: Baxter Healthcare Corporation Inspection Date: 12/10/2008 Inspection Type: Compliance Sampling Aeration Basins Yes No NA NE Is the DO level acceptable? ❑ ❑ ri Is the DO level acceptable?(1.0 to 3.0 mg/1) El ❑ ❑ 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? ❑ n ❑ Is the drive unit operational? ❑ ❑ ❑ Is the return rate acceptable(low turbulence)? ❑ ❑ m ❑ Is the overflow clear of excessive solids/pin floc? ❑ ❑ ❑ Is the sludge blanket level acceptable?(Approximately'/a of the sidewall depth) ❑ ❑ ❑ Comment: Filtration(High Rate Tertiary) Yes No NA NE Type of operation: Is the filter media present? E Cl 110 Is the filter surface free of clogging? M 11 ❑ ❑ 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: 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? ❑ ❑ ❑ Page# 5 Permit: NC0006564 Owner-Facility: Baxter Healthcare Corporation Inspection Date: 12/10/2008 inspection Type: Compliance Sampling Standby Power Yes No NA NE Do the generator(s)have adequate capacity to operate the entire wastewater site? n In n Is there an emergency agreement with a fuel vendor for extended run on back-up power? ❑ ❑ ❑ Is the generator fuel level monitored? ❑ ❑ ❑ Comment: This facility has three sources of power available. Disinfection -UV Yes No NA NE Are extra UV bulbs available on site? ❑ ❑ ❑ Are UV bulbs clean? ❑ n n Is UV intensity adequate? ❑ ❑ ❑ Is transmittance at or above designed level? n n n Is there a backup system on site? ❑ n n Is effluent clear and free of solids? ❑ ❑ In Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? In n ❑ Is sample collected below all treatment units. ® n n n Is proper volume collected? ❑ 0 n ❑ Is the tubing clean? E ❑ 1­1 ❑ #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: According to the permit the facility must collect at least 100 mis per sample when running a composite sample. At the time of inspection the sampler was collecting 75 mis of per sample. The operator stated that he would correct this. Upstream/Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit(frequency,sampling type,and sampling location)? ® ❑ n n Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ® ❑ Cl ❑ Are the receiving water free of foam other than trace amounts and other debris? ® ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ® ❑ n n Comment: Page# 6 aR Beverly Eaves Perdue,Governor Dee Freeman,Secretary 7 North Carolina Department of Environment and Natural Resources "1 Coleen H.Sullins,Director J Division of Water Quality January 21, 2009 Jackson County DWQ Project 20081777 TIP No. B-4163 NCSR 1437 (Hospital Road) Approval of 401 Water Quality Certification with additional Conditions Dr. Greg Thorpe,PhD.,Manager Project Development and Environmental Analysis North Carolina Department of Transportation 1548 Mail Service Center Raleigh,North Carolina,27699-1548 Dear Dr. Thorpe: You have our approval, in accordance with the conditions listed below,for the following impacts to Scotts Creek for the purpose of constructing a new bridge over Scotts Creek on NCSR 1437 (Hospital Road)in Jackson County: Stream Impacts in the Little Tennessee River Basin Site Permanent Streambank Permanent Temporary Total Stream Fill in Stabilization Fill in Impacts in Stream Impacts Intermittent in Perennial Perennial Perennial Impact Requiring Stream (linear Stream Stream Stream (linear ft) Mitigation ft) (linear ft linear ft linear ft linear ft Site 1 0 105 0 77 ±_182 0 Total 0 105 0 77 1 1.82 10 Total Stream Permanent Impact for Project: 105 linear feet. Temporary Impacts for Project: 77 linear feet. The project should be constructed in accordance with your application dated November 25, 2008 (received December 3, 2008), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Nos. 3689 and 3688, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 13 and 33. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre,or if total impacts to streams(now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. NorthCarolina �atura!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)2964500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer Dr. Greg Thorpe, PhD. January 21, 2009 Page Two Condition(s)of Certification: 1. There shall be no excavation from or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures must be installed and maintained on the project site until all disturbed soils are permanently stabilized. All bare soil should be seeded as soon as possible following disturbance. Erosion control mating shall be used in conjunction with appropriate seeding on disturbed stream banks. Matting should be secured in place with staples or wherever possible, live stakes of native trees. Tall fescue shall not be used in riparian areas. 3. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted area shall be revegetated with appropriate native species. 4. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 5. For projects impacting waters classified by the NC Environmental Management Commission as Trout jr), High Quality Waters (HQW) or Water Supply I or II (WS-I, WS-II), stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff prior to discharging directly into streams. Please refer to the most current version of Stormwater Best Management Practices. Mowing of existing vegetated buffer areas is strongly discouraged. 6. NCDOT shall submit a modified Pre-Construction Notification Form (PCN) if there are proposed impacts to UT1 and/or UT2 as indicated in the Categorical Exclusion document (page 6, Section VI. A. 2. Water Resources). 7. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout-spawning \ season of October 15 through April 15 to protect the egg and fry stages of trout from off site sedimentation during construction of the bridge. 8. Bridge deck drains should not discharge directly into the streams.. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the most current version of Stormwater Best Management Practices. Stormwater shall be managed in accordance with your State Stormwater Permit-issued by the Division of Water Quality. 9. The dimension, pattern and profile of the stream, above and below the new bridge, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 10. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 11. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 12. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 13. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 14. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants,hydraulic fluids, or other toxic materials. 15. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 17. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this \, certification. 18. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. ,lorpe,PhD. 21, 2009 Three 19. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 20. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 21. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 22. The perrnittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If DWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification. 23. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 24. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 25. Upon completion of the project,the NCDOT Division Engineer shall complete and return the enclosed "Certificate of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd., Suite 250,Raleigh,North Carolina 27604. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatoly hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, Coleen H. Sullins,Director Division of Water Quality cc: David Baker,USACE, Asheville Field Office J. B. Setzer, P.E.,Division 14 Engineer Ed Ingle, Roadside Environmental Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 081777(Thorpe)TIP B-4163 NCSR 1437 Michael F.Easley,Governor 4. William G.Ross Jr.,Secretary 7 North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality January 22, 2009 Jerry Ingate 2003 Hill Street New Smyrna, Florida 32169 Subject: Incident Closure Ingate Property NOV-2008-OP-0049 Macon County Dear Mr. Ingate: The Division of Water Quality (DWQ) has received the Sediment Removal From Unnamed Tributary of East Fork Overflow Creek. Final Report from Fish and Wildlife Associates, Inc., related to the Notice of Violation and Recommendation for Enforcement NOV-2008-OP-0049. DWQ has reviewed the information provided and conducted a follow-up site visit on January 8, 2009. The written response and the sediment removal results observed at the site have satisfactorily resolved the violations noted in the subject NOV. Thank you for your cooperation in this matter. Should you have any questions regarding these matters or other water quality issues, please contact me at (828) 296-4664 or the letterhead address provided. Sincerely, i Chuck Cranford Environmental Specialist Surface Water Protection cc: Pam Boaze—Fish and Wildlife Associates, Inc. Josh Ward-Town of Highlands John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper l�g Beverly Eaves Perdue,Governor p� Dee Freeman,Secretary r North Carolina Department of Environment and Natural Resources Owa -i .,r Coleen H.Sullins,Director Division of Water Quality January 22, 2009 LaRue W.Wait 96 Castellan Drive Greer, South Carolina 29650 Subject: 401 Water Quality Certification -Approval LaRue Wait Property DWQ Project# 08-1663 Macon County LTN/Nantahala River(Nantahala Lake)/04-04-03 /2-57-(22.5)/B Tr Dear Mr. Wait: The DWQ has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within 0.03 acres of open waters for the purpose of shoreline stabilization along your property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in_;your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE General Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment . Control and Trout Buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Waters 0.03 (acres) Site Plan Page 1 NorthCarolina - Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper LaRue W.Wait Page 2 of 2 January 22,2009 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 671.4 Mail Service Center, Raleigh,N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Chuck Cranford in the Asheville Regional Office at 828-296-4664. Sincerely, Coleen H. Sullins, Director CHSIcbc Enc: GC 3693 Certificate of Completion cc: USACE Asheville Regulatory Field Office Duke Energy Lake Services—Lisa Leatherman Wildlife Resources Commission—David McHenry 401 Permitting Unit—Central Office File Copy Filename: G:\WPDATA\DEMWQ\Macon\401s\LaRueWait\08-1663_Approval_1-22-09.doc f Beverly Eaves Perdue,Governor Dee Freeman,Secretary P North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Ja) 1 Division of Water Quality Asheville Regional Office SURFACE WATER.PROTECTION January 23, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED—70071490 0004 0798 9838 Shannon R Ginn Managing Partner Cummings Cove 20 Cummings Cove Parkway Hendersonville,North Carolina 28739 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Cummings Cove Project#07-0990 DWQ Tracking Number: NCR000806 NOV-2009-PC-0045 Stream Standard Violation- Other Waste (In-stream sediment) 401 Water Quality Certification (WQC) Conditions Henderson County Response deadline: February 11, 2009 or 15 days from receipt Dear Mr. Ginn: On December 15, 2008, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection at the Cummings Cove development along Battle Creek Road in Henderson County. Ms. Anna Salzberg with Clearwater Environmental Consultants, Inc. and Natalie Berry from Henderson County were present. Stream standard and 401 WQC condition violations were noted during the inspection. Sediment and fill impacts to an Unnamed Tributary to Battle Creek—classified as Water Supply IV waters=- were documented,measuring approximately 500 feet in length. VIOLATIONS I. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f- Greater than 500 feet of an Unnamed Tributary to Battle Creek—classified as Water Supply IV waters—was impacted by sediment deposition greater than three inches throughout the stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f) NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S,Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post consumer Paper Shannon R.Ginn January 23,2009 Page 2 of 4 II. 401 WQC Condition Violations-Cummings Cove Company, LLC submitted a Pre- Construction Notification(PCN) on November 21, 2007. The impacts were requested under U.S. Army Corps of Engineers Nationwide Permit(s) 29, and the corresponding General Water Quality Certifications. DWQ issued an approval letter for the impacts on January 10,2008, for Project Number 07-0990. The approval letter specifies that the activities must follow the conditions listed in the General Water Quality Certification, as well as additional conditions listed in the letter. The following General Water Quality Certification 3705 Conditions had not been complied with: 1. No Impacts Beyond Those Authorized in the Written Approval ® In-stream waste (sediment) has been discharged to surface waters. ■ Fill materials associated with the installation of a sewer line have been discharged to the stream channel. 3. No Sediment&Erosion Control Measures in Wetlands or Waters ■ A sediment trap has been installed in surface waters. 8. Water Supply Watershed Buffers ■ Approximately 200 linear feet of water supply watershed buffer has been denuded and filled with rock and boulders. ,- REQUIRED RESPONSE This Office requests that you respond in writing within 15 days of receipt of this Notice. Your response should be sent to the attention of Chuck Cranford, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699- 1617. Your response should address the following items: I. Stream Standard - Other Waste (In-Stream Sediment) a. Please submit a Sediment Removal Plan (Plan)to this office for review and approval. The Plan must address removal of the accumulated sediment from Unnamed Tributary to Battle Creek and must be submitted to the Division of Water Quality for review and approval prior to implementation. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with development of the Plan and authorization necessary to achieve compliance. It is recommended that your consultant contact Chuck Cranford of the Asheville Regional Office for additional guidance during restoration plan development. The Restoration Plan should include the following: • A narrative explaining how sediment will be removed and how impacted jurisdictional waters will be restored. ® A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. 0 A diagram of the stream channel, referenced with photo documentation of sediment impacts-before and after any removal activities. ® A narrative explaining how sediment will be retained on the site and kept out of waterways, and how restoration activities will be conducted such that turbidity standards are not exceeded. b. Once the Restoration Plan has been implemented and is complete,a final report documenting restoration of the stream should be submitted to Chuck Cranford. II. 401 WQ Certification a. Please explain why the conditions no''ted above (1, 3 and 8)were not complied with. b. Provide a Stream Restoration Plan(sediment basin and other fill impacts)=Please explain how you plan to restore the pattern, profile and dimension of the impacted stream channel to include the removal of accumulated sediment and other fill materials. The streambed must be restored to the original profile, the stream banks must be stabilized, and any fill material must be removed from the riparian zone. c. Provide a Water Supply Watershed Buffer Restoration Plan. Planting in accordance with the EEP Publication"Guidelines for Riparian Buffer Restoration". This document is available electronically at http•//www.nceep.net/news/reports/buffers.pdf. Also, please explain how the rock materials within the buffer will be dealt with. d. Please indicate in your response a detailed schedule with dates explaining when the restoration will be accomplished. Shannon R.Ginn January 23,2009 Page 4 of 4 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 Quality 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 Chuck Cranford at (828)296-4664. Sincerely, -- Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit Liz Hair- USACE Asheville Office Natalie Berry—Henderson County Erosion Control Division Henderson County Planning Anna Salzberg-C1earWater Environmental Consultants, Inc. ARO File Copy DWQ Central Files G:\WPDATA\DEMWQ\Henderson\Stormwater Construction NCGO1\CummingsCove-NCR000806\NOV-2009-PC-0045.doe Beverly Eaves Perdue,Governor Dee Freeman,Secretary QG North Carolina Department of Environment and Natural Resources r Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION January 23, 2009 Billy N Case Billy Case Real Estate Inc 18769 Great Smoky Mtn Expy Waynesville NC 28786 SUBJECT:Compliance Evaluation Inspection 18769 Great Smoky Mtns Expressway Permit No: NCG550657 Haywood County Dear Mr. Case: Enclosed please find a copy of the Compliance Evaluation Inspection Report from the inspection, which I conducted at the facility on January 8, 2009. The facility was found to be in Compliance with permit NCG550657. Please refer to the enclosed inspection report for additional observations and comments. If you have any questions, please do not hesitate to call me at 296-4500. Sincerely, r Keith Haynes Environmental Senior Specialist Enclosure cc: Central Files Asheville Files NorthCarolina Naturally2090 U.S. Highway 70,Swannanoa, NC 28778 Telephone:(828)296-4500 Fax: (828)299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Ins ectl®n Re Ort 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 I NI 2 ( 51 I 3 NCG55 I0657 11 121 09/01/08 I � ) �17 18 C 19 S 20 � U Remarks 21I I i I I I I I I I I I I I I I I I I I I I 1 11 1 I 1 1 I I ,I I I I I 1 1 I 1 1 I I I I I6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ------ -----------------Reserved-------- ------ --- 67 I 169 70 U 71 I®I 72I N I 73I ' 174 751 I I I ( I I 180 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) 03:35 PM 09/01/08 07/08/01 18769 Great Smoky Mountains Expressway 18769 Great Smoky Mountains Expy Exit Time/Date Permit Expiration Date Waynesville NC 28786 03:50 PM 09/01/08 12/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible OfficiallTitle/Phone and Fax Number Billy N Case,18769 Great Smoky Mtn Expy Waynesville NC Contacted 28786//828-452-4911/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit ®Operations&Maintenance 0 Facility Site Review ®Effluent/Receiving Waters Section D: Summary of Find in /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 Keith Haynes 3.. ARO WQ//828-296-4500/ r� Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Da e ;/ Roger C Edwards ARO WQ//828-296-4500/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3' NCG550657 I11 12I 09/01/08 I17 18I_' Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Please see comments in inspection report. Page# 2 Permit: NCG550657 Owner-Facility: 18769 Great Smoky Mountains Expressway Inspection Date: 01/08/2009 Inspection Type: Compliance Evaluation Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids,pH,DO,Sludge n n 0 n Judge,and other that are applicable? Comment: The septic tank should be pumped at least once every two years Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n n Is the facility as described in the permit? ® n n n #Are there any special conditions for the permit? n n ® n Is access to the plant site restricted to the general public? 0 n n Is the inspector granted access to all areas for inspection? n n n Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? n Cl n Are the tablets the proper size and type? n ® 110 Number of tubes in use? 1 Is the level of chlorine residual acceptable? n n n Is the contact chamber free of growth,or sludge buildup? n n D Is there chlorine residual prior to de-chlorination? n n ® n Comment: The owner needs to assure that the type of chlorine tablet used is for waste water disinfection Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? n ■ n n Are the receiving water free of foam other than trace amounts and other debris? 00013 If effluent (diffuser pipes are required) are they operating properly? n n ■ n Comment: The efflluent pipe was not located. The owner should locate the pipe and mark it. Page# 3 �\ \i �� _.__ I Beverly Eaves Perdue,Governor Dee Freeman,Secretary G North Carolina Department of Environment and Natural Resources .AAJ� Coleen H.Sullins,Director Division of.Water Quality Asheville Regional Office SURFACE WATER PROTECTION January 23, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9845 Troy Muse 109 Wildflower Ln Waynesville NC 28786 Subject: NOTICE OF VIOLATION NOV-2009-PC-0046 Compliance Evaluation Inspection U.S. Hwy 19-23-74 West of Waynesville Permit No. NCG551049 Haywood County Dear Mr. Muse: Enclosed please find a copy of the Inspection Report from the inspection conducted 2009-01-08. The Compliance Evaluation Inspection was conducted by Keith Haynes of the Asheville Regional Office. The treatment facility was found to be in violation of Permit NCG551049 for the following: Inspection Area Compliance Issue Operations & The facility does not appear to have been maintained since Maintenance installation in 2005. Disinfection-Tablet The inspector was not able to locate the chlorinator nor the outfall. Permit The permit for this facility has expired Please refer to the enclosed Inspection Report for any additional observation and comments.- 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 should have any questions, please do not hesitate to contact Mr. Haynes at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Attachment cc: WQ Central Files w/attachment Charles Weaver w/ attachment ARO w/attachment One NorthCarolina �atura!