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HomeMy WebLinkAboutDWR Read File Archive Feb. 2016 PAT MCCRORY Govemor DONALD R. VAN DER VAART NSecretary uterResources ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN Director February 1, 2016 Jeff Brown Tryon Equestrian Partners, LLC 2569 Sandy Plains Road Tryon,NC 28782 SUBJECT: Notice of Violation Response NOV-2015-PC-0230 Parcel P115-188 Polk County Dear Mr. Brown: The Division of Water Resources (DWR) received correspondence from ClearWater Environmental Consultants, Inc. via email on January 21, 2016,in response to the NOV noted above. The correspondence included a grading and stabilization plan for the slope adjacent to Overmountain Trace. The plan is scheduled for implementation in early spring 2016. The grading and stabilization plan is approved. Please note that you should get any other required federal, state, or local permits before proceeding with your project. Please contact me at(828)296-4684 or Andrew.W.Moore@a nedenr.gov should you have any further questions. Sincerely, tlKL Andrew Moore Environmental Specialist Water Quality Regional Operations Asheville Regional Office cc: ARO File Copy Jennifer Burdette—401 &Buffer Permitting Unit(via email) Clement Riddle—ClearWater Environmental Consultants, Inc. (via email) G:\WR\WQ\Polk\401s\Non-DOT\TryonEquestrianCenter\Version 3-IP\APRVL.NOV-2015-PC-0230.2-1-16.docx State of North Carolina Environmental Quality I Water Resources 2090 U.S.Hwy.70 1 Swannanoa;North Carolina 28778 = 828 296 4500 \� ?� ��� `� v� A. PAT MWRORY D 1) R , D RVA it tt��tac,)IOWa a b r 8 ": Mg;K AN D Certified Mail#7014 0510 0000 4466 1025 Return Receipt Requested February 1,2016 Doug Barrick Town of Rutherfordton 129 N Main St Rutherfordton,NC 28139 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 WW Permit No.NCO025909 , Town of Rutherfordton Rutherfordton WWTP Case No. LV-2016-0047 Rutherford County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$409.26($250.00 civil penalty+ $159.26 enforcement costs)against Town of Rutherfordton. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by Town of Rutherfordton for the month of August 2015. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.NC0025909. The violations,which occurred in August 2015,are summarized in Attachment A to this letter. Based upon the above facts,I conclude as a matter of law that Town of Rutherfordton violated the terms, conditions or requirements of NPDES WW Permit No.NCO025909 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 Environmental Quality and the Director of the Division of Water Resources,I, G.Landon Davidson, P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Town of Rutherfordton: State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 $250.00 1 of the 1 violations of 143-215.1(a)(6)and Permit No.NC0025909,by discharging waste wate,', the waters of the State in violation of the Permit Weekly Geometric Mean for FEC COLL $250.00 TOTAL CIVIL PENALTY $159.26 Enforcement Costs $409.26 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty(30)days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission,OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality(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: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 1 Submit a written request for remission or mitigation including a detailed justification for such st: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. -Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted,and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations;or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status,directions for payment,and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore,it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing and Stipulation of Facts"form within thirty(30)days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request. Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrativ-,, hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with' the Office of Administrative Hearings within thirty(30)days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions)-provided the signed original, one(1)copy and a filing fee(if a filing fee is required by NCGS §150B-23.2)is received in the Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)733-2698 Fax: (919)733-3478 One(1)copy of the petition must also be served on DEQ as follows: Mr. Sam M.Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter)on the petition. Failure to exercise one of the options above within thirty(30)days of receipt of this letter,as evidenced by an internal date/time received stamp(not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at(828)296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office-Enforcement File NPDES Compliance/Enforcement Unit-Enforcement File G'14R`,"Vt?\KeSiterfo[<i`\ i..tc.,tito.�vlcnir pat".Ri:l3terforci:n,t ih t IT"i90,.LV D I0 00u` tY = JUSTIFICATION FOR REMISSION REQUEST ;e Number: LV-2016-0047 County: Rutherford Assessed Party: Town of Rutherfordton Permit No.: NC0025909 Amount Assessed: $409.26 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S.§ 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation,including copies of supporting documents,as to why the factor applies(attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY�, COUNTY OF RUTHERFORD IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Town of Rutherfordton ) Rutherfordton WWTP ) PERMIT NO.NCO025909 ) CASE NO LV-2016-0047 Having been assessed civil penalties totaling$409.26 for violation(s)as set forth in the assessment document of the Division of Water:Resources dated February 1,2016,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the notice of assessment. This the day of ,20 SIGNATURE ADDRESS, TELEPHONE CD x w w IL C 0 U F g o t O N _ Q T Y N Z ? O > F N F- CD O J 0 W O g � U Q m Q � U F O CD J Z W D = E U a o M w ti d, S o Q U LLI Z d N M m m W �= uw m U w Q o Z H Q c co LLI LO I— z O Q N W > Q v a f- � w o W - L) m w r o a F- o J J W LL J J Q a a a D o O o O Z o 00 a, F- Q, LO N Z W O VI 0 N O C o0 U o Z .+ Z uO N d O. J ___ --- ��� A '�_. �-� ��=;; i __ PAT- W� Certified Mail # 7014 0510 0000 4466 9106 Return Receipt Requested February 1, 2016 - Eric Stoneman, Director of Facility&Grounds Maintenance Champion Hills Property Owners Association. Inc. 5 Pine Shadow Dr. Hendersonville, NC 28739 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-PC-0027 Permit No. WQ0004115 Champion Hills WWTP &Reclaimed Water Generation & Utilization System Henderson County 'ear Permittee: A review of the October 2015 Non-Discharge Monitoring Report (NDMR)for the subject facility revealed the violation(s) indicated below: Reporting Violation(ss): Sample Location Parameter Date Type of Violation 001 BOD, 5-Day(20 Deg. C) (00310) 10/31/2015 Parameter Missing 001 Chlorine,Total Residual (50060) 10/31/2015 Parameter Missing 001 Coliform, Fecal MF, M-FC Broth,44.5C 10/31/2015 Parameter Missing (31616) 001 Flow, in conduit or thru treatment plant 10/31/2015 Parameter Missing (50050) 001 Nitrogen, Ammonia Total (as N) 10/31/2015 Parameter Missing (00610) 001 Nitrogen, Nitrate Total (as N) (00620) 10/31/2015 Parameter Missing 001 pH (00400) 10/31/2015 Parameter Missing 001 Solids,Total Suspended_(00530) 10/31/2015 Parameter Missing State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina GL,, Statute (G.S) 143-215.1 and the facility's non-discharge permit. Pursuant to G.S. 143-215.6A, a civil penalty'�"� not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fail's to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Non-Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you have any questions concerning this matter,please contact Beverly Price of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section ✓ Asheville Regional Office Division of Water Resources, NCDEQ Cc: James &James Environmental Mgt., Inc. WQS Asheville Regional Office - Enforcement File Non-Discharge Compliance/Enforcement Unit Enforcement File G:\WR\WQ\Henderson\Wastewater\Non-discharge\Champion Hills Property Owners Association\NOV-2016-PC-0027.rtf PAT MCCRORY Governor DONALD R. VAN DER VAART 'd&� Secretary zterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director February 1, 2016 DWR# 15-0135 Buncombe County Pulliam Spake, LLC Attn: Rusty Pulliam 2 Walden Ridge Drive, Suite 70 Asheville, NC28803 Buncombe County Attn: Jon Creighton Planning and Development Director 200 College Street, Suite 300 Asheville, NC 28801 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Charlotte Street Storm Relocation Dear Mr.Pulliam and Mr. Creighton: You have our approval for the impacts listed below for the purpose described in your application dated December 19, 2014, and received by the Division of Water Resources (Division) on February 2, 2015, with subsequent information on August 4, 2015 and December 7, 2015. These impacts are covered by the attached Water Quality General Certification Number 3883 and the additional conditions listed below.` This certification is associated with the use of Nationwide Permit Number 3 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal,state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)j State of North Carolina Environmental Quality I Water Resources 2090 US Hwy 70 Swannanoa,North Carolina 28778 8282964500 Charlotte Street Storm Reloca' DWR#15-0135,, 401APPROVAL Page 2 of 3 Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Stream Impact S1 680 (linear feet) Impact S2 154 (linear feet) 2. This approval is for the purpose and design described in your application and additional information provided. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification(s) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000 for information: A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919)431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: Charlotte Street Storm Relocation DWR#15-0135 401 APPROVAL Page 3 of 3 Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Zan Price at 828-296-4662 or zan.price@ncdenr.gov if you have any questions or concerns. Sincerely, Zan Price, P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3883 _ Certificate of Completion cc: Chris Day—Civil Design Concepts, P.A. (via email) William Elliot—USACE Asheville Regulatory Field Office (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit G:\WR\WQ\Buncombe\401s\Non-DOT\Charlotte Street Storm Relocation\APRVL.40lCharlotteStStormwater.docx �_-.. i _. __ PAT 2 C,!C ORY t��tetiti7�u ra :' IAI1fERA ,4N , Certified Mail # 7014 0510 0000 4466 1049 Return Receipt Requested February 2, 2016 Garvin Trinks McDowell County Schools 709 Sugar Hill Rd Marion, NC 28752 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LV-0071 Permit No. NCO067148 Nebo Elementary School WVVTP McDowell County Dear Permittee: `eview of the May 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Nitrogen, Ammonia Total (as 5/31/2015 14.4 18.92 Monthly Average Exceeded N) - Concentration (C0610) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute(G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the\ future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. Additionally and if you have not already done so, you may wish to consider registering to use the Division's new e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs). For more information, please visit the eDMR Website at the following address: http://portal.ncdenr org/web/wg/admin/bog/ipu/edmr If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office -Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File James &James Environmental/ ORC G:,WR1bVQ`'hMcDowellyUVastewateriMiiiors,Neho School 671481,NOV-NOT 2016-LV-0071.rtf Px MCC:RDf RY srnrr P; L _. 'A R 1r�ra I ! N t + Dk",r February 2, 2016 Gary A Williams The Wilds Christian Association Inc 1000 Wild's Rdg Rd Brevard, NC 28712-7273 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-LV-0072 Permit No. NCO024376 The Wilds Christian Camp Transylvania County Dear Permittee: -A review of the October 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) idicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD, 5-Day(20 Deg. C) - 10/13/2015 45 53 Daily Maximum Exceeded Concentration (C0310) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If you have any questions concerning this matter or to apply for an SOC, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ c: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File G:WRl,WQlTrariW,,janiauMastevvater,Minors\The Wilds24376,NOU-2016-LV-0072Af State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 �� r ,_ .� ; -_ PA �ixrrr m" Lb IV F3EI February 2, 2016 Eunice L Tingle Royal Oaks Inc 200 Golfwatch Rd Canton, NC 28716 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-MV-0020 Permit No. NCO040355 Springdale Country Club WWTP Haywood County Dear Permittee: A review of the October 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Monitoring Violation(g. Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Chlorine,Total Residual (50060) 10/31/2015 2 X week Frequency Violation 001 Effluent Nitrogen, Ammonia Total (as N) 10/31/2015 2 X month Frequency Violation Concentration (C0610) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. State of North Carolina Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional , Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Goldie &Associates/ ORC G:\WRI,1VQ\Haywood`Wastewater!Miriors\Snringdale Country Club 40355,N0V-2016-P1V-0020.rtf BMW ' I' c ' ' �., I XN I ,R. A'1 T February 2, 2016 Bob B Leatherwood Silver Bluff Realty LLC 100 Silver Bluff Dr Canton, NC 28716 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-LV-0073 Permit No. NCO033600 Pigeon Valley Rest Home WWTP Haywood County Dear Permittee: A,review of the July 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) Jicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent pH (00400) 7/27/2015 9 73 Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Goldiie &Associates/ ORC G:;kAIR,WQkHaywood.Wasiev4ater\Vinors Silver Bluff-Pigeon Valley 33600\.N0V-2016-LV-0073'r f State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary aterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY - Director February 2, 2016 Cyndi and Rye Speciale Cantrell Creek Trout Farm, LLC 1335 Dolly Masters Road Brevard NC 28712 SUBJECT: Compliance Evaluation Inspection Cantrell Creek Trout Farm Permit No: NCG530061 Transylvania County Dear Mr. and Mrs. Speciale: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on January 4, 2016. The facility appeared well maintained and operated and was found to be in compliance with permit NCG530061. 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, Zan Price, P.E. Assistant Regional Supervisor Enc. cc: NPDES Files Asheville Files G:\WR\WQ\Transylvania\Wastewater\General\NCG53 Trout Farms\0061\CEI letter 02-02-2016.docx State of North Carolina I Environmental Quality I Water Resources 2090 US Hwy 70 I Swannanoa,North Carolina 28778 828 296-4500 United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 15 1 3 I NCG530061 �11 12 16/01/04 17 18 19 I S I 20I 211111IIIIIIIII1II111IIIIII1 IIIIIIIIIIIIIII �6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------Reserved------------- 67 70 L_j 71 u 72 L-1 I I 1 N ( 73I 1 174 75 1 1 1 1 1 80 Section B:Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES Permit Number) 01:00PM 16/01/04 12/08/01 Cantrell Creek Trout Farm Exit Time/Date permit Expiration Date 1335 Dolly Masters Rd 02:30PM 16/01/04 17/07/31 Brevard NC 28712 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Eurihea Speciale,1335 Dolly Masters Rd Brevard NC 28712//828-884-9890/ 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 George A Price ARO WQ//828-296-4500/ Z/-/>6 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 � 31 NCG530061 I11 12 116/01/04 17 18 ICI Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) �< Tim Heim, Zan Price, Tim Fox and Bev Price of the Asheville Regional Office performed the Compliance Evaluation Inspection on January 4, 2016. The owners (Cyndi and Rye Speciale)were present during the inspection. Dr. Jeff Hinshaw and Skip Thompson were also present during the inspection. U Page# 2 Permit: NCG530061 Owner-Facility Cantrell Creek Trout Farm Inspection Date: 01/04/2016 Inspection Type: Compliance Evaluation Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS; MCRT,Settleable ® ❑ ❑ ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: The facility manacles sediment in a settling pond prior to discharge to the creek. Feed ratios are based on calculations developed by Dr. Hinshaw to optimize efficiency. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ ® ❑ application? Is the facility as described in the permit? ® ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ® ❑ ❑ Is access to the plant site restricted to the general public? ❑ ❑ ® ❑ Is the inspector granted access to all areas for inspection? ® ❑ ❑ ❑ Comment: The facility appears to be well maintained and operated Page# 3 PAT MCCRORY Governor a DONALD R. VAN DER VAART Secretary .AerResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director February 2, 2016 DWR# 16-0005 Buncombe County Resource Institute, LLC John William Jamison Attn: Charles Anderson 176 Pete Luther Road 2714 Henning Dr. Candles, NC 28715 Winston-Salem, NC 27106 Velma A. Holcombe Brandon Holcombe c/o Betty H. Arnott 74 Pete Luther Road 104 Daniel Ridge Road Candler, NC 28715 Candler,NC 28715 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Wilson Stream Restoration Project Dear Mr. Anderson; Mr.Jamison; Mrs. Holcombe; and Mr. Holcombe: - You have our approval for the impacts listed below for the purpose described in your application dated.December30, 2015, and received by the Division of Water Resources (Division) on January 4, 2016. These impacts are covered by the attached Water Quality General Certification Number 3885 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Number 27 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by(but not limited to) Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70 1 Swannanoa,North Carolina 28778 828 296 4500 Wilson Stream Restoration Projt., DWR#16-0005, 401 Approval \ ' Page 2 of 4 Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Streams Impact S1 2,000 feet 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project,you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certifications) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. The designer or his designee shall supervise the installation of in-stream structures. (15A NCAC 02H .0506(b)(2)] 4. Stream bed habitat material, such as cobble and gravel,should be harvested from abandoned channels and relocated to new channels to the maximum extent practicable. [15A NCAC 02H .0506(b)(2)] 5. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly after storm events) and vegetation is successful.Any failures of structures,streambanks, or vegetation may require future repairs or replacement,which requires coordination with the Asheville Regional Office to ensure the stability and water quality of the stream and downstream waters. [15A NCAC 02H .0506(b)(2)and (b)(3)] 6. The permittee shall ensure that mature trees within the buffer areas will be protected as much as feasible during the construction of this project. [15A NCAC 02H .0506(b)(2)] 7. Native vegetation shall be used throughout this project. All tree and shrub plantings within the proposed planting buffer on both sides of the stream shall be protected from mowing or clearing. [15A NCAC 02H .0506(b)(2)] 8. Water shall not be released into any new channels until the stream and banks are stabilized. [15A NCAC 02H .0506(b)(3)] 9. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)] Wilson Stream Restoration Project DWR#16-0005 401 Approval Page 3 of 4 10. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of Waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill,the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Asheville Regional Office at 828.296.4500 and after hours and on weekends call (800)858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A] 11.The proposed project must comply with the recommendations stated in the North Carolina Wildlife Resources Commission (NCWRC) comment letter dated January 29, 2016. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60)calendar days. A petition form may be obtained from the OAH at http://www.ncoah.comz or by calling the OAH Clerk's Office at (919)431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (9:19) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1)copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Wilson Stream RestorationProft-1 DWR#16-0005�� 401 Approval Page 4 of 4 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Andrew Moore at 828-296-4662 or zan.price@ncdenr.gov if you have any questions or concerns. Sincerely, - { Zan Price, P.E.,Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3885 Certificate of Completion cc: Jacob McLean—Wildlands Engineering, Inc(via email) Adam Wilson—Current Lessee (via email) William Elliot—USACE Asheville Regulatory Field Office (via email) Andrea Leslie-NCWRC(via email) Stan Aiken —Division of Energy, Mineral, and Land Resources (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit G:\WR\WQ\Buncombe\401s\Non-DOT\Wilson Stream Resto ratio n\APRVL.Wilson Stream Restoration02022016.dou . .