HomeMy WebLinkAboutDWR Read File Archive Feb. 2010 4�
RUNK
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen K Sullins Dee Freeman
Governor Director Secretary
February 3, 2010
Mr. Ralph Crane
Crane's Used Auto Parts
PO Box 454
Pisgah Forest NC 28768
Subject: NPDES Stormwater Permit Application
Notice of Intent (NOI)NCG10000
Cranes Used Auto Parts-98 Bert Lane Brevard,NC
Transylvania County
Application deadline: March 1, 2010
Dear Mr. Crane:
The Division of Water Quality (DWQ), in response to a complaint,performed a site visit on your premises
January 20, 2010. Based on that site visit and review of DWQ files, your facility must have coverage under the
stormwater general permit NCG10000 (primarily for stormwater discharges from facilities engaged in
tomobile wrecking for scrap and used motor vehicle parts).
During the site visit you were provided a copy of an application, along with an explanation of the stormwater
permit. Please submit the application by the response date listed above. DWQ recommends that you obtain a
qualified environmental engineer, scientist, or consultant experienced in stormwater measures, to assist you
with your Stormwater Pollution Prevention Plan(SPPP) and required monitoring. Attached is further
information to assist with the Stormwater Pollution Prevention Plan development.
Continued discharge of stormwater, and/or failure to apply for an NPDES stormwater permit, may subject you
to civil penalty fines up to $25,000 per day per violation.
Please contact me (Linda Wiggs) at 828-296-4500, if you have any questions about this letter or the stormwater
application.
Sincerely, -
I J
J
Linda Wiggs, Environmental Specialist
Surface Water Protection, Asheville Regional Office
Enclosure
cc: File Copy
Transylvania County Planning
'WP\Transy Ivan ia\Stormwater\NCG10 Used Motor Vehicles\Cranes\Cranes Salvage NOI Feb 2010.doc
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 NorthCarol lna
Internet:www.ncwaterquality.org
An Equal Opportunity\Affirmative Action Employer
WMA
•
i S
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 2, 2010
James Derek Taylor
JDT Properties, LLC
330 Dillard Road
Highlands,NC 28741
Subject: 401 Water Quality Certification-Approval
AB Climate
DWQ Project# 09-1332
Macon County
LTNO1 /UT Big Creek/2-21-5-1-(4)/WS-II; Tr; HQW
Dear Mr. Taylor:
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 129 feet of streams and 0.25 acres of open
waters for the purpose of pond-size reduction 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 3705. This Certification allows
you to use Nationwide Permit 39 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, Water Supply
Watershed and Trout Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 NorthCaro ina
Internet:www.ncwaterquality.org atupal`f
An Equal opportunity 1 Affirmative Action Employer L l l�
James Derek Taylor
February 2,2010
Page 2 of 2
Amount Approved (Units) Plan Location or Reference
Stream 129 (feet) Parcel map
Waters 0.25 (acres) Parcel map
Additional Conditions
1. Turbidity Standard
The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described
in 15 A NCAC 2B. .0200. Appropriate sediment and erosion control practices must be used to meet this
standard.
2. Comply with the conditions described in the North Carolina Wildlife Resources Commission
January 29, 2010 letter:
1. Culvert placement and backfilling must not occur from October 15 to April 15 when trout should be
spawning below the pond.
2. Effective erosion controls must be used as needed to minimize stream sedimentation
3. The invert of the outlet culvert must be slightly below the normal level of the pond so that any trout that
may be present in the pond can access the stream above.
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 Chuck Cranford in the Asheville Regional Office at
828-296-4664.
Sincerely,
Coleen H. Sullins, Director
CHSlcbc
Enc: GC3705
Certificate of Completion
cc: USACE Asheville Regulatory Field Office Matt Mason—Macon County
401 Permitting Unit—Central Office File Copy
S:\SWP\Macon\401s\Non-DOT\AB Climate\APRVL.2-2-10.doc
WA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 3, 2010
Ken Ledoux
Watts Regulator
100 Watts Rd
Spindale,NC 28160
Subject: NPDES Stormwater Permit-Representative Outfall Status Approval
Permit No.NCG030251
Watts Regulator
Rutherford County
Dear Mr. Ledoux:
Division of Water Quality staff have reviewed your request for representative outfall status at the
subject facility. Based on a site visit and information provided,the request has been approved
and is effective with the next sampling event.
In accordance with 40 CFR§122.21(g)(7), you are authorized to sample the outfalls as described
in the following table.
Representative Stormwater SDOs Represented
Discharge Outfall (SDO)
001 001
002 002
004 003, 004, 005
006 006, 007
Please note: the permit still requires Qualitative Monitoring be performed at all SDOs,
regardless of representative status.
Please remember that any actions you initiate in response to benchmark exceedances as directed
in the tiered response provisions of your permit must address all drainage areas represented by
the SDO,where appropriate.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 NorthCarolina
Internet:www ncwaterquality.orq ;Vaturally
An Fnual Onnortunity l Affirmative Action Fmnlover
Ken Ledoux
February 3,2010
Page 2 of 2
Please append this letter to your Stormwater Pollution Prevention Plan(SPPP) or permit to
document that representative outfall status has been approved. If changes in drainage areas,
structures,processes, storage practices, or other activities occur that significantly alter the basis
-
of this approval,representative outfall status may no longer be valid. You should either resume
sampling at all SDOs, or reapply to this office for representative outfall status based on updated
information. If you have any questions or comments concerning this letter,please contact
Chuck Cranford at(828) 296-4664 or chuck.cranford@ncdenr.gov
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Regional Office Copy
Central Office/Stormwater Permitting Unit
Central Files
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Secretary
Governor
February 3,2010
Larry M. Evers
Evers,LLC
552 Corbin Rd
Franklin,NC 28734
SUBJECT: Notice of Violation Response and Stream Restoration Plan Approval
Evers,LLC
McDowell Branch
NOV-2009-OP-0057
Macon County
Dear Mr.Evers:
The Division of Water Quality has received correspondence from Fish and Wildlife Associates,
Inc., dated January 19,2010, in response to the NOV noted above. The proposal includes the
removal of fill, concrete footings and sediment from McDowell Branch, as well as channel and
streambank restoration and stabilization.
The remedial actions presented in the response have been found satisfactory and are approved.
Restoration activities involved in this approved plan, as well as submittal of a report containing as-
built drawings and photograph documentation of the results, are to be completed within sixty(60)
days of the date of this letter. Annual monitoring reports will be expected thereafter for three(3)
years documenting the success of restoration efforts and providing any recommended maintenance
or modifications.
Thank you for your cooperation in this matter.
Sincerely,
op
f,fF
Chuck C anford
Environmental Specialist
Surface Water Protection
cc: Lori Beckwith—USACE(e-copy) Matt Mason—Macon County(e-copy)
John Hennessy-NPSACOU James Vanderwoude
DWQ Central Files 1281 Georgia Road
ARO File Copy Franklin,North Carolina 28734
S:\SVvT\Macon\401s\Non-DOT\Evers\APRVL.2-3-10.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE N n C11Ca101111a
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Xhlrally
Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity\Affirmative Action Employer
1
,.<
��
`._.:: �
WMENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 4, 2010
Mr. John Kinnaird, P.E.
Brooks Engineering Associates
17 Arlington Street
Asheville,NC 28801
Subject: Request for More information
Quigley.Project/State Stormwater Application SW1091201 "
DWQ 401 Project# 09-0533
Madison County
Response deadline: March 8, 2010
Dear Mr. Kinnaird:
The Division of Water Quality(DWQ) has performed a preliminary review of the state stormwater application
for the above referenced project (SW1091201). As discussed in the meeting with you on January 13, 2010,
Mitional information will be required in order to complete the review process. Please provide the information
attached to this letter so that we may continue to review the project.
You should provide your written response to the addresses below by March 8, 2010. An original and one copy
of the required information should be provided to the Asheville Regional Office:
Attn: Susan A. Wilson
Surface Water Protection Section
2090 US HWY 70
Swannanoa,NC 28778
A courtesy copy of the required information should also be provided to the 401 Permitting Unit at:
Attn: Ms. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh,NC 27699-1650
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 North Carol l n a
Internet:www.ncwaterquality.org 11vizt a ally
An Equal Opportunity Affirmative Action Employer if
Mr.John Kinnaird,P.E.
February 4,2010
Page 2 of 2
This letter only addresses the preliminary application review and does not authorize any impacts (at this time)
by the DWQ. This additional information request does not preclude the DWQ from requesting additional
information after review of the resubmitted information. If you have any questions regarding this letter, please
call Susan A. Wilson (828)296-4665. Your project may be returned as incomplete if the DWQ receives no
response by March 8, 2010.
Sincerely,
t
/Sus'an . Wilson, P.E.
Surface Water Protection
Asheville Regional Office
w/attachment
cc: Cyndi Karoly -401 Permitting Unit
Mr. William McKee, Whiteside Fund LP, 9 Pack Square SW, Suite 300, Asheville, NC 28801
Neill Yelverton, WNR, P.O. Box 882, Canton, NC 28716
ARO File copy
S:\SWP\Madison\Stormwater\S-State Stormwater\S W 1091201 Quigley\Add Info.SW 1091201Quigley.02.2010.doc
Attachment
SW 1091201
Notes from meeting with John Kinnaird, Brooks Engineering(1/13/2010):
• Confirm owner,signator(ref. 2H .1003(e)(2))
• Deed restrictions(use on-line forms for low density, high density)
• Original and one copy; courtesy copy to Cyndi Karoly
• Soils report—need to confirm for BMPs and SHWT
o Do not need individual soil borings for each cottage infiltration system—but should be
representative;
o explain why the individual systems are needed, etc.
• Need O&M agreement for all BMPs (per JK,the individual cottage systems will be maintained
by the same responsible party as the larger BMPs; please document)
• Document the max velocities that each type of Swale system can accommodate (can document
as "key code")
• Show all drainage areas for each BMP(and show drainage arrows or otherwise indicate what is
flowing where...)
• Show an example calculation for various.spreadsheet values(swale velocities, plunge pools, etc.)
• Show all proposed grading-grading in parking areas, etc. (and roads in village,etc.)
• For bioretention BMPs
o Need section views to go with plan views w/elevations, etc.for each BMP.
o Show outline of calculation for storage volumes; show staged storage volumes for each
BMP
o Detail overflow—show how overflow and outfall areas from detention basins will be
non-erosive, etc.
o Specify P index in media
o Need more species of plants—diversify; probably need to specify no.of plants,tree—
plan looks underplanted.
o Show inlet velocities
o Show easements around bioretention areas for maintenance—at least note on plans(if
not recorded on deed); bioretention area 2 looks difficult to access
o Specify that river rock must not come from adjacent streams
o Demonstrate that flow from drainage areas/plunge pools won't reconcentrate elsewhere—
show where all drainage flows
�1
'�_
�-,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
February 4, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED- 7007 1490 0004 0713 8366
Mayor Sydney Harrison
Town of Hot Springs
Post Office Box 218
Hot Springs, North Carolina 28743-0218
Subject: NOTICE OF VIOLATION and
INTENT TO ENFORCE
NOV-2010-DV-0062
Town of Hot Springs
Permit Number WQCSDO086
Wastewater Collection System
Madison County
Dear Mayor Harrison:
North Carolina General Statute 143-215(a) (1) prohibits the making of an outlet into the
waters of the State without first securing a permit from the North Carolina Environmental
Management Commission.
On January 20, 2010 staff members with the Asheville Regional Office observed the
discharge of untreated sewage from a cracked pipe at the Town's Silver Mine sewage
pumping station. The town was advised to fix the problem and submit a 5-day SSO report. An
incomplete report was submitted to the Asheville Regional office twelve (12) days after the
sewage spill was observed.
Form CS-SSO Collection System Sanitary Sewer Overflow Reporting Form states that
the form shall be submitted to the appropriate DWQ Regional Office within five (5) days of the
first knowledge of the sanitary sewer overflow (SSO). The form also states if an SSO is
ongoing, the Regional Office must be notified on a daily basis until the SSO can be stopped.
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 North
Carollna
Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity',Affirmative Action Employer
Mayor Harrison
2/04/2010
Page 2
No complete written report has been received by the Regional Office documenting that
the SSO was stopped and that repairs have been made. North Carolina General Statute 143-
215.6 provides for civil penalties of up to $ 25,000 for discharging sewage without a permit.
The same statute empowers a State agency to go into Superior court seeking a court order
prohibiting an activity which is in violation of the Statutes.
The Asheville Regional Office is considering the assessment of Civil Penalties
against the Town of Hot Springs for the discharge of wastewater without a permit. To
prevent further action, carefully review these violations and deficiencies and
respond in writing to this office within fifteen (15) working days of receipt of this
letter. You should address the causes of noncompliance and all actions taken to
prevent the recurrence of similar situations. Should you have questions or need
additional information, please contact Jeff Menzel at (828) 296-4500
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Division of Water Quality
Asheville Regional Office
Cc: ARO, Files
PERCS Unit
Central Files
\`Nroar06,,voIl�DA'I'A\WPDA'I'A'DEMWO\Madison'H tSpringsCollectionSvstem`N)V 200-DV 0 99doe
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director ' Secretary
February 4, 2010
Roy J. and Brenda Young
627 Walker Branch Road
Mars Hill,NC 28754
Subject: Request for More Information
401 Water Quality Certification
Highway 19 Project/Young Residence
DWQ Project# 09-1334
Madison County
Response deadline: March 5, 2010
Dear Mr. and Mrs. Young:
he Division of Water Quality (DWQ)has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced property. Additional information will be required in order to
complete the review process.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
l. Based on the Army Corp of Engineer description, the culvert and associated driveway appear to
be proposed for the purpose of commercial development,not an existing or future residential
driveway. As required in Part B.3.d of the application,please fully describe the purpose of the
proposed project (and attach any detailed drawings necessary to show the footprint of the project
and associated drainage area(s)).
2. If the project is to be used for commercial purposes, you must indicate the percent
imperviousness of the project. The unnamed tributary to Middle Fork of Little Ivy Creek is a
Class WS-II, HQW stream. Please contact Madison County regarding their water supply
watershed stormwater and density maximum requirements (Madison County Planning, Ryan
Cody). You will need to clarify the questions in Part D.2. and 3.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 one
Phone:828-296-450M FAX:828-299-70431 Customer Service:1-877-623-6748 North C aro l i n a
Internet:www.ncwaterquality.org ;V human ff
An Equal Opportunity:Affirmative Action Employer
Mr.and Mrs.Young
February 4,2010
Page 2 of 2
3. In order to fill the area over the culvert, you must first fill over the culvert with material from
sources other than NCDOT. You must fill over the culvert and bring the fill material up to bank
full before any material from the NCDOT can be placed over the culvert. Due to mitigation
restrictions,NCDOT would be required to provide additional mitigation for impacts to streams
on your property(if you attempted to use NCDOT fill material in the immediate area of the
culvert). You may use NCDOT fill outside the immediate area of the culvert(and use fall fa°om
your own property for the area immediately surrounding the culvert). Please contact Mr. Mike
Parker of this office (828) 296 -4500 if you need further guidance on allowable fill.
Please provide your response in writing to the addresses below prior to March 5, 2010. Four copies of the
required information should be provided to the 401 Permitting Unit at:
Ms. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
and a single copy to the Asheville Regional Office at:
Susan A. Wilson
Surface Water Protection Section
2090 US HWY 70
Swannanoa,NC 28778
If we do not hear from you by the deadline,we will assume that you no longer want to pursue this project and
we will consider the project withdrawn.
This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Wilson at (828)296-4500, if you have any questions.
Sincerely,
® Z� _
Roger"C. Edwards, Regional SuP ervisor
Surface Water Protection
Asheville Regional Office
cc: David Baker-US Army Corps of Engineers Asheville Field Office
David McHenry-North Carolina Wildlife Resources Commission
Cyndi Karoly - 401 Permitting Unit
Madison County Planning, Ryan Cody
Mike Parker, ARO
ARO File copy
S:\SWP\Madison\401 s\Non-DOT\Young,Roy Property-Highway 19 projecMddlnfo.Highway 19.Young.02.2010.doc /
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
February 5, 2010
Mr.Michael J. Wells
202 North Turkey Creek Road
Leicester,NC 28748
Subject: Notice of Violation and Recommendation for Enforcement
NOV-2009-SS-004
Incident Closure
Buncombe County
Dear Mr. Wells:
The Division of Water Quality (DWQ)has reviewed your correspondence dated January 7, 2010,
related to the Notice of Violation and Recommendation for Enforcement NOV-2009-SS-004. The
NOV resulted from sediment deposition and removal of rocks/boulders from North Turkey Creek.
DWQ has reviewed the information provided and conducted a follow-up site visit with you and Mr.
Scott Turner on October 23, 2009. You agreed to no longer remove rocks/boulders from the creek.
Also, as stated in your letter, you were/are working with Mr. Rob Townley, Buncombe County
Forest Ranger,to use recommended best management practices during timber removal. The written
response and the results observed at the site have satisfactorily resolved the violations noted in the
subject Notice of Violation and Recommendation for Enforcement.
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. Should you have any questions regarding these matters, please contact me at (828) 296-
4665.
Sincerely,
Isan A. Wilson, P.E.
Environmental Engineer
Surface Water Protection Section
cc: Mr. Rob Townley, Buncombe County Ranger
899 Glen Bridge Road SE, Arden,NC 28704
ARO File Copy
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway70,Swannanoa,North Carolina 28778 NOr thCarofina
Phone:828-296-45001 FAX:828-299-70431 customer service:1-877-623-6748 Internet: www.ncwaterquality.org N�turally
An Equal Opportunity\Affirmative Action Employer
��
�;J
i_��
��;J
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Goleen H.Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION
February 5, 2010
Jim English
Jeld-Wen Inc
100 Henry McCall Rd
Marion NC 28752 -
SUBJECT: Compliance Inspection
Jeld-Wen Fiber of NC
Permit No: NCO076180
County McDowell
Dear Mr. English:
On January 14, 2010 1 conducted a Compliance Inspection.. The package plant, outfall 001, was
frozen over and outfall 002 was producing questionable effluent. Because of these reasons I was
unable to determine compliance status and will need to conduct a follow-up inspection at a later
date. Please refer to the enclosed report for additional observations and comments.
If you or your staff have any questions, please call me at 828/296-4500.
Sincerely,
Jeff enzel
Environmental Specialist
cc: Kenneth M Deaver, ORC
Central Files
Asheville Files
One
�URFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE NOrthCarolina
Location:2090 U.S.Highway 70, Swannanoa,NC 28778 Naturally
Phone: (828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748
Internet:www.ncwaterquality.ora S:\SWP\McDowell\Wastewater\Industrial\Jeld-Wen 76180
���1
J
United States Environmental Protection Agency Form Approved.