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C.28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-8771623-6748 `� l�- �� I �\\ � i \��J 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 I N1 2 1 51 31 NCG551049 111 121 09/01/08 117 181 CI 191 SI 20J f Remarks 21111111111111111111111111111111111111111111111I. 16 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CA ---------------------------Reserved---------------------- 671 169 7011 1 711 1 721 NI 73L_U 74 711 I I I I 1 I 1 80 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) 03:00 PM 09/01/08 04/04/23 U.S. Hwy 19-23-74 West of Waynesville Hwy 23-74 w of Waynesv Exit Time/Date Permit Expiration Date Waynesville NC 28786 03:30 PM 09/01/08 07/07/31 Name(s)of Onsite Representative(s)fritles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Troy Muse,109 Wildflower Ln Waynesville NC 28786//828-452-5507/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit ®Operations&Maintenance ®Facility Site Review. Section D: Summary of Find in /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 Keith Haynes J ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers D e�y �} Roger C Edwards ARO WQ//828-296-4500/ 7 z G Y EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3I NCG551049 I11 12I 09/01/08 I17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The facility is poorly maintained and is operating with an expired permit. r Page# 2 Permit: NCG551049 Owner-Facility: U.S.Hwy 19-23-74 West of Waynesville Inspection Date: 01/08/2009 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? n fl n Is the facility as described in the permit? n El El #Are there any special conditions for the permit? D 0 M 0 Is access to the plant site restricted to the general public? ® M Q 0 Is the inspector granted access to all areas for inspection? 0 El Comment: The permit for this facility has expired Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? Om Q El Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids,pH, DO,Sludge 0 11 E) Judge, and other that are applicable? Comment: It appears that the site has not been maintained since installation in 2005 Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? n Q Are the tablets the proper size and type? Q a 0 n Number of tubes in use? Is the level of chlorine residual acceptable? n ® np Is the contact chamber free of growth,or sludge buildup? ❑ fl Is there chlorine residual prior to de-chlorination? D Q 01 Comment: The inspector Was not able to locate the chlorinator nor the outfall. Page# 3 FOR AGENCY U:.. Date Received'_. Year I Month I Du. A • Division of Water Quality /Water Quality Section Certificate of Coverage w� NCDENR National Pollutant Discharge Elimination System N C G g y Check# I Amount NORTH CAROUNA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Permit Assigned to NOTICE OF INTENT - NCG550000 National Pollutant Discharge Elimination System application for coverage under General Permit NCG550000: Single Family Domestic Units.and/or facilities discharging less than 1000 gallons per day of domestic wastewater and similar point source discharges (Please print or type) 1) Region contact(Please note: This application will be returned if you have not met with a representative from the appropriate regional office): Please list the NCDENR Regional Office representative(s)with whom you have met: Name: Date: 2) Mailing address of owner/operator: Owner Name Street Address City State ZIP Code Telephone No. (Home) ( ) (Work) ( ) *Address to which all permit correspondence will be mailed 3) Location of facility producing discharge: Street Address City State ZIP Code County Telephone No. ( ) 4) Physical location information: Please provide a narrative description of how to get to the facility(use street names, state road numbers, and distance and direction from a roadway intersection). 5) This NPDES permit application applies to which of the following: ❑ New or Proposed (system not yet constructed) ❑ Existing (system fully constructed); If previously permitted by local or county health department, please provide the permit number and issue date ❑ Modification (existing system with proposed changes); please describe the nature of the modification: 6) Description of Discharge: a) Amount of wastewater to be discharged: Number of bedrooms x 120 gallons per bedroom= gallons per day to be permitted. Page 1 of 3 07/07 ,650000 N.O.I. Applications for existing (unpermitted)facilities with no proposed modifications should include the following: ❑An original letter and two (2)copies requesting a general permit. ❑A signed and completed original and two copies of this Notice of Intent Application. ❑A check or money order for the permit fee of$60.00 made payable to NCDENR. ❑ Invoice showing the septic tank has been pumped and serviced within the last 12 months 10) Additional Application Requirements: a) If a consulting engineer is submitting this application: ❑ Please include documentation from the applicant showing that the engineer(or firm) has been designated an authorized representative of the applicant. ❑ Final plans for the treatment system must be signed and sealed by a North Carolina registered Professional Engineer and stamped -"Final Design - Not released for construction". ❑ Final specifications for all major treatment components must be signed and sealed by a North Carolina registered Professional Engineer and shall include a narrative description of the treatment system to be constructed. 11) Certification: I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed Name of Person Signing: Title: (Signature of Applicant) (Date Signed) North Carolina General Statute 143-215.6 b(1) provides that: Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained under Article 21 or regulations of the .Environmental Management Commission implementing that Article, or who falsifies, tampers with or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) Mail package to: NPDES Permitting Program Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Phone: (919) 733-5083 The submission of this document does not guarantee the issuance of an NPDES permit Page 3 of 3 7/07 I �i_.., /� i�\ �� Beverly Eaves Perdue,Governor QG Dee Freeman.,Secretary rNorth Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality SURFACE WATER PROTECTION January 23, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED-7007 1490 0004 0798 9883 Merle Lee Kepley and Michele L. Kepley 224 Kirk Way Candler, North Carolina 28715-9582 Subject: NOTICE OF VIOLATION NOV-2009-PC-0052 Compliance Evaluation Inspection Kepley Residence - SFR Permit No. NCG551228 Buncombe County Dear Mr. and Mrs. Kepley: Enclosed please find a copy of the Inspection Report from the inspection conducted January 7, 2008, Mr. Jeff Menzel and Mr. Keith Haynes of the Asheville Regional Office conducted the Compliance Evaluation Inspection. The treatment facility was found to be in violation of Permit NCG551228 for the following: Compliance issues found during the inspection are: Inspection Area Compliance Issue Permit Operating without a valid permit. Maintenance Failure to maintain system. The sewage treatment system serving your Residence at 224 Kirk Way was constructed under the provisions of Certificate of Coverage Number NCG551228. This permit ownership has not been modified properly. Attached is a copy of the RENEWAL FORM, which is to be used to request renewal of your Certificate of Coverage. Please return the completed form to the Raleigh address indicated. NNoe' Carolina lura!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swarmanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQTuncombe\SFR's NCG55 Kepley Residence January 23, 2009 Page 2 i Carefully review these violations and deficiencies and respond in writing to this office within fifteen (15) working day of receipt of this letter. In your response you should address the causes of noncompliance, all actions taken to correct these situations and all actions taken to prevent the recurrence of similar situations. Please understand that such a discharge without a valid permit constitutes a violation of North Carolina General Statute (NCGS) 143-215.1; enforceable under provisions of NCGS 143-215.6A as administered by this Agency. Please refer to the enclosed Inspection Report for any additional observation and comments. If you should have any questions, please do not hesitate to contact Mr. Jeff Menzel at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Attachment cc: NPDES Unit United States Environmental Protection Agency Form Approved. Washington,D.C.20460 ' OMB No.2040-0057 EPA Water Compliance In pgectiDn Beport Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Far,Type 1 N 2 5 3 NCG55122E 11 12 09/0l/07 17 18 .0 19{s 20 ICI 1 11 II®� i� l Remarks 21111111IlIIiLIII ! _! ! 6J-� I_ I__II_� Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------- -- --------Reserved---- -------- ---- 671 169 70L11 71 U 721 NI 73Lu 74 75[_L ]80 Section B: Facility Data to� 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) 01:45 PM 09/01/07 03/02/28 224 Kirk Way - 224 Kirk way _ - Exit Time/Date Permit Expiration Date Candler NC 28715 02:00 PM 09/01/07 07/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible OfficiairTitle/Phone and Fax Number Contacted Merle Lee Kepley,23 Spencer Rd Candler NC 28715//828-665-6556/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance E Facility Site Review 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/ Keith Haynes r ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ARO WQ//828-296-4500/ / a3 (w" EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3I NCG551228 �I11 12� 09/01/07 ( 17 18U� Section D: Summary of Finding/Cornments(Attach additional sheets of narrative and checklists as necessary) This residence is operating without a valid permit Page# 2 Permit: NCG551228 owner-Facility: 224 Kirk Way aespection Date: 01/07/2009 Inspection Type: Compliance Evaluation Operations&Wintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 0 Does the facility analyze process control parameters,for ex: MLSS,iVECRT,Settleable Solids,pH, DO,Sludge Judge, and other that are applicable? Comment: The chlorine tubes are not being maintained. There is no maintained right of Way to the discharge pipe, 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? 0 Cl m El Is the inspector granted access to all areas for inspection? M 0 0 Ej Comment: This residence is operating without a valid permit. Page# 3 _ II` \_ '.. 1 �� �� \F , Beverly Eaves Perdue,Governor Dee Freeman,Secretary North Carolina Department of Environment and Natural Resources yAP Coleen H.Sullins,Director r Division of Water Quality 'C Asheville Regional Office SURFACE WATER PROTECTION January 23, 2009 Reijo Kainulainen Hemac Inc PO Box 1178 Robbinsville NC 28771 SUBJECT: Compliance Evaluation Inspection Hemac Trout Farm Permit No: NCG530076 Graham County Dear Mr. Kainulainen: Enclosed please find a copy of the Compliance Evaluation Inspection Report from the inspection conducted on January 15, 2009. Chuck Cranford and I of the Asheville Regional Office conducted the Compliance Evaluation Inspection. The facility was found to be in Compliance with permit NCG530076. Please refer to the enclosed inspection report for additional observations and comments. If you or your wife, have any questions, please do not hesitate to call me at 828-296-4500. Sincereal , ( Keith Hayn s Environmental Senior Specialist Enclosure cc: Central Files Asheville Files Non hCarolina Naturallff 2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 \\\ \`� ��.. l United States Environmental Protection Agency Form Approved. a 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 � 5 11 12 17 18!I 191:SI 20 f� 3( NCG530076 09/O1/15 Remarks 211 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 L_LL I I I I I I I I I I J., 1 1 1 1 16 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved---------------------- 671 169 70 U 71 U 721 NJ 73 LIJ 74 711 11 I ( I 1 180 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) 11:30 AM 09/01/15 07/08/01 Hemac Trout Farm 9765 little snowbird Rd Exit Time/Date Permit Expiration Date Robbinsville NC 28771 12:12 PM 09/01/15 12/07/31 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 Reijo Kainulainen,PO Box 1178 Robbinsville NC 28771//828-479-2575/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit ®Facility Site Review 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 Chuck Cranford ARO ARO WQ/// Keith Haynes l ARO WQ//828-296-4500/ / 6 .� Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ARC WQ//828-296-4500/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type �. 3I NCG530076 I11 12I 09/01/15 I17 18'CI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) \ The farm was found to be.in good condition. During the past summer, about 100,000 Ibs of fish were lost due to a faulty alarm on the intake. No impacts were noted in the receiving stream. There are some sediment impacts from development/land clearing in the area. Page# 2 Permit: NCG530076 Owner-Facility: Hemac Trout Farm Inspection®ate: 01/15/2009 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted anew application? M 0 0 11 Is the facility as described in the permit? C1 0 n #Are there any special conditions for the permit? n Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? Q ❑ 0 Comment: Page# 3 f, �., �-\. \_i/ 7 �� Beverly Eaves Perdue,Governor Dee Freeman,Secretary QG North Carolina Department of Environment and Natural Resources 7— Coleen H.Sullins,Director Division of Water Quality 'C Asheville Regional Office SURFACE WATER PROTECTION January 23, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9906 Keith.Hoilman Town of Newland PO Box 429 Newland NC 28657 Subject: NOTICE OF VIOLATION NOV-2009-PC-0041 Compliance Evaluation Inspection Newland WWTP Permit No. NCO021857 Avery County Dear Mr. Hoilman: Enclosed please find a copy of the Inspection Report from the inspection conducted 2009-01-09. Keith Haynes and Don Price of the Asheville Regional Office conducted the Compliance Evaluation Inspection. The treatment facility was found to be in violation of Permit NCO021857 for the following: Inspection Area Compliance Issue Effluent Sampling The sampler was plugged into an electrical outlet, but was not connected to the effluent flow meter. It also did not appear that the sampler had been used. Influent Sampling It appears that the sampler is not used for influent sampling. It was not connected to the influent flow meter. Please refer to the enclosed Inspection Report for any additional observation and comments. 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 should have any questions, please do not hesitate to contact Mr. Haynes at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Attachment cc: Larry Townsend, w/ attachment WQ Central Files w/attachment ARO/attachment Enforcement w/ attachment NOne orthcarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C.28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquaiity.org FAX (828)299-7043 1-877/623-6748 I \. .�. �,�� United States Environmental Protection Agency A Washington,D.C.20460 Form Approved. OMB No.2040-0057 Water Compliance Ins ectlOn 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 I NI 2 15I 31 NC0021857 111 121 09/01/09 117 181 CI 19I SI 20I®I Remarks 21I I I I 1 1 1 1 1 1 1 I I I I I I I l I I I I I I -1-Lu I I I I I I I I I I I 1 LLLU Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved---------------------- 67 I 169 70 U 711 I 721 NJ 73[_J_j 74 751 I I I I I I 180 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) Newland WWTP 11:00 AM 09/01/09 06/04/01 Cow Camp Rd Exit Time/Date Permit Expiration Date Newland NC 28657 11:3D AM 09/01/09 11/02/28 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Larry Townsend//828-898-9212 Larry E Townsend/ORC/704-898-9212/- Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Keith E Hoilman,PO Box 429 Newland NC 28657//828-733-2023/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Flow Measurement 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)9flnspector(s) Agency/Office/Phone and Fax Numbers Date 1^ Keith Haynes n ARO WQ//828-296-4500/ k ,X' cock Don Price ,, i —C" Point Source Branch//828-296-4500/ ,Az 3/,Q Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ARO WQ//828-296-4500/le 1 e 3 fz EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3I NCO021857 I11 12t 09/01/09 I17 18�CI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The composite samplers should be installed in accordance with permit requirements as noted in the inspection. Page# 2 Permit: NCO021857 Owner-Facility: Newland WWTP Inspection Date: 01/09/2009 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 n ❑ ❑ Judge,and other that are applicable? Comment: Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? ❑ ❑ ❑ Is flow meter calibrated annually? ❑ ❑ ❑ Is the flow meter operational? ❑ n ❑ (If units are separated)Does the chart recorder match the flow meter? f®1 ❑ n Comment: 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: One of the two ditches was in use. The surface of the mixed liquor in the oxidation ditch appeared to show signs of grease as some large bubbles were noted. 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? ❑ ■ ❑ in Is the site free of excessive floating sludge? ❑ ■ ❑ ❑ Is the drive unit operational? ■ ❑ ❑ ❑ Is the return rate acceptable(low turbulence)? ■ ❑ ❑ ❑ Page# 3 Permit: NC0021857 owner-Facility: NewlandWWTP Inspection Date: 01/09/2009 Inspection Type: Compliance Evaluation i Secondary Clarifier Yes No NA NE Is the overflow clear of excessive solids/pin Floc? so n n Is the sludge blanket level acceptable?(Approximately%4 of the sidewall depth) n n n Comment: The surface had a higher than normal amount of scum. Only one of the two clarifers was in use Disinfection -UV Yes No NA NE Are extra UV bulbs available on site? n n n Are UV bulbs clean? 0 n n Is UV intensity adequate? ® n ❑ n Is transmittance at or above designed level? ❑ n n Is there a backup system on site? n ® n n Is effluent clear and free of solids? ® fl n n Comment: There is no back-up system Standby Power Yes No NA NE Is automatically activated standby power available? ® n ❑ n Is the generator tested by interrupting primary power source? ® n n n Is the generator tested under load? ® n ❑ Q Was generator tested&operational during the inspection? n ❑ ❑ ■ Do the generator(s)have adequate capacity to operate the entire wastewater site? n n n Is there an emergency agreement with a fuel vendor for extended run on back-up power? ® ❑ ❑ Is the generator fuel level monitored? ® 0 n n Comment: Influent Sampling Yes No NA NE #Is composite sampling flow proportional? ❑ ■ ❑ n Is sample collected above side streams? ® n n n Is proper volume collected? n ® n n Is the tubing clean? M 0 #Is proper temperature set for sample storage.(kept at less than or equal to 6.0 degrees Celsius)? Q ® n 0 Is sampling performed according to the permit? n ■ nn Comment: It appears that the sampler is not used for influent sampling. It was not connected to the influent flow meter. Effluent Sampling Yes No NA NE Page# 4 Permit: NCO021857 Owner-Facility: Newland WWTP Inspection Date: 01/09/2009 Inspection Type: Compliance Evaluation Effluent Sampling Yes No NA NE Is composite sampling flow proportional? 0 n n Is sample collected below all treatment units? n n n Is proper volume collected? n n n Is the tubing clean? n n n #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ❑ El Is the facility sampling performed as required by the permit(frequency,sampling type representative)? n n n Comment: The sampler was plugged into an electrical outlet, but was not connected to the effluent flow meter. It also did not appear that the sampler had been used. Page# 5 Beverly Eaves Perdue,Governor Dee Freeman,Secretary IQ North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director > I Division of Water Quality L on, `C SURFACE WATER PROTECTION January 23, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED-7007 1490 0004 0798 9890 Jerry R. Cook 220 Kirk Way Candler, North Carolina 28715-9582 Subject: NOTICE OF VIOLATION NOV-2009-PC-0048 Compliance Evaluation Inspection Cook Residence - SFR Permit No. NCG551217 Buncombe County Jear Mr. Cook: Enclosed please find a copy of the Inspection Report from the inspection conducted January 7, 2009. Mr. Jeff Menzel and Mr. Keith Haynes of the Asheville Regional Office conducted the Compliance .Evaluation Inspection. The treatment facility was found to be in violation of Permit NCG551217 for the following: Compliance issues found during the inspection are: Inspection Area Compliance Issue Permit Operating without a valid permit. The sewage treatment system serving,.your Residence at 220 Kirk Way was constructed under the provisions of Certificate of Coverage Number NCG551217. This permit ownership has not been modified properly. Attached is a RENEWAL FORM, which is to be used to request renewal of your Certificate of Coverage. Please return the completed form to the Raleigh address indicated. NorthCarolina �a�llCQ`�tf North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296A500 Customer Service Intemet: www.ncwaterquality,org FAX (828)299-7043 1-877-623-6748 G:IWPDATAIDEMWQ)BuncombelSFR's NCG55 Cook Residence January 23, 2009 Page 2 Carefully review these violations and deficiencies and respond in writing to this office within fifteen (20) working day of receipt of this letter. In your response you should address the causes of noncompliance, all actions taken to correct these situations and all actions taken to prevent the recurrence of similar situations. Please understand that such a discharge without a valid permit constitutes a violation of North Carolina General Statute (NCGS) 143-215.1; enforceable under provisions of NCGS 143-215.6A as administered by this Agency. Please refer to the enclosed Inspection Report for any additional observation and comments. If you should have any questions, please do not hesitate to contact Mr. Jeff Menzel at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Attachment cc: NPDES Unit 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 11 NJ 2 I5' 31 NCG551217 111 121 09/01/07 I17 181rl 191S1 20I J l= Remarks tJ 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 81 CIA ---------------------------Reserved---------------------- 671 169 70I �1 71I ty I 72I N1 73w 74 751 I I I I I I 180 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) 01:30 PM 09/01/07 02/09/27 220 Kirk Way 220 Kirk way Exit Time/Date Permit Expiration Date Candler NC 28715 01:45 PM 09/01/07 07/07/31 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 Jerry R Cook,23 Spencer Rd Candler NC 28715//828-665-6556/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Operations&Maintenance ®Facility Site Review Section D: Summa 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/ ® q Keith Haynes V1 ARO W 828-296-4500 e� Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ARO WQ//828-296-4500/ /Z-P EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3I NCG551217 I11 12 17 18'I 09/01/07 UJ 1 _I Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) This residence must submit a renewal form and obtain a valid permit. The residence must also operate the treatment facility in accordance with the permit. At the time of inspection it was obvious that the chlorine tubes are not being maintained. Please understand that such a discharge without a valid permit constitutes a violation of North Carolina General Statute (NCGS) 143-215.1: enforceable under provisions of(NCGS) 143-215.6A as administered by this agency. Page# 2 ,i550000 N.O.I. Applications for existing (ungermitted)facilities with no proposed modifications should include the following: ❑ An original letter and two (2) copies requesting a general permit. ❑A signed and completed original and two copies of this Notice of Intent Application. ❑A check or money order for the permit fee of$60.00 made payable to NCDENR. ❑ Invoice showing the septic tank has been pumped and serviced within the last 12 months 10) Additional Application Requirements: a) /f a consulting engineer is submitting this application: ❑ Please include documentation from the applicant showing that the engineer(or firm) has been designated an authorized representative of the applicant. ❑ Final plans for the treatment system must be signed and sealed by a North Carolina registered Professional Engineer and stamped -"Final Design - Not released for construction". ❑ Final specifications for all major treatment components must be signed and sealed by a North Carolina registered Professional Engineer and shall include a narrative description of the treatment system to be constructed. 