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DWR SWP Read File Archive Jan 2012
ALW4 *WA -•�... NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 3, 2012 Mr. Larry Fox 1238 South Orange Ave. Sarasota, FL 34239 Subject: Return of Application; 401 Water Quality Certification Fox Property-Lots 6-7 (formerly Guerin Property) DWQ Project# 11-0870 Jackson County Dear Mr. Fox: The Division of Water Quality(DWQ)has reviewed your additional information received November 28, 2011, for the subject project. Susan Wilson, of the DWQ, also conducted a site inspection on December 6, 2011. Based on the information submitted and the site visit, it does not appear that additional stabilization is necessary at the site. Rip-rap fill is already in place and there appears to be minimal, if any, additional erosion along the shoreline of the property. Therefore,the project application is being returned. could you wish to perform repairs to the existing rip rap-please contact Lisa Leatherman, Duke Energy- Lake Services at(828) 369-4513 and Robby Shelton, Jackson County Planning at(828) 631-2256. The original rip-rap fill was permitted for Robert and Mary Guerin(DWQ Project#05-1698). A copy of that permit is attached. Please keep this for your records. Please call Susan Wilson at(828) 296-4665, if you have any questions. Since ey, `: V Chuck Cran€card, Regional Supervisor Surface Water Protection Asheville Regional Office cc: Ian McMillan, 401 Permitting Unit Terri Hammond-Coyle-McKee Properties PO Box 523 Cashiers,NC 28717 Lisa Leatherman, Duke Energy-Lake Services Robert Shelton, Jackson County Planning ARO File copy S:\SWP\Jackson\401s\Non-DOT\Fox Property 2011\Return.Fox Property.Glenville.1 2012.doc Location:2090 U.S,Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500\FAX:828-299-70431 Customer Service:1-877-623-6748 One Internet:www.ncwaterquality.org NOrthCarollna An Equal Opportunity 1 Affirmative Action Employer Art mallry -- .,� , ��. �� i � _� _��°- -...... NCDENR North Carolina Department of Environment.and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 3, 2012 Mr.Joe Pryor Oaks Unlimited,Inc. 3530 Jonathan Creek Rd. Waynesville,NC 28785 Subject: No Exposure Certification—Approval NCGNE0732 Oaks Unlimited, Inc. Haywood County Dear Mr. Pryor: The Division of Water Quality(DWQ)has reviewed your application for a No Exposure Certification for Exclusion(NE)for the subject facility. Based on the information provided, several.site visits conducted by Ms. Susan Wilson of the Asheville Regional Office, and results of upstream and downstream sampling,the NE has been approved. DWQ is also hereby rescinding your current permit Certificate of Coverage,NCG210021. Please note that you are obligated to maintain no-exposure conditions at your facility. If conditions change such that your facility can no longer qualify for a NE,you are obligated to immediately obtain NPDES permit coverage for your �tormwater discharge. Otherwise,the discharge becomes subject to enforcement as an un-permitted discharge. Your NE does not expire. In order to help assure that your facility stays in compliance with all of the conditions in the Certification,you must self-recertify your facility at least annually. Please see the attachment for information on self- recertification. Your conditional exclusion from permitting does not affect your facility's legal requirements to obtain environmental permits that may be required under other federal, state,or local regulations or ordinances. Results of the upstream and downstream sampling conducted at your site on October 13,2011 are attached(please keep these for your records). If you have any questions or need further information,please contact Susan A.Wilson at(828)296-4665, or at susan.a.wilsongncdenr.gov. Sincery f% For C ah r,es W i�`d-, ":� Enc. cc: Stormwater Permitting Unit/Ken Pickle,No-Exposure Files(and permit rescission) ARO Files S:\SWP\14aywood\Stormwater\3-No Exposures\Oak Un1imited\APRVL.NCGNE0732.0aks Unitd.I 2012.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 One Internet:www.ncwaterquality.org NOrthCarohna ;VJ9tuA911Y An Equal Opportunity 1 Affirmative Action Employer A 4 0,0 —7jran NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary January 4, 2012 John Peck Vulcan Construction Materials LP 2008 Wilkesboro Rd Lenoir NC 28645 SUBJECT: NPDES Stormwater Permit Compliance Inspection Vulcan Construction Materials - Lenoir Quarry Permit No: NCG020026 Caldwell County Dear Mr. Peck: , This letter is in follow-up to the NPDES StormwaterPermit Compliance Inspection conducted on December 8, 2011. The facility was found to be in compliance with permit NCG020026. Enclosed is a copy of the Compliance Inspection Report, which contains additional observations and comments for your reference. Please contact me at(828)296-4653 or linda.wiggs(cr�,ncdenr.gov, if I can be of any further assistance. Sincerely, Linda Wiggs Environmental Specialist Surface Water Protection Enclosure cc: Central Files , 1 Asheville Files Vulcan Construction Materials-Tim Knopf PO Box 4239 Winston Salem NC 27115-4239 S:\SWP\Caldwell\Stormwater\NCG02 Mininffulcan-Lenoir\Dec 2011 inspection\CEI.LTR.dec2011.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One 4, t Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748Ol"Cll�ar 01111c`l Internet:www.ncwaterquality.org ��tll'1"q��lJ An Equal Opportunity\Affirmative Action Employer a �� /� �/r. Compliance Inspection Report Permit: NCG020026 Effective: 01/01/10 Expiration: 12/31/14 Owner: Vulcan Construction Materials LP SOC: Effective: Expiration: Facility: Vulcan Construction Materials-Lenoir Quarry County: Caldwell 2008 Wilkesboro Blvd SE Region: Asheville Lenoir NC 28645 Contact Person: John Pe6k Title: Phone: 828-754-5348 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): . On-Site Representative(s): Related Permits: Inspection Date: 1210812011 Entry Time: 01:30 PM Exit Time: 03:30 PM Primary Inspector: Linda S Wiggs Phone: 828-296-4500 Secondary Inspector(s): Ext.4653 Reason for Inspection: Follow-up 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: NCG020026 Owner-Facility: Vulcan Construction Materials LP Inspection Date: 12/08/2011 Inspection Type: Compliance Evaluation Reason for Visit: Follow-up Inspection Summary: Present during inspection were Tim Knopf,John Peck and Mark Curtis.This was a follow up inspection. Required action from 4/14/11 inspection had been completed. Location Map had been updated. SDO#5 had increased treatment units and retention time. Inspector performed onsite pH and Turbidity of SDO#5. pH was 7.2 s.u. and Turbidity was 37 NTU. TSS was analyzed for SDO#5 by Asheville lab with a result of 7.3 mg/I. SDO#5 is considered WW and to be sampled quarterly.The washing area and residual wash water from the plant can drain to.SDO#5. SD03#was previously noted as being a WW outfall but was re-evaluated and is a SW outfall to be sampled semi-annually.The portion of the plant that drains to SDO#3 is crushing not washing. The process wastewater basins (recycling)were undergoing maintenance (sediment removal)during inspection. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi,,annually,,?, ■ fl ❑ ❑ Comment: Explained evaluating "erosion at or immediately below outfall'. SDO#5 has some erosion at outfall. 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? ❑ ❑ ■ ❑ #Has the facility evaluated all illicit(non stormwater)discharges? ❑ ❑ ■ ❑ Comment: SD0#1 is a pond that receives mine dewatering and is considered a wastewater(WW)discharge outfall SDO#2 is overland flow and receives runoff from vehicle maintenance and is considered a stormwater(SW)outfall with vehicle maintenance requirements. SDO#3 was determined during this inspection to be,a SW discharge instead of previously thought WW. SDO#4 is an intermediate point and not a final discharge point so it is not necessary to sample this location. SD0#1 is the final discharge point for these associated flows. SDO#5 is overland flows from stock piles and plant area and is considered a WW discharge because of the residual wash waters. SDO#5 is also the drainage area for the Asphalt facility(Mid State). Vulcan and Mid State are leaning towards seperating their discharge. Vulcan is considering a berm or possibly a pipe to isolate their overland flows from Mid State flows. Also SDO#5 did have some erosion at the outfall that needed repair. Page: 2 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary January 5, 2012 Martin J. Lashua Carolina Water Service Inc of NC 5701 W Park Dr Ste 1 Charlotte NC 28210 SUBJECT: Compliance Evaluation Inspection Fairfield Sapphire Valley WWTP dp Permit No: NCO022985 Jackson County Dear Mr. Lashua: Enclosed please find a copy of the Compliance Evaluation Inspection Report from the inspection which Keith Haynes, Jean Conway and I conducted at the subject facility on December 8, 2011. The facility was found to be in Compliance with permit NC0022985. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff has any questions, please do not hesitate to call me at 828-296-4500. Sincerely, L9 Don Price; CET WWTP Consultant Enclosure cc: Edwin L McFalls, ORC Central Files Asheville Files S:\SWP\Jackson\Wastewater\Minors\CWS Fairfield Sapphire Subd 22985\CEI-1 2-8-11 letter.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One thCar011ria Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 /i Internet:www.ncwaterguality.ora naturally �\ ��i �_ i�J _, ` _ : __. United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yrlmo/day Inspection Type Inspector Fac Type 1 INI 2 151 31 NCO022985 111 121 11/12/08 1 17 181 C I 191 S I 20I 1 Remarks 211111 11111111 11111111 1111 11111111 1111111111111111 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 671 169 70I 1 71 11 721 N I 73 W 74 751 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) 09:55AM 11/12/08 09/01/01 Fairfield Sapphire Valley WWTP 4000 US Hwy 64 W Exit Time/Date Permit Expiration Date Sapphire NC 28774 10:40 AM 11/12/08 12/08/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Edwin L McFalls/ORC/828-743-2480/ Gary Mack Peacock/ORC/828-625-2970/ Name,Address of Responsible Official/Title/Phone and Fax Number Martin J.Lashua,5701 W Park Dr Ste 1 Charlotte NC 28210//704-525-7990/7045258174 Contacted No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement Operations&Maintenance 0 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 Don Price ` �✓� ARO WQ//828-296-4500/ Keith Haynesa4- ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont. 1 3I NCO022985 I11 12f 11/12/08 117 18I CI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Overall, the facility appeared to be adequately maintained and properly operated. It is recommended that grit accumulation in the aeration basins be checked as well as the diffusers as some appeared to not be providing adequate mixing. It is also recommended that influent samples be collected occasionally in order to determine loading on the plants. Also, please review your chain-of-custody procedure regarding how samples are collected and preserved. It is suggested that you discuss this matter with your contract lab. During the inpsection it was observed that an ammonia nitrogen sample was preserved with Nitric Acid (HNO3), sample preservation protocol requires preservation with Sulfuric Acid (H2SO4). Page# 2 Permit: NCO022985 Owner-Facility: Fairfield Sapphire Valley WWTP Inspection Date: 12/08/2011 Inspection Type: Compliance Evaluation Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 0 0 D ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge ■ ❑ n Q Judge,and other that are applicable? Comment: DO and pH daily, MLSS and settleability 3/week Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical Q Are the bars adequately screening debris? ❑ n 0 Is the screen free of excessive debris? ❑ n Is disposal of screening in compliance? ❑ Q n Is the unit in good condition? ❑ Q fl 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? 0 0 0 ❑ Are the diffusers operational? ❑ Q Q Is the foam the proper color for the treatment process? Q Q Does the foam cover less than 25%of the basin's surface? 0 ❑ Q Is the DO level acceptable? Q Q Q Is the DO level acceptable?(1.0 to 3.0 mg/1) El ❑ Q Comment: Diffusers should be checked to make sure all are in good condition. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ❑ 013 Is the site free of excessive buildup of solids in center well of circular clarifier? Q 0 Are weirs level? 00 00 Is the site free of weir blockage? N Q n Is the site free of evidence of short-circuiting? Q Page# 3 Permit: NCO022985 Owner-Facility: Fairfield Sapphire Valley WWTP Inspection Date: 12/08/2011 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is scum removal adequate? ■ ❑ n n Is the site free of excessive floating sludge? ■ n 0 0 Is the drive unit operational? ■ ❑ fl Is the return rate acceptable(low turbulence)? ❑ ❑ ❑ ■ Is the overflow clear of excessive solids/pin floc? ■ I] ❑ n Is the sludge blanket level acceptable?(Approximately'/of the sidewall depth) ■ 0 ❑ 0 Comment: 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? ■ I_l 0 0 #Are there any special conditions for the permit? ❑ ❑ ■ 0 Is access to the plant site restricted to the general public? ■ n ❑ Is the inspector granted access to all areas for inspection? ■ n n Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n ❑ n Are the receiving water free of foam other than trace amounts and other debris? ■ n n If effluent (diffuser pipes are required) are they operating properly? 0 El ■ n Comment: Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? ■ 0 n D Is flow meter calibrated annually? ■ 0 0 0 Is the flow meter operational? ■ I_l 0 0 (If units are separated)Does the chart recorder match the flow meter? n ❑ ■ Comment: Last calibration was 10/2011. Disinfection-Liquid Yes No NA NE Is there adequate reserve supply of disinfectant? ■ ❑ fl 0 (Sodium Hypochlorite)Is pump feed system operational? ■ n ❑ n Is bulk storage tank containment area adequate?(free of leaks/open drains) ❑ ❑ n ■ Is the level of chlorine residual acceptable? ■ I_l ❑ n Page# 4 Permit: NC0022985 Owner-Facility: Fairfield Sapphire Valley WWTP Inspection Date: 12/08/2011 Inspection Type: Compliance Evaluation Disinfection-Liquid Yes No NA NE Is the contact chamber free of growth,or sludge buildup? ■ n n n Is there chlorine residual prior to de-chlorination? ❑ ❑ n ■ Comment: De-chlorination Yes No NA NE Type of system? Liquid Is the feed ratio proportional to chlorine amount(1 to 1)? ■ Cl Cl n Is storage appropriate for cylinders? ❑ I1 ■ #Is de-chlorination substance stored away from chlorine containers? n 00 Comment: Are the tablets the proper size and type? n n ■ n Are tablet de-chlorinators operational? n CI ■ n Number of tubes in use? 0 Comment: Page# 5 �� \ /J, �..�, \`%. A=*A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 5,2012 Tim Knopf Vulcan Construction Materials LP PO Box 4239 Winston Salem NC 271154239 SUBJECT: NPDES Stormwater Permit Compliance Inspection Vulcan Construction Materials-Morganton Permit No: NCG020177 Burke County Dear Mr. Knopf. This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on December 8, 2011. The facility was found to be in compliance with permit NCG020177. Enclosed is a copy of the Compliance Inspection Report, which contains additional observations and comments for your reference. Please contact me at(828) 296-4653 or linda.wiggsgncdenngov, if I can be of any further assistance. Sincerely, Linda Wiggs Environmental Specialist Surface Water Protection Enclosure cc: Central Files Asheville Files SASWP\l3urke\Stormwater\NCG02 Mining\Vulcan NCG020177\CEI.ltr.2011.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-2964500\FAX:828-299-7043\Customer Service:1-877-623-6748 NorthCarolina Internet:www.ncwaterquality.org yr� An Equal Opportunity 1 Affirmative Action Employer �atzLNa" ,1� �: ��� �� _ _ . Compliance Inspection Report Permit: NCG020177 Effective: 01/01/10 Expiration: 12/31/14 Owner: Vulcan Construction Materials LP SOC: Effective: Expiration: Facility: Vulcan Construction Materials-Morganton County: Burke 200 Causby Quarry Rd Region: Asheville Morganton NC 28655 Contact Person: Tim Knopf Title: Phone: 336-767-4600 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 12/08/2011 Entry Time: 09:00 AM Exit Time: 12:20 PM Primary Inspector: Linda S Wiggs Phone: 828-296-4500 Ext.4653 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Mining Activities Stormwater Discharge COG Facility Status: ■ Compliant ❑ Not Compliant Question Areas: Storm Water (See attachment summary) Page: 1 Permit: NCG020177 Owner-Facility: Vulcan Construction Materials LP Inspection Date: 12/08/2011 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Toured quarry and outfalls with Tim Knopf,John Peck, and Ryan Haas. Went through some paperwork and reiterated importance of data transference and documentation. Cleared up some questions regarding these issues. Discussed sampling and no flow reporting. I will get back with them on consensus regarding gathering samples within the first 30 minutes vs not sampling at all if they cannot get sample in first 30 minutes. Vulcan will be requesting Representative Outfall Status(ROS)for Outfall#3 and#4 which during the inspection did not pose any concerns to receiving waters. Once ROS is granted Qualitative and erosion control inspections will continue for outfalls 3#and#4 areas to make sure rills/gullies don't form, etc.Analytical and Qualitative Monitoring are required at Outfalls#1 and#2 which suffice in representing this quarrys discharge to surface waters. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ 0 ❑ Comment: Informed them to keep an eye on sediment at outfalls, specifically outfall #2. Qualitative monitoring will continue for all outfalls. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ ❑ ❑ ❑ #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? 0000 Comment: SDO#2 was discussed with regard to no flow notation in 2010, as well as it being the outfall that will need to be maintained the most. This outfall could have a small potential to receive wastewater(WW), but did not appear to be during the inspection. The wash screenings goes through 2 basins to clean stone stockpiles without an apparent discharge. So, as long as they can maintain no discharge of the wash water then SDO#2 is to be analytically monitored as stormwater(SW). SD0#1 is to be analytically monitored as WW. 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? E ❑ ❑ I_l #If the facility has representative outfall status,is it properly documented by the Division? ❑ ❑ ■ ❑ #Has the facility evaluated all illicit(non stormwater)discharges? ■ ❑ ❑ ❑ Comment: SDO#2 needed some maintenance at the inlet of the discharge pipe. It also had minor sediment deposited at the outfall.The minor deposit at the outfall did not go beyond the outfall small area or impact receiving waters. This outfall will require continuous maintenance since the only treatment unit is a small rock dam. SDO#2 discharge flowed to a small trib through a nice wetland to the river. SD0#1 is a pond discharging to a tributary. No impacts to receiving waters were noted at SDO#1. Page: 2 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 5, 2012 Edwin E Morrow M-B Industries Inc PO Box 1118 Rosman NC 28772 SUBJECT: Compliance Evaluation Inspection M-B Industries WWTP Permit No: NC0000311 Transylvania County Dear Mr. Morrow: Enclosed please find a copy of the Compliance Evaluation Inspection Report from the inspection which Don Price, Jean Conway and I conducted on December 8, 2011. The facility was found to be in Compliance with permit NC0000311. - Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please do not hesitate to contact me at 828-296-4500. Sincerely, 4Keithayn s Environmental Sr. Specialist Enclosure cc: Wade Sanders, ORC Central Files Asheville Files WP\Transyvania\Wastewaterlindustrial\M-B Industries 003111 Ei-12-8-111etter.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE C Kfir- One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolina Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 �atura!!t� Internet:www.ncwatercivality.orq �,� l ��: \.�; ___ _ __. United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water 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 N I 2 15 I 31 NC0000311 111 121 11/12/08 117 18I C I 19I S 1 20I I Remarks J 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ---------------------------Reserved---------------------- 67 I 169 701 I 71 I I 721 N I 73 LJJ 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) 02:00 PM 11/12/08 10/10/01 M-B Industries WWTP US Hwy 64 W Exit Time/Date Permit Expiration Date Rosman NC 28772 03:00 PM 11/12/08 15/08/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Conrad Fitzgerald Stafford//828-862-4201/ Wade Sanders/ORC/828-862-4201/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Edwin E Morrow,PO Box 1118 Rosman NC 28772//828-862-42011 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance 0 Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)ofinspector(s) Agency/Office/Phone and Fax Numbers Date Don Price �t�Zc-'` ARO WQ1/828-296-4500/ 7/S/Lp Keith Haynes ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date C EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. l Page# 1 NPDES yr/mo/day Inspection Type 1 31 NCo000311 I11 12, 11/12/08 17 18Id Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The facility's three outfalls include discharges from the following: 001 - physical/chemical treatment 002- non-contact cooling water 003-groundwater remediation No problems were noted in the receiving stream Page# 2 Permit: NC0000311 Owner-Facility. M-B Industries WWTP Inspection Date: 12/08/2011 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 #Are there any special conditions for the permit? n 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 Cl ❑ Comment: Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ O O 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: pH is routinely monitored for process control. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ 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)? ■ 0 0 Are analytical results consistent with data reported on DMRs? n n ❑ ■ Is the chain-of-custody complete? n 0 ❑ ■ Dates,times and location of sampling n Name of individual performing the sampling n Results of analysis and calibration Dates of analysis n Name of person performing analyses n Transported COCs n 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 ■ 0 (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 n Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ Q Is a copy of the current NPDES permit available on site? 0013 Page# 3 Permit: NC0000311 Owner-Facility: M-B Industries WWTP Inspection Date: 12/08/2011 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Facility has copy of previous year's Annual Report on file for review? ❑ ■ Comment: Effluent Pipe Yes No .:NA NE Is right of way to the outfall properly maintained? ■ D n Q Are the receiving water free of foam other than trace amounts and other debris? ■ Q Cl 0 If effluent (diffuser pipes are required) are they operating properly? ■ 0 0 0 Comment: There are three outfalls at the site. No problems were noted. Page# 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakiid, RE, Dee Freeman Governor Director Secretary January 6, 2012 Mr. Michael P. Trew, P.E. Municipal Engineering Services Company P.O. Box 349 Boone, North Carolina 28607 Subject: Fast-Track Application Return Grassy Pond Shopping Center Sewer Project Town of Spruce Pine Mitchell County Dear Mr. Trew: Attached is the Fast-Track Application which you submitted for the subject project. The application is being returned for the following reason(s): 1) Section B 10. indicates 72 feet of 4-inch line is to be included in the project. However, 4-inch diameter pipe does not meet the 15A NCAC 02T .0305 Design Criteria rules for Sewer Extension projects. 2) Please clarify the flow requested for the subject project. • Section B.7. states the volume of flow to be allocated for this sewer extension is zero (0) gallons per day. • Section B.8. states that the sewer flow is zero (0) because it is sewer rehabilitation. • Section B.10. states a flow total of 4,150 gallons per day. • The enclosed FTSE form request includes a request for zero (0) flow To complete the review process, the project and application must meet the design criteria noted above and provide clear flow information. We look forward to receiving a corrected and complete application. Should you have questions or need additional information, please contact Don Price at 828-296-4656. Sincerely Chuck Cranford, Supervisor Surface Water Protection Section Division of Water Quality cc: Richard Canipe, Town Manager—Town of Spuuce Pine Sharon Hollifield, Owner Rock House Creek Properties, LLC SASWPUtcheIRCollection Systems\Spruce Pine Collection System\Application return grassy creek shopping center.doc North Carolina Division of Water Quality,Asheville Regional Office Location:2090 U.S.Hwy.70,Swannanoa,North Carolina 27107 One Phone:828-296-4500\FAX:828-299-7043 t Customer Service:1-877-623-6748 NOf'l1Caroi111a Internet:www.ncwaterquality.org Al¢td�sa lff An Equal Opportunity 1 Affirmative Action Employer LlZ bZj j AA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 9, 2012 Mr. Christopher A. Flythe, PE Mulkey Engineers and Consultants 6750 Tryon Road Cary, North Carolina 27518 Subject: Fast-Track Application Return NC Department of Health and Human Services New Broughton Hospital Burke County Dear Mr. Flythe: Attached is the Fast-Track Application which you submitted for the subject project. The application is being returned for the following reason(s): • Section A of the Fast-Track Application Instructions states"submit one original and one copy of the completed and appropriately executed application form." Our office received only -, one copy of your application. To complete the review process, the application must include all required items in accordance with the instructions. We look forward to receiving the complete application. Should you have questions or need additional information, please contact me at 828-296-4500. Sincerely, Chuck Cranford, Supervisor Surface Water Protection Section Division of Water Quality cc: Terry Hatcher, PE, Director, Division of Property and Construction Dan Danford, City of Morganton SASWP\Burke\Collection Systems\Morganton Collection System\RTN.01.09.12.Broughton.doc North Carolina Division of Water Quality,Asheville Regional Office Location:2090 U.S.Hwy.70.Swannanoa,North Carolina 27107 One Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 NorthCuollna Internet:www.ncwaterquality.org ;j y?ltuL 1`a lY An Equal Opportunity\Affirmative Action Employer l �/ /'�� 1 �� ��-� ,��' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION January 9, 2012 Keith Hoilman, Public Utilities Director Town of Newland PO Box 429 Newland, NC 28657 Subject: Permit No. WQ0035704 Town of Newland Linville Cove Apartments Wastewater Collection System Extension Avery County Dear Mr. Hoilman: In accordance with your application received December 21, 2011, we are forwarding herewith Permit No. WQ0035704, dated January 9, 2012, to the Town of Newland 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 therefore incorporated therein by reference. 