___..-_.. PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary ater Resources ENVIRONMENrat.QUALITY S. JAY ZIMMERMAN Director February 3, 2016 Mark and Sandra Girardi 93 Hidden Falls Drive Asheville,NC 28804 SUBJECT: Compliance Evaluation Inspection 93 Hidden Falls Drive Permit No: NCG550306 Buncombe County Dear Mr. and Mrs. Girardi: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted January 29, 2016. During the site inspection, Mrs. Girardi indicated your septic tank had not been pumped recently. The subject permit requires that the septic tank be pumped out every five years or when the solids level is found to be more than 1/3 of the liquid depth in any compartment. Staff of the Division of Water Resources will follow up with you within the next 60 days to confirm that your septic tank has been pumped. Refer to the enclosed inspection report for additional observations and comments. If you have any questions,please call me at 828-296-4500. Sincerely, Andrew Moore Environmental Specialist Enclosure cc: MSC 1617-Central Files-Basement WQ Asheville Files G:\WR\WQ\Buncombe\Wastewater\General\NCG55 Single Family Residence\550306 Mark Girardi\550306 CEI 1-29-2016.docx State of North Carolina Environmental Quality I Water Resources 2090 U.S.Hwy.70 1 Swannanoa,North Carolina 28778 828 296 4500 United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 15 1 3 I NCG550306 I11 12 16/01/29 17 18 I r+1 19 I G I 201 I L:JL::j 211 111 I I I I I I li l Ili l I I I I I I I I I I I III I ( I I III I I I 1166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA -------------Reserved-------- ---- 67 70 71 L_j 72 LJ L1J ti � 73 L I 74 75 80 Section B:Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:00AM 16/01/29 13/08/01 93 Hidden Falls Drive Exit Time/Date Permit Expiration Date 93 Hidden Falls Dr 09:30AM 16101/29 18/07/31 Asheville NC 28804 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data H/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Mark Girardi,93 Hidden Falls Dr Asheville NC 28804/// Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit ■ Operations&Maintenance ■ Facility Site Review Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspectors) Agency/Office/Phone and Fax Numbers Date Andrew W Moore ARO WQ//828-296-4684/ /Z12- 0/,6 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 yrimo/day inspection Type 3I NCG550306 h 2 16/01/29 17 18 ICI (Cont.) \ i Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) On January 29, 2016,Andrew Moore of the Asheville Regional Office conducted a compliance evaluation inspection of the Girardi residence wastewater system.The Girardis were contacted via phone prior to the inspection, and Mrs. Girardi was present at the time of the inspection. According to Mrs. Girardi, the septic tank has not been pumped recently.The septic tank shall be pumped every 5 years or when the solids level is found to be more than 1/3 of the liquid depth in any compartment. Failure to maintain the septic tank may lead to system failure and additional expense. The sand filter area was extremely wet at the time of the inspection. Due to recent significant snowfall and the resultant melt, it was difficult to determine the source of the wetness. It is recommended that the permittee check the sand filters for signs of failure during a drier period. Excessive wetness above the sand filters may be an indication of a failing system. The effluent pipe was not located at the time of the inspection.The permittee should conduct a visual review of the outfall location twice a year to ensure there are no visible solids or other obvious evidence of system malfunction.The permittee should locate, and maintain access to,the effluent pipe. �1 Page# 2 Permit: NCG550306 owner-Facility: 93 Hidden Falls Drive Inspection Date: 01/29/2016 Inspection Type: Compliance Evaluation Operations&Maintenance Yes No NA NE Is the plant generally clean with-acceptable housekeeping? ® ❑ ❑ ❑ , Does the facility analyze process control parameters,for ex:MLSS, MCRT,Settleable ❑ ❑ ® ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ 0 ❑ application? Is the facility as described in the permit? ® ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ® ❑ ❑ Is access to the plant site restricted to the general public? ❑ ❑ • ❑ Is the inspector granted access to all areas for inspection? ❑ ❑ ❑ Comment: Septic Tank Yes No NA NE (If pumps are used)Is an audible and visual alarm operational? ❑ ❑ ❑ Is septic tank pumped on a schedule? ❑ ® ❑ ❑ Are pumps or syphons operating properly? ❑ ❑ N ❑ Are high and low water alarms operating properly? ❑ ❑ El Comment: No records of septic tank pumping events were available The septic tank has not been pumped recently.The septic tank shall be pumped out every five years or when the solids level is found to be more than 1/3 the liquid depth in any compartment. Septic tank pumping records shall be retained for future compliance inspections. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ❑ ® ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ❑ ❑ ❑ N If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ❑ ❑ Comment: The effluent pipe was not located The permittee should locate,and maintain access to,the effluent pipe. Page# 3 A � ' ��_i __ __ PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Water Resources ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN Director February 3, 2016 Carol Harris P.O. Box 11679 Asheville,NC 28806 SUBJECT: Compliance Evaluation Inspection 594 Cowan Cove Road(10 Reister Lane) Permit No: NCG550429 Buncombe County Dear Mrs. Harris: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted January 29, 2016. During the site inspection, you indicated your septic tank had not been pumped recently. The subject permit requires that the septic tank be pumped out every five years or when the solids level is found to be more than 1/3 of the liquid depth in any compartment. Staff of the Division of Water Resources will follow up with you within the next 60 days to confirm that your septic tank has been pumped. Refer to the enclosed inspection report for additional observations and comments. If you have any questions,please call me at828-296-4500. Sincerely, A Andrew Moore Environmental Specialist Enclosure cc: MSC 1617-Central Files-Basement WQ Asheville Files G:\WR\WQ\Buncombe\Wastewater\GeneralWCG55 Single Family Residence\550429 Carol Harris\550429 CEI 1-29-2016.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70 1 Swannanoa,North Carolina 28778 828 296 4500 United States Environmental Protection Agency Form Approved. I' Washington,D.C.20460 OMB No.2040-0057 EP A A Water Compliance Inspection Report Approval expires8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 3 I NCG550429 I11 121 16/01/29 17 19 [G 1 20I J 2111111 ] I I I I 1_1 I I I __U IIIIII �LIllIIII IIlllllNll 166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ~Reserved----- 67 70' I 71 � L 72 1 �, 1 73� I74 75 80 u Section 6:Facility Data J LLJ Name and Location of Facility Inspected(For Industrial Users discharging to POTVV,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:50AM 16/01/29 13/08/01 594 Cowan Cove Road Exit Time/Date Permit Expiration Date 594 Cowan Cove Rd 10:15AM 16/01/29 18/07l31 Asheville NC 28806 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /d Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Carol F Harris,PO Box 16279 Asheville NC 28816/1770-934-682817704910054 Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance N Facility Site Review . Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Andrew W Moore ARO WQ//828-296-4684/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3I NCG550429 I11 12 16/01/29 17 18 (Cont.) C Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) On January 29,2016,Andrew Moore of the Asheville Regional Office conducted a compliance evaluation inspection of the Harris residence wastewater system. Mrs. Harris was notified via phone of the inspection, and was present at the time of the inspection. The septic tank has not been checked or pumped recently.The septic tank shall be pumped every 5 years or when the solids level is found to be more than 1/3 of the liquid depth in any compartment. Failure to maintain the septic tank may lead to system failure and additional expense. The effluent pipe was not located at the time of the inspection.The permittee should conduct a visual review of the outfall location twice a year to ensure there are no visible solids or other obvious evidence of malfunction. The permittee should locate, and maintain access to,the effluent pipe. Page# 2 Permit: NCG550429 Owner-Facility: 594 Cowan Cove Road Inspection Date: 01/29/2016 Inspection Type: Compliance Evaluation Operations &Maintenance Yes No NA NE Is the plant generally clean.with acceptable housekeeping? ® ❑ ❑ ❑ Does the facility analyze process control parameters,for ex` MLSS, MCRT,Settleable ❑ ❑ . ❑ Solids,pH, DO, Sludge Judge, and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ ® ❑ application? Is the facility as described in the permit? ® ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ❑ ❑ Is access to the plant site restricted to the general public? ❑ ❑ ■ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Septic Tank Yes No NA NE (If pumps are used)Is an audible and visual alarm operational? ❑ ❑ • ❑ Is septic tank pumped on a schedule? ❑ ® ❑ ❑ Are pumps or syphons operating properly? ❑ ❑ ■ ❑ Are high and low water alarms operating properly? ❑ ❑ ■ ❑ Comment: No records of septic tank pumping events were available Mrs Harris indicated the septic tank has not been pumped recently.The septic tank shall be pumped out every five vears or when the solids level is found to be more than 1/3 of the liquid depth in any compartment. Septic tank pumping records shall be retained for future compliance inspections. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ❑ N ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ N ❑ Comment: The effluent pipe was not located The permittee should locate,and maintain access to, the effluent pipe. Page# 3 PAS" OR =- rxm : 1Sa" AA,RT 5taxre ,' �r�Vtttdki �acY:aa, tk�a:e February 3, 2016 Bob B Leatherwood Silver Bluff Realty LLC 100 Silver Bluff Dr Canton, NC 28716 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-MV-0021 Permit No. NCO033600 Pigeon Valley Rest Home Haywood County Dear Permittee: A review of the October 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: :)nitoring Violation(s): Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Nitrogen, Ammonia Total (as N) - 10/31/2015 2 X month Frequency Violation Concentration (C0610) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Goldie &Associates/ ORC G:\VVR\.WQ;Napvood;VVastewaterlMinors\Silver Sluff-Pigeon Valley 33600\NOV-20I6-MV-0021.rtf State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 ___ __ -- --- ___ -___ .\ �� ��� Cw� PAT CGRP Y Ss�re February 3, 2016 John Moss Coats American Inc PO Box 368 Marion, NC 28752 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-LV-0074 Permit No. NC0004243 Sevier Plant McDowell County Dear Permittee: A review of the November 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the vi.olation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD, 5-Day(20 Deg. C) 11/30/2015 99.3 107.67 Monthly Average Exceeded Quantity Daily (QD310) Remedial actions,if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ WQS Asheville Regional Office -Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File G:1WR:,VJJ~McDowell,iVaste4tater,Iridustrial\COt7ts 04243,F40V-2016-LV-0074,rtf State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway;Swannanoa,NC 28778 828-296-4500 �s DEW CERTIFIED MAIL #: 7014 0510 0000 4466 9113 RETURN RECEIPT REQUESTED February 03, 2016 Mr. Thomas W. Kilpatrick Etowah Sewer Company Post Office Box 1659 Etowah, North Carolina 28729 SUBJECT:NOTICE OF VIOLATION Tracking Number: NOV-2016-PC-0041 WWTP Bypass Incident #: 201600055 Collection System Permit No. WQCSDO135 Henderson County Dear Permittee: The self-reported 5-Day Report submitted by Etowah Sewer Company indicates violations of permit conditions stipulated in the subject permit and North Carolina G.S. 143-215.1. Violations include failing to effectively manage, maintain, and operate the subject collection system so that there is no discharge of wastewater to the land or surface waters and making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required. Specific incident(s) cited in the subject report include the following: Area Date Description Violation WWTP Bypass 12/24/2015 WWTP Influent Lift Discharge Station overflow Without Valid 12,960gallons) Permit [-Permit 12/24/2015 Notification of Failure to notify Condition bypass event within 24 hours. Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. Verba/notification cannot be made to voicemaii;Incidents on weekends and holidays must be called in to Emergency Management. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 Remedial actions, if not already implemented, should be taken to correct the above ,noncompliance. Ply.' submit a written response to this Notice of Violation. Your response is to be received by the regional of1c within 15 business days following receipt of this violation. Please include any additional documentation about� this incident(s) in the response. The submittal will be considered in determining whether the Division will assess a civil penalty for the cited violations. If you have any questions, please do not hesitate to contact Janet Cantwell with the Water Quality Section in the Asheville Regional Office at 828-296-4667 or via email at janet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: Regional Office - WQS File Central Files, Water Quality Section G:\WR\WQ\Henderson\Wastewater\Municipal\Hendersonville WWTP 25534\NOV-2016-PC-0041.rtf PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary .VaterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director February 3, 2016 John Williams and Bonita Wikoff 45 Dogwood Forest Road Fairview,NC 28730 Re: Geothermal Heating/Cooling Water Return Well Analytical Results Permit No. WI0100135 Buncombe County,NC Dear Mr. Williams and Ms. Wikoff: On January 5, 2016, I collected geothermal.system influent(Location ID: IP011WI0100135INF) and effluent(Location ID: 1 P011 WI0100135EFF) samples from your well located at 45 Dogwood Forest Road, Fairview,North Carolina. The water samples were collected as part of the permit renewal process for injection well permit WI0100135. Analytical results for both the influent and effluent samples were all below the North Carolina Administrative Code (NCAC) Title 15A 02L .0202 groundwater standards. A copy of the analytical results is attached. If you have any questions regarding the results please contact me at(828) 296-4684. Sincerely, Andrew Moore Environmental Specialist Water Quality Regional Operations Section Asheville Regional Office Attachment: Laboratory Analytical Results cc: ARO File Michael Rogers,DWR Central Office State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70 1 Swannanoa,North Carolina 28778 828 296 4500 A _, \� �� �, �� _.. __- NC DsVX Water Sciences Section-Chemistry Ga6oratory Results BUNCOMBE Sample ID: AC26468 n PO Number# 16G0000 .it To ARID Date Received: 01/06/2016 Time Received: 08:45 ector. A MOORS ,;,;, � Labworks Login@ TASCENZ01 ARO ,r ion: $Divislf Water Resources 9 on o Final Report Date: 2/1/16 Sample Matrix: GROUNDWATER Report Print Date: 02/02/2016 a Lo Type: Water Supply Final Report Emergency Yes/No VisitlD COC Yes/No Loc.Descr.: 45 DOGWOOD FOREST Location ID: Collect Date: 0 110612016 Collect Time: 09:40 x Sample Depth If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. Result/ Method Analysis Validated b CAS# Ana►yte Name PQL Units Qualifier. Reference Date LAB v6(1s MswIFT Sample temperature at receipt by lab 2,2 °C WET Ion Chromatography _TITLE_ mg/L EPA300.0 rev2.1 1/19/16 CGREEN Fluoride 0.4 0.4 U mg/L EPA300.0 rev2.1 1/19/16 CGREEN Chloride 1.0 1.6 mg/L EPA300.0 rev2.1 1/19/16 CGREEN Bromide 0.4 0.4 U mg/L EPA 300.0 rev2.1 1/19116 CGREEN Sulfate 2.0 10 m9/L EPA 300.0 rev2.1 1/19/16 CGREEN NUT NO2+NO3 as N in liquid 0.02 0.02 U mg/L as N EPA 353.2 REV 2 1/6116 CGREEN Nitrate as N in liquid 0,02 0.02 U mg/L as N EPA 353.2 REV 2 1/11/16 CGREEN Nitrite as N in liquid 0.01 0.01 U mg/L as N EPA 353.2 REV 2 1/6/16 CGREEN MET ug/L EPA200.7 1/13(16 ESTAFFORD1 7429-90-5 Al by ICP 50 50 U 7440-38-2 As by ICPMS 2.0 2.0 U ug/L EPA200.8 1/13/16 ESTAFFORD1 7440-70-2 Ca by ICP 0.10 22 mg/L EPA200.7 1/13/16 ESTAFFORD1 7440-47-3 Cr by ICPMS 5.0 5.0 U ug/L EPA200.8 1/13/16 ESTAFFORD1 7440-50-8 Cu by ICPMS 2.0 2.0 U ug/L EPA200.8 1/13/16 ESTAFFORD1 7439-89-6 Fe by ICP 50 50 U ug/L EPA200.7 1/13/16 ESTAFFORD1 7440-09-7 K by ICP 0.10 2,1 mg/L EPA200.7 1113/16 ESTAFFORD1 7439-95-4 Mg by ICP 0.10 2.3 mg/L EPA200.7 1113/16 ESTAFFORDI 7439-96-5 Mn by ICP 10 33 ug/L EPA200.7 1113/16 ESTAFFORD1 7440-23-5 Na by ICP 0.10 7,6 mg/L EPA 200.7 1/13/16 ESTAFFORDI 7440-02-0 Ni by ICPMS 2.0 2.0 U ug/L EPA200.8 1/13/16 ESTAFFORD1 7439-92-1 Pb by ICPMS 2.0 2.0 U ug/L EPA200.8 1/13/16 ESTAFFORDI 7440-66-6 Zn by ICPMS 10 IOU ug/L EPA200.8 1/13/16 ESTAFFORD1 WSS Chemistry Laboratory»1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 For a detailed description of the qualifier codes refer to<hut)://portal.ncdenr.Ore/web/wcl/oDs/methods-and-T)a1S> Page 1 of 1 AC25500 NC DM( WaterSciences Section-Chemistry La6oratory Resurts County: BUNCOMBE Sample ID: AC25500 River Basin PO Number# ARO Report To pR0 Date Received: 01/06/2016 Collector: A MOORE Time Received: 11:30 Region: ARO )D Y 5Ion of Water Resources Labworks LoginiD KJIMISON2 Sample Matrix: GROUNDWATER Final Report Date: 1/29/16 Loc.Type: Influent Final Report Report Print Date: 02/02/2016 Emergency Yes/No VisitlD CDC Yes/No Loc.Descr.: 45 DOGWOOD FOREST Rd.Fairview NC Location ID: 489MMMUN& Collect Date: 01/05/2016 Collect Time: 09:46 Sample Depth NA If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. CAS# Analvte Name PQL Result/ Units Method Analysis Validated by Qualifier Reference Date Others Sample temperature at receipt by lab 4.6 °C 1/5/16 RBYRD COliform, MF Fecal In liquid 1 1 B2 CFU/100ml APHA9222D-20th 1/5/16 ESTAFFORD1 Collform, MF Total in liquid 1 1132 CFU/100ml APHA9222B-20th 1/5/16 ESTAFFORD1 Total Dissolved Solids In liquid 12 100 mg/L APHA254OC-18TH 1111/16 ESTAFFORDI Alkalinity to pH 4.5 of liquid _TITLE_ mg/Las CaCO3 APHA2320B-20th 1/19/16 ESTAFFORDI Alkalinity4.5 1.0 75 mg/LasCaCO3 APHA2320B-20th 1/19/16 ESTAFFORD1 Alkalinity8.3 1.0 1 U mg/L as CaCO3 APHA2320B-20th 1/19/16 ESTAFF7D1 Bicarbonate 1.0 75 mg/L as CaCO3 APHA2320B-20th 1/19/16 ESTAFFORD1 Carbonate 1.0 1 U mg/L as CaCO3 APHA2320B-20th 1/19/16 ESTAFFOR51 pH Alkalinity 7.6 mg/L as CaCO3 APHA2320B-20th 1/19116 ESTAFFORD1 WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 For a detailed description of the qualifier codes refer to<ht[o://Dortal.ncdenr.ora/web/tiva/o-os/methods-and-pnls> Page 1 of 1 _ NC ff,1 WaterSciences Section-Chemistry Laboratory 1§sufts BUNCOMBE Sample ID: AC26469 PO Number At 16G0001 To ARO_ Date Received: 01/06/2016 r Time Received: 08:45 sctor: A MOORE >` a R� a: r, Labworks LoginlD TASCENZ01 „sgion: ARO Division of Water Resources. Final Report Date: 2/1/16 Sample Matrix: GROUNDWATER Report Print Date: 0 2/0212 01 6 Loc.Type: Water Supply Final Report Emergency Yes/No Visit]D COC Yes/No Loc.Descr.: 45 DOGWOOD FOREST Location ID: �. Collect Date 01/05/2016 Collect Time: 10:00 Sample_Depth If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. Result/ Method Analysis Validated by CAS# Analv'te Name PQL Units Qualifier Reference Date LAB Sample temperature at receipt by lab 2.2 °C 1/6116 MSWIFT WET Ion Chromatography _TITLE_ mg/L EPA 300.0 rev2.1 1/19/16 CGREEN Fluoride 0.4 0.4 U mg/L EPA 300.0 rev2.1 1/19/16 CGREEN Chloride 1.0 1.7 mg/L EPA 300.0 rev2.1 1/19/16 CGREEN Bromide 0.4 0.4 U mg/L EPA 300.0 rev2.1 1/19/16 CGREEN Sulfate 2.0 10 mg/L EPA 300.0 rev2.1 1/19/16 CGREEN NUT NO2+NO3 as N In liquid 0.02 0.02 U mg/L as N EPA 353.2 REV 2 1/7/16 CGREEN mg/L as N EPA 353.2 REV 2 1/11/16 CGREEN Nitrate a5 N In liquid 0.02 0.02 U Nitrite as N In liquid 0.01 0.01 U mg/L as N EPA 353.2 REV 2 116/16 CGREEN MET ug/L EPA200.7 1/13/16 ESTAFFORD1 7429-90-5 Al by ICP 50 50 U 7440-38-2 As by ICPMS 2.0 2.0 U ug/L EPA 200.8 1113/16 ESTAFFORD1 7440-70-2 Ca by ICP 0.10 23 mg/L EPA200.7 1/13/16 ESTAFFORD1 7440-47-3 Cr by 1CPMS 5.0 5.0 U ug/L EPA 200.8 1113/16 ESTAFFORD1 7440-50-8 Cu by ICPMS 2.0 13 ug/L EPA 200.8 1/13/16 ESTAFFORD1 7439-89-6 Fe by ICP 50 50 U ug/L EPA200.7 1/13/16 ESTAFFORD1 7440-09-7 K by ICP 0.10 2.3 mg/L EPA200.7 1/13/16 ESTAFFORDI 7439-95-4 Mg by ICP 0.10 2.3 mg/L EPA200.7 .1/13/16 ESTAFFORD1 7439-96-5 Mn by ICP 10 36 ug/L EPA200.7 1/13/16 ESTAFFORD1 7440-23-5 Na by ICP 0.10 7.8 mg/L EPA200.7 1/13/16 ESTAFFORD1 7440-02-0 Ni by ICPMS 2.0 2.0 U ug/L EPA 200.8 1/13/16 ESTAFFORDI 7439-92-1 Pb by ICPMS 2.0 6.3 ug/L EPA 200.8 1/13/16 ESTAFFORDI 7440-66-6 Zn by ICPMS 10 36 ug/L EPA 200.8 1/13116 ESTAFFORDI / WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623'(919)733.3908 For a detailed description of the qualifier codes refer to<hnD.