11) Certification: I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed Name of Person Signing: Title: (Signature of Applicant) (Date Signed) North Carolina General Statute 143-215.6 b(i)provides that: Any person who knowingly makes any false statement, representation, or certification in. any application, record,report, plan or other document filed or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C.' Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) Mail package to: NPDES Permitting Program Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Phone: (919) 733-5083 The submission of this document does not guarantee the issuance of an NPDES permit Page 3 of 3 7/07 NCG550000 N.G.I. b) Type of facility producing waste (please check one): ❑ Primary residence ❑ Vacation/second home ❑ Other: 7) Please check the components that comprise the wastewater treatment system: ❑ Septic tank ❑ Dosing tank ❑ Recirculating sand filter(s) ❑ Primary sand filter ❑ Secondary sand filter ❑ Other form of disinfection ❑ Chlorination ❑ Dechlorination ❑ Post Aeration (specify type) E) Receiving waters: a) What is the name of the body or bodies of water(creek,stream, river, lake, etc.) that the facility wastewater discharges end up in? b) Stream Classification (if known): 9) Application Requirements: Applications for new/proposed facilities (unbuilt) should include the following: ❑An original letter and two (2)copies requesting a general permit and Authorization to Construct(ATC). ❑A signed and completed original and two copies of this Notice of Intent application. ❑A check or money order for the permit fee of$60.00 made payable to NCDENR. ❑ Letter from the county health department evaluating the proposed site for all types of ground absorption and innovative non-discharge systems. Document the repair potential of the failed system. ❑An evaluation of the possibility of connecting to a regional sewer system (approximate distance&cost to connect). ' ❑A 7Q10 flow estimate at the proposed wastewater discharge point from the US Geological Survey (919- 571-4000) ❑ Three sets of plans and specifications of proposed treatment system. Please note that a Professional Engineer(RE.) will be required to certify all new systems. ❑The following setbacks must be met for all new facilities(15A NCAC 02T .0506(b)). o Any private or public water supply source- 100 ft o Surface Waters 50 ft o Any habitable residence under separate ownership or not to be maintained as part of project site- 100 ft o Any property line-50 ft o Any well with exception of monitoring wells - 100 ft Applications for existing (permitted or unpermitted)facilities requiring modifications should include the following: ❑ An original letter and two (2) copies requesting a general permit(if the system is unpermitted) and/or an Authorization to Construct(ATC). ❑ A signed and completed original and two copies of this Notice of Intent Application. ❑ A check or money order for the permit fee of$60.00 made payable to NCDENR (not required for currently permitted systems). ❑ Three sets of plans and specifications of the proposed treatment system. Please note that a Professional Engineer(P.E.)will be required to certify all modifications other than the addition of chlorination/dechlorination. ❑ Invoice showing the septic tank has been pumped and serviced within the last 12 months (only when existing septic tank will be used) Page 2 of 3 7/07 FOR AGENCY USE ONLY Date Received Year Month Day o ®� Division of Water Quality/Water Quality Section Certificate of Coverage National Pollutant Discharge Elimination System N C ck Check# 1 Amount MILLIP.NR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES NOTICE TIC ®yam INTENT m NCG550000 Permit Assigned to National Pollutant Discharge Elimination System application for coverage under General,Permit NCG550000: Single Family Domestic Units and/or facilities discharging less than 1000 gallons per day of domestic wastewater and similar point source discharges (Please print or type) 1) Region contact(Please note: This application will be returned if you have not met with a representative from the appropriate regional office): Please list the NCDENR Regional Office representative(s)with whom you have met: Name: Date: 2) Mailing address of owner/operator: Owner Name Street Address City State ZIP Code Telephone No. (Home) ( ) (Work) { ) "Address to which all permit correspondence will be mailed 3) Location of facility producing discharge: Street Address City State ZIP Code County Telephone No. ( ) 4) Physical location information: Please provide a narrative description of how to get to the facility(use street names, state road numbers, and distance and direction from a roadway intersection). 5) This NPDES permit application applies to which of the following: ❑ New or Proposed (system not yet constructed) ❑ Existing (system fully constructed); If previously permitted by local or county health department, please provide the permit number and issue date ❑ Modification (existing system with proposed changes); please describe the nature of the modification: 6) Description of Discharge: a) Amount of wastewater to be discharged: Number of bedrooms x 120 gallons per bedroom= gallons per day to be permitted. Page 1 of 3 07/07 Permit: NCG551217 Owner-Facility: 220 Kirk Way Inspection Date: 01/07/2009 Inspection Type: Compliance Evaluation Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? n n n Does the facility analyze process control parameters,for ex:MLSS, MCRT, Settleable Solids, pH, DO,Sludge n n 0 n Judge, and other that are applicable? Comment: There is no maintained right of way to the out fall pipe. There were no chlorine tablets in the tubes. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n m ❑ n Is the facility as described in the permit? N n n n #Are there any special conditions for the permit? n n Is access to the plant site restricted to the general public? n n n Is the inspector granted access to all areas for inspection? n rl n Comment: This residence is currently operating without a valid permit. Page# 3 �pF\A T �r� Beverly Eaves Perdue,Governor Dee Freeman,Secretary North Carolina Department of Environment and Natural Resources CO y Co leen H.Sullins,Director Division of Water Quality January 23, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED ® 7007 1490 0004 0798 9876 Harrison Construction Co.-Div. APAC Atlantic Inc. Michael Davis Don Mason PO Box 449 Franklin,NC 28734 Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Harrison-APAC Cherokee Quarry NPDES Stormwater General Permit-NCG020503 NOV-2009-PC-0047 Cherokee County Dear Sirs: On January 13, 2009, Linda Wiggs from the Asheville Regional Office of the Division of Water Quality, conducted a site inspection for the facility known as Cherokee Quarry (Harrison Construction Co.-Div. APAC Atlantic Inc.) located along Marrestop Road, Cherokee County, North Carolina. Present during this inspection was Don Mason. The site drains to two Unnamed Tributaries to Persimmon Creek, Class C waters and one Unnamed Tributary to North Fork Rapier Mill Creek, Class C waters,located in the Hiwassee River Basin. The site visit and file review revealed that the subject project is covered by NPDES Stormwater General Permit—NCG020503. The following violations were noted during the Division of Water Quality inspection: 1) Stormwater Pollution Prevention Plan (SPPP) A Stormwater Pollution Prevention Plan(SPPP)has been developed, recorded, and properly implemented. es o The SPPP has been developed and was onsite, but is not properly implemented. The SPPP needs to be adhered to. It also needs to be updated and include the third basin with stormwater outfall discharging to an Unnamed Tributary to North Fork Rapier Mill Creek. NorthCarolina ,Vaturmlly N.C.Division of Water Quality 2090 US Hwy 70 Swannanoa,NC 28778 Phone:828-296-4500 Fax:828-299-7043 Asheville Regional Office G:\WPDATA\DEMWQ\Cherokee\Stormwater Mining NCG 02\CherokeeQua-NCG020503\NOV-2009-pc-0047.doc An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Harrison-APAC January 23,2009 Page 2 of 3 2) Qualitative Monitoring Qualitative monitoring has been conducted and recorded in accordance with permit requirements. es No The last qualitative monitoring performed was in September 2007. A facility personnel states no discharge in 2008. Local precipitation stations indicate May 2008 and December 2008 had significant rainfall events where monitoring could have been performed. Personnel previously performing monitoring had been laid off in September 2008. 3)Analytical Monitoring Analytical monitoring has been conducted and recorded in accordance with permit requirements. es No Land Disturbance and Process Area analytical monitoring was performed in 2005. It is unclear why Land Disturbance and Process Area monitoring was not performed in 2006. In 2007 Land Disturbance and Process Area monitoring was performed with an exceedence for turbidity. The arithmetic mean of the 2005 and 2007 turbidity result exceeds the cut-off concentration. Monitoring should have been performed in 2008. Regardless, additional monitoring will be required in 2009. 4) Stormwater Best Management Practices Best Management Practices as required by Permit and directed in the Plan are properly implemented. Yes 7 No Weekly Best Management Practices (BMP) inspections have ceased. When they were occurring, six-month (or longer)time spans were documented until repairs or maintenance were implemented. Basins#1 and#2 were full at time of the inspection and appeared to be short-circuiting; the last cleaning of these basins was documented on 10- 01-07. New basin#3 needed first chamber cleaned and gully at roadside to chamber four fixed. General housekeeping around process and scale area was lacking. Stormwater conveyance and inlet structures in the processing area needed maintenance. Stormwater conveyances to all three basins need repair or maintenance. Conveyance to basin#2 was blocked by waste material that had been pushed over the hill into conveyance channel. Spills repeatedly were documented at refueling tank. 5) Twenty-four Hour Reporting Division of Water Quality(DWQ)has been notified of noncompliance, which could have endan ered environment. Yes !�10 Sediment loss which impacted Waters of the State were documented downstream of Basin#2. Facility did not notify DWQ of this noncompliance. 6) Stream Standard Violation 15A NCAC 02B .0211 (3)f Has visible sedimentation occurred offsite. es No In-stream sediment was present in the stream channel below Basin#2. Pockets of sediment, 2-6 inches deep, as well as a slight coating of sediment throughout the reach, were visible for approximately 50 feet. APAC .,ary 23,2009 age 3 of 3 REQUIRED RESPONSE A) Please detail the events that resulted in non-compliance with the above-mentioned NPDES NCG020503 permit conditions. B) Explain when you anticipate being in full compliance with the Stormwater Permit and your Stormwater Best Management Practices Plan. f Q Stream Restoration Plan (sediment impacts)— Sediment impacts to the streams onsite and downstream of the site must be removed. As a part of this plan, you should provide the amount (depth) of material that has been deposited in the stream. This information should be depicted on a map you provide. It is recommended that you use hand labor (buckets, shovels and wheelbarrows)to remove deposited sediment from the stream channel. The sediment should be removed from the channel,taken to high ground away from the stream channel and stabilized. Enclosed is a guidance document to assist with sediment removal requirements. D) It is requested that DWQ Asheville Regional Office be provided a copy of all the weekly inspections, 2009 qualitative, and analytical monitoring reports from this point forward until further notice. Continue to send the required submittals to the Central Files address. E) Finally, you should include in your response an explanation of how you propose to prevent these problems from reoccurring at this facility. Thank you for your assistance and cooperation during this inspection. Please be advised that violations of the NPDES General Permit are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. If you have any questions, comments, or need assistance with understanding any aspect of your permit,please do not hesitate to contact Linda Wiggs at(828) 296-4500. Sincerely, Roger C. Edwards Surface Water Protection Section Enc: Sediment Removal Guidance Document cc: ARO—Water Quality ARO—Land Quality Central Office Land Quality-Mr. Floyd Williams NPS-ACO Unit Central Files IVY_ Beverly Perdue,Governor Dee Freeman,Secretary North Carolina Department of Environment and Natural Resources rColeen H.Sullins,Director i Division of Water Quality ANTON Asheville Regional Office SURFACE WATER PROTECTION January 26, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED =-7007 1490 0004 0798 9852 Mr. Ken Galloway The Havens PO Box 883 Murphy,NC 28906 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT The Havens DWQ Tracking Number: NCROO1383 NOV-2009-PC-0060 Construction Stormwater Permit NCGO10000 Stream Standard Violation- Other Waste (In-stream sediment) Cherokee County Response deadline: 30 days from receipt Dear Mr. Galloway: On January 13,2009, Linda Wiggs from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection for The Havens along Johnsville Road in Cherokee County. You and Nathan Galloway were present during the inspection. Construction Stormwater Permit NCGO10000, and stream standards violations were noted during the inspection and file review. Sediment impacts to an Unnamed Tributary to Hothouse Creek, Classification "C"were documented constituting standard violations: As a result of the site inspection and file review, the following violations, detailed below, were noted: VIOLATIONS I. Construction Stormwater Permit NCGO10000 -A Construction Stormwater Permit (NCGO10000) is issued upon the approval of an Erosion and Sedimentation.Control Plan for sites greater than one acre. Specifically, the NCG010000 Permit authorizes discharge NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296A500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Cherokee\Stormwater Construction NCGO I UHaven\NOV-2009-pc-0060.doc An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper The Havens Page 2 of 3 January 26, 2009 of stormwater under the National Pollutant Discharge Elimination System (NPDES) in accordance with Title''15 A North Carolina Administrative Code 2H.0100. a. "Rain Gauge(Part I. Section B. No. 1.) A rain gauge was not observed on the site at the time of inspection. b. Rain Gauge Data(Part 1. Section B. No. 1.) Rain gauge data, measured daily, was not recorded and available for review. c. Schedule of Compliance (Part I. Section C. No. 2) Failure to operate and maintain stormwater controls to optimum efficiency as cited by Division of Land Resources Notice of Violation dated December 19, 2008,represents a violation of NCG010000 Permit. d. Minimum Monitoring and Record Keeping (Part I. Section B:No. 3) Inspection records of erosion& sedimentation control measures and stormwater discharges, collected weekly and after every half-inch or greater rain event, were not recorded and available for review. e. Final Limitations and Controls for Stormwater Discharges (Part I. Section A. No.2) Failure to follow Erosion Control Plan, as cited in Division of Land Resources Notice of Violation dated December 19, 2008,represents a'violation of NCGO10000 Permit. f. Twenty-four Hour Reporting(Part II. Section E.No.3) The lack of notification to DWQ regarding sediment loss represents violations of NCGO10000 Permit. II. Stream Standard Violation- Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f- Greater than 100 feet of an Unnamed Tributary to Hothouse Creek was impacted by i sediment deposition greater than 2 inches throughout the stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f) REQUIRED RESPONSE This Office requests that you respond in writing within 30 days of receipt of this Notice. Your response should be sent to both to the attention of Linda Wiggs, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and to the attention of Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response should address the following items: I. Construction Stormwater Permit NCG010000 a. Please detail the events that resulted in non-compliance with the above-mentioned NCGO10000 permit conditions. b. Please explain when you anticipate being in full compliance with the NCGO10000 Permit and your Erosion and Sediment Control Plan. c. Minimum Monitoring and Record Keeping — You were supplied a copy of the monitoring form during the inspection, please provide copies of this report on a weekly basis to. Linda Wiggs at the address listed above until further notice. Page 3 of 3 2009 11. Stream Standard-Other Waste (In-Stream Sediment) a. Please explain when construction(excavation,grubbing, and clearing)began at the site. b. Please submit a Sediment Removal Restoration Plan(Restoration Plan)to this office for review and approval. The Restoration Plan must address removal of the accumulated sediment from Unnamed Tributary to Hothouse Creek. Enclosed is a guidance sheet to assist with the sediment removal process and reporting. The Restoration Plan must be submitted to Linda Wiggs for review and approval prior to implementation. At a minimum the Restoration Plan should include the following: • A narrative explaining how sediment will be removed and how impacted waters will be restored. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. • A diagram of the stream channel, referenced with pre sediment removal activity photo documentation of sediment impacts. c. Once the Restoration Plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Linda Wiggs. 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 Quality regarding these issues and any future/continued violations that maybe 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 Linda Wiggs or myself at(828) 296-4500. Sincerely, VCD t�= aZ' 241 Roge C. Edwards Regional Supervisor Surface Water Protection Section Enclosures; Sediment Removal Guidance cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files ARO Division of Land Resources ``. �i ��, �.�' Beverly Eaves Perdue,Governor Qta Dee Freeman,Secretary North Carolina Department of Environment and Natural Resources -� Coleen H.Sullins,Director Division of Water Quality January 26,2008 Henderson County DWQ Project 20090023 TIP No. B-4545 NCSR 1137(Crail Farm Road/Middleton Road) Approval of 401 Water Quality Certification with Additional Conditions Dr. Greg Thorpe,PhD., Manager Project Development and Environmental Analysis North Carolina Department of Transportation 1548 Mail Service Center Raleigh,North Carolina, 27699-1548 Dear Dr. Thorpe: You have our approval, in accordance with the conditions listed below,for the following impacts to Mud Creek for the purpose of constructing a three-sided bottomless concrete culvert(32 feet by 10 feet)in Mud Creek on NCSR 1137 (Crail Farm Road/Middleton Road) in Henderson County: Stream Impacts in the French Broad River Basin Site Permanent Streambank Permanent Temporary Total Stream Fill in Stabilization Fill in Impacts in Stream Impacts Intermittent in Perennial Perennial Perennial Impact Requiring Stream (linear Stream Stream Stream (linear ft) Mitigation ft) linear ft) (linear ft) linear ft) (linear ft) Site 1 0 64 0 35 1 99 0 Total 1 0 64 0 1 35 1 99 0 Total Stream Permanent Impact for Project: 64 linear feet. Temporary Impacts for Project: 35 linear feet. The project should be constructed in accordance with your application dated January 5,2009 (received January 8, 2009), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Nos. 3689 and 3688, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 13 and 33. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre, or if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions fisted below. NorthCarolina Aaturalltf North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)2964500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer Dr. Greg Thorpe,PhD. January 26,2009 Page Two Condition(s)of Certification. 