Washington,D.C.20460 OMB No.2040-0057 EPA
Water Compliance Inspection Re ort
Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES YY
r/mo/da Inspection Type Inspector Fac Type
1 I NI 2 151 31 N00076180 111 121 10/01/14 117 181 Cl 19I SI 201
Remarks
21II11 111I II 1I I I6
---------------------Reserved--------------------
Inspection Work Days Facility Self-Monitoring Evaluation.Rating B1 QA 74 75I I I I ( I I 180
671 169 70I_I 711 I 721 NJ 73 W
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) 05/05/01
12:00 PM 10/01/14
Jeld-Wen Fiber of NC
Exit Time/Date Permit Expiration Date
100 Henry McCall Rd
01:00 PM 10/01/14 09/12/31
Marion NC 28752
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Kenneth M Deaver/ORC/828-289-9380/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Jim English,100 Henry McCall Rd Marion.NC No
28752//828-724-9511/8287249419
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Operations&Maintenance N Self-Monitoring Program N Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)oflnspector(s) Agency/Office/Phone and Fax Numbers Date
Jeff Menzel ARO W4//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 NCO076180 I11 12I 10/01/14 I17 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Issues were observed during this inspection.
001 outfall-Package wastewater treatment plant. At the time of inspection, only one of the three blower
motors was working and all three are in need of new belts.The aeration basin and clarifier were frozen and
a follow-up inspection will be done at a later date after the plant thaws out.
002 outfall- boiler blow down and non-contact cooling water. The 002 outfall was extremely turbid and was
having an observable impact on the receiving stream. It appeared that.work had recently been done to the
outfall. It is required that this office be notified when changes or upgrades are made to treatment works.
003 outfall- Fire pump gland seal water. At the time of inspection 003 was discharging.The facility should
look for ways to retain this water and possibly eliminate this discharge.
A follow up inspection will be done at a later date and a compliance status will be determined at that time.
Page# 2
Permit: NCO076180 Owner-Facility: Jeld-Wen Fiber of NC
Inspection Date: 01/14/2010 Inspection Type: Compliance Evaluation
Yes No NA NE
Operations&Maintenance
Is the plant generally clean with acceptable housekeeping? ■
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH,DO,Sludge ■ ❑ n ❑
Judge,and other that are applicable?
Comment:
Yes No NA NE
Permit
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■
nnn
nnn
Is the facility as described in the permit? ■
ri
#Are there any special conditions for the permit? n ■ n
Is access to the plant site restricted to the general public?
■ nnn
■ ri
Is the inspector granted access to all areas for inspection? nn
Comment:
Yes No NA NE
Aeration Basins
Ext.Air
Mode of operation
Diffused
Type of aeration system
nnn ■
Is the basin free of dead spots?
■ n
Are surface aerators and mixers operational? nn
nn_ n ■
Are the diffusers operational?
Is the foam the proper color for the treatment process? nnn ■
■
Does the foam cover less than 25%of the basin's surface? nnn
Is the DO level acceptable? nnn ■
Is the DO level acceptable?(1.0 to 3:0 mg/1) n n n ■
Comment: The basin was frozen over at the time of inspection. Only one of the three
blower motors was working at the time of inspection. The belts on all three blowers are
in need of replacement.
Yes No NA NE'
Secondary Clarifier
Is the clarifier free of black and odorous wastewater? ❑ ❑ ❑ ■
Is the site free of excessive buildup of solids in center well of circular clarifier?
nnn ■
nnn ■
Are weirs level?
Is the site free of weir blockage? ❑ ❑ ❑ ■
Is the site free of evidence of short-circuiting? n n ❑ ■
nnn ■
Is scum removal adequate?
Page# 3
Permit: NCO076180 Owner-Facility: Jeld-Wen Fiber of NC
Inspection Date: 01/14/2010 Inspection Type: Compliance Evaluation
Secondary Clarifier Yes No NA NE
Is the site free of excessive floating sludge? D D n ■
Is the drive unit operational? n n ■ n
Is the return rate acceptable(low turbulence)? D D D ■
Is the overflow clear of excessive solids/pin floc? 0 D 0 ■
Is the sludge blanket level acceptable?(Approximately'/<of the sidewall depth) ❑ n n ❑
Comment: The clarifer was frozen over,however there was a discharge at the time of
inspection.
De-chlorination Yes No NA NE
Type of system?
Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ n ■ n
Is storage appropriate for cylinders? D n ■ D
#Is de-chlorination substance stored away from chlorine containers? D D ■ D
Are the tablets the proper size and type? D n ■ o
Comment: The 001 outfall has no system in place for chlorination or De-chlorination.
Are tablet de-chlorinators operational? n n ■ n i
Number of tubes in use?
Comment:
Effluent Sampling Yes No NA NE
Is composite sampling flow proportional? D n ■ D
Is sample collected below all treatment units? ■ D D D
Is proper volume collected? ■ D D D
Is the tubing clean? n n ■ n
#Is proper temperature set for sample storage(kept at less than or equal to 6.O degrees Celsius)? D D ■ D
Is the facility sampling performed as required by the permit(frequency, sampling type representative)? ■ ❑ ❑
Comment: The 001 outfall discharges onto a concrete pad approximately 30 feet from
the river. At the time of inspection it appeared that the discharge is absorbed into the
ground instead of being discharged into the river.
Page# 4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 5, 2010
Robert Soran
Sunshine NC,LLC
43 West Main Street
Franklin,NC 28734 -
Subject: Request for More Information
401 Water Quality Certification
Soran—Pond Dredging
DWQ Project# 10-0034
Macon County
Response deadline: March 8, 2010
Dear Mr. Soran:
The Division of Water Quality (DWQ)has performed a preliminary review of a 401 Water Quality Certification
�.pplication submitted for the above referenced property. Additional information will be required in order to
complete the review process.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. According to your application,the dewatering facility has been designed to utilize one (1)basin.
Condition 16 of General Water Quality Certification 3700 (GC 3700),which must accompany
the U.S. Army Corps of Engineers Nationwide Permit 16,requires hydraulic dredging projects in
mountain lakes to utilize a two-basin.design.
Please modify your dewatering facility design to match Condition 16 or explain how your project
will meet the water-quality protection goals set forth by said condition and not violate water
quality standards.
2. Section B. 6. Future Project Plans of your application indicated that this is not a phased project
and Section F. 3. Cumulative Impacts of your application indicated this project will not result in
additional development.
Please confirm that additional development of the property is not being planned that would
require additional impacts to waters or stormwater management planning.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 On
Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 NorthCarollna
Internet:www.ncwaterquality.org Aaft raAff
An Equal Opportunity 1 Affirmative Action Employer K i
Robert Soran --------- --
February 5,2010
Page 2 of 2
3. GC 3700 Condition 15 states: "Native forested vegetation shall be re-established in any
construction access or other temporary impact area within the next growing season following
construction of a project."
Your application did not indicate the intended final condition of the construction access areas or
dewatering basin. Please explain the details of your project related to meeting Condition IS.
Please provide your response in writing to the addresses below prior to March 8,2010. Four copies of the
required information should be provided to the 401 Permitting Unit at:
Ms. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh,NC 27699-1650
and a single copy to the Asheville Regional Office at:
Chuck Cranford
Surface Water Protection Section
2090 US HWY 70
Swannanoa,NC 28778
If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and
we will consider the project withdrawn. -
This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application are not
authorized(at this time) by the DWQ. Please call Chuck Cranford 828-296-4664, if you have any questions.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Lori Beckwith-US Army Corps of Engineers Asheville Field Office
David McHenry-North Carolina Wildlife Resources Commission
Cyndi Karoly- 401 Permitting Unit
Macon County Planning
Clement Riddle - ClearWater
ARO File copy
S:\SWPNacon\401s\Non-DOT\Soran\ADDINFO.2-5-10.doc -_
V WA
TRIM
WYWA
4°•
NC ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
February 5, 2010
Justin Hembree, Town Manager
Town of Tryon
423 N Trade St
Tryon NC 28782
SUBJECT: Compliance Evaluation Inspection
Tryon Collection System
Permit No: WQCS00111
Polk County
Dear Mr. Hembree:
Enclosed please find a copy of the Compliance Evaluation Inspection conducted on December
29, 2009. Following are observations resulting from my inspection which should be addressed
prior to the next compliance inspection.
The CIP should include a goals statement, a description of the project area, a description of
existing facilities, and a description of known collection system deficiencies and a discussion of
future collection system needs.
The Town of Tryon needs to insure that all remote portions of the collection system are inspected
annually and those inspections documented.
The Spill Response Plan should include all emergency numbers. To report a spill or unpermitted
release of untreated wastewater, call the DWQ Asheville Regional Office or 1-800-858-0368 if the
spill occurs on weekends, holidays, or after hours.
The Town's sewer system map should be modified by the addition of approximate pipe age and
number of service taps. Location of service taps may be indicated by superimposing the collection
system map over an aerial photo of the service area. It will be presumed that each building
shown will have a service tap.
Currently the Town is evaluating portions of the collection system in order to reduce the frequency
of overflows and cut down on the amount of inflow and infiltration.
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, If
Jeff Me el
Environmental Specialist
Enclosure
cc: PERCS unit/Central Files
Asheville Files
Oc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location`.2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCaToll/ina
Phone:(828)296-4500\FAX:828 299-7043\Customer Service:1-877-623-6748 Naturallff
Internet:www ncwaterguality.org MR0129FSo01\Divisions\SWP\Polk\Collection Systems\Tryon Collection System v
��
l`�
��
,\ ,,
_ _
Compliance Inspection Report
Permit: WQCS00111 Effective: 04/01/09 Expiration: 03/31/17 Owner: Town of Tryon
SOC: Effective: Expiration: Facility: Tryon Collection System
423 N Trade St
County: Polk
Region: Asheville
Tryon NC 28782
Contact Person: Jim Fatland Title: Phone:
Directions to Facility:
System Classifications: CS2, CS2,
Primary ORC: Gary Walker Certification: 13666 Phone:828-859-6654
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
NC0021601 Town of Tryon-Tryon WWTP
Inspection Date: 12/29/2009 Entry Time: 01:00 PM Exit Time: 03:00 PM
Primary Inspector: Jeff Menzel Phone:828-296-4500
Secondary Inspectors):
Reason for Inspection: Routine Inspection Type:Compliance Evaluation
Permit Inspection Type: Collection system management and operation
Facility Status: ■Compliant ❑ Not Compliant
uestion Areas:
Miscellaneous Questions Performance Standards 0 Operation&Maint Regmts Records
■Monitoring&Rpting ■Inspections 0 Manhole Lines
Reqmts
(See attachment summary)
Page: 1
Permit:WQCS00111 Owner-Facility: Town of Tryon
Inspection Date: 12/29/2009 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
The CIP should include a goals statement, a description of the project area, a description of existing facilities, and a
description of known collection system deficiencies and a discussion of future collection system needs.
The Town of Tryon needs to insure that all remote portions of the collection system are inspected annually and those
inspections documented.
The Spill Response Plan should include all emergency numbers. To report a spill or unpermitted release of untreated
wastewater, call the DWQ Asheville Regional Office or 1-800-858-0368 if spill occurs on a weekend, holiday, or after
hours.
The Town's sewer system map should be modified by the addition of approximate pipe age and number of service taps.
Location of service taps may be indicated by superimposing the collection system map over an aerial photo of the service
area. It will be presumed that each building shown will have a service tap.
Currently the Town is evaluating portions of the collection system in order to reduce the frequency of overflows and cut
down on the amount of inflow and infiltration.
Page: 2
Permit:WQCS00111 owner-Facility:Town of Tryon
Inspection Date: 12/29/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Yes No NA NE
Performance Standards
Is Public Education Program for grease established and documented? ■ n n n
What educational tools are used?
Pamphlets and brochures are provided at City Hall.
Is Sewer Use Ordinance/Legal Authority available? ■ n n n
Does it appear that the Sewer Use Ordinance is enforced? ❑ n n ■
■ rinn
Is Grease Trap Ordinance available?
Is Septic Tank Ordinance available(as applicable, i.e.annexation) fl n n ■
List enforcement actions by permittee, if any, in the last 12 months
Has an acceptable Capital Improvement Plan(CIP)been implemented? ■ ❑ ❑ n
Does CIP address short term needs and long term\"master plan\"concepts? ■ n n fl
Does CIP cover three to five year period? ■ n n ❑
Does CIP include Goal Statement? ■ n ❑ 0
Does CIP include description of project area? ■ ❑ n n
Does CIP include description of existing facilities? ■ n n El
Does CIP include known deficiencies? ■ n n n
Does CIP include forecasted future needs? ■ n n ❑
Is CIP designated only for wastewater collection and treatment? ® n rl 0
Approximate capital improvement budget for collection system?
Total annual revenue for wastewater collection and treatment?
CIP Comments
The CIP needs to include a new map of the collection system.This map should include pipe size and
number of taps,as well as pipe type.
Is system free of known points of bypass? ❑ ■ n n
If no, describe type of bypass and location
This facility has the ability to by-pass the bar screen in times of considerable weather events.
Is a 24-hour notification sign posted at ALL pump stations? 0 ❑ ■ n
#Does the sign include:
nn ■ n
Instructions for notification?
Pump station identifier? ❑ ❑ ■ ❑
24-hour contact numbers ❑ ❑ ■ n
If no, list deficient pump stations
Page: 3
Permit:WQCS00111 Owner-Facility: Town of Tryon
Inspection Date: 12/29/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine
#Do ALL pump stations have an"auto polling"feature/SCADA? ❑ n ■
Number of pump stations 0
Number of pump stations that have SCADA 0
Number of pump stations that have simple telemetry i)
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 n ■ n'
#If yes, date implemented?
Describe:
Comment: This system has no pump stations.
Inspections Yes No NA NE
Are maintenance records for sewer lines available? ■ n n n
Are records available that document pump station inspections? In n ■ n
Are SCADA or telemetry.equipped pump stations inspected at least once a week? n f1 ■
Are non-SCADA/telemetry equipped pump stations inspected every day? 1=1 ❑ ■ n
Are records available that document citizen complaints? n n ■ n
#Do you have a system to conduct an annual observation of entire system? ■ n n ❑
#Has there been an observation of remote areas in the last year? ■ ❑ fl fl
Are records available that document inspections of high-priority lines? ■ ❑ n ❑
Has there been visual inspections of high-priority lines in last six months? ■ n n n
Comment:
Operation &Maintenance Requirements Yes No NA NE
Are all log books available? ■ n n n
Does supervisor review all log books on a regular basis? ■ ❑ n n
Does the supervisor have plans to address documented short-term problem areas? ■ n I 1
What is the schedule for reviewing inspection, maintenance, &operations logs and problem areas?
Are maintenance records for equipment available? n n n ■
Is a schedule maintained for testing emergency/standby equipment? In n n ■
What is the schedule for testing emergency/standby equipment? %
\f;
Page: 4
Permit:WQCS00111 Owner-Facility:Town of Tryon
Inspection Date: 12/29/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Do pump station logs include:
Inside and outside cleaning and debris removal?
nn ■ n -
Inspecting and exercising all valves?
■ ❑
Inspecting and lubricating pumps and other equipment? nn
Inspecting alarms,telemetry and auxiliary equipment?
Is there at least one spare pump for each pump station w/o pump reliability?
Are maintenance records for right-of-ways available?
■ ❑ ❑ ❑
Are right-of-ways currently accessible in the event of an emergency?
■ ❑ n ❑
■ nnn
Are system cleaning records available?
Has at least 10%of system been cleaned annually? ■ ❑ ❑ ❑
What areas are scheduled for cleaning in the next 12 months?
Areas are cleaned on an as needed basis.
■
Is a Spill Response Action Plan available? ❑ nn
Does the plan include:
24=hour contact numbers
■ ❑ ❑ ❑
Response time
Equipment list and spare parts inventory
■ ❑ nn
Access to cleaning equipment
Access to construction crews,contractors,and/or engineers
■ ❑ ❑ ❑
■ ❑ n ❑
Source of emergency funds
Site sanitation and cleanup materials
■ ❑ ❑ ❑
■ flQf_l
Post-overflow/spill assessment
Is a Spill Response Action Plan available for all personnel?
■ ❑ ❑ ❑
Is the spare parts inventory adequate? ■ ❑ ❑ ❑
Comment: To report a spill or unpermitted release of untreated wastewater, call the
DWQ Asheville Regional Office or 1-800-858-0368 if spill occurs on a weekend,holiday,
or after hours.
Yes No NA NE
Records
Are adequate records of all SSOs,spills and complaints available? ❑ Cl ❑ 0
Are records of SSOs that are under the reportable threshold available?
Do spill records indicate repeated overflows(2 or more in 12 months)at same location?
■ ❑ ❑ ❑
■ ❑ ❑ ❑
If yes, is there a corrective action plan?
Page: 5
Permit:WQCS00111 Owner-Facility: Town of Tryon
Inspection Date: 12/29/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Is a map of the system available
■ nnn
Does the map include.-
Pipe sizes n ■ n n
Pipe materials n ■ n n
Pipe location ■ D ❑ ❑
Flow direction ■ ❑ ❑
Approximate pipe age
n ■ nn
Number of service taps ❑ ■
Pump stations and capacity ❑ Q ■ n
If no,what percent is complete? 10
List any modifications and extensions that need to be added to the map
The Town's sewer system map should be modified by the addition of approximate pipe age and number of
service taps.
#Does the permittee have a copy of their permit? ■ fl ❑ ❑
Comment: Yes the permittee has a copy of their permit.
Monitoring and Reporting Requirements Yes. No NA NE
Are copies of required press releases and distribution lists available? ■ ❑ fl n
Are public notices and proof of publication available? M ❑ ❑ ❑
#Is an annual report being prepared in accordance with G.S. 143-215.1 C? ■ ❑ Q
#Is permittee compliant with all compliance schedules in the permits? ■ fl 01 n
If no,which one(s)?
Comment:
Page: 6
44it
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 5, 2010
Mayor Garland Norton
Town of Old Fort
Post Office Box 520
Old Fort, North Carolina 28762
SUBJECT: Compliance Evaluation Inspection
Old Fort Collection System
Permit No: WQCS00139
McDowell County
Dear Mayor Norton,
Enclosed please find a copy of the Compliance Evaluation Inspection form conducted on
January 14, 2010. Following are observations resulting from my inspection which should
be addressed prior to the next compliance inspection.
The CIP should include a goals statement, a description of the project area, a description
of existing facilities, and a description of known collection system deficiencies and a
discussion of future collection system needs.
The Town's sewer system map should be modified by the addition of approximate pipe
age and number of service taps. Location of service taps may be indicated by
superimposing the collection system map over an aerial photo of the service area. It will
be presumed that each building shown will have a service tap.