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 .0300 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 .0300; 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. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S.70 Highway,Swannanoa, NC 28778 N0_rthCarolina Phone: 828-296-4500 FAX: 828-299-7043 atura!!r� Internet:www.ncwaterguality.org a TOWN OF NEWLAND January 9, 2012 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 Newland for the construction and operation of approximately 212 linear feet of 8-inch gravity sewer; to serve twelve 2-bedroom apartments and twenty 1-bedroom apartments as part of the Linville Cove Apartments project, and the discharge of 7,680 gallons per day of collected domestic wastewater into the Town of Newland's existing sewerage system, pursuant to the application received December 21, 2011 and in conformity with 15A NCAC 2T .0300; 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 Newland's Wastewater Treatment Facility (Permit No. NC0021857) 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 Wanda Frazier at (828) 296-4662. Sincerely, r' for, Charles Wakild, P. E., Director Division of Water Quality cc: Avery County Health Department Asheville Regional Office, Surface Water Protection —file: Town of Newland NCO021857 Kenny Marlow, P.E., Borum-Wade and Associates, PA— PO Box 21882; Greensboro, NC 27420-1882 Water Quality Central Files PERCS Files _� �/ �--�, i �_ mil ; NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT 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 2T .0300; 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 .0300. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0300: 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 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 §143-215.1C. 1 PERMIT NO.W00035704 TOWN OF NEWLAND LINVILLE COVE APARTMENTS AVERY CO 1 9 2012 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 panties 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 .0300; 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 .0300; 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 PERMIT NO.W00035704 TOWN OF NEWLAND LINVILLE COVE APARTMENTS AVERY CO 1-9-2012 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 II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. 12. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined, a slope variance can be requested from the Division with firm supporting documentation. This shall be done through a permit modification with fee. Such variance requests will be evaluated on a case by case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification. Permit issued this the 9th day of January, 2012 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for, Charles Wa 'd, P. E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0035704 3 A PERMIT NO.W00035704 TOWN OF NEWLAND LINVILLE COVE APARTMENTS AVERY CO 1-9-2012",, ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: construction and operation of approximately 212 linear feet of 8-inch gravity sewer; to serve twelve 2-bedroom apartments and twenty 1-bedroom apartments as part of the Linville Cove Apartments project, and the discharge of 7,680 gallons per day of collected domestic wastewater. 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 resultinq 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 .0300; 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 CHUCK CRANFORD SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US 70 HIGHWAY 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. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P.E. Beverly Eaves Perdue Director Dee Freeman Governor Secretary January 9, 2012 Mr. Richard Jennings III, Registered Agent Cow Rock Mountain, Inc. P.O. 1459 Cashiers,NC 28717 Mr. Peter A. Paul, Registered Agent Lonesome Valley Property Owners Association, Inc. P.O. Box 3049 Cashiers,NC 28717 SUBJECT: NOTICE OF VIOLATION Lonesome Valley (near Tansil new homesite) 401 Project# DWQ 2006-1944 DWQ Tracking Number: NOV-2012-PC-0008 Stream Standard Violation- Other Waste (In-stream sediment) 401 Water Quality Certification(WQC) Conditions Jackson County Response deadline: January 27,2012 Dear Messrs. Jennings and Paul: On December 6, 2012, Susan Wilson and Kevin Barnett, from the Asheville Regional Office of the Division of Water Quality (DWQ), along with Jean Conway, conducted a site inspection in Lonesome Valley, off Highway 64 in Jackson County. Stream standard violations, as well as 401 Permit Condition violations, were noted during the inspection and file review. Sediment impacts to Logan Creek and an unnamed tributary, a Class C-Trout stream in the Savannah River Basin,were documented. As a result of the site inspection and file review,the following violations were identified: VIOLATIONS 1. (3)f—an undetermined length of an unnamed tributary to Logan Creek was impacted by sediment deposition measured to be at least 8 inches in depth throughout the stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f). SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna Phone:828-296-45001 FAX:828-299-7043 �atut"�!!lJ Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Messrs.Jennings and Paul January 9,2012 Page 2 of 3 It also appeared that a delineated section of wetlands may have been impacted by sediment deposition. Some pockets of sediment were noted in Logan Creek as well. II. 401 WQC Condition Violations -The Water Quality Certification issued for the project impacts specifies that the activities must follow all conditions listed therein. The following condition violations were noted: 13. Culvert Installation. REQUIRED RESPONSE The DWQ requests that you respond by January 27,2011. Your response should be sent to the attention of Ms. Susan Wilson, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and should address the following items:' 1. Stream Standard- Other Waste (In-Stream`Sediment) a. Please provide a map of the project area. The map must include all streams and wetlands, detailing impacts both on- and off-site. b. Please submit a Sediment Removal Plan (Plan)to this office for review and approval. The Plan must address removal of accumulated sediment from all surface waters. You must secure an environmental consultant experienced in stream ' restoration to assist you with developing your Plan, and obtaining any necessary approvals. It is recommended that your consultant contact Ms. Wilson of the Asheville Regional Office for additional guidance during Plan development. The Plan should include: • A narrative explaining how sediment will be removed; including,techniques, manpower and tools to be used. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. • A diagram of the stream channel, referenced with photo documentation of sediment impacts before and after removal. • A narrative explaining how and where the removed sediment will be disposed and stabilized. • Please explain how turbidity standards will not be exceeded. c. Once the work is complete, a final report documenting the results of the sediment removal activities should be submitted to Ms. Wilson. gs and Paul -012 if 2. 401 Water Quality Certification Condition Violation—Condition 13 of DWQ#2006-1944 Condition 13 states"If any of the existing pipes are or become perched,the appropriate stream grade shall be re-established or, if the pipes installed in a perched manner,the pipes shall be removed and re-installed correctly". a. Several culverts were perched over 5 inches. Within 60 days of issuance of this Notice of Violation a visual survey of all installed culverts shall be performed. Any culverts that do not comply with Condition 13 shall include a site specific narrative as to how these culverts will be brought into compliance. You should contact Ms. Wilson to discuss this issue prior to taking any corrective action. Thank you for your attention to this matter. This office requires that the violations, as detailed above,be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Ms. Wilson at(828) 296-4500 or susan.a.wilsongncdner.gov .. Sincerely, Chuck Cranford,Regional Supervisor Surface Water Protection Asheville Regional Office cc: WBSCP Unit ARO File Copy Steve Beasley, Jackson County Planning Clement Riddle, Clearwater Environmental Consultants S:\SWP\Jackson\Complaints\Lonesome Valley-Tansil Site\NOV-2012-PC-00081onseome Valley near Tansil site.l 2012.doe i ���� ,,� � �� �'���, ,'`J NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Chuck Wakild, P. E. Dee Freeman Governor Director Secretary January 10, 2012 Mr. David Medling Carolina Water Service Inc. of NC P.O. Box 240908 Charlotte, North Carolina 28224-0908 Subject: NOTICE OF VIOLATION NOV-2012-DV-0002 Permit No. WQCSDO170 Carolina Water Service Inc. of NC Mount Carmel Acres Collection System Buncombe County Dear Mr. Medling A review has been conducted of Mount Carmel Acres Collection System's self reported Sanitary Sewer Overflows (SSO's) 5-Day Report submitted by Carolina Water Service Inc. of NC. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCSDO170 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type CSO/SS (Sewer Overflow) 12/20/2011 Sanitary Sewer Overflow Discharge NOV-2012-DV-0002 480 Gallons Total Without Valid Permit Incident# 201102574 (480 Gallons to Lee's Creek) Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations and respond in writing to this office within 10 days of receipt of this letter with detailed information on Mount Carmel's spill plan and the pump station operations and maintenance procedures. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollna Phone:828-296-45001 FAX:828-299-7043 yt // Internet: www.ncwaterquality.org ahma i y An Equal Opportunity 1 Affirmative Action Employer Mr. David Medling January 10, 2012 Page Two If you should have any questions, please do not hesitate to contact Asheville Regional Staff or Janet Cantwell at 828-296-4500. Sincerely, Chuck Cran ord,Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: DWQ Asheville Files DWQ Central Files PERCS Unit S:\SWP\Buncombe\Collection Systems\Carolina Water Service-Mt Carmel Acres\NOV-2012-DV-0002.doc .... 4 g NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary January 11, 2012 Mr. A. Lee Galloway Town of Waynesville P.O. Box 100 Waynesville, North Carolina 28786 Subject: NOTICE OF VIOLATION NOV-2012-DV-0003 Permit No. WQCS00039 Town of Waynesville Waynesville Collection System Haywood County Dear Mr. Galloway: A review has been conducted of Waynesville Collection System's self reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by the Town of Waynesville. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00039 and/or G.S. 143-215.1(a)(1). The violations that occurred are summarized below. Area Violation Date Description Violation Type CSO/SS (Sewer Overflow) 12/07/2011 Sanitary Sewer Overflow • Discharge NOV-2012-DV-0003 Gallons (Unknown)to Without Valid Permit Incident# 201102613 Richland Creek Incident# 201102614 Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations and respond in writing to this office within 10 days of receipt of this letter with detailed information on how the flow was determined. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna Phone:828-296-450M FAX:828-299-7043 y+ /C� Internet: www.ncwaterquality.org ��tui a[ An Equal Opportunity',Affirmative Action Employer Mr. A. Lee Galloway January 11, 2012 Page Two If you should have any questions, please do not hesitate to contact Asheville Regional Staff or Janet Cantwell at 828-296-4500. Sincerely, Chuck C nford, Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: DWQ Asheville Files DWQ Central Files Wentford Henson/ORC PERCS Unit S:3WP\Haywood;Collection Systems"Maynesville Collection System\NOV-2012-DV-0003.doc i AZ41 A WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary January 11, 2012 Mr. Sam Greenwood, Town Manager Town of Franklin P.O. Box 1479 Franklin, North Carolina 28744-1479 Subject: NOTICE OF VIOLATION NOV-2012-DV-0004 Permit No. WQCS00101 Town of Franklin Franklin Collection System Macon County Dear Mr. Greenwood: A review has been conducted of Franklin Collection System's self reported Sanitary Sewer Overflows (SSO's) 5-Day Report submitted by the Town of Franklin. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00101 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type CSO/SSO (Sewer Overflow) 12/27/2011 Sanitary Sewer Overflow Discharge NOV-2012-DV-0004 800 Gallons Total Without Valid Permit Incident# 201102594 800 Gallons to UT Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations and respond in writing to this office within 10 days of receipt of this letter with a detailed account of the Town of Franklin's SSO. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarollna Phone:828-296-450M FAX:828-299-7043 Internet: www.ncwaterquality.org Nahma!!rf An Equal Opportunity'%,AYrmative Action Employer Mr. Sam Greenwood January 11, 2012 Page Two If you should have any questions, please do not hesitate to contact Asheville Regional Staff or Janet Cantwell at 828-296-4500. Sincerely, Chuck ranford, Supe - or Surface Water Protection Section Asheville Regional Office Cc: DWQ Asheville Files DWQ Central Files PERCS Unit S\SVVPwacon Collection SysternsTranklin Collection System\NOV-2012-GV-0004.doc ALFWAA 1A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary January 12, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 8271 Mr. Radford L. Thomas, Director, Public Utilities City of Lenoir P.O. Box 958 Lenoir, North Carolina 28645-0958 Subject: NOTICE OF VIOLATION / NOTICE OF INTENT TO ENFORCE NOV-2012-DV-0015 Permit No. WQCS00035 City of Lenoir Lenoir Collection System Caldwell County Dear Mr. Thomas: A review has been conducted of Lenoir Collection System's self reported Sanitary Sewer Overflows (SSO's) 5-Day Report submitted by the City of Lenoir. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00035 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type CSO/SSO (Sewer Overflow) 12/12/2011 Sanitary Sewer Overflow Discharge NOV-2012-DV-0015 400 Gallons Total Without Valid Permit Incident# 201102621 400 Gallons UT Spainhour Creek; repeat location Remedial actions should be taken to correct this problem. The Division of Water Quality is considering pursuing enforcement action for this violation. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations and respond in writing to this office within 10 days of receipt of this letter. 1 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One NOrt�1Car01111a Phone:828-296-4500\FAX:828-299-70431 Customer Service:1-$77-623-0748 �atura!!� Internet: www.ncwaterquality.org An Equal Opportunity 1.Affirmative Action Employer Mr. Radford L. Thomas January 12, 2012 Page Two If you should have any questions, please do not hesitate to contact Asheville Regional Staff or Janet Cantwell at 828-296-4500. Sincerely,. Chuck Cranford, Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: DWQ Asheville Files DWQ Central Files PERCS Unit Richard D. Williams/ORC, Collection System 3:1SVVP\CaldwelllCallection SysteinslLeneir Collection System\NOV-NOI-2012-DV-0015.doc Ai 4", NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild; P.E. Dee Freeman Governor Director Secretary January 12, 2012 Stephen Douglas Taylor Baxter Healthcare Corporation PO Box 1390 Marion, NC 28752 SUBJECT: Bioassay Compliance Inspection Baxter Healthcare Corporation Permit No: NC0006564 McDowell County Dear Mr. Taylor: Enclosed please find a copy of the Bioassay Compliance Inspection conducted on November 1, 2011. Test Results for the above samples indicate that the effluent would not be predicted to have water quality impacts on the receiving water. These samples were split and sent to Environmental Testing Solutions, Inc. The chronic Ceriodaphnia dubia pass/fail toxicity test run by ETS resulted in a fail. Lance Ferrell with ATU will review the differing split test results. If it is determined that an additional split test is needed, then Baxter Healthcare will be contacted for scheduling. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Jeff Menzel Environmental Specialist Enclosure Cc: Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 One NorthCarolina Phone: (828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 Internet:www.ncwaterguality.org ;►aturall y S:\SWP\McDowell\Wastewater\Industrial\Baxter 06564\06564 BCI 2011.docx United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Complignm Insppcfinn 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 INI 2 15I 11 NC0006564 111 121 11/11/0, 117 18IBI 19I S I 201 I Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67 I 169 70131 711 I 72 I N I 73 I I )w 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) 10:00 AM 11111/01 10/03/01 Baxter Healthcare Corporation 65 Pitts Sta Rd Exit Time/Date Permit Expiration Date Marion NC 287527925 10:45 AM 11/11/01 15/01/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Stephen Douglas Taylor/ORC/828-765-4251/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Anita Jensen, /// No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Facility Site Review Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Sign�?,/ X attur (s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel,/ enzel, ARO WQ//828-296-4500/ Signature of Management Q A Revieweif Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 3I NC0006564 I11 t2I 11/11/01 117 18I BI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) == The aquatic toxicity test using 24-hour composite samples of effluent discharged from Baxter Healthcare has been completed. Baxter Healthcare has an effluent discharge permitted that is 1.2 million gallons per day entering the North Fork Catawba River. Whole effluent samples were collected on November 1 and November 3, 2011,for use in a chronic Ceriodaphnia dubia pass-fail toxicity test. The test using these samples resulted in a pass. Test Type 3-Brood Ceriodaphnia dubia chronic pass fail Test Concentrations 16% Test Result Pass Control Survival 100% Control Mean Reproduction 27.4 neonates Test Treatment Survival 100% Treatment Mean Reproduction 23.5 neonates First Sample pH 7.39 SU First Sample Conductivity 1305 micromhos.cm First Sample TRC <0.10 mg/L Second Sample pH 7.36 Second Sample Conductivity 1108 Second Sample TRC <0.10 mg/L Test Results for the above samples indicate that the effluent would not be predicted to have water quality impacts on receiving water. These samples were split and sent to Environmental Testing Solutions, Inc. The chronic Ceriodaphnia dubia pass/fail toxicity test run by ETS resulted in a fail. Lance Ferrell with ATU will review the differing split test results. If it is determined that an additional split test is needed, then Baxter ,— Healthcare will be contacted for scheduling. Page# 2 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 12, 2012 The Honorable Mel S. Cohen, Mayor City of Morganton P.O. Box 3448 Morganton, North Carolina 28655-9850 Subject: NOTICE OF VIOLATION NOV-2012-DV-0006 Permit No. WQCS00028 City of Morganton Morganton Collection System Burke County Dear Mayor Cohen: A review has been conducted of Morganton Collection System's self reported Sanitary Sewer Overflows (SSO's) 5-Day Report submitted by the City of Morganton. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00028 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type CSO/SSO (Sewer Overflow) 12/12/2011 Sanitary Sewer Overflow Discharge NOV-2012-DV-0006 2,500 Gallons Total Without Valid Permit Incident# 201102611 Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations and respond in writing to this office within 10 days of receipt of this letter with detailed information on the maintenance, cleaning and inspection of Burke County's collection system. Please also include what efforts are being made for the prevention of SSO's. \ SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NofthCarolina Phone:828-296-450M FAX:828-299-7043 // Internet: www.ncwaterquality.org naturally An Equal Opportunity'\..Affirmative Action Employer U Mayor Mel S. Cohen January 12, 2012 Page Two If you should have any questions, please do not hesitate to contact Asheville Regional Staff or Janet Cantwell at 828-296-4500. Sincerely, � f Chuck Cranford, Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: DWQ Asheville Files DWQ Central Files PERCS Unit Ronnie Suttles/Supervisor, Burke County Collections SASVVPBurke\Collec ion Systemmorganton Collection System'NOV-2012-DV-0006,doc `ti:J' fij- RMENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary January 12, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 8264 Mr. Chuck Summey Town of Forest City P.O. Box 728 Forest City, North Carolina 28043-0728 Subject: NOTICE OF VIOLATION / NOTICE OF INTENT TO ENFORCE NOV-2012-DV-0017 Permit No. WQCS00050 Town of Forest City Forest City Collection System Rutherford County Dear Mr. Summey A review has been conducted of Forest City Collection System's self reported Sanitary Sewer Overflows (SSO's) 5-Day Report submitted by the Town of Forest City. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00050 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type CSO/SSO (Sewer Overflow) 12/23/2011 Sanitary Sewer Overflow Discharge NOV-2012-DV-0017 13,500 Gallons Total Without Valid Permit Incident# 201102587 13,500 Gallons to Brackett Creek Remedial actions should be taken to correct this problem. The Division of Water Quality is considering pursuing enforcement action for this violation. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations and respond in writing to this office within 10 days of receipt of this letter with additional information regarding this SSO. NorthCarohna Location:2090 U.S.Highway70,Swannanoa,North Carolina 28778 Phone:828-296-45001 FAX:828-299-7043 A '/y+ // Internet: www.ncwaterquafity.org Adurally An Equal Opportunity'',.Affirmative Action Employer Mr. Chuck Summey January 12,2012 Page Two If you should have any questions, please do not hesitate to contact Asheville Regional Staff or Janet Cantwell at 828-296-4500. Sincerely, Chuck Cran ord, Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: DWQ Asheville Files DWQ Central Files PERCS Unit Jacob Hodge/Town of Forest City S:\S'Of P?Rutherford\Collection SystemsTorest City Collection System1NOV-NOI-2012-DV-001Tdoc A'4 gA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary January 12, 2012 Dr. Larry McCallum Buncombe County Schools 175 Bingham Rd Asheville NC 28806 SUBJECT: Bioassay Compliance Inspection North Buncombe High School Permit No: NCO061182 Buncombe County Dear Dr. McCallum: Enclosed please find a copy of the Bioassay Compliance Inspection conducted on December 15, 2011. Test results indicate that the effluent would be predicted to have water quality impacts on receiving water. These samples were split and sent to Environmental Testing Solutions, Inc. The chronic multi-concentration toxicity test run by - ETS also resulted in a fail. The facility was .found to be in noncompliance with permit NC0061182. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please calkIne at 828-296-4500. Sincerely, Jeff Menz I Environmental Specialist Enclosure cc: Belvin Hall, Buncombe County Schools Maintenance Supervisor Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIbNAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarollina Phone:(828)296-4500\FAX:828 299-7043 - 1 �gtu�,a[[/� Internet:www.ncwaterauality.org S:\SWP\Buncombe\Wastewater\Minors\North Bunc High Sch 61182\61182 BCI 2011.docx United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 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 15 I 31 NC0061182 111 121 11/12/15 117 181 B I 19I S I 20I I Remarks 2111111111111111111111 . 1111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------------------Reserved---------------------- 67I 169 70I 1 I 711 I 72I N I 73I ' 174 751 I I I I I Li 80 Section B: Facility Data L 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) 1 North Buncombe High School 0:00 AM 11/12/15 11/02/01 NCSR 1764 Exit Time/Date Permit Expiration Date Weaverville NC 28787 10:30 AM 11/12/15 15/12/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Richard Morgan Swilling/ORC/828-251-1900/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Larry McCallum,175 Bingham Rd Asheville NC 28806/1828-255-5921/8282555923 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) 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 Insp t r(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel / ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.