1. There shall be no excavation from or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams,compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures must be installed and maintained on the project site until all disturbed soils are permanently stabilized. All bare soil should be seeded as soon as possible following disturbance. Erosion control mating shall be used in conjunction with appropriate seeding on disturbed stream banks. Matting should be secured in place with staples or wherever possible, live stakes of native trees. Tall fescue shall not be used in riparian areas. 3. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted area shall be revegetated with appropriate native species. 4. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 5. For projects impacting waters classified by the NC Environmental Management Commission as Trout jr), High Quality Waters`(HQW) or Water Supply I or II (WS-I, WS-II), stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff prior to discharging directly into streams. Please refer to the most current version of Stormwater Best Management Practices. Mowing of existing vegetated buffer areas is strongly discouraged. 6. If multiple pipes or barrels are required,they shall be designed to mimic the natural stream cross section as closely as possible, including pipes and barrels at floodplain elevation and/or.sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 7. Deck drains should not discharge directly into the streams. Stormwater shall be directed across the culvert and pre- treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the most current version of Stormwater Best Management Practices. Stormwater shall be managed in accordance with your State Stormwater Permit issued by the Division of Water Quality. 8. The dimension, pattern and profile of the stream, above and below the new culvert, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions: 9. Native riparian vegetation.(e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 10. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 11. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 12. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 13. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants,hydraulic fluids, or other toxic materials. 14. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 16. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 17. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the �. Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. norpe, PhD. 26, 2009 Three 18. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 19. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 20. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 21. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If DWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,DWQ may reevaluate and modify this certification. 22. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements,etc. 23. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 24. Upon.completion of the project,the NCDOT Division Engineer shall complete and return the enclosed"Certificate of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd., Suite 250,Raleigh,North Carolina 27604. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, Coleen H. Sullins, Director Division of Water Quality cc: David Baker,USACE, Asheville Field Office J. B. Setzer, P.E., Division 14 Engineer Ed Ingle, Roadside Environmental Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 090023(Thorpe)TIP B-4545 NCSR 1137 \� \J Beverly Perdue,Governor rE�Qp Dee Freeman,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director DWa j r 1 Division of Water Quality U 'F' Asheville Regional Office SURFACE WATER PROTECTION January 26, 2009 Jackson Paper Manufacturing Dan Roland Tim Coggins 152 W. Main Street Sylva,NC 28779 SUBJECT: NCS000295 Compliance Inspection Status: Non-Compliant Jackson Paper Jackson County Dear Sirs: On December 16, 2008, an inspection of your facility located in Sylva N.C. was conducted to determine if requirements of Stormwater Permit NCS000295 were being followed. Present during the inspection was Tim Coggins. The following observations were noted during the Division of Water Quality inspection: Qualitative Monitoring Qualitative monitoring needs to be conducted and recorded in accordance with the permit requirements, semi-annually. Analytical Monitoring Analytical monitoring needs to be conducted and recorded in accordance with the permit requirements. Results from 2005 at outfall#3 area concern. During the next representative storm event,please perform analytical monitoring at outfall #3 and supply results to my attention at the address listed in the footer. Non-Stormwater Discharge Documentation for the permanent closure of historic discharge points could not be located. Please reevaluate for the presence of non-stormwater discharge. A dye test should be sufficient, however you will need to be in contact with me during this process. Stormwater Discharge outfall The actual stormwater discharge outfall pipe locations were undetermined and are likely inaccessible.Monitoring is performed at the furthest inline manhole or storm drain points. Individual stormwater discharge outfalls and drainage areas are discussed below: NnrthCaro aturai 2090 U.S.Highway 70,Swannanoa,'NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 G:\WPDATA\DEMWQ\Jackson\JACKSON PAPER\inspect2008letter.doc Jackson Paper January 26, 2009 Page 2 of 2 Outfall/Drainage#1: Outfall #1 has not been monitored. Site Drainage Map indicates this area as#I. A link to the pump house is depicted on the Site Drainage Map. During the inspection, this drainage area appeared to be only the southern section of drainage area#1, which is the Main Office parking lot and a shipping area: with possible added drainage coming from Main Street. It is unclear where the northern section of drainage area#1 drains or if the pump house is connected. Please evaluate this and clarify. If the outfall is only receiving the southern section of drainage area 91, please perform the following tasks: clean out the stormdrain, then perform oil and grease analysis during the next representative rainfall event and submit results to me. It is, possible this outfall would be better protected by installation of a pillow device to collect sediment and parking lot petroleum residues. Any pillow device deployed would need quarterly replacement. Outfall/Drainage#2: Outfall#2 is monitored from a fairly deep storm drain structure on the south side of the main building. This is the drainage area where non-stormwater discharge evaluations need to focus. During the inspection there was considerable water in the storm drain absent considerable rainfall. This structure makes for difficult monitoring; please discuss qualitative and analytical monitoring technique- at this location. Outfall/Drainage#3: Outfall#3 is monitored from a manhole at the south end of drainage area #3 adjacent to the railroad tracks. This outfall receives drainage from the piles of sawdust, which are used for fuel. This outfall has had elevated analytical results that are a concern, specifically the BOD and COD results. Please perform analytical monitoring at this outfall during the next representative rainfall event and submit results tome. Due to the sawdust piles in this drainage, it is likely the BOD and COD will continue to remain elevated. Therefore methods to reduce % these parameters elevated results will likely need to be explored. Response submittal of items noted above is required within 60 days of the date of the letter. If you or your staff has any questions,please'call me at 828-296-4653. Sincerely, Linda Wiggs Environmental Specialist Division of Water Quality cc: WQ Asheville Files WQ Central Files Beverly Eaves Perdue,Governor QG Dee Freeman,Secretary y North Carolina Department of Environment and Natural Resources r 1 Coleen H.Sullins,Director k A a) __ -� Division of Water Quality SURFACE WATER PROTECTION January 26, 2009 Larry G. Western Norfolk Southern Railway Company 110 Franklin Rd S E Box 13 Roanoke, VA 24042 SUBJECT: NPDES Stormwater Permit Compliance Inspection Asheville Yard Permit No: NCGO80758 Buncombe County Dear Mr. Western: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on January 14, 2009, The facility was found to be in compliance with permit NCG080758. Enclosed is a copy of the Compliance Inspection Report, which contains additional observations and comments for your reference. As noted in the report, stormwater drainage and outfalls should be re-evaluated. Upon the outcome of the investigation, the Site Plan and stormwater monitoring activities should be adjusted as appropriate. Please provide the findings of the re-evaluation and any updated documents to this office. Please contact me at(828) 296-4664 or chuck.cranford a,ncmail.net, if I can be of any further assistance. Sincerely6Speci Chuck Cr Environm Surface Water Protection Enclosure cc: Central Files Asheville Files NorthCarolina �lltlfCll��j� North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet:www.ncwaterquality.org FAX ,(828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled110%o Post Consumer Paper Compliance Inspection Report Permit: NCGO80758 Effective 11/01/07 Expiration: 10/31/12 Owner: Norfolk Southern Railway Company SOC: Effective: Expiration: Facility: Asheville Yard County: Buncombe 104 Meadow Rd Region: Asheville Asheville NC 28803 Contact Person: Larry G Western Title: Phone:540-981-4239 Directions to Facility: System Classifications: Primary ORC: 'Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 01/14/2609 Entry Time: 09:05 AM Exit Time: 10:10 AM Primary Inspector: ,Chuck Cranford Phone: Secondary Inspector(s): Reason for Inspection: Follow-up Inspection Type:Compliance Evaluation Permit Inspection Type: Transportation w/Vehicle Maintenance/Petroleum Bulk/Oil Water Separator Stormwater Discharge COC Facility Status: ■Compliant Not Compliant Question Areas: ®Storm Water (See attachment summary) Page: 1 Permit:NCGO80758 Owner-Facility: Norfolk Southern Railway Company Inspection Date: 01/14/2009 Inspection Type:Compliance Evaluation Reason for Visit:Follow-up' Inspection Summary: The inspector met with Mickey Lanford and reviewed the SPPP and toured the facility. The site was found to be in compliance with the permit. The permittee needs to re-evaluate storm drainage and determination of outfalls for the site. The inspector determined there might be additional outfalls that should be monitored. One such location can be found to the west of the office building.An old stormwater basin is located in an area of woods, which appears to be situated at the headwaters of a small creek or spring. Water is exiting the basin through rust holes in the standpipe. This water flows to a wetland/stream that exits the property under the adjacent road. Also;stormwater qualitative monitoring records indicate that up to six outfalls are currently being monitored on the site. Only one outfall is depicted on the site plan. l Page: 2 Permit:NCGO80758 Owner-Facility: Norfolk Southern Railway Company Inspection Date:01/14/2009 Inspection Type:Compliance Evaluation Reason for visit:Follow-up Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? 0 0 0 0 #Does the Plan include a General Location(USGS)map? Q Q #Does the Plan include a"Narrative Description of Practices"? E 0 0 #Does the Plan include'a detailed site map including outfall locations and drainage areas? El 010 #Does the Plan include a list of significant spills occurring during the past 3 years? n 110 #Has the facility evaluated feasible alternatives to current practices? ❑ 0 0 #Does the facility provide all necessary secondary containment? 0 Q ID #Does.the Plan include a BMP summary? n #Does the Plan include a Spill Prevention and Response Plan(SPRP)? 0 n 11 #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? 0 f_I D #Does the facility provide and document Employee Training? Q ❑ 0 #Does the Plan include a list of Responsible Party(s)? 0 ❑ ❑ #Is the Plan reviewed and updated annually? 0 n Cl #Does the Plan include a Stormwater Facility Inspection Program? ® ❑ 0 D Has the Stormwater Pollution Prevention Plan been implemented? ® ❑ Q Q Comment: Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ® 0 00 Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ® Q ❑ #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? 0 ® � Q Comment: The permittee indicated that drought conditions have made it difficult to collect samples. Permit and Outfalls Yes No NA NE #Is a copy of the Permit and the Certificate of Coverage available at the site? ® ❑ ❑ 0 #Were all outfalls observed during the inspection? ® ❑ Q #If the facility has representative outfall status, is it properly documented by the Division? D ❑ ■ 0 11 Cl #Has the facility evaluated all illicit(non stormwater)discharges? ® 0 Comment: Page: 3 - � ,--.� �J r� '� Beverly Eaves Perdue,Governor r Dee Freeman,Secretary QG North Carolina Department of Environment and Natural Resources r Coleen H.Sullins,Director .4 Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION January 27, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED—7007 1490 0004 0798 9869 Celena Smith, Silver Creek Apartments 31 Spaulding Dr Candler NC 28715 Subject: NOTICE OF VIOLATION NOV-2007-PC-0105 Compliance Evaluation Inspection Silver Creek Apartments Permit No. NCG551061 Buncombe County Dear Ms. Smith: Enclosed please find a copy of the Inspection Report for the inspection conducted January 7; 2009. The Compliance Evaluation Inspection was conducted by Keith Haynes and Jeff Menzel of the Asheville Regional Office. The treatment facility was found to be in violation of Permit NCG551061 for the following: Inspection Area Compliance Issue Disinfection-Tablet There were no tablets in the chlorination unit. Permit Operating without a valid permit Please refer to the enclosed Inspection Report for any additional observation and comments. Attached is a RENEWAL FORM, which into be used to request renewal of your Certificate of Coverage. Please return the completed form to the Raleigh address indicated. Carefully review these violations and deficiencies and respond in writing to this office within twenty (20) working day of receipt of this letter. In your response you should address the causes of noncompliance, all actions taken to correct these situations and all actions taken to prevent the recurrence of similar situations. Please understand that such a discharge without a valid permit constitutes a violation of North Carolina General Statute (NCGS) 143-215.1; enforceable under provisions of NCGS 143-215.6A as administered by this Agency. Please refer to the enclosed Inspection Report for any additional observation and comments. If you should have any questions, please do not hesitate to contact Mr. Jeff Menzel at 828/296-4500. Sincerely, 1 (� i Roger C. Edwards, Regional Supervisor Surface Water Protection cc: WQ Central Files w/attachment ARO w/ attachment 2090 U.S.Highway 70,Swannanoa,N.C.28778 Telephone:828/296-4500 FAX: 828/299-7043 Customer Service:877/623-6748 One G:\WPDATA\DEM-WQ\Buncombe\SFR's NC055 North Carolina Naturally \\ �., i ___ __. _ 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 N 2 l5ii 3I NCG551061 I11 12I 09/01/07 I17 181 CI _j 19 I 20 U Remarks 2111111111L� III � � I � � i � 1111111111111111 _.LJJU6 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ---------------------------Reserved---------------------- 671 169 70 L 711®I 721 N I 73 L_U 74 751 I I I I I I 180 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) 01:00 PM 09/01/07 02/08/01 Silver Creek Apartments Milk Sick Cove Rd Exit Time/Date Permit Expiration Date Candler NC 28715 01:15 PM 09/01/07 07/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Numbers) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Celena Smith,PO Box 556 Candler NC 28715//828-665-9008/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance Section D: Summary of Findin /Comments Attach additional sheets of narrative and checklists as necessa .(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/ Z— /p"i Keith Haynes ARO WQ//828-296-4500/ 4�1 3�.O t Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers JDa Roger C Edwards ARO WQ//828-296-4500/ ! � 1 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3I NCG551061 I11 ,2I 09/01/07 I17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) _. This facility is operating without a valid permit. Page# 2 Permit: NCG551061 Owner-Facility: Silver Creek Apartments Inspection Date: 01/07/2009 Inspection Type:"Compliance Evaluation Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? n Does the facility analyze process control parameters,for ex:MLSS,MCRT,Settleable Solids,pH, DO,Sludge 11 D Judge,and other that are applicable? Comment: The grass was cut at this facility but there were no chlorine tablets in the tubes. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? El 0 Is the facility as described in the permit? 0 L 0 #Are there any special conditions for the permit? 0 N E) Is access to the plant site restricted to the general public? 1) 0 Is the inspector granted access to all areas for inspection? m n 0 0 Comment: This facility is operating without a valid permit. Page# 3 Beverly Eaves Perdue,Governor Dee Freeman,Secretary QG North Carolina Department of Environment and Natural Resources 7 Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION January 27, 2009 Muriel E Flynn Mills River Village 365 Kingfisher Lane Mills River, NC 28759-4756 Subject: Information Request Henderson County Dear Ms. Flynn: Enclosed please find information regarding Water Quality classification and standards. All surface waters in the state are assigned a primary classification that is appropriate to the best uses of that water. In addition to primary classifications, surface waters may be assigned a supplemental classification. Most supplemental classifications have been developed to provide special protection to sensitive or highly valued resource waters Please be aware the Mills River falls into several of these classifications before entering the French Broad. These classifications include Water Supply II (class WS-II), Trout Waters (class Tr), and High Quality Waters (class HQW). Information on this subject is also available at DWQ's website: http://h2o.enr.state.nc.us/csu/. If you should have any questions, please do not hesitate to contact Mr. Jeff Menzel at 828/296- 4500. Sincerely, Jeff Menzel, (nvironmental Specialist Surface Water Protection 2090 U.S.Highway 70,Swannanoa,N.C.28778 Telephone:828/296-4500 FAX: 828/299-7043 Customer Service:877/623-6748 One G:\WPDATA\DEMWQ\Buncombe\SFR's NCG55 NorthCaroly naturally \� �_ ��',, ��i j_. ��__ WA �y9 Beverly Eaves Perdue,Governor �Q G Dee Freeman,Secretary tom- North Carolina Department of Environment and Natural Resources © Coleen H.Sullins,Director Division of Water Quality January 27, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9913 Mr. Jon Laughter Laughter, Austin and Associates, P. A. 131 Fourth Avenue East . Hendersonville, North Carolina 28792 Subject: Fast-Track Application Return Dana-Hill, Phase III Henderson County Dear Mr. Laughter: Attached herewith is the Fast-Track Sewer Application which you submitted seeking permission to construct a sewer system to serve Dana-Hill, Phase III. The application is being returned for the following reasons: (1) By Act of the North Carolina General Assembly, effective September 1, 2007, Fast-Track Permit processing fees were increased from $400 to $480. When resubmitting the application please submit a single check made out to the North Carolina Department of Environment and Natural Resources in the amount of $480. 1 am sorry to have to do this but our computer is not set up to record the receipt of two checks. (2) The Application shows the City of Hendersonville Wastewater Treatment Plant and Collection System as receiving the wastewater collected at Dana-Hill. I am sure that this is a simple mistake since Hendersonville has no gravity line in the area of Dana-Hill. I look forward to receiving a completed application. Please do not hesitate to call me at 828/296-4659 should you wish to discuss this matter. Sincerely, Roy M. Davis Environmental Engineer GAWPDATA\DEMWQ\Henderson\73393 Dana Hill\Application Return-Dana Hill-Phase ore I I I.doC NorthCarolina Xaturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)2964500 Internet: www.ncwaterquality.org Customer Service 1-877-623-6748 FAX (828)299-7043 An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper \ l \.