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 enzel
Environmental Specialist
Enclosure
cc: PERCS Unit/Central Files
Asheville Files
6'SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S. Highway 70,Swannanoa,NC 28778 NorthCaro/fi/na
Phone: (828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 Natura!!rf
Internet:www ncwaterauality.org S:\SWP\McDowell\Collection Systems\Old Fort Collection System
Compliance Inspection Report
Permit: WQCS00139 Effective: 11/01/06 Expiration: 10/31/14 Owner: Town of Old Fort
SOC: Effective: Expiration: Facility: Old Fort Collection System
PO Box 520
County: McDowell
Region: Asheville
Contact Person: Garland Norton Title: Phone:828-668-4244
Directions to Facility:
system Classifications: CS1,
Primary ORC: Steve R Smith Certification:28312 Phone:828-668-2093
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
NC0021229 Town of Old Fort-Old Fort WWTP
Inspection Date: 01/14/2010 Entry Time: 08:00 AM Exit Time: 11:30 AM
Primary Inspector: Jeff Menzel Phone:828-296-4500
Secondary Inspectors):
Reason for Inspection: Routine Inspection Type:Compliance Evaluation
Permit Inspection Type: Collection system management and operation
Facility Status: ■ Compliant Q Not Compliant
Question Areas:
Miscellaneous Questions Performance Standards Operation&Maint Re
qmts Records
■Monitoring&Rpting Inspections
Reqmts
(See attachment summary)
Page: 1
Permit:WQCS00139 Owner Facility:Town of Old Fort
Inspection Date:01/14/2010 Inspection Type:Compliance Evaluation
Reason for Visit:Routine
A
Inspection Summary:
The Town's sewer system map should be modified by the addition of approximate pipe age and number of service taps.
Location of service taps may be indicated by superimposing the collection system map over an aerial photo of the service
area. It will be presumed that each building shown will have a service tap.
The town may benefit from having an electronic version of the collection system map which would make it easier to track
and document maintenance and cleaning.
The CIP should include a goals statement,a description of the project area, a description of existing facilities, and a
description of known collection system deficiencies and a discussion of future collection system needs.
j ,
Page: 2
Permit:WQCS00139 owner-Facility:Town of Old Fort
Inspection Date:01/14/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Yes No NA NE
Performance Standards
Is Public Education Program for grease established and documented? ■ ❑ ❑. ❑
What educational tools are used?
Leaflets and handouts are provided to customers.
Is Sewer Use Ordinance/Legal Authority available?
■ ❑ ❑ ❑
Does it appear that the Sewer Use Ordinance is enforced?
■ ❑ ❑ ❑
Is Grease Trap Ordinance available?
Is Septic Tank Ordinance available(as applicable,i.e.annexation) ■ ❑ ❑ ❑
List enforcement actions by permittee, if any,in the last 12 months
Grease trap inspections.
Has an acceptable Capital Improvement Plan(CIP)been implemented?
■ ❑ ❑ ❑
Does CIP'address short term needs and long term\"master plan\"concepts?
■ ❑ ❑ ❑
Does CIP cover three to five year period? ■ ❑ ❑ ❑
Does CIP include Goal Statement? ■ ❑ ❑ ❑
Does CIP include description of project area? ■ ❑ ❑ ❑
Does CIP include description of existing facilities?
■
Does CIP include known deficiencies? ❑ ❑ ❑
Does CIP include forecasted future needs? ■ ❑ ❑ ❑
Is CIP designated only for wastewater collection and treatment? ■ ❑ ❑
Approximate capital improvement budget for collection system?
Total annual revenue for wastewater collection and treatment?
CIP Comments
The Town needs to develop a more comprehensive map of its collection system and it is recommended that
this be incorporated into the CIP.The budget and revenue numbers were not available at the time of
inspection.
■
Is system free of known points of bypass? nn ❑
If no,describe type of bypass and location
Is a 24-hour notification sign posted at ALL pump stations?
#Does the sign include:
Instructions for notification?
❑ ❑ ■ ❑
Pump station identifier?
24-hour contact numbers ❑ ❑ ■
Page: 3
Permit:WQCS00139 Owner-Facility:Town of Old Fort
Inspection Date: 01/14/2010 Inspection Type:Compliance Evaluation
Reason for Visit:Routine
If no, list deficient pump stations
#Do ALL pump stations have an"auto polling"feature/SCADA? ❑ 0 Q
Number of pump stations 0
Number of pump stations that have SCADA o
Number of pump stations that have simple telemetry 0
Number of pump stations that have only audible and visual alarms 0
Number of pump stations that do not meet permit requirements 0
#Does the permittee have a root control program? 0000
#If yes,date implemented?
Describe:
There are no pump stations present on this system.
Comment:
Inspections Yes No NA NE
Are maintenance records for sewer lines available? 0 ❑ fl Q
Are records available that document pump station inspections? ❑ ❑ 0 f1
Are SCADA or telemetry equipped pump stations inspected at least once a week? 0 ❑ O Q
Are non-SCADA/telemetry equipped pump stations inspected every day? ❑
Are records available that document citizen complaints? Q 0 0 0
#Do you have a system to conduct an annual observation of entire system? Q ❑ ❑ 0
#Has there been an observation of remote areas in the last year? M (] Q Q
Are records available that document inspections of high-priority lines? M ❑ ❑ Q
Has there been visual inspections of high-priority lines in last six months? 0 ❑ ❑ f1
Comment: Operations and maintenance issues would be easier to track with a more
organized record keeping system.
Operation &Maintenance Requirements Yes No NA NE
Are all log books available? 0 Cl Q
Does supervisor review all log books on a regular basis? M ❑ ❑ n
Does the supervisor have plans to address documented short-term problem areas? a Cl 0 f1
What is the schedule for reviewing inspection,maintenance, &operations logs and problem areas?
As needed.Approximately 10,000 feet of sewer line was cleaned in 2009.
Are maintenance records for equipment available? o
Is a schedule maintained for testing emergency/standby equipment? M ❑ Q 0
Page: 4
Permit:WQCS00139 owner-Facility:Town of Old Fort
Inspection Date: 01/14/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine
weekly pumps/
What is the schedule for testing emergency/standby equipment? generator monthly
Do pump station logs include:
❑
Inside and outside cleaning and debris removal? ❑ ■
Inspecting and exercising all valves?
Inspecting and lubricating pumps and other equipment?
■ ❑
Inspecting alarms,telemetry and auxiliary equipment? nCl
Is there at least one spare pump for each pump station w/o pump reliability?
Are maintenance records for right-of-ways available? ■ ❑ ❑ Q
Are right-of-ways currently accessible in the event of an emergency?
■ ❑ ❑ ❑
■ ❑ ❑ ❑
Are system cleaning records available?
Has at least 10%of system been cleaned annually? ■ ❑
What areas are scheduled for cleaning in the next 12 months?
Industrial lines and lines connected to restaurants.Approximately 10,000 feet of sewer line was cleaned in
2009.
Is a Spill Response Action Plan available? ❑ ❑
Does the plan include:
■ ❑ ❑ ❑
24-hour contact numbers
■ ❑ ❑ ❑
Response time
Equipment list and spare parts inventory ❑ ❑ ❑
■ ❑ ❑ ❑
Access to cleaning equipment
Access to construction crews,contractors,and/or engineers
■ ❑ ❑ ❑
Source of emergency funds
Site sanitation and cleanup materials 11
■ Cl ❑ ❑
Post-overflow/spill assessment
Is a Spill Response Action Plan available for all personnel?
Is the spare parts inventory adequate? ❑ ❑ El
Comment:
Yes No NA NE
Records
❑ ❑
Are adequate records of all SSOs,spills and complaints available?
■ ❑
Are records of SSOs that are under the reportable threshold available?
Do spill records indicate repeated overflows(2 or more in 12 months)at same location?
❑ ❑ ❑ ■
Page: 5
Permit:WQCS00139 Owner-Facility:Town of Old Fort
Inspection Date:01/14/2010 Inspection Type:Compliance Evaluation
Reason for Visit:Routine
If yes, is there a corrective action plan? M 000
Is a map of the system available? n n n
Does the map include:
Pipe sizes n ■ 0 n
Pipe materials n N n n
Pipe location M. n n n
Flow direction 0000
Approximate pipe age ❑ m ❑ Q
Number of service taps n M n Q
Pump stations and capacity n ❑ M n
If no,what percent is complete? 10%
List any modifications and extensions that need to be added to the map
The map should be updated to include the number of taps on an existing line and approximate pipe age.
#Does the permittee have a copy of their permit? M n n n
Comment:
Monitoring and Reporting Requirements Yes No NA NE -�
Are copies of required press releases and distribution lists available? n ❑ ❑
Are public notices and proof of publication available? f1 n n
#Is an annual report being prepared in accordance with G.S. 143-215.1 C? ■
#Is permittee compliant with all compliance schedules in the permits? 0 0 n n
If no,which one(s)?
Comment:
Page: 6
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 5, 2010
Michell Hicks, Principal Chief
Eastern Band of Cherokee Indians
P.O. Box 455
Cherokee, N.C. 28719
Subject: Permit No. WQ0034578
Eastern Band of Cherokee Indians
EBCI Soco Sewer Outfall
Wastewater Collection System Extension
Jackson County
Dear Ms. Hicks:
In accordance with your application received January 25, 2010, and additional information
received on January 28, 2010, we are forwarding herewith Permit No. WQ0034578, dated February 5,
2010, to the Eastern Band of Cherokee Indians 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
DENR Customer Service Center Telephone 1 800 623-7748
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper
Michell Hicks, Principal Chief EBCI February 5, 2010 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 Eastern Band of Cherokee Indians for the construction and operation of approximately
2600 linear feet of 36-inch gravity sewer; to serve a shopping center with office and retail space, a
restaurant, a church, a Mobile Home Park, and a Casino as part of the EBCI Soco sewer Outfall
project, and the discharge of 490,000 gallons per day of collected domestic wastewater into the Eastern
Band of the Cherokee Indian's existing sewerage system, pursuant to the application received January
25, 2010 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 EBCI Wastewater Treatment Facility (Permit No. NC0052469) 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.
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,
el
for Coleen H. Sullins, Director
Division of Water Quality
cc: Jackson County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0052469 (EPA NUMBER)
Rich Anderson, Summit Engineering Group of NC, 9601 Warren H. Abernathy Hwy.,
Spartanburg, S.C. 29301-5226
Surface Water Protection Section 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 .0200; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force
Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically
mentioned herein.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system-wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T
.0403:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 213 .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 days per year). Pump stations that are connected to a telemetry system shall be
inspected at least once per week. -
e. High-priority sewer lines shall be inspected at least once per every six-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by
North Carolina General Statute §143-215.1C.
1
PERMIT NO W00034578 EBCI, Soco newer Outfall, Jackson Count February 5 2010
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 L
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 2B .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2
RMIT NO W00034578 EBCI Soco Sewer Outfall Jackson County February 5. 201
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part 11 of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 5th DAY OF FEBRUARY, 2010
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for ole n H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit.Number WQ0034578
3
-PERMIT NO W00034578 EBCI Soco Sewer O utfall Jackson County F hrii ry 5 2010`
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description:
construction and operation of approximately 2600 linear feet of 36-inch gravity sewer; to serve a
shopping center with office and retail space, a restaurant, a church, a Mobile Home Park, and a Casino
as part of the EBCI Soco sewer Outfall project, and the discharge of 490,000 gallons per day of
collected domestic wastewater into the Eastern Band of the Cherokee Indian'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 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; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of
Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials.
North Carolina Professional Engineer's
seal, signature, and date:
................................................................................................
SEND THIS FORM & SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
................................................................................................
The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.
hl
ENGINEERING GROUP �J
OF NORTH CAROLINA, INC.
ENGINEERS•PLANNERS•SURVEYCTR^u- 5ry I Jp L010
I ;
« pfp
January 21, 2010 , ,,I ,,T ;c ra
Division of Water Quality
Asheville Regional Office
2090 US Hwy. 70
Swannanoa, NC 28778
Att. Mr. Roger C. Edwards
RE: Eastern Band of Cherokee Indians
Soco Sewer Outfall
Summit Project No. 09103
Dear Mr. Edwards:
On behalf of the Eastern Band of Cherokee Indians, we are submitting for your review and
approval the following items in regard to an application package for the above referenced project:
1. Fast-track Application for Permit to Construct(Original& 1 copy)
2. Application Fee($480)
3. Downstream Sewer,WWTF Capacity and Flow Tracking/Acceptance—Form 10/07
4. Map
5. Stream Classifications—Form WSCAS-12/07
This gravity sewer project is to replace a problematic section of sewers along Soco Creek. The
proposed line will parallel the existing route. The line size is being increased to 36-inch to
accommodate peak flows and future capacity. A trout buffer waiver has been approved by the
Division of Land Resources for the construction within the stream buffers. Approximately 2600-
LF of the sewer is located off the reservation and thereby authorization from NCDENR is being
requested. If you have any questions or require additional information, please contact me at 864-
949-1111 ext. 3109 or at rnderson@surnmitengineeringgroap.corn.
Sincerely,
Rich Anderson, PE
Project Engineer
cc: Mr. Brandon Stephens, EBCI (w/enclosures)
Mr. Adam Karagosian, JJG(w/enclosures)
file
9601 Warren H.Abernathy Hwy./Spartanburg,SC 29301
Telephone: (864)949-1111 Fax:(864)949-1110
www.summitengineeringgroup.com
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
February 8, 2010
Ms. Jennifer Harrod, Environmental Specialist
NC Department of Transportation
Natural Environment Group
Project Development and Environmental Analysis
1598 Mail Service Center
Raleigh,North Carolina 27699-1598
Subject: NCDOT TIP#13-5159,Jackson County
Caney Fork Creek, Little Tennessee River Basin, 040402, WS-III-Trout
On-Site Determination for Applicability to the Mitigation Rules(15A NCAC 2H .0506(h)
Dear Ms. Harrod:
On January 28, 2010, at your request and in.your attendance, Mike Parker,NC Division of Water Quality
(NCDWQ) staff,conducted anon-site determination to review drainage features located north and west of
the intersection of NCSR 1737 (Caney Fork Road)and(NCSR 1740)Moses Creek Road for applicability
to the mitigation rules(15A NCAC 2H. 0506(h)). The following drainage features are approximated on
the attached map initialed and dated February 5, 2010.
Caney Fork Creek Perennial at Bridge No. 101
Moses Creek Perennial adjacent to Study Area
Unnamed Tributary to Caney Fork Creek Ephemeral from wetland to out of the
B-5159 Study Area
NCDWQ has determined that the stream feature labeled as an unnamed tributary to Moses Creek has been
determined to be ephemeral from the edge of the wetland to the edge of the study boundary.
This letter only addresses the applicability to the mitigation rules and the buffer rules and does not
approve any activity within the buffer, Waters of the United States, or Waters of the State. Any impacts
to wetlands, streams and buffers must comply with the 404/401 regulations,water supply regulations
(15A NCAC 213 .0216),and any other required federal, state and local regulations.
The owner(or future owners)or permittee should notify NCDWQ(and other relevant agencies)of this
decision in any future correspondences concerning this property and/or project. This on-site
determination shall expire five(5)years from the date of this letter.
SURFACE WATER PROTECTION SECTION-Asheville Regional Office One 1
U.S,Highway 70,Swannanoa,North Carolina 28778-8211 NorthCarolina
ne:828-296-45001 FAX:828-299-7043 Naturally
u(stomer Service:1-877-623-6748
Internet:www,ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
Ms. Jennifer Harrod
February 8,2010
Page Two
Landowners or affected parties that dispute a determination made by NCDWQ or Delegated Local
Authority that a surface water exists and that it is subject to the mitigation rules may request a
determination by the Director. A request for a determination by the Director shall be referred to the
Director in writing c/o Brian Wrenn,NCDWQ Wetlands/401 Unit, 1650 Mail Service Center, Raleigh,
NC 27699-1650. Individuals that dispute a determination by NCDWQ or Delegated Local Authority that
"exempts"a surface water from the mitigation rules may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day
statutory appeal time does not start until the affected party(including downstream and adjacent
landowners) is notified of this decision. NCDWQ recommends that the applicant conduct this
notification in order to be certain that third party appeals are made in a timely manner. 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
determination is final and binding unless you ask for a hearing within 60 days.
If you have any additional questions or require additional information please call me at 828-296-4500 or
at mike.parker@ncdenr.gov.
Sincerely,
Michael R.Parker
Environmental Senior Specialist
Attachment:
cc: Dave Baker, USACE—Asheville Regulatory Field Office
Transportation Permitting Unit
Mike Parker-ARO
Stream Call for B-5159,Jackson County
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Secretary
Governor
February 8, 2010
Mr. Tom Daniel
Beaverdam Land Conservancy, LLC/Bartram's Walk
P.O. Box 2486
Peachtree City, GA 30269
Subject: Notice of Violation and Recommendation for Enforcement
Bartram's Walk
NOV-2009-PC-0843
Incident Closure
Buncombe County
Dear Mr. Daniel:
The Division of Water Quality (DWQ) has received the Bartram's Walk Final Report from you,
related to the Notice of Violation and Recommendation for Enforcement NOV-2009-PC-0843.
DWQ has reviewed the information provided and conducted follow-up site visits on October 7,
October 21, and December 4. The written response and the actions taken at the site (as stated in
your response)have satisfactorily resolved the violations noted in the subject Notice of Violation
and Recommendation for Enforcement.
As stated in my e-mail December 14, 2009, there appears to be some sediment loss under the
wooden bridge. This area should be stabilized.
As we discussed, you will inspect your site to ensure there is no migration of the small pockets of
sediment in the unnamed tributary to Beaverdam Creek further downstream and off the property
boundary.
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. Should you have any questions regarding these matters, please contact me at(828) 296-
4500.
Si ;rel ,
usan A. kilson, P.E.
Environmental Engineer
Surface Water Protection Section
cc: ARO File Copy
DWQ Central Files
Doug Sharp, Buncombe County Erosion and Sedimentation Control
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
NOrthCarOhna
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748
Internet: www.i)cwaterquality.org
An Equal Opportunity%Affirmative Action Employer
��
O
�,
��1
�'
`rye
.`\�� .`lccr��".
R-C—DEN"
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 9,.2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8359
Joe Collins, Mayor
Town of Franklin
188 W Main St
Franklin NC 28734 . -
Subject: NOTICE OF VIOLATION AND
RECOMMENDATION FOR
ENFORCEMENT
NOV-2010-PC-0115
Permit No. NCO021547
Franklin WWTP
Macon County
Dear Mayor Collins:
A review has been conducted of Town of Franklin's self reported Bypass/Overflow 5-Day Report
submitted by Wayne Price, Operator in Responsible Charge, of the Town of Franklin's Waste Water
Treatment Plant. This review has shown the subject facility to be in violation of the requirements found in
NPDES Permit NC0021547 and/or North Carolina General State (NCGS) 143-215.1(a)(1). The violation
that occurred is summarized below:
Area Violation Date Description Violation
Type
Bypass/Overflow January 29,2010 Bypass of treatment- Discharge
wastewater overflow Without Valid
400,000 gallons Permit
If they have not already been completed, remedial actions should be taken to correct this problem.