} 1� 3I NC0061182 I11 12, 11/12/15 117 18I B Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) ` The aquatic toxicity test using grab samples of effluent discharged from North Buncombe High School has been completed. North Buncombe High School has an effluent discharge permitted that is 0.025 million gallons per day entering Stanfield Branch (7Q10 of 0.00 CFS). Whole effluent samples were collected on December 13 and December 15, 2011, for use in a chronic Ceriodaphnia dubia pass-fail toxicity test. The test using these samples resulted in a fail. Test Type 3-Brood Ceriodaphnia dubia chronic pass fail Test Concentrations 90% Test Result Fail Control Survival 100% Control Mean Reproduction 30.5 neonates Test Treatment Survival 75% Treatment Mean Reproduction 10.9 neonates First Sample pH 7.55 SU First Sample Conductivity 928 micromhos.cm First Sample TRC <0.10 mg/L Second Sample pH 7.46 Second Sample Conductivity 1049 Second Sample TRC <0.10 mg/L Test Results for the above samples indicate that the effluent would be predicted to have water quality impacts on receiving water. These samples were split and sent to Environmental Testing Solutions, Inc. The chronic Ceriodaphnia dubia multi-concentration toxicity test run by ETS resulted in a fail with a ChV that was less than the facility's 90% permit limit. r i Page# 2 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 12, 2012 The Honorable Mel S. Cohen, Mayor City of Morganton P.O. Box 3448 Morganton, North Carolina 28655-9850 Subject: NOTICE OF VIOLATION NOV-2012-DV-0005 Permit No. WQCS00028 City of Morganton Morganton Collection System Burke County Dear Mayor Cohen: A review has been conducted of Morganton Collection System's self reported Sanitary Sewer Overflows (SSO's) 5-Day Report submitted by the City of Morganton. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00028 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type CSO/SSO (Sewer Overflow) 12/11/2011 Sanitary Sewer Overflow Discharge NOV-2012-DV-0005 6,750 Gallons Total Without Valid Permit Incident# 201102516 6,750 Gallons to UT Catawba River Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations and respond in writing to this office within 10 days of receipt of this letter with detailed information on the maintenance, cleaning and inspection of Burke County's collection system. Please also include what efforts are being made for the prevention of SSO's. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCaroillna Phone:828-296-450 FAX:828-299-7043 /r Internet: www.ncwaterquality.org Qtura��� An Equal Opportunity 1 Affirmative Action Employer Mayor Mel S. Cohen January 12, 2012 Page Two \ If you should have any questions, please do not hesitate to contact Asheville Regional Staff or Janet Cantwell at 828-296-4500. Sincerely, Chuck Cr/nford, Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: DWQ Asheville Files DWQ Central Files PERCS Unit Ronnie Suttles/Supervisor, Burke County Collections SASWP\Burke;Collection Systernst€'l7organton Collection SysternNOV-2012-CV-0005.doc �' AkT4J_ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 13, 2012 Jeff Brookshire Transylvania County 500 Howell Rd Brevard NC 28712 SUBJECT: NPDES Stormwater Permit Compliance Inspection Transylvania County Landfill NOV-2011-PC-0089 Incident Closure Permit No: NCG120070 Transylvania County Dear Mr. Brookshire: The Division of Water Quality(DWQ)has received the response from Joyce Engineering, related to the Notice of Violation and Recommendation for Enforcement NOV-2011-PC-0089. DWQ has reviewed the information provided and conducted a follow-up site visit on December 19, 2011. The written response and the landfill's analytical results observed at the site have satisfactorily resolved the violations noted in the subject Notice of Violation and Recommendation for Enforcement. This letter in no way precludes this Office for taking action on this or any other violation. Violations are subject to civil penalty assessment of up to $25,000.00 per day for each violation. Enclosed is a copy of the Compliance Inspection Report,which contains important observations and comments for your reference. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\FAX:828-299-70431 NorthCarolina Internet:www.ncwaterquality.org -Vaturwzy An Equal Opportunity 1 Affirmative Action Employer Page Two Transylvania County Landfill January 13,2012 Please contact me at(828)296-4653 or linda.wiggsgncdenngov, if I can be of any further assistance. Sincerely, Linda Wiggs Environmental Specialist Surface Water Protection Enclosure cc: Central Files Asheville Files DWM-ARO DLR-ARO Transylvania County Mgr. DWM-Ervin Lane(e-copy) Joyce Engineering-Hannu(e-copy) S:\SWP\Transylvania\Stormwater\NCG12 Landfills\trans co Landfil➢\Dec 2011 Inspection\CELLtrCLO.Dec2011.doc Compliance Inspection Report Permit: NCG120070 Effective: 11/01/07 Expiration: 10/31/12 Owner: Transylvania County SOC: Effective: Expiration: Facility: Transylvania County Landfill County: Transylvania 500 Howell Rd Region: Asheville Brevard NC 28712 Contact Person: Jeff Brookshire Title: Phone: 828-884-6830 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 12/19/2011 Entry Time: 01:30 PM Exit Time: 03:10 PM Primary Inspector: Linda S Wiggs Phone: 828-296-4500 Secondary Inspector(s): Ext.4653 Reason for Inspection: Follow-up Inspection Type: Compliance Evaluation Permit Inspection Type: Landfill Stormwater Discharge COC Facility Status: ■ Compliant ❑ Not Compliant Question Areas: Storm Water (See attachment summary) Page: 1 A Permit: NCG120070 Owner-Facility: Transylvania County Inspection Date: 1 2/1 91201 1 Inspection Type: Compliance Evaluation Reason for Visit: Follow-up Inspection Summary: Present during inspection were Jeff Brookshire and Pete Stamey with Transylvania County Landfill as well as myself, Kevin Barnett and Jean Conway with Division of Water Quality(DWQ). The Transylvania County Landfill was under a Notice of Violation with DWQ during 2011 and was required to perform additional monitoring of their outfall#1 and the receiving stream above and below this outfall.The landfill also had to make improvements to the erosion control structures and conveyances. The landfill is located at the headwaters of Woodruff Branch. The headwater tributaries have historically been altered by instream basins. These tribs are also impacted by a road system. Finally the one tributary originates at the toe of an old cell. The best option for these impacts is maintenance management. The landfill management has installed a trap above the one tributary to assist in controlling the sediment load from the office/workshop area. The ditchlines/stormwater conveyances of the road system in this headwater tributary area have been improved. There is still some rock stabilization needed along this conveyance system that the management will address. It is important to note that this area will require high maintenance to avoid further stream impacts. The main goal of the road system and ditchline maintenance is to keep the sediment load to these basins to a minimal. If the basin load can be kept to a minimum and the basins establish wetland plants that could be beneficial as well. Inspection of this area weekly and following every 0.05 inch of rain is required and will be an essential management tool. When these inspections reveal repairs are needed,the repairs should take place within 24 hours or prior to the next rain event. Monthly analytical data submitted to DWQ from the landfill indicated the occasional elevated suspended solids, COD and bacteria levels in Woodruff Branch. The most feasible means at this point to avoid elevated parameters in Woodruff Branch is excellent maintenance as noted above. Facility can go back to semi-annual sampling. A study was performed by the DWQ Environmental Sciences Branch at the mouth of Woodruff Branch to evaluate this watersheds benthic community for impacts from the landfill. The results of this study indicate the lower reach of Woodruff Branch is not impacted by the landfill. �j The primary treatment basin still needs the berm created in it to avoid short circuiting the influent flows to the outfall structure. This berm will cause water to flow around it creating more treatment time. Facility is creating berm as materials come available. Another improvement made at the facility was rock stabilization at the inlet to the basin area which is located the toe of active cell. Again this will require constant maintenance and the same inspection and repair regime as noted above will be necessary in this area. Page: 2 Permit: NCG120070 Owner-Facility: Transylvania County Inspection Date: 12/19/2011 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? n n ■ n #Does the Plan include a General Location(LISGS)map? n n ■ n #Does the Plan include a"Narrative Description of Practices"? n In ■ n #Does the Plan include a detailed site map including outfall locations and drainage areas? n n ■ n #Does the Plan include a list of significant spills occurring during the past 3 years? n n ■ n #Has the facility evaluated feasible alternatives to current practices? n n ■ n #Does the facility provide all necessary secondary containment? n n ■ n #Does the Plan include a BMP summary? n n ■ #Does the Plan include a Spill Prevention and Response Plan(SPRP)? n n ■ n #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? n n ■ n #Does the facility provide and document Employee Training? ❑ n ■ n #Does the Plan include a list of Responsible Party(s)? n n ■ n #Is the Plan reviewed and updated annually? n n ■ lF� #Does the Plan include a Stormwater Facility Inspection Program? n n ■ n Has the Stormwater Pollution Prevention Plan been implemented? n n ■ n Comment: SP3 not required under NCG12. Erosion control measures approved by DLR per DWQ request were installed. See summary. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ n n n Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ ❑ ❑ ❑ #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? n n ■ n Comment: Facility has performed most of the monthly monitoring required by DWQ per NOV. Facility is allowed to go back to semi-annual sampling of outfalls. Permit and Outfalls Yes No NA NE #Is a copy of the Permit and the Certificate of Coverage available at the site? ■ n n n #Were all outfalls observed during the inspection? ■ n n n #If the facility has representative outfall status, is it properly documented by the Division? n n ■ n #Has the facility evaluated all illicit(non stormwater)discharges? ■ n ❑ n Page: 3 Permit: NCG120070 Owner-Facility: Transylvania County Inspection Date: 12/19/2011 Inspection Type: Compliance Evaluation Reason for Visit: Follow-up Comment: All outfalls and conveyances were observed. See summary �l i Page: 4 PIMA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P.E. Beverly Eaves Perdue Director Dee Freeman Governor Secretary January 13, 2012 Mr. Larry Scott, Manager 2223 Hankins Road Marion,NC 28752 Ms. Bernice Conley, Property Owner 144 Hawkins Road Marion,NC 28752 SUBJECT: Scotty's Mobile Village Deemed Permitted Wastewater Collection System WQCSD0357 McDowell County Dear Mr. Scott and Ms. Conley: On January 5, 2012, Susan Wilson and Kevin Barnett, from the Asheville Regional Office of the Division of Water Quality (DWQ), conducted a site inspection at Scotty's Mobile Village in McDowell County. The site inspection was prompted by complaint of raw sewage leaving the Mobile Village. At the time of inspection, Ms. Wilson and Mr. Barnett noted that repairs had been completed at an individual wastewater pump station for mobile home#223 within Scotty's Mobile Village. No raw sewage was apparent in the ditch line below the trailer(and no raw sewage was noted in the ditch to the unnamed tributary to the Catawba River). As a result of the site inspection and file review,the DWQ reminds you that under the Deemed Permitted Wastewater Collection System regulations, you are required to perform the following: 1. Effectively maintain and operate the system at all times to prevent discharge to land or surface waters, and to prevent any contravention of ground or surface water standards. 2. Develop and actively maintain a map of the sewer system. 3. Develop an operation and maintenance (O&M)plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory, and overflow response. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 7 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarolina Phone:828-296-450M FAX:828-299-7043 //� Internet: www,ncwaterquality.org ��turq�� An Equal Opportunity 1 Affirmative Action Employer Mr.Scott and Ms.Conley January 13,2012 Page 2 of 2 4. Inspect pump stations that are not connected to a telemetry system (i.e.,remote alarm system) every day(i.e., 365 days per year). 5. Inspect high-priority sewers (HPS —as defined in 15A NCAC 02T .0402)at least once every six-months and document. 6. Conduct a general observation of the entire sewer system at least once per year. 7. Report sewer overflows and bypasses to the Asheville Regional Office -DWQ, at(828) 296-4500, in accordance with 15A NCAC,02.13. .0506(a)(2). 8. Implement a grease control program, which shall include at least bi-annual (twice per year) distribution of grease education materials to users of the collection system by the permittee or its representative. Additionally, grease education materials shall be distributed more often than required above, if necessary to prevent grease-related sanitary sewer overflows (SSO). 9. Right-of-ways (ROW) and easements should be maintained in the full easement width for personnel and equipment accessibility. 10. Documentation should be kept for all items listed above for a minimum of three years with exception of the map, which shall be maintained for the life of the system. Thank you for your attention to this matter. The rules applicable to the sewer collection system are enclosed with this letter and highlighted. The ARO-DWQ will conduct an inspection at your site in the near future. Please be aware that if these items have not been completed, or are deficient, you may be 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 me or Jeff Menzel at(828) 296-4500 [ susan.a.wilson(cr�,ncdenr.gov,, jeff.m6nzel@ncdenr.gov]. Sincerely, Susan A. Wilson, Environmental Engineer Surface Water Protection Asheville Regional Office Enc: Permitting by Regulation, 15A NCAC 02T .0403 cc: ARO File Copy McDowell County Health Department, Steve Grindstaff S:\SWP\McDowell\Collection Systems\Scotty's Mobile Vill age\INSP.WQCSD03 57.Scottys 1 2012.doc "iiA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary January 13, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 8288 Mr. Joseph M. Moore, II, E P City of Brevard 95 West Main Street Brevard, North Carolina 28712 Subject: NOTICE OF VIOLATION / NOTICE OF INTENT TO ENFORCE NOV-2012-DV-0019 Permit No. WQCS00084 City of Brevard Brevard Collection System Transylvania County Dear Mr. Moore: A review has been conducted of Brevard Collection System's self reported Sanitary Sewer Overflows (SSO's) 5-Day Report submitted by the City of Brevard. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00084 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type CSO/SSO (Sewer Overflow) 12/22/2011 Sanitary Sewer Overflow Discharge NOV-2012-DV-0019 107,796 Gallons Total Without Valid Permit Incident# 201102616 (95,296 Gallons to Singing Branch) Remedial actions should be taken to correct this problem. The Division of Water Quality is considering pursuing enforcement action for this violation. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations and respond in writing to this office within 10 days of receipt of this letter. �, One t,, Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollna Phone:828-2964500V FAX:828-299-70431 Customer Service:1-877-623-6748 � Internet: www.ncwaterquality.org ,.in Equal Opportunity 1 Affirmative Action Employer at�ra[L f' Mr. Joseph M. Moore, II, EP January 13, 2012 Page Two If you should have any questions, please do not hesitate to contact Asheville Regional Staff or Janet Cantwell at 828-296-4500. Sincerely, Chuck Cranford, Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: DWQ Asheville Files DWQ Central Files PERCS Unit David Lutz/Public Services Director S:1SWP1Transylvania,Collection Systerns\Brevard Collection SystemlNOV-NOl-2012-DV-0019.doc A' CDE R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 13, 2012 Mr. Tony Konsul, Regional Manager Transylvania Utilities Inc. P.O. Box 240908 Charlotte, North Carolina 28224-0908 Subject: NOTICE OF VIOLATION NOV-2012-DV-0018 Permit No. WQCS00219 Transylvania Utilities Inc. Connestee Falls Collection System Transylvania County Dear Mr. Konsul: A review has been conducted of Connestee Falls Collection System's self reported Sanitary Sewer Overflows (SSO's) 5-Day Report submitted by Transylvania Utilities Inc. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00219 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type CSO/SSO (Sewer Overflow) 12/05/2011 Sanitary Sewer Overflow Discharge NOV-2012-DV-0018 80 Gallons Total Without Valid Permit Incident# 201102501 (80 Gallons to Lake Wanteska) Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations and respond in writing to this office within 10 days of receipt of this letter. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE one 1. 1 — Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna Phone:: www.ncwaterquality.org ate FAX:828-299 7043 �atura�C� Internet: www.ncwaterquality.org L An Equal Opportunity'�..AffirmativeAction Employer Mr. Tony Konsul January 13, 2012 Page Two If you should have any questions, please do not hesitate to contact Asheville , Regional Staff or Janet Cantwell at 828-296-4500. Sincerely, r` Chuck Cranford, Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: DWQ Asheville Files DWQ Central Files PERCS Unit , David Medling/ORC/Connestee Falls S:ySWP\TransylvaniaCoElection Systemsy,Transylvama Utilities,NOV-2012-DV-Ot18,doc RC-6ENR: North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 13, 2012 Mr. Bill Beason 162 Tanner Drive Lake Lure,NC 28746 Subject: 401 Water Quality Certification -Approval Bill Beason Property DWQ Project# 11-1098 Rutherford County BRDO1 /Broad River(Lake Lure)/ 9-(17) /B; Tr Dear Mr. Beason: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact approximately 0.01 acres of open waters "�appx. 165 linear feet) for the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USAGE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control. 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 Appx. 0.01 (acres) Application (30 inch x 165 ft, rip-rap) Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-45001 FAX:828-299-7043 One Internet:www.ncwaterquality.org NoI4`�C�y�1�/jC�fcly�t1:olll'Nl`i� An Equal Ooportunity\..Affirmative Action Emolover Vats "ally! Mr.Beason January 13,2012 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an ad judicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Susan A.Wilson in the Asheville Regional Office at(828) 296-4665. Sincerely, ; 1 T'0k Charles Wakild,P.E., Director CWlsaw Enc: GC3693 Certificate of Completion cc: USACE Asheville Regulatory Field Office 401 Permitting Unit—Central Office ARO File Copy Lake Lure Erosion Control, Clint Calhoun S:\SWP\Rutherford\401s\Non-DOT\Beason-Lake Lure\APRVL.Beason Prop.I 2012.doc �J' & FAI J�� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 13, 2012 Mr. Gary A. Williams The Wilds Christian Association Inc. 1000 Wilds Ridge Road Brevard, North Carolina 28712-7273 Subject: NOTICE OF VIOLATION NOV-2012-LV-0028 Permit No. NCO024376 The Wilds Christian Camp WWTP Transylvania County Dear Mr. Williams: A review of The Wilds Christian Camp's WWTP monitoring report for June 2011 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 06/28/2011 400#/100ml 600#/100ml Daily Maximum Broth,44.5C Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4600. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files S_1SWPlTransylvania\Wastewater\Minors\The Wilds 243761N0t/-2012-I-V-0028.d0c Nor[hCarolina Natzmally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterauality.org FAX (828)299-7043 �� ��� i`� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 13, 2012 Grandfather Golf and Country Club Zach Platek 2120 HWY 105 Linville NC 28646 Glen Walker 323 25'Ave N.W. Hickory NC 28601 Subject: 401 Water Quality Certification -Approval Linville River Bank Stabilization-Grandfather CC DWQ Project# I 1-1037 Avery County CTB/Linville River/ 11-29-(1)/C Tr Dear Messrs. Walker and Platek: fhe Division of Water Quality (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 or otherwise impact 425 feet of streams and 0.065 acres of open waters for the purpose of streambank stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3689 and 3687. These Certifications allow you to use Nationwide Permit 13 and 19 respectively when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control 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. Location:2090 Us,Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-450M FAX:828-299-70431 NOrtI1Cc�101111a Internet:www.newaterquality.org An Equal Opportunity 1 Affirmative Action Employer ;Vaturallry Grandfather Country Club January 13,2012 Page 2 of 2 Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Stream 200 (feet) S 1 Streambank Wall Stream 175 (feet) S 2 Two Vanes Stream 50 (feet) S 3 Silt Removal@Lake Confluence Waters 0.065 (acres) 01 Silt Removal @Lake Confluence Additional Conditions 1. Post-project monitoring - Submit as-built.plans'to' DWQ, Asheville Regional Office along with reference photos within 60 days of completion. Cross sectional measurements of the rock vanes and wall shall be conducted at the end of years one (1),three (3) and five (5) after project completion. Results shall be reported, along with photo documentation,to DWQ Asheville Regional Office. If the monitoring results indicate that structural modifications or repairs are needed, approval shall be sought from the DWQ prior to implementation. Vegetation assessments shall also be made and reported in accordance with this monitoring schedule. 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 828-296-4500. Sincere y - Charles Wakild, P.E., Director CW/1sw Enc: GC3689 and 3687 Certificate of Completion cc: USACE Asheville Regulatory Field Office 401 Permitting Unit—Central Office File Copy S:\SWP\Avery\401s\Non-DOT\Linville Rvr Bank Stabilization GCC\Approval.GrandfatherCC.Jan 2012.doc y7i AMENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 13, 2012 Transylvania County TIP B-4989 DWQ Project 20110667V.2 NCSR 1326 (Macedonia Church Road) Approval of 401 Water Quality Certification with Additional Conditions-MODIFICATION Dr. Gregory J.Thorpe,Ph.D. Environmental Management Director Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh,North Carolina, 27699-1598 Dear Dr. Thorpe: You have our approval, in accordance with the conditions listed below, for the following impacts in Lamance Creek for the purpose of replacing Bridge No. 148 with a 53-foot long, 12-foot by 6-foot, with 8-foot sills for fish passage, reinforced concrete box culvert on NCSR 1326(Macedonia Church Road)in Transylvania County: Stream Impacts in the French Broad River Basin Site Permanent Fill Bank Permanent Temporary Total Stream in Intermittent Stabilization Fill in Impacts in Stream Impacts Stream(linear in Perennial Perennial Perennial Impact Requiring ft) Stream Stream Stream (linear ft) Mitigation (linear ft) (linear ft) (linear ft) (linear ft) Original Approved 0 17 33 55 105 0 Impacts at Site 1 New Impacts at 0 20 53 55 128 0 Site 1 Total 0 1 20 53 55 128 1 0 Total Permanent Stream Impacts for Project: 73 lin. ft.Total Temporary Stream Impacts for Project: 55 linear ft. Wetland Impacts in the French Broad River Basin(riverine) Site Fill Fill Excavation Mechanized Hand Area under Total Wetland (ac) (temporary) (ac) Clearing Clearing Bridge Impact(ac) (ac) (ac) (ac) (ac) Site 1 <0.01 0 0 <0.01 0 0 <0.01 Total <0.01 0 0 <0.01 0 0 <0.01 Total Wetland Impact for Project: <0.01 acres. SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE Location:2090 U.S,Highway 70,Swannanoa,North Carolina 28778 T�TOne Phone:828-296-45001 FAX:828-299-7043 1�orthCa1 ohna Internet: www.ncwaterquai rg An Equal Opportunity 1 Affirmattiveve Action Employer KL `6 Dr. Gregory Thorpe,Ph.D. January 13, 2012 Page Two The project should be constructed in accordance with your application dated June 30, 2011 (received July 14, 2011) and modified application dated November 8, 2011 (received January 12, 2012), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3820, corresponding to the U.S. Army Corps of Engineers Regional General Permit Numbers 31. 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. Condition(s)of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction---\ activities. �. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. The permittee shall use /Design Standards in Sensitive Watersheds/ [15A NCAC 413.0124 (a)-(e)] in areas draining to trout waters. However, due to the size of the project, NCDOT shall not be required to meet 15A NCAC 4B .0124(a) regarding the maximum amount of uncovered area. Temporary cover (wheat, millet, or similar annual grain) or permanent herbaceous cover shall be planted on all bare soil within 15 business days of ground disturbing activities to provide erosion control. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the area is contained .Gregory Thorpe,Ph.D. January 13, 2012 Page Three by perimeter erosion control devices such as silt fence, temporary sediment ditches, basins, etc. Matting should be secured in place with staples, stakes, or wherever possible, live stakes of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge and entrap small animals. For the establishment of temporary groundcover within riparian areas,hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer-and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood cellulose mulch into surface waters is prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. 5. For projects impacting waters classified by the NC Environmental Management Commission as Trout Jr), High Quality Waters (HQW), or Water Supply I or II (WSI, WSII) stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pretreating storm water runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. 6. NCDOT will need to adhere to all appropriate in-water work moratoria prescribed by the NC Wildlife Resources Commission. 7. NCDOT is providing off-site mitigation of 53 linear feet through the North Carolina Ecosystem Enhancement Program by letter dated December 20,2011. 8. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 9. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 10. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 11. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 12. 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. 13. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 14. 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. 15. 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. Dr. Gregory Thorpe,Ph.D. January 13, 2012 Page Four l U 16. 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. 17. 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. 18. 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. 19. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 21. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 22. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 23. 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. 24. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 25. 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. 26. The outside buffer,wetland or water boundary located within the construction corridor approved by this authorizatio 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. 27. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 28. 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. 29. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 30. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. Gregory Thorpe, Ph.D. January 13, 2012 Page Five 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, JK Charles Waklid, P.E., Director Division of Water Quality cc: Lori Beckwith,USACE,Asheville Field Office Mark Davis, Division 14,DEO Ed Ingle,Roadside Environmental Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 20110667V.2(Thorpe)B4989 NCSR 1326(Macedonia Church Road) \� \� �`\./� l�_ -].r/ ``��✓ A LT-WA " 4",a NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary. January 17, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED Alan Schommer Carolina Ventures,LLC. 20 Resort Boulevard Lake Toxaway,North Carolina 28747 Alan Schommer 7010 1870 0003 0874 8295 1460 56 h Square West Vero Beach,FL 32966-2396 SUBJECT: NOTICE OF Continuing VIOLATION and RECOMMENDATION FOR ENFORCEMENT Carolina Ventures(formerly Red Barn) Project#2011-0558 NOV-2011-PC-0633 Transylvania County Response deadline: January 31,2012 Dear Mr. Schommer: On January 12,2012,Kevin Barnett from the Asheville Regional Office of the Division of Water Quality (DWQ), along with Gray Hauser,Laura Herbert and Jeff Wait of the Division of Land Resources(DLR) conducted a site inspection for Carolina Ventures(formerly Red Barn)along Highway 64 in Transylvania County. Your contractor was on-site at the time of this inspection. During the inspection it was noted that, pockets of sediments remain in the channel after the previous stream cleanout,there had been breaches of the installed silt fence, and the upper end of the installed culvert remains in a perched condition. You must submit to the attention of Kevin Barnett at the letterhead address,the following: a. Please provide a map of the project area. The map must include all streams and wetlands, detailing impacts both on-and off-site. b. Please submit a Sediment Removal Plan to this office for review and approval. The Plan must address removal of accumulated sediment from all surface waters. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with developing your Plan, and obtaining any necessary approvals. It is SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-296-45001 FAX:828-299-7043 // Internet: www,ncwaterquality.org aturallY An Equal Opportunity',Affirmative Action Employer Alan Schommer January 17,2011 Page.2 of 2 recommended that your consultant contact Kevin Barnett of the Asheville Regional Office for additional guidance during Plan development. The Plan should include: J • A narrative explaining how sediment will be removed; including,techniques, equipment,manpower and tools to be used. • 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 before and after removal. • A narrative explaining how and where the removed sediment will be disposed and stabilized. • Please explain how turbidity standards will not be exceeded. c. Once the work is complete, a final report documenting the results of the sediment removal activities should be submitted to Kevin Barnett. d. Please provide a plan for bringing the culvert installation into compliance with Water Quality Certification 3821, Condition 13 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. Should you have any questions regarding these matters,please contact Kevin Barnett at(828)296-4657. Sincerely, Chuck Cranford,Regional Supervisor Surface Water Protection Asheville Regional Office cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy Division of Land Resources Terry Allen, T. E.Allen Engineering Transylvania County Planning S:\SWP\Transylvania\401s\Non-DOT\CarolinaVenturesLLC-Formerly DankyDevelopements\NOcV.Schommer.01-17-2012.doc AJ .w�N.� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 17, 2012 Mack Edmisten, Director of Public Utilities City of Lenoir P.O. Box 958 Lenoir, N.C. 28645 Subject: Permit No. WQ0035724 City of Lenoir Stonecroft Phase III Sewer Extension Wastewater Collection System Extension Caldwell County Dear Mr. Edmisten: In accordance with your application received December 5, 2011, and additional information received December 23, 2011, we are forwarding herewith Permit No. WQ0035724, dated January 17, 2012, to the City of Lenoir 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 Don Price 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 An Equal Opportunity Action Employer 50%recycled/10%post-consumer pape(I�� City of Lenoir January 17, 2012 Page"&' 1, In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the City of Lenoir for the construction and operation of approximately 960 linear feet of fl- inch gravity sewer to serve 11 3-bedroom residences(lots) as part of the Stonecroft Phase III project, and the discharge of 3,960 gallons per day of collected domestic wastewater into the City of Lenoir's existing sewerage system, pursuant to the application received December 5, 2011 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 Lenoir's Lower Creek Wastewater Treatment Facility (Permit No. NC0023981) 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. 4500. If you need additional information concerning this matter, please contact Don Price at (828) 296- Sincerely, �ell for CharlesWakild,P.E., Director Division of Water Quality cc: Caldwell County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0023981) G. Cecil Clark, P.E./ Clark & Associates, Inc. Surface Water Protection Section Central Files PERCS Files SASWRCaldwel[Kollection SvstemslLenoir Collection SVStem\WQ0035724 Stonecroft Phase 11101 17 2012 doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT 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 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 WQ0035724 City of Lenoir Stonecroft Phase 111 Caldwell County January 17, 201c. 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 qualitv staff member at the Asheville Regional `, J 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 PERMIT NO WQ0035724 City of Lenoir Stonecroft Phase 111 Caldwell County January 17 2012 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 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 17th DAY OF JANUARY, 2012 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Charles W kId, P.E., Director Division of Water Quality F By Authority of the Environmental Management Commission Permit Number WQ0035724 3 PERMIT NO W00035724 City of Lenoir Stonecroft Phase III Caldwell County January 17 2012� ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: permission is hereby granted to the City of Lenoir for the construction and operation of approximately 960 linear feet of 8-inch gravity sewer to serve 11 3-bedroom residences(lots) as part of the Stonecroft Phase III project, and the discharge of 3,960 gallons per day of collected domestic wastewater into the City of Lenoir's existing sewerage system 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. ENGINEERS CERTIFICATION ❑ Partial ❑ Final l 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 CHUCK CRANFORD SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ................................................................................................I 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. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 17, 2011 Mr. James L. Lytle 40 Littleton Heights Drive Fairview,North Carolina 28730 SUBJECT: Follow Up to Notice of Violation Response Lytle Property Buncombe County Response deadline: January 30,2012 Dear Mr. Lytle: Your response has been reviewed by this office. Also, a follow up site visit has been performed to evaluate the statements contained in your response. Further clarification/information are needed in this matter. With respect to permitting, no written authorization is required for a strict replacement in the footprint of the previous installation. That being the case, you are required to comply with the conditions in the 401 Water Quality Certification(WQC# 3687,please find attached) for structure maintenance. The lower crossing appears to have been lengthened by 20 linear feet and the upper 10 foot culvert has been replaced with a 20 foot culvert. A discussion as to why the extensions were needed should be submitted as part of your response. There remains an issue with the additional channel excavation above the upper culvert, which remains unstable and continues to contribute sediment downstream. If the additional lengths of culvert were not to be used in this location, a discussion as to how the stream will be restored to a stable pattern, dimension and profile must be submitted to this office for review. Should you desire to install the additional lengths of culvert, a Pre-Construction Notification(please find attached) must be submitted to the US Army Corps of Engineers,the NC Wildlife Resources Commission, and to the Division of Water Quality, along with processing fee, for review. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE one Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna Phone:828-296-45001 FAX:828-299-7043 Internet: vvww.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Awtura"//'y James L.Lytle January 17,2011 \ Page 2 of 2 Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding ; these issues and any future/continued violations that may be encountered. Your response to this correspondence will be considered in this process. Should you have any questions regarding these matters,please contact Kevin Barnett at(828) 296-4657. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Asheville Regional Office cc: NPS Assistance and Compliance Oversight Unit ARO File Copy Buncombe County Planning S:\SWP\Buncombe\Complaints\Lytle-FlatCreek\JamesLytle.436FlatCreekRd\Lytle.FollowuptoNOVresponse.01-16-2012.doc \ Jj NCDiENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 18, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 8318 Mr. Chris Braund, Town Manager Town of Lake Lure PO Box 255 Lake Lure,NC 28746 Subject: Settlement Agreement Request Lake Lure WWTP NPDES NCO025381 Rutherford County Response Deadline: February 6, 2012 Dear Mr. Braund: The Division of Water Quality(Division)received information from the Town of Lake Lure in September 2011 requesting permission to enter into a Settlement Agreement to address ongoing permit limit violations of NPDES NCO025381 for ammonia-nitrogen and total suspended solids that are occurring at the Lake Lure WWTP. More than three (3)months have passed since the Town of Lake Lure approached the Division with the Settlement Agreement request and no follow-up has been received to date. NPDES permit NCO025381 part 2; section B. number 2; Duty to Mitigate states "The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment[40 CFR 122.41 (d)7." The Town of Lake Lure is in violation of this section in addition to the aforementioned limits violations. The Division is considering assessing additional civil penalties against the Town of Lake Lure for the above described violations and permit conditions, which may include assessments of up to $25,000.00 per day for each violation. North Carolina Division of Water Quality,Asheville Regional Office Location:2090 U.S.Hwy.70,Swannanoa,North Carolina 27107 One Phone:828-296-45001 FAX:828-299-7043 No thCarolina Internet:www.ncwaterquality.org An Equal Opportunity%Affirmative Action Employer jJV fLt l Town of Lake Lure January 18,2012 Page 2 of 2 The Town of Lake Lure is being offered the opportunity to provide any additional information regarding these violations and permit conditions and to provide an outline of any proposed Settlement Agreement. Your response must be received by the February 6, 2012 to avoid immediate, additional enforcement actions. We look forward to working with you to resolve these important issues. Should you wish to discuss this matter,please contact me at(828) 296-4650. Sincerely, 17 Chuck Cr ord, Supervisor Surface Water Protection Section Asheville Regional Office cc: Brown Consultants Point Source Branch File copy Afj'�A' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 18, 2012 Stephen C. Abelman 400 Bay Laurel Court St. Petersburg, Florida 33703 Subject: 401 Water Quality Certification -Approval Ableman Shoreline Stabilization DWQ Project 9 2011-1128 Transylvania County SAV 02/Toxaway River/4-(1)/Class B; Tr Dear Mr. Abelman: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 0.0149 acres of open waters for the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3689. This Certification allows you to use Nationwide Permit 13 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control 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 0.0149 (acres) Application Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One 828-296-45001 FAX:828-299-7043 Nol't�lalOhlld Internet:.vww.ncwaterqual4.org An Equal Opportunity 1 Affirmative Action Employer Abelman Stablization January 18,2012 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an ad judicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at 828-296-4657. Sincerely, Charles akild, P.E., Director CWlkhb Enc: GC3689 Certificate of Completion cc: USACE Asheville Regulatory Field Office 401 Permitting Unit—Central Office File Copy S:\S WP\Transylvania\401 s\Non-DOT\Abelman.Toxaway\Abelman.20111128.01-18-2012.doe WNW North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 23,2012 Henderson County TIP R-5207B DWQ Project 20111101 NCSR 1006(Howard Gap Road) Approval of 401 Water Quality Certification with Additional Conditions Mr.J. B. Setzer, P.E. Division 14 Engineer North Carolina Department of Transportation 253 Webster Road Sylva,North Carolina, 28779 Dear Mr. Setzer: You have our approval, in accordance with the conditions listed below, for the following impacts in five(5)unnamed tributaries to Byers Creek,Byers Creek,two(2)unnamed tributaries to Cushion Branch and Cushion Branch for the purpose of widening and making improvements to NCSR 1006(Howard Gap Road)in Henderson County: Stream Impacts in the French Broad River Basin Site Permanent Fill Stream Permanent Temporary Total Stream in Intermittent Channel Fill in Impacts in Stream Impacts Stream (linear Relocation Perennial Perennial Impact Requiring ft) (linear ft) Stream Stream (linear ft) Mitigation (linear ft) (linear ft) linear ft) Site 1 0 0 16 10 26 0 Site lA 0 62 0 0 62 54 Site 2 0 0 40 25 65 0 Site 3 0 0 0 40 40 0 Site 4 0 0 51 5 56 0 Site 5 105 0 0 5 110 0 Site 6 0 0 160 10 170 160 Site 7 0 0 35 10 45 0 Site 7A 0 100 0 0 100 95 Site 8 0 0 41 10 51 0 Site 9 0 0 65 200 265 0 Total 105 162 408 315 990 309 Total Permanent Stream Impacts for Project: 513 lin. ft. Total Temporary Stream Impacts for Project: 315 linear ft. Total Stream Relocation for Project: 162 linear feet. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE brie Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-296-450M FAX:828-299-7043 Internet: www.ncwaterquality,orgAction AWur+a//y An Equal Opportunity 1 Affirmative Action Employer K " Mr. J. B. Setzer,P.E. January 23,2012 Page Two j Wetland Impacts in the French Broad River Basin riverine Site Fill Fill Excavation Mechanized Hand Area under Total Wetland (ac) (temporary) (ac) Clearing Clearing Bridge Impact(ac) (ac) (ac) (ac) (ac) Site 2 <0.01 0 0 0 0 0 <0.01 Site 5 0.02 0 0 <0.01 0 0 <0.03 Site 6 0.01 0 0 <0.01 0 0 <0.02 Site 8 1 <0.01 0 0 0 0 0 <0.01 Total 1 <0.04 0 0 <0.01 0 0 <0.05 Total Wetland Impact for Project: <0.05 acres. The project should be constructed in accordance with your application dated December 16, 2011 (received December 22, 2011), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3820, corresponding to the U.S. Army Corps of Engineers Regional General Permit Numbers 14. In addition,you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non- Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should__ our project change,you must notify the DW and submit a new application. If the roe is sold the new owner musj Y P j g ,Y fY Q pP property rtY be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. It— 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 he valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. Mr. J. B. Setzer, P.E. January 23, 2012 Page Three b. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. c. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High Quality Waters (HQW), or Water Supply I or II (WSI, WSII) stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pretreating storm water runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. S. NCDOT will need to adhere to all appropriate in-water work moratoria prescribed by the NC Wildlife Resources Commission. 6. Impacts associated with the utility line construction at Site No. 9 are included in the impacts for the culvert construction at Site No. 9. 7. NCDOT is providing off-site mitigation of 675 linear feet of streams and 0.03 acres of wetlands through the North Carolina Ecosystem Enhancement Program by letter dated December 15, 2011. 8. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 9. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 10. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 11. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 12. 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. 13. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 14. 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. 15. 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. 16. 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. Mr. J. B. Setzer,P.E. January 20,2012 Page Four 17. 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. 18. 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. 19. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 21. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 22. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 23. 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. 24. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 25. 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. 26. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorizatior- shall be clearly marked by highly visible fencing prior to any !and disturbing activities.- Impacts to areas within thi:,,--) fencing are prohibited unless otherwise authorized by this certification. 27. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d)of the Clean Water Act) and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 28. 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. 29. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 30. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. Mr. J. B. Setzer,P.E. January 23, 2012 Page Five 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, 157 Charles Wakild, P.E.,Director Division of Water Quality cc: Lori Beckwith,USACE,Asheville Field Office Mark Davis,Division 14,DEO Ed Ingle,Roadside Environmental Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 20111101(Setter)R-5207B NCSR 1006(Howard Gap Road) (\(,. `�, /�`\ i i� �. Ak"A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary January 24,2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 8363 Brookside Village Association Brookside Village WWTP 630 Brookside Camp Road Hendersonville,North Carolina 28792 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0056 Brookside Village WWTP NPDES Permit No.NCO083313 Henderson County Dear Sir or Madam: A review of the July 2011 self-monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 07/08/2011 001 BOD 21.3 mg/L 15 mg/L 07/31/2011 001 BOD 13.7 mg/L 10 mg/L A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0083313. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the July 2011 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. i SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\Fax:828-299-7043 NorthCarollna Internet:http://portal.nedenr.org/web/wq Alatu alAl An Equal Opportunity\Affirmative Action Employer—50%Recycled/10%Post Consumer paper Brookside Village Association \, January 24, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, r Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files Bob Guerra/Point Source Branch Asheville Phoenix Properties/Property Manager S:"Sty;'P';Ffcnderson.Wastovawr"N inors"Brookside-Village 83 13,,:NOV-NRF-2012-I,V-00,6,di.)c ,�!..��! NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary January 24, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 8349 Ms. Cathy Childrey Mizpah Healthcare Inc. Henderson's Assisted Living WWTP P.O. Box 1029 Marion,North Carolina 28752-1029 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0038 Henderson's Assisted Living WWTP NPDES Permit No.NCO071897 Henderson County Dear Ms. Childrey: A review of the July 2011 self-monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Reported Value Permit Limit 07/21/2011 001 BOD 9.6 mg/L 7.5 mg/L 07/31/2011 001 BOD 5.24 mg/L 5 mg/L 07/21/2011 001 Fecal coliform 600#/ 100 ml 400 41100 ml A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0071897. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the July 2011 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\Fax:828-299-7043 NOrthCarolina Internet:htto://i)ortal.nodenr.org/webtwg ;atut, AI An Equal Opportunity\Affirmative Action Employer—50%Recycled/10%Post Consumer paper �7 Ms. Cathy Childrey January 24, 2012 Page Two i Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files Bob Guerra/Point Source Branch �J 4:'•,tilA}'1lli,irlcsoiv`�V.is'tc,til.rtei`.�iiir«rs.Henderson's Asisted I iving 71897CtiOff`-NRf:-2012-1 V-0038.doe -�I NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary January 24,2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 7670 Mr. Chris Braund,Town Manager Town of Lake Lure Lake Lure WWTP P.O. Box 255 Lake Lure,North Carolina 28746-0255 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0040 Lake Lure WWTP NPDES Permit No.NCO025381 Rutherford County Dear Mr. Braund: A review of the May 2011 self-monitoring report for the subject facility revealed a violation of the following parameter: Date Outfall Parameter Reported Value Permit Limit 05/31/2011 001 Ammonia 7.69 mg/L 4.3 mg/L A Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0025381. Pursuant to G.S. 143-215.6A, a civil penalty of not morethan twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms,conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the May 2011 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\Fax:828-299-7043\Customer Service: 1-877-623-6748 NorthCarolina Internet:http:/Iportal.ncdenr.orgAiveb/wq '11?VHF WIAI An Equal Opportunity\Affirmative Action Employer—50%Recycled/10%Post Consumer paper V Mr. Chris Braund January 24, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files Bob Guerra/Point Source Branch S;';SWP\Rutherli>rdlWastewatenMuciicipallt_ake f_uu 44"Lt-''I'['25381 NOV-Ni2 2012-LV_Op4p•tIoc J; A I r,AA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Jovernor Director Secretary January 24,2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 7663 Mr. Chris Braund,Town Manager Town of Lake Lure Lake Lure WWTP P.O. Box 255 Lake Lure,North Carolina 28746-0255 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0041 Lake Lure WWTP NPDES Permit No.NCO025381 Rutherford County Dear Mr. Braund: A review of the June 2011 self-monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Reported Value Permit Limit 06/30/2011 001 Ammonia 9.35 mg/L 4.3 m /L 06/30/2011 001 TSS 33.62 mg/L 30 mg/L 06/25/2011 001 TSS 50.7 mg/L 45 mg/L A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NCO025381. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the June 2011 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\Fax:828-299-7043 NorthCarolina Internet:http://portal.nodenr.org/web/wa Aatffral j� An Equal Opportunity'\Affirmative Action Employer—50%Recycled/10%Post Consumer paper 7 Mr. Chris Braund January 24, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files Bob Guerra/Point Source Branch SGtP'Rutl�raltn<I'14asirwafcrlCtltinrcrpal•i:<il;eLulz,W'4l"I"P?�:3ES1'N(;?l'-NTZ1: i 1 7 1 ............ r� NWINR North Carolina Department of'Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary January 24, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 8073 Mr. Chris Braund,Town Manager Town of Lake Lure Lake Lure WWTP P.O. BOX 255 Lake Lure,North Carolina 28746-0255 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0042 Lake Lure WWTP NPDES Permit No.NCO025381 Rutherford County Dear Mr. Braund: A review of the July 2011 self-monitoring report for the subject facility revealed violations of the ,'lowing parameters: Date Outfall Parameter Reported Value Permit Limit 07/31/2011 001 Ammonia 11.82 mg/L 4.3 mg/L 07/31/2011 001 Ammonia 15.27 mg/L 12.9 mg/L 07/31/2011 001 TSS 40.56 mg/L 30 mg/L 07/09/2011 001 TSS 52.2 mg/L 45 mg/L 07/23/2011 001 TSS 47.5 mg/L 45 mg/L 07/31/2011 001 Fecal colifonn 462.32#/ 100 ml 200#/ 100 ml 07/09/2011 001 Fecal coliform 600 #/ 100 ml 400#/ 100 ml 07/31/2011 001 Fecal coliform 678.3;#/ 100 ml 400#/ 100 ml 07/31/2011 001 Fecal coliform 503.26 #/ 100 ml 400#/ 100 ml A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0025381. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 Fax:828-299-7043 NOrthCarolina Internet:htti)://Portal.nodenr.org/weblwa Nationallil An Equal Opportunity\Affirmative Action Employer—50%Recycled/10%Post Consumer paper Mr. Chris Braund January 24, 2012 Page Two writing within ten(10) days after receipt of this Notice, A review of your response will be considered along with any information provided on the July 2011 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment maybe prepared. Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, 117 Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files Bob Guerra/Point Source Branch S:ISWPllRutherlixdlWastc ater':Nlunici>al�l,,dce Lure Vv WTP 2Sa81,NUV-NRt >01 1-I,V-0042.doc HCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretar v January 24, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 087418066 ............._.__..._......._..._ Mr. Chris Braund,Town Manager Town of Lake Lure Lake Lure WWTP P.O.Box 255 Lake Lure,North Carolina 28746-0255 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0044 Lake Lure WWTP NPDES Permit No.NCO025381 Rutherford County Dear Mr. Braund: A review of the August 2011 self-monitoring report for the subject facility revealed violations of the -following parameters: Date Outfall Parameter Reported Value Permit Limit 08/31/2011 001 Ammonia 11.44 mg/L 4.3 mg/L 08/13/2011 001 Ammonia 15.5 mg/L 12.9 mg/L 08/31/2011 001 TSS 33.05 mg/L 30 mg/L 08/13/2011 001 Fecal coliform 408.68 #/ 100 ml 400 #/ 100 ml A Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NCO025381. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the August 2011 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Sl RFAC'E WATER PROTECTION SECTION---AS[IEVI] LE REGIONAL.OFFICl_ Location:2090 U.S.Hi-hwav 70 Swannwroa.North Carolina 28778 Ooe Phone:828 296-4500\Ft.828 299-7043 NorthCaro.lina Internet:http:llportal.nodenr.oM/web/wq ;Vatll1'aMil An Equal Oppoitunitp`,Affirmative Action Enplover-- 0°4,Recycled IV"+,Post Consumer paper Mr. Chris Braund January 24, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files -->' DWQ Central Files Bob Guerra/Point Source Branch 5. 51b4' t=th4iioad`} a4+.et ate. 19t ill icip a3 1 takk:t-Ure\kV (f"�.,8i Jt?L'- lt[: 01.2-C V-fii)44 dot �t T-1T 4 CDENR North Carolina Department of Environment and .Natural Resources Division of Water Quality Beverly Eaves Perdue Division Wakild,P.E. Dee Freeman Governor Director Secretary January 24, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 8059 Mr. Chris Braund, Town Manager Town of Lake Lure Lake Lure WWTP P.O.BOX 255 Lake Lure,North Carolina 28746-0255 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LM-0001 Lake Lure WWTP NPDES Permit No.NCO025381 Rutherford County Dear Mr. Braund: A review of the September 2011 self-monitoring report for the subject facility revealed violations of the -following parameters: Date Outfall Parameter Reported Value Permit Limit 09/30/2011 001 Ammonia 7 .74 mg/L 4.3 mg/L Date Outfall Parameter Frequency Violation 09/03/2011 001 BOD 3 X/Week Failure to Monitor A Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0025381. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the September 2011 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACE WATER ER PROTECTION SECTION-ASHIMLLI Rr:GIONAl.:Ot I ICI Location:2090 U.S.Highway 70 Swannwwa.North Carolina 28778 One Phone:8?$-29(,-�50t1 tag:$-8 299-7043 N41'1hCar011na Internet:http:(/portaLnedenr.org/web/wa y��jt111��//1, An Equal Oppoitunity Af rniative Action Employer—50%Recycled;IfPo Post Consumer paper t! Mr'. Chris Braund January 24, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office f cc: DWQ Asheville Files DWQ Central Files Bob Guerra/Point Source Branch <; �t�;>',l�atth,:,lz�ecl`i1.t5��:vat�r'_l[ttttici��t?i ctlse 1 tiro Gi t-b'C('2��Sl �t 3``-'tif.I:.?D(_-1 11-t�fl(j(.t1c?c A*Jaarm EP.R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild;P.E. Dee Freeman Governor Director Secretan, January 24,2012 CERTIFIED MAIL _ RETURN RECEIPT REQUESTED 7010 1870 0003 0874 8370 Mr. Chris Braund,Town Manager Town of Lake Lure Lake Lure WWTP P.O.Box 255 Lake Lure,North Carolina 28746-0255 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0048 Lake Lure WWTP NPDES Permit No.NCO025381 Rutherford County Dear Mr. Braund: A review of the October 2011 self-monitoring report for the subject facility revealed a violation of the -following parameter: Date Outfall Parameter Reported Value Permit Limit 10/31/2011 001 Ammonia 10.62 mg/L 4.3 mg/L A Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NCO025381. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25;000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.L If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the October 2011 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACE W AIT:R PROhEIC"LION SECTION ION--;kS[IEVII.I[:Rll:(iIUNAI.:OI FICF Location:2090 U.S.Highway 70 Swannanoa.North Carolina 28778 Onectl Phone.828 296 4500' Fax:828 299 7043 lVOrtllCarolllla Internet:htto./lportal.nenr.org/web/wa �lt�111'lx�jl/ An Equal Opportunity'.Affirmative Action Emploier--i0'.'1n Recycled%I045 post Consuuler pap r Mr. Chris Braund January 24, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files ) Bob Guerra/Point Source Branch 4 t I"dRtst 4' ;t I P \t I - E ?;;t'}_, NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary January 24,2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 8356 Ms. Cathy Childrey Mizpah Healthcare Inc. Mountain View Assisted Living P.O.Box 1029 Marion,North Carolina 28752-1029 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0057 Mountain View Assisted Living WWTP NPDES Permit No.NCO074110 Henderson County Dear Ms. Childrey: A review of the July 2011 self-monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Reported Value Permit Limit 07/21/2011 001 BOD 9.2 mg/L 7.5 mg/L 07/27/2011 001 Fecal coliform 600#/ 100 ml 400#/ 100 ml A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General.Statute (G.S.) 143-215.1 and NPDES Permit No.NCO074110. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms,conditions, or requirements of any permit issued pursuant to G.S. 143'215.1. If you wish to provide additional information regarding the noted violation,request technical assistance; or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A 'review of your response will be considered along with any information provided on the July 2011 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\Fax:828-299-7043 NorthCarolina Internet:htto:#oortal.ncdenr.or /weblwo U fffaAll An Equal Opportunity\Affirmative Action Employer—50%Recycled/10%Post Consumer paper �/ Ms. Cathy Childrey January 24, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files ; Bob Guerra/Point Source Branch S'',SLL'1''.[lendcrs�r�',.Lrastew<Ftertllimus.(tilountairr View,assisted Livia_74111)`,N(:)V-NRI-l-2012-I.V-00,�7.doe A !r NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary January 24, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 8332 Mr. Radford L.Thomas, Director, Public Utilities City of Lenoir Gunpowder Creek WWTP P.O.Box 958 Lenoir,North Carolina 28645-0958 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0058 Gunpowder Creek WWTP NPDES Permit No.NCO023736 Caldwell County Dear Mr. Thomas: A review of the July 2011 self-monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Reported Value Permit Limit 07/31/2011 001 Ammonia Nitrogen 6.13 mg/L 2 mg/L 07/16/2011 001 Ammonia Nitrogen 7.8 mg/L 6 mg/L 07/23/2011 001 Ammonia Nitrogen . 9.45 mg/L 6 mg/L 07/31/2011 001 TSS 32.98 mg/L 30 mg/L 07/09/2011 001 TSS 94.5 mg/L 45 mg/L A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0023736. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the July 2011 Discharge Monitoring Report. You will then be notified of any SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 Fax:828-299-7043 NorthCarolina Internet:hfpalportal.ncdenr.orolweblwg ?►wffir,71411 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled/]0%Post Consumer paper 1� I Mr. Radford L. Thomas January 24, 2012 �\ Page Two civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period,a civil penalty assessment may be prepared. Remedial actions, if not already implemented,should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files Bob Guerra/Point Source Branch S .SWII",,C'aldwell',.Wastesvater\MtinicipallCiunpozvder Creek"i736\NO4-NRLS-2012:-[N-00558.doe AI •WV .�.,rw�. T C North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary. January 24, 2012 Mr. Greg S. Cogdill, Manager KC Realty Investments, LLC Woodland Heights MHP PO Box 17099 Asheville, NC 28816 Subject: Permit No. WQ0035723 KC Realty Investments, LLC Woodland Heights MHP Wastewater Collection System Extension Buncombe County Dear Mr. Cogdill: In accordance with your application received January 5, 2012, we are forwarding herewith Permit No. W00035723, dated January 24, 2012, to KC Realty Investments, LLC 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 therefore incorporated therein by reference. 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 .0300 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 .0300; 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. SURFACE WATER PROTECTION-ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NOrthCarolina Phone: (828)296-4500 FAX: 828-299-7043 Natimaliff Internet:www.ncwaterguality.org KC Realty Investments, LLC January 24,2012 Padw 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 KC Realty Investments, LLC for the construction and operation of approximately 460 linear feet of 6-inch gravity sewer to serve Woodland Heights MHP and the discharge of previously permitted flow of collected domestic wastewater into the Metropolitan Sewerage District (MSD) of Buncombe County French Broad River Wastewater Reclamation Facility's existing sewerage system, pursuant to the application received January 5, 2012 and in conformity with 15A NCAC 2T .0300; 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 Metropolitan Sewerage District (MSD) of Buncombe County French Broad River Wastewater Reclamation Facility (Permit No. NC0024911) prior to being discharged into the receiving stream. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. Construction of the subject wastewater collection system shall not commence until approval for the construction and operation of these sewers has been obtained from the Metropolitan Sewerage District of Buncombe County. 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 Wanda Frazier at (828) 296-4662. Sincerely, f for Charles Wakild , P.E., Director Division of Water Quality cc: Buncombe County Health Department Asheville Regional Office, Surface Water Protection (MSD of Bunc. Co. WRF NC0024911) Marty Kocot, P.E. Thomas E. Hartye, P.E., General Manager; MSD of Bunc. Co. Water Reclamation Facility Water Quality Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT 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 2T .0300, 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 .0300. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0300: 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 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.W00035723 KC Realty Investments, LLC Woodland Heights MHP Buncombe 1-24-26., 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 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 .0300; 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 .0300; 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 Permit No.W00035723 KC Realty Investments LLC Woodland Heights MHP Buncombe 1 24 2012 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 II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. 12. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined, a slope variance can be requested from the Division with firm supporting documentation. This shall be done through a permit modification with fee. Such variance requests will be evaluated on a case by case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification. Permit issued this the 24th day of January, 2012 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION For Charles akild, P.E., Directdr Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0035723 3 Permit No W00035723 KC Realty Investments, LLC Woodland Heights MHP Buncombe 1-24-26J-. ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: 460 linear feet of 6-inch gravity sewer to serve Woodland Heights MHP and the discharge of previously permitted flow of collected domestic wastewater into the Metropolitan Sewerage District (MSD) of Buncombe County French Broad River Wastewater Reclamation Facility's existing sewerage system. 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. ENGINEERS CERTIFICATION ❑ Partial ❑ Final 1, , 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 .0300; 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 CHUCK CRANFORD, SUPERVISOR SURFACE WATER PROTECTION SECTION 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. .A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary January 24, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 7687 Mr.Tony Konsul,Regional Manager Carolina Water Service Inc. of NC Fairfield Sapphire Valley WWTP P.O. Box 240908 Charlotte, North Carolina 28224-0908 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0037 Fairfield Sapphire Valley WWTP NPDES Permit No.NCO022985 Jackson County Dear Mr. Konsul: A review of the July 2011 self-monitoring report for the subject facility revealed a violation of the following parameter: Date Outfall Parameter Reported Value Permit Limit 07/31/2011 001 Ammonia Nitrogen 4.8 mg/L. 2.7 mg/L A Notice of Violation/Notice of Recommendation,for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G:S.) 143-215.1 and NPDES Permit No. NC0022985. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the July 2011 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACE WATER PROTECTION SECTION-ASI-IEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\Fax:828-299-7043 NorthCarolina Internet:htto:lloortal.ncdenr.orolweblwo NatimmIA1 An Equal Opportunity\Affirmative Action Employer-50%Recycled/]0%Post Consumer paper �7 Mr. Tony Konsul January 24, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files Bob Guerra/Point Source Branch S:i.SWi'i Fairfield Sapphire Subd?2985i NOV NIZ-2012-I_.V-UO37.doc ��� NCQENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 24, 2012 Ms. Jan W. Grove Midway Medical Center, P.A. P.O. Box 1409 Canton, North Carolina 28716-1409 Subject: NOTICE OF VIOLATION NOV-2012-LV-0060 Permit No. NCO022454 Midway Medical Center WWTP Haywood County Dear Ms. Grove: A review of Midway Medical Center WWTP's monitoring report for July 2011 showed the following violation: Parameter Date Limit Value Reported Value Limit Type [Coliform, Fecal MF, M-FC 07/21/2011 400#/100ml 440#/100ml Daily Maximum -Broth,44.5C Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4600. Sincerely, ;a s7 4� Chuck Cran�ord, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James & James Environmental/ORC SAS WPtHaytir000dWVastewater\Minors\Midway Medical Center 224541NOV-2012-LV-0060.doc NorthCarolina Naturmlly North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterauality.oro FAX (828)299-7043 ,�; ���� 1, VA ALIT ' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 24, 2012 Mr. Thomas E. Hartye, P.E., General Manager Metropolitan Sewerage District of Buncombe County 2028 Riverside Drive Ahseville, NC 28804 Subject Permit No. WQ0035721 Metropolitan Sewerage District of Buncombe County Weaverville Pumping Station Rehabilitation Phase II Wastewater Collection System Extension Buncombe County Dear Mr. Hartye: In accordance with your application received December 22, 2011, we are forwarding herewith Permit No. WQ0035721, dated January 24, 2012, to the Metropolitan Sewerage District (MSD) of Buncombe County 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 therefore incorporated therein by reference. 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 .0300 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 .0300; 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 §143-215.60, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina- licensed Professional Engineer to the licensing board. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One / ina Phone:(828)296-4500 FAX:828 2997043 NorthCaroll �atlfPq��lJ Internet:www.ncwaterguality.org Thomas E. Hartye, P.E. January 24, 2012 Pag., 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 thi 11 Metropolitan Sewerage District of Buncombe County for the construction and operation of approximately 455 linear feet of 18-inch HDPE force main and 14 linear feet of 12-inch DIP force main to serve MSD project number 2010072 as part of the Weaverville Pumping Station Rehabilitation Phase II project replacing 469 linear feet of existing 12-inch DIP sewer force main and the discharge of previously permitted flow of collected domestic wastewater into the Metropolitan Sewerage District of Buncombe County French Broad River Wastewater Reclamation Facility's existing sewerage system, pursuant to the application received December 22, 2011 and in conformity with 15A NCAC 2T .0300; 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 Metropolitan Sewerage District of Buncombe County French Broad River Wastewater Reclamation Facility (Permit No. NC0024911) 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 150E of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699- 6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Wanda Frazier at (828) 296- 4662. Sincerely, O V for Charles Wakild, P.E., Director Division of Water Quality cc: Buncombe County Health Department Asheville Regional Office, Surface Water Protection (MSD NC0024911) W. Hunter Carson, P.E., MSD Project Manager Water Quality Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT 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 2T .0300; 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 .0300. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0300: 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 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 §143-215.1C. 1 Permit No WC.W35721 MSD Weaverville Pumpong Stntinn Rehnhilitatinn Phase II — Runr: C;n 1-24-2012 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 .0300; 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 .0300; 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 Permit No W00035791 ASD WPa ye dle PumYbaq Statinn RPh h'r+ +' Phasp 11 Bunc Gn 1 24 9019 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 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 24th Day of January, 2012 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Charles Waki d, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0035721 3 Permit No WOOn35721 MSn Weaverville Pum nq Statinn Rehahilitation Phase II — Bunr Cn 1-24-2012 ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: 455 linear feet of 18-inch HDPE force main and 14 linear feet of 12-inch DIP force main to serve MSD project number 2010072 as part of the Weaverville Pumping Station Rehabilitation Phase II project replacing 469 linear feet of existing 12-inch DIP sewer 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. ENGINEERS CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the 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 .0300; 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: CHUCK CRANFORD, SUPERVISOR SURFACE WATER PROTECTION SECTION 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. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 24, 2012 Mr. Stephen E. Shealy She-Can Company P.O. Box 2805 Asheville, North Carolina 28802 Subject: NOTICE OF VIOLATION NOV-2012-LV-0059 Permit No. NCO075680 Rosewood Mobile Home Park WWTP Buncombe County Dear Mr. Shealy: A review of Rosewood Mobile Home Park's WWTP monitoring report for June 2011 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Nitrogen, Ammonia Total 06/30/2011 7.8 mg/I 8.26 mg/I Monthly (as N) - Concentration Average Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, / Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files J. Fred Edwards/ORC S:1SWP1BuncombelWastewater\Minors\Rosewood MHP 75680`NOV-2012-LV-0059.doe NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swananoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org FAX (828)299-7043 �� \\ �� (�. j \ � l` ,.���l \,� A'L � NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 18, 2012 Carl Daniel Utilities, Inc PO Box 240908 Charlotte NC 282240908 SUBJECT: Collection System Inspection Fairfield Sapphire Collection System Permit No: WQCS00227 Jackson County Dear Mr. Daniel Enclosed please find a copy of the Collection System Inspection Report from the inspection conducted on December 8, 2011. The Collection System Inspection was conducted by Don Price and me of the Asheville Regional Office. The facility was found to be in Compliance with permit WQCS00227. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please do not hesitate to contact me at 828-296-4500. Sincerely, Keith Hayne Environmental Sr. Specialist Enclosure cc: Edwin L McFalls, ORC Central Files Asheville Files S:tSWPWacksontCollection Systerns\Fairfleid Sapphire Collection SysternMnspletter12.8.11.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolliina Phone:(828)296-4500\FAX:828 299-7043 Naturally www.newaterguality.orq j �� -\ ��� �:/ Compliance Inspection Report Permit: WQCS00227 Effective: 12/30/05 Expiration: 11/30/13 Owner: Carolina Water Service Inc Of NC SOC: Effective: Expiration: Facility: Fairfield Sapphire(form.Jackson Utility) Collection System County: Jackson PO Box 240908 Region: Asheville Charlotte NC 282240908 Contact Person: Carl Daniel Title: Vice President Phone: 800-525-7990 Directions to Facility: System Classifications: CSNC, Primary ORC: Edwin L McFalls Certification: 993349 Phone: 828-743-2480 Secondary ORC(s): On-Site Representative(s): Related Permits: NC0022985 Carolina Water Service Inc Of NC-Fairfield Sapphire Valley WWTP Inspection Date: 12/08/2011 Entry Time: 10:30 AM Exit Time: 12:30 PM Primary Inspector: Keith Haynes - - Phone: 828-296-4500 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Collection System Inspection Sampling Permit Inspection Type: Collection system management and operation Facility Status: ■ Compliant n 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: WQCS00227 Owner-Facility: Carolina Water Service Inc Of NC Inspection Date: 12/08/2011 Inspection Type: Collection System Inspection Sampling Reason for Visit: Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? ■ n n In What educational tools are used? Pamphlet Is Sewer Use Ordinance/Legal Authority available? n n ■ Does it appear that the Sewer Use Ordinance is enforced? In n ■ n Is Grease Trap Ordinance available? ❑ n ■ n Is Septic Tank Ordinance available(as applicable,i.e.annexation) n n ■ n List enforcement actions by permittee, if any, in the last 12 months none Has an acceptable Capital Improvement Plan(CIP)been implemented? ■ n ❑ n Does CIP address short term needs and long term\"master plan\"concepts? ■ n n n Does CIP cover three to five year period? ■ n n n Does CIP include Goal Statement? ■ n n n Does CIP include description of project area? ■ In n In Does CIP include description of existing facilities? n n ■ n '� Does CIP include known deficiencies? n n ■ n Does CIP include forecasted future needs? n n ■ n Is CIP designated only for wastewater collection and treatment? n n ■ n Approximate capital improvement budget for collection system? $0.00 Total annual revenue for wastewater collection and treatment? $0.00 CIP Comments Privately owned system Is system free of known points of bypass? ■ n n n If no,describe type of bypass and location Is a 24-hour notification sign posted at ALL pump stations? ■ In n n #Does the sign include: Instructions for notification? ■ ❑ n n Pump station identifier? ■ ❑ n n 24-hour contact numbers ■ n n n If no,list deficient pump stations Page: 3 Permit: WQCS00227 Owner-Facility: Carolina Water Service Inc Of NC Inspection Date: 12/08/2011 Inspection Type: Collection System Inspection Sampling Reason for Visit: Routine #Do ALL pump stations have an"auto polling"feature/SCADA? 