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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 >. 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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 __._