Please be advised that this Office is considering sending a recommendation for an enforcement
action to the Director of the Division of Water Quality regarding this matter and any future/continued
violations that may occur. This violation and any future violations are subject to a civil penalty assessment
of up to $25,000.00 per day for each violation as allowed by NCGS 143-215.6A(a)(2).
This Office requests that you respond in writing within 15 (fifteen) days of receipt of this Notice. In
this response, you should address the causes of noncompliance and all actions taken to prevent the
recurrence of similar situations. Your response should be sent to the attention of Keith Haynes, Division
of Water Quality, 2009 US HWY 70, Swannanoa, NC 28778. Your required response will be considered
prior to initiating any enforcement recommendation. tvo0e
Carolina
.One
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service
Internet: www.ncwaterauality.org C A FAX (828)299-7043 1-877-623-6748
If you have any question regarding matter or any related matters, please do not hesitate to
contact Keith Haynes at 828-296-4500.
Sincerely,
LA
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: ARO Files
Enforcement Files
S:\SWP\Macon\Wastewater\Municipal\Franklin WWTP21547\NOV-2010-pc-0115.doc
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Secretary
Governor
February 9, 2010
Mr. Andrew Donkin
250 W. Church Ave.
Longwood, FL 32750
Subject: Notice of Violation and Recommendation for Enforcement
NOV-2009-SS-0025
Incident Closure
Haywood County
Dear Mr. Donkin:
The Division of Water Quality (DWQ)has received the Grassmere Enterprises, LLC Final Report
from ClearWater Environmental Consultants dated December 7, 2009, related to the Notice of
Violation and Recommendation for Enforcement NOV-2009-SS-0025.
DWQ has reviewed the information provided and conducted a follow-up site visit on January 29,
2010. The written response and the sediment removal observed at the site have satisfactorily
resolved the violations noted in the subject Notice of Violation and Recommendation for
Enforcement.
As specified in the approval dated October 12, 2009,you or your consultant must perform the
following:
• Quarterly visual monitoring at the site for a period of 2 years,then annually for 3 years (for
a total of 5 years). Should sediment be observed leaving the pond area, remedial action
must be taken.
It appears that the downstream amenity pools continue to gather sediment which will have to be
removed periodically (you may wish to do this during your quarterly visual inspection; this work
should also be conducted "in the dry"). You may also wish to limit access by horses to the stream
and streambanks on the property (i.e., maintain a stream buffer and restrict direct access).
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCar lna
Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 Naturaliff
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
Mr. Donkin
February 9,2010
Page 2 of 2
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. Should you have any questions regarding these matters,please contact me at(828) 296-
4500.
Sincerely,
G
Susan A. Wilson, P.E.
Environmental Engineer
Surface Water Protection Section
cc: Rebekah Newton, ClearWater Environmental Consultants
ARO File Copy
John Hennessey,NPS A&CU, Wetlands and Stormwater Branch
S:\SWP\Haywood\Complaints\Grassmere,LLC dam breach\NOV Closure Grassmere 2 2010.doc
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 10, 2010
Bertie Wilson
c/o Rebecca Jackson
28 Roseanne Avenue
Fairview,North Carolina 28730
Subject: Surface Water Identification
Bertie Wilson Property
PIN: 974332605400000
Buncombe County
Dear Mrs. Wilson:
On January 22, 2010,I preformed a site visit and surface waters identification on property
registered to you, located at 257 North Main Street, Weaverville,North Carolina. During the site
visit, two first order streams were identified feeding a second order stream on the property.
These have been approximately penned in on the attached map.
Should you have any questions regarding this determination, or with regard to jurisdiction,please
do not hesitate to contact me at 828-296-4657.
Yevin
gar s,
Barnett,
Environmental Specialist
Asheville Regional Office
S:\SWP\Buncombe\401 s\Non-DOTV ackson.Stream lD.257NMainStreet.Weaverville.01.22.2010.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
NOrtrlCaI01111a
- Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org Nahir"Iff
An Equal Opportunity 1 Affirmative Action Employer
�`
��
\��J
a\
N
d,
p
r
ar
muerml
257 OW
O f
my
a
ss
=r
c,
a
jug �+
�,
DAUM
0
i ,W ti
.o
�h �
,rrrrr A
MURR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 10, 2010
Joe Cline,Executive Director
Tuckaseigee Water& Sewer Authority
1246 W Main St
Sylva NC 28779
Subject: NOTICE OF VIOLATION
NOV-2010-DV-0065
Permit No.NCO039578
TWSA Plant 1
Jackson County
Dear Mr Cline:
A review has been conducted of self reported Bypass 5-Day Report/s submitted by Tuckaseig;ee Water&
Sewer Authority for Plant No. 1. This review has shown the subject facility to be in violation of the
requirements of Permit NC0039578 and/or G.S. 143-215.1(a)(1). The violation that occurred is
summarized below:
Area Violation Date Description Violation Type
Bypass(Waste Water 01/30/2010 Waste Water Treatment Plant Discharge
Overflow) Bypass Without Valid
Permit
25,000 Gallons
Remedial actions should be taken to correct recurrence of 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.
If you have any questions, please do not hesitate to contact Keith Haynes of this Office at 296-4500.
Sincerely,
Roger C. Ed\vards, Regional Supervisor
Surface Water Protection
Asheville Region
Cc: Central Files
ARO
Stan Bryson, ORC
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One
NorthCarOhria
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:828-29645001 FAX:828-299-70431 Customer Service:1-877-623-6748 Natimall
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer (�
Lt'"',r,trt i=3iTt' hY �'atef v` A 0i0 ;)\ ;)6(
I!��
1
`.ti:...
irCDEN-R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 10,2010
Vester Lequire
SKF Sealing Solutions
324 Industrial Park Rd
Franklin NC 28734
SUBJECT: NPDES Stormwater Permit Compliance Inspection
SKF Sealing Solutions
Permit No: NCG050260
Macon County
Dear Mr. Lequire:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
February 8, 2010. The facility was found to be in compliance with permit NCG050260.
Enclosed is a copy of the Compliance Inspection Report,which contains additional observations
and comments for your reference.
Please contact me at(828)296-4664 or chuck cranfordr&ncdenr Gov if I can be of any further
assistance.
Sincerely,
Chuck anford �y
Environmental Specialist
Surface Water Protection
Enclosure
cc: Central Files
Asheville Files
S:\SWP\Macon\Stormwater\NCG05 Apparel,Printing,\SKF Sealing\CEI.2-8-10.doe
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:www.ncwaterquality.orgl�� rl��l
An Equal Opportunity\Affirmative Action Employer 1 tt j
Permit: NCG050260 Owner-Facility: Skf USA UNC
Inspection Date:02/08/2010 Inspection Type: Compliance Evaluation Reason for Visit:Routine
Stormwater Pollution Prevention Plan Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan? ® n n n
#Does the Plan include a General Location(USGS) map? ® n n n
#Does the Plan include a"Narrative Description of Practices"? ® n ❑ Cl
#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? rm 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 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 ❑
#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 n
#Does the Plan include a Stormwater Facility Inspection Program? ® n n n
Has the Stormwater Pollution Prevention Plan been implemented? ® n n n
Comment:
Yes No NA NE
Qualitative Monitoring
Has the facility conducted its Qualitative Monitoring semi-annually? ® n n n
Comment:
Yes No NA NE
Analytical Monitoring
Has the facility conducted its Analytical monitoring? n n m n
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? n n ■ n
Comment:'
Yes No NA NE
Permit and Outfails
#Is a copy of the Permit and the Certificate of Coverage available at the site? ® ❑ n n
#Were all outfalis observed during the inspection? ❑ ■ n n
#If the facility has representative outfali,status,is it properly documented by the Division? ❑ n ■ n
#Has the facility evaluated all illicit(non stormwater)discharges? ® ❑ ❑ n
i Comment: outfall 001 was not easily accessible. Access.should be maintained for
inspection and monitoring purposes.
Page: 3
\\
�,
j_......
�f
Permit:NCG050260 Owner-Facility: Skf USA UNC
Inspection Date: 02/08/2010 Inspection Type`. Compliance Evaluation Reason for Visit:Routine
Stormwater Pollution Prevention Plan Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan? ® n n n
#Does the Plan include a General Location(LISGS)map? ® n n n
#Does the Plan include a"Narrative Description of Practices'? ® n n n
#Does the Plan include a detailed site map including outfall locations and drainage areas? ® 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
#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 n
#Does the Plan include a list of Responsible Party(s)? ® n n n
#Is the Plan reviewed and updated annually? ® n n n
#Does the Plan include a Stormwater Facility Inspection Program? ® n n n
Has the Stormwater Pollution Prevention Plan been implemented? ® ) n n
Comment:
Yes No NA NE
Qualitative Monitoring
Has the facility conducted its Qualitative Monitoring semi-annually? ® n n n
Comment:
Yes No NA NE
Analytical Monitoring
Has the facility conducted its Analytical monitoring? 00 ® n
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? n n ® n
Comment:
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 bythe Division? n n ■ n
#Has the facility evaluated all illicit(non stormwater)discharges? ® n n n
Comment: Outfall 001 was not easily accessible. Access.should be maintained for
inspection and monitoring purposes.
Page: 3
a'•.
-�.�..
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins Dee Freeman
Governor Director Secretary
February 11, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8342
Ms. Susan Glenn
P.O. Box 1770
Blowing Rock,North Carolina 28605-1770
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO055611
Susan Glenn
Blackberry Sewer System Wastewater Treatment Plant
Case No. MV-2010-0002
Caldwell County
Dear Ms. Glenn:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,967.00 ($1,900.00 civil penalty+ $67.00 enforcement costs) against Susan Glenn.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Susan Glenn for the month of June 2009. This review has
shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NCO055611. The violations which occurred in June 2009
are summarized in Attachment A to this letter. The June 2009 DMR has not been received.
Based upon the above facts, I conclude as a matter of law that Susan Glenn violated the terms,
conditions or requirements of NPDES Permit NCO055611 and G.S. 143-215.1(a)(6) in the manner
and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-
215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director,of the Division of Water Quality,I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Susan Glenn:
NorthCarolina
�Vaturallr�
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone: (828)296-4500\FAX:828 2997043\Customer Service: 1-877-623-6748
`` Internet:www ncwaterguality.org
$200.00 For 4 of the 4 failures to properly monitor FLOW in violation of NPDES
Permit No.NCO055611.
$500.00 For 20 of the20 failures to properly monitor TEMPERATURE in
violation of NPDES Permit No.NCO055611.
$200.00 For 4 of the 4 failures to properly monitor pH in violation of NPDES
Permit No.NCO055611.
For 4 of the 4 failures to properly monitor BOD in violation of NPDES
$200.00 Permit No.NCO055611.
$200.00 For 4 of the 4 failures to properly monitor NH3-N—Cone. in violation of
NPDES Permit No.NCO055611.
$200.60 For 4 of the 4 failures to properly monitor TSS in violation of NPDES
Permit No.NCO055611.
$200.00 For 4 of the 4 failures to properly monitor FECAL in violation of NPDES
Permit No.NCO055611.
$200.00 For 4 of the 4 failures to properly monitor DISSOLVED OXYGEN in
violation of NPDES Permit No.NCO055611.
$1,900.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$1,967.00 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:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved,the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions(Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore,it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form
within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an
attached file (with restrictions) -provided the signed original, one(1) copy and a filing fee (if a
filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings
within seven(7) business days following the faxed or electronic transmission. You should contact
the Office of Administrative Hearings with all questions regarding the filing fee and/or the details
of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: (919) 431-3000
Fax: (919) 431-3100
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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.
.Se be advised that additional penalties may be assessed for violations that occur after the
.view period of this assessment. If you have any questions, please contact Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely, _
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/attachments
Water Quality Lab & Operations/ORC w/attachments
5 Slt('C_2't1 sl�V_t,s no _}3ki kberr'_4L��_5�
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: MV-2010-0002 County: Caldwell
Assessed Party: Susan Glenn/Blackberry Sewer System WWTP
Permit No.: NC0055611 A `—
mount Assessed: $1,967.00
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
i
occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:
i'E OF NORTH CAROLINA
EPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
COUNTY OF CALDWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING
AND STIPULATION OF FACTS
SUSAN GLENN/ )
BLACKBERRY SEWER SYSTEM WWTP )
PERMIT NO. NCO055611 ) FILE NO. MV-2010-0002
Having been assessed civil penalties totaling $1,967.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated February 11, 2010, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative
hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment
document. The undersigned further understands that all evidence presented in support of remission
of this civil penalty must be submitted to the director of the Division of Water Quality within thirty
(30) days of receipt of the notice of assessment. No new evidence in support of a remission
request will be allowed after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE
W O O O 0 OC C 0 C C C C C C C C C C C C C C C C C IL _ _ _ _ _ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o e
FF- 0 T LR m m m m
0 m m m m m m a m ro
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 _o 0 0 0 0 0 0
Z S > > > > > > > > > > J > > > J S
O >. T
F- o o cTi CTi c�i cTi cTi cTi cTi cTi cTi c�i c�i cTi
Q C C C C C C C C C C C G C C G C C C C G
J 7 7 7 7 7 O N CD (U N U a) N CD a) N N a) a) N a) N d
7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7
N d d N N N N N d N N N 0 d N 0 N d d N LL LL LL LL LL LL LL LL LL LL LL LL U- LL LL LL LE LL LL LL LL LL LL LL
>�
OJ
0
LU
F-W
Q�
7J
Uj
J
Q
U
F-
J
W
LL
Oj - - - E E E E
o, of rn of o 0 0 o m '0 _0 o� rn m rn 0) rn 7 7 7 7
zz
ZQ E E E E E E E E E E E E E E E E N 0
CN
O
Cl
O
Z N z
W
V LU 0 Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
U c�6 a) d m o m v u a) a) m v m m o u 0) m m Lu LL 3 �
m
f4 O m m m m m m m m m m m m m m m m m m m m m m m m
{— W 0 QQQQQ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q o 0 0 0
J Q O N ` O .M- N N O CD N N O 0 - (D o n
Z N N 0 N N o N N(O (O (O (O (O (O (O (O W (O M O O .O O O 0 8 0 m
W O O O O 0 0 0 0 0 O O O O 0 0 0 0 0
CA > 0 0 0 0
U
W U U U U U
U U U
C C C C
W O O O O J J J O O O O
J U U U U
o 0 0 0 C) v 0 0 �: �: 3 �: z z z z
drommm pO U U U U O M C; M
WW WJ Li J z z dad
- Li- Li LL LLi z z CL
z
0 U O O C C C C C d a) O O U O O O a) C C C C C C
7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 a) a)
OU LU w w w 4E E � E E F E
W w W W W W W W W W W W W W W W W W W W W W W W
J
J
LLL-d o O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 o
7
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
to O
C C7
O
+-' Z~ m 0 m 0 m m 0 m 0 m m m m m m m m 0 0 0 0 0 o o 0 0 C. o m m m m m m m
0 0 0 0 0 0 0 0
00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 o 0 0 0
0 0 0 N N 0 0
N N N N N N 0 N N N N N N N N N N N N N N N N
Z W CO LO (O (O (O (O (O (O c0 (O (O t0 (D (O (O U 0 CD CO
L
0_ 0 0 0 0 0 o 0 0
J o 0 0 o 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 0 0 0 C Q o 0 0 0 o o -o o o 0 0 0 0
O Z lh 11J N In N tN InI!7 In In LI') l() 1n N 1n Ln In Ll7 l!) !n l(] O O O
n n o
m CD rn rn rn o 0
W N Co N I� 0 O
d N N N N N N O` 0 0
V7 to (n N N ti n
(d 2 O O O O O O O O
UU
p C o 0 0 0 0 0 0 0 0 z z z z _
mE� z z z z z z z z z
w xae.
o p
d O o 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 00 0 0 0 r-
(» (ri (si 61i C; (a (» t4 o L6 ui o t�
d O O (O 0 O>
0 N p
C 64 HY FR
O 00 61�
N
m N
n
M '� N
O O M (O M 0
r
(D Cl) O Cl) W O co N
61T N V) 64 fA
O
F-
C C (D m m On
ow O O O O
V) N N
UOO M
dEQ N
d o o 0
U��
0
O
V)C
2
Q m E
OW'Q
o 0
C o 0
o
Nc
Vl 3
O
ar �aEiE
Q) wit<
� v
C) rn
� c �
�00)Q
W=x p
i
�O O 0
(7 O O C!
N C
EO
w�¢
m
L 0 p N M
iQ U 0 p
z C a) 0 O
LU Wx
C
�-10 0 0
4 J N d Cl) 0
(l E v 0 0
a,a)CD
C, 0 0 0 0 O 0
V! O O O O O 0 O
d H3 ER (Pr (A (F} O fPr
0
l6 �
E (»
3 0
L3
(0 C Cl O O O O (O co 0 O 0 CD N
U a) p O O O C! '7 N O O O O C! n
E (ri 61i vi (si vi m O
co o u u C) N
N O (O co � (O
W d V3 (A fR V3 Hi
C i W
7 O
c o O
U WO
o o 0 o 0 C, O o 0 0
O O 0 0 0 (00 0 N b4 O O 0 C,
(t) O O O O N (fl co fR (A 64
C 6a N V C fA 64
(0 0 fR (H fi7.
dE
E aQ
N C .
N d
T LO co C)N p
E N N m 0 O OO O O �
V)> co (O 0O0w O N O C
tl 0 N N O O N
N d `
1-5
N N
C y� [0
C...' LO Np o O o 0 0
M _ O O N N
u! 1.)
ca O r
D @ U VJ N
V O O
U) CO Z Q N � O ON m
d N co O t`
O O O O O O p d
O 0 0 C? C? p VI.
p E 0 p C? 0 0 0 co 0o CD CD o (a
C — 7 N N N. N N N 0 0 0 O 0
U Z mmOm0 N 0
N
Oi O NNN CVN N 6
U. O cu
J
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 11,2010
David Nix
Caterpillar Precision Seals
517 Industrial Park Rd
Franklin,NC 28734
SUBJECT: NPDES Stormwater Permit Compliance Inspection
Caterpillar Precision Seals
Permit No: NCG050335
Macon County
Dear Mr.Nix:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
February 8,2010. The facility was found to be in compliance with permit NCG050335.