�. f,___„\ �✓'i \N A Beverly Eaves Perdue,Governor Dee Freeman,Secretary ram- North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality SURFACE WATER PROTECTION January 28, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED —7007 1490 0004 0798 9944 Mr. Thomas David Kleinman 1508 SW Mapp Road Palm City, Florida 34990 Subject: Illegal Discharge of Sewage 443 Fairview Road City of Asheville Buncombe County Dear Mr. Kleinman: On October 24, 2009, using dye, l confirmed that sewage from your house at 443 Fairview Road is being discharged into the back yard of your neighbor's home next door at 451 Fairview Road. The discharge of sewage onto the surface of the ground is a violation of North Carolina General Statute 143-215.1(a). Violations of North Carolina General Statute 143-215.1(a) are punishable by Civil Penalties of up to $25,000 per day with each day a violation continues being considered a separate violation. On several occasions I have discussed this matter with Betsi Flores and your son Josh who are occupying 443 Fairview Road. On each occasion I was told that an effort was being made to unclog or otherwise repair the service line providing sewer service for 443 Fairview Road. On January 26, 2009 1 observed an open hole above the service line in the backyard of 451 Fairview Road with sewage standing in that hole. Within thirty (30) days from date of this letter, the discharge.of sewage from your Fairview Road property onto the yard at 451 Fairview Road is to be eliminated. In addition to the assessment of Civil Penalties for violation of North Carolina General Statute 143-215, the North Carolina General Statutes authorize the Division of Water Quality to seek a court order to achieve compliance with the General Statutes. North Carolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)2964500 Internet: www.ncwaterqualiV.org Customer Service 1-877-623-6748 FAX (828)299-7043 An Equal Opportunity/Affirmative Action Employer—50%Recycledf10%Post Consumer Paper may be reached at (828) 296-4659 should you need to discuss this matter. Sincerely, 4 Roy M. D is Environmental Engineer Xc: Steve Jones, Buncombe County Health Department Mark Case, Asheville Building Safety Department Ms. Betsi Flores 443 Fairview Road Asheville, North Carolina 28803 G:\WPDATA\DEMWQ1Buncombe\MSD Collection System\443 Fairview Road.doc + Beverly Eaves Perdue,Governor pG Dee Freeman,Secretary 7 North Carolina Department of Environment and Natural Resources r ,rtfi� m "I Coleen H.Sullins,Director Division of Water Quality SURFACE WATER PROTECTION January 28, 2009 Jeff Ferguson Unimin Corporation 136 Crystal Drive Spruce Pine,North Carolina 28777 SUBJECT: NPDES Stormwater Permit Compliance Inspection Unimin Corp-Green Mountain Plant#1 Permit No: NCG020032 Yancey County Dear Mr. Ferguson: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on December 16, 2008. The facility was found to be out of compliance with permit NCG020032. The primary issue was the sediment(product) being discharged to Mine Creek. Enclosed is a copy of the Compliance Inspection Report, which contains additional observations and comments for your reference. Please contact me at(828) 296-4664 or chuck.cranfordnncmail.net, after you receive this letter and provide an update on efforts to resolve the situation. Sincerely, Chuck ranford Environmental Specialist Surface Water Protection Enc. cc: Central Files Asheville Files North Carolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 I-877-6231-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper /-- i �i \�\ Compliance Inspection Report Permit: NGG020032 Effective: 01/19/05 Expiration: 12/31/09 Owner: Unimin Corporation SOC: Effective: Expiration: Facility: Unimin Corp-Green Mountain Plant#1 County:Yancey Hwy 197 N Region:Asheville Green Mountain NC 28740 Contact Person: Jeffrey S Ferguson Title: Phone:828-766-6081 Ext.13 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 12/16/2008 Entry Time: 10:00 AM Exit Time: 11:00 AM Primary Inspector: Chuck Cranford Phone: Secondary Inspector(s): Reason for Inspection: Routine Inspection Type:Compliance Evaluation Permit Inspection Type: Mining Activities Stormwater Discharge COC Facility Status: ❑Compliant ■ Not Compliant Question Areas: Storm Water (See attachment summary) Page: 1 Permit:NGG020032 Owner-Facility: Unimin Corporation Inspection Date: 12/16/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Inspection Summary: The inspector reviewed the SPPP and toured the site with Jeff Ferguson. Overall,the site is following good housekeeping and maintenance practices and meeting permit monitoring requirements. The inspector and Mr. Ferguson identified a sediment discharge of product to Mine Fork Creek impacting the receiving stream. This is a permit compliance issue. Mr. Ferguson indicated there are plans to modify/expand the facility and the company would strive to change the existing conditions to prevent such losses permanently. Until then housekeeping practices will be increased. Prior to this inspection,the permittee had requested Representative Outfall Status(ROS)for this facility. Until the site gains full compliance with the permit, the inspector determined approving ROS to be impractical. Page: 2 Permit:NCG020032 Owner-Facility: Unimin Corporation Inspection Date: 12/16/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ❑ ❑ ❑ #Does the Plan include a General Location(USGS)map? ❑ ❑ ❑ #Does the Plan include a"Narrative Description of Practices"? ■ ❑ ❑ ❑ #Does the Plan include a detailed site map including outfall locations and drainage areas? ■ ❑ ❑ ❑ #Does the Plan include a list of significant spills occurring during the past 3 years? ■ ❑ ❑ ❑ #Has the facility evaluated feasible alternatives to current practices? ■_❑ ❑ ❑ #Does the facility provide all necessary secondary containment? ❑ ❑ ❑ #Does the Plan include a BMP summary? ® ❑ ❑ ❑ #Does the Plan include a Spill Prevention and Response Plan(SPRP)? ■ ❑ ❑ ❑ #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ ❑ ❑ ❑ #Does the facility provide and document Employee Training? ® ❑ ❑ ❑ #Does the Plan include a list of Responsible Party(s)? ® ❑ ❑ ❑ #Is the Plan reviewed and updated annually? ■ ❑ ❑ ❑ #Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ ❑ n Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ ❑ ❑ Comment: Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ ❑ ❑ Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ ❑ ❑ ❑ #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ ❑ Comment: Permit and Outfalls Yes No NA NE #Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ ❑ ❑ #Were all outfalls observed during the inspection? ■ ❑ ❑ ❑ #If the facility has representative outfall status, is it properly documented by the Division? 1311 ■ ❑ #Has the facility evaluated all illicit(non stormwater)discharges? E 0 ❑ ❑ Comment: Page: 3 - I: \: `_, /__,\ - � i i-. ',\ �J�W A 7- 9p Beverly Eaves Perdue,Governor Dee Freeman,Secretary r North Carolina Department of Environment and Natural Resources 4 C Coleen H.Sullins,Director Division of Water Quality SURFACE WATER PROTECTION SECTION January 28, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7007 1490 0004 0798 9937 Mr. David McGuirk, President Covewood Property Owners Association, Inc. 16 Covewood Road Asheville, North Carolina 28805 Subject: Illegal Discharge of Sewage Covewood Buncombe County Dear Mr. McGuirk: On January 9, 2009, I observed that the privately owned sewage collection system serving Covewood Trail and Woodhaven Trail was overflowing sewage onto the property at 20 Utopia Road. The sewage was apparently coming from either a man-hole bottom or upstream gravity line: The discharge of sewage onto the surface of the ground is a violation of North Carolina General Statute 143-215.1(a). Violations of North Carolina General Statute 143-215.1(a) are punishable by Civil Penalties of up to $25,000 per day with each day a violation continues being considered a separate violation. In addition to the assessment of Civil Penalties for violation of North Carolina General Statute 143-215, the North Carolina General Statutes authorize the Division of Water Quality to seek a court order to achieve compliance with the General Statutes. No thCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)2964500 Internet: www.ncwaterquality.org Customer Service 1-877-623-6748 FAX (828)299-7043 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper It is the responsibility of all users of this sewer to insure that the sewage collected is properly conveyed to public sewer. Within thirty (30) days from date of this letter, the discharge of sewage from the Covewood sewers onto the surface of the ground and into the State's surface waters is to be eliminated. I may be reached at (828) 296-4659 should you need to discuss this matter. Sincerely, Roy M. D vis Environmental Engineer Xc: Registered Agent, 461 Covewood Lane, Asheville, N.C. 28805 Mark Case, Asheville Building Safety Department G:\WPDATA\DEMWQ\Buncombe\MSD Collection System\Covewood.09.doc �QF W aTFRQ Beverly Eaves Perdue,Governor PDee Freeman,Secretary - North Carolina Department of Environment and Natural Resources Q Coleen H.Sullins,Director Division of Water Quality January 28, 2009 Mr. David McGuirk, President Covewood Property Owners Association, Inc. 16 Covewood Road Asheville, North Carolina 28805 Subject: Illegal Discharge of Sewage Covewood Buncombe County Dear Mr. McGuirk: On January 9, 2009, 1 observed that the privately owned sewage collection system serving Covewood Trail and Woodhaven Trail was overflowing sewage onto the property at 20 Utopia Road. The sewage was apparently coming from either a man-hole bottom or upstream gravity line. The discharge of sewage onto the surface of the ground is a violation of North Carolina General Statute 143-215.1(a). Violations of North Carolina General Statute 143-215.1(a) are punishable by Civil Penalties of up to $25,000 per day with each day a violation continues being considered a separate violation. In addition to the assessment of Civil Penalties for violation of North Carolina General Statute 143-215, the North Carolina General Statutes authorize the Division of Water Quality to seek a court order to achieve compliance with the General Statutes. It is the responsibility of all users of this sewer to insure that the sewage collected is properly conveyed to public sewer. Within thirty (30) days from date of this letter, the discharge of sewage from the Covewood sewers onto the surface of the ground and into the State's surface waters is to be eliminated. I may be reached at (828) 296-4659 should you need to discuss this matter. Sincerely, Roy M. avis Environmental Engineer Xc: Registered Agent, 461 Covewood Lane, Asheville,N.C. 28805 Mark Case, Asheville Building Safety Department GAWPDATA\DEM M13uncombe\MSD Collection System\Covewood.09.Regular Mail.doc one N rthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Internet: www.ncwaterquality.org Customer Service 1-877-623-6748 FAX (828)299-7043 An Equal Opportunity/Affirmative Action Employer-50%Recycled110%Post Consumer Paper �/I ��;tj/ _. _._... �()F W ArF9 p Beverly Eaves Perdue,Governor `0 P Dee Freeman,Secretary - North Carolina Department of Environment and Natural Resources Q Coleen H.Sullins,Director Division of Water Quality January 28, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7007 1490 0004 0798 9920 Mr. Donald R. & Mrs. Patricia A. Hine 74 Hemlock Street Arden, North Carolina 28704 Subject: Illegal Discharge of Sewage 74 Hemlock Street Buncombe County Dear Mr. & Mrs. Hine: On January 26, 2009, using dye, I confirmed that sewage from your house at 74 Hemlock Street is being discharged onto your back yard and thence into a small stream. The sewage is coming from a clean-out on a private sewer line crossing your property. You informed me that the line serves two houses above you in addition to your house. You also informed me that Lloyd Burnette, a former neighbor, entered into contract to maintain the sewer crossing your property in return for the right to use that line to provide sewer service to two pieces of property above yours. Today I am informed that one of those pieces of property has sold and that the deed obligates the new owner to assume Mr. Burnette's obligation to maintain the sewer crossing your property. The discharge of sewage onto the surface of the ground is a violation of North Carolina General Statute 143-215.1(a). Violations of North Carolina General Statute 143-215.1(a) are punishable by Civil Penalties of up to$25,000 per day with each day a violation continues being considered a separate violation. In addition to the assessment of Civil Penalties for violation of North Carolina General Statute 143-215, the North Carolina General Statutes authorize the Division of Water Quality to seek a court order to achieve compliance with the General Statutes. It is your responsibility to insure that the sewage generated by your house is properly conveyed to public sewer. If someone else is willing to assume that obligation; well and good. If not then you will have to see that the necessary repairs are carried out. It is your responsibility to insure that contractual obligations to maintain the sewer crossing your - North Carolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)2964500 Internet: www.ncwaterquality.org Customer Service I-877-623-6748 FAX (828)299-7043 An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper property are honored. You need to seek the advice of an attorney to answer the question of whether Mr. Burnette can transfer his contractual obligation to the purchaser of one of his pieces of property without your agreement. It is my guess that he cannot. Within thirty (30) days from date of this letter, the discharge of sewage from your 74 Hemlock Street property onto the surface of the ground and into the State's surface waters is to be eliminated. I may be reached at (828) 296-4659 should you need to discuss this matter. Sincerely, Roy M. Davis Environmental Engineer Xc: Steve Jones, Buncombe County Health Department Mark Case, Asheville Building Safety Department Herman Shelton, MSD G:\WPDATA\DEMWQ\Buncombe\MSD Collection System\74 Hemlock Street.doc �0�W AT,�9 p Beverly Eaves Perdue,Governor �i Dee Freeman,Secretary � P- North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality January 28, 2009 Mr. Donald R. & Mrs. Patricia A. Hine 74 Hemlock Street Arden, North Carolina'28704 Subject: Illegal Discharge of Sewage 74 Hemlock Street Buncombe County Dear Mr. & Mrs. Hine: On January 26, 2009, using dye, I confirmed that sewage from your house at 74 Hemlock Street is being discharged onto your back yard and thence into a small stream. The sewage is coming from a clean-out on a private sewer line crossing your property. You informed me that the line serves two houses above you in addition to your house. You also informed me that Lloyd Burnette, a former neighbor, entered into contract to maintain the sewer crossing your property in return for the right to use that line to provide sewer service to two pieces of property above yours. Today I am informed that one of those pieces of property has sold and that the deed obligates the new owner to assume Mr. Burnette's obligation to maintain the sewer crossing your property. The discharge of sewage onto the surface of the ground is a violation of North Carolina General Statute 143-215.1(a). Violations of North Carolina General Statute 143-215.1(a) are punishable by Civil Penalties of up to $25,000 per day with each day a violation continues being considered a separate violation. In addition to the assessment of Civil Penalties for violation of North Carolina General Statute 143-215, the North Carolina General Statutes authorize the Division of Water Quality to seek a court order to achieve compliance with the General Statutes: It is your responsibility to insure that the sewage generated by your house is properly conveyed to public sewer. If someone else is willing to assume that obligation; well and good. If not then you will have to see that the necessary repairs are carried out. It is-your responsibility to insure that contractual obligations to maintain the sewer crossing your NorthCarolina naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Internet: www.ncwaterquality.org Customer Service 1-877-623-6748 FAX (828)299-7043 An Equal Opportunity/Affirmative Action Employer 50%Recycled110%Post Consumer Paper property are honored. You need to seek the advice of an attorney to answer the question of whether Mr. Burnette can transfer his contractual obligation to the purchaser of one of his pieces of property without your agreement. It is my guess that he cannot. Within thirty (30) days from date of this letter, the discharge of sewage from your 74 Hemlock Street property onto the surface of the ground and into the State's surface waters is to be eliminated. I may be reached at (828) 296-4659 should you need to discuss this matter. Sincerely, Roy M. Davis Environmental Engineer Xc: Steve Jones, Buncombe County Health Department Mark Case, Asheville Building Safety Department Herman Shelton, MSD GAWPDATA\DEMWQ\Buncombe\MSD Collection System\74 Hemlock Street.Regular Mail.doc Beverly Eaves Perdue,Governor �R Dee Freeman,Secretary QG North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality SURFACE WATER PROTECTION January 28, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED —7007 1490 0004 0798 9951 Mr. Jeff Hall 648 Macedonia Road Asheville, North Carolina 28804 Subject: NOTICE OF VIOLATION NOV-2009-PC-0075 Compliance Evaluation Inspection Hall Residence - SFR Permit No. NCG550425 Buncombe County -Dear Mr.HaIL Enclosed please find a copy of the Inspection Report from the inspection conducted January 27, 2009. Mr, Jeff Menzel of the Asheville Regional Office conducted the Compliance Evaluation Inspection. The treatment facility was found to be in violation of Permit NCG550425 for the following: Compliance issues found during the inspection are: Inspection Area Compliance Issue Permit Operating without a valid permit. The sewage treatment system serving your Residence at 648 Macedonia Road was constructed under the provisions of Certificate of Coverage Number NCG550425. Attached is a RENEWAL FORM, which is to be used to request renewal of your Certificate of Coverage. Please return the completed form to the Raleigh address indicated. NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 G:IWPDATAIDEMW08uncombelSFR's NCG55 Hall Residence January 28, 2009 Page 2 Carefully review these violations and deficiencies and respond in writing to this office within fifteen (15) working day of receipt of this letter. In your response you should address the causes of noncompliance, all actions taken to correct these situations and all actions taken to prevent the recurrence of similar situations. Please understand that such a discharge without a valid permit constitutes a violation of North Carolina General Statute (NCGS) 143-215.1; enforceable under provisions of NCGS 143-215.6A as administered by this Agency. Please refer to the enclosed Inspection Report for any additional observation and comments. If you should have any questions, please do not hesitate to contact Mr. Jeff Menzel at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Attachment cc: NPDES Unit 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 I NI 2 15I 31 NCG550425 ill 121 09/01/27 117 181 CI 191 ,GI 20L f— Remarks !.- 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 671 169 70I l 71 I I 721 NI 73LU 74 711 I I I I I I 180 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) 03:30 PM 09/01/27 06/09/13 648 Macedonia Road 648 Macedonia Rd - Exit Time/Date Permit Expiration Date Asheville NC 28804 03:50 PM 09/01/27 07/07/31 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 Jeff Hall,648 Macedonia Rd Asheville NC 28804//828-253-8839/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Section D: Summall 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/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards � ARO WQ//828-296-4500/ / f EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3I NCG550425 I11 12) 09/01/27 117 18'cl ` Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The permit for this residence has expired. The homeowner is required to renew the permit. Please understand that such a discharge without a valid permit constitutes a violation of North Carolina General Statute (NCGS) 143-215.1; enforceable under provisions of NCGS 143-215.6A as administered by this Agency. 1 Page# 2 Permit: NCG550425 Owner-Facility: 648 Macedonia Road Inspection Date: 01/27/2009 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? Q Is the facility as described in the permit? ❑ Q ® n #Are there any special conditions for the permit? 130 ® Q Is access to the plant site restricted to the general public? 0 ❑ ® 0 Is the inspector granted access to all areas for inspection? ❑ ❑ ® Q Comment: This facility is operating without a valid permit. Page# 3 Beverly Eaves Perdue,Governor Q Dee Freeman,Secretary North Carolina Department of Environment and Natural Resources PColeen H.Sullins,Director i Division of Water Quality .r Asheville Regional Office SURFACE WATER PROTECTION January 28, 2009 Jim Beck 297 Etwin Hills Rd Asheville NC 28806 SUBJECT: Compliance Evaluation Inspection 1612 Charlotte Highway Permit No: NCG551222 Buncombe County Dear Mr. Beck: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on January 23, 2009. Jeff Menzel of the Asheville Regional Office conducted the Compliance Evaluation Inspection. The facility was found to be in Compliance with permit NCG551222. 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 Enclosure cc: , Central Files Asheville Files NorthCarolina Naturally 2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. Washington,D.C.20460 OMB No.2040-0057 EPA - -- k.Atater Corn ilange_Inspection Report Approval expires 8-31-98 I Section A: National Data System Coding(i.e.,PCS) Transaction Code fJPDES yr/mo/day Inspection Type Inspector Fac Type N .2 5 3 NCG551222 11 12 09/01/23 17 18 C 19 g 20 1 I I� f 1 _ I hI III I I Remarks 21iIII IIIIIIII II `:� III fIf I III f1II1IICI I � f6 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA -------------- ---------Reserved----- I----- 671 f 69 701� 71 UI 721 N' 73L_U 74 75[JL I I I 1 l 80 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) 02:15 PM 09/01/23 07/08/01 1612 Charlotte Highway 1612 Charlotte Hwy Exit Time/Date Permit Expiration Date Asheville NC 28806 02:30 PM 09/01/23 12/07/31 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 Jim Beck,297 Etwin Hills Rd Asheville NC 28806//828-254-8754/ - No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Operations&Maintenance 0 Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessa (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/ 02 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Dat Roger C Edwards ' ARO'WQ//828-296-4500/ /� EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3 17 18 NCG551222 11 12 09/01/23 C Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) o No violations of permit requirements or applicable regulations were observed during this inspection. Page# 2 Permit: NCG551222 Owner a Facility: 1612 Charlotte Highway Inspection Date: 01/23/2009 Inspection Type: Compliance Evaluation Aerations &Maintenance Yes No pia NE: Is the plant generally clean with acceptable housekeeping? IN C1 0 0 Goes the facility analyze process control parameters,for ex:MLSS,MCRT, Settleable Solids,phi, DO,Sludge 0 0 D Judge,and other that are applicable? Comment: Effluent Pipe Yes No NA HE Is right of way to the outfall properly maintained? 0 0 D Are the receiving water free of foam other than trace amounts and other debris? 