//t)ortal.ned.enr.oriz/web/wci/ot)s/methods-and-na Is> Page 1 of 1 AC25501 5VC DWR WaterSciences Section-Chemistry La6oratory Results County: BUNCOMBE Sample ID: AC25601 River Basin PO Number# ARID Report To ARO Date Received: 01/06/2016 Collector: A MOORE y K Time Received: 11:30 „�., ,� , 5r M Labworks Lo mID KJIMISON2 Region: ARO blYtSlOI!1 Of Water)�,e3(tUrC@5 g Sample Matrix: GROUNDWATER Final Report Date: 1/29/16 Loc.Type: Effluent Final Report Report Print Date: 02/02/2016 Emergency Yes/No VisitlD COC Yes/No Loc.Descry 45 DOGWOOD FOREST Rd.Fairview NC Location ID: ti'u Collect Date: 0 1/0 612 01 6 Collect Time: 10:00 Sample Dep4h NA If this report is labeled preliminary report,the results have not been validated, Do not use for Regulatory purposes. CAS# Ahalvte Name PQL Result/ Units Method Analysis Validated by Qualifier Reference Date Others Sample temperature at receipt by lab 4.6 eC 115/16 RBYRD C011form, MF Fecal in liquid 1 1 B2 CFU/100ml APHA9222D-20th 115/16 ESTAFFORD1 Coliform, MF Total in liquid 1 1 B2 CFU/100ml APHA9222B-20th 1/5/16 ESTAFFORD1 Total Dissolved Solids in liquid 12 98 mg/L APHA2540C-18TH 1/11/16 ESTAFFORDI Alkalinity to pH 4.5 of liquid _TITLE_ mg/L as CaCO3 APHA2320B-20th 1/19/16 ESTAFFORDI Alkalinity4.5 1.0 70 mg/LasCaCO3 APHA2320B-20th 1/19/16 ESTAFFORDI Alkalinity8.3 1.0 1 U mg/LasCaCO3 APHA2320B-20th 1/19/16 ESTAFFORDI Bicarbonate 1.0 70 mg/L as CaCO3 APHA2320B-20th 1/19/16 ESTAFFORD1 Carbonate 1.0 1 U mg/LasCaCO3 APHA2320B-20th 1/19/16 ESTAFFORD1- pH-Alkalinity 8,0 mg/LasCaCO3 APHA2320B-20th 1/19/16 ESTAFFORDI WSS Chemistry Laboratory»1623 Mail Service Center,Raleigh,NC 27699.1623 (919)733-3908 For a detailed description ofthequalifier codes refer to<htty://DOTta1.ncde r-or2//WBU/,,vo/Ops/methods-and-Dals> Page 1 of 1 PAT MCCRORY a' Governor ' DONALD R. VAN DER VAART Secretary ater Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director February 3,2016 CERTIFIED MAIL. RETURN RECEIl'T REQUESTED 7014 0510 0000 4466 9120 Mr.Mike Corn Small Acres Dairy 735 Butler Bridge Road Fletcher,North Carolina 28732 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE NOV-2016-OV-0001 (Small Acres Dairy)Facility No.AWC450007,NPDES Permit No.NCA345007 Henderson County Dear Mr. Corn: On January 13,2016,staff of the NC Division of Water Resources(DWR),inspected the Small Acres Dairy and the permitted waste disposal system. As a result of this inspection, you are hereby notified that, having been permitted to have a National Pollutant Discharge Elimination System (NPDES) permit for the subject animal waste disposal system pursuant to North Carolina General Statutes(NCGS) 143-215 et seq. and Section 402 of the Clean Water Act,,you have been found to be in violation of your Certified Animal Waste,Management Plan(CAWMP) as follows: Violation 1 Failure to designate a certified animal waste management system operator with a valid certification in accordance with Condition III. 19 of the NPDES Permit No.NCA345007. Required Corrective Action for Violation 1 You stated you have not had a Certified Operator in Charge since your OIC left for another job. In order to continue operating under your general permit,a certified animal waste management system operator with a valid certification must be designated within 30 days of this Notice. The operator must sign the Division provided forms where required. State of North Carolina I Environmental Quality I Water Resources 1611 Mail service Center I Raleigh,North Carolina 27699-1611 919 707 9000 Small Acres Dairy February 3,2016 Page 2 of 4 i Violation 2 Failure to obtain a waste analysis for all application events in accordance with Condition IV. 9. of the NPDES Permit No.NCA345007. Required Corrective Action for Violation 2 : An analysis of the animal,waste should be conducted in accordance with the recommended laboratory sampling procedures as close to the time of application as practical and at least within sixty (60) days before or after the date of application. Due to the failure to obtain the required waste analysis in 2015, the waste application records for 2015 are not valid since the waste analysis from 2014 was used for the calculations. Violation 3 Failure to record 1" rainfalls or greater in accordance with Condition IV. 1. of the NPDES Permit No. NCA345007. Required Corrective Action for Violation 3 1" rainfalls or greater must be recorded on forms approved by the Division and made available for inspection. Violation 4 Failure to provide a record of the 120 minute inspections of the application area during each land application event in accordance with Condition IV.4.a. of the NPDES Permit No.NCA345007. Required Corrective Action for Violation 4 All application forms should be properly completed, signed by designated ORC and made available for inspection. Violation 5 . Failure to update the CAWMP to reflect the addition of new application fields in accordance with Condition 1. 3. of the NPDES Permit No.NCA345007. Required Corrective Action for Violation 5 Update the CAWMP to reflect all additional application fields and to reflect any fields that are no longer in use. Violation 6 Failure to provide crop yield records in accordance with Condition IV.20. of the NPDES Permit No. NCA345007. Required Corrective Action for Violation 6 Fill out Division approved crop yield records and make available for inspection. ,cs Dairy .,ry 3,2016 .ge 3 of 4 Violation 7 Failure to provide mortality records in accordance with Condition IV. 14. of the NPDES Permit No. NCA345007. Required Corrective Action for Violation 7 Fill out Division approved mortality records and make available for inspection. Violation 8 Failure to dispose of dead animals resulting from normal mortality rates associated with the facility in accordance with the facility's CAWMP and the North Carolina Department of Agriculture and Consumer Services Veterinary Division's statutes and regulations in accordance with Condition I11. 12,of the NPDES Permit No.NCA345007. Required Corrective Action for Violation 8 You stated that you are currently"composting" dead cows. That is not an approved method for disposal. Cows must be disposed of according to approved methods outlined in your CAWMP. In addition to these eight(8)violations,the following items should be addressed: • Vegetation, soil, and animal waste impeding the normal flow of the concrete sluice should be removed to allow waste to properly flow to the waste pond. • Repair and fill the groundhog hole on waste Pond#2. • Install a freeboard marker in Pond#1 and begin recording freeboard levels. • The last soils analysis was in 2012. Soils analysis must be performed every three years • Provide lessee and landowner agreements, as required in the CAWMP, for all new and existing application fields. Your facility is currently operating under a National Pollutant Discharge Elimination System (NPDES) permit. Some changes to make note of from your former General Permit that you should have documentation for in future inspections or provide to the Division's Central Office are as follows: • An annual certification report shall be filed with the Division's Central Office by March 1 of each year for the previous year's activities. If the facility was not in compliance,the annual report must be used to summarize all noncompliance during the previous year, actions taken to resolve noncompliance, and current compliance status of the facility. In addition,the annual report must certify that all records required by the Permit are available for review during the annual inspection performed by the Division. The annual report must be completed on a form provided by the Division. • All waste application equipment must be tested at least once per year. The results must be documented on forms provided by,or approved by,the Division. Small Acres Dairy \\ February 3,2016 Page 4 of 4 You are required to take any necessary action to correct the above violations and to provide a written response to this Notice by March 4,2016. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. The Clean Water Act and 40 CFR Part 122.41,as well as state law,provide that any person who violates a Permit condition is subject to civil penalties and administrative penalties. In addition, criminal penalties, including imprisonment, are provided for falsifying data, knowingly violating a Permit condition, or for negligence. As a result of the violations in this Notice,this office is considering a recommendation for a civil penalty assessment to the Director of the Division. If you wish to present an explanation for the violations cited, or if you believe there are other factors,which should be considered, please send such information to me in writing within ten (10)days following receipt of this letter. Your response will be reviewed, and, if an enforcement action is still deemed appropriate, it will be forwarded to the Director and included for consideration. Failure to comply with conditions in a permit may result in a recommendation of enforcement action,to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty- five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions,or requirements of a permit under authority of G.S. 143-215.6A. If you have any questions concerning this Notice,please contact me at(828)296-4500. �\ Sincerely, G.Landon Davidson,P.G. Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc: Christine Lawson,DWR Animal Operations Program Jonathan Wallin,Henderson County SWCD Division of Water Resources Division of Soil and Water Conservation Other Agency Facility Number: 450007 Facility Status: Active Permit: NCA345007 Denied Access Inppection Type: Compliance Inspection Inactive Or Closed Date: Reason for Visit: Routine County: Henderson Region: Asheville Date of Visit: 01/13/2016 Entry Time: 10:00 am Exit Time: 11:30 am Incident# Farm Name: Small Acres Dairy Owner Email: Owner: Michael R Corn Phone: 828-684-0475 Mailing Address: 735 Butler Bridge Rd Fletcher NC 28732 Physical Address: 1470 Jeffress Rd ' Mills River NC 28759 Facility Status: ❑Compliant Not Compliant Integrator: Location of Farm: Latitude: 35'23'50" Longitude: 82'33'10" At the intersection of Jeffress Road and Valley View Road,4 miles south of the Asheville Airport. Question Areas: Dischrge&Stream Impacts Waste Col,Stor,&Treat Waste Application Records and Documents Other Issues Certified Operator: Operator Certification Number: Secondary OIC(s): On-Site Representative(s): Name Title Phone Phone Primary Inspector: Edward M Williams Phone: Inspector Signature: Date: Secondary Inspector(s): Inspection Summary: Items that need immediate attention: 1-Need to remove vegetation and soil from concrete sluice. Sluice should be mainatained so waste has a free,unobstructed path to waste pond - 2-Groundhog hole in dam on Pond#2 needs to be filled in and repaired Records and Documents: 1-There is currently no Certified Operator in Charge 2-There is no freeboard marker in Pond#1 and records are not being maintained 3-No 2015 Waste analysis were obtained 4-Application records for 2015 are invalid due to using 2014 waste analysis for calculations 5-No current soils analysis 6-Waste plan needs to be updated to include all application fields 7-No records for 1"rainfalls or greater 8-120 minute inspections are not being documented 9-No crop yield records page: 1 Permit: NCA345007 Owner-Facility: Michael R Corn Facility Number: 450007 Inspection Date: 01/13/16 Inppection Type: Compliance Inspection Reason for Visit: Routine Regulated Operations Design Capacity Current promotions Cattle Cattle-Milk Cow 250 367 Total Design Capacity: 250 Total SSLW: 350,000 Waste Structures Observed Disignated Type Identifier Closed Date Start Date Freeboard Freeboard Waste Pond LIQUIDS WSP 21.60 37.60 Waste Pond SOLIDS WSP 19.50 page: 2 Permit: NCA345007 Owner-Facility: Michael R Corn Facility Number: 450007 inspection Date: 01/13/16 Inpsection Type: Compliance Inspection Reason for Visit: Routine Discharges&Stream Impacts Yes No Na Ne 1. Is any discharge observed from any part of the operation? ❑ ■ ❑ ❑ Discharge originated at: Structure ❑ Application Field ❑ Other ❑ a.Was conveyance man-made? ❑ M ❑ ❑ b. Did discharge reach Waters of the State?(if yes, notify DWQ) ❑ . ❑ ❑ c.What is the estimated volume that reached waters of the State(gallons)? d. Does discharge bypass the waste management system?(if yes, notify DWQ) ❑ 01111 2. Is there evidence of a past discharge from any part of the operation? ❑ 0 ❑ ❑ 3.Were there any observable adverse impacts or potential adverse impacts to Waters of the ❑ M ❑ ❑ State other than from a discharge? Waste Collection.Storage&Treatment Yes No Na Ne 4. Is storage capacity less than adequate? ❑ ❑ ❑ If yes,is waste level into structural freeboard? ❑ 5.Are there any immediate threats to the integrity of any of the structures observed(Le./large M ❑ ❑ ❑ trees, severe erosion,seepage,etc.)? 6.Are there structures on-site that are not properly addressed and/or managed through a ❑ ❑ ❑ waste management or closure plan? 7. Do any of the structures need maintenance or improvement? 0 ❑ ❑ ❑ 8. Do any of the structures lack adequate markers as required by the permit?(Not applicable M ❑ ❑ ❑ to roofed pits,dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require ❑ ❑ ❑ maintenance or improvement? Waste Application Yes No Na Ne 10.Are there any required buffers,setbacks,or compliance alternatives that need ❑ M ❑ ❑ maintenance or improvement? 11. Is there evidence of incorrect application? : ❑ 0 ❑ ❑ If yes, check the appropriate box below. Excessive Ponding? ❑ Hydraulic Overload? ❑ Frozen Ground? ❑ Heavy metals(Cu,Zn,etc)? ❑ PAN? ❑ Is PAN> 10%/10 ibs.? ❑ Total Phosphorus? ❑ Failure to incorporate manure/sludge into bare soil? ❑ Outside of acceptable crop window? ❑ Evidence of wind drift? ❑ Application outside of application area? ❑ page: 3 Permit: NCA345007 Owner-Facility: Michael R Corn Facility Number: 450007 Inspection Date: 01/13/16 Inppection Type: Compliance Inspection Reason for Visit: Routine Waste Application Yes No Na No Crop Type 1 Fescue(Hay,Pasture) Crop Type 2 Small Grain(Wheat,Barley, Oats) Crop Type 3 Crop Type 4 Crop Type 5 Crop Type 6 Soil Type 1 Soil Type 2 Soil Type 3 Soil Type 4 Soil Type 5 Soil Type 6 14. Do the receiving crops differ from those designated in the Certified Animal Waste ❑ ■ ❑ ❑ Management Plan(CAWMP)? 15. Does the receiving crop and/or land application site need improvement? ❑ M ❑ ❑ 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre ❑ ■ ❑ ❑ determination? 17. Does the facility lack adequate acreage for land application? ❑ ■ ❑ ❑ 18. Is there a lack of properly operating waste application equipment? ❑ ❑ ❑ Records and Documents Yes No Na Ne 19. Did the facility fail to have Certificate of Coverage and Permit readily available? 0 ❑ ❑ ❑ 20. Does the facility fail to have all components of the CAWMP readily available? ❑ . ❑ ❑ If yes,check the appropriate box below: WUP? ❑ Checklists? ❑ Design? ❑ Maps? _ _ ❑ Lease Agreements? ❑ Other? If Other, please Specify Not all application fields are addressed in the WUP 21. Does record keeping need improvement? ■ ❑ ❑ ❑ If yes, check the appropriate box below. Waste Application? Weekly Freeboard? ❑ Waste Analysis? Soil analysis? Waste Transfers? ❑ Weather code? Rainfall? ❑ �� page: 4 Permit: NCA345007 Owner-Facility: Michael R Corn Facility Number: 450007 inspection Date: 01/13/16 Inssection Type: Compliance Inspection Reason for Visit: Routine Records and Documents Yes No Na Ne Stocking? ❑ Crop yields? 120 Minute inspections? Monthly and 1"Rainfall Inspections Sludge Survey ❑ 22. Did the facility fail to install and maintain a rain gauge? ❑ ❑ ❑ ■ 23. If selected,did the facility fail to install and maintain a rainbreaker on irrigation equipment ❑ ❑ O ❑ (NPDES only)? 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ 0 ❑ ❑ 25. Is the facility out of compliance with permit conditions related to sludge?If yes,check the ❑ ❑ ■ ❑ appropriate box(es)below: Failure to complete annual sludge survey El Failure to develop a POA for sludge levels ❑ Non-compliant sludge levels in any lagoon ❑ List structure(s)and date of first survey indicating non-compliance: 26. Did the facility fail to provide documentation of an actively certified operator in charge? ❑ ❑ ❑ 27. Did the facility fail to secure a phosphorous loss assessment(PLAT)certification? ❑ ❑ ❑ Yes No Na Ne Other Issues 28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document ❑ ❑ ❑ and report mortality rates that exceed normal rates? 29.At the time of the inspection did the facility pose an odor or air quality concern? If yes, ❑ M ❑ ❑ contact a regional Air Quality representative immediately. 30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? ❑ i ❑ ❑ (i.e., discharge,freeboard problems,over-application) 31. Do subsurface tile drains exist at the facility? ❑ ❑ ❑ If yes,check the appropriate box below. Application Field Lagoon/Storage Pond ❑ Other ❑ If Other, please specify 32.Were any additional problems noted which cause non-compliance of the Permit or ❑ M ❑ ❑ CAWMP? 33. Did the Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ ❑ ❑ 34. Does the facility require a follow-up visit by same agency? ❑ M ❑ ❑ page: 5 ,.__, �i '�i __ _. � 1A�. + R VAN,'DER VA��KyRT Pwca � '�ivecaiax Certified Mail # 7014 0510 0000 4466 9137 Return Receipt Requested February 3, 2016 Eric Stoneman, Director of Facility &Grounds Maintenance Champion Hills Property Owners Association Inc. 5 Pine Shadow Dr. Hendersonville, NC 28739 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-PC-0027 Permit No. WQ0004115 Champion Hills WWTP &Reclaimed Water Generation & Utilization System Henderson County -Dear Permittee: A'review of the October 2015 Non-Discharge Monitoring Report (NDMR)for the subject facility revealed the violation(s) indicated below: Reporting Violation(s): Sample Location Parameter Date Type of Violation 001 BOD, 5-Day(20 Deg. C) (00310) 10/31/2015 Parameter Missing 001 Chlorine,Total Residual (50060) 10/31/2015 Parameter Missing - 001 Coliform, Fecal MF, M-FC Broth,44.5C 10/31/2015 Parameter Missing (31616) 001 Flow, in conduit or thru treatment plant 10/31/2015 Parameter Missing (50050) 001 Nitrogen, Ammonia Total (as N) 10/31/2015 Parameter Missing (00610) 001 Nitrogen, Nitrate Total (as N) (00620) 10/31/2015 Parameter Missing 001 pH (00400) 10/31/2015 Parameter Missing 001 Solids, Total Suspended (00530) 10/31/2015 Parameter Missing State of North Carolina Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina Gel.' Statute (G.S.) 143-215.1 and the facility's Non-Discharge Permit. Pursuant to G.S. 143-215.6A, a civil penalty v not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Non-Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you have any questions concerning this matter, please contact Beverly Price of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: James &James Environmental Mgt. Inc. WQS Asheville Regional Office - Enforcement File Non-Discharge Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\Henderson\Wastewater\Non-discharge\Champion Hills Property Owners Association\NOV-2016-PC-0027.rtf ` PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director February 3,2016 Joey Davis—Town Manager Town of Tryon 301 North Trade Street Tryon,NC 28782 Subject: Notice of Deficiency NOD-2016-GW-0001 Permit No. WQ0004341 Town of Tryon Land Application of Residual Solids Permit Polk County Dear Mr. Davis: Staff of the North Carolina Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS) recently reviewed the November 2015 Groundwater Quality Monitoring: Compliance Report Forms(GW-59 Forms)for the subject facility.The review revealed the following: 1. Fecal coliform bacteria were detected in monitoring well MW-8 at >23 most probable number (MPN), which is in excess of the Title 15A North Carolina Administrative Code (NCAC) 02L .0202 groundwater quality standard (2L standard) for total coliform organisms of 1 unit per 100 milliliters. 2. The GW-59A Compliance Report Form, submitted with the November 2015 GW-59 Forms, incorrectly noted that no monitored constituents were detected equal to or above the established standards. If coliform organisms are detected in future groundwater samples in excess of the 21,standard, additional assessment of the cause, significance,and extent of the violation in accordance with Title 15A'NCAC 02L .0106 may be required. Staff of the DWR will plan to collect split groundwater samples during the March 2016 groundwater monitoring event. If you have any questions concerning this matter, please contact Andrew Moore via email at Andrew.W.Moore@ncdenr.gov or at(828)296-4684. Sincerely, G.Landon Davidson,P.G. Regional Supervisor Water Quality Regional Operations Section cc: MSC 1617-Central Files-Basement WQ Enforcement Files-Non-Discharge Unit WQ Asheville Files State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70 1 Swannanoa,North Carolina 28778 828 296 4500 �\ �� � ' _ , � r _._ PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary rraterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY _ Director February 4, 2016 DWR# 15-1297 Buncombe County Somerset WC LLC Attn: Denis Beaulieu 158 Walnut Valley Parkway Arden, NC 28704 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Somerset at Walnut Cove Dear Mr. Beaulieu: You have our approval for the impacts listed below for the purpose described in your application dated December 4, 2015, and received by the Division of Water Resources (Division) on December 11,2015,with additional information received on February 4, 2016. These impacts are covered by the attached Water Quality General Certification Number 3890 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Number 29 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by(but not limited to) Sediment and Erosion Control,Non-Discharge, Water Supply Watershed,and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certifications) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] State of North Carolina Environmental Quality I Water Resources 2090 U.S.Hwy.70 1 Swannanoa,North Carolina 28778 828 296 4500 Somerset at Walnut Cove. DWR#15-1297 401 Approva► Page 2 of 4 \ Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Streams Impact S1 135 (linear feet) Impact S2 20 (linear feet) 2. Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the NC Division of Mitigation Services (DMS)to meet this mitigation requirement. Until the DMS receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to the DMS to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]: Compensatory Mitigation River&Sub-basin Required Number -Stream 135 (feet) French Broad 06010105 3. This approval is for the purpose and design described in your application.The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project,you must notify the Division and you may be required to submit a new application package with the,appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification(s) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 4. Stormwater Management Plan (SMP)Approval from Buncombe County Required. You are required to provide one copy of the approved SMP, including plan details on full-sized plan sheets, with proof of Buncombe County's approval. The approved SMP shall be submitted to the DWR 401& Buffer Permitting Unit(1617 Mail Service Center, Raleigh, NC 27699-1617) before any impacts authorized in this certification occur.` After it is approved and submitted to the Division, the SMP may not be modified without prior written authorization from Buncombe County. If the SMP is modified in Somerset at Walnut Cove DWR#15-1297 401 Approval Page 3 of 4 the future,then you shall provide one modified SMP with proof of approval to the DWR 401 & Buffer Permitting Unit prior to the commencement of the modifications. [15A NCAC 02H .0506(b)(5)] 5. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3)] 6. The turbidity standard of 50 NTUs (Nephelometric Turbidity Units)shall not be exceeded as described in 15 A NCAC 02B .0200. Appropriate sediment and erosion control practices must be used to meet this standard. [15A NCAC 02B .0200] 7. Ali temporary impacted areas shall be restored to pre-construction natural conditions upon completion of the project. Native vegetation shall be used for stream bank stabilization. [15A NCAC 02H .0506 (b)(2) and (c)(2)] S. Any additional impacts to streams and/or wetlands as a result of future roads, buildings, driveways, utility lines or other development related activities within this subdivision will require a modification of this 401 Water Quality Certification approval. [15A NCAC 02H .0506(4) and 15A NCAC 02H .0501 and .0502] 9. All wetlands, streams, and surface waters that are not approved for impacts and are located within 50 feet of the construction area on the project site shall be clearly marked (example-orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is.completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 10. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification.A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 © and 15A NCAC 02H .0506 (b)(2) and (c)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby.known as OAH)within sixty(60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during Somerset at Walnut Cove DWR#15-1297 401 Approval Page 4 of 4 normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919)431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Zan Price at 828-296-4662 or zan.price@ncdenr.gov if you have any questions or concerns. Sincerely, an Price, P.E.,Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3890 Certificate of Completion cc: Jennifer Robertson—Atlas Environmental, Inc(via email) William Elliot—USACE Asheville Regulatory Field Office (via email) Andrea Leslie—NCWRC(via email) Mike Goodson—Buncombe County (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit G:\WR\WQ\Buncombe\401s\Non-DOT\Sumerset at Walnut Cove\APRVL.Sumerset at Walnut Cove.docx w1otR 1. 00 Certified Mail # 7014 0510 0000 4466 1056 Return Receipt Requested February 4, 2016 David Moore Fendrich Industries Inc PO Box 1579 Tryon, NC 28782-1579 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LV-0076 Permit No. NC0048305 Carolina Yarn Processors Polk County __.:ar Permittee: A review of the October 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 003 Effluent Solids,Total Suspended - _10/6/2015 45 86 Daily Maximum Exceeded- Concentration (C0530) 003 Effluent Solids, Total Suspended - 10/31/2015 30 86 Monthly Average Exceeded Concentration(C0530) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. State of North Carolina Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 --if you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the ' violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. Additionally and if you have not already done so, you may wish to consider registering to use the Division's new e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs). For more information, please visit the eDMR Website at the following address: http://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Joel B. Burrell/ ORC G:\.WRtN1Q\PoikV>,lastewater',IndustriakCaroiina Yarn Processors 48305;N0V-N0I-LV-2016-0076Af PAT MCCRORY Governor DONALD R. VAN DER VAART ® Secretary S. JAY ZIMMERMAN Water Resources Director ENVIRONMENTAL QUALITY February 5, 2016 Mr. Gary Clark Cullasaja Homeowner's Assoication 1371 Cullasaja Club Road Highlands,North Carolina 28741 SUBJECT: Compliance Evaluation Inspection Cullasaja Club Deemed Collection System Permit No: WQCSD0452 Jackson County Dear Mr. Clark: On February 3, 2016, 1 conducted a Compliance Evaluation Inspection of the Deemed Wastewater Collection System that serves The Cullasaja Club. Based on records reviewed, on-site visits to pump stations and interviews with staff, the Wastewater Collection System was determined to be in compliance with permit WQCSD0452. A report is attached for your records with findings summarized. The collection system appears to be well maintained and operated. The following items were noted during the inspection: i Duplex Pump Stations do not have an emergency notification signs. Per 15A NCAC 02T .0305 (h)(2) Pump stations shall have a permanent weatherproof sign stating the pump station identifier,24-hour emergency number and instructions to call in case of emergency. • Continue to operate and maintain the collection system in compliance with the requirements outlined in 15A NCAC 02T .0403 (Attached) for Deemed Wastewater Collection Systems. Your assistance in conducting the inspection was greatly appreciated. If there are questions or additional information is needed regarding system operation, maintenance, or permit questions,please feel free to contact me at 828-296-4500. Please refer to the enclosed inspection report for additional observations and comments. Sincerely, Tim Heim,P.E. Environmental Engineer Enc. cc: Mark Teague , Environmental Inc. MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\Jackson\Collection Systems\Cullasaja Club HOA\CEI letter 02-03-2016.doc State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 828 296 4500 \\ �� ,�--, U' ��' Compliance Inspection Report Permit: WQCSD0452 Effective: 06/30/09 Expiration: Owner: Cullasaja Homeowner's Association SOC: Effective: Expiration: Facility: Cullasaja WWTP County:Jackson 1371 Cullasaja Club Dr Region: Asheville Highlands NC 28741 Contact Person: Gary Clark Title: Phone: 828-529-2190 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 02102/2 0 1 6 Entry Time: 01:OOPM Exit Time: 03:OOPM Primary Inspector: Timothy H Heim Phone: 828-296-4665 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Collection System Inspect Non Sampling Permit Inspection Type: Deemed permitted collection system management and operation Facility Status: ® Compliant Not Compliant Question Areas: ® Miscellaneous Questions ® Records ® Inspections ® Lines (See attachment summary) Page: 1 Permit: WQCSD0452 Owner-Facility:Cullasaja Homeowner's Association Inspection Date: 02/02/2016 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine Inspection Summary: Tim Heim of the Asheville Regional Office performed the Compliance Evaluation Inspection on February 3rd,2016. Mark Teague of Environmental Inc,and Gary Clark, Facilities Manager for Cullasaja Homeowner's Association were present during the inspection. The collection system appears well maintained and record keeping appeared excellent. Page: 2 Permit: WQCSD0452 Owner-Facility:Cullasaja Homeowner's Association Inspection Date: 02/02/2016 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine Inspections Yes No NA NE Are maintenance records for sewer lines available? ® ❑ ❑ ❑ Are records available that document pump station inspections? ® ❑ ❑ ❑ Are SCADA or telemetry equipped pump stations inspected at least once a week? ❑ ❑ ® ❑ Are non-SCADA/telemetry equipped pump stations inspected every day? ® ❑ ❑ ❑ 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? No ❑ ❑ Are records available that document inspections of high-priority lines? ■ ❑ ❑ ❑ Has there been visual inspections of high-priority lines in last six months? ❑ ❑ ® ❑ Comment: System has no gravity lines Staff are able to visualize and access all part of the system. Record keeping and organization appeared excellent. 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? ❑ ❑ ® ❑ If yes,is there a corrective action plan? ❑ ❑ ® ❑ Is a map of the system available? ® ❑ ❑ ❑ Does the map include: Pipe sizes ® ❑ ❑ ❑ Pipe materials ® ❑ ❑ ❑ Pipe location ® ❑ ❑ ❑ Flow direction ® ❑ ❑ ❑ Approximate pipe age ® ❑ ❑ ❑ Number of service taps ® ❑ ❑ ❑ Pump stations and capacity ® ❑ ❑ ❑ If no,what percent is complete? List any modifications and extensions that need to be added to the map Map appeared complete and up to date. #Does the permittee have a copy of their permit? ® ❑ ❑ ❑ Comment: Page: 3 �� �: `�J '_ 15A NCAC 02T.0403 PERMITTING BY REGULATION (a)Collection systems having an actual,permitted or Division approved average daily flow less than 200,000 gallons per day are deemed permitted pursuant to Rule.0113 of this Subchapter provided the system meets the criteria in Rule.0113 of this Subchapter and all specific criteria required in this Rule: (1)The sewer system is effectively maintained and operated at all times to prevent discharge to land or surface waters,and to prevent any contravention of groundwater standards or surface water standards. (2)A map of the sewer system has been developed and is actively maintained. (3)An operation and maintenance plan including pump station inspection frequency,preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. (4)Pump stations that are not connected to a telemetry system(i.e.,remote alarm system)are inspected by the permittee or its representative every day(i.e.,365 days per year).Pump stations that are connected to a telemetry system are inspected at least once per week. (5)High-priority sewers are inspected by the permittee or its representative at least once every six-months and inspections are documented. (6)A general observation by the permittee or its representative of the entire sewer system is conducted at least once per year. (7)Overflows and bypasses are reported to the appropriate Division regional office in accordance with 15A NCAC 02B .0506(a),and public notice is provided as required by G.S. 143-215.1C. (8)A Grease Control Program is in place as follows: (A)For publicly owned collection systems,the Grease Control Program shall include at least bi-annual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors for new construction and retrofit,if necessary,of grease interceptors at existing establishments.The plan shall also include legal means for inspections of the grease interceptors,enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. (B)For privately owned collection systems,the Grease Control Program shall include at least bi-annual distribution of grease education materials to users of the collection system by the permittee or its representative. (C)Grease education materials shall be distributed more often than required in Parts(A)and(B)of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. (9)Right-of-ways and easements are maintained in the full easement width for personnel and equipment accessibility. (10)Documentation shall be kept for Subparagraphs(a)(1)through(a)(9)of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. (b)Private collection systems on a single property serving an industrial facility where the domestic wastewater contribution is less than 200,000 gallons per day shall be deemed permitted. (c)The Director may determine that a collection system should not be deemed to be permitted in accordance with this Rule and Rule.0113 of this Subchapter.This determination shall be made in accordance with Rule.0113(e)of this Subchapter. �',� �j ��� �/ �� PAT MCCRORY Governor t DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN WaterResources Director ENVIRONMENTAL QUALITY February 5, 2016 Mr. Patrick Kennedy 700 Cary Drive San Leandro, CA 94577-3812 SUBJECT: Compliance Evaluation Inspection Singing Waters Camping Resort Deemed Collection System Permit No: WQCSD0486 Jackson County Dear Mr. Kennedy: On February 3, 2016, I conducted a Compliance Evaluation Inspection of the Deemed Wastewater Collection System that serves the Singing Waters Camping Resort. Based on the on-site visit and discussions with Mark Teague of Environmental, Inc., it is understood that the facility is no longer operating and is closed for the foreseeable future. Should the facility be returned to operation, it shall be operated and maintained in compliance with the requirements outlined in 15A NCAC 02T .0403 (Attached) for Deemed Wastewater Collection Systems. The assistance and cooperation of Mr. Mark Teague in conducting the inspection was greatly appreciated. If there are questions or additional information is needed regarding system operation, maintenance, or permit questions, please feel free to contact me at 828-296-4500. Please refer to the enclosed inspection report for additional observations and comments. Sincerely, w - Tim Heim,P.E. Environmental Engineer Enc. cc: Mark Teague, Environmental Inc. MSC 1617-Central Files-Basement Asheville Files \ G:\WR\WQ\Jackson\Collection Systems\Singing Waters Campground\CEI letter 02-03-2016.doc State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 828 296 4500 r �� ���, - L� Compliance Inspection Report Permit: WQCSD0486 Effective: 08/28/09 Expiration: owner: J Patrick Kennedy SOC: Effective: Expiration: Facility: Singing Waters Camping Resort County:Jackson 1006 Trout Creek Rd Region: Asheville Tuckasegee NC 28783 " Contact Person: Ken Dinger Title: Phone: 828-421-1282 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 02/03/2016 Entry Time: 12:OOPM Exit Time: 12:30PM Primary Inspector: Timothy H Heim Phone: 828-296-4665 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Collection System Inspect Non Sampling Permit Inspection Type: Deemed permitted collection system management and operation Facility Status: ® Compliant Not Compliant Question Areas: ® Miscellaneous Questions ® Records (See attachment summary) Page: 1 Permit: WQCSD0486 Owner-Facility:J Patrick Kennedy Inspection Date: 02/03/2016 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine Inspection Summary: Tim Heim of the Asheville Regional Office performed the Compliance Evaluation Inspection on February 3,2016. Mark Teague of Environmental Inc.was present during the inspection.The facility has been closed since approximately 2008 and is no longer being operated. Mr.Teague performs periodic visits to the facility to verify that conditions have not changed. Page: 2 Permit: WQCSD0486 Owner-Facility:J Patrick Kennedy Inspection Date: 02/03/2016 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine 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? ❑ ❑ ® ❑ If yes,is there a corrective action plan? ❑ ❑ ® ❑ Is a map of the system available? ❑ ❑ ® ❑ Does the map include: Pipe sizes ❑ ❑ ® ❑ Pipe materials ❑ ❑ ® ❑ Pipe location ❑ ❑ ® ❑ Flow direction ❑ ❑ ® ❑ Approximate pipe age ❑ ❑ ® ❑ Number of service taps ❑ ❑ ® ❑ Pump stations and capacity ❑ ❑ ® ❑ 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? El ® ❑ Comment: Page: 3 15A NCAC 02T.0403 PERMITTING BY REGULATION (a)Collection systems having an actual,permitted or Division approved average daily flow less than 200,000 gallons per day are deemed permitted pursuant to Rule.0113 of this Subchapter provided the system meets the criteria in Rule.0113 of this Subchapter and all specific criteria required in this Rule: (1)The sewer system is effectively maintained and operated at all times to prevent discharge to land or surface waters,and to prevent any contravention of groundwater standards or surface water standards. (2)A map of the sewer system has been developed and is actively maintained. (3)An operation and maintenance plan including pump station inspection frequency,preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. (4)Pump stations that are not connected to a telemetry system(i.e.,remote alarm system)are inspected by the permittee or its representative every day(i.e.,365 days per year).Pump stations that are connected to a telemetry system are inspected at least once per week. (5)High-priority sewers are inspected by the permittee or its representative at least once every six-months and inspections are documented. (6)A general observation by the permittee or its representative of the entire sewer system is conducted at least once per year. (7)Overflows and bypasses are reported to the appropriate Division regional office in accordance with 15A NCAC 02B. .0506(a),and public notice is provided as required by G.S. 143-215.1C. (8)A Grease Control Program is in place as follows: (A)For publicly owned collection systems,the Grease Control Program shall include at least bi-annual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors for new construction and retrofit,if necessary,of grease interceptors at existing establishments.The plan shall also include legal means for inspections of the grease interceptors,enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. (B)For privately owned collection systems,the Grease Control Program shall include at least bi-annual distribution of grease education materials to users of the collection system by the permittee or its representative. (C)Grease education materials shall be distributed more often than required in Parts(A)and(B)of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. (9)Right-of-ways and easements are maintained in the full easement width for personnel and equipment accessibility. (10)Documentation shall be kept for Subparagraphs(a)(1)through(a)(9)of this Rule for a minimum of three years with - exception of the map,which shall be maintained for the life of the system. (b)Private collection systems on a single property serving an industrial facility where the domestic wastewater contribution is less than 200,000 gallons per day shall be deemed permitted. (c)The Director may determine that a collection system should not be deemed to be permitted in accordance with this Rule and Rule.0113 of this Subchapter.This determination shall be made in accordance with Rule.0113(e)of this Subchapter. PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary aterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director February 5, 2016 Dr. Mina Shehee N.C. Department of Health and Human Services Epidemiology Section—OEEB 1912 Mail Service Center Raleigh, NC:27699-1912 Re: Jackson County HRE Request Owners Name` Anne Lauder Sample Location: 965 Watson Branch Cullowhee, NC Dear Dr. Shehee, The Asheville Regional Office is investigating a groundwater complaint in Jackson County. The private water supply well,located at the address above,was sampled on December 11,2015.The water samples were analyzed for chloride,sulfate, and various metals. The table below summarizes the analytical results. Manganese,sulfate,and zinc concentrations are above the state's groundwater standards (15A NCAC 02L,0202). Analyte Source Results 2L Standard µg/I Aluminum 65 Barium 29 700 Calcium 140,000 Chloride 1,100 - 250,000 Iron 130 300 Lead 4.8 15 Magnesium Well Head 19,000 Manganese 240 50 Nickel 7.8 100 Potassium 11,000 Sodium 81700 Sulfate 300,000 250,000 Zinc 6,400 1,000 State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70,Swannanoa,North Carolina 28778 828-296-4500 Dr.Mina Shehee February 5,2015 Page 2 of 2 \\ Please provide a health risk evaluation for the presence of chloride,sulfate, and various metals. Please feel free to contact me if you have additional questions or concerns. I can be reached at(828)296-4681 or brett.laverty ncdenr.gov. Sincerely, Brett Laverty Water Quality Regional Operations Asheville Regional Office cc:ARO files NC DWR WaterSciences Section-Chemistry Laboratory results JACKSON Sample ID: AC25120 din PO Number# 15G0313 ,art To ARO Date Received: 1 211 5/2 01 6 , Time Received: 08:60 'lector. B LAVERTY s Labworks LoginlD MSWIFT .,gion: ARO h6lon of Water Resources Final Report Date: 1/26/16 Sample Matrix: GROUNDWATER Loc.Type: WATERSUPPLY Final Repot Report Print Date: 02/05/2016 Emergency Yes/No VisitlD CDC Yes/No Loc.Descr.: 966 WATSON BRANCH ROAD CULLOWHEE,NC Location ID: 1C50965WATSON Collect Date: 1 2/1 112 01 6 Collect Time: 12:66 Sample Depth If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. CAS# Analvte Name PQL Result! Units Method Anal rL validated by Qualifier Reference Date LAB Sample temperature at receipt by lab 2.2 °C 12/15/15 MSWIFT WET Ion Chromatography TITLE mg/L EPA300.0 rev2.1 12/15/15 CGREEN Fluoride 0.4 0.4 U mg/L EPA 300.0 rev2.1 12/15/15 CGREEN- Chloride. 