Enclosed is a copy of the Compliance Inspection Report,which contains additional observations
and comments for your reference.
Please contact me at(828) 296-4664 or chuck.cranfordnncdenr. ov , if I can be of any further
assistance.
Sincerely,
Chuck ranford
Environmental Specialist
Surface Water Protection
Enclosure
cc: Central Files
Asheville Files
S:\SWP\Macon\Stormwater\NCG05 Apparel,Printing,\CaterpillarPrecisionSeals\CEI.2-8'10.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 ol]e
Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 NorthCarollna
Internet:www.ncwaterquality.org ;Vatmaly
An Equal Opportunity 1 Affirmative Action Employer "�
--
'�
-�
�i`
Compliance Inspection Report
Permit: NCG050335 Effective: 06/01/08 Expiration 05/31/13 Owner: Caterpillar Precision Seals
SOC: Effective: Expiration: Facility: Caterpillar Precision Seals
County: Macon 517 Industrial Park Rd
Region: Asheville
Franklin NC 28734
Contact Person: Gene Damm Title: Phone: 828-349-8400
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 02/08/2010 Entry Time: 12:30 PM Exit Time: 01:30 PM
Primary Inspector: Chuck Cranford Phone:
Secondary Inspector(s):
Jeff Menzel Phone:
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Apparel/Printing/Paper/Leather/Rubber Stormwater
Discharge COC
Facility Status: ■ Compliant Q Not Compliant
Question Areas:
®Storm Water
(See attachment summary)
Page: 1
Permit: NCG050335 Owner-Facility: Caterpillar Precision Seals
Inspection Date: 02/08/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Inspection Summary:
DWQ staff was met on site by David Nix and others. A tour was conducted of the exterior of the facility, observing the
stormwater conveyances and outfalls and site conditions. During the visit, the SPPP manual was reviewed, operational
activities and existing stormwater exposures were discussed. Permit requirements were also reviewed as pertaining to
the most recent permit version, dated June 1, 2008. At the time of the inspection the site was found to be in compliance
with the permit. The inspector noted that the facility appeared to maintain good housekeeping practices and records were
found to be in good order.
Some discussion was held regarding the type of manufacturing conducted at the facility(metal seals), pertinent SIC
coding and permit applicability of the NCG05 permit. Upon further research, DWQ considers the NCG05 permit to be the
proper industrial stormwater permit for the facility:
The inspector noted that some materials were exposed to stormwater on the site; including, metal components, recycling
bins and certain disused equipment/materials. Exposure to stormwater could be reduced by providing additional covered
areas for these items.
r 1.
Page: 2
-
Permit: NCG050335 Owner-Facility: Caterpillar Precision Seals
Inspection Date: 02/08/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Stormwater Pollution Prevention Plan Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan? ® n n n
#Does the Plan include a General Location(USGS) map? ® C n n
#Does the Plan include a"Narrative Description of Practices"? ® n C C
#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? ■ C n C
#Has the facility evaluated feasible alternatives to current practices? ■ C n n
#Does the facility provide all necessary secondary containment? ® C C C
#Does the Plan include a BMP summary? ® C C C
#Does the Plan include a Spill Prevention and Response Plan(SPRP)? ■ Cl n C
#Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ C C n
#Does the facility provide and document Employee Training? ® C C C
#Does the Plan include a list of Responsible Party(s)? ® n n n
#Is the Plan reviewed and updated annually? ® n n n
#Does the Plan include a Stormwater Facility Inspection Program? ® n n n
Has the Stormwater Pollution Prevention Plan been implemented? ® C 0 n
Comment:
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ! C n n
Comment:
Yes No NA NE
Analytical Monitoring
Has the facility conducted its Analytical monitoring? n n ® C
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? n C ■ C
Comment:
Permit and Outfalls Yes No NA NE
#Is a copy of the Permit and the Certificate of Coverage available at the site? ■ C 00
#Were all outfalls observed during the inspection? ■ C 00
#If the facility has representative outfall status,is it properly documented by the Division? ❑ C C
#Has the facility evaluated all illicit(non stormwater)discharges? 7 C n n
Comment:
Page: 3
i
�._�
��
���,:,�'
Ao_='
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 12, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8335
Mr. Dan.McCra.cl en.. Chairman
Junaluska Sanitary District
Post Office Box 35
Lake Rtnaluska,North. Carolina 28745
SUBJECT: Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1)
and Collection System Permit No. WQCS00182
Junaluska Sanitary District
Wastewater Collection System
Case No. DV-201.0-0004
1laywood County
Dear Mr. McCracken:
This letter transmits an assessment of civil penalty in the amount of$2098.37
($ 2000.00 civil penalty + $ 98.37 enforcement costs) against Junaluska Sanitary District.
This assessment is based upon the following facts: a review has been conducted of the Sanitary
Sewer Overflow(SSO) 5-Day Report submitted by Junaluska Sanitary District. This review has
shown the subject facility to be in violation of the requirements found in Collection System Permit
WQCS00182 and G.S. 143-215.1(a)(1). The violation(s) that occurred are summarized in
Attachment A to this letter.
Based upon the above facts,I conclude as a matter of law that Junaluska Sanitary District violated
the terms, conditions or requirements of Collection System Permit WQCS00182 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, l, Roger C. Edwards, Surface Water Protection Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
Junaluska Sanitary 1:Jistrict.
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One L, t
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrt11CaTO1111a
Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748
Internet: www,ncwaterquality.org Naturally
An Equal Opportunity 1 Affirmative Action Employer
DV-2010-0004
Junaluska Sanitary District
Page 2
TOTAL CIVIL PENALTY = $ 2000.00
ENFORCEMENT COST $ 98.37
TOTAL AMOUNT DUE _ $ 2098.37
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 10-0004
,aluska Sanitary District
.,age 3
(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
fication for Remission Request." Both forms should
you complete and submit the enclosed "Justi
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
Roger C. l dwards, Surface Water Protection IZegiona:l Supervisor
2090 U.S. Hwy. 70
Swatmanoa,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:
DV-2010-0004
Junaluska Sanitary District `
Page 4
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 Don Price of the Asheville Regional Office at (828)296-4500.
Date— Sur acd Water Protection Regional Supervisor
Ashe�-ille Region
Division of Water Quality
ATTACHMENTS
cc: Regional Supervisor w/attachments
Public Information Officer
PERCS Unit Enforcement File w/attachments
Central Files w/attachments
S:\SWP\Haywood\Collection SystemsWunaluska Sanitary District Collection System\DV 2010 0004 Junalaska sanitary District doc `
i'E OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF HAYWOOD
J1_jNAI:AJSKA SANITARY DIS'IRIC'1"
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
JUNALUSKA SANITARY DISTRICT ) STIPULATION OF FACTS
WASTEWATER COLLECTION SYSTEM )
PERMIT NO.WQ(2SO01.82 ) FILE NO. DV-2010-0004
Having been assessed civil penalties totaling $ 2098.37 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated February 12,201 O, 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-2010-0004 County: HAYWOOD
Assessed Party: JUNAI,USK.A. SANITARY I) S'hk C" '
Permit No. (if applicable):WQCSOO 182 Amount Assessed: `6 2098.37
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:
N m O
o Z S m
r X
3 O
a O
v 0 A
A� (A N
c
n N
O
cn
O
m
m n D
O n
<CD
P
m C
w
m n _
� N
� � w
' n
o Z O
< (D
C
� O
3
N
m
A
3 �
Cl) c
m
w
c c
� N
to x D
m °1
;o N n
v � _
w m
Q -i
o 2. D
p N
p �t
O
4P K
n
O
C
z
2
w
O
O
G
O
m D�
mO m
Z 6)
O
o
z
N D
O
O O
F, z
N .(
D M
o m
m
3
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director `ecretary,
February 12, 2010
Jim Fatland, Town Manager
Town of Highlands
P.O. Box 460
Highlands, N.C. 28741
Subject: Permit No. WQ0034593
Town of Highlands
Chestnut Street Sewer Extension
Wastewater Collection System Extension
Macon County
Dear Mr. Fatland:
In accordance with your application received February8, 2010, we are forwarding herewith
Permit No. WQ0034593, dated February 12, 2010, to the Town of Highlands 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
DENR Customer Service Center Telephone 1 800 623-7748
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper
Town of Highlands February 12, 2010 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 Highlands for the construction and operation of approximately 555 linear feet of
8-inch gravity sewer to serve 2 3-bedroom residences, a 2000 sq. ft. business center with office and
retail space, and a 14 room motel as part of theChestnut Street Sewer extension project, and the
discharge of 2640 gallons per day of collected domestic wastewater into the Town of Highlands's
existing sewerage system, pursuant to the application received February 8, 2010 and in conformity with
15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and
Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and
approved by the Department of Environment and Natural Resources and considered a part of this
permit; The sewage and wastewater collected by this system shall be treated in the Town of Highlands
Treatment Facility (Permit No. NC0021407) 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,
for Coleen H. Sullins, Director
Division of Water Quality
cc: Macon County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0021407)
Lamar Nix,P.E., Town Engineer-Town of Highlands
Surface Water Protection Section Central Files
PERCS Files
SASWP\Macon\Collection System s\Highlands Collection System\-$0034593 Chesnut Street Sewer Extension 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 with15A NCAC 2B .0506(a), and public notice shall be provided as required by
North Carolina General Statute §143-215.1 C.
1
PERMIT NO. WQO 34593 Town of Highlands Chestnut Street Sewer Extension Macon CountyFebruary 12 201b
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall'be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station
and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project
is to be completed in phases and partially certified, you shall retain the responsibility to track
further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings, and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 213 .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2
-RMIT NO W00034593 Town of Highlands, Chestnut Street Sewer Extension Macon CountyFebruary 12 2010
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as,the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part l of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 121h day of February, 2010'
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Col en H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
PermitNumberWQ003459
3
PERMIT NO W00034593 Town of Highlands, Chestnut Street Sewer Extension Macon CountyFebruary 12 201't,
ENGINEERING CERTIFICATION POST CONSTRUCTION
System Description:
permission is hereby granted to the Town of Highlands for the construction and operation of approximately 555
linear feet of 8-inch gravity sewer to serve 2 3-bedroom residences, a 2000 sq. ft. business center with office and
retail space, and a 14 room motel as part of the Chestnut Street Sewer extension project, and the discharge of
2640 gallons per day of collected domestic wastewater into the Town of Highlands'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.
ENGINEER'S 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; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of
Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials.
North Carolina Professional Engineer's
seal, signature, and date:
.................................................................................................
SEND THIS FORM &SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.
w�*A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
'Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 15, 2010
Honorable Danny McIntosh, Mayor
Town of Burnsville
P.O. Box 97
Burnsville, N.C. 28714
SUBJECT: Technical Assistance Inspection
Status: NON-COMPLIANT
Burnsville Wastewater Collection System
NPDES Permit Number WQCS00143
Yancey County
Dear Mayor McIntosh:
Enclosed please find a copy of the Technical Assistance visit conducted on Nov. 3, 2009. The purpose of the
Technical Assistance visit was to make determinations as to the steps the Town of Burnsville should be making to
become compliant with conditions and requirements of permit WQCS00143, and the regulations pertinent to the
Wastewater Collection System to
Mr. Tom Storie's time and assistance in conducting the Technical Assistance (TA) inspection is appreciated. A
brief synopsis of the current steps the Town of Burnsville should address is as follows:
") Take immediate steps to "Designate" an ORC and a back-up ORC. Current documentation has not been received by
-ine Asheville Regional Office regarding this issue.
2) Take steps to develop and implement a written Collection System master plan that includes existing and future needs
with regards to the collection system.
3) Develop a °CIP" (Capital Improvement Plan) for the Collection system that should be a part of the Annual Budget
process.
4) Implement a "Record-keeping" review process that tracks system footage cleaned, inspected, replaced, and/or
retrofitted. Current record keeping is not consistent with permit conditions and regulations.
5) Implement a"Pump Station" upgrade plan/policy that includes a station evaluation addressing pump draw-down, station
capacity, and reliability. Current conditions at the pump stations allow for overflows.
Please refer to the enclosed inspection report for additional observations and comments, and contact me regarding this
TA should you or your staff have questions. I am still available to conduct "Follow-up" to this TA regarding Collection
System and/or WWTP operation. My telephone contact information is(828) 296-4500.
Sincerely,
Don Price
WWTP Consultant
Enclosure
cc:Jeff Menzel,ARO
Mr.Tom Storie, Burnsville Public Works Director
Central Files
Asheville Regional Office Files
2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1877 623-6748 TOne
Internet:www.ncwaterquality.ora l�ort�hC}a�rollina
An Equal Opportunity 1 Affirmative Action Employer V/ tuL Llily
Compliance Inspection Report
Permit: WQCS00143 Effective: 08/22/05 Expiration: 07/31/13 Owner: Town of Burnsville
SOC: Effective: Expiration: Facility: Burnsville Collection System
County:Yancey PO Box 97
Region: Asheville
Burnsville NC 28,714
Contact Person: Danny McIntosh Title: Mayor Phone:828-682-2420
Directions to Facility:
_System Classifications: CS2,
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
NC0020290 Town of Burnsville-Burnsville WWTP
Inspection Date: 11/03/2009 Entry Time: 09:30 AM Exit Time: 12:00 PM
Primary Inspector: Don Price ✓ Phone:828-296-4500
Secondary Inspectors): ®�
Jeff Menzel Phone:
Reason for Inspection: Routine Inspection Type:Technical Assistance
Permit Inspection Type: Collection system management and operation
Facility Status: Q Compliant Q Not Compliant
Question Areas:
Miscellaneous Questions Records Inspections Pump Station
(See attachment summary)
i
Page: 1
Permit:WQCS00143 Owner-Facility:Town of Burnsville
Inspection Date: 11/03/2009 Inspection Type:Technical Assistance Reason for Visit:Routine
Inspection Summary:
The purpose of this inspection was to make an assessment of the Collection System serving the Town of Burnsville and to
develop an"Itemized List"of items to be completed by the Town staff and/or their Engineer to meet the requirements of
an agreement between the Town and NCDENR-DWQ.
The following is a listing of findings:
(1)The.Town of Burnsville should develop a"written"Sewer Collection system master plan that includes existing and
future/forcasted needs, identified deficiencies and required corrections,what will be required to meet the future/forcasted
needs.
(2) ORC (Operator in Responsible Charge)and back-up ORC designation requirements. Burnsville has'yet"to complete
and maintain the"Permit Required"ORC/back-up ORC documentation and present this during an inspection of the
system.Forms have been left with Tom Storie, Part-time Public Works Director on several occasions.This needs to be
completed and submitted by the Town:
(3) CIP(Capital Improvement Plan), the Town of Burnsville has yet to develop a CIP for the Sewer Collection system.This
should be a part of the"Annual" budget process conducted by the Town.
(4)Tracking of the"Total Footage"of sewer line cleaned, inspected, and replaced per year is a"Permit Requirement".
The town needs to develop/utilize forms that allow for footage tracking.
(5) Pump Station upgrades. Two(2)of the four(4) Sewer Pump stations have the potential to fail based upon lack of
telemetry, current configuration, once/day inspection(s), and required maintenance involved with these stations(i.e. they
are"Can"type wet-well/dry-well stations.A"Complete"pump station evaluation including pump draw-down determination,
station capacity, reliability, and upgrade plans needs to be developed amd implemented. In addition to the environmental
consequences these stations pose, they also pose"operator Safety and Health issues.
It is suggested that the Town of Burnsville staff review"Asset Management"capabilities as they relate to Sewer Collection
systems. There are several avenues available to do this, but it requires that current Town staff make every effort to do
Web site research from the available resources that can be used. Follow-up communication,that includes e-mail,
telephone, and physical visitation will also be necessary to make this successful.
Page: 2
Permit:WQCS00143 Owner-Facility:Town of Burnsville
Inspection Date: 11/03/2009 Inspection Type:Technical Assistance Reason for Visit:Routine
Inspection S Yes No NA NE
Are maintenance records for sewer lines available? ■ ❑ ❑ ❑
Are records available that document pump station inspections? ■ 13 ❑ ❑
Are SCADA or telemetry equipped pump stations inspected at least once a week? ❑ ❑ ■ ❑
Are non-SCADA/telemetry equipped pump stations inspected everyday? ■ ❑ ❑ ❑
Are records available that document citizen complaints? ❑ ■ ❑ ❑
#Do you have a system to conduct an annual observation of entire system? ❑ ■ ❑ ❑
#Has there been an observation of remote areas in the last year? ■ ❑ ❑ ❑
Are records available that document inspections of high-priority lines? ■ ❑ ❑
Has there been visual inspections of high-priority lines in last six months? ■ ❑ ❑ ❑
Comment: While records are available to document inspection of the sewer collection
system, at the time of the inspection, the means available to conduct an annual
observation of the entire system is not available. It is suggested that.Burnsville use their
existing System Map to develop a system that documents an entire system observation
and 10% cleaning.
Records Yes No NA NE
Are adequate records of all SSOs,spills and complaints available? ❑ ■ ❑ ❑
Are records of SSOs that are under the reportable threshold available? ❑ ■ ❑ ❑
Do spill records indicate repeated overflows(2 or more in 12 months)at same location? ❑ E ❑ ❑
If yes, is there a corrective action plan? ■ ❑ ❑ ❑
Is a map of the system available? ■ ❑ ❑ ❑
Does the map include:
Pipe sizes ❑ ■ ❑ ❑
Pipe materials' ❑ ■ ❑ Q
Pipe location ■ ❑ ❑ EI
Flow direction ■ ❑ ❑ ❑
Approximate pipe age ❑ ■ ❑ ❑
Number of service taps ❑ ■ ❑ ❑
Pump stations and capacity ❑ ❑ ❑
If no,what percent is complete? 1001,
List any modifications and extensions that need to be added to the map
The current map is useful to System Management,but needs to include Pipe size, Pipe material,number of
service taps,age of pipe,and pump station capacity.
Page: 3
Permit:WQCS00143 Owner-Facility:Town of Burnsville
Inspection Date: 11/03/2009 Inspection Type:Technical Assistance Reason for Visit:Routine
#Does the permittee have a copy of their permit? ■ ❑ Q n
Comment: It is suggested that a complaint log be developed that can be used as an
SSP "Prevention"tool. By addressing compliants (i.e. odor, manhole area appearance,
etc.) one can better assess an SSO potential and incorporate means in their O & M plan
to prevent them.
Page: 4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION
February 15, 2010
J Robert Boyette
City of Marion`
PO Drawer 700
Marion NC 28752
Subject: "NOTICE OF VIOLATION
NOV-2010-DV-0049
EMC SOC WQ S06-003 Ad
Permit No. NCO071200
Catawba River WWTP
McDowell County
Dear Mr Boyette:
On August 8, 2007, the Environmental Management Commission entered into
the subject Special Order by Consent (SOC) whereby the subject WWTP was granted
relaxed effluent limitations for BOD and TSS from those imposed by the NPDES
Permit, in exchange for the City of Marion's commitment to a schedule of wastewater
treatment plant improvements that will return the WWTP to compliance with the terms
of the NPDES Permit. The SOC contains provisions for the assessment of stipulated
penalties when modified limits are exceeded or schedule dates are not met.