11 D El If effluent (diffuser pipes are required) are they operating properly? fm1 U Comment: There was no trace amounts or other debris in the receiving waters; the pipe was not discharging at the time of inspection. Page# 3 - 1. - \. - � �\ ` "J q� i Beverly Eaves Perdue,Governor �a Dee Freeman,Secretary North Carolina Department of Environment and Natural Resources fl -� Coleen H.Sullins,Director Division of Water Quality SURFACE WATER PROTECTION January 29, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED -7007 1490 0004 0799 0001 E. J. Ponder C/O Warren Ponder Post Office Box 276 Marshall,North Carolina 28753 CERTIFIED MAIL RETURN RECEIPT REQUESTED —. 7007 1490 0004 0798 7250 Dennis Edwards 3474 Possum Trot Road Burnsville,North Carolina 28714 Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2009-DV-0036 E.J. Ponder Site off Upper Brush Creek Violations Madison County Dear Messrs. Ponder and Edwards: On January 9, 2009 the North Carolina Division of Forest Resources (DFR) notified the North Carolina Division of Water Quality (DWQ) of an oil spill on property in Madison County either owned and/or logged by Mr. Ponder and/or Mr. Edwards. On January 14, 2009 Kevin Barnett of the Asheville Regional Office DWQ along with staff of the North Carolina DFR conducted site inspections on the property During the inspection DWQ staff collected measurements, took photographs, and made visual observations of sedimentation and earthen fill impacts to unnamed tributaries to Brush Creek, a Class C Trout stream located in the French Broad River Basin. As a result of the site inspection and file review, the following violations detailed below are noted: (1) Oil Pollution&Hazardous Substances Control Act—Unlawful Discharge (2) Oil Pollution& Hazardous Substances Control Act—Required Notice (3) Failure to Secure a 401 WQC (4) Removal of Best Usage (earthen fill, culverts, relocated stream channel) One NorthCarc ,Vahtra North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)2964500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Page 2 of 4 Ponder Property Madison County Item I. Oil Pollution & Hazardous Substances Control Act—Unlawful Discharge The waste hydraulic fluid leaking from the load loading equipment, left on the ground during a precipitation event, discharged overland to an un-named tributary to Brush Creek constitutes a violation of North Carolina General Statute § 143-215.83. North Carolina General Statute § 143-215.83 states that it shall be unlawful, except as otherwise provided in this Part, for any person to discharge, or cause to be discharged, oil or other hazardous substances into or upon any waters, tidal flats, beaches, or lands within this State, or into any sewer, surface water drain or other waters that drain into the waters of this State, regardless of the fault of the person having control over the oil or other hazardous substances, or regardless of whether the discharge was the result of intentional or negligent conduct, accident or other cause. Item II. Oil Pollution & hazardous Substances Control Act—Required Notice The waste hydraulic fluid leaking from the load loading equipment, left on the ground during a precipitation event, .discharged overland to an un-named tributary to Brush Creek constitutes a violation of North Carolina General Statute § 143-215.85. North Carolina General Statute § 143-215.85. states that except as provided in G.S. 143-215.94E(al) and subsection (b) of this section, every person owning or having control over oil or other substances discharged in any circumstances other than pursuant to a rule adopted by the Commission, a regulation of the U. S. Environmental Protection Agency, or a permit required by G.S. 143-215.1 or the Federal Water Pollution Control Act, upon notice that such discharge has occurred, shall immediately notify the Department, or any of its agents or employees, of the nature, location and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. Item II. Failure to Secure a 401 WQC It was observed that two un-named tributaries to Brush Creek had been filled with earthen material and woody debris (approximately 1,200 linear feet on one tributary and approximately 800 linear feet on a second tributary). The placement of fill without either exclusion nor authorization is a violation for failure to secure a 401 Water Quality Certification. DWQ site visits and file review confirmed that impacts occurred without a 404 Permit from the U.S. Army Corps of Engineers. A file review indicates that the U.S. Army Corps of Engineers (COE) has not authorized use of a 404 Permit for this activity nor has notification been provided to the COE for this activity. The file review confirmed that a Pre-construction Notification has not been received by the Division of Water Quality for this project and that a 401 Water Quality Certification has not been issued. A Pre-Construction Notification submitted to DWQ is required prior to the above- mentioned impacts pursuant to 15A NCAC 2H .0500. of 4 .aer Property Madison County Item II. Removal of Best Usage (earthen fill, culverts, relocated stream channel) The placement of the above cited earthen fill material and woody debris is a removal of best usage as defined in 15A NCAC 02B .0211 (2), which states that the waters shall be suitable for aquatic life propagation and maintenance of biological integrity, wildlife, secondary recreation, and agriculture; sources of water pollution which preclude any of these uses on either a short-term or long-term basis shall be considered to be violating a water quality standard. Requested Response This Office request that you respond in writing as to any mitigating factors which prevented you from containing hydraulic fluid on-site and why you failed to report an oil spill reaching surface waters as required by the North Carolina General Statutes. Additionally, this Office requests that you respond to this letter in writing within 30 days of receipt of this Notice. Both responses should be sent to both this office at the letterhead address and to the attention of Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response should address the following items: 1. Please explain when these impacts occurred and why these impacts occurred without prior authorization. 2. Please provide documentation (including a detailed site map/survey) depicting all jurisdictional water features (e.g. streams, wetlands, buffers) on the site. This documentation should describe and quantify the impacts to those jurisdictional features, and should include plans to avoid further stream and wetland impacts on the site. 3. Please submit the following documents for review and approval: a. Stream Restoration Plan (sediment impacts) Sediment impacts to the streams onsite and downstream of the site must be removed. As a part of this plan, you should provide the amount (depth) of material that has been deposited in the floodplain, stream and any wetlands. This information should be depicted on a map you provide. It is recommended that you use hand labor (buckets, shovels and wheelbarrows) to remove deposited sediment from the stream channel. The sediment should be removed from the channel, taken to high ground away from the stream channel and stabilized. Also, the plan must address the measures that will be used for temporary stabilization/sediment control while this work is under way. b. Permit Application—If you wish for any impacts to remain in place, you must contact the U.S. Army Corps of Engineers (USACOE) for information on the type(s) of permit required. Depending on the type of permits USACOE requires, application for a 401 Water Quality Certification to DWQ will also be required. Please note that sediment impacts to streams are not permittable. Page 4 of 4 Ponder Property Madison County c. Please indicate in your response a detailed schedule with dates explaining when the restoration will be accomplished, and if you plan to seek a permit for the permittable impacts, when an application will be submitted. You are encouraged to secure a consultant to assist you with your plan development, permit, certification and authorization necessary to achieve compliance. 4. It is required that you contact the Division of Land Resources and the U.S. Army Corps of Engineers. These contacts are necessary to ensure that your restoration efforts are in compliance with the Sedimentation Pollution Control Act and Section 404 of the Clean Water Act. 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 Quality 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 Kevin Barnett at or myself at (828) 296-4500. Sincerely, Roger C. Edwards Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Alan Hill, Division of Forestry Resources David Baker, U.S. Army Corps of Engineers File: NOV2009DV0036.PonderProperty A Beverly Eaves Perdue,Governor �RQ Dee Freeman,Secretary G North Carolina Department of Environment and Natural Resources `) Coleen H.Sullins,Director } Division of Water Quality January 29, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED —7007 1490 0004 0798 9999 Mr. Mack W. Edmisten, Director Public Utilities Department City of Lenoir Post Office Box 958 Lenoir, North Carolina 28645-0958 Subject: NOTICE OF VIOLATION Permit No. WQCS00035 City of Lenoir Lenoir Collection System Caldwell County Dear Mr Edmisten: A review has been conducted of the City of Lenoir's Collection System self reported Sanitary Sewer Overflow (SSO) 5-Day Reports. This review has shown the subject facility to be in violation of the requirements found in the City of Lenoir's Collection System Permit (WQCS00035) and/or G.S. 143-215.1(a)(1). The violations are summarized below: NOV# Violation Location Cause Volume Date NOV-2009-DV-0032 01/03/2009 Advent Street Debris in line 561 gal 01/07/2009 Kimbrell's 1/1 3,015 gal 01/07/2009 Broadway Bridge 1/1 735 gal The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. Please inform us in writing what the City of Lenoir is doing to reduce Infiltration/ Inflow in the system above Kimbrell,s Furniture and the system above the Broadway Bridge, including planned Capital Improvement projects. NorthCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Natura!!I Internet:wwwncwaterquality.org FAX (828)299-7043 1-877-623-6748 If you have any question regarding this NOV or our policy relating to issuance of NOVs or Civil Penalties for SSOs please contact Roy Davis at 828-296-4659. Sincerely, l Roger C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: PERCS Unit Surface Water Protection Section Central Files Roy Davis 4A Beverly Eaves Perdue,Governor RQDee Williams,Secretary G North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director } Division of Water Quality January 29, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED—7007 1490 0004 0798 9982 Mr. Sam Greenwood, Town Manager Town of Franklin 188 West Main Street Franklin, North Carolina 28734 Subject: NOTICE OF VIOLATION Permit No. WQCS00101 Town of Franklin Franklin Collection System Macon County Dear Mr. Greenwood: A review has been conducted of the Town of Franklin's Collection System self reported Sanitary Sewer Overflow (SSO) 5-Day Report. This review has shown the subject facility to be in violation of the requirements found in the Town of Franklin's Collection System Permit (WQCS00101) and/or G.S. 143-215.1(a)(1). The violation is summarized below: NOV# Violation Location Cause Date NOV-2009-DV-0033 01/06/2009 Manhole 15 55-2 Infiltration/ Inflow The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. I have already asked in a previous Notice of Violation that you inform me in writing how far the Town's consulting engineer has progressed with design of the Town's wastewater treatment plant/collection system improvements project and where the Town of Franklin stands in terms of financing this project. NoorthCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Naturally Internet:wwwncwaterquality.org FAX (828)299-7043 1-877-623-6748 If you have any question regarding this NOV or our policy relating to issuance of NOVs or Civil Penalties for SSOs please contact Roy Davis in our Asheville Regional Office at 828-296-4659. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: PERCS Unit Jay Osborn, CSORC, Town of Franklin Surface Water Protection Central Files Roy Davis G:\WPDATA\DEMWQ\Macon\Franklin Collection System\NOV-2009-DV-0033.doc vq A IZ-,� Beverly Eaves Perdue,Governor � Dee Freeman,Secretary G North Carolina Department of Environment and Natural Resources ✓3 Coleen H.Sullins,Director Division of Water Quality January 29, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED—7007 1490 0004 0798 9975 Mr. H. Carson Fisher, P.E., County Engineer Burke County Post Office Box 1486 Morganton, North Carolina 28680 Subject: NOTICE OF VIOLATION Permit No. WQCS00324 Burke County General Services Burke County Collection System Burke County Dear Mr. Fisher: A review has been conducted of the Burke County General Services Collection System self reported Sanitary Sewer Overflow (SSO) 5-Day Report. This review has shown the subject facility to be in violation of the requirements found in the Burke County General Services' Collection System Permit (WQCS00324) and/or G.S. 143-215.1(a)(1). The violation is summarized below: NOV# Violation Location Cause Volume Date NOV-2009-DV-0035 01/07/2009 Indian Hills Pump Pump 4-5,000 Station Station gallons Failure The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should take remedial action in response to this incident. Remedial action should include identification of the cause of the SSOs and implementation of all measures necessary to prevent recurrence. Given that this SSO occurred during a storm event, please inform us in writing what actions Burke County is taking to reduce Infiltration/Inflow to the gravity system leading to the Indian dills Pump Station including any Capital Improvements projects. NoorthCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Natdlrally Internet:wwwnewaterquality.org FAX (828)299-7043 1-877-623-6748 Carson Fisher January 29, 2009 Page 2 If you have any question regarding this NOV or our policy relating to issuance of NOVs or Civil Penalties for SSOs please contact Roy Davis in our Asheville Regional Office at 828-296-4659. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: PERCS Unit Surface Water Protection Central Files Roy Davis G:\WPDATA\DEMWQ\Burke\Burke County Collection System\NOV-2009-DV-0035.doc rq A T��y Beverly Eaves Perdue,Governor pDee Freeman,Secretary G North Carolina Department of Environment and Natural Resources ✓J Coleen H.Sullins,Director Division of Water Quality January 29, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED —7007 1490 0004 0798 9968 Mr. Tom Shook, Director of Public Works Town of Bryson City Post Office Box 726 Bryson City, North Carolina 28713 Subject: NOTICE OF VIOLATION Permit No. WQCS00170 Town of Bryson City Bryson City Collection System Swain County Dear Mr. Shook: A review has been conducted of the Town of Bryson City's Collection System self reported Sanitary Sewer Overflow(SSO) 5-Day Report. This review has shown the subject facility to be in violation of the requirements found in the Town of Bryson City's Collection System Permit (WQCS00170) and/or G.S. 143-215.1(a)(1).. The violation is summarized below: NOV## Violation Location Cause Volume Date NOV-2009-DV-0034 12/24/2008 Wastewater Treatment Pump 1,000 Plant Pump Station Station gallons Failure The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should take remedial action in response to this incident. Remedial action should include identification of the cause of the SSOs and implementation of all measures necessary to prevent recurrence. Please inform us in writing what actions Bryson City has taken to reduce the possibility of this type SSO occurring again. North Carolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Natirrallll Internet:wwwncwaterquality.org FAX (828)299-7043 1-877-623-6748 Tom Shook January 29, 2009 Page 2 If you have any question regarding this NOV or our policy relating to issuance of NOVs or Civil Penalties for SSOs please contact Roy Davis in our Asheville Regional Office at 828-296-4659. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: PERCS Unit Surface Water Protection Central Files Roy Davis G:\WPDATA\DEMWQ\Swain\Bryson City Collection System\NOV-2009-DV-0034.doc Beverly Eaves Perdue,Governor Q Dee Freeman,Secretary North Carolina Department of Environment and Natural Resources rColeen H.Sullins, Director .1 Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION January 29, 2009 Milton Rogers 179 Old Lakey Gap Rd Black Mountain NC 28711 SUBJECT: Compliance Evaluation Inspection 179 Old Lakey Gap Road Permit No: NCG551276 Buncombe County ®ear Mr. Rogers: Enclosed please find a copy of the Compliance Evaluation Inspection Report from the inspection, which was conducted on January 23, 2009. The facility was found to be in Compliance with permit NCG551276. Please refer to the enclosed inspection report for additional observations and comments. Also attached is a Technical Bulletin containing more information about your type of system. If you have any questions, please call me at 296-4500. Sincer ly, Keith Hay es Environmental Senior Specialist Enclosures cc: Central Files Asheville Files Non hCarolina Naturally 2090 U.S.Highway 70, Swannanoa, NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. EPA^ Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Re crt 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 I NI 2 15I 11 NCG551276 111 121 09/01/23 117 181 Cl 19I SI 20U Remarks 211 I I L_LL I I I I I I I I I I I I I I I I I I I I I I I I I -I-IA-Li-I I I I I I I I I I6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ------ ------------------Reserved---------------------- 67 I 169 701 I 711 I 72 I N I 73 LLJ 74 751 I I ( I I I 180 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) 12:20 PM 09/01/23 07/08/01 179 Old Lakey Gap Road 179 Old Lakey Gap.Rd Primary Exit Time/Date Permit Expiration Date Black Mountain NC 28711 12:55 PM 09/01/23 12/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Officiallfitle/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) Permit Operations&Maintenance 0 Facility Site Review Effluent/Receiving Waters Section D: Summa of Finding/Comments Attach additional sheets of narrative and checklists as necessar (See attachment summary) Name(s)and Signature(s)of Inspector(s) _ Agency/Office/Phone and Fax Numbers Date Keith Hayne ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ✓ ARO WQ//828-296-4500/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3� NCG551276 I11 12� 09/01/23 117 18ICI i Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The system appeared to be adequately operated and properly maintained. Please see the attached Technical Bulletin for additional information. Page' 2 Permit: NCG551276 Owner-Facility: 179 Old Lakey Gap Road Inspection Date: 01/23/2009 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? ❑ ❑ 0 ❑ Is the facility as described in the permit? 0 ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ❑ M ❑ Is access to the plant site restricted to the general public? ❑ ® m ❑ Is the inspector granted access to all areas for inspection? ❑ ❑ Comment: The Permit was renewed in 2007 Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? m ❑ ❑ ❑ Does the facility analyze process control parameters,for ex:MLSS, MCRT,Settleable Solids, pH, DO,Sludge ❑ ❑ ❑ Judge,and other that are applicable? Comment: The owner should make sure that the pumps are working properly. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? 0 ❑ ❑ In 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: Remember to do routine checks.on the chlorine tablets. De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? M 0 ❑ ❑ Is storage appropriate for cylinders? ❑ ❑ ® ❑ #Is de-chlorination substance stored away from chlorine containers? ❑ ❑ M ❑ Comment: Are the tablets the proper size and type? M 0 ❑ ❑ Are tablet de-chlorinators operational? ® ❑ ❑ ❑ Number of tubes in use? 1 Comment: Routinely check to assure that there tablets in the tube and that the discharge is coming in contact with them. Page# 3 Beverly Eaves Perdue,Governor Dee Freeman,Secretary r�G North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director ..� Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION January 29,2009 Steven W Rich 109 Churchill Downs Dr Fairview NC 28730 SUBJECT: Compliance Evaluation Inspection 109 Churchill Downs Drive Permit No: NCG550445 Buncombe County Dear Mr.Rich: Enclosed please find a copy of the Compliance Evaluation Inspection Report from the inspection which was conducted on January 23, 2009. The facility was found to be in Compliance with permit NCG550445. Please refer to the enclosed inspection report and Technical Bulletin for additional observations and comments. If you have any questions, please do not hesitate to call me at 296-4500. Sincer I �- f Keith Hayn ss Environmental Senior Specialist Enclosures cc: Central Files Asheville Files NorthCarolina �atura!!y 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 �� \�. �� i �_� ���', `�j �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 I NI 2 151 3I NCG550445 1 11 121 09/01/23 1 17 181 CI 191 SI 201 1 Remarks 21111i1IIIIIIIIIillillIIIIIIIIIIIIlllllllIIIIIIIi6 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ---------------------------Reserved---------------------- 671 1 69 701 1 711111 721 NJ 73l t l 74 751 11 I I I I 180 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) 109 Churchill Downs Drive 02:30 PM 09/01/23 07/08/01 109 Churchill Downs Dr Exit Time/Date Permit Expiration Date Fairview NC 28730 02:45.PM 09/01/23 12/07/31 Name(s)of Onsite Representative(s)lTitles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Steven W Rich,109 Churchill Downs Dr Fairview NC 28730//828-628-18581 es Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance 0 Facility Site Review Section D: Summa 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/ Keith Haynes {t ARO WQ//828-296-4500/ ` q ` V Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ARO WQ//828-296-4500/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3I NCG550445 I11 12I 09/01/23 117 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The facility appeared to be adequately maintained. Please see the attached Technical Bulletin for additional information. Page## 2 Permit: NCG550445 Owner Facility: 109 Churchill Downs Drive Inspection Date: 01/23/2009 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? n n m n Is the facility as described in the permit? 