1.0 1.1 mg/L EPA 300.0 rev2.1 12/15/15 CGREEN Bromide 0.4 0.4U mg/L EPA 300.0rev2.1 12/15/15 CGREEN Sulfate 2.0 300 mg/L EPA 300.0 rev2.1 12/15/15 CGREEN MET 7440-22-4 Ag by ICPMS 1.0 1.0 U ug/L EPA200.8 12/18/15 ESTAFFORD1 10-5 AI by ICP 50 65 ug/L EPA200.7 12/21/15 ESTAFFORDI 7,44o-38-2 As by ICPMS 2.0 2.0 U ug/L EPA200.8 12/18/15 ESTAFFORD1 7429-90-5 B by ICP 50 50 U ug/L EPA200.7 12/18/15 ESTAFFORDI 7440-38-3 Ba by ICP. 10 29 ug/L EPA200.7 12/18/15 ESTAFFORDI 7440-70-2 Ca by ICP 0.10 140 mg/L EPA200.7 12/18/15 ESTAFFORD1 7440-43-9 Cd by ICPMS 0.50 0.50 U ug/L EPA200.8 12/18/15 ESTAFFORDI 7440-47-3 Cr by ICPMS 5.0 5.0 U ug/L EPA200.8 12/18/15 ESTAFFORDI 7440-50-8 Cu by ICPMS 2.0 2.0 U ug/L EPA200.8 12/18/15 ESTAFFORD1 7439-89-6 Fe by ICP 50 130 ug/L EPA200.7 12/21/15 ESTAFFORD1 7439-97-6 Hg 245.1 0.2 0.20 U,Q2 ug/L EPA245.1 1/15/16 ESTAFFORD1 7440>09-7 KbyICP 0.10 11 mg/L EPA200.7 12/18/15 ESTAFFORDI - 7439-95-4 Mg by ICP 0.10 19 mg/L EPA200.7 12/18/15 ESTAFFORDI 7439-96-5 Mn by ICP 10 240 ug/L EPA200.7 12/21/15 ESTAFFORDI 7440-23-5 Na by ICP 0.10 8.7 mg/L EPA200.7 12/18/15 ESTAFFORDI 7440-02-0 Ni by ICPMS 2.0 7.8 ug/L EPA200.8 12/18/15 ESTAFFORDI 7439-92-1 Pb by ICPMS 2.0 4.8 ug/L EPA200.8 12/18/15 ESTAFFORD1 7782-49-2 Se by ICPMS 1.0 1.0 U ug/L EPA200.8 12/18/15 ESTAFFORDT 7440-66-6 Zn by ICP 10 6400 ug/L EPA200.7 12/21/15 ESTAFFORDI - WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919Y733-3908 For a detailed description of the qualifier codes refer to<httD:i/aortal.nedenr.orehveb/wa/ODs/methods-and-Da Is> Page.1 of 1 PAT MCCRORY Governor DONALD R. VAN DER VAART � Y Secretary ,aterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director February 5, 2016 Dr. Mina Shehee N.C. Department of Health and Human Services Epidemiology Section—OEEB 1912 Mail Service Center Raleigh, NC 27699-1912 Re: Haywood County HRE Request Owners Name: Ruffin Shackelford Sample Location: 3062 Fie Top Road Maggie Valley,NC Dear Dr.Shehee, The Asheville Regional Office is investigating a groundwater complaint in Haywood County. The private water supply well, located at the address above, was sampled on January 12, 2016.The water samples were analyzed for chloride,sulfate, and various metals. The table below summarizes the analytical results. Please note this table represents an initial water sample that was collected prior to an hour-long purge of the water supply well.There were no continents above the state's groundwater standards (15A NCAC 02L.0202). Sample ID:AC25666 Analyte Source Results 2L Standard µg/I Barium 42 700 Calcium 94,000 Chloride 210,000 250,000 Magnesium 15,000 Potassium Well Head 2,200 Sodium 31,000 Sulfate 2,100 250,000 Strontium 530 The table below summarizes the analytical results. Please note this table represents a second water sample that was collected after an hour-long purge of the water supply well. There were no continents above the state's groundwater standards (15A NCAC 02L.0202). State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70,Swannanoa,North Carolina 28778 828-2964500 Dr.Mina Shehee February 5,2015 Page 2 of 2 Sample ID:AC25667 Analyte Source Results 2L Standard µg/l Barium 34 700 Calcium 80,000 - Chloride 190,000 250,000 Magnesium Well Head 14,000 Potassium 1,700 Sodium 26,000 Strontium 460 Please provide a health risk evaluation for the presence of chloride,sulfate,and various metals. Please feel free to contact me if you have additional questions or concerns. I can be reached at(828)296-4681 or brett.lavertv@ncdenr.gov. Sincerely, Brett La erty Water uality egional Operations Asheville Regional Office cc:ARO files NC MX WaterSciences Section-Chemistry Ga6oratory Results Haywood Sample ID: AC25666 ,asin NA PO Number# 16G0008 :port To ARO Date Received: 01/14/2016 lector: B LAVERTY � w Time Received: 08:45 Labworks LoginlD MSWIFT -agion: ARO Division of Water Resources Final Report Date: 2/1/16 Sample Matrix: GROUNDWATER Report Print Date: 02/05/2016 Lois.Type: Water SupplV Final Report Emergency Yes/No VisitlD COC Yes/No Loc.Descr.: RUFFIN SHACKELFORD-3062 FIE TOP ROAD MAGGIE VALLEY,NC Location ID: IC443062FIETOP Collect Date: 01M2/2016 Collect Time: 12:06 Sample Depth NA ff this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes, CAS.# Analyte Name PQL Result/ Units Method Anal sis Validated by : Qualifier Reference Date LAB Sample temperature at receipt by lab 1.9 °C 1114/16 MSWIFT WET Ion Chromatography _TITLE_ mg/L EPA 300.0 rev2.1 1/19/16 CGREEN Fluoride 0.4 0.4 U mg/L EPA 300.0 rev2.1 1/19/16 CGREEN Chloride 1.0 210 mg/L EPA 300.0 rev2.1 1/19/16 CGREEN Bromide 0.4 0.4 U mg/L EPA 300.0 rev2A 1/19/16 CGREEN Sulfate 2.0 2,1 mg/L EPA 300.0 rev2.1 1/19/16 CGREEN MET 7440-22-4 Ag by ICPMS 1.0 1.0 U ug/L EPA200.8 1/27116 ESTAFFORDI 30-5 Al by ICP 50 50 U ug/L EPA200.7 1/21/16 ESTAFFORD1 7440-38-2 AS by ICPMS 2.0 2.0 U ug/L EPA 200.8 1/27/16 ESTAFFORDI 7440-38-3 Ba by ICP 10 42 ug/L EPA200.7 1/20/16 ESTAFFORDI 7440-70-2 Ca by ICP 0.10 94 mg/L EPA200.7 1/20/16 ESTAFFORD1 7440-43-9 Cd by ICPMS 0.50 0.50 U ug/L EPA200.8 1/27/16 ESTAFFORDI 7440-47-3 Cr by ICPMS 5.0 5.0 U ug/L EPA200.8 1/27/16 ESTAFFORD1 7440-50-8 Cu by ICPMS 2.0 2.0 U ug/L EPA200.8 1/27/16 ESTAFFORDI 7439-89-6 Fe by ICP 50 50 U ug/L EPA200.7 1/21/16 ESTAFFORDI 7439-97-6 Hg 245.1 0.2 0.20 U ug/L EPA245.1 1/15/16 ESTAFFORD1 7440-09-7 K by ICP 0.10 2.2 mg/L EPA200.7 1/20/16 ESTAFFORDI' 7439-95-4 Mg by ICP 0.10 15 mg/L EPA200.7 1120/16 ESTAFFORD1 7439-96-5 Mn by ICPMS 10 IOU ug/L EPA200.8 1/21/16 ESTAFFORD1 7440-23-5 Na by ICP 0,10 31 mg/L EPA200.7 1/20/16 ESTAFFORD1 7440-02-0 Ni by ICPMS 2.0 2.0 U ug/L EPA200.8 1/27/16 ESTAFFORDI 7439-92-1 Pb by ICPMS 2.0 2.0 U ug/L EPA200.8 1/27/16 ESTAFFORD1 7782-49-2 Se by ICPMS 1.0 1.0 U ug/L EPA200.8 1/27/16 ESTAFFORDI 7440-24-6 Sr by ICPMS 10 530 ug/L EPA200.8 1/27/16 ESTAFFORD1 7440-66-6 Zn by ICPMS 10 IOU ug/L EPA200.8 1/27116 ESTAFFORDI = WSS Chemistry Laboratory>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 For a detailed description ofthe qualifier codes refer to<httt):HDorta>.ncdenr.Orv-/web/WQ/oDs/methods-and-po ls> Page 1 of 1 .YC MAX WaterSciences Section-Chemistry La6oratory Results Haywood Sample ID: AC25667 ,asin NA PO Number# 16G0009 :port To ARO Date Received: 01/14/2016 Time Received: 08:45 'lector: B LAVERTY legion: ARO Division t?�W �1 RCSOUIC�S Labworks LoginlD MSWIFT Final Report Date: 2/1/16 Sample Matrix: GROUNDWATER Loc.Type: Water Supply Final Report Report Print Date: 02/05/2016 Emergency Yes/No VisitlD COC Yes/No Loc.Descr.: RUFFIN SHACKELFORD-3062 FIE TOP ROAD MAGGIE VALLEY NC Location ID: 1C443062FIETOP Collect Date: 01/12/2016 Collect Time: 13:01 Sample Depth NA If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. CAS# Analyte Name PQL Result/ Units Method Analysis Validated by Qualifier Reference Date LAB Sample temperature at receipt by lab 1.9 °C 1/14/16 MSWIFT WET 7440-24-6 Ion Chromatography _TITLE_ mg/L EPA 300.0 rev2.1 1119116 CGREEN Fluoride 0.4 0.4 U mg/L EPA 300.0 rev2.1 1/19116 CGREEN Chloride 1.0 190 mg/L EPA 300.0 rev2.1 1/19116 CGREEN Bromide 0.4 0.4 U mg/L EPA 300.0 rev2.i i/19/16 CGREEN Sulfate 2.0 2.0 U mg/L EPA 300.0 rev2.1 1/19/16 CGREEN MET 7440-22-4 Ag by ICPMS 1.0 1.0 U ug/L EPA200.8 1/27/16 ESTAFFORDI 90-5 Al by ICP 50 50 U ug/L EPA200.7 1/21/16 ESTAFFORD1 7440-38-2 As by ICPMS 2.0 2.0 U ug/L EPA200.8 1/27/16 ESTAFFORD1 7440-38-3 Ba by ICP 10 34 ug/L EPA200.7 1/20/16 ESTAFFORDI 7440-70-2 Ca by ICP 0.10 80 mg/L EPA200.7 1120/16 ESTAFFORDI 7440-43-9 Cd by ICPMS 0.50 0.50 U ug/L EPA200.8 1/27116 ESTAFFORDI 7440-47-3 Cr by ICPMS 5.0 5.0 U ug/L EPA200.8 1/27/16 ESTAFFORD1 7440-50-8 Cu by ICPMS 2.0 2.0 U ug/L EPA200.8 1/27/16 ESTAFFORDI 7439-89-6 Fe by ICP 50 50 U ug/L EPA200.7 1/21/16 ESTAFFORD1 7439-97-6 Hg 245.1 0.2 0.20 U ug/L EPA245.1 1/15/16 ESTAFFORD1 7440-09-7 Kby ICP 0.10 1.7 mg/L EPA200.7 1/20/16 ESTAFFORD1 7439-95-4 Mg by ICP 0.10 14 mg/L EPA200.7 1/20/16 ESTAFFORD1 7439-96-5 Mn by ICPMS 10 IOU ug/L EPA200.8 1/21/16 ESTAFFORDI 7440-23-5 Na by ICP 0.10 26 mg/L EPA200.7 1/20/16 ESTAFFORDI 7440-02-0 Ni by ICPMS 2.0 2.0 U ug/L EPA200.8 1127/16 ESTAFFORD1 7439-92-1 Pb by ICPMS 2.0 2.0 U ug/L EPA200.8 1/27/16 ESTAFFORD1 7782-49-2 Se by ICPMS 1.0 1.0 U ug/L EPA200.8 1/27/16 ESTAFFORD1 7440-24-6 Sr by ICPMS 10 460 ug/L EPA200.8 1/27/16 ESTAFFORDI 7440-66-6 Zn by ICPMS 10 IOU ug/L EPA200.8 1/27/16 ESTAFFORD1 WSS Chemistry Laboratory>1623 Mail Service.]Center,Raleigh,NC 27699-1623 (919)733-3908 For a detailed description of the qualifier codes referto<kitty://DOTtal.rlcdenr.OrQ/Web/wa/ODs/methods-and-DaIs> Page 1 of 1 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary ater Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director February 5, 2016 DWR# 16-0032 Burke County Andy Chused Post Office Box 579 Atlantic Beach,North Carolina 28512-0579 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION PROJECT NAME: 1884 Sandy Cove Drive Dear Mr. Chused: In accordance with your application dated January 6, 2016 and received by this office January 155 2016, approval has been granted for the impacts listed In the table below, This approval requires you to follow the conditions listed m the enclosed certification(s) or general permit and any additional conditions listed below. Project impacts are covered by the attached Water Quality General Certification Number 3898 and the conditions listed below. This certification is associated with the use of General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with your project,including those required by(but not limited to) Erosion and Sediment Control, Water Supply Watershed and Trout Buffer regulations. IMPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved Permanent Open Waters Above Pool Below Pool 0.0689 (acres) 0.0689 (acres) State of North Carolina I Environmental Quality I Water Resources Asheville Regional Office 2090 US 70 Highway I Swannanoa,North Carolina 28778 828 296 4500 Andy Chused February 5,2016 Page 2 of 3 ADDITIONAL CONDITIONS 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certifications)/Permit/Authorization and is responsible for complying with all conditions. 2. The proposed project must comply with the Burke County local riparian buffer ordinance approved by the Division of Water Resources under the Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers, 15A NCAC 02B .0243(3)(b). 3. Stabilization techniques must meet the General Conditions listed in the Shoreline Stabilization Technique Selection Process found in Duke Energy's Shoreline Management Guidelines for the Catawba-Wateree river system 2006 Shoreline Management Plan. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm,excluding official state holidays). The petition may be faxed to the OAH at(919)431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five(5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 Chused cbruary 5,2016 Page 3 of 3 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Ed Williams at 828-2964686 or ed.williamsgncdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosure: GC 3898 Certificate of Completion cc: Carissa Parker—Bennick Enterprises LLC (via email—carissa@bennickgrading.com) William Elliot-USACE Asheville Regulatory Field Office (via email) Wade Harmon—Duke Energy Peter Minter-Burke County DWR ARO 401 files DWR 401 and Buffer Permitting Unit G:\WR\WQ\Burke\401s\Non-DOT\Chused-1884 Sandy Cove RdWPRVL401.Chusedl884SandyCoveRd-02052016.docx PAT MCCRORY Governor i- ;, DONALD R. VAN DER VAART A Secretary S. JAY ZIMMERMAN Water Resources Director ENVIRONMENTAL QUALITY February 5, 2016 Ms. Sandra Hardy Wade Hampton Property Owners Association NC Hwy 107 Cashiers,North Carolina 28717 SUBJECT: Compliance Evaluation Inspection Wade Hampton POA Deemed Collection System Permit No: WQCSD0454 Jackson County Dear Ms. Hardy: On February 3, 2016, I conducted a Compliance Evaluation Inspection of the Deemed Wastewater Collection System that serves Wade Hampton Property Owners Association. Based on records reviewed, on-site visits to pump stations and interviews with staff, the facility was found to be non-compliant with the Deemed Collection System requirements. The requirements for your sewerage collection system can be found in 15A NCAC 02T .0403, Permitting -'Ry Regulation. These regulations place significant operation, maintenance and reporting requirements on ,.lose entities that own or operate a wastewater collection system with average daily flows of less than 200,000 gallons per day. I have included a copy of the regulations for your reference. A report is attached for your records with findings summarized. The following items were noted during the inspection: • Complete the collection system map so it is accurate and to reflects any recent engineering improvements to the system. • Perform and document a general observation of the entire sewer system at least once per year. • Perform and document inspections of all pump stations connected to telemetry at least once per week, and those not connected to telemetry at least once per day, including testing of high level alarms. The high level alarm at the Golf Course Maintenance Pump Station was not working when tested during the inspection,but was repaired immediately. • Duplex Pump Stations do not have an emergency notification signs.Per 15A NCAC 02T .0305 (h)(2) Pump stations shall have a permanent weatherproof sign stating the pump station identifier, 24-hour emergency number and instructions to call in case of emergency. Inspection of manholes in the vicinity of the clubhouse revealed a significant buildup of grease and debris, which could lead to an overflow. Visually inspect and clean gravity lines as necessary. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 828 296 4500 • Continue to operate and maintain the collection system in compliance with the requirements outlined in 15A NCAC 02T .0403 (Attached) for Deemed Wastewater Collection Systems. The assistance of Mark Teague, Travis Farmer and Alex Melton of Environmental Inc, and Steve Norris and Steve Queen of Wade Hampton maintenance staff in conducting the inspection was greatly appreciated. If there are questions or additional information is needed regarding system operation, maintenance, or permit questions,please feel free to contact me at 828-296-4500. Please refer to the enclosed inspection report for additional observations and comments. Sincerely, 6 Tim Heim, P.E. Environmental Engineer Enc. cc: Mark Teague , Environmental Inc. MSC 1617-Central Files-Basement Asheville Files GAWR\WQ\Jackson\Collection Systems\Wade Hampton\CEI letter 02-03-2016.doc Compliance Inspection Report Permit: WQCSD0454 Effective: 07/29/09 Expiration: Owner: Wade Hampton Property Owners Association SOC: Effective: Expiration: Facility: Wade Hampton Golf Club WWTP County:Jackson NC Hwy 107 Region:Asheville Cashiers NC 28717 Contact Person: Saudra H Hardy Title: Administrator Phone: 828-743-9895 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 02/03/2016 Entry Time: 10:OOAM Exit Time: 12:OOPM Primary Inspector: Timothy H Heim Phone: 828-296-4665 Secondary Inspector(s): i Reason for Inspection: Routine Inspection Type: Collection System Inspect Non Sampling Permit Inspection Type: Deemed permitted collection system management and operation Facility Status: Compliant ® Not Compliant Question Areas: Miscellaneous Questions ® Records ® Inspections (See attachment summary) Page: 1 Permit: WQCSDO454 Owner-Facility:Wade Hampton Property Owners Association Inspection Date: 02/03/2016 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine Inspection Summary: Tim Heim of the Asheville Regional Office performed the Compliance Evaluation Inspection on February 3rd, 2016. Mark Teague of Environmental Inc, and Steve Norris and Steve Queen of Wade Hampton Property Owner's Association were present during the inspection. Complete the collection system map so it is accurate and to reflects any recent engineering improvements to the system. Perform and document a general observation of the entire sewer system at least once per year. Perform and document inspections of all pump stations connected to telemetry at least once per week, and those not connected to telemetry at least once per day, including testing of high level alarms.The high level alarm at the Golf Course Maintenance Pump Station was not working when tested during the inspection, but was repaired immediately. Duplex Pump Stations do not have an emergency notification signs. Per 15A NCAC 02T.0305(h)(2) Pump stations shall have a permanent weatherproof sign stating the pump station identifier,24-hour emergency number and instructions to call in case of emergency. Inspection of manholes in the vicinity of the clubhouse revealed a significant buildup of grease and debris,which could lead to an overflow. Visually inspect and clean gravity lines as necessary. Continue to operate and maintain the collection system in compliance with the requirements outlined in 15A NCAC 02T .0403(Attached)for Deemed Wastewater Collection Systems. Pager 2 Permit: WQCSD0454 Owner Facility:Wade Hampton Property Owners Association Inspection Date: 02/03/2016 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine Inspections Yes No NA NE Are maintenance records for sewer lines available? ❑ ® ❑ ❑ Are records available that document pump station inspections? ® ❑ ❑ ❑ Are SCADA or telemetry equipped pump stations inspected at least once a week? ® ❑ ❑ ❑ Are non-SCADA/telemetry equipped pump stations inspected every day? ® ❑ ❑ ❑ 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: Perform and document a general observation of the entire sewer system at least once per year. Perform and document inspections of all pump stations connected to telemetry at least once per week and those not connected to telemetry at least once per day,including testing of high level alarms The high level alarm at the Golf Course Maintenance Pump Station was not working when tested during the inspection but was repaired immediately. 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? ❑ 110 ❑ Do spill records indicate repeated overflows(2 or more in 12 months)at same location? ❑ ® ❑ ❑ If yes,is there a corrective action plan? ❑ ❑ ® ❑ Is a map of the system available? ® ❑ ❑ ❑ Does the map include: Pipe sizes ® ❑ ❑ ❑ Pipe materials ® ❑ ❑ ❑ Pipe location ® ❑ ❑ ❑ Flow direction ® ❑ ❑ ❑ Approximate pipe age ® ❑ ❑ ❑ Number of service taps ® ❑ ❑ ❑ Pump stations and capacity ® ❑ ❑ ❑ If no,what percent is complete? List any modifications and extensions that need to be added to the map Complete the collection system map so it is accurate and to reflects any recent engineering improvements to the system. #Does the permittee have a copy of their permit? ❑ ❑ ® ❑ Comment: Deemed Collection System Page: 3 �., __, '�i �,�_�/ _ _ PAT MCCRORY r,'nvernor DONALD R. VAN DER VAART 00 S. JAY ZIMMERMAN vi4iterResources ENVIRONMENTAL QUALITY l�tir.-ctor February 8, 2016 Joe Walker, Director,Facilities Management Western Carolina University 3476 Old Cull.owhee Road Cullowhee, NC, 28723 Subject: Permit No. WQ0038269 Western Carolina University Brown Building Renovation and Addition Wastewater Collection System Extension Permit Jackson County Dear Mr.Walker: In accordance with your application received January 28, 2016, we are forwarding herewith Permit No. WQ0038269 dated February 8, 2016, to the Western Carolina University (Permittee) for the construction and operation upon certification of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. . Please pay particular attention to the following conditions contained within this permit: Condition 11.1: This permit shall not be automatically transferable; a request must be made and approved. Condition IIA: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T.0403 or any individual system-wide collection system permit issued to the Permittee. It shall be responsibility of the Permittee to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made,this permit shall be final and binding. State of North Carolina/Environmental Quality/Water Resources 2090 U.S.Hwy.70,Swannanoa,N.C. 28778 828-2964500 Western Carolina University Permit No.WQ0038269 \ If you need additional information concerning this matter, please contact Tim Heim at(828)296-4500 or via e-mail at tim.heim@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ cc: James Baysinger II, P.E.