A review of Catawba River WWTP's monitoring reports for September 2009 and
October 2009 showed the following violations:
Parameter Date Limit Value Reported Limit Type
Value
BOD, 5-Day 09/12/09 130 mg/I 160 mg/I Weekly
Average
Exceeded
SOD, 5-Day 10/03/09 130 mg/I 143 mg/I Weekly
Average
Exceeded
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 J�����N�//�
Internet: www.ncwaterquality:org �/�/ L l
An Equal Opportunity 1 Affirmative Action Employer
City of Marion
February 15, 2010
Page Two
You are directed to immediately take whatever remedial actions are necessary to
correct the problems that have led to these violations. Section 3 of the SOC stipulates
that a penalty in the amount of$1000/monthly violation and $500/weekly average be
paid for noncompliance with any modified limit contained in the SOC. However, Section
4 of the SOC lists circumstances under which stipulated penalties are not due,
essentially stating this provision is applicable when the Division of Water Quality can be
satisfied the non-compliance was caused by events or circumstances beyond the
control of the City of Marion.
If you have information that will prove to the Division that any or all of the criteria set
forth in Section 4 have been, you must submit this information, in writing to the
Asheville Regional Office within ten (10) days after receipt of this notice. In the
absence of evidence justifying the application of the provision within Section 4, this
Office will proceed with assessment of stipulated penalties as provided for in the SOC.
If you should have any questions,please do not hesitate to contact Keith
Haynes or me at 828/296-4500.
Sincerely, �
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Enclosure
cc: WQ Central Files
NPDES Unit
ARO
VVWT11 71 'r�.}:oi::
_j
— f�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
February 17, 2010
Mr. Wayne Cassavaugh
Carolina Sand, Inc.
2440 Angus Lane
Lenoir, North Carolina 28645
Subject: Burke County Sand Pit
Burke County
Dear Mr. Cassavaugh:
The Asheville Regional Office/ Surface Water Protection Section recently reviewed
your application for the Fie Top Road Mine surface mine project submitted to the
Division of Land Resources/Land Quality Section.
In addition to any applicable Land Resources permits, you must also obtain a mining
stormwater general permit (NCG520000). This permit ensures that any activity
associated with your surface mining project will not degrade surface waters in the
adjacent area. A Notice of Intent (NOI) is attached with this letter. Please complete
the NOI and submit as directed to the Stormwater and General Permits Unit (bottom
of page 6 of 7), along with a fee of$100.
Should you have any questions please call me at (828) 296 4657 or Jennifer Jones
at (919) 807-6379.
Sincerel n
Kevin Barnett
Environmental Specialist
cc: ARO Files
Central Files
Division of Land Resources
S:\SWP\Burke\Stormwater\NCG02 Mining\Wayne Cassavaugh burke sand pit 02 2010.doc
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S,Highway 70,Swannanoa,North Carolina 28778 No1'thCar0hna
Phone:828-296-4500\FAX:828-299„-7043\Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org Naturally
An Equal Opportunity\Af nnative Action Employer
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 17, 2010
Joe Cline, Director Executive
Tuckaseigee Water &Sewer Authority
1246 W Main St
Sylva NC 28779
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0065
EMC-SOC-WQ-S05-015-Ad II
Permit No. NCO039578
TWSA Plant 1 WWTP
Jackson County
Dear Mr. Cline:
On September 2, 2009, the Environmental Management Commission entered into the
subject Special Order by Consent(SOC) whereby the subject WWTP was granted relaxed
effluent limitations for BOD, TSS and Fecal Coliform from those imposed by the NPDES Permit,
in exchange for the TWSA's commitment to a schedule of wastewater treatment plant
improvements that will return the WWTP to compliance with the terms of the NPDES Permit.
The SOC contains provisions for the assessment of stipulated penalties when modified limits are
exceeded or schedule dates are not met.
A review of TWSA Plant 1 WWTP's monitoring report for October 2009 showed the
following violations:
Parameter Date Limit Value Reported Limit Type
Value
Coliform, Fecal MF, M 10/31/09 400 438.1 #/100ml Monthly
FC Broth,44.5C #/100ml Geometric
Mean
Exceeded
NorthC,,iina
Natul"711Y
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service
Internet: www.ncwaterauality.org FAX (828)299-7043 1-877-623-6748
TWSA
February 17, 2010
Page Two
You are directed to immediately take whatever remedial actions are necessary to correct the
problems that have led to these violations. Section 3 of the SOC stipulates that a penalty in the
amount of $1000/monthly violation and $500/weekly average be paid for noncompliance with any
modified limit contained in the SOC. However, Section 4 of the SOC lists circumstances under which
stipulated penalties are not due, essentially stating this provision is applicable when the Division of
Water Quality can be satisfied the non-compliance was caused by events or circumstances beyond
the control of TWSA.
If you have information.that will prove to the Division that any or all of the criteria set forth in
Section 4 have been met, you must submit this information, in writing to the Asheville Regional Office
within ten (10) days after receipt of this notice. In the absence of evidence justifying the application
of the provision within Section 4, this Office will proceed with assessment of stipulated penalties as
provided for in the SOC.
If you should have any questions, please do not hesitate to contact Keith Haynes or me at
8281296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
S:\SWP\Jackson\Wastewater\Municipal\TWSA#1 39578\NOV-2010-LV-0065.doc
e ••
Aft
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen M. Sullins Dee Freeman
Governor Director Secretary
February 17, 2010
Arthur J. Kepes, Executive Vice President
Marion Retail Development, LLC
1415 Stuart Engals Boulevard
Mount Pleasant, S.C. 29464-3346
Subject: Permit No. WQ0034597,
Marion Retail Development, LLC
Grandview Station
City of Marion
Wastewater Collection System Extension
McDowell County
Dear Mr. Kepes:
In accordance with your application received February 10, 2010, we are forwarding herewith
Permit No. WQ0034597, dated February 17, 2010, to Marian Retail Development, 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 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
DENR Customer Service Center Telephone.1 800 623-7748
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper
Marion Retail Development, LLC February 15, 2010 Page L,,
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 Marion Retail Development,LLC for the construction and operation of approximately
3,400-linear feet of 8-inch gravity sewer, and 526-linear feet of 6-inch gravity sewer to serve a 147,806
sq.ft. Wal-Mart Supercenter, 40,600 sq.ft. of retail shops, and 3 outparcels as part of the Grandview
Station project, and the discharge of 3,160 gallons per day of collected domestic wastewater into the
City of Marion's existing sewerage system, pursuant to the application received February 10, 2010 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 Marion's Wastewater.Treatment Facility (Permit No. NC0031879) 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.
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 Mr. Don Price at
(828) 296-4500.
Sincerely,
for Coleen H. Sullins, Director
Division of Water Quality
cc: McDowell County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NCO031879)
Jeff Belya, P.E., Wolverton &Associates, Inc.
City of Marion WWTP, attn; Larry Carver, ORC
Surface Water Protection Section 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 .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 §143-215.1C.
1
PERMIT NO, W00034597, Marion Retail Development LLC Grandview Station McDowell CountyFebruary 15 2G..
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station
and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project
is to be completed in phases and partially certified, you shall retain the responsibility to track
further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the ,Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 213 .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours %
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2
<MIT-NO W00034597 Marion Retail Development, LLC, Grandview Station, McDowell CountyFebruary 15 2010
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all'or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part 11 of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
12. [CONSTRUCTION ONLY] This permit shall be for the construction of the wastewater collection
facilities only. No flow shall be made tributary to the subject facilities until permit modification
application is submitted (with the appropriate fee), a modified permit is issued, and the Engineer's
Certification is received and approved by the Division.
13. [ADDITIONAL WASTEWATER FOR UNKNOWN DEVELOPMENT] If, at any time, the additional
wastewater flow volume made tributary to this sewer extension is believed to exceed the value
permitted herein, a modification shall be requested for this permit from the Division of Water
Quality to properly allocate the subject wastewater flow.
Permit issued this the 15th Day of February, 2010
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
` .� .
forlCojben H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0034597
3
PERMIT NO.-
O W00034597 Marion Retail Development LLC, Grandview Station, McDowell CountyFebruary 15 2u
ENGINEERING CERTIFICATION — POST CONSTRUCTION
System Description:
permission is hereby granted to the Marion Retail Development,LLC for the construction and operation of
approximately 3,400-linear feet of 8-inch gravity sewer, and 526-linear feet of 6-inch gravity sewer to serve a
147,806 sq.ft. Wal-Mart Supercenter, 40,600 sq.ft. of retail shops, and 3 outparcels as part of the Grandview
Station project, and the discharge of 3,160 gallons per day of collected domestic wastewater into the City of
Marion`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.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of
Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials.
North Carolina Professional Engineer's
seal, signature, and date:
..................................................................................................
SEND THIS FORM & SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
................................................................................................
The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
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 Coleen H. Sullins Dee Freeman
Governer Director Secretary
February 18, 2010
Timken Company
Dan Lake, Environmental Permitting Mgr.
1835 Dueber Ave SW
Canton, OH 44706
SUBJECT: NPDES Stormwater Permit Compliance Inspection
Timken Company
Permit No: NCG030440
Polk County
Dear Mr. Lake:
A Stormwater Permit Compliance Inspection was conducted at the Timken facility in Polk
County,NC on February 11, 2010. Present during the inspection was Linda Wiggs and Jody
Splawn. The facility was found to be in compliance with permit NCG030440.
The following observations and recommendations were noted during the Division of Water
Quality (DWQ)inspection:
Stormwater DischarIze Outfall 2
A second Stormwater Discharge Outfall monitoring point needs to be monitored. Please add the
second Stormwater Discharge Outfall (SDO 2), which receives stormwater from the storage area
to the right of the building, to your site plan and monitoring schedule. An inlet drain that is
associated with this SDO 2 is located in a grassy area and has an erosion gully preceding it that
needs to be fixed prior to your sampling event in order to avoid elevated Total Suspended Solid
(TSS) results. Along with SDO 1, SDO 2 will require all Analytical and Qualitative monitoring,
including Total Toxic Monitoring.
PH Monitorin;
A pH meter is located onsite for pH analysis. However, calibration and probe storage solutions
necessary for accurate meter analysis are not onsite. Refer to the manufacturer instructions for
proper calibration and storage requirements.
Analytical Stormwater Monitoriny,Submittal
Please submit the next two sampling events analytical monitoring results from both of the
Stormwater Discharge Outfalls to the Asheville Regional Office(ARO) at the following address:
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 NorthCarolina
Internet:www.ncwaterquality.org
An Equal Opportunity ti Affirmative Action Employer NaturallY
Page Two
Timken Company
February 18,2010
Division of Water Quality-Linda Wiggs, 2090 US HWY 70, Swannanoa, NC 28778. Submittal
of these results to the Central Office as directed in permit is also required.
Attached is a copy of the inspection report. Please contact me a� `828) 296-4653 or
lnda.wiggs a ncdenr.gov_, if I can be of any further assistance.
Sincerely,
Linda Wiggs
Environmental Specialist
Surface Water Protection
Enclosure
cc: Central Files
Asheville Files
Timken Company-Jody Splawn '
205 Industrial Park Drive
Columbus NC 28722
SASWP\Polk\Stormwater\NCG03 Metal Fabrication\TIMKEN-NCG030440\timken-Inspect Itr Feb-2010.doc
Compliance Inspection Report
Permit: NCG030440 Effective: 11/01/07 Expiration: 10/31/12 Owner: The Timken Company
SOC: Effective: Expiration: Facility: The Timken Company-Tryon Peak
County: Polk 205 Industrial Park Dr
Region: Asheville
ColUmbus NC 28722
Contact Person: Daniel P Lake Title: Phone: 330-471-3716
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary.ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 02/11/2010 Entry Time: 12:20 PM Exit Time: 02:10 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: Metal Fabrication Stormwater Discharge COC
Facility Status: ■ Compliant r1 Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1
Permit: NCG030440 Owner-Facility:The Timken Company
Inspection Date: 02/11/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Inspection Summary:
Most of the site drains via conveyances to a basin at bottom of hill. This basin/hardwood weltand is very large and will
treat the stormwater. The area to the right of the building does have a storage area that drains to a stormdrain via
overland flow which is considered SDO 2 and needs to be monitored.
There is an erosion gully leading to SDO 2 stormdrain. Prior to sampling this outfall the erosion gully needs to be fixed to
avoid exceeding TSS benchmark.
During the inspection no chemicals were stored outside, however alot of raw material is stored outside.
It needs to be determined if pH meter is working properly. The facility needs to buy pH calibration solutions for meter to
determine if readings are accurate.
Page: 2
Permit: NCG030440 Owner-Facility:The Timken Company
Inspection Date: 02/11/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Stormwater Pollution Prevention Plan Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan? ■ 0 0 0
#Does the Plan include a General Location(USGS)map? ® 0 0 0
#Does the Plan include a"Narrative Description of Practices"? ❑ Cl 0
#Does the Plan include a detailed site map including outfall locations and drainage areas? 0 ■ Cl 0
#Does the Plan include a list of significant spills occurring during the past 3 years? 0 0 N 0
#Has the facility evaluated feasible alternatives to current practices? 0
#Does the facility provide all necessary secondary containment? 0
#Does the Plan include a BMP summary? ® Ej Q ❑
#Does the Plan include a Spill Prevention and Response Plan(SPRP)? ® 0 0 0
#Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ® 0 0 E)
#Does the facility provide and document Employee Training? ® 0 0
#Does the Plan include a list of Responsible Party(s)? ® 0 0 0
#Is the Plan reviewed and updated annually? ® 0 0 0
#Does the Plan include a Stormwater Facility Inspection Program? 0 0 0
Has the Stormwater Pollution Prevention Plan been implemented? ® EI 0 0
Comment: A second SDO was located and needs to be added to site plan.
No spills have occurred in the last 3 years.
Alternative to practices has not recently been needed. However, depending on
analytical resluts from SDO 2 a feasiblity study may be needed if benchmarks are
exceeded.
There were no chemicals stored outside at time of inspection.
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ® ❑ ❑ 0
Comment:
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? ■ 0 0 0
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? 0 0 ■ 0
Comment: Will need to add SDO 2 to monitoring schedule. All parameters at this time
are to be monitored. This inssection did not reveal any concerns with chemicals being
stored outside, so after several monitoring results below benchmark are achieved at
both SDOs, the facility should consider developing a Solvent Mangement Plan to avoid_
TTO sampling.
Permit and Outfalls Yes No NA NE
Page: 3
Permit: NCGO30440 Owner-Facility:The Timken Company
Inspection Date: 02/11/2010 Inspection Type;Compliance Evaluation Reason for Visit:Routine
#Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ Q
#Were all outfalls observed during the inspection? ■ ❑ n
#If the facility has representative outfall status, is it properly documented by the Division? n ■
#Has the facility evaluated all illicit(non stormwater)discharges? ■ n Q Q
Comment: A second SDO was located. Onsite rep and Canton Ohio rep thought this
area had representative outfall status. There are no records of Representative Outfall
status in the Asheville Office. This SDO needs to be added to site plan and monitored.
Unlike SDO 1, this SDO has no treatment and has the potential of delivering pollutants
to the adjacent waters. Monitoring will determine if this is a concern. Facility has been
told to send analytical results to the Region office for the next 2 sampling event.
Page: 4
4
RUDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 18, 2010
Mr. Nathan D. Benson
Benson Apartments
P.O. Box 1090
Mountain Home, North Carolina 28758
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0066
Permit No. NCO066362
Benson Apartments WWTP
Henderson County
Dear Mr. Benson:
A review of Benson Apartment's monitoring report for October 2009 showed the following violation:
Parameter Date Limit Value Reported Value Limit Type
Solids,Total Suspended - 10/22/09 45 mg/I 57.7 mg/1 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: however, should you have additional information concerning the violations or comments
which you wish to present, please submit them to the attention of Janet Cantwell.
The Division of Water Quality may pursue enforcement actions 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,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ORC
NorthCarolina
,Natcrra!!y
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service
Internet: www.ncwatercluality.org FAX (828)299-7043 1-877-623-6748
fi T4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 19, 2010
Mr. Donnie Bassinger
Caldwell County Schools
1914 Hickory Boulevard SW
Lenoir, North Carolina 28645
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0067
Permit No. NCO030783
Baton Elementary School WWTP
Caldwell County
Dear Mr. Bassinger:
A review of Baton Elementary School's monitoring report for October 2009 showed the following violation:
Parameter Date Limit Value Reported Value Limit Type
Nitrogen, Ammonia Total (as 10/07/09 15 mg/l 17.8 mg/I Daily ace Maeximum
N) -Concentration
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 of the reason for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement
action for this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this office
within 10 (ten)working days of receipt of this letter. You should address the causes of non-compliance and all actions
taken to prevent the recurrence of similar situations.
If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor -
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Water Tech Labs/ORC
NorthCarolina
Alltural!y
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 ho e(828)299-7043 500 Customer
sto er Service
Internet: www.ncwaterguality.org
��
`�__
i�
��.
_ __ _ - --
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
February 23, 2010
Mr. R. Belvin Hall. Assistant Director
Buncombe County Board of Education
Maintenance Department
175 Bingham Road
Asheville NC 28806
SUBJECT: Compliance Evaluation Inspection
Cane Creek Elementary School WWTP
Permit No: NCO086436
Buncombe County
Dear Mr. Hall:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection
conducted on February 19, 2010. The facility was found to be in Compliance with permit NC0086436.
Please refer to the enclosed inspection report for additional observations and comments. If you or
your staff have any questions, please call me at 828-296-4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files
S:\SWP\Buncombe\Wastewater\Minors\Cane Creek Elem Sch 86436\CEI.02-19-10.doc
"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\Customer Service: 1-877-623-6748 )VWmrallrf
Internet:www.ncwaterquality.org,SvA
�\
�F:-.,
\��1`
United States Environmental Protection Agency Form Approved.
n Washington,D.C.20460 OMB No.2040-0057
EPA A Water Compliance Inspection Repo rt Approval expires.8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO086436 Ill 121 10/02/19 117 18I CI 19I sI 20I_I
Remarks 66
— —--- ---- Reserved
Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ----------
-
671 1.o 169 70131 711 I 72 I N I 73 W 74 75I I I I I I 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) 06/02/01
01:35 PM 10/02/19
Cane Creek Elementary School
Exit Time/Date Permit Expiration Date
570 Lower Brush Creek Rd
Fletcher NC 28732 02:20 PM 10/02/19 10/12/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Kenneth Garey Henson/ORC/828-251-1900/
Name,Address of Responsible Official/Title/Phone and Fax Number
_ Contacted
No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Operations&Maintenance Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-45o0 Ext.4662/ q /!