0 ■ ❑ n Number of pump stations 45 Number of pump stations that have SCADA 43 Number of pump stations that have simple telemetry 2 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? n ■ ❑ o #If yes,date implemented? Describe: Comment: Inspections Yes No NA NE Are maintenance records for sewer lines available? ■ ❑ 0 n Are records available that document pump station inspections? ■ n n Cl Are SCADA or telemetry equipped pump stations inspected at least once a week? ■ ❑ n n Are non-SCADA/telemetry equipped pump stations inspected every day? ■ n n n Are records available that document citizen complaints? ■ ❑ n n #Do you have a system to conduct an annual observation of entire system? ■ ❑ El Cl #Has there been an observation of remote areas in the last year? ❑ ❑ ■ n Are records available that document inspections of high-priority lines? ■ n n n Has there been visual inspections of high-priority lines in last six months? ■ D Comment: Operation &Maintenance Requirements Yes No NA NE Are all log books available? ■ 0 0 Does supervisor review all log books on a regular basis? ■ ❑ 0 n Does the supervisor have plans to address documented short-term problem areas? ■ fl ❑ Cl What is the schedule for reviewing inspection, maintenance,&operations logs and problem areas? monthly Are maintenance records for equipment available? ■ n n n Is a schedule maintained for testing emergency/standby equipment? ■ ❑ n What is the schedule for testing emergency/standby equipment? monthly Page: 4 Permit: WQCS00227 Owner-Facility: Carolina Water Service Inc Of NC Inspection Date: 12/08/2011 Inspection Type: Collection System Inspection Sampling Reason for Visit: Routine Do pump station logs include: Inside and outside cleaning and debris removal? ■ n n In Inspecting and exercising all valves? ■ n n n Inspecting and lubricating pumps and other equipment? ■ n n ❑ Inspecting alarms,telemetry and auxiliary equipment? ■ n n n Is there at least one spare pump for each pump station w/o pump reliability? ■ n n n Are maintenance records for right-of-ways available? n n ■ n Are right-of-ways currently accessible in the event of an emergency? In n ■ n Are system cleaning records available? ■ n n n Has at least 10%of system been cleaned annually? ■ n n n What areas are scheduled for cleaning in the next 12 months? next section Is a Spill Response Action Plan available? ■ n n n Does the plan include: 24-hour contact numbers ■ n n n Response time ■ n n n Equipment list and spare parts inventory ■ n n n Access to cleaning equipment ■ n n n Access to construction crews, contractors,and/or engineers ■ n n n Source of emergency funds n n ■ n Site sanitation and cleanup materials ■ n n n Post-overflow/spill assessment ■ n n n Is a Spill Response Action Plan available for all personnel? ■ n n n Is the spare parts inventory adequate? ■ n n In Comment: Records Yes No NA NE Are adequate records of all SSOs,spills and complaints available? ■ n n n Are records of SSOs that are under the reportable threshold available? ■ n n n Do spill records indicate repeated overflows(2 or more in 12 months)at same location? n n ■ n If yes, is there a corrective action plan? n In ■ Is a map of the system available? ■ n ❑ n Page: 5 Permit: WQCS00227 Owner-Facility: Carolina Water Service Inc Of NC Inspection Date: 12/08/2011 Inspection Type: Collection System Inspection Sampling Reason for Visit: Routine Does the map include: Pipe sizes n ■ n n Pipe materials Cl ■ n n Pipe location ■ n n n Flow direction fl ■ ❑ Approximate pipe age ❑ ■ Cl n Number of service taps n ■ n n Pump stations and capacity ■ n n n If no,what percent is complete? most List any modifications and extensions that need to be added to the map The mapping is still in progress. #Does the permittee have a copy of their permit? ■ n n n Comment: . Monitoring and Reporting Requirements Yes No NA NE Are copies of required press releases and distribution lists available? n n ■ n Are public notices and proof of publication available? n n ■ n #Is an annual report being prepared in accordance with G.S. 143-215.1C? ■ n n n #Is permittee compliant with all compliance schedules in the permits? n n ■ n If no,which one(s)? Comment: #41 - Pump Station Yes No NA NE Pump station type Duplex Are pump station logs available? ■ n In n Is it accessible in all weather conditions? ■ n n n #Is general housekeeping acceptable? ■ n n n Are all pumps present? ■ n Cl n Are all pumps operable? ■ 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: WQCS00227 Owner-Facility: Carolina Water Service Inc Of NC Inspection Date: 12/08/2011 Inspection Type: Collection System Inspection Sampling Reason for Visit: Routine Are floats/controls for pumps/alarms operable? ■ n n n Is"auto polling"feature/SCADA present? ■ n n In Is"auto polling"feature/SCADA operational? ■ n n n Is simple telemetry present? ■ n ❑ n Is simple telemetry operational? ■ n In In Are audio and visual alarms present? ■ n n n Are audio and visual alarms operable? ■ ❑ n n Is the Pump station inspected as required? ■ In In n Are backflow devices in place? ■ n n Are backflow devices operable? ■ n n Are air relief valves in place? ■ In n n Are air relief valves operable? ■ n In n # Is an emergency generator available? ■ n n n Can the emergency generator run the pumps? ■ n n n Is the pump station equipped for quick hook-up? n ■ n n Is the generator operable? n n n ■ #Is fuel in tank and sufficient? n n n ■ Is the generator inspected according to their schedule? ■ n n Cl Is a 24-hour notification sign posted? ■ n ❑ n Does it include: Instructions for notification? ■ ❑ Cl n Pump station identifier? ■ n n n Emergency phone number ■ n ❑ In Is public access limited? ■ In ❑ n Is pump station free of overflow piping? ■ n n f_1 Is the pump station free of signs of overflow? ■ n n n Are run times comparable for multiple pumps? yes Comment: NA 1 -Country Club Ck crossing Lines/Right-of-Ways/Aerie) Lines Yes No NA NE Page: 7 "Jr?l'A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 19, 2012 Steve Boehm 330 Trafalgar Place Matthews,NC 28105 Subject: 401 Water Quality Certification -Approval Steve Boehm DWQ Project# 11-1080 Burke County CTB /Lake James/ 11-(23)/WS-V, B Dear Mr. Boehm: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. pproval has been granted to place fill within or otherwise impact 400 linear feet(0.018 acres) of open waters for the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 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 Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control and Catawba Buffer regulations. No buffer impacts are approved at this time. 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 below normal 0.009 (acres) Application#7 pool level Location:2090 U.S,Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-450M FAX:828-299-7043 NorthCa.rohna Internet:www.ncwaterquality.org aturallf An Equal Opportunity t Affirmative Action Employer Steve Boehm January 19,2012 Page 2 of 2 Waters above normal 0.009 (acres) Application 8.a. pool level 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 828-296-4500. Sincerely, 10 Charles Wakild, P.E., Director CW/1SW Enc: GC3693 Certificate of Completion cc: USACE Asheville Regulatory Field Office 401 Permitting Unit—Central Office File Copy Duke Energy-Wade Harmon Burke County Planning-Pete Minter Carissa Parker(e-copy) S:\SWP\Burke\401s\Non-D0Mteve Boehm,lot 173Wpproval.boehm.jan2012.doc may- A' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 19, 2012 Deborah Patton 107 N. Millbrooke Ct. Advance,NC 27006 Subject: 401 Water Quality Certification -:Approval Deborah Patton, Lot 12 DWQ Project# 11-1069 Burke County CTB /Lake James/ 1 l-(23)/WS-V, B Dear Ms. Patton: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. .pproval has been granted to place fill within or otherwise impact 100 linear feet(0.004 acres) of open waters -tor the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 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 Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to)Erosion and Sediment Control and Catawba Buffer regulations. No buffer impacts are approved at this time. 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 below normal 0.002 (acres) Application#7 pool level Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-7043 1�T Internet:www.ncwaterquality.org Ntho Carollrla Naturally An Equal Opportunity 1 Affirmative Action Employer Deborah Patton January 19,1012 Page 2 of 2 Waters above normal 0.002 (acres) ' Application# 8.a. pool level 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 828-296-4500. Sincerely, /; r'-ok Charles W' ild, P.E., Director C W/lsw / i Enc: GC3693 Certificate of Completion cc: USACE Asheville Regulatory Field Office 401 Permitting Unit—Central Office File Copy Duke Energy-Wade Harmon Burke County Planning-Pete Minter Carissa Parker(e-copy) S:\SWP\Burke\401s\Non-DOT\Deborah Patton,lot 12\Approval.patton.Jan 2012.doe ®r AMMWAMk NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 20, 2012 Terry Hatcher, P.E.; Director Div. Of Property & Construction N.C. Department of Health and Human Services 2001 Mail Service Center Raleigh, N.C. 27699 Subject: Permit No. WQ0035731 N.C. Dept. of Health & Human Services New Broughton Hospital Wastewater Collection System Extension Burke County Dear Mr. Hatcher: In accordance with your application received January 17, 2012, we are forwarding herewith Permit No. WQ0035731, dated January 20, 2012, to the N.C. Dept. of Health &Human Services 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 Don Price 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 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper>z� A N.C. Dept. of Health & Human Services January 20, 2012 Page�. 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 N.C. Dept. of Health and Human Services for the construction and operation of approximately 2,851 linear feet of 8-inch gravity sewer and approximately 81 linear feet of 12-inch gravity to serve 384 hospital beds at 150 gpd/bed as part of the New Broughton Hospital project, and the discharge of 57,600 gallons per day of collected domestic wastewater into the City of Morganton's existing sewerage system, pursuant to the application received January 17, 2012 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the City of Morganton's Catawba River Wastewater Treatment Facility (Permit No. NC0026573) 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 Don Price at (828) 296- 4500. Sincerely, 1,�f , L,, for CharlesVakild,P.E., Director Division of Water Quality cc: Burke County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0026573) Christopher A. Flythe, P.E./Mulkey Engineers and Consultants Don Danford, Public Utility Director, City of Morganton Surface Water Protection Section Central Files PERCS Files SASMXBurkelCollection Systemsmorganton Collection SvstemlWQ0035731 New Broughton Hospital 0120 2012 doc �,..�. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 25, 2012 Jesse H. Austin, III Deborah P. Austin 1178 Oxford Road Atlanta, Georgia 30306 Subject: 401 Water Quality Certification - Approval Austin Property Shoreline Stabilization DWQ Project#2011-0859 Macon County LTN03 /Nantahala River(Lake Nantahala)/2-57-(22.5)/ Class B; Tr Dear Mr. and Mrs. Austin: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. l Approval has been granted to place fill within or otherwise impact 0.0139 acres (605 linear feet) of open waters r for the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 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 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) I Plan Location or Reference Waters 0.0139 (acres) Application Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-450M FAX:828-299-7043 NorthCarolina Internet:www.ncwaterquality.org ;Vatllrally An Eaual Onoortunity!Affirmative Action Emalover Austin January 25,2012 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at 828-296-4657. Sincerely, Charles Wakild, P.E., Director CWlkhb Enc: GC3693 Certificate of Completion cc: USACE Asheville Regulatory Field Office 401 Permitting Unit—Central Office File Copy S:\S WP\Macon\401 s\Non-DOT\Austin.Nantahala\Austin.00-0859.Appvl.01-25-2012.doc I •Ail.. IL NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 25, 2012 Ms. Pamela J. Fox 5113 Dutch Cove Road Canton,NC 28716 Subject: Failure to Secure a 401 Water Quality Certification Fox Property Haywood County FRB02/UT Dutch Cove Creek/SI# 6-76-1/C Dear Ms. Fox: This letter is offered in response to the site inspection conducted January 13, 2012 with you, as well as Tyler Crumbley of the U.S. Army Corps of Engineers. As stated during the site inspection,the approximately 15 feet of pipe and cistern placed in the stream constitute fill material, and have not been authorized by the U.S. Army Corps of Engineers or the Division of Water Quality. This is in violation of Part 15A of North Carolina Administrative Code 2H .0500. During the site visit, you agreed to remove the fill (pipe/cistern). Removal of the fill material should comply with the timeline presented by the Corps in the forthcoming Notification of Unauthorized Activity. After removal,the area should be stabilized to prevent sediment migration downstream. We discussed some potential alternatives to withdraw a portion of the water from the receiving stream and to do this "off-line" of the stream(or to find an alternate source of water for your horses). I also referred you to Mr. Leslie Smathers (828) 452-2741, Haywood County Soil and Water, as his office may be able to offer assistance. Please be aware that the Division of Water Quality has identified the stream through your property as an "intermittent" stream; the stream identification sheet is attached with this letter. A portion of that streamflow must always be allowed to continue throughout the stream reach. You may not remove all the stream flow. Should you not remove the fill material, you may be subject to a civil penalty assessment of up to $25,000.00 per day for each violation. This letter in no way precludes this Office for taking action on this or any other violation. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500\FAX:828-299-7043 One Internet:www.ncwaterquality.org NOrthCarofina vVa"+tllral4lf An Cn,�ol(1nn�.+,�„�n„�if.m�+�.,.n,.n.,.,c,»„i�,,,,, Ms.Fox January 25,2012 Page 2 of 2 If you have any questions regarding these matters, please contact me at(828) 296-4665 or susan.a.wilson@ncdenr.gov. Please notify me after you have removed the pipe/cistern. Sincerely, 'Susan A. Wilson, P.E., Environmental Engineer Enc: Stream ID Form cc: USACE Asheville Regulatory Field Office, Tyler Crumbley File Copy S:\SWP\Haywood\Complaints\Fox Property\NOD.Fox Property.I 2012.doc NC DWQ Stream Identification Form Version 4.11 Date: , ProjectfSite: i 4 Latitude: - Evaluator: County: 4W L-t, Longitude* e 02 ' Z3. Total Points: Stream Determination(circle one) Other Stream is at least intermittent if?:19 or erennial if z 30* Ephemeral Intermittent Perennial e.g.Quad Name: A. Geomorphology (Subtotal= ) Absent Weak Moderate Strong 18,Continuity of channel bed and bank 0 1 2 3 r 2.Sinuosity of channel along thalweg ,tip?,i- -') 0 1 2p 3 3.In-channel structure:ex.riffle-pool,step-pool, 0 2 3 ripple-pool sequence t� 4.Particle size of stream substrate 0 cl-D 2 3 5.Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0'' 1 2 3 7. Recent alluvial deposits 0 f . 2 g 8. Headcuts 0 A- 2 3 9. Grade control 0 0.5 1.5 10.Natural valley 0 0.5 1 1.5 % 11.Second or greater order channel o=W Yes=3 artificial ditches are not rated;see discussions in manual B. Hydrology Subtotal= Cj 12.Presence of Baseflow 0 1 2 3 13.Iron oxidizing bacteria 0', 1 2 3 14.Leaf litter 1.5 1 0.5 0 15.Sediment on plants or debris 0 0.5 1 1.5 16.Organic debris lines or piles 0 0.5 1 1.5 '• 17.Soil-based evidence of high water table? No=0 C. Biology Subtotal= 4 18. Fibrous roots in streambed 3 2 1 0 f 1 19.Rooted upland plants in streambed 3 2 1 C 20.Macrobenthos(note diversity and abundance) l 1 2 3 21.Aquatic Mollusks ( 0 1 2 3 22.Fish C0 0.5 1 1.5 23.Crayfish 0_>' 0.5 1 1.5 24.Amphibians 0) 0.5 1 1.5 25.Algae 0 L 1 1.5 26.Wetland plants in streambed FACW 0.75; OBL=1.5 Other 0;, ,jQ A *perennial streams may also be identified using other methods.See p.35 of manual Notes: 7 ti v ntG 7 4 i Sketch: C,Qr, i 70 t I`Lv cu : 7 -)7me €! <�(-TC Vi 5 y i �\ �� �r' � �� �_...., 1 �. i 49A fC&D R A North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakiid, P.E. Dee Freeman Governor Director Secretary January 25, 2012 Mr. Robert F. Burnette; Ms. Jill C. Burnette 5077 Dutch Cove Road Canton,NC 28716 Subject: Failure to Secure a 401 Water Quality Certification Burnette Property Haywood County FRB02/UT Dutch Cove Creek/SI# 6-76-1/C Dear Mr. Burnette and Ms. Burnette: This letter is offered in response to the site inspection conducted January 13, 2012 with you, as well as Tyler Crumbley of the U.S. Army Corps of Engineers. As stated during the site inspection,the approximately 120 feet of pipe placed in the stream constitutes fill f,„->material, and has not been authorized by the U.S. Army Corps of Engineers or the Division of Water Quality 'DWQ). This is in violation of Part 15A of North Carolina Administrative Code 2H .0500. During the site visit, you agreed to remove the fill (pipe). Removal of the fill material should comply with the timeline presented by the Corps in the forthcoming Notification of Unauthorized Activity. We also discussed stabilization of the stream upon removal of the pipe. For this small intermittent stream, DWQ would recommend matting/staking of the banks (jute/coir matting is preferred). Strawing/seeding underneath matting should provide adequate stabilization during the winter months. Should you not remove the fill material, you may be subject to a civil penalty assessment of up to $25,000.00 per day for each violation. This letter in no way precludes this Office for taking action on this or any other violation. If you have any questions regarding these matters, please contact me at (828) 296-4665 or susan.a.wilson@ncdenr.gov. Please notify me after you have removed the pipe. Sincerely, 'Susan A Wilson, P.E., Environmental Engineer cc: USACE Asheville Regulatory Field Office, Tyler Crumbley File Copy S:\SWP\Haywood\Complaints\Burnett Prop 12 2011\NOD.Burnette Property.I 2012.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-450M FAX:828-299-7043 One Internet:www.ncwaterquality.org NorthCarollna An Fniml ilnnnrfimifv 1 AffirrnativA 4rtinn Frnnlnvor Naturals(J 4 •0 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Bee Freeman Governor Director Secretary January 25, 2012 Mr. Keith Rudman Bear Lake Heaven, LLC 2225 N. Lakewood Chicago, IL 60614 Subject: 401 Water Quality Certification-Approval Bear Lake Heaven LLC (PIN 7586-45-2681) DWQ Project# 11-1072 Jackson County LTN02/Bear Creek Reservoir/2-79-(5.5)/WS-III, B, Tr Dear Mr. Rudman: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact approximately 0.0841 acres of open waters (approximately 240 linear feet) for the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 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 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. Bear Creek Reservoir has a Trout supplemental classification; please consult with Jackson County Erosion Control regarding disturbance restrictions within the Trout buffer. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-45001 FAX:828-299-7043 One Internet:www.ncwaterquality.org NorthCarollna lrtllP"ll`zl An Equal Opportunity',Affirmative Action Employer Mr.Rudman January 25,2012 Page 2 of 2 Amount Approved (Units) Plan Location or Reference Waters Appx. 0.0841 (acres); Application/sketch Appx. 240 linear feet; . Rip-rap/boulder wall *Refer to Duke Energy guidelines for dry stack boulder wall design Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Susan Wilson in the Asheville Regional Office at (828) 296-4665. Sincerely, Charles ;z*ld, P.E., Director C W/saw Eric: GC3693 Certificate of Completion cc: USACE Asheville Regulatory Field Office—Tyler Crumbley WBSCPU—Karen Higgins Robert Shelton, Jackson County Planning Lisa Leatherman, Duke Energy—Lake Services William Owen, 1407 Wolf Mountain Rd., Tuckasegee,NC 28783 File Copy S:\SWP\Jackson\401s\Non-DOT\Bear Lake Heaven LLC\APRVL.Bear Lake Heaven.I 2012.doc �lf if4�� CtDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 25, 2012 Mr. Michael Hermesmeyer 5 Bluegill Lane Glenville,NC 28736 Subject: 401 Water Quality Certification -Approval Michael Hermesmeyer Property DWQ Project# 11-1073 Jackson County LTN02/Glenville Lake (Thorpe Lake)/2-79-23-(1) /WS-III, HQW, B Dear Mr. Hermesmeyer: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 0.0221 acres of open waters (appx. 60 linear feet of shoreline) for the purpose of stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 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 Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to) Erosion and Sediment Control regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 one Phone:828-296-4500!FAX:828-299-7043 NQ�thCai"41ina Internet:www.ncwaterquality.org al�ltral,1,f An Equal Gpportunity 1 Affrrnative Action Employer Mr.Hermesmeyer January 25,2012 Page 2 of 2 Amount Approved(Units) Plan Location or Reference ' Waters Appx. 0.022 (acres); Application/sketch Appx. 60 linear feet Rip-rap,refer to Duke Energy guidelines Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Susan Wilson in the Asheville Regional Office at (828) 296-4665. Sincerely, off Charles Wakild, P.E., Director C W/saw Enc: GC3693 Certificate of Completion cc: USACE Asheville Regulatory Field Office—Tyler Crumbley WBSCPU—Karen Higgins Robert Shelton, Jackson County Planning Lisa Leatherman,Duke Energy—Lake Services William Owen, 1407 Wolf Mountain Rd., Tuckasegee,NC 28783 File Copy S:\SWP\Jackson\401s\Non-DOT\Hermesmeyer-Glenville stabilWPRVL.Hermesmeyer Prop.l 2012.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary January 26, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 4913 Mr. Joseph M. Moore, Il, E P City of Brevard 95 West Main Street Brevard,North Carolina 28712 SUBJECT: Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1) and Collection System Permit WQCS00084 City of Brevard Brevard Collection System Case No. DV-2012-0006 Transylvania County Dear Mr. Moore: This letter transmits an assessment of civil penalty in the amount of$6,137.00 ($6,000.00 civil penalty+$137.00 enforcement costs) against the City of Brevard. This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow S( SO) 5-Day Report submitted by the City of Brevard(September 23,2011 SSO; 152,020 gallons total of which 123,666 gallons went to Singing Branch; Incident 4 201102050; NOV-2011-DV-0236). This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00084 and G.S. 143-215.1(a)(1). The violation that occurred is summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the City of Brevard violated the terms, conditions or requirements of Collection System Permit WQCS00084 and G.S. 143- 215.1(a)(1) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A, a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against the City of Brevard. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NofthCarolina Phone:828-296-45001 FAX:828-299-7043 Internet: www.ncwaterquality.org Vaturallry An Equal Opportunity\Affirmative Action Employer $6,000.00 1 of 1 violation of North Carolina GS-143-215.1 and Permit# WQCS00084 for a Sanitary Sewer Overflow of untreated wastewater from the collection system. $6,000.00 TOTAL CIVIL PENALTY $137.00 ENFORCEMENT COST $6,137.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over - which the Environmental Management Commission has regulatory authority; and j (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a ,itipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 AND Chuck Cranford, Regional Supervisor Surface Water Protection Section 2090 US Highway 70 Swannanoa,N. C. 28778 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days , following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 AND Mail or hand-deliver a copy of the petition to Mary Penny Thompson, Registered Agent Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 AND Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact the Water Quality Section staff of the Asheville Regional Office at 828-296- 4500. f Chuck CrTtrd, Supervise Division ofWater Quality Asheville Region ATTACHMENTS cc: DWQ Regional Supervisor w/attachments DWQ Central Files w/attachments PERCS Unit Enforcement File w/attachments Public Information Officer S Sl 11'IFrans�I t1=i21 C ol'e- �tart yi.t r rC,LiTti t ,i � ;,> r ,sTATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF TRANSYLVANIA IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS CITY OF BREVARD ) BREVARD COLLECTION SYSTEM ) PERMIT NO. WQCS00084 ) FILE NO DV-2012-0006 Having been assessed civil penalties totaling $6,137.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated January 26,2012,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality with thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV-2012-0006 County: TRANSYLVANIA Assessed Party: CITY OF BREVARD Permit No.: WQCS00084 Amount Assessed: $6,137.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environ-mental damage resulting from the ; violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences), (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: E d a a ° r � F > z d o_ o, tl1 > M Q l) Z _0 0 z LLI O W O� o R •C R N C Rf L z m 0 U to 0 0 0 Q V N F— L r z > N 2 ) Q O w m F- « Q U � z w Q U E d _ E `m a C p O m z L Q I. cm Lca � y � � m d O m 3 o a) > J � a a � 0 'o U) U O O O Z F R a, U 0 U' S oW a 0� 0 F= > r L F- o C, IL z o LLI O CL Al�;TA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary January 26, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 4906 Mr. Joseph M. Moore, II, E P City of Brevard 95 West Main Street Brevard, North Carolina 28712 SUBJECT: Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1) and Collection System Permit WQCS00084 City of Brevard Brevard Collection System Case No. DV-2012-0007 Transylvania County Dear Mr. Moore: This letter transmits an assessment of civil penalty in the amount of$6,137.00 ($6,000.00 civil penalty+$137.00 enforcement costs) against the City of Brevard. This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow S( SO) 5-Day Report submitted by the City of Brevard(November 28,2011 SSO; 219,185 gallons total of which 161,685 gallons went to Singing Branch; Incident# 201102431; NOV-2011-DV-0285). This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00084 and G.S. 143-215.1(a)(1). The violation that occurred is summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the City of Brevard violated the terms, conditions or requirements of Collection System Permit WQCS00084 and G.S. 143- 215.1(a)(1) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A, a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against the City of Brevard. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:: www.ncwaterquality.org ate FAX: .or 299-7043 �Rtlil'q��lf Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer $6,000.00 1 of 1 violation of North Carolina GS-143-215.1 and Permit# WQCS00084 for a Sanitary Sewer Overflow of untreated wastewater from the collection system. $6,000.00 TOTAL CIVIL PENALTY $137.00 ENFORCEMENT COST $6,137.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation;' (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a ,�pulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty'should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form - within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 AND Chuck Cranford, Regional Supervisor Surface Water Protection Section 2090 US Highway 70 Swannanoa,N. C. 28778 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1)i'copy of the petition must be filed with the Office \` , of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 AND Mail or hand-deliver a copy of the petition to Mary Penny Thompson, Registered Agent Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 AND Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Please indicate the case number(as found on page one of this letter)on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact the Water Quality Section staff of the Asheville Regional Office at 828-296- 4500. Chuck Cr ford, Supervisor Division of Water Quality Asheville Region ATTACHMENTS cc: DWQ Regional Supervisor w/attachments DWQ Central Files w/attachments PERCS Unit Enforcement File w/attachments Public Information Officer 5.'Si4f":f'rara,�I�<initrCu(lectinn`i`cfern5 tistvsrii t:'i)IleGtinn'iti-sCent.t)V-?Ul2-{H){)7.cinc 1 ATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF TRANSYLVANIA IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS CITY OF BREVARD ) BREVARD COLLECTION SYSTEM ) PERMIT NO. WQCS00084 ) FILE NO DV-2012-0007 Having been assessed civil penalties totaling $6,137.