—Stewart, Inc. (electronic copy) Dan Harbaugh -Tuckaseigee Water&Sewer Authority ARO Office Files Water Resources Central Files PERCS(electronic copy) G:\WR\WQ\Jackson\Collection Systems\Western Carolina Collection System\WO0038269 Brown.Bldg Reno.docx Page 2 of 8 NC. Environmental Quality WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Western Carolina University Jackson County for the construction and operation of approximately 175 linear feet of 4-inch gravity sewer and 641 linear feet of 8-inch gravity to serve renovation and additions to the Brown Building as part of the Brown Building Renovation and Addition project, and the discharge of 25,950 gallons per day of collected domestic wastewater into Western Carolina University's existing sewerage system, pursuant to the application received January 28,2016 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 Environmental Quality and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. G. Landon Davidson, P.G., Regional s—apervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Permit Number: WQ0038269 Permit Issued: February 8,2016 Page 3 of 8 SUPPLEMENT TO PERMIT.COVER SHEET Western Carolina University is hereby authorized to: Construct, and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the TWSA #1 Wastewater Treatment Facility in accordance with Permit Number NC0039578. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions and any Special Conditions identified below. I. SPECIAL CONDITIONS 1. This permit shall become voidable unless the agreement between WESTERN CAROLINA UNIVERSITY and the Tuckaseigee Water & Sewer Authority for the collection and final treatment of wastewater is in full force and effect. [15A NCAC 02T.0304(h)] 2. No flow in excess of the quantity permitted herein, 25,950 GPD, shall be made tributary to the subject sewer system until an application for permit modification for an increase in flow has been submitted to and approved by the Division. [15A NCAC 02T.0304(b)] II.STANDARD CONDITIONS 1. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. [15A NCAC 02T.0104; G.S 143-215.1(d3)] 2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. [15A NCAC 02T.0110] 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. [15A NCAC 02T.0110] 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the Page 4 of 8 - operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required,the following performance criteria shall be met: [15A NCAC 02T.0108(b)]: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shalt be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented, f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 26 .0506(a),'and public notice shall be provided as required by North Carolina General Statute §143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease'interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors,enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems,the Grease Control Program shall include at least bi- annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. L Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for-Subparagraphs-(a) through (i) of this Rule for a minimum of three years with exception of the map,which shall be maintained for the Fife of the system. 5. The Permittee shall report by telephone to a water resources staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours, following the occurrence or first knowledge of the occurrence of either of the following: Page 5 of 8 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any SSO and/or spill over 1,000 gallons; or c. Any SSO and/or spill, regardless of volume,that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. [G.S. 143- 215.1C(a1)] 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. [15A NCAC 02T.0108(b)] 7, upon completion of construction arid prior to operation Of these permitted facilities,the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the J Permittee to appropriate enforcement actions. If the permit is issued to a private entity with an.Operational Agreement, then a copy of the Articles of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: a. One copy of the project construction record drawings (plan& profile views of sewer lines & force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc. b. One copy of the supporting applicable design calculations including pipe and pump sizing, _- velocity, pump cycle times, and level control settings, pump station buoyancy, wet well storage, surge protection, detention time in the wet well, and force main, ability to flush low points in force mains with a pump cycle, and downstream sewer capacity analysis. If a portable power _ source or pump is dedicated to multiple stations, an evaluation of all the pump stations'storage capacities and the rotation schedule of the portable power source or pump, include travel timeframes, shall be provided. -' Page 6 of 8 c. Changes to the project that do not result in non-compliance with this permit, regulations, or the Minimum Design Criteria should be clearly identified on the record drawings,on the certification in the space provided,or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non-compliance with this permit (including pipe length increases of 10% or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the number/type of connections), regulations, or the Minimum Design Criteria. Requested modifications or variances to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After-construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification&activation. [15A NCAC 02T.0116] 8. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's Gravity Sewer Minimum.Design Criteria shall not be acceptable and shall not be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined,a slope variance can be requested from the Division with firm supporting documentation. This shall be done through a permit modification with fee. Such variance requests will be evaluated on a case-by-case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification. [15A NCAC 02T.01051n1] 9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. [15A NCAC 02T.0116] 10. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, - and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. [15A NCAC 02T.0104; 15A NCAC 02T.0108(b-c)] 11. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. [15A NCAC 02T.0110; 15A NCAC 02T.0108(b)] 12. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by the Division any other Federal, State, or Local government agencies which have jurisdiction or obtaining other permits which maybe required by the Division or any other Federal, State,of Local government agencies. [G.S. 143-215.1(b)] Page 7 of 8 FAST TRACK SEWER ENGINEERING CERTIFICATION PERMITTEE: PERMITTEE PERMIT#: WQ0038269 PROJECT: BROWN BUILDING RENOVATION AND ADDITION ISSUE DATE: February 8, 2016 ' This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the Division has received this Certification and all required supporting documentation. It should be submitted in a manner that documents the Division's receipt. Send the _required documentation to the Regional Supervisor, Water Quality Regional Operations Section at the address at the bottom. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up until a final certification is received. A Final Certification shall be a complete set of record drawings and design calculations regardless of whether partials have been submitted. PERMITTEE'S CERTIFICATION I,the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name,Title Signature Date ENGINEERS CERTIFICATION I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the Brown Building Renovation and Addition and location as referenced above for the above Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Resources' (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the_Fast- Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. :......................... .............. North Carolina Professional Engineer's Seal w/signature &date: ❑ Final ❑ Partial (include description) .........................................................................: Certification Comments/Qualifiers(attach if necessary): NC DWR-Water Quality Regional Operations Section 2090 US Hwy 70 Swannanoa, NC 28778 Asheville Regional Office Phone: (828)-296-4500 FAX:(828)-299-7043 PAT MCCRORY Governor DONALD R. 'VAN DER VAART Secretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director February 8, 2016 Tim Corpening City of Morganton PO Box 3448 Morganton,NC 28680 SUBJECT: Bioassay Compliance Inspection Catawba River Pollution Control Facility Permit No:NCO026573 Burke County Dear Mr. Corpening: Whole effluent samples were collected on January 12th and 14t', 2016 by Cheryl Benton with the City of Morganton and me for use in a chronic toxicity test. The test resulted in a pass. ,If you or your staff have any questions,please call me at 828-296-4500. Sincerely, Linda Wiggs Environmental Senior Specialist Asheville Regional Office cc: MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\Burke\Wastewater\Municipal\Morganton WWTP 26573\BCI.1-12-2016Ltr.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 828 296 4500 __ _ - _- .�\ ���1 �__ ��; /-���. � � `� � _ ___ PATMC RORY DONTIALD R,-,VAN DER VA ARIT WarerR lca r; esotwres ie e r 8. JAY Z�_? pAwiav Certified Mail#7014 0510 0000 4466 9144 - Return Receipt Requested February 08, 2016 Fred Baisden City of Saluda PO Box 248 Saluda,NC 28773-0248 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6) and Collection System Permit No. WQCSDO059 City of Saluda City of Saluda Collection System Case No.DV-2016-0007 Polk County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$2,497.19($2,250.00 civil penalty +$247.19 enforcement costs)against City of Saluda. This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow(SSO) 5-Day Report submitted by City of Saluda. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit No. WQCSDO059 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 City of Saluda violated the terms,conditions or requirements of Collection System Permit No. WQCSDO059 and G.S. 143-215.l(a)(1)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 Environmental Quality and the Director of the Division of Water Resources,l, G.Landon Davidson, P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against City of Saluda: State of North Carolina Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 $1,250.00 For 1 of the 1 violations of Collection System Permit No. WQCSD0059 for discharge�. permit. $1,000.00 For 1 of the 1 violations of Collection System Permit No.WQCSD0059 for late reporting. $2,250.00 TOTAL CIVIL PENALTY $247.19 Enforcement Costs $2,497.19 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; _ (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty(30) days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality(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: Steven Lewis PERCS Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 amit a written request for remission or mitigation including a detailed justification for such ,e be aware that a request for remission is limited to consideration of the five factors listed below as they may .;late to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted,and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for-further appeal of the penalty to the Environmental Management Commission's Committee on Civil-Penalty Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission you must complete and submit the enclosed"Request for Remission of Civil Penalties Waiver of Right to an Administrative Hearing and Stipulation of Facts"form within thirty(30)dUs of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Steven Lewis PERCS Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 AND G.Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDEQ 2090 U.S. 70 Highway Swannanoa,NC 28778 - Option 3: File a petition for an administrative hearing with the Office of Administrative Hearink. If you wish to contest any statement in the attached assessment document you must file a petition for an admint, hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petitio:, 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 feeds required by NCGS §15013-23.2)is received in the Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding_ the filing fee and/or the details of the filing process. ,. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)733-2698 Fax: (919) 733-3478 One(1)copy of the petition must also be served on DEQ as follows: Mr. Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,North Carolina 27699-1601 r `1 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. If you have any questions,please contact G.Landon Davidson with the Division of Water Resources staff of the Asheville Regional Office at(828)296-4500 or via email at landon.davidson@ncdenr.gov. Sincerely, G.Landon Davidson,P.G.,Regional Supervisor Water,Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office-Enforcement File NPDES Compliance/Enforcement Unit-Enforcement File PERCS Unit G:\WR\WQ\Polk\Collection Systems\Saluda WQCSD0059\DV-2016-0007.rtf JUSTIFICATION FOR REMISSION REQUEST .8umber: DV-2016-0007 County: Polk _ssessed Party: City of Saluda Permit No.: WQCSDO059 Amount Assessed: $2,497.19 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation,including copies of supporting documents, as to why the factor applies(attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.l(b)were wrongfully applied to the detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the steps that you took to correct the violation and prevent future occurrences); \ (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUA, COUNTY OF POLK IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS City of Saluda ) City of Saluda Collection System ) PERMIT NO. WQCSDO059 ) CASE NO. DV-2016-0007 Having been assessed civil penalties totaling$2,497.19 for violation(s) as set forth in the assessment document of the Division of Water Resources dated February 8,2016,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the notice of assessment. This the day of ,20 SIGNATURE ADDRESS TELEPHONE a w a o Z w E O � g ( Q O _ Q � Z O 3 z uw 0 F F O N > rn _Y O 0. H Z O U - n 0 0 0 m H � N Z O F~ U W Q j m a z w N ca c Q U O O z L m � � m U r 'O w N � w � O O w O U `m Q � HLU t� J Q U U) 3 U. a) r 0 > U O C7 10 z F o0 O O f a CD w p cr O w O F � J O z N w N W O a N a PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director February 9, 2016 Tim Corpening City of Morganton PO Box 3448 Morganton,NC 28680 SUBJECT: Compliance Sampling Inspection Catawba River Pollution Control Facility Permit No:NCO026573 Burke County Dear Mr. Corpening: Enclosed please find a copy of the Compliance Sampling Inspection form and the Laboratory Report from the inspection conducted on January 12, 2016. This inspection was conducted in concert with a Toxicity sampling event on January 12 & 14, 2016. The facility and sample results appeared to be in compliance with permit NCO026573. "The upgrades and repairs appeared to be on track; the interim aeration system is in place and functioning. The efforts of the facility staff during this inspection, as well as the overall daily challenges this aged infrastructure demands, are appreciated. 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, Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enc. Inspection Report Lab Report cc`. MSC 1617-Central Files-Basement Asheville Files 1:\WR\WQ\Burke\Wastewater\Municipal\Morganton WWTP 26573\CSI:Jan2016.Ltr.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 828 296 4500 �� ��, �i ���� ��:;-� United States Environmental Protection Agency Form Approved. Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 215 1 3 I NCO026573 I11 12 16/01/12 17 18 I ej 19' C I 20L J 21I _I1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 L 1 1 1 f 6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -----------Reserved------------ 671 70 LJ I 71 Lj 72 LNJ 73I I 174 751 ( 1 1 I ( 1 180 Section B:Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:00AM 16/01/12 11/04/01 Catawba River Pollution Control Facility 1000 Vine Arden Rd Exit Time/Date Permit Expiration Date Morganton NC 28680 11:00AM 16/01/12 15/02/28 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Tim Corpening,PO Box 3448 Morganton NC 28680//828-438-5375/8284338593 Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) ® Flow Measurement ® Operations&Maintenance ® Facility Site Review Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Linda S Vviggs r ARO WQ//828-296-4500 Ext.4653/ Signature of merit 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.) 3 NCO026573 �11 12 16ro1/12 17 18 ISI LJ \ Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) \ Upgrades and repairs are on schedule. Many have been completed-, Primary#1 clarifier has been upgraded, new influent flow meter,the chlorine contact chamber has been resurfaced and new sludge pumps installed. Morganton and all of the operations staff associated with this WWTP and collections system are to be commended, the amount of resources they have put into this WWTP facility shows a commitment to water quality. It is an aged facility/lines and it seems every time something is fixed, something else breaks. It is an ongoing challenge and they are rising to this challenge. Since the pure oxygen system is no longer reliable and liquid 02 is being trucked in, the City installed 4 surface aerators in the EQ basin as an interim means of addressing the aeration needs of the facility. The City continues to work with Freese and Nichols on the long term resolution. Toxicity and TSS and Metals samples were split with facility. Toxicity was a Pass. TSS 6.2 mg/I The Metals Final Report is in the facility file and enclosed in the report. Page# 2 termit; NCO026573 Owner-Facility: Catawba River Pollution Control Facility ection Date; 01/12/2016 Inspection Type: Compliance Sampling Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable ® ❑ ❑ ❑ Solids, pH, DO, Sludge Judge,and other that are applicable? Comment: Process control program is excellent. Flow Measurement- Influent Yes No NA NE #Is flow meter used for reporting? ® ❑ ❑ ❑ Is flow meter calibrated annually? ® ❑ ❑ ❑ Is the flow meter operational? ® ❑ ❑ ❑ (If units are separated)Does the chart recorder match the flow meter? ® ❑ ❑ ❑ Comment: Primary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ® ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ® ❑ ❑ ❑ Are weirs level? ® ❑ ❑ ❑ Is the site free of weir blockage? ® ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ® ❑ ❑ ❑ Is scum removal adequate? ® ❑ ❑ ❑ Is the site free of excessive floating sludge? ® ❑ ❑ ❑ Is the drive unit operational? ® ❑ ❑ ❑ Is the sludge blanket level acceptable? ® ❑ ❑ ❑ Is the sludge blanket level acceptable?