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Gv
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1
�.`
��
�.
J
__..
NPDES yr/mo/day Inspection Type (cont.) 1
3� NC0086436 I11 1`2I 10/02/19 I17 181I
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Please forward a copy of this report to your operator and/or contract operating firm (if applicable).
FACILITY DESCRIPTION:
The Cane Creek Elementary School WWTP is a Class II facility rated as'a 0.012 MGD extended
aeration with: manual bar screen; flow equalization with audible and visual alarms; aeration
basin with blowers providing diffused air; clarifier with sludge return; aerobic digestor;
tablet chlorinator; chlorine contact chamber; dechlorination unit with post-aeration; 22.5
degree V-notch weir with flow recorder and standby natural gas generator.
PERMIT/INSPECTION /LOG:
A review of the files indicates that the last compliance evaluation inspection was conducted on
11-17-2008 by Wanda Frazier.
The permit expires on 12-31-2010. Please request a permit renewal 6 months prior to expiration.
A renewal notice will be mailed as a reminder.
The daily operator log was present on-site and had good notation of daily events, process
control and field testing data.
TREATMENT UNITS / PROCESS CONTROL TESTING DATA:
The activated sludge aeration basin process control data was as follows:
Temperature = 6.7 degrees Celsius
pH = 6.36 units--- Hydrated lime, sodium bicarbonate and soda ash were added to raise
the pH and increase the alkalinity.
Dissolved Oxygen = 3.47 mg/I ---The timers were adjusted to increase aeration on
Saturday (2/20/10), due to a school make-up day.
Tip: The ideal level for dissolved oxygen in the aeration basin is generally 1 to 3
mg/l. Seasonal changes in temperature require the adjustment of the aeration timer to
achieve ideal dissolved oxygen levels.
Settleable Solids= 250 ml/I = 25%
Tip: Using the settleability test, the return sludge pumping rate is usually set so
that the flow rate is approximately equal to the percentage volumes occupied by the
settleable solids from the aeration basin after settling for 30 minutes in a
settleometer. For example, a settleability of 30%would generally indicate a
recommended return sludge pumping rate of 30%.
Having the percent settleable solids (i.e. 30%)the same as the percent return sludge
pumping rate (i.e. 30%), allows for the solids balance in the plant to be maintained.
Page# 2
�'� .
r�-��
�`_%
�_ ,.
\_ .
__ __ __
Permit: NCO086436 Owner-Facility: Cane Creek Elementary school
Inspection Date: 02/19/2010 Inspection Type: Compliance Evaluation
If the plant cannot handle that return sludge pumping rate, then wasting is probably
recommended, unless the sludge is too young.
EFFLUENT:
The effluent data was as follows:
pH = 6.36 units
Temperature = 6.7 degrees Celsius
Chlorine = 11 ug/I
OPERATIONS AND MAINTENANCE/ EFFLUENT/SUMMARY:
Mr. Kenneth Henson, ORC, assisted in the inspection and appears to be operating and maintaining
the facility very well.
The effluent was clear and appeared to be in compliance with permit limits.
SYSTEM PERFORMANCE ANNUAL REPORT:
Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for
submittal of the System Performance Annual Report is as follows:
The owner or operator of any wastewater treatment works or wastewater collection systems that
treats or collects primarily domestic or municipal waste, must provide an Annual Report to its
users or customers and to the Department of Environment and Natural Resources that summarizes
the treatment works'-and collection system's performance over a 12 month period.)
The System Performance Annual Performance Report had been filed for the calendar year 2008 and was
received by the Division on February 26, 2009.
The System Performance Annual Report,for 2009, is due no later than 60 days of the end of the
reporting period.
Report Format:
The following is provided as guidance to assist you in meeting this aspect of the new reporting
requirements. The law states the above mentioned report shall summarize the performance of the
treatment works or collection system and state the extent to which any terms of its permit,
federal laws, or any State laws, regulations or rules related to the protection of water quality
have been violated. In order to meet the spirit of this law, it is strongly suggested that,at
a minimum, the report contain the following information:
Page# 3
/'�
�`�i
__
�-l;
__ _ _.
Permit: NCO086436 owner-Facility: Cane Creek Elementary School
Inspection Date: 0211 9/20 1 0 Inspection Type: Compliance Evaluation
I. General Information
• Name of regulated entity and county
• Responsible entity, person or contact with phone number or address
• Listing of applicable permit(s)—NPDES and Collection System permits, etc.
Note: water plant wastewater dischargers are exempt)
• Description of collection or treatment system or process
II. Performance
• Description of overall 12-month performance, noting highlights and deficiencies.
• By month, list of the number and type of any violations of permit conditions, environmental
regulations or environmental laws, including (but not limited to):
Permit Limit Violations—list by month and type
Monitoring and Reporting Violations—i.e. NOVs and Civil Assessments
(Illegal) Bypass of treatment facilities*
Sanitary Sewer Overflows (SSOs)*- Dates of SSOs*, Press Releases & Public
Notices (*Note the estimated total monthly volumes and locations of events in which more
than 1,000 gallons of waste reached surface waters.
• Description of any known environmental impact of violations
• Description of corrective measures taken to address violations or deficiencies
III. Notification
• Statement as to how users or customers have been provided access to the report.
IV. Certification
• Statement by a responsible official certifying the report is accurate and complete.
It shall be left to the individual applicable entities to decide both how much detail above minimum they wish
to provide in the report and how they will provide the report to their users or customers. This law was
established to provide a mechanism for public oversight(and hopefully, to instill public confidence).Those
entities that fall under the scope of this part of the law are encouraged to be
forthcoming in their report and they should provide its readers a contact where they may view more detailed
information.
To satisfy the Departmental reporting requirement, three copies of the report should be submitted to the
following address:
System Performance Annual Report
North Carolina Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
(You may base your report on either a calendar year or a fiscal year time frame: i.e. July 1 —June 30.)
Page# 4
F
��
�,
J,,
Permit: NCO086436 Owner-Facility: Cane Creek Elementary School
Inspection Date: 02/19/2010 Inspection Type: Compliance Evaluation
Yes No NA NE
Permit
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? 0 ■ 0
Is the facility as described in the permit? ■ n ❑ n
#Are there any special conditions for the permit?
n ■ nCi
Is access to the plant site restricted to the general public?
■ Ci
Is the inspector granted access to all areas for inspection? nn
Comment:
Yes No NA NE
Operations &Maintenance
■ nnn
Is the plant generally clean with acceptable housekeeping?
Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge ■ ❑ n n
Judge,and other that are applicable?
Comment:
Yes No NA NE
Bar Screens
Type of bar screen
■
a.Manual
n_
b.Mechanical
■ nnn
Are the bars adequately screening debris?
■ nnn
Is the screen free of excessive debris?
Is disposal of screening in compliance?
■ 0nn
■ nnn
Is the unit in good condition?
Comment:
Yes No NA NE
Aeration Basins -
Ext.Air
Mode of operation
Diffused
Type of aeration system
Is the basin free of dead spots? ■ ❑ Q
Are surface aerators and mixers operational? rin ■ n
■ nnn
Are the diffusers operational?
■
Is the foam the proper color for the treatment process? .nnn
- ■ nnn
Does the foam cover less than 25%of the basin's surface?
■ np
Is the DO level acceptable? n
■ nnn
Is the DO level acceptable?(1.0 to 3.0 mgll)
Page# 5
r-��,
,�,
���_,
_�.�
_ _
Permit: NC0086436 owner-Facility: Cane Creek Elementary School
Inspection Date: 02/19/2010 Inspection Type: Compliance Evaluation
Aeration Basins Yes No NA NE
Comment:
Yes No NA NE
Secondary Clarifier —
Is the clarifier free of black and odorous wastewater? n ❑ n
Is the site free of excessive buildup of solids in center well of circular clarifier? Q El M n
Are weirs level? ❑ n n
Is the site free of weir blockage? n
Is the site free of evidence of short-circuiting? ❑ n n
Is scum removal adequate? ❑ n n
Is the site free of excessive floating sludge? Q ❑
Is the drive unit operational? n Q n
Is the return rate acceptable(low turbulence)? fl n In
Is the overflow clear of excessive solids/pin floc? o n n
Is the sludge blanket level acceptable?(Approximately'/of the sidewall depth) n n ❑
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ n n
El
Are the tablets the proper size and type? 0 ❑ n n
2
Number of tubes in use?
Is the level of chlorine residual acceptable? Q n n
Is the contact chamber free of growth,or sludge buildup? n Q n
Is there chlorine residual prior to de-chlorination? ❑ 00
Comment:
De-chlorination Yes No NA NE
Type of system?
Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ n
Ej
Is storage appropriate for cylinders? ❑ n M
#Is de-chlorination substance stored away from chlorine containers? n ❑ ■ n
Comment:
Are the tablets the proper size and type? n ❑
Are tablet de-chlorinators operational? ❑ n Cl
Page# 6
�\
-�
i
`�,'
Permit: NC0086436 Owner-Facility: Cane Creek Elementary School
Inspection Date: 02/19/2010 Inspection Type: Compliance Evaluation
De-chlorination Yes No NA NE
Number of tubes in use? 2
Comment:
Standby Power Yes No NA NE
Is automatically activated standby power available? n n n
Is the generator tested by interrupting primary power source? n ❑ ❑
Is the generator tested under load? ❑ n n
Was generator tested&operational during the inspection? n n n
Do the generator(s) have adequate capacity to operate the entire wastewater site? ❑ ❑ ❑
Is there an emergency agreement with a fuel vendor for extended run on back-up power? n n n
Is the generator fuel level monitored? n n n
Comment: The generator is connected to the natural gas pipeline. No refueling is
necessary.
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? 0 0 n Cl
Are the receiving water free of foam other than trace amounts and other debris? n n n
If effluent (diffuser pipes are required) are they operating properly? n n ■ ❑
Comment:'
Page# 7
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
February 23, 2010
Mr. R. Belvin Hall. Assistant Director
Buncombe County Board of Education
Maintenance Department
175 Bingham Road
Asheville NC 28806
SUBJECT: Compliance Evaluation Inspection
Fairview Elementary School WWTP
Permit No: NCO066788
Buncombe County
Dear Mr. Hall
Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection
conducted on February 19, 2010. The facility was found to be in compliance with permit NC0066788.
Please refer to the enclosed inspection report for additional observations and comments. If you or
your staff should have any questions, please call me at 828-296-4500 extension 4662.
Sincerely,
� a
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files
S:\SWP\Buncombe\Wastewater\Minors\Fairview Elementary 66788\CE1.02-19-10.doc
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\Customer-Service: 1-877-623-6748
Internet:www.ncwaterguality.orq
United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 INI 2 I5I 31 N00066788 I11 121 10/02/19 117 18ICI 19ISI 20I-I
Remarks
211111111111111111111111111111111111111111 LlIIIII
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----------------------Reserved-----—--------------
67 I 1.0 169 70I 3 I 711 I 721 NJ 73 L_U 74 751 I I I I I I 180
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
12:15 PM 10/02/19 06/01/01
Fairview Elementary School
1355 Charlotte Hwy Exit Time/Date Permit Expiration Date
Fairview NC 28730 01:25 PM 10/02/19 10/12/31
Name(s)of Onsite Representative(s)Tfitles(s)/Phone and Fax Number(s) Other Facility Data i
Kenneth Garey Henson/ORC/828-251-1900/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Flow Measurement Operations&Maintenance 0 Records/Reports
Facility Site Review Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/OfficelPhone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
( Lslb
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1
��
J��
i'\
�'�
NPDES yr/mo/day Inspection Type (cont. 1
3I NCO066788 I11 121 10/02/19 117 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Please forward a copy of this report to your operator and/or contract operating firm (if applicable).
FACILITY DESCRIPTION:
The Fairview Elementary School WIVTP is a Class II facility rated as a 0.011 MGD extended
aeration with:influent pumps; manual bar screen; flow equalization basin with audible and
visual alarms; aeration basin with blowers providing diffused air; clarifier with sludge return;
aerobic digestor; tablet chlorinator; chlorine contact chamber; dechlorination unit; flow
recorder and stand-by natural gas generator.
PERMIT/ INSPECTION /LOG:
A review of the files indicates that the last compliance evaluation inspection was conducted on
11-17-2008 by Wanda Frazier.
The permit expires on 12-31-2010. Please request a permit renewal 6 months prior to expiration.
A renewal notice will be mailed as a reminder.
The daily operator log was present on-site and had good notation of daily events, process
control and field testing data.
TREATMENT UNITS/ PROCESS CONTROL TESTING DATA:
The activated sludge aeration basin process control data was as follows:
Temperature = 7.2 degrees Celsius
pH = 6.2 units --- Hydrated lime, sodium bicarbonate and soda ash were added to raise
the pH and increase the alkalinity.
Dissolved Oxygen = 2.96 mg/I --- The timers were adjusted to increase aeration on
Saturday (2/20/10), due to a school make-up day.
Tip: The ideal level for dissolved oxygen in the aeration basin is generally 1 to 3
mg/I. Seasonal changes in temperature require the adjustment of the aeration
timer to achieve ideal dissolved oxygen levels. -
Settleable Solids = 280 ml/I =28%
Tip: Using the settleability test, the return sludge pumping rate is usually set so
that the flow rate is approximately equal to the percentage volumes occupied by the
settleable solids from the aeration basin after settling for 30 minutes in a
settleometer. For example, a settleability of 30%would generally indicate a
recommended return sludge pumping rate of 30%.
Having the percent settleable solids (i.e. 30%) the same as the percent return sludge
Page# 2
`\
%-,
\4�
__ . .
Permit: NCO066788 Owner-Facility: Fairview Elementary.School
Inspection Date: 02/19/2010 Inspection Type: Compliance Evaluation
pumping rate (i.e. 30%), allows for the solids balance in the plant to be maintained.
If the plant cannot handle that return sludge pumping rate, then wasting is probably
recommended, unless the sludge is too young.
EFFLUENT:
The effluent data was as follows:
pH = 6.2 units
Temperature = 7.2 degrees Celsius
Chlorine = 12 ug/I
OPERATIONS AND MAINTENANCE/ EFFLUENT/ SUMMARY:
Mr. Kenneth Henson, ORC, assisted in the inspection and appears to be operating and maintaining
the facility very well.
The effluent was clear and appeared to be in compliance with permit limits.
SYSTEM PERFORMANCE ANNUAL REPORT:
Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for
submittal of the System Performance Annual Report is as follows:
The owner or operator of any wastewater treatment works or wastewater collection systems
that treats or collects primarily domestic or municipal waste, must provide an Annual
Report to its users or customers and to the Department of Environment and Natural
Resources that summarizes the treatment works' and collection system's performance over a
12 month period.)
The System Performance Annual Performance Report had been filed for the calendar year 2008 and
was received by the Division on February 26, 2009.
The System Performance Annual Report, for 2009, is due no later than 60 days of the end of the
reporting period. _
Report Format:
The following is provided as guidance to assist you in meeting this aspect of the new reporting
requirements. The law states the above mentioned report shall summarize the performance of the
treatment works or collection system and state the extent to which any terms of its permit,
federal laws, or any State laws, regulations or rules related to the protection of water quality
have been violated. In order to meet the spirit of this law, it is strongly suggested that, at
a minimum, the report contain the following information:
Page# 3
A
�_,,:.
��
Permit: NCO066788 Owner-Facility: Fairview Elementary School
Inspection Date: 02/19/2010 Inspection Type: Compliance Evaluation
I. General Information
• Name of regulated entity and county
• Responsible entity, person or contact with phone number or address
• Listing of applicable permit(s)— NPDES and Collection System permits, etc.
(Note: water plant wastewater dischargers are exempt)
• Description of collection or treatment system or process
II. Performance
• Description of overall 12-month performance, noting highlights and deficiencies.
• By month, list of the number and type of any violations of permit conditions,
environmental regulations or environmental laws, including (but not limited to):
Permit Limit Violations—list by month and type
Monitoring and Reporting Violations—i.e. NOVs and Civil Assessments
(Illegal) Bypass of treatment facilities*
Sanitary Sewer Overflows (SSOs)*- Dates of SSOs*, Press Releases & Public
Notices (*Note the estimated total monthly volumes and locations of events in which more
than 1,000 gallons of waste reached surface waters.
• Description of any known environmental impact of violations
• Description of corrective measures taken to address violations or deficiencies
III. Notification
• Statement as to how users or customers have been provided access to the report.
IV. Certification
• Statement by a responsible official certifying the report is accurate and complete.
It shall be left to the individual applicable entities to decide both how much detail above minimum they wish
to provide in the report and how they will provide the report to their users or customers. This law was
established to provide a mechanism for public oversight(and hopefully, to instill public confidence). Those
entities that fall under the scope of this part of the law are encouraged to be forthcoming in their report and
they should provide its readers a contact where they may view more detailed information.
To satisfy the Departmental reporting requirement, three copies of the report should be submitted to the
following address:
System Performance Annual Report
North Carolina Division of Water Quality
1617 Mail Service Center -
Raleigh, NC 27699-1617
(You may base your report on either a calendar year or a fiscal year time frame: July 1 —June 30.)
Page# 4
Permit: NCO066788 Owner-Facility: Fairview Elementary School
Inspection Date: 02/19/2010 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 11 0 Cl
Is the facility as described in the permit? n n n
#Are there any special conditions for the permit? n ■ n
Cl
Is access to the plant site restricted to the general public? ■ ❑ n n
Is the inspector granted access to all areas for inspection? n n n
Comment:
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? f_l ❑ n
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH,DO,Sludge ■ n 0—
Judge, and other that are applicable?
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual
b.Mechanical ❑
Are the bars adequately screening debris? Cl n n
Is the screen free of excessive debris? n n n
Is disposal of screening in compliance? n n n
Is the unit in good condition? n n n
Comment:
Equalization Basins` Yes No NA NE
Is the basin aerated? - n n n
Is the basin free of bypass lines or structures to the natural environment? n n
Is the basin free of excessive grease? 0 n n n
Are all pumps present? n n n
Are all pumps operable? Q n
Are float controls operable? ❑ n n
Are audible and visual alarms operable?