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated January 26,2012, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality with thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV-2012-0067 County: TRANSYLVANIA Assessed Party: CITY OF BREVARD Permit No.: WQCS00084 Amount Assessed: $6,137.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed)., (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: E C CL w a a — r z o m 0 0 � o U) > t Q 0 Z _O C7 z _ aI O W od Q Q N 0� fQ �C l4 y C lC L z 0 U ti O O O Q O N � L O > W d > � m 0 Q O W Q V Z) Z W cn U E d vi E CO) n C :o O ca v z t O 0 U a m 21 � U t w 5D W O m � o > J � Q LL aa) Q fn O C Q O CO co O U O Z H N C 00 O i=a Oft o � i o d F' z o 0 a NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary January 26, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 '1870 0003 0875 4890 Mr. Joseph M. Moore, II, E P City of Brevard 95 West Main Street Brevard,North Carolina 28712 SUBJECT: Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215,1(a)(1) and Collection System Permit WQCS00084 City of Brevard Brevard Collection System Case No. DV-2012-0005 Transylvania County Dear Mr. Moore: This letter transmits an assessment of civil penalty in the amount of$6,137.00 ($6,000.00 civil penalty+ $137.00 enforcement costs) against the City of Brevard. This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow S( SO) 5-Day Report submitted by the City of Brevard(April 16,2011 SSO; 116,088 gallons total of which 101,088 gallons went to Singing Branch; Incident# 201100989; NOV-2011-DV-0142). This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00084 and G.S. 143-215.1(a)(1). The violation that occurred is summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the City of Brevard violated the terms, conditions or requirements of Collection System Permit WQCS00084 and G.S. 143- 215.1(a)(1) in the manner and extent shown in.Attachment A. In accordance with the maximums established by G.S. 143-215.6A, a civil penalty maybe assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against the City of Brevard. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 No thCarohna Phone:828-296-450M FAX:828-299-7043 //� Internet: www.ncwaterquality.org �atKf,r�L` An Equal Opportunity 1 Affirmative Action Employer $6,000.00 1 of 1 violation of North Carolina GS-143-215.1 and Permit# WQCS00084 for a Sanitary Sewer Overflow of untreated wastewater from the collection system. $6,000.00 TOTAL CIVIL PENALTY $137.00 ENFORCEMENT COST $6,137.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law'and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement ptocedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or;mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a ;cipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing,and Stipulation of Facts"form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 AND Chuck Cranford, Regional Supervisor Surface Water Protection Section 2090 US Highway 70 Swannanoa,N. C. 28778 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 AND Mail or hand-deliver a copy of the petition to Mary Penny Thompson, Registered Agent Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 AND Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 i Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact the Water Quality Section staff of the Asheville Regional Office at 828-296- 4500. ,, Chuck Craddord, Supervisor Division of Water Quality Asheville Region ATTACHMENTS cc: DWQ Regional Supervisor w/attachments DWQ Central Files w/attachments PERCS Unit Enforcement File w/attachments Public Information Officer 4. �...'..-I nal .'k-ti1€1 C olli"t jolt S,"Aet!I, BreN,iIr l C.3;lk.zt€kill S\ PATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF TRANSYLVANIA IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS CITY OF BREVARD } BREVARD COLLECTION SYSTEM ) PERMIT NO. WQCS00084 ) FILE NO DV-2012-0005 Having been assessed civil penalties totaling $6,137.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated January 26, 2012, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality with thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV-2012-0005 County: TRANSYLVANIA Assessed Party: CITY OF BREVARD Permit No.: WQCS00084 Amount Assessed: $6,137.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: .E ro a a ca o L 0 �_ � (Q .Q tl1 0 Z _O 0 z W oW O� o R R > T N C R L z m O LO O O O Q a L R O - W > N � m Q C W co Q U Z w Q U E d _ � E U) o C � O m d z t 0 2 3 a � rn 'E v c > W y L O O m 3 H m J O a LL 0 y Q � O Q O U) Go U O O Z V a 00 O �W Z O H a r w 0 a \: �,/ /� ���-..J y fn WDER North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary January 26, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 4876 Mr. Joseph M. Moore, II, E P City of Brevard 95 West Main Street Brevard,North Carolina 28712 SUBJECT: Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1) and Collection System Permit WQCS00084 City of Brevard Brevard Collection System Case No. DV-2012-0003 Transylvania County Dear Mr. Moore: This letter transmits an assessment of civil penalty in the amount of$3,137.00 ($3,000.00 civil penalty+ $137.00 enforcement costs) against the City of Brevard. This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow S( SO) 5-Day Report submitted by the City of Brevard (February 01-02,2011 SSO; 33,168 gallons total of which 33,168 gallons went to Singing Branch; Incident# 201100449; NOV-2011-DV-0055). This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00084 and G.S. 143-215.1(a)(1). The violation that occurred is summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the City of Brevard violated the terms, conditions or requirements of Collection System Permit WQCS00084 and G.S. 143- 215.1(a)(1) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A, a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment against the City of Brevard. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna Phone:828-296-450M FAX:828-299-7043 Intemet: www.ncwaterquality.org �atura!!r� An Equal Opportunity`,Affirmative Action Employer $3,000.00 1 of 1 violation of North Carolina GS-143-215.1 and Permit# WQCS00084 for a Sanitary Sewer Overflow of 33,168 gallons of untreated wastewater from the collection system on 02/01/2011. $3,000.00 TOTAL CIVIL PENALTY $137.00 ENFORCEMENT COST $3,137.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed .statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors inNCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing.. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request.considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing,and Stipulation of Facts"form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 AND Chuck Cranford, Regional Supervisor Surface Water Protection Section 2090 US Highway 70 Swannanoa,N. C. 28778 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 AND Mail or hand-deliver a copy of the petition to Mary Penny Thompson, Registered Agent Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 AND Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center = Raleigh,NC 27699-1617 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact the Water Quality Section staff of the Asheville Regional Office at 828-296- 4500. Chuck ranford, Supervisor' Division of Water Quality Asheville Region ATTACHMENTS cc: DWQ Regional Supervisor w/attachments DWQ Central Files w/attachments PERCS Unit Enforcement File w/attachments Public Information Officer oTATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF TRANSYLVANIA IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS CITY OF BREVARD ) BREVARD COLLECTION SYSTEM ) PERMIT NO. WQCS00084 ) FILE NO DV-2012-0003 Having been assessed civil penalties totaling $3,137.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated January 26, 2012,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality with thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST A DWQ Case Number: DV-2012-0003 County: TRANSYLVANIA Assessed Party: CITY OF BREVARD Permit No.: WQCS00084 Amount Assessed: $3,137.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: E a a ° z 0 L J O III � L N Z O 0 z w OW CN H QO O� O R �C R T N C R L z m O U M O O O R O 9 N Q V � z W Q U E G1 _ N a C 'o O a+ > d 'o z r 0 o 3 Q IL L U o R N W N L G 0 m 3 ~ > J � a LL LU � Q � O U) w O U) � U O O O Z O F CO) = �O U O OFW Z O > o d w 0 IL ri ,� ,` ' - " f- ��.> _,, `��, NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary January 26, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 4883 Mr. Joseph M. Moore, II, E P City of Brevard 95 West Main Street Brevard,North Carolina 28712 SUBJECT: Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1) and Collection System Permit WQCS00084 City of Brevard Brevard Collection System Case No. DV-2012-0004 Transylvania County f Dear Mr. Moore: This letter transmits an assessment of civil penalty in the amount of$9,137.00 ($9,000.00 civil penalty + $137.00 enforcement costs) against the City of Brevard. This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow S( SO) 5-Day Report submitted by the City of Brevard(March 6 & 9 & 9,2011 SSOs; 678,508 gallons total of which 123,666 gallons went to Singing Branch; 94,942 gallons to Jumpin' Branch; 379,000 gallons to Lambo Creek; Incidents #201100705,201100539 & 201100538; NOV-2011-DV-0119 ). This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00084 and G.S. 143-215.1(a)(1). The violation that occurred is summarized in Attachment.A to this letter. Based upon the above facts, I conclude as a matter of law that the City of Brevard violated the terms, conditions or requirements of Collection System Permit WQCS00084 and G.S. 143- 215.1(a)(1) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A, a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional _ Supervisor for the Asheville Region, hereby make the following civil penalty assessment against the City of Brevard. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE On..e�L, 1 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOl thCarolina. Phone:: www.ncwaterquality.org FAX: 99 7043 ����N��/� Internet: www.ncwaterquality.org ` ` An Equal Opportunity 1 Affirmative Action Employer $9,000.00 3 of 3 violations of North Carolina GS-143-215.1 and Permit# WQCS00084 for Sanitary Sewer Overflows of untreated wastewater from the collection system. $9,000.00 TOTAL CIVIL PENALTY $137.00 ENFORCEMENT COST $9,137.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; _ (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you musi do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources(do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violations) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing,and Stipulation of Facts"form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 AND Chuck Cranford,Regional Supervisor Surface Water Protection Section 2090 US Highway 70 Swannanoa,N. C. 28778 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 AND Mail or hand-deliver a copy of the petition to Mary Penny Thompson, Registered Agent Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 AND Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact the Water Quality Section staff of the Asheville Regional Office at 828-296- 4500. Chuck Cr ord, Supervisor Division of Water Quality Asheville Region ATTACHMENTS cc: DWQ Regional Supervisor w/attachments DWQ Central Files w/attachments PERCS Unit Enforcement File w/attachments Public Information Officer ',W[111 1ail.;I an i"11CALLnmrl.s�:;ton 131C1 arc,Colh,Cl E n S ts.i( . "?,P 1 iA..tic; JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV-2012-0004 County: TRANSYLVANIA Assessed Party: CITY OF BREVARD Permit No.: WQCS00084 Amount Assessed: $9,137.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES v\ COUNTY OF TRANSYLVANIA � r IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS CITY OF BREVARD ) BREVARD COLLECTION SYSTEM ) PERMIT NO. WQCS00084 ) FILE NO DV-2012-0004 Having been assessed civil penalties totaling $9,137.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated January 26, 2012. the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality with thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE E E C C 0 a a a Wa. v a a Z 3 3 3 O� Q 0 0 0 J m m O N N_ _N Z 0 , 0 Z O Q (0 m 0) O O O O_O O O Cl 7 IC T C L Z O U 0 0 0 W � MML G W Q O W y�r m Q U � Z W U Q U E >. € E a) d (D a a n O v -o -o O cc m U 0 0 0 O Z L L C O O _- 3 3 U a. V ° rn rn rn L R U U U U W N N N L G 0 0 O m 3 3 3 0 0 0 -� O O O aLU a w (n (n 0 0 0 PQ `O 0 0O le U U U co O 0 O Z O - U C1 O O Z w O f- } w d Q Co 0 CD 0 a r w 0 o 0 0 a (� �i ri 'A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 26, 2012 Ms. Deborah Harrell, President Days Inn of Candler, Inc. 2551 Smokey Park Highway Candler, North Carolina 28715 Subject: NOTICE OF VIOLATION NOV-2012-LV-0067 Permit No. NCO025933 Days Inn West WWTP Buncombe County Dear Ms. Harrell: A review of Days Inn West WWTP's monitoring,report for July 2011 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 07/13/2011 400#/100ml 600#/100ml Daily Maximum Broth,44.5C Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Chuck Cran ord, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James &James Environmental/ORC S:\SWP\BLincombelWastewater;Minors\Days Inn West 25933\NOV-2012-i_V-0067.doc NoiihCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterauality.org FAX (828)299-7043 �\ �''''... 1\//_ \ `�� ��� A"in MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 26, 2012 Mr. Gary A. Williams The Wilds Christian Association Inc. 1000 Wild's Ridge Road Brevard, North Carolina 28712-7273 Subject: NOTICE OF VIOLATION NOV-2012-LV-0068 Permit No. NCO024376 The Wilds Christian Camp WWTP Transylvania County Dear Mr. Williams: A review of The Wilds Christian Camp's WWTP monitoring report for July 2011 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 07/12/2011 400#/100ml 600#/100ml Daily Maximum Broth,44.5C Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, -117 Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files S,StillPiTransylva;iia\ ul Wasteatertifdiinorsii ire Wilds 24376\NOV-2012-LV-0068.doc one NorthCarolina NWATa!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org FAX (828)299-7043 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 26, 2012 Mr. Paul Demick, Chief Financial Officer Indian Creek Resort LLC 3340 Peachtree Road N.E. Atlanta, Georgia 30326 Subject: NOTICE OF VIOLATION NOV-2012-LV-0069 Permit No. NCO065889 Indian Creek Resort WWTP Transylvania County Dear Mr. Demick: A review of Indian Creek Resort WWTP's monitoring report for June 2011 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 06/08/2011 400#/100ml 1,120#1100mI Daily Maximum Broth,44.5C Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Chuck Craia#°ord, Regional Supervisor Surface Water Protection Section CC' DWQ Asheville Files DWQ Central Files Goldie &Associates/ORC S:\SVVP;Transylvan al,VklastewateFiTvEinors\indiar2 Creek-Catatoga 6588uale 0V-2012-L -0©69.doc NoAhCarodna North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.newaterguality.org FAX (828)299-7043 �/ �� \_�� f /l� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 26, 2012 Ms. Karen E. Andrews, Town Manager Town of Rutherfordton 129 North Main Street Rutherfordton, North Carolina 28139 Subject: NOTICE OF VIOLATION NOV-2012-LV-0066 Permit No. NCO025909 Rutherfordton WWTP Rutherford County Dear Ms. Andrews: A review of Rutherfordton WWTP's monitoring,report for June 2011 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Cyanide, Total (as Cn) 06/11/2011 11 ug/l 12 ug/I Weekly Average Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 8281296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files - DWQ Central Files Jerry Alexander/ORC S.\SWP\Rutherford\Wastewater\Municipal\Ruttierfordtori WWTP 25909\NOV-2012-LV-0066.doc NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterauality.org FAX (828)299-7043 \\ j�- �' //i i-- 1/� i A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 27, 2012 Mr. James Rice Eaven Brice Partnership 329 Emma Road Asheville, North Carolina 28806 Subject: NOTICE OF VIOLATION NOV-2012-LV-0076 Permit No. NCO067342 North View Mobile Home Park WWTP Buncombe County Dear Mr. Rice: A review of North View Mobile Home Park's WWTP monitoring report for July 2011 showed the following violation: Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day (20 Deg. C) - 07/21/2011 45 mg/I 55 mg/I Daily Maximum Concentration Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Chuck Cttford, Regional Supervisor Surface,Water Protection Section i cc: DWQ Asheville Files DWQ Central Files James Queen/ORC S:1SWP1BuncombelWastewater\Minors\North View NIHP 673421NOV-2012-LV-0076.doc NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org FAX (828)299-7043 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 27, 2012 Mr. Will Rucker, LFMC POA President Linville Falls Club Property Association Inc. P.O. Box 145 Linville Falls, North Carolina 28647 Subiect: NOTICE OF VIOLATION Permit No. NCO080098 Linville Falls Mountain Club and Preserve WWTP McDowell County Dear Mr. Rucker: A review of Linville Falls Mountain Club and Preserve's WWTP monitoring report for August 2011 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Solids, Total Suspended - 08/23/2011 7.5 mg/I 8.3 mg/I Daily Maximum Concentration Exceeded BOD, 5-Day (20 Deg. C) - 08/31/2011 5 mg/I 5.92 mg/I Monthly Average Concentration Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violations, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James & James Environmental/ORC S:tSWP1McDowell\WastewaterlMnors\Blue Ridge Country Club 800981NOV-2012-LV-0075.doc NorthCarolina Natumlly North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org FAX (828)299-7043 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 27, 2012 Mr. Will Rucker, LFMC POA President Linville Falls Club Property Association Inc. P.O. Box 145 Linville Falls, North Carolina 28647 Subject: ' NOTICE OF VIOLATION NOV-2012-LM-0002 Permit No. NCO080098 Linville Falls Mountain Club and Preserve WWTP McDowell County Dear Mr. Rucker: A review of Linville Falls Mountain Club and Preserve's WWTP monitoring report for July 2011 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Solids, Total Suspended - 07/19/2011 7.5 mg/I 11.3 mg/I Daily Maximum Concentration Exceeded Parameter Date Measuring Violation Frequency DO, Oxygen, Dissolved Week ending 7/02/2011 Weekly Failure to Monitor DO, Oxygen, Dissolved Week ending 07/09/2011 Weekly Failure to Monitor If the above parameter for DO was left off inadvertently,please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions,please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Chuck Cray ord, Regional g Supervisor Surface Water Protection Section -" cc: DWQ Asheville Files DWQ Central Files James&James Environmental/ORC S:1SWPlMcDowell\Wastewater�MinorslBlue Ridge Country Club 800981NOV-2012-LM-0002.doc NoithCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org FAX (828)299-7043 �� �' ��� i� � i-_ �i e NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 27, 2012 Ms. Cathy Childrey Mizpah Healthcare Inc. P.O. Box 1029 Marion, North Carolina 28752-1029 Subject: NOTICE OF VIOLATION NOV-2012-LV-0073 Permit No. NCO071897 Henderson's Assisted Living WWTP Henderson County Dear Ms. Childrey: A review of Henderson's Assisted Living WWTP's monitoring report for Auclust 2011 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 08/17/2011 400#/100ml 600#/100ml Daily Maximum Broth,44.5C Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Chuck Cra ord, Regional Supervisor Surface Water Protection Section CC' DWQ Asheville Files DWQ Central Files James & James Environmental/ORC S:tSWPtHenderson\Wastewater\MinorstHenderson's Assisted Living 7139711NOV-2012-1-V-0073.doc NoithCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org FAX (828)299-7043 N'CDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 27, 2012 Mr. Ron Shemesh, CEO Excelsior Packaging Group 1379 Old Rosman Highway Brevard, North Carolina 28712 Subject: NOTICE OF VIOLATION NOV-2012-MV-0008 Permit No. NC0000108 Excelsior Packaging Group WWTP Transylvania County Dear Mr. Shemesh: A review of Excelsior Packaging Group's WWTP monitoring report for July 2011 showed the following violation: Parameter Date Measuring Violation Frequency Chlorine, Total Residual Week ending 2 X/Week Failure to Monitor 07/16/2011 It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 82812964500. Sincerely, Chuck Cranfbfd, Regional Supervisor _ Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files S:tSWP\Transylvania!V'lastewater':lv4inors,Ex�lsior 00108\NCV-201 2-M{f-��008,doc NorthCarolina Aaturallbl North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterauality.ora FAX (828)299-7043 \\ j_- \`���i \__i A' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 27, 2012 Mr. Ron Shemesh, CEO Excelsior Packaging Group 1379 Old Rosman Highway Brevard, North Carolina 28712 Subject: NOTICE OF VIOLATION NOV-2012-LV-0071 Permit No. NC0000108 Excelsior Packaging Group WWTP Transylvania County Dear Mr. Shemesh: A review of Excelsior Packaging Group's WWTP monitoring report for August 2011 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 08/03/11 400#/100ml 490#/100ml Daily Maximum Broth,44.5C Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James & James Environmental/ORC S 1ST,P',ji lransvivania,14X,'astewater\Miinors,Excelsior 00108;I+1OV-2012--V-00 1.doc NoithCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org FAX (828)299-7043 \� �_�� �. %�_ \�`1 AS_`W4' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild; P.E. Dee Freeman Governor Director Secretary January 27, 2012 Mr. Ron Shemesh, CEO Excelsior Packaging Group 1379 Old Rosman Highway Brevard, North Carolina 28712 Subject: NOTICE OF VIOLATION NOV-2012-LV-0072 Permit No. NC0000108 Excelsior Packaging Group WWTP Transylvania County Dear Mr. Shemesh: A review of Excelsior Packaging Group's WWTP monitoring report for September 2011 showed the following violation: Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day (20 Deg. C) - 09/08/2011 45 mg/I 48 mg/I Daily Maximum Concentration Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, 11,17 Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James &James Environmental/ORC S:'•,SWP,,Transylvania\IJV@stewater',MinorstExcelsior 00 1 08,NOV-20'1 2-LV-0072.doc NorthCarolina ,1Vatura!!r, North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwatergualitv.org FAX (828)299-7043 xv NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 27, 2012 Mr. Gerald Jerry Nash Fletcher Academy Inc. P.O. Box 5335 Fletcher, North Carolina 28732 Subject: NOTICE OF VIOLATION NOV-2012-LV-0070 Permit No. NCO036641 Fletcher Academy WWTP Henderson County Dear Mr. Nash: A review of Fletcher Academy WWTP's monitoring report for August 2011 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 08/15/2011 400#/100ml 600#%100ml Daily Maximum Broth,44.5C Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 8281296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James &James Environmental/ORC S:1,SVVPiH end ersontWastewater\MinorsTletcher Academy 36641iN0V-2012-LV-0070,doc .011e Carolina ,1Natumliff North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterouality.org FAX (828)299-7043 i a� A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 27, 2012 Mr. Thomas W. Kilpatrick Etowah Sewer Company P.O. Box 1659 Etowah, North Carolina 28729 Subject: NOTICE OF VIOLATION NOV-2012-LV-0074 Permit No. NCO071323 Etowah Sewer Company WWTP Henderson County Dear Mr. Kilpatrick: A review of Etowah Sewer Company WWTP's:monitoring report for August 2011 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 08/30/2011 400#/100ml 600#/100ml Daily Maximum Broth,44.5C Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4600. Sincerely, alz i�fl Chuck Cranford, Regional Supervisor Surface Water Protection Section - cc: DWQ Asheville Files DWQ Central Files S:1SWP1HendersonlWastewaterlMinorslEtowah Sewer 71323MV-2012-I-V-0074.doc North Carolina �lltlfCll��j� North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterauality.org FAX (828)299-7043 +T;� w►�® NCDEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 27,2012 Mr.J.B. Setzer, P.E. Division 14 Engineer N.C. Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection-NCSR 1145 Shoal Creek Road DWQ Project 11-0495 Cherokee County Dear Mr. Setzer: On January 25, 2012, I inspected the construction work on NCSR 1145, Shoal Creek Road in Cherokee County. It appears that most of the construction has been completed: however, sediment and erosion control measures continue to be maintained. Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached to this letter. If you have questions,please call me at 828-296-4500. Sincerely, 6L& Michael R.Parker Environmental Senior Specialist Attachment cc: Mark Davis,Division 14, DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office (Setter)NCSR 1145 Shoal Ck.Road Inspection Letter January 2012 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-4500 V FAX:828-299-7043 One Customer Service:1-877-623-6748 Nor thCarolina Internet:www.ncwaterguality.org f An Equal Opportunity 1 Affirmative Action Employer Aahll'R'4 Wetland Inspection Report Project Num: 20110495 Version: 1 Status: Issued �\ Project Name: NCDOT-SR 1145 Project Type: Road maintenance/repair/improvements County: Cherokee Region: Asheville Location: NCDOT-SR 1145 Latitude: +35°03'40" Longitude: -84°15'51" SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 01/25/2012 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: n Compliant 0 Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: Permit(401 WQC) Inspection Summary: Project Num: 20110495 Owner: NC DOT PDEA Inspection Date: 01/25/2012 Inspection Type: Site Inspection(DOT) Reason for Visit: Routine Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ 0 ❑ 0 Are the culverts and/or filled areas installed properly? 