0 n n n #Are there any special conditions for the permit? n n m n Is access to the plant site restricted to the general public? n n n Is the inspector granted access to all areas for inspection? n n n Comment: The permit was renewed 7/27/2007 Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? m n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge n n M n Judge,and other that are applicable? Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? n n n Are the tablets the proper size and type? n n n Number of tubes in use? 2 Is the level of chlorine residual acceptable? n n ❑ ■ Is the contact chamber free of growth,or sludge buildup? n n n Is there chlorine residual prior to de-chlorination? n n ❑ Comment: Tablets were in the chlorinator tubes. It appeared that the unit was recently installed. Page# 3 Beverly Eaves Perdue,Governor Dee Freeman,Secretary Q North Carolina Department of Environment and Natural Resources rColeen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION January 29, 2009 Louise Ponder 10 S Turkey Creek Rd Leicester NC 28748 SUBJECT: Compliance Evaluation Inspection 10 South Turkey Creek Road Permit No: NCG551066 Buncombe County Dear Ms. Ponder: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on January 27, 2009 by Jeff Menzel of the Asheville Regional Office. The facility was found to be in Compliance with permit NCG551066. 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, Jeff Menzel Environmental Specialist Enclosure cc: , Central Files Asheville Files Noce hCarolina Naturally 2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 G:\WPDATA\DEMWQ\Buncombe\SFR's NCG55 United States Environmental Protection Agency Form Approved. EP n Washington,D.C.20460 OMB No.2040-0057 P� 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 INI 2 151 31 NCG551066 I11 121 09/01/27 117 18L 19U 201 Remarks 2111111111111111l1111111 -1111I1 Ill 11111111111111111 Inspection Work Days Facility Self-Monitoring Evaluation Rating 1311 QA ----- -----------------Reserved--- ---------------- 67 I 169 70131 711 1 72 I N I 73)1_ I.1_I 174 751 1 1 1 1 1 1 1 80 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) 04:00 PM 09/01/27 07/08/01 10 South Turkey Creek Road 10 s Turkey creek Rd Exit Time/Date Permit Expiration Date Leicester NC 28748 04:15 PM 09/01/27 12/07/31 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 Louise Ponder,10 S Turkey Creek Rd Leicester NC 28748//828-683-4792/No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance E Facility Site Review Effluent/Receiving Waters Section D: Summary of Findin /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/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ARO WQ//828-296-4500/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3I NCG551066 I11 12� 09/01/27 I17 181CI \ Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The sand filter appeared to be well maintained. No violations of applicable permit requirements were observed during this inspection. Page# 2 Permit: NCG551066 Owner-Facility: 10 South Turkey Creek Road Inspection Dater 01/27/2009 Inspection Type: Compliance Evaluation Permit Yes No NA NE (►f the present permit expires in 6 months or less). Has the permittee submitted a new application? 0 ❑ m D Is the facility as described in the permit? ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ❑ in ❑ Is access to the plant site restricted to the general public? ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ❑ ❑ ❑ Comment: 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: 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? N ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ❑ Comment: The chlorine tubes appeared to be in good working order. Page# 3 Beverly Eaves Perdue,Governor Dee Freeman,Secretary North Carolina Department of Environment and Natural Resources - Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION January 29, 2009 Mark Girardi 93 Hidden Falls Dr Asheville NC 28804 SUBJECT: Compliance Evaluation Inspection 93 Hidden Falls Drive Permit No: NCG550306 Buncombe County Dear Mr. Girardi: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on January 27, 2009 by Jeff Menzel of the Asheville.Regional Office. The facility was found to be in Compliance with permit NCG550306. 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, Jeff Menzel Environmental Specialist Enclosure cc: , Central Files Asheville Files NorthCarolina Naturallty 2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 G:\WPDATA\DEMWQ\Buncombe\SFR's NCG55 �.�\ �` \\ 1 4, ��I �/ �J' United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance lnI pection 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 N 2 5 3 NCG550306' 11 121 09/01/27 17 18 C 19 g 20�� I I I I I Ll I Remarks 211 I I I I I I I I 1 I I I I I_LJ_LL I I I III I I I I I I I I I I I I I I I I I I Lj_jj Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved--------------------- 67I 169 70 71 U� 72 1 N I 73 I _a I f 74 75I I I I I I I 180 1® 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) 02:30. PM 09/01/27 07/08/01 93 Hidden Falls Drive 93 Hidden Falls Dr Exit Time/Date Permit Expiration Date Asheville NC 28804 02:50 PM 09/01/27 12/07/31 Name(s)of Onsite Representative(s)lrities(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Mark Girardi,93 Hidden Falls Dr Asheville NC 28804/// No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit E Operations&Maintenance 0 Facility Site Review Section D: Summary of Find in /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 y. Date Jeff Menzel ARO WQ//828-296-4500/ ',✓ f Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ARO WQ//828-296-4500/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont. 1 3I NCG550306 I11 12I 09/01/27 � 17 18'CI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) This system has a very long discharge pipe to Reems Creek. It is important that this pipe be kept clear and maintained. The owner should take a look at the receiving waters annually to verify that there are no problems with the discharge pipe. The Division of water quality recommends you have your septic tank pumped every 3 to 5 years, to prevent clogging of the sand filter. The surface of the sand filter should be kept clear of woody vegetation; roots will affect the filters life and performance. Page# 2 Permit:NCG550306 Owner-Facility: 93 Hidden Falls Drive Inspection Date: 01/27/2009 Inspection Types Compliance Evaluation Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 0 0 Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids,pH,DO,Sludge 0 0 Judge, and other that are applicable? Comment: PermitYes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? 0 Cl 0 D Is the facility as described in the permit? 0 0 Cl #Are there any special conditions for the permit? n ❑ Is access to the plant site restricted to the general public? 0 0.0 Is the inspector granted access to all areas for inspection? 0110 0 Comment: Page# 3 0�WATF9 Beverly Eaves Perdue, Governor O� QG Dee Freeman, Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director L7 Division of Water Quality Asheville Regional Office January 30, 2009 Mr. Ed Green North Carolina Department of Transportation Post Office Sox 3279 Asheville, North Carolina 28802 Subject: Permit No. WQ0033776 North Carolina Department of Transportation Madison County Maintenance Complex Wastewater Collection System Extension Madison County Dear Mr. Green: In accordance with your application received on January 12, 2009 we are forwarding herewith Permit No. WQ0033776, dated January 30, 2009, to the North Carolina Department of Transportation (NCDOT) for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which 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. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility 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. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa, NC 28778 Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper NCDOT January 30, 2009 Page 2 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 NCDOT for the construction and operation of approximately 985 linear feet of 8-inch diameter gravity sewer; 260 linear feet of 6-inch diameter gravity sewer; an 80®gallon per minute sewage pumping station with duplex pumps, on-site audible and visual high water alarms, a permanently installed on-site emergency power generator with automatic transfer switch and telemetry; as well as approximately 1,610 linear feet of 4-inch force main to serve the Madison County Maintenance Complex and the discharge of 4,650 gallons per day of collected domestic wastewater into the Town of Marshall's existing sewerage system, pursuant to the application received on January 12, 2009 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. The sewage and wastewater collected by this system shall be treated in the Town of Marshall Wastewater Treatment Facility (Permit No. NC0021733) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, for Coleen Sullins, Director Division of Water Quality cc: Madison County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0021733) Brent G. Detwiler, PE, McGill Associates Town of Marshall Surface Water Protection Section Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES NCDOT MADISON COUNTY MAINTENANCE COMPLEX WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0033776 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance,with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected everyday (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-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. 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 §143-215.1 C. 1 Permit No WQ0033776, NCDOT, Madison County Maintenance Complex, Madison County January30, 2009 4. 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. 5. 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. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with 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 Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. 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. 9. 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. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 dt No W=33776, NCDOT Madison County Maintenance Complex Madison County. January 30, 2009 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 failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. 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 Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part 11 of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control Permit issued this the 30`h day of January, 2009 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0033776 3 Permit No W00033776 NCDOT, Madison County Maintenance Complex Madison Count January anuary 30 2009 ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: approximately 985 linear feet of 8-inch diameter gravity sewer; 260 linear feet of 6- inch diameter gravity sewer; an 80--gallon per minute pump station with duplex pumps, on-site audible and visual high water alarms, and a permanently installed on-site emergency power generator with automatic transfer switch and telemetry; as well as approximately 1,610 linear feet of 4-inch force main Complete and submit this form to the Asheville regional office with the following: ® One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension ® supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project ® Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, 0 weekly, ❑ full time)the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ......................................................... ...............................: SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090.US HIGHWAY 70 SWANNANOA, NC 2877E ...................................................................................... ...............: The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow J 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. WA Beverly Eaves Perdue,Governor ©� Q Dee Freeman, Secretary .y, North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville January 30, 2009 Mr, Joe Cline, Executive Director Tuckaseigee Water& Sewer Authority 1246 West Main Street Sylva, North Carolina 28779 Subject: Permit No.WQ0033775 Tuckaseigee Water& Sewer Authority The Villages Wastewater Collection System Extension Jackson County Dear Mr. Cline: In accordance with your application received on December 29, 2003, we are forwarding herewith Permit No. WQ0033775, dated January 30, 2009, to the Tuckaseigee Water & Sewer Authority (TWSA) for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the contractor's Notice to Proceed for this project. Please pay particular attention to Permit Condition 3 which 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 Permittoe. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T .0305; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility 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. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa,NC 28778 Telephone (828)296-4500 Fax (828)299-7043 One DENR Customer Service Center Telephone 1 800 623-7748 NorthCarolina An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper ;Vatul°alley Tuckaseigee Water& Sewer Authority January 30, 2009 Page 2 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 TWSA to construct and operate approximately 993 linear feet of 8-inch diameter gravity sewer, to serve The Villages and the discharge of 21,900 gpd of additional domestic wastewater into TWSA's existing sewerage system, pursuant to the application received on December 29, 2008 and in conformity with 15A NCAC 2T .0305; 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. All wastewater discharged to this force main, whether by gravity or pressure, shall only be released after having passed through a septic tank for purposes of solids removal The sewage and wastewater collected by this system shall be treated in the TWSA Wastewater Treatment Facility (Permit No. NC0039578) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, for"ColeeYnH. Su tins, Director Division of Water Quality cc: Jackson County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0039578) Larry A. Lackey, Jr., PE Surface Water Protection Section Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TUCASEIEE WATER& SEWER AUTHORITY THE VILLAGES JACKSON COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0033775 This permit shall be effective from the date of issuance until rescinded and shall be subject to the .following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 26 .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be 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-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. 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 §143-215.1 C. 1 Permit No. WQ0033775. Tuckaseiaee Water& Sewer Authority The Villages Jackson Co.; January30 2009 4. 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. 5. 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. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T .0305; 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 Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0305; 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. 9. 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. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 it No W00033775, Tuckaseigee Water&Sewer Authority, The Villages Jackson Co.: January 30 2009 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 failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the-influent to such station or facility. 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 (300) 353-0366 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SS®was beyond control. Permit issued this the 30th day of January, 2009 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0033775. 3 Permit No W00033775 Tuckaseiaee Water& Sewer Authority. The Villages Jackson Co.; January_30, 2009 ENGINEERING CERTIFICATION ® POST CONSTRUCTION System Description: 933 linear feet of 3-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: ® One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension ® supporting design calculations(selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project ® Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliances of this permit; 15A NCAC 2T .0305; the Division of Water Quality's (Division) Gravity.Sewer Minimum Design Criteria adopted February 12, 1996 as-applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ...................................................................................... SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ........... .................... The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. Beverly Eaves Perdue,Governor Dee Freeman,Secretary Q� North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality SURFACE WATER PROTECTION January 30, 2009 CERTIFIED AIL RETURN RECEIPT REQUESTED ®-77 10 0004 0798 751 Mr. Stephen Yaw 213 Kirk Way Candler, North Carolina 23715-9562 Subject: NOTICE OF VIOLATION NOV-2009- C- 07 Compliance Evaluation Inspection Yaw Residence - SFR Permit No. NCG551216 Buncombe County Jear Mr.Yaw: Enclosed please find a copy of the Inspection Report from the inspection conducted January 7, 2009. Mr. Jeff Menzel and Mr. Keith Haynes of the Asheville Regional Office conducted the Compliance.Evaluation Inspection. The treatment facility was found to be in violation of Permit NCG551216 for the following: Compliance issues found during the inspection are: Inspection Area Compliance Issue Permit Operating without a valid permit. The sewage treatment system serving your Residence at 218 Kirk Way was constructed under the provisions of Certificate of Coverage Number NCG551216. Attached is a RENEWAL FORM, which is to be used to request renewal of your Certificate of Coverage. Please return the completed form to the Raleigh address indicated. NorthCarolina �aturu!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 G:IWPDATAIDEMWQTuncombelSFR's NCG55 Yaw Residence January 30, 2009 Page 2 Carefully review these violations and deficiencies and respond in writing to this office within fifteen (15) working day of receipt of this letter. In your response you should address the causes of noncompliance, all actions taken to correct these situations and all actions taken to prevent the recurrence of similar situations. Please understand that such a discharge without a valid permit constitutes a violation of North Carolina General Statute (NCGS) 143-215.1; enforceable under provisions of NCGS 143-215.6A as administered by this Agency. Please refer to the enclosed Inspection Report for any additional observation and comments. If you should have any questions, please do not hesitate to contact Mr. Jeff Menzel at 828/296-4500. Sincerely, Roger C. Ed\ Ards, Regional Supervisor Surface Water Protection Attachment cc: NPDES Unit United States Environmental Protection Agency Washington,D.C.20460 Form Approved. EPA OMB No.2040-0057 Water 9®m Ilance 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 I NI 2 15I 31 NCG551216 111 121 09/01/07 117 181 CI 191 SI 20I I Remarks _! 2111111111111111111111619111111I1i1llIIIfIIilII116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ---------------------------Reserved---------------------- 67I 169 701 11 71I I 721 NI 73L_U 74 751 I I I I III 80 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) 218 Kirk Way 01:30 PM 09/01/07 02/09/06 218 Kirk way Exit Time/Date Permit Expiration Date Candler NC 28715 02:15 PM 09/01/07 07/07/31 e Name(s)of Onsite Representative(s)/ritles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Stephen Yaw,218 Kirk Way Candler NC 28715/// ContactedNo Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance 0 Facility Site Review Section D: Summa 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/ Keith Haynes ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards u ARO WQ//828-296-4500/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3I NCG551216 I11 12I 09/01/07 I17 18ICI _. Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) This system is operating without a valid permit and is discharging wastewater that has not been chlorinated. The owner is required to renew the permit and maintain the system as required by the permit conditions. Page# 2 Permit: NCG551216 Owner-Facility: 218 Kirk Way Inspection Date: 01/07/2009 Inspection Type: Compliance Evaluation Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? r1 m 0 Cl Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids,pH, DO, Sludge 0 E! 13 0 Judge,and other that are applicable? Comment: The chlorinator is not being maintained Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? 00 0 0 Is the facility as described in the permit? El N n n #Are there any special conditions for the permit? 0 n F1 Is access to the plant site restricted to the general public? 0 N 0 0 Is the inspector granted access to all areas for inspection? L Comment: This system is operating without a valid permit. Page# 3 �_. '�:" r., L nilAMMMM NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Laves Perdue Galeen H. Sullins Dee freeman Governor Director Secretary January 30,2009 Mr. Mike Pettyjohn, P.E. Division Engineer N.C.Department of Transportation Post Office Box 250 North Wilkesboro,North Carolina 28659 Subject: Inspection US Highway 321 DWQ Project No. 041246 TIP No. R-2237B Caldwell County Dear Mr. Pettyjohn: On January 28, 2009, I visually inspected the construction work on US Highway 321 in Caldwell County and the project appeared to be in good shape. Construction work is mainly taking place at the northern and southern ends of the project. The erosion and sedimentation control structures,vegetative covering, mulching and matting appear to be working properly. Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached to this letter, If you have questions, please call me at 828-296-4500. Sincerely, ;= ;- � Michael R. Parker Environmental Senior Specialist Attachment cc: Frank Gioscio, P.E. Heath Slaughter, Division 11, DEO Neil Trivette, Roadside Environmental Transportation Permitting Unit Niki Maher,NPS Assistance and Compliance Oversight Unit Mike Parker, Asheville Regional Office (Pettyjohn)US Highway 321 January 2009 Inspection Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 �TOne Internet:www.ncwaterquality.org North Caroh.na An Equal Opportunity\Affirmative Action Employer �: r �` �i' DWQ Site Visits for DOT Projects Field Sheet DWQ representative: Michael R. Parker Date: January 28,2009� County: Caldwell Region: I Asheville DOT Division: FDiviSiOD 11 Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #: NW Permit#: IP#: 3481 Project Name: U S Highway 321 Widening Location of Project: US 321 North of Lenoir to South of Mowing Rock,NC Project Complete: ❑Yes X No If no, estimated date of completion: Activities(DOT): Water Quality Concerns(DWQ): ❑ Bridge ❑ Steam Standards Violation X❑ Culvert X❑ Turbidity ❑ Bottomless Culvert ❑ Evidence of spills ❑ Bottomless Arch ❑ Oil/Petroleum X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste ❑ Spoil Pile ❑ Failed E& S control measures ❑ Borrow Pit X❑ Sedimentation Impacts ❑ Wetland Mitigation ❑ Stormwater Permit Violation ❑ Stream Restoration ❑ Fill ❑ Buffer Restoration - ❑ Other ❑ Bank Stabilization X❑ Other Additional Wetland Impacts: ❑ yes X❑ no Estimated Acres C ❑ Zone 1 Est Acres ❑Zone 2 Est Acres Additional Stream Impacts: ❑yes X❑ no Est Linear feet Estimated linear feet of impact: Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ae Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited DWO Site Visits for DOT Projects Background Info Name of Waterway(s): Rocky Cove Creek,Greenfield Branch,unnamed tributary to Puncheon Camp Creek,unnamed tributary to Right Fork Mulberry Creek, unnamed tributary to Left Fork Mulberry Creek Basin/Subbasin: CTB-030831 Yadkin-030701 Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US) Stream Class: ❑Class B 0303d Listed ❑WS-11 ❑WS-v ❑SB X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW ❑xQw ❑WS-I x❑ws-Iv ❑SA ❑CA Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert ❑Bridge ❑Bottomless Arch X❑Riprap Inlet/Outlet Stabilization X❑Fill Authorized Wetland Impacts: no_ 1/101h acre X❑1/111h to 1/3`d acre 0.16 acres ❑1/3`d to 1.0 acre ❑> 1.0 acre Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet Additional comments: Compliance Issues Identified: ❑Yes X❑No Compliance issues identified: . ❑Yes ❑No If yes, complete the section below: Only the lower part of the project was looked at due to dense fog. Project looked good. Sediment and erosion control program looks good although some sediment control structures need attention. Also, there are rills in the cut area on the left before the office that needs to be corrected. At the present time most work is taking place at the north end and south end of the project in the large rock cut areas. r { Beverly Eaves Perdue,Governor Q� Dee Freeman,Secretary_ North Carolina Department of Environment and Natural Resources Gl Coleen H.Sullins,Director Division of Water Quality January 30, 2009 James and Melody Lanning 6 Trotter Circle Asheville,NC 28803 Subject: 401 Water Quality Certification Approval with Additional Conditions Lanning Property Shoreline Stabilization DWQ Project# 08-1850 Burke County (Catawba River (Lake Rhodhiss))/ CTB31 / l l-(34.5)/D12SW8 /WS-IV;CA Dear Mr. and Mrs. Lanning: The DWQ has completed the review of your 401 Water Quality Certification. application associated with the subject project listed above. Approval has been granted to impact 300 linear feet of shoreline for the purpose of stabilizing shoreline around along the Lanning property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Numbers 3693. This Certification allow you to use General Permits 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USAGE General Permit Verification. In addition, you should obtain or otherwise comply with any.other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control,Non-discharge, Catawba Buffer Rules, and Trout Buffer regulations. This approval is for the purpose that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Additional impacts may require compensatory mitigation as described in 15A NCAC 2H .0506 (h). If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Lake Rhodhiss 300 (linear feet) Referenced in photographs One North Carolina Aaturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)2964500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper James and Melody Lanning Page 2 of 2 January 29,2009 2. Catawba Buffer Tree Protection �\ No trees shall be removed from Zone 1 of the Catawba Buffer unless they are directly within the construction access corridor. If trees are removed, forested vegetation shall be re-established within the construction access or other temporary impact area occurring in the protected buffer zone within the next growing season following construction of the project. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and erosion control practices must be used to meet this standard. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at 828-296-4500. Sincerely, Coleen H. ullins, Director CHSlkhb Enc: GC 3689 Certificate of Completion cc: USACE Asheville Regulatory Field Office Wildlife Resources Commission—David McHenry 401 Permitting Unit—Central Office File Copy Filename: 08-1850.Lanning.Approval �_, A �• NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION January 30, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED ® 7007 140 0004 0798 737 Ms. Sabrina Lebeauf 11 Asbury Road Asheville, North Carolina 28804 CERTIFIED MAIL RETURN RECEIPT REQUESTED ®707 1490 0004 0798 744 Mr. Roger Buckner & Ms. Erika Love 10 Asbury Road Asheville, North Carolina 28804 Subject: Illegal Discharge of Sewage Asbury Road Buncombe County Dear Sir and Madams: Using dye, l confirmed that sewage from your houses on Asbury Road is being discharged to the roadside ditch. Sewage from your houses is being discharged to an old orphan sewer which is clogged and overflowing. A much newer publicly owned sewer runs down the center of Asbury. Your houses were never connected to the modern sewer in spite of the presence of a cleanout in your respective yards. The discharge of sewage onto the surface of the ground is a violation of North Carolina General Statute 143-215.1(a). Violations of North Carolina General Statute 143-215.1(a) are punishable by Civil Penalties of up to $25,000 per day with each day a violation continues being considered a separate violation. In addition to the assessment of Civil Penalties for violation of North Carolina General Statute 143-215, the North Carolina General Statutes authorize the Division of Water Quality to seek a court order to achieve compliance with the General Statutes. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-45001 FAX:828-299-7043\Customer Service:1-877-623-6748 One Internet:www.ncwaterquality.org NofthCarol.ina An Equal Opportunity\Affirmative Action Employer 6ZtuS al It is your responsibility to insure that the sewage generated by your house is properly conveyed to public sewer. Within thirty (30) days from date of this letter, the discharge of sewage from your Asbury Road house onto the surface of the ground is to be eliminated. I may be reached at (323) 296-4659 should you need to discuss this matter. Sincerely, 4A- Roy M. Davis Environmental Engineer Xc: Sueanna Sumpter, North Carolina Attorneys General Mark Case, Asheville Building Safety Department Herman Shelton, MSD Surface Water Protection Section Central Files PERCS Files Asheville Regional Office Files G:\WPDATA\DEMWQ\Buncombe\MSD Collection System\Asbury Road2.09.doc Location:2090 U.S,Highway 70,Swannanoa,North Carolina 28778 4 Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 One Internet:www,ncwaterquaiity.org NoIthCarot/lly/Zg a An Equal Opportunity 1 Affirmative Action Employer sera"l •�Q Beverly Eaves Perdue,Governor Dee Freeman,Secretary -i North Carolina Department of Environment and Natural Resources Ll nU Coleen H.Sullins,Director Division of Water Quality January 30,2009 Todd Bennick Bennick Enterprises, LLC 7836 Highway 70 East Nebo,NC 28761 Subject: 401 Water Quality Certification Approval with Additional Conditions Bennick Enterprises Staging Area DWQ Project# 08-1405 McDowell County (Catawba River (Lake James))/ CTB30/ l l-(23) /E11NW1 /WS-V,B Dear Mr. Bennick: The DWQ has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to impact 1,500 square feet of open waters for the purpose of stabilizing shoreline around the dock and loading area for Bennick Enterprises. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Numbers 3693. This Certification allows you to use General Permits 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE General Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control,Non-discharge, Catawba Buffer Rules, and Trout Buffer regulations. This approval is for the purpose that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Additional impacts may require compensatory mitigation as described in 15A NCAC 2H .0506 (h). If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. North Carolina Naturally North Carolina Division of Water Quality 2090'U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal opportunity/Affirmative Action Employer-50%Recycledl10%Post Consumer Paper Todd Bennick Page 2 of 3 January 29,2009 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Lake James 1,500 (square feet) Referenced in photographs 2. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 213. .0200. Appropriate sediment and erosion control practices must be used to meet this standard. 3. Buffer Re-establishment You are requested to re-establish a woody riparian buffer in areas adjacent to your existing work area, which would not interfere with access or safety, such that the buffer provided water quality benefits may be returned. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. ` If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. �1 /-9,2009 This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at 828-296-4500. Sincerely, A Coleen H. pins, Director CHSlkhb Enc: GC 3689 Certificate of Completion cc: USAGE Asheville Regulatory Field Office Wildlife Resources Commission—David McHenry 401 Permitting Unit-Central Office File Copy Filename: 08-1405.BennickEnterprisesLLC.Approval .... �. ��.:l `\���`: \_� Beverly Eaves Perdue,Governor QG Dee Freeman,Secretary North Carolina Department of Environment and Natural Resources (� '( Coleen H.Sullins,Director Division of Water Quality January 30, 2009" Margaret Leef 7 Grossup Road Charleston, WV 25314 Subject: 401 Water Quality Certification Approval with Additional Conditions Leef Property Shoreline Stabilization DWQ Project# 08-1834 Burke County (Catawba River (Lake James)) / CTB30 / 11-(23) /El INW1 /WS-V,B Dear Mrs Leef: The DWQ has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to impact 195 linear feet of shoreline for the purpose of stabilizing shoreline around along the Leef property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Numbers 3693. This Certification allows you to use General Permits 30 when issued by the US Army Corps of Engineers (USAGE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE General Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control,Non-discharge, Catawba Buffer Rules, and Trout Buffer regulations. This approval is for the purpose that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Additional impacts may require compensatory mitigation as described in 15A NCAC 2H .0506 (h). If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. NOrthCarolina Natdaalty North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Margaret Leef Page 2 of 3 January 29,2009 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Lake James 195 (linear feet) Referenced in photographs 2. Catawba Buffer'Tree Protection No trees shall be removed from Zone 1 of the Catawba Buffer unless they are directly within the construction access corridor. If trees are removed, forested vegetation shall be re-established within the construction access or other temporary impact area occurring in the protected buffer zone within the next growing season following construction of the proj ect. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and erosion control practices must be used to meet this standard. 4. Rip-Rap Installation For Stabilization All banks shall be laid back at 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 regarded slopes. Stone used in stabilization shall be a random size, varying from Class B riprap up to 6 feet in diameter to provide additional wildlife habitat. All exposed soils above the Riprap stabilized area 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. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. 3 y 29,2009 This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at 828-296-4500. Sincerely, Coleen H. Sul lins, Director CHSIkhb Enc: GC 3693 Certificate of Completion Guidelines for Riparian Buffer Restoration cc: USAGE Asheville Regulatory Field Office Wildlife Resources Commission-David McHenry 401 Permitting Unit—Central Office File Copy Filename: 08-1834.Leef.Approval QwA � Beverly Eaves Perdue, Governor P Dee Freeman, Secretary North Carolina Department of Environment and Natural Resources -� Coleen H. Sullins,Director U '< Division of Water Quality Asheville Regional Office January 30, 2009 Mr. A. B. Henley, III Charis Family Interest, LLC Post Office Box 5686 High Point, North Carolina 27262 Subject: Permit No. WQ0033777 Charis Family Interest, LLC Paper Properties Warehouse Wastewater Collection System Extension Henderson County Dear Mr. Henley: In accordance with your application received on January 22, 2009 we are forwarding herewith Permit No.WQ0033777, dated January 30, 2009, to Charis Family Interest, III for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which 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. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996. as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility 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. Asheville Regional Office Internet www,ncwaterquality.org 2090 US Highway 70,Swannanoa, NC 28778 Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Charis Family Interest, LLC January 30, 2009 Page 2 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 Charis Family Interest, LLC for the construction and operation of a 20—gallon per minute sewage pumping station with duplex grinder pumps, on-site audible and visual high water alarms, a portable generator receptacle with telemetry; as well as approximately 945 linear feet of 2-inch diameter force main to serve the Paper Properties Warehouse and the discharge of 1,000 gallons per day of collected domestic wastewater into the City of Hendersonville's existing sewerage system, pursuant to the application received on January 22, 2009 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. The sewage and wastewater collected by this system shall be treated in the City of Hendersonville Wastewater Treatment Facility (Permit No. NC0025534) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, for"Col een H. Sullins, Director Division of Water Quality cc: Henderson County Building.Inspector ARO, Surface Water Protection (WWTF Permit No. NC0025534) Dana J. Bolden, P.E. Lee Smith, City of Hendersonville Surface Water Protection Section Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES CHARIS FAMILY INTEREST, LLC PAPER PROPERTIES WAREHOUSE WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0033777 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected everyday (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-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. 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 §143-215.1 C. 1 Permit No W00033777 Charis Family Interest LLC& Paper Properties Warehouse Henderson Co Jan 30, 26, 4. 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. 5. 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. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with 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 Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide' a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 16.17 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. 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- 21'5.6A through §143-215.6C. 9. 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. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 ,No. W00033777. Charis Family Interest, LLQ: Paper Properties Warehouse, Henderson Co Jan 30, 2009 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 failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. 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 Part l of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), 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 Permit issued this the 30`h day of January, 2009 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Coleen_H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0033777 3 Permit No W00033777, Charis Family Interest, LLC: Paper Properties Warehouse, Henderson Co., Jan 30, 2u ENGINEERING CERTIFICATION ® POST CONSTRUCTION System Description: a 20®gallon per minute sewage pumping station with duplex grinder pumps, on- site audible and visual high water alarms, a portable generator receptacle with telemetry; as well as approximately 945 linear feet of 2-inch force main Complete and submit this form to the Asheville regional office with the following: ® One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project ® Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this.Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T;the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ................................................................................ : SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 .............................._...................:................................................; The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow \ made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be y considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. r� Beverly Eaves Perdue,Governor Dee Freeman,Secretary North Carolina Department of Environment and Natural Resources p Coleen H.Sullins,Director Division of Water Quality January 30, 2009 Windell and Peggy Anderson 1425 Burnt Schoolhouse Road Hayesville, NC 28904 Subject: 401 Water Quality Certification Approval with Additional Conditions 141-74/19/129 Project DWQ Project# 08-1305 Cherokee County HIW02 /UT to Valley River/ 1-52 /GO4NW1 /C, Tr Dear Messers. Anderson: The DWQ has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to impact 105 linear feet of stream for the purpose of constructing a road access; including, the installation of a culvert and rip-rap stabilization with necessary streambank grading and stabilization. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Numbers 3705. This Certification allow you to use Nationwide Permits 39 when issued by the US Army Corps of Engineers (USAGE). Authorization to proceed with your proposed impacts or to'conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE General Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control,Non-discharge, and Trout Buffer regulations. This approval is for the purpose that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Additional impacts may require compensatory mitigation as described in 15A NCAC 2H .0506 (h). If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. NorthCarolina �atura!!y North Carolina Division of Water Quality 2090 US.Highway 70 Swannanoa,NC 28778 Phone(828)2964500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50%Recycled110%Post Consumer Paper C C-., Windell and Peggy Anderson Page 2 of 3 January 29,2009 to Impacts Approved The following impacts are hereby approved as long as all of the other specific and �- general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Stream 1105 (feet) Drawing#S 1 of 1 2. Buffer Mitigation (On-site Restoration) As provided in your application, you are required to mitigate for impacts to the protected riparian buffers. A woody buffer, 25 feet in width, for the remaining stream length on the property shall be reestablished in accordance with the attached Guidelines for Rit�arian Buffer Restoration. You are required to provide proof in writing that the trees have been planted prior to June 30, 2009. The proof of plantings shall be submitted to the Wetlands/401 Unit and copied to the Asheville Regional Office. 3. Impervious Surface Thresholds You have indicated an impervious surface area of 5 % in the PCN Application Additional Information Response received December 4, 2008, and approved by this written 401 Water Quality Certification. You are reminded that if a compliance inspection determines that you have triggered Condition No. 12 in GC No. 3705, you will be required to develop, submit for DWQ approval, and implement Stormwater Management Plans. The stormwater management plan must include construction plans, specifications, stormwater BMP worksheets, and supporting calculations. The stormwater best management practices are required to be appropriate for the surface water classification and designed to remove at least 85% TSS according to the most recent version of the NC DENR -stormwater.Best Management Practices Manual 4. Turbidity Standard The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and erosion control practices must be used to meet this standard. 5. Trout Moratorium The stream is a Class C Trout Waters. In order to protect downstream uses for Class C Trout Waters a requirement of this Certification is that any additional work conducted within the stream may not occur between the dates of October 15 through April 15. Peggy Anderson 3 .y 29,2009 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Linda Wiggs in the Asheville Regional Office at 828-296-4653. Sincerely, Coleen H. Sullins, Director CHSlkhb Enc: GC 3705 Certificate of Completion Guidelines for Riparian Buffer Restoration cc: USAGE Asheville Regulatory Field Office Wildlife Resources Commission—David McHenry 401 Permitting Unit— Central Office File Copy Filename: 08-1305.141-74.19.129Proj ect.Approval E 4__ r i �i