#Is basin size/volume adequate? Q n n
Comment: -
Page# 5
Permit: NCO066788 Owner-Facility: Fairview Elementary School
Inspection Date: 02/19/2010 Inspection Type: Compliance Evaluation
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ n n n
Are surface aerators and mixers operational? n n ■
Are the diffusers operational? ■ n n n
Is the foam the proper color for the treatment process? ■ n n FI
Does the foam cover less than 25%of the basin's surface? ■ n n n
Is the DO level acceptable? ■ n n n
Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ ❑ n n
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ n n n
Is the site free of excessive buildup of solids in center well of circular clarifier? n ❑ ■ n
Are weirs level? ■ ❑ n n
Is the site free of weir blockage? ■ Q In ri
Is the site free of evidence of short-circuiting? ■ ❑ n
Is scum removal adequate? ■ ❑ n n
Is the site free of excessive floating sludge? ■ fl n n
Is the drive unit operational? n n ■
Is the return rate acceptable(low turbulence)? ■ n n n
Is the overflow clear of excessive solids/pin floc? ■ ❑ n ❑
Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ■ fl n 171
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ n n n
Are the tablets the proper size and type? ■ ❑ ❑ n
Number of tubes in use? 3
Is the level of chlorine residual acceptable? ■ n n ❑
Is the contact chamber free of growth,or sludge buildup? ■ ❑ ❑ ❑
Page# 6
\,
L.,�../�
�..
\:._>�,
Permit: NC0066788 Owner-Facility: Fairview Elementary School
Inspection Date: 02/19/2010 Inspection Type: Compliance Evaluation
Disinfection-Tablet Yes No NA NE
Is there chlorine residual prior to de-chlorination? n n n
Comment:
De-chlorination Yes No NA NE
Type of system?
Is the feed ratio proportional to chlorine amount(1 to 1)? ■ n n n
Is storage appropriate for cylinders? n n ■ ❑
#Is de-chlorination substance stored away from chlorine containers? ■ n n n
Comment:
Are the tablets the proper size and type? ■ n n n
Are tablet de-chlorinators operational? ■ n n n
Number of tubes in use? 3
Comment:
Standby Power Yes No NA NE
Is automatically activated standby power available? ■ n n n
Is the generator tested by interrupting primary power source? ■ n n ❑
Is the generator tested under load? ■ n n n
Was generator tested&operational during the inspection? ■ n n n
Do the generator(s)have adequate capacity to operate the entire wastewater site? ■ n n n
Is there an emergency agreement with a fuel vendor for extended run on back-up power? n n ■ n
Is the generator fuel level monitored? n n ■ n
Comment: The generator is connected to the natural gas pipeline. No refueling is
necessary.
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? ■ ❑
El 0
If effluent (diffuser pipes are required) are they operating properly? n n ■
Comment:
Page# 7
"A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 24. 2010
Joseph M. Moore II, City Manager
City of Brevard
95 West Main Street
Post Office Box 426
Brevard,North Carolina 28712
Subject: NOTICE OF VIOLATION
NOV-2010-DV-0092 and NOV-2010-DV-0093
Permit No. Permit No. WQCS00084
City of Brevard
City of Brevard Collection System
Transylvania County
Dear Mr. Moore:
A review has been conducted of City of Brevard's Collection System self reported Sanitary
Sewer Overflows (SSO's) 5-Day Report/s submitted by City of Brevard's Collection. System
ORC, Mr. Anthony Coward. This review has shown the subject facility to be in violation of the
requirements found in Collection System Permit WQCS00084 and/or G.S. 143-215.1(a) (1). The
violation/s that occurred are summarized below:
Area Violation Date Description Violation
Type
CSO/SSO 1/24/2010 Sanitary Sewer Overflow Discharge
(Sewer Overflow) NO -2010-ov-0092 281,928 gallons Without Valid
Permit
CSO/SSO 1/17/2010 Sanitary Sewer Overflow Discharge
(Sewer Overflow) NOV-20104DV-0093 108,072 gallons Without Valid
Permit
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 30 days of receipt of this letter. If you should have any
questions, please do not hesitate to contact Mr. Don Price at(828)296-4500.
One
6ocation:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:828-296-450M FAX:828-299-70431 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org Naturally
ally
An Equal Opportunity 1 Affirmative Action Employer
Page 2
Feb.24,2010
City of Brevard Collection System
Please note that due to the continued high numbers of SSO's in North Carolina the Division has
implemented a new SSO enforcement policy on May 15, 2007. Between May 15, 2007, and June
1, 2007 the Division of Water Quality will contact collection system operators to inform them of
this policy. Beginning June 1, 2007 until December 1, 2007 any reportable SSO will be issued a
Notice of Violation (NOV). Beginning on December 1, 2007 civil penalties will be issued for
SSO's based on volume, volume reaching surface waters, duration and gravity and impacts to
public health, fish kills or recreation area closures. Other factors considered in determining the
amount of the civil penalty are the violator's history of spills, the cost of rectifying the damage,
whether the spill was intentional and whether money was saved by non-compliance.
If you have any question regarding this policy please contact your Asheville Regional Office
Staff, or Mr. Don Price at(828)296-4500.
Sincerely,
Roger C. Edwards
Surface Water Protection Section Supervisor
Division of Water Quality
Asheville Regional. Office
Cc; Central Files
PERCS
Anthony Coward, City of Brevard Collection System ORC
S.`\SWP\`I'ransylvania\Collection Systems\Brevard Collection Svsteni NOV 2010 DV 0092 and NOV 2010 DV 0093.doc
K-j,WA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
February 25, 2010
Mr. George Schultz
United World Mission
PO Box 250
Union Mills, NC 28167-0250
SUBJECT: Compliance Evaluation Inspection
United World Mission
Collection System
Permit No: WQCSD0491
Rutherford County
Dear Mr. Schultz:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspections
conducted on January 22 and February 23, 2010. The facility was found to be in compliance with permit
WQCSD0491.
Please refer to the enclosed inspection report for additional observations and comments. If you or
your staff should have any questions, please call me at 828-296-4662.
Sincerely,
Wanda P Frazier
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files
\'S:\SWP\Rutherford\Wastewater\Minors\United World Mission 32174\WQCSD0491 CEI.02-25-10.doc ViMA arolff
��rturrr!!�
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service
Internet: www.ncwaterouality.org FAX (828)299-7043 1-877-623-6748
I
��:�
_.-'�
Compliance Inspection Report
Permit: WQCSD0491 Effective: 08/28/09 Expiration: Owner: United World Mission
SOC: Effective: Expiration: Facility: United World Mission
County: Rutherford 6494 Hudlow Rd
Region: Asheville
Union Mills NC 28167
Contact Person: George Schultz Title: Phone: 704-287-8996
Directions to Facility:
System Classifications:
Primary ORC: Donald Eugene Raisch Certification:988596 Phone:828-287-8996
Secondary ORC(s):
On-Site Representative(s): -
Related Permits:
Inspection Date: 01/22/2010 Entry Time: 11:00 AM Exit Time: 01:25 PM
Primary Inspector: Wanda P Frazier Phone: 828-296-4500
Secondary Inspectors):
Ext.4662
Reason for Inspection: Routine Inspection Type:Compliance Evaluation
Permit Inspection Type: Deemed permitted collection system management and
operation
Facility Status: ■ Compliant ❑ Not Compliant
Question Areas:
®Miscellaneous Questions Performance Standards Operation&Maint Reqmts Records
S Monitoring&Rpting Inspections
Reqmts
(See attachment summary)
Page: 1
Permit:WQCSD0491 Owner-Facility: United World Mission
Inspection Date: 01/22/2010 Inspection Type: Compliance Evaluation Reason for Visit:Routine
Inspection Summary:
ORC: Mr. Donald Raisch
Address: United World Mission
PO Box 250
Union Mills, NC 28167-0250
Collection System: The UWM deemed collection system consists of 1 pump station with submersible pumps; 675 feet of
6-inch pvc gravity sewer;1069 feet of 4-inch pvc gravity sewer; 137 feet of 1.5-inch pvc pressure sewer; and 204 feet of
4-inch pvc pressure sewer;totaling 2,085 feet.
Compliance Evaluation Inspections for the WWTP (permit no. NC0032174) and the Deemed Collection System (permit
no.WQCSD0491)were conducted on January 22, 2010.
A follow-up review of the collection system log, map and records was conducted on February 23, 2010.
The collection system and wastewater treatment plant, both appear to be well operated and in compliance.
The System Performance Annual Report for 2009 was received by the Division of February 17, 2010.
L_
Page: 2
Permit:WQCSD0491 Owner-Facility: United World Mission
Inspection Date: 0 112 2/2 01 0 Inspection Type: Compliance Evaluation Reason for Visit:Routine
- Performance Standards Yes No NA NE
Is Public Education Program for grease established and documented? ■ n n n
What educational tools are used?
Signs are posted in all of the restrooms and(public)kitchens. Handouts are given to students during
orientation.
Is Sewer Use Ordinance/Legal Authority available? n n ■ n
Does it appear that the Sewer Use Ordinance is enforced? n n ■ n
Is Grease Trap Ordinance available? n n No
Is Septic Tank Ordinance available(as applicable, i.e.annexation) n n ■ Ej
List enforcement actions by permittee, if any, in the last 12 months
Has an acceptable Capital Improvement Plan(CIP) been implemented? n n n ■
Does CIP address short term needs and long term\"master planT concepts? n n n
Does CIP cover three to five year period? n n n ■
Does CIP include Goal Statement? ❑ n n ■
Does CIP include description of project area? n fn n
Does CIP include description of existing facilities? ❑ 0 n ■
Does CIP include known deficiencies? fl n n ■
Does CIP include forecasted future needs? ❑ n n
Is CIP designated only for wastewater collection and treatment? n n n ■
Approximate capital improvement budget for collection system?
Total annual revenue for wastewater collection and treatment?
CIP Comments
Is system free of known points of bypass? ■ n n n
If no, describe type of bypass and location
Is a 24-hour notification sign posted at ALL pump stations? ■ n n n
#Does the sign include:
Instructions for notification? ■ n n n
Pump station identifier? ■ n n n
24-hour contact numbers ■ n ❑ n
If no, list deficient pump stations
Page: 3
Permit:WQCSD0491 Owner-Facility: United World Mission
Inspection Date: 01/22/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine
i
#Do ALL pump stations have an"auto polling"feature/SCADA?
Number of pump stations 1
Number of pump stations that have SCADA 0
Number of pump stations that have simple telemetry 0
Number of pump stations that have only audible and visual alarms 1
Number of pump stations that do not meet permit requirements 0
#Does the permittee have a root control program? n n n 0
#If yes,date implemented?
Describe:
Comment:
Inspections Yes No NA NE
Are maintenance records for sewer lines available? n n n
Are records available that document pump station inspections? n n n
Are SCADA or telemetry equipped pump stations inspected at least once a week? n n ■ n
Are non-SCADA/telemetry equipped pump stations inspected every day? n ❑ n
Are records available that document citizen complaints? n n n
#Do you have a system to conduct an annual observation of entire system? ■ n ❑ n
#Has there been an observation of remote areas in the last year? ■ n 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? n n n
Comment: There are no high priority lines.
Operation & Maintenance Requirements Yes No NA NE
Are all log books available? ■ n n n
Does supervisor review all log books on a regular basis? n n n E
Does the supervisor have plans to address documented short-term problem areas? ❑ n ■ n
What is the schedule for reviewing inspection, maintenance, &operations logs and problem areas?
Inspection&operation logs-daily
Maintenance-twice annually
Problem areas-as necessary--none to date
Are maintenance records for equipment available? ❑ n n
Is a schedule maintained for testing emergency/standby equipment? ■ n n n
Page: 4
Permit:WQCSD0491 Owner-Facility: United World Mission
Inspection Date: 01/22/2010 Inspection Type: Compliance Evaluation Reason for Visit: Routine
What is the schedule for testing emergency/standby equipment? twice annually
Do pump station logs include: Y N N%h NIr
Inside and outside cleaning and debris removal? n ❑ ■ n
Inspecting and exercising all valves? n n ■ n
Inspecting and lubricating pumps and other equipment? 171 171 ■ 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? ■
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?
Dormitory collection system line.
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 ■ In n n
Is a Spill Response Action Plan available for all personnel? n n ■ n
Is the spare parts inventory adequate? ■ n n n
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 ■ n
Page: 5
Permit:WQCSD0491 Owner-Facility: United World Mission
Inspection Date: 01/22/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Is a map of the system available? ■ n n n \
Does the map include:
Pipe sizes n n n
Pipe materials ■ n n n
Pipe location ■ n n n
Flow direction ■ n In n
Approximate pipe age ■ n n n
Number of service taps ■ ❑ ❑ n
Pump stations and capacity ■ n ❑
If no,what percent is complete?
List any modifications and extensions that need to be added to the map
#Does the permittee have a copy of their permit? ■ ❑ n n
Comment: Deemed permitted regs.
Monitoring and Reporting Requirements Yes No NA NE
Are copies of required press releases and distribution lists available? n n ■ n `._>j
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:
Page: 6
A'4Y*L'A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
February 25,2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED —7007 1490 0004 0713 8328
Dale Hamlin
Carriage Park
2827 Haywood Rd
Hendersonville,NC 28791
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Carriage Park
DWQ Tracking Number:
NOV-2010-SS-0005
Stream Standard Violation- Other Waste (In-stream sediment)
Removal of Best Usage
Henderson County
Response deadline: March 15, 2010 or 15 days from receipt
Dear Mr. Hamlin:
On February12,.2010, Chuck Cranford from the Asheville Regional Office of the Division of
Water Quality (DWQ) conducted a site inspection at Carriage Park along a stream in the vicinity of
Woodsong Drive in Henderson County. Mr. Tim Fox from Henderson County Erosion Control
Division was present.
Stream standard violations were noted during the inspection. Sediment and fill impacts to an
unnamed tributary to Mill Pond Creek (Classified WS-IV) and a downstream, in-line pond were
documented. Approximately 1,200 feet of stream has been impacted.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 2877$ NO1rtI1CaT011ria
Phone:: www.ncwaterquality.org
FAX:828-299-70431 Customer Service:1-877-623-6748 �gtura��
Internet: www:ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
Dale Hamlin
February 25,2010
Page 2 of 4
VIOLATIONS
L Stream Standard Violation -Other Waste(In-stream sediment) 15A NCAC 02B .0211
(3)f Approximately 1,200 feet of an unnamed tributary to Mill Pond Creek(Classified
WS-IV) was impacted by sediment deposition from three to twelve inches in the open
stream channel and possibly several feet within the in-line basins. The pond on the
neighboring property has been impacted by an indeterminate sediment load and turbidity.
These impacts represent Water Quality Stream Standard violations of 15A NCAC 02B
.0211 (3) (f)
II. Removal of Best Usage— 15A NCAC 02B.0211 (2)—Greater than 150 feet of an
unnamed tributary to Mill Pond Creek (Classified WS-IV)was impacted by fill (sediment
basin construction), representing Water Quality Stream Standard violation of 15A NCAC
02B .0211 (2)
REQUIRED RESPONSE
This Office requests that you respond in writing within fifteen(15)days of receipt of this Notice.
Your response should be sent to both the attention of Chuck Cranford, Division of Water Quality,
2090 US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and
Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center,
Raleigh,NC 27699-1617. Your response should address the following items:
I. Stream Standard - Other Waste (In-Stream Sediment)
a. Please provide a map that depicts the jurisdictional waters on the tract as well as the
waters that have been impacted, 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 the accumulated sediment from
unnamed tributary to Mill Pond Creek and downstream pond. The Plan must be
submitted to the Division of Water Quality for review and approval prior to
implementation. You are encouraged to secure an environmental consultant
experienced in stream restoration to assist you with development of your plan and
authorization necessary to achieve compliance. It is recommended that your
consultant contact Chuck Cranford of the Asheville Regional Office for additional
guidance during plan development. The Plan should include the following:
• A narrative explaining how sediment will be removed and how impacted
jurisdictional waters will be restored.
• A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
,zo10
• A diagram of the stream channel, referenced with photo documentation of
sediment impacts.
• A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standards are not exceeded.
c. Once the Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Chuck Cranford.
II. Removal of Best Usage— 15A NCAC 02B.0211 (2)
a. Please explain when the in-line sediment basins were constructed.
b. Seel. a. above
c. Please submit the following documents for review and approval:
• Stream Restoration Plan(fill impacts) Please explain how you plan to restore
the pattern,profile and dimension of the impacted stream channels to include
the removal fill. The streambed must be restored to a stable profile and the
stream banks must be stabilized. Replanting of the riparian zone will be
required.
• You must contact the U.S. Army Corps of Engineers (USACOE) for
information on possible permitting requirements. Depending on the type of
permits USACOE requires, application for a 401 Water Quality Certification to
DWQ may also be required.
• Please indicate in your response a detailed schedule with dates explaining when
the restoration will be accomplished.
• It is required that you contact the Henderson County Erosion Control Division
to ensure that your restoration efforts are in compliance with the Sedimentation
Pollution Control Act and local ordinances.
Dale Hamlin
February 25,2010
Page 4 of 4
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Chuck Cranford at(828)296-
4664.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
,Tim Fox -Henderson County Erosion Control Division
ARO File Copy
DWQ Central Files
Clement Riddle—CEC,Inc.
S:\SWP\Henderson\Complaints\Carriage Park\NOV-2010-SS-0005.2.24.10.doc
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
February 25, 2010
Joe and Carolyn Snyder
3745 Mulberry Creek Rd.
Lenoir,NC 28645
SUBJECT: Stream Restoration Plan Approval
Location: 4844 Globe Mountain Rd.
Caldwell County
Dear Mr. and Mrs. Snyder:
The Division of Water Quality has received correspondence from Rothrock Engineering, dated February 11,
2010, in response to unpermitted stream impacts in Frankum Creek. The proposal includes; the method for
removal of fill placed in Frankum Creek, the work to be performed in order to restore the stream back to its
original channel as well as proper stabilization techniques of the streambanks and the disturbed land.
The restoration and stabilization presented in the plan submitted by Rothrock Engineering has been found
.satisfactory and are approved. Notify me at phone number 828-296-4500 with your timeline of this work. Also
upon completion of work you will need to submit to me a final report including photo documentation of the
restoration and stabilization efforts completed. Submit this report to the following address: Division of Water
Quality-Linda Wiggs, 2090 HWY 70, Swannanoa NC 28778.
Activities involved in this approved plan, as well as submittal.of the final report, are to be completed within
sixty(60) days of this approval letter.
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.
Sincerely,
r
Linda Wiggs
Environmental Specialist
Surface Water Protection
Enclosure: Approved Plan
cc: ARO File Copy USFS-Jenny Davis 160-A Zillicoa St.Asheville NC 28801
DLR-Wayne Watkins Rothrock Engineering 4779 Kirby Mtn Rd. Lenoir NC 28645
Corp of Engineers-Tasha McCormick
S:\SWP\Caldwell\Complaints\streamrestoration-snyder-APPROVE.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 North Carolina
Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 ���K'/�����
Internet: www.ncwaterquality.org
An Equal Opportunity+Affirmative Action Employer
"���
���
i
__._