0 ❑ ❑ 0 Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n ■ Q n Comment: At Site 5 some sediment getting into stream. Downstream roadway embankment should be reseeded. At Site 6 on the upstream side of the roadway sediment is being removed from % sediment trap and placed in wetland. This material is getting back into stream. Additional seeding is need on the northern section of the roadway. Roadway embankments are eroding. A T;�JL) RCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 27, 2012 Mr.J. B. Setzer, P.E. Division 14 Engineer N.C.Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection R-3622-AB NC Highway 294 DWQ Project 08-076V.2 Cherokee County Dear Mr. Setzer: On January 25,2012, I inspected the construction work on NC Highway 294 in Cherokee County. Heavy construction and grading are underway for the road widening project. Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached to this letter. If you have questions,please call me at 828-296-4500. Sincerely, Michael R. Parker Environmental Senior Specialist Attachment cc: Trent Anderson,P.E. Mark Davis,Division 14,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office (Setzer)R-3622-AB NC Highway 294 Inspection Letter January 2012 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 One Customer Service:1-877-623-6748 NorthCarolina Internet:www.ncwaterguality.org An Equal Opportunity Affirmative Action Employer atttrall A �� �� ,- __ �. __ Wetland Inspection Report Project Num: 20080762 Version: 2 Status: Issued Project Name: NCDOT-Bridge No.50 on NC 294(R-3622AA) Project Type: Road maintenance/repair/improvements County: Cherokee Region: Asheville Location: NCDOT-Bridge No.50 on NC 294(R-3622AA) Latitude: Longitude: SW Plan Location: Site Owner Name: NC DOT Division 14-Sylva Inspection Date: 01/25/2012 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: n Compliant E Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: Permit(401 WQC) Inspection Summary: Page: 1 Project Num: 20080762 Owner: NC DOT Division 14-Sylva Inspection Date: 01/25/2012 Inspection Type: Site Inspection(DOT) Reason for Visit: Routine Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ (_l 0 0 Are the culverts and/or filled areas installed properly? ■ 0 ❑ 0 Is the site compliant with additional conditions of the 401 WQC or non 404 permit? 0 ■ ❑ n Comment: Crossing the stream above Site 2 with construction equipment should be discontinued. Stream banks should be repaired and silt fence repaired or installed. Some seeding and mulching needs to be performed. One specific site is located on the fill slope on the opposite side of NC 294 across from the trash collection area. Page: 2 T;10 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 27,2012 Mr.J.J. Swain,Jr.,P.E. Division 13 Engineer N.C.Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Inspection-US Highway 221 DWQ Project 08-1809 Individual Certification No. 3784 TIP Nos. R-2233AA and AB Sections Rutherford County Dear Mr. Swain: On January 9,2012,I inspected the construction work on the US Highway 221 Project,R-2233AA and AB Sections, in Rutherford County. Construction continues along most of the project with heavy grading,bridge construction,pipe installation and roadbed preparation. Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection reports for any specific items noted during the inspection. If you have questions,please call me at 828-296-4500. Sincerely, le r 0Q_ Michael R. Parker Environmental Senior Specialist Attachment cc: Brian C. Skeens,PE Roger Bryan,Division 13,DEO Ed Ingle,Roadside Environmental(electronic copy) Transportation Permitting Unit Mike Parker,Asheville Regional Office US Highway 221 January 2012 hispection Letter SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-4500\FAX:828-299-7043 One Customer Service:1-877-623-6748 NorthCa.rolina Internet:www.ncwaterpuality.org _`����� An Equal Opportunity 1 Affirmative Action Employer Natz \�i �-� �....: � -_, /� Wetland Inspection Report Project Num: 20081809 Version: 1 Status: Issued Project Name: NCDOT-US 221 (R-2233a) Project Type: Road/Highway Widening County: Rutherford Region: Central Location: NCDOT-US 221 (R-2233a) Latitude: +35'12'21" Longitude: -81°50'18" SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 01/09/2012 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: 0 Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: N Permit(401 WQC) Inspection Summary: Page: 1 Project Num: 20081809 Owner: NC DOT PDEA Inspection Date: 01/09/2012 Inspection Type: Site Inspection(DOT) Reason for Visit: Routine Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ 0 0 0 Are the culverts and/or filled areas installed properly? 0 Cl 0 0 Is the site compliant with additional conditions of the 401 WQC or non 404 permit? 0 ❑ 0 Comment: There are several areas that need seeding and matting. In the median across from the Devere Construction Office and in the median near the DOT Construction Office. Also, there were some areas noted on the west side of US 221 adjacent to the new railroad line construction where sediment was being lost. Particular attention should be placed on areas draining to the Parris pond. Page: 2 4 •....,. ...wla NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E, Dee Freeman Governor Director Secretary January 31, 2012 Mr. Jerry Sisk, Plant Engineer Coats American P.O. Box 368 Marion, N.C. 28752 Subject: Technical Assistance 'Follow-up' Inspection Coats North American, WWTP NPDES Permit No. NC0004243 Dear Mr. Sisk: McDowell County Janet Cantwell and I of the Asheville Regional Office conducted a Technical Assistance Inspection 'Follow-up' of the NPDES system that serves the Coats American-Sevier Finishing Plant WWTP on January 18, 2012. The reason for the Technical Assistance follow-up was to review areas of the WWTP system that have caused the NPDES permit 'non-compliance' the facility experienced during the early part of 2011, and the remedies that are implemented to correct the non- compliance. The assistance and cooperation of Mr. Phillip Pittman and Ms. Sara Hudgins in conducting the Technical Assistance was greatly appreciated. Based on records reviewed, on-site discussions with Phillip and Sara, the Coats American WWTP NPDES system was determined to be in compliance with permit NC0004243. A report is attached for your records and findings are summarized. Site/System Review The current WWTP NPDES System consists of an equalization basin, aeration basin,2 secondary clarifiers , a chlorine contact basin with de-chlorination, and effluent post aeration. During the Inspection the discharge observed going into the receiving stream designated as 'North Fork of the Catawba River' in the Catawba River Basin, did not appear to be causing a negative impact, nor were there any indication of foam or visible solids in the discharge. Suggestions/Recommendations The current Solids accumulation in the aeration basin system appears to be more uniform and well mixed with the implementation of the diffused aeration system and the `Attached Growth' "Bug- Houses"that have been implemented by Phillip and Sara. Several of the current 'floating' aeration system could be used in the EQ basin prior to the Aeration Basin to provide some aeration and -- mixing prior to being entered into the Aeration Basin. North Carolina Division of Water Quality,Asheville Regional Office Location:2090 U.S.Hwy.70,Swannanoa,North Carolina 27107 One t, Phone:828-296-45001 FAX:828-299-7043 � North Carolina 01117.c� Internet:www.ncwaterquality.org �lrtllra��l� An Equal Opportunity l Affirmative Action Employer i L Coats North American,WWTP Discharge Permit#NC0004243 T/A Follow-up, Page 2 of 2 On-site observations of the 2 secondary clarifiers still indicate extensive deterioration of the effluent weirs and baffles allowing 'pin-floc' suspended solids to be discharged from the system. On-site indications revealed Coats has received the 'new' fiberglass weirs, but time and staffing requirements have not allowed installation as of the date of this follow-up. The clarifier weir and baffle situation presents maintenance issues in addition to causing deterioration of the final effluent. Please review this condition and try to get the new weirs and baffles installed. The situation can definitely create conditions that support non-compliance with NPDES permit conditions. Also, Coats requested a NPDES permit 'modification' that reflected current production rates more accurately, than the NPDES permit issued in 2010. On-site discussions with Coats staff indicated implementation of the permit conditions and limitations upon its becoming effective in February 2012. If there are questions or additional information is needed regarding system operation, maintenance, or a NPDES System permit question, please let me know. Thank you for the opportunity to conduct this Technical Assistance Inspection. Sincerely, Donald R. Price, CET Waste Water Treatment Plant Consultant Asheville Regional Office Division of Water Quality Attachments: CC: ARO - SWP Central Files Phillip Pittman —Coats American, Sevier Finishing Plant S:\SWP\McDowell\Wastewater\Industrial\Coats 04243\Coats American WWTP TA Followup ILtr 2012.doc United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Wqtpr Complianrp 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 INI 2 15 I 31 NC0004243 111 121 12/01/18 ' 17 18'DI 191 S 1 20� I ! Remarks -f _! 21111IIIIIIIIIIIIIIIIIIIIIIIIIIII11111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA ---------------------------Reserved---------------------- 67I 169 70131 71 I I 72'N I 73I I 174 751 I I I I I I 180 Section B: Facility Data t— I_LJ Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Sevier Plant 01:00 PM 12/01/18 10/02/01 US Hwy 221 N Exit Time/Date Permit Expiration Date Marion NC 28752 02:30 PM 12/01/18 14/12/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Phillip Charles Pittman/ORC/828-756-4111/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Jerry Sisk,PO Box 368 Marion NC 28752//! No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 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 Insp r(s) Agency/Office/Phone and Fax Numbers DateOF Janet Cantwel'o ARO WQ//828-296-4500 Ext.4667/ Don Price - ��- ARO WQ//828-296-4500/ �A Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont. 1 3 NC0004243 111 12I 12/01/18 117 18I DI \ Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Janet Cantwell and I of the Asheville Regional Office conducted a Technical Assistance Inspection 'Follow-up' of the NPDES system that serves the Coats American-Sevier Finishing Plant WWTP on January 18, 2012. The reason for the Technical Assistance follow-up was to review areas of the WWTP system that have caused the NPDES permit'non-com pl iance'the facility experienced during the early part of 2011, and the remedies that are implemented to correct the non-compliance. The assistance and cooperation of Mr. Phillip Pittman and Ms. Sara Hudgins in conductingthe,7,echnical�ssistance was greatly appreciated. Based on records reviewed, on-site discussions with Phillip and Sara, the Coats American WWTP NPDES system was determined to be in compliance with permit'NC0004243. A report is attached for your records and findings are summarized. Site/System Review The current WWTP NPDES System consists of an equalization basin, aeration basin,2 secondary clarifiers , a chlorine contact basin with de-chlorination, and effluent post aeration. During the Inspection the discharge observed going into the receiving stream designated as 'North Fork of the Catawba River' in the Catawba River Basin, did not appear to be causing a negative impact, nor were there any indication of foam or visible solids in the discharge. Suggestions/Recommendations The current Solids accumulation in the aeration basin system appears to be more uniform and well mixed with the implementation of the diffused aeration system and the 'Attached Growth' "Bug-Houses"that have been implemented by Phillip and Sara. Several of the current'floating' aeration system could be used in the EQ basin prior to the Aeration Basin to provide some aeration and mixing prior to being entered into the Aeration Basin. On-site observations of the 2 secondary clarifiers still indicate extensive deterioration of the effluent weirs and baffles allowing 'pin-floc' suspended solids to be discharged from the system. On-site indications revealed Coats has received the 'new'fiberglass weirs, but time and staffing requirements have not allowed installation as of the date of this follow-up. The clarifier weir and baffle situation presents maintenance issues in addition to causing deterioration of the final effluent. Please review this condition and try to get the new weirs and baffles installed. The situation can definitely create conditions that support non-compliance with NPDES permit conditions. Also, Coats requested a NPDES permit'modification'that reflected current production rates more accurately, than the NPDES permit issued in 2010. On-site discussions with Coats staff indicated implementation of the permit conditions and limitations upon its becoming effective in February 2012. If there are questions or additional information is needed regarding system operation, maintenance, or a NPDES System permit question, please let me know. Thank you for the opportunity to conduct this Technical Assistance Inspection. ,ter Page# 2 Permit: NC0004243 Owner-Facility: Sevier Plant Inspection Date: 01/18/2012 Inspection Type: Technical Assistance Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? 0 ❑ 0 ❑ #Are there any special conditions for the permit? 0 ❑ ❑ ❑ Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Permit modification was requested by facility based upon production changes. Modification(s) included changes to permit limitations, were 'Public Noticed', and should become effective in February 2012. Page# 3 WA �00 .. ; NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality - Beverly Eaves Perdue Charles Wakiid, P.E. Dee Freeman Governor Director Secretary January 31, 2012 Cherokee County DWQ Project 20120071 NCSR 1146 (Baker Road) Approval of 401 Water Quality Certification with Additional Conditions Mr. J. B. Setzer,P.E. Division 14 Engineer North Carolina Department of Transportation 253 Webster Road Sylva,North Carolina, 28779 Dear Mr. Setzer: You have our approval, in accordance with the conditions listed below,for the following impacts in two(2)unnamed tributaries of Rocky Ford Creek for the purpose of widening and making improvements to NCSR 1146(Baker Road) in � . Cherokee County: Stream Impacts in the Hiwassee River Basin Site Permanent Fill Stream Permanent Temporary Total Stream in Intermittent Relocation Fill in Impacts in Stream Impacts Stream(linear (linear ft) Perennial Perennial Impact Requiring ft) Stream Stream (linear ft) Mitigation linear ft linear ft linear ft Site 1 0 90 0 115 205 90 Site 2 0 0 20 70 90 0 Total 1 0 1 90 1 20 185 295 1 90 Total Permanent Stream Impacts for Project: 1101in.ft.Total Temporary Stream Impacts for Project: 185 linear ft. The project should be constructed in accordance with your application dated January 18, 2012 (received January 25, 2012), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3820, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition,you should acquire any other federal, state or local permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone: 0 FAX:$28 299-7043 ,atura!!r� Internet:: www,ncww.ncwaterquality.org An Equal Opportunity Affirmative Action Employer Mr. J. B. Setzer, P.E. January 31, 2012 Page Two This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future)exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h)(6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s) of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads,to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation.and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, ant maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control, Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 5. NCDOT will need to adhere to all appropriate in-water work moratoria(including the use of pile driving or vibration techniques)prescribed by the North Carolina Wildlife Resources Commission. .itr.J. B. Setzer,P.E. January 31, 2012 Page Three 6. Channel relocations shall be completed and stabilized,and approved on site by DWQ staff,prior to diverting water into the new channel. Stream banks shall be matted with coir-fiber matting. Vegetation used for bank stabilization shall be limited to native riparian vegetation, and should include establishment of a vegetated buffer on both sides of the relocated channel to the maximum extent practical. Also,rip-rap may be allowed if it is necessary to maintain the physical integrity of the stream,but the applicant must provide written justification and any calculations used to determine the extent of rip-rap coverage requested. Once the stream has been turned into the new channel, it may be necessary to relocate stranded fish to the new channel to prevent fish kills. 7. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 8. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 9. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 10. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 11. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 12. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 13 Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 14. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 15. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels,lubricants,hydraulic fluids, or other toxic materials. 16. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 18 If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 19. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 20. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 21. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 22. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. Mr.J. B. Setzer,P.E. \ January 31, 2012 Page Four 23. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 24. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use) or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 25. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 26. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 27. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings,6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, Charles Wakild,P.E.,Director Division of Water Quality cc: Lori Beckwith,USAGE,Asheville Field Office Mark Davis,Division 14,DEO Ed Ingle,Roadside Environmental Dave McHenry,NCWRC Transportation Permitting Unit Asheville Regional Office 12-0071(Setzer)NCSR 1146 Baker Road 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 31; 2012 Ms. Patty Elliott, General Manager Marion Travel Plaza, It and K Enterprises 3365 Sugar Hill Road Marion, N.C. 28752 Subject: Compliance Evaluation Inspection Marion Travel Plaza NPDES Permit No. NCO086428 McDowell County Dear Ms. Elliott: A Compliance Evaluation Inspection of the Wastewater System that serves Marion Travel Plaza was conducted on January 18, 2012 by Mr. Don Price and Ms. Janet Cantwell of the Asheville Regional Office. The assistance and cooperation of Mr. Joe David Hall, in conducting the inspection was greatly appreciated. Based on records reviewed, on-site discussions with Joe David Hall and results of Effluent discharge samples collected, Marion Travel Plaza WWTP was determined to be in compliance with permit NC0086428. A report is attached for your records and findings are summarized. Site/System Review The current WWTP consists of an Flow equalization basin (EQ basin), Influent Pump station with on-site audible and visual alarms, aeration basin, rectangular secondary clarifier with 'air-lift' return and waste sludge pumps, tablet chlorination, v-notch weir and float stilling well effluent flow measurement with chart recorder, and tablet de-chlorination. On-site observations indicated improved operation of the secondary clarifier; current flow meter calibration within the last 6 months; and implementation of alkalinity supplements by the ORC (Operator-in-Responsible Charge); and the testing Influent pump station audible and visual alarm for proper operation. North Carolina Division of Water Quality,Asheville Regional Office Location:2090 U.S.Hwy.70,Swannanoa,North Carolina 27107 One Phone:828-296-45001 FAX:828-299-7043 NoithCarolina Internet:www,ncwaterquality.org v. ;Vatura!!y An Equal Opportunity 1 Affirmative Action Employer Marion Travel Plaza Permit#NC0086428 CEI,Page 2 of 2 Suggestions/Recommendations The current system shows signs of improved aeration and mixing, in addition on-site records indicated Flow meter had been calibrated within the past 6 months, NPDES permit NCO086428 requires "annual' flow meter calibration showing meter capable of accurate measurements between +/- 10% of actual measurements. Effluent samples are still being collected `just after' de- chlorination, making representative sampling a problem. Also, there is no clear path to the receiving stream for collection of representative sampling, and visual observations to be made regarding stream impacts. The location of the discharge pipe was determined to be in a stormwater culvert down from the WWTP, in the lower portion`of the parking lot of Marion Travel Plaza. It is suggested that the facility review their 'options' to continuing this discharge, especially in light of the shape and condition of the WWTP, with tying into a municipal sanitary sewer. The City of Marion's sanitary sewer is in close proximity to this system, and a review of tying into Marion's system should be made. If there are questions or additional information is needed regarding system operation, maintenance, or an NPDES permit question, please contact a Regional Office Surface Water staff person at (828) 296-4500. Thank you for the opportunity to conduct this Compliance Evaluation Inspection. Sincerely, Donald R. Price, CET WWTP Consultant Surface Water Protection Asheville Regional Office Division of Water Quality Attachments: CC: ARO - SWP Ik Soo Kim, owner Marion Travel Plaza Joe David Hall, ORC-Marion Travel Plaza WWTP (Environmental Inc.) S:\SWP\McDowell\Wastewater\Minors\Marion Travel Plaza 86428\Marion Travel Plaza System CEI ILtr 01 18 2012.doc United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES I ydmo/day Inspection Type Inspector Fac Type 1 INI 2 5I 31 NCO086428 111 121 12/01/18 117 18(C I 19I S I 20 Remarks 21111111111111111111111111111111111111 Jill 11111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 CIA -------------------------Reserved---------------------- 67I 169 70I 2 I 71(U 721 N I 73 LJJ 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) Marion Travel Plaza WWTP 08:30 AM 12/01/18 10/02/01 3365 Sugar Hill Rd Exit Time/Date Permit Expiration Date Marion NC 28752 09:30 AM 12/01/18 14/12/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Joedavid Matthew HalVORC/828-293-9396/ Name,Address of Responsible Official/Title/Phone and Fax f umber Contacted Patty Elliott,3365 Sugar Hill Rd Marion NC 28752//828-738-8700/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Facility Site Review 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)PIC-" Agency/Office/Phone and Fax Numbers Date Don Price ARO WQ//828-296-4500! � r� 12,oipz Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 1 3I NC0086428 I11 12I 12/01/18 17 18I CI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) A Compliance Evaluation Inspection of the Wastewater,System that serves Marion Travel Plaza was conducted on January 18, 2012 by Mr. Don Price and Ms. Janet Cantwell of the Asheville Regional Office. The assistance and cooperation of Mr. Joe David Hall, in conducting the inspection was greatly appreciated. Based on records reviewed, on-site discussions with Joe David Hall and results of Effluent discharge samples collected, Marion Travel Plaza WWTP was determined to be in compliance with permit NC0086428. A report is attached for your records and findings are summarized. Site/System Review The current WWTP consists of an Flow equalization basin (EQ basin), Influent Pump station with on-site audible and visual alarms, aeration basin, rectangular secondary clarifier with 'air-lift' return and waste sludge pumps, tablet chlorination, v-notch weir and float stilling well effluent flow measurement with chart recorder, and tablet de-chlorination. On-site observations indicated improved operation of the secondary clarifier; current flow meter calibration within the last 6 months; and implementation of alkalinity supplements by the ORC (Operator-in-Responsible Charge); and the testing Influent pump station's audible and visual alarm for proper operation. Suggestions/Recommendations The current system shows signs of improved aeration and mixing, in addition on-site records indicated Flow meter had been calibrated within the past 6 months, NPDES permit NC0086428 requires"annual'flow meter calibration showing meter capable of accurate measurements between +/- 10% of actual measurements. Effluent samples are still being collected 'just after' de-chlorination, making representative sampling a problem.Also, there is no clear path to the receiving stream for collection of representative sampling, and visual observations to be made regarding stream impacts. The location of the discharge pipe was determined to be in a stormwater culvert down from the WWTP, in the lower portion of the parking lot of Marion Travel Plaza. It is suggested that the facility review their'options' to continuing this discharge, especially in light of the shape and condition of the WWTP, with tying into a municipal sanitary sewer. The City of Marion's sanitary sewer is in close proximity to this system, and a review of tying into Marion's system should be made. If there are questions or additional information is needed regarding system operation, maintenance, or an NPDES permit question, please contact a Regional Office Surface Water staff person at (828)296-4500. Thank you for the opportunity to conduct this Compliance Evaluation Inspection. Page# 2