(Approximately%4 of the sidewall depth) ® ❑ ❑ Comment: Primary 1 has been upgraded as scheduled. However, Primary 1 was down at the time of the inspection; a drain valve has to be replaced.. Primary 2 is scheduled to come oftline early 2016 for upgrades. Equalization Basins Yes No NA NE Is the basin aerated? ® ❑ ❑ ❑ Is the basin free of bypass lines or structures to the natural environment? ® ❑ ❑ ❑ Is the basin free of excessive grease? ® ❑ ❑ ❑ Are all pumps present? ® ❑ ❑ ❑ Are all pumps operable? ® ❑ ❑ ❑ Are float controls operable? ® ❑ ❑ ❑ Page# 3 A Permit: NC0026573 Owner-Facility: Catawba River Pollution Control Facility Inspection Date: 01/12/2016 Inspection Type: Compliance Sampling \' Equalization Basins Yes No NA NE Are audible and visual alarms operable? ® ❑ ❑ ❑ #Is basin size/volume adequate? ® ❑ ❑ ❑ Comment: The EQ basin has all new components for operation as an aeration basin. Four surface aerators(and appenditures)are now in operation. Pumps-RASMAS Yes No NA NE Are pumps in place? ® ❑ ❑ ❑ Are pumps operational? ® ❑ ❑ ❑ Are there adequate spare parts and supplies on site? ® ❑ ❑ ❑ Comment: There are 4 new double disk sludge pumps. Page# 4 M DWR WaterSciences Section-Chemistry Gadoratory Results Sample ID: AC25685 PO Number# 16W0254 Date Received: 01/15/2016 WIGGS _a. > } r, Time Received: 08:46 a Labworks,LoginlD TASCENZ01 ARO "DMS10ft©f Water Resources Final Report Date: 2/1/16 ✓latrix: WASTEWATER Report Print Date: 02/05/2016 ,iype: EFFLUENT Final Repof�t _mergency Yes/No VisitlD a ° COC Yes/No Loc.Descr.: MORGANTON CATAWBA RIVER WWTP Location ID: N00026573 Collect Date: 01/12/2016 Collect Time: 09:00 Sample Depth NA if this report is labeled preliminary report, the results have not been validated, Do not use for Regulatory purposes. CAS# Analyte Name pQL Result/ Units Method Analysis Validated by Qualifier Reference Date _AB Sample temperature at receipt by lab 2.3 °C 1/15116 MSWIFT VIET - '440-22-4 Ag by ICPMS 1.0 1.0 U ug/L EPA 200.8 1/28/16 ESTAFFORD1 '429-90-5 Al by ICP 50 150 ug/L EPA 200.7 1/26/16 ESTAFFORDI '440-36-0 Antimony by ICPMS 10 16 ug/L EPA 200.8 1/28/16 ESTAFFORDI '440-30-2 t �c ^ r. r.e� urn. ERA 200.8 1128116 ESIAFFORDI As by 11CPMS 2.V.; � '440-38-3 Ba by ICP 10 IOU ug/L EPA 200.7 1/26/16 ESTAFFOR51 '440-41-7 Be by ICP 5.0 6.0 U ug/L EPA 200.7 1/26/16 ESTAFFORDI '440-70-2 Ca by ICP 0.10 14 mg/L EPA 200.7 1/26/16 ESTAFFORDI '4 9 Cd by ICPMS 0.50 0.50 U ug/L EPA 200.8 1/28/16 ESTAFFORDI 440-48-4 Cobalt by ICP 50 50 U ug/L EPA 200.7 1/26/16 ESTAFFORDI '440-47-3 Cr by ICPMS 5.0 6.0 U ug/L EPA 200.8 1/28/16 ESTAFFOR51 '440-50-8 Cu by ICPMS 2.0 13 ug/L EPA 200.8, 1128/16 ESTAFFORDI '439-89-6 Fe by ICP 50 240 ug/L EPA 200.7 1/26/16 ESTAFFORDI 439-97-6 Hg 245.1 0.2 0.20 U ug/L EPA245.1 1/28/16 ESTAFFORDI '440-09-7 K by ICP 0.10 16 mg/L EPA 200.7 1/26/16 ESTAFFOR51 439-93-2 Li ICP 25 25 U ug/L EPA 200.7 1/26/16 ESTAFFORDI 439-95-4 Mg by ICP 0.10 3.0 mg/L EPA 200.7 1/26/16 ESTAFFORDI 439-96-5 Mn by ICP 10 95 ug/L EPA 200.7 1/26/16 ESTAFFORDI 439-98-7 Mo by ICPMS 10 IOU ug/L EPA 200.8 1/28116 ESTAFFORD1 440-23-5 Na by ICP 0:10 47 mg/L EPA 200.7 1/26/16 ESTAFFORDI 440-02-0 Ni by ICPMS 2.0 2.0 U ug/L EPA 200.8 1/28/16 ESTAFFOR51 439-92-1 Pb by ICPMS 2.0 2.0 U ug/L EPA 200.8 1/28/16 ESTAFFORDI 782-49-2 Se by ICPMS 1.0 1.0 U ug/L EPA 200.8 1/28/16 ESTAFFORDI 440-31-5 Sn by ICPMS 10 IOU ug/L EPA 200.8 1/28/16 ESTAFFORD1 440-24-6 Sr by ICPMS 10 32 ug/L EPA 200.8 1/28116 ESTAFFORDI 440-28-0 Thallium (TI) ICPMS 2.0 2.0 U ug/L EPA 200.8 1/28/16 ESTAFFORDI 440-32-6 Ti (Titanium) by ICP 10 IOU ug/L EPA 200.7 1/26116 ESTAFFORDI 440-62-2 V by ICP 10 10 U ug/L EPA 200.7 1/26/16 ESTAFFORDI 44 5 Zn by ICPMS 10 47 ug/L EPA200.8 1/28116 ESTAFFORDI WSS Chemistry Laboratory»1623 Mail Service Center,Raleigh,-NC 27699-1623 (919)733-3908 For a detailed description of the oualifier codes refer to Chttn://Dortal.ncdenr.orv-/web/wa/oDs/methods-and-Dols> Page 1 of 1 �. ��. i �� i �� XC DWR WaterSciences Section-Chemistry Laboratory 12esufts Sample ID: AC25634 A PO Number# ARO Date Received: 01/13/2016 WIGGS Time Received: 07:30 - j Labworks LoginlD KJIMISON2 ARO DMI046n Of WaiteF Orrrces Final Report Date: 1/29/16 .rlatrix: WASTEWATER Report Print Date: 02/05/2016 fype: EFFLUENT Final Report _mergency Yes/No VisitlD COC Yes/No Loc.Descr.: MORGANTON CATAWBA RIVER WWTP Location ID: NCO026573 Collect bate: 01112/2016 Collect Time: 09:00 Sample Depth NA If this report is labeled preliminary report, the results have not been validated. Do not use for Regulatory purposes, CAS# Analyte Name PQL Result/ Units Method Analysis Validated by Qualifier Reference Date Others Sample temperature at receipt by lab 3.6 °c 1/13/16 RBYRD Residue Suspended In liquid 6.2 9 mg/L APHA2540D-20th 1/15/16 ESTAFFORDI WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 Fore detailed description of the qualifier codes refer to<htta://Doital.nedenr.orv-/web/wo/oDs/methods-and--oals> Page 1 of 1 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary er Resources xONMENTAL QUALITY S. JAY ZIMMERMAN Director February 9, 2016 DWR# 15-0757 Haywood County Daniel H. Fowler, President Glens of Iron Duff Property Owners Association 181 Coyote Trail Waynesville, North Carolina 28785 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Glens of Iron Duff Stream Stabilization Project Dear Mr.Fowler: You have our approval for the impacts listed below for the purpose described in your application received August 13, 2015, and additional information received January 28, 2015. These impacts are covered by the attached Water Quality General Certification Number 3885 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Number 13 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by(but not limited to) Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certifications) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] State of North Carolina Environmental Quality I Water Resources 2090 U.S.Hwy.70 1 Swannanoa,North Carolina 28778 828 296 4500 Glens of Iron Duff Stream Stabilizatic, DWR#15�, 401 Appro� Page 2 of\ Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Streams _ Impact S1 40 linear feet 2. This approval is for the purpose and design described in your application.The plans and - specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project,you must notify the Division and you'may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certifications)and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. The designer or his designee shall supervise the installation of in-stream structures. [15A NCAC 02H .0506(b)(2)] 4. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly after storm events) and vegetation is successful Any failures of structures, streambanks, or vegetation may require future repairs or replacement,which requires coordination with the Asheville Regional Office to ensure the stability and water quality of the stream and downstream waters. [15A NCAC 02H .0506(b)(2) and (b)(3)] 5. The permittee shall ensure that mature trees within the buffer areas will be protected as much as feasible during the construction of this project. [15A NCAC 02H .0506(b)(2)] 6. Native vegetation shall be used throughout this project. All tree and shrub plantings within the proposed planting buffer on both sides of the stream-shall be protected from mowing or clearing. [15A NCAC 02H .0506(b)(2)] 7. Water shall not be released into any new channels until the stream and banks are stabilized. [15A NCAC 02H .0506(b)(3)] 8. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)] 9. All mechanized equipment operated near surface waters or wetlands will be regularly ' inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a Glens of Iron Duff Stream Stabilization Project DWR#15-0757 401 Approva l Page 3 of 4 hydrocarbon or chemical spill,the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Asheville Regional Office at 828.296.4500 and after hours and on weekends call (800)858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 0213 .0200 (3)(f), and GS 143 Article 21A] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919)431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919)431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service(UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Glens of Iron Duff Stream Stabilizati,, DWR#1 401 Appro, Page 4 of 4, This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Kevin Barnett at 828-296-4657 or kevin.barnett@ncdenr.gov if you have any questions or concerns. Sincerely, Zan Price, P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3885 Certificate of Completion cc: Randy Best— Randy best Excavating, Inc (via email) David Brown — USACE Asheville Regulatory Field Office (via email) Andrea Leslie-NCWRC(via email) Stan Aiken—Division of Energy, Mineral, and Land Resources (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit G:\WR\WQ\Haywood\401s\Non-DOT\GIensOfl ron Duff\AP RVL.G le nsofl ro n Duff.02092016.docx EAT>MCCRIOR.Y D'O!q A<LD R� VAS' DER Y'A k.RT Darwv February 9, 2016 Property Owners Association Linville Falls Club Property Association Inc 45 Blue Ridge Drive, Suite A Marion, NC 28752 _ SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-LV-0086 Permit No. NCO080098 Linville Falls Mountain Club and Preserve WWTP McDowell County Dear Permittee: A review of the September 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Flow, in conduit or thru 9/30/2015 0.025 0.8709 Monthly Average Exceeded treatment plant(50050) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. Compliance on the 09/2015 eDMR was incorrectly marked as"Compliant." Please review the Flows for the September 2015 DMR and submit a written response within 10 days of receipt of this letter to this Office explaining why the Monthly Average Flow for Linville Falls Mountain Club exceeded the 'mit limit by 3,383 %. State of North Carolina Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File James &James Environmental/ ORC GrWR\tnlQ`\McDovaelllwastenater`:f i(rors�Ljnviile Falls Slue Ridge County Club 30098\N0V2016-LV-0086.E PAT CO .OR O AL D, R. A PP- VA4Rt February 9, 2016 Robert Crummie Mizpah Healthcare Inc PO Box 999 Mountain Home, NC 28758-0999 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-LV-0085 Permit No. NCO074110 Mountain View Assisted Living WWTP Henderson County Dear Permittee: A review of the September 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 9/3/2015 7.5 8.65 Daily Maximum Exceeded Concentration (C0310) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. The Compliance box on the reverse of the DMR was incorrectly marked as"Compliant." State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778. 828-296-4500 If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supe r Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File James &James Environmental/ ORC G:iWR;JVQ,Henderson\wastewater'•;Mincrs\MoLintain View Fssisted Livi3�g 741',O\NOV-2016-LV-00S5.,:,f PAT 1 Ial� P�.y AA Certified Mail # 7014 0510 0000.4466 1063 Return Receipt Requested February 9, 2016 Robert Crummie Mizpah Healthcare Inc PO Box 999 Mountain Home, NC 28758-0999 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LM-0012 Permit No. N00074110 Mountain View Assisted Living Henderson County Dear Permittee: A review of the October 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: It was also noted that the DMR should have been marked Non-Compliant with an explanation for the violations. Limit Exceedance Violation(s): - Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD, 5-Day(20 Deg. C) - 10/20/2015 7.5 16.2 Daily Maximum Exceeded Concentration(C0310) 001 Effluent BOD, 5-Day(20 Deg. C) - 10/31/2015 5 7.84 Monthly Average Exceeded Concentration (C0310) 001 Effluent Flow, in conduit or thru 10/31/2015 0.005 0.0067 Monthly Average Exceeded treatment plant(50050) Monitoring Violation(s): Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Chlorine,Total Residual (50060) 10/3/2015 2 X week Frequency Violation State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Caro,, Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty o,1 more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or r, to act in accordance with the terms,conditions, or requirements of any permit issued pursuant to G.S. 143-215.1.. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be rogUirori VArithin r, riayc if Hiroricd by fli�ricinn staff. Print nntire Shr�iilri be niyan for antirinatari nr �. �. ..+u .a n aan�.a.a.a,,, v.. W ...r.......-.... potential problems due to planned maintenance activities, taking units off-line, etc. Additionally and if you have not already done so, you may wish to consider registering to use the Division's new e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs). For more information, please visit the eDMR Website at the following address: http://portal ncdenr o[g/web/wq/"admin/bog/ipu/edmr If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit Enforcement File James &James Environmental/ ORC G:;wR\WQ\Hendersontwastewater\Minors\Mountain View!assisted Living 741101N0V-N01-2015-LM-0012.rtr J PAT MCCRORY ® Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN ✓aterResources Director .NVIRONMENTAL QUALITY February 10, 2016 Mr. Harold P. McKinney 1351 Dairy Road Nebo,North Carolina 28761 SUBJECT: 2015 Compliance Inspection Follow Up Harold P. McKinney Dairy Farm Permit No: AWC590004 McDowell County Dear Mr. McKinney: Enclosed please find a copy of the Inspection Report from the follow up inspection conducted on January 27, 2016. You indicated that you intend to request rescission of your permit as you are operating under threshold. Please =be advised that if the permit is rescinded you will still be required to do the following: 1. Keep freeboard and land application records. 2. Apply waste at agronomic rates. 3. Prevent any discharge to surface waters. Please refer to the enclosed inspection report for additional observations and comments. If you should have any questions,please do not hesitate to contact me at 828-296-4685. Sincerely, 6 Beverly Price Environmental Senior Specialist Enc. cc: Asheville Files G:\WR\WQ\McDowell\CAF0s\Harold P.McKinney Dairy\CI15 Follow Up letter.docx - State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 828 296 4500 �\ ,\ ��.� - ,,�i ® Division of Water Resources E Division of Soil and Water Conservation Other Agency Facility Number: 590004 Facility Status: Active Permit: AWC590004 Denied Access Inpsection Type: Compliance Inspection Inactive Or Closed Date: Reason for visit: Follow-up County: McDowell Region: Asheville Date of Visit: 01/27/2016 Entry Time`. 09:30 am Exit Time: 10:30 am Incident# Farm Name: Harold P.McKinney Dairy Farm Owner Email: Owner: Harold P McKinney Phone: 828-652-6168 Mailing Address: 1351 Dairy Dr Nebo NC 287619726 Physical Address: 1351 Dairy Rd Nebo NC 28761 Facility Status: ■Compliant Not Compliant Integrator: Location of Farm: Latitude: 35'36'00" Longitude: 81°51'00" Go south on Hwy 226 from Marion to Dairy Road(SR 1771)near Dysartsville. Dairy Rd.turns from pavement to dirt then back to pavement. Farm is located on the left approximately 1.5 miles down Dairy Rd. - Question Areas: Certified Operator: Harold P McKinney Operator Certification Number: 21352 Secondary OIC(s): On-Site Representative(s): Name Title Phone On-site representative Harold McKinney Phone Primary Inspector: Beverly Price Phone: ' Inspector Signature: / Date: z Secondary Inspector(s): Inspection Summary: page: 1 Permit: AWC590004 Owner-Facility: Harold P McKinney Facility Number: 590004 Inspection Date: 01/27/16 Inpsection Type: Compliance Inspection Reason for Visit: Follow-up This inspection was a follow up to the November 2015 inspection. The June 2015 SLUR-2 Forms were completed and appeared to be correct. The latest version of the WUP still does not appear to be correct with regard to Tract 399(Fields#1 &#5). The application table shows irrigation but Mr.McKinney has indicated that it should be broadcast. Mr.McKinney has met with McDowell Co.Soil& Water concerning his WUP. Mr.McKinney will be asking for rescission of his permit as he is below threshold. This farm has been under 100 head(confined milking&contributing waste to the ponds)for at least the last four years(2015,2014,2013,2012)based upon the information provided at the time of inspection. However,his TOTAL herd is sometimes above 100 cows. The pasture adjacent to the confinement area is partially denuded but Mr.McKinney indicated that never,at any time are there 100 or more cows in this area of the pasture.Based on the information provided,the permit can be rescinded. Even if the permit is rescinded,you will still be required to do the following: 1.Keep freeboard and land application records. 2.Apply waste at agronomic rates. 3.Prevent any discharge to surface waters. page: 2 ,it: AWC590004 Owner-Facility: Harold P McKinney Facility Number: 590004 o Date: 01/27/16 Inpsection Type: Compliance Inspection Reason for Visit: Follow-up .aste Structures Disignated Observed Type Identifier Closed Date Start Date Freeboard Freeboard Waste Pond LIQUID POND 37.20 Waste Pond SLURRY POND 19.20 page: 3 � � �i ��.,� ��� PAT''1 CCRORY DONAILD R_ AN- DES VIA DIRT ir�atd~���crr.�avc�s February 10, 2016 Marisue Hilliard, Forest Supervisor USDA U S Forest Service PO Box 2750 Asheville, NC 28802-2750 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-LV-0087 Permit No. NCO020460 Sliding Rock Recreation Area WWTP Transylvania County Ljear Permittee: A review of the August 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Flow, in conduit or thru 8/31/2015 0.005 0.006 Monthly Average Exceeded treatment plant(50050) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. It was noted that the DMR was marked "Compliant." Please review the flows for the August 2015 DMR and submit a written response within 10 days of receipt of this letter to this Office explaining why the Monthly Average Flow exceeded the permit limit by 20%. State of North Carolina Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regioa Office at 828-296-4500. Sincerely, G. Landon Davidson,P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File James Marries Environmental/ ORC G:`•,ynrR`,U:Q,Transylvani=1•'lastovaatcrt;inors?Slitifig Rock 204601,N0V-2015-LV-OOE7Af PAT MPPRPRT bGX,A1L1) R ,VrAN DER IV` RT s�flv February 10, 2016 Ranita Chapman White Oak Manor 188 Oscar Justice Rd Rutherfordton,NC 28139 SUBJECT: Compliance Evaluation Inspection White Oak Manor WWTP Permit No: NCO030139 Rutherford County Dear Ms. Chapman: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on February 9, 2016. The - aCiiiiy appeared well 111Q'111LQ111Gd and operated Qlld was lolAlld LV Ue 111 L�lllpl1a11ce with 1 pe1111It iNC003v139 fur the White Oak Manor Wastewater Treatment Plant. The following additional items were noted during the inspection. • The ORC noted that during large rain events, it is suspected that rainwater is entering the collection system and may be disrupting treatment at the plant. Consider identifying and eliminating the pathway by which this is occurring. Please refer to the enclosed inspection report for additional observations and comments. The assistance provided by Jacob Hodge, ORC and Mike Pcenicni during the inspection was greatly appreciated. If you or your staff have any questions,please call me at 828-296-4500. Sincerely, Tim Heim,P.E. Environmental Engineer Enc. cc: Jacob Hodge, ORC—WQ Lab &Operations MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\Rutherford\Wastewater\Minors\White Oak Manor 30139\CEI letter 02-09-2016.doc State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 \\\ �\ �t �,..i. United States Environmental Protection Agency Form Approved. ` 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/molday Inspection Type Inspector Fac Type 1 IN 1 2 LJ 3 ( N00030139 111 12 16/02/09 17 18('-1 19 1 G 20 21111111111111111111111111111111111111111111 f6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -- — —Reserved-------- 67 70 71 I I 72 L N 73 I� ' I74 751 1 1 1 1 1 I 180 Section B:Facility Data LJ 1 Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number} 10:OOAM 16/02/09 13/12/01 White Oak Manor-Rutherfordton 188 Oscar Justice Rd Exit Time/Date Permit Expiration Date Rutherfordton NC 28139 12:00PM 16/02/09 18/07/31 Name(s)of Onsite Representative(s)lfitles(s)/Phone and Fax Number(s) Other Facility Data H/ — Jacob William i-lodge/ORC/828-248-52 i 7/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted William David Cable,PO Box 1167 Banner Elk NC 286041167//828-898-6277/ No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) ® Flow Measurement ® Operations&Maintenance ® Records/Reports ® Facility Site Review ® Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Timothy H Heim ARO WQ//828-296.4665/ ff Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1', 3� NCO030139 �11 12 16/02/09 17 18 1C, � Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Tim Heim of the Asheville Regional Office performed a Compliance Evaluation Inspection on February 9th, 2016. Jacob Hodge(ORC) and Mike Pcenicni of White Oak Manor were present during the inspection. The WWTP was well maintained and appeared to be in compliance at the time of the inspection. Page# 2 Permit: NCO030139 Owner-Facility: White Oak Manor-Rutherfordton ,,ection Date: 02/09/2016 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? ® ❑ ❑ ❑ Are surface aerators and mixers operational? ® ❑ ❑ ❑ Are the diffusers operational? ® ❑ ❑ ❑ Is the foam the proper color for the treatment process? ® ❑ ❑ ❑ Does the foam cover less than 25%of the basin's surface? ® ❑ ❑ ❑ Is the DO level acceptable? ❑ ❑ ❑ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ Comment: Secondary Clarifier Yes No NA NE is the clarifier free of black and odorous wastewater! ® ❑ ❑ ❑ - Is the site free of excessive buildup of solids in center well of circular clarifier? ® ❑ ❑ ❑ Are weirs level? ® ❑ ❑ ❑ Is the site free of weir blockage? ® ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ® ❑ ❑ ❑ Is scum removal adequate? ® ❑ ❑ ❑ Is the site free of excessive floating sludge? ® ❑ ❑ ❑ Is the drive unit operational? ❑ ❑ ® ❑ Is the return rate acceptable(low turbulence)? ® ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ® ❑ ❑ ❑ Is the sludge blanket level acceptable?(Approximately%4 of the sidewall depth) ❑ ❑ ❑ Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ® ❑ ❑ ❑ Are the tablets the proper size and type? ® ❑ ❑ ❑ Number of tubes in use? 2 Is the level of chlorine residual acceptable? ❑ ❑ ❑ Is the contact chamber free of growth, or sludge buildup? ® ❑ ❑ ❑ Is there chlorine residual prior to de-chlorination? ❑ ❑ ❑ Comment: Page# 3 Permit: N00030139 Owner-Facility: White Oak Manor-Rutherfordton Inspection Date: 02/09/2016 Inspection Type: Compliance Evaluation Disinfection-Tablet Yes No NA NE Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® ❑ ❑ ❑ Does the facility analyze process control parameters,for ex:MLSS, MCRT, Settleable ® ❑ ❑ ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: � a Page# 4 PAT:�h+I C .,.ply ,�rasrr �' rl L"W k ADER VA A,F,T tr° s> rs >ltr February 10, 2016 Rob Duckett, General Manager Mountaintop Community Association Inc PO Box 2126 Cashiers, NC 28717 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-MV-0018 Permit No. WQ0028693 _ Mountaintop Golf& Lake Club WWTF Reclaimed Water Generation and Non- Conjunctive Utilization System Jackson County --dar Permittee: A review of the October 2015 Non-Discharge Monitoring Report (NDMR)for the subject facility revealed the violation indicated below: Monitoring Violation(s): Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Flow, in conduit or thru treatment 10/31/2015 Continuous Frequency Violation plant(50050) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. State of North Carolina Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you have any questions concerning this matter, please contact Beverly Price of the Asheville Regr' 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: Bob Barr, RPB Systems WQS Asheville Regional Office - Enforcement File Non-Discharge Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\Jackson\Wastewater\Non-discharge\MountainTop Reuse\N0V-2016-MV-0018.rtf PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary ,cResources JNMENTAL QUALITY - S. JAY ZIMMERMAN Director February 10, 2016 DWR# 16-0012 Buncombe County Leslie Carreiro, Division Manager Water Production/Water Quality City of Asheville - PO Box 7148 Asheville, North Carolina 28802 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Bee Tree Creek Slope Stabilization Dear Ms. Carreiro: You have our approval for the impacts listed below for the purpose described in your application dated December 28,2015, and received by the Division of Water Resources (Division) on December 31, 2015, with additional information received February 9, 2016. These impacts are covered by the attached Water Quality General Certification Number 3885 and the additional conditions Fisted below. This certification is associated with the use of Nationwide Permit Number 13 once it is issued to you by the U.S.Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions Fisted in the enclosed certifications) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70 1 Swannanoa,North Carolina 28778 828 296 4500 Bee Tree Creek Slope S DWR#i, 401 ApprL Page 2 of ` Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Streams Impact S1 10 linear feet Impact S2 50 linear feet 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project,you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification(s) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. The designer or his designee shall supervise the installation of in-stream structures. [15A NCAC 02H .0506(b)(2)] 4. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or two bankfull events(whichever is longer), and then ` annually until the site is stable (particularly after storm events) and vegetation is successful. Any failures of structures, streambanks, or vegetation may require future repairs or replacement, which requires coordination with the Asheville Regional Office to ensure the stability and water quality of the stream and downstream waters. [15A NCAC 02H .0506(b)(2) and (b)(3)] 5. The permittee shall ensure that mature trees within the buffer areas will be protected as much as feasible during the construction of this project. [15A NCAC 02H .0506(b)(2)] 6. Native vegetation shall be used throughout this project. All tree and shrub plantings within the proposed planting buffer on both sides of the stream shall be protected from mowing or clearing. [15A NCAC 02H .0506(b)(2)] 7. Fueling, Lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)] 8. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a r hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Asheville Regional Bee Tree Creek Slope Stabilization DWR#16-0012 401 Approval Page 3 of 4 Office at 828.296.4500 and after hours and on weekends call (800)858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 026 .0200 (3)(f), and GS 143 Article 21A] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm,excluding official state holidays). The petition may be faxed to the OAH at (919)431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS., FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Bee Tree Creek Slope St., DWR#1�. 401 Appro� Page 4 of 4,, This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Zan Price at 828-296-4662 or zan.price@ncdenr.gov if you have any questions or concerns. Sincerely, Z an Price, P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3885 Certificate of Completion cc: John Vilas— McGill Associates (via email) William Elliot-USACE Asheville Regulatory Field Office (via email) Andrea Leslie-NCWRC (via email) Stan Aiken—Division of Energy, Mineral, and Land Resources (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit G:\WR\WQ\Buncombe\401s\Non-DOT\Bee Tree Creek Slope Stabilization\APRVL.Bee Tree Slope Stabilization.docx PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary erResources S. JAY ZIMMERMAN .40NMENTAL QUALITY Director February 10, 2016 DWR# 16-0036 Jackson County Nancy R. Ross 1265 Bay Shore Drive Englewood, FL 34223 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Ross—236 Woods Mountain Trail Lake Glenville Dear Ms. Ross: In accordance with your application dated December 31, 2015, approval has been granted for the impacts listed in the table below. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and any additional conditions listed below. Project impacts are covered by the attached Water Quality General Certification Number 3898 and the conditions listed below. This certification is associated with the use of General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with your project, including those required by(but not limited to)Erosion and Sediment Control, Water Supply Watershed and Trout Buffer regulations. IMPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved Permanent Open Waters Above Pool Below Pool 0.0046 (acres) 0.0046 (acres) State of North Carolina Environmental Quality I Water Resources 2090 US Hwy 70 Swannanoa,North Carolina 28778 828 296 4500 ADDITIONAL CONDITIONS 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project,you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 2. All banks shall be laid back to at least a 2:1 (length : height) slope and riprap applied at the water/land interface (at full pool). Riprap shall be placed as a linear protective measure upon the regraded slopes. Stone used in stabilization shall be of a size and density sufficient to prevent movement by wave or current action and shall consist of clean rock or masonry material free of debris or toxic pollutants. The rip-rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. This authorization shall in no way be construed as allowing the installation of abulkhead or seawall. [15A NCAC 02H .0507 (c)] 3. Replant or allow the re-establishment of native vegetation in areas within the project boundary where it has been removed per Exhibit 1 of the Duke Shoreline Management Guidelines. 4. The permitee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c)and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 5. The proposed project must comply with the recommendations stated in the North Carolina Wildlife Resources Commission(NCWRC) comment letter dated January 29, 2016 (attached). Ross— 36 W`oods MounIIaa.n'.mail Page 3 This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty (60) calendar days. A petition form may be obtained from the OAH at http:/hvww.ncoah.com/or by calling the OAH Clerk's Office at(919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm,excluding official state holidays). The petition may be faxed to the OAH at(919) 431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service(UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam Hayes,,General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,NC 27699-1601 Ross —236 Nk`o JCS Monnt'- This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H.0500. Please contact Tim Fox at 828-296-4664 or tim.fox(a—)ncdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G., Regional Supervis Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3898 Certificate of Completion NCWRC letter dated January 29,2016 cc: DWR ARO 401 files ec: Kevin Holland—Duke Energy David Brown-USACE Asheville Regulatory Field Office Andrea Leslie NCWRC Stan Aiken—DEMLR Ashley Rodgers -DEMLR G:\WR\WQ\Jackson\401s\Non-DOT\Ross-236 Woods Mountail Trai1WPRVL.401Ross-236WoodsMountainTrail2-10-16.docx PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary .,Resources S. JAY ZIMMERMAN JNMENTAL QUALITY -. Director February 10, 2016 DWR# 16-0037 Jackson County Mark Papandreas 106 Sea Horse Lane Jupiter,FL 33477 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Papandreas—226 S Woods Mountain Trail - Lake Glenville Dear Mr. Papandreas: In accordance with your application dated December 1, 2015, approval has been granted for the impacts listed in the table below. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and any additional conditions listed below. Project impacts are covered by the attached Water Quality General Certification Number 3898 and the conditions listed below. This certification is associated with the use of General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with your project, including those required by (but not limited to)Erosion and Sediment Control,Water Supply Watershed and Trout Buffer regulations. IMPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved Permanent Open Waters Above Pool Below Pool 0.0046 (acres) 0.0046 (acres) A State of North Carolina I Environmental Quality I Water Resources 2090 US Hwy 701 Swannanoa,North Carolina 28778 828 296 4500 Paliandreas-.2126 S Woods moult' :. ! a ADDITIONAL CONDITIONS 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project,you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 2. All banks shall be laid back to at least a 2:1 (length : height) slope and riprap applied at the water/land interface (at full pool). Riprap shall be placed as a linear protective measure upon the regraded slopes. Stone used in stabilization shall be of a size and density sufficient to prevent movement by wave or current action and shall consist of clean rock or masonry material free of debris or toxic pollutants. The rip-rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall. [15A NCAC 02H .0507 (c)] 3. Replant or allow the re-establishment of native vegetation in areas within the project boundary where it has been removed per Exhibit 1 of the Duke Shoreline Management Guidelines. 4. The permitee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the. construction and maintenance of this project. [15A NCAC 02H .0507 (c)and 15A NCAC 02H .0506 (b)(2) and(c)(2)] 5. The proposed project must comply with the recommendations stated in the North Carolina Wildlife Resources Commission(NCWRC) comment letter dated January 29, 2016 (attached). Papa n r as—226 S �,�odds Mo iantuln ra l Pa—e 3 This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. A petition form may be obtained from the OAH at http://w-\vw.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm,excluding official state holidays). The petition may be faxed to the OAH at(919) 431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,NC 27699-1601 Pa andr€;as-`1-6 S Woods ,1u-1],.. This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H.0500. Please contact Tim Fox at 828-296-4664 or - tim.foxCncderingov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G., Region�SupisorWater Quality Regional Operation Asheville Regional Office Enclosures: GC 3898 Certificate of Completion NCWRC letter dated January 29, 2016 -' cc: DWR ARO 401 files ec: Hubert Bryson-Bryson Trucking Kevin Holland-Duke Energy David Brown-USACE Asheville Regulatory Field Office Andrea Leslie -NCWRC Stan Aiken DEMLR Ashley Rodgers -DEMLR G:\WR\WQVackson\401s\Non-DOT\Papandreas-226s Woods Mountain Trail\APRVL.401Papandreas-2265WoodsMountainTrail2-10-16.docx PAT;MCCRO Y17 row w D"0XA D.R.: NFAIN' DERV VA ART S N AN �ir�.tai< February 10, 2016 Kathleen A. Drysdale NC Asset Mgnt LLC' 12502 Carriage Hill Drive Houston, TX 77077 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-MV-0019 Permit No. WQ0033804 Deerborne Cottages Wastewater Irrigation System Buncombe County Dear Permittee: A review of the November 2015 Non-Discharge Monitoring Report (NDMR) for the subject facility revealed the violation(s) indicated below: Monitoring Violation(s): Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Turbidity, HCH Turbidimiter (00076) 11/1/2015 Continuous Frequency Violation 001 Turbidity, HCH Turbidimiter (00076) 11/2/2015 Continuous Frequency Violation 001 Turbidity, HCH Turbidimiter (00076) 11/3/2015 Continuous Frequency Violation 001 Turbidity, HCH Turbidimiter (00076) 11/4/2015 Continuous Frequency Violation 001 Turbidity, HCH Turbidimiter (00076) 11/6/2015 Continuous Frequency Violation 001 Turbidity, HCH Turbidimiter (00076) 11/7/2015 Continuous Frequency Violation 001 Turbidity, HCH Turbidimiter (00076) 11/8/2015 Continuous Frequency Violation 001 Turbidity, HCH Turbidimiter (00076) 11/9/2015 Continuous Frequency Violation 001 Turbidity, HCH Turbidimiter (00076)11/10/2015 Continuous Frequency Violation 001 Turbidity, HCH Turbidimiter (00076)11/11/2015 Continuous Frequency Violation 001 Turbidity, HCH Turbidimiter (00076)11/13/2015 Continuous Frequency Violation State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 Monitoring Violation(s): Sample Monitoring Location Parameter Date Frequency Type of Violation \,\ 001 Turbidity,HCH Turbidimiter (00076)11/14/2015 Continuous Frequency Violation \ 001 Turbidity, HCH Turbidimiter (00076)11/15/2015 Continuous Frequency Violation 001 Turbidity, HCH Turbidimiter (00076)11/16/2015 Continuous Frequency Violation 001 Turbidity, HCH Turbidimiter (00076)11/17/2015 Continuous Frequency Violation 001 Turbidity, HCH Turbidimiter (00076)11/18/2015 Continuous Frequency Violation 001 Turbidity, HCH Turbidimiter (00076)11/19/2015 Continuous Frequency Violation 001 Turbidity, HCH Turbidimiter (00076)11/21/2015 Continuous Frequency Violation 001 Turbidity, HCH Turbidimiter (00076)11/22/2015 Continuous Frequency Violation 001 Turbidity, HCH Turbidimiter (00076)11/23/2015 Continuous Frequency Violation 001 Turbidity, HCH Turbidimiter (00076)11/24/2015 Continuous Frequency Violation 001 Turbidity, HCH Turbidimiter (00076)11/25/2015 Continuous Frequency Violation 001 Turbidity, HCH Turbidimiter (00076)11/26/2015 Continuous Frequency Violation 001 Turbidity, HCH Turbidimiter (00076)11/28/2015 Continuous Frequency Violation 001 Turbidity, HCH Turbidimiter (00076)11/29/2015 Continuous Frequency Violation 001 Turbidity, HCH Turbidimiter (00076)11/30/2015 Continuous Frequency Violation Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If you have any questions concerning this matter, please contact Beverly Price of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: Bob Barr, RPB Systems WQS Asheville Regional Office - Enforcement File Non-Discharge Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\Buncombe\Wastewater\Non-discharge\Deerborne Cottages,LLC\NOV-2016-MV-0019.rtf PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary 4-Resources S. JAY ZIMMERMAN JNMENTAL QUALITY Director February 10, 2016 DWR# 16-0048 Jackson County Michael S. Brown 1016 Farmington Lane NE Atlanta, GA 30319-2812 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION 51 Stillpoint Circle Drive- Lake Glenville Dear Mr. Brown: In accordance with your application dated December 3, 2015, approval has been granted for the impacts listed in the table below. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and any additional conditions listed below. Project impacts are covered by the attached Water Quality General Certification Number 3898 and the conditions listed below. This certification is associated with the use of General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with your project, including those required by(but not limited to) Erosion and Sediment Control, Water Supply Watershed and Trout Buffer regulations. IMPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved Permanent Open Waters Above Pool Below Pool 0.0073 (acres) 0.0073 (acres) State of North Carolina I Environmental Quality I Water Resources 2090 US Hwy 701 Swannanoa,North Carolina 28778 828 296 4500 i3t����,n—51 S.i ll�oint r;ir�, ADDITIONAL CONDITIONS 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project,you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 2. All banks shall be laid back to at least a 2:1 (length : height) slope and riprap applied at the water/land interface (at full pool). Riprap shall be placed as a linear protective measure upon the regraded slopes. Stone used in stabilization shall be of a size and density sufficient to prevent movement by wave or current action and shall consist of clean rock or masonry material free of debris or toxic pollutants. The rip-rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall. [15ANCAC 02H .0507 (c)] 3. Replant or allow the re-establishment of native vegetation in areas within the project J' boundary where it has been removed per Exhibit 1 of the Duke Shoreline Management Guidelines. 4. The permitee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall - provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c)and 15A NCAC 02H .0506 (b)(2) and(c)(2)] 5. The proposed project must comply with the recommendations stated in the North Carolina Wildlife Resources Commission(NCWRC) comment letter dated February 10, 2016 (attached). This approval and its conditions are final and binding unless contested. Brown—41 ?illr)oi.;it t rc'e Drive pa-e ; This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing feeds received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,NC 27699-1601 B a—51 St31.1Doint CCi.'L, This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H.0500. Please contact Tim Fox at 828-296-4664 or tim.foxCncdenr.Rov if you have any questions or concerns. Sincerely, G. Landon Davidson,P.G.; Regional Supe isor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3898 Certificate of Completion NCWRC letter dated February 10, 2016 cc: DWR ARO 401 files ec: Bob Martin—The Seawall Co Kevin Holland-Duke Energy David Brown- USACE Asheville Regulatory Field Office Andrea Leslie -NCWRC Stan Aiken-DEMLR Ashley Rodgers -DEMLR G:\WR\WQ\Jackson\401s\Non-DOT\Brown-51 Stillpoint Circle Drive\APRVL.40lBrown-5lStillpointCircleDrive2-10-16.doex PAT MCCRORY Governor DONALD R. VAN DER VAART AF Secretary xrResources S. JAY ZIMMERMAN .RONMENTAL QUALITY - - Director February 11, 2016 DWR# 16-0049 Jackson County David Resch 1876 5th St. South Naples,FL 34102 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION 534 Glenshore Drive -Lake Glenville Dear Mr. Resch: In accordance with your application dated November 20, 2015, approval has been granted for the impacts listed in the table below. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and any additional conditions listed below. Project impacts are covered by the attached Water Quality General Certification Number 3898 and the conditions listed below. This certification is associated with the use of General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal,state or local permits before proceeding with your project, including those required by(but not limited to)Erosion and Sediment Control, Water Supply Watershed and Trout Buffer regulations. IMPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved Permanent Open Waters Above Pool LBelow Pool 0.0155 (acres) 0,0155 (acres) State of North Carolina Environmental Quality J Water Resources 2090 US Hwy 701 Swannanoa,North Carolina 28778 828 296 4500 .��a_e seb—5 l Ise )]: ADDITIONAL CONDITIONS 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project,you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H.0507(d)(2)] 2. All banks shall be laid back to at least a 2:1 (length : height) slope and riprap applied at the water/land interface(at full pool). Riprap shall be placed as a linear protective measure upon the regraded slopes. Stone used in stabilization shall be of a size and density sufficient to prevent movement by wave or current action and shall consist of clean rock or masonry material, gee of debris ortoxic p » ants. The rp=Yaps�al be %JL% `L' t0rip h installed over"a toed in filter fabric to prevent soil erosion behind the stabilized area. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall. [15A NCAC 02H .0507 (c)] 3. Replant or allow the re-establishment of native vegetation in areas within the project �- boundary where it has been removed per Exhibit 1 of the Duke Shoreline Management Guidelines. 4. The permitee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC'02H.0507 (c) and l5A NCAC 02H .0506 (b)(2) and(c)(2)] 5. The proposed project must comply with the recommendations stated in the North Carolina Wildlife Resources Commission(NCWRC) comment letter dated February 10, 2016 (attached). This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty (60) calendar days. �- esch -5 4 Glenshore Drive Paae 3 A petition form may be obtained from the OAH at http://Nvww.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919) 431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam Hayes, General Counsel - Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,NC 27699-1601 Resch—534 €le shois, This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H.0500. Please contact Tim Fox at 828-296-4664 or tim.fox,ncdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office % Enclosures: GC 3898 Certificate of Completion NCWRC letter dated February 10, 2016 cc: DWR ARO 401 files ec: Bob Martin—The Seawall Co Kevin Holland—Duke Energy David Brown-USACE Asheville Regulatory Field Office Andrea Leslie -NCWRC Stan Aiken—DEMLR Ashley Rodgers - DEMLR G:\WR\WQ\Jackson\401s\Non-DOT\Resch-534 Glenshore\APRVL.401Resch-534GlenshoreDrive2-10-16.docx PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary ,rResourees S. JAY ZIMMERMAN .<ONMENTAL QUALITY - Director February 11, 2016 DWR# 15-1235 Jackson County Lawrence Deangelo 3811 Dumbarton Road Atlanta, GA 30327 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Deangelo-Lot 11 —(PIN 7564-31-0398) - Lake Glenville Dear Mr. Deangelo: In accordance with your application dated November 20, 2015,and additional information sent via email on February 3, 201.6, approval has been granted for the impacts listed in the table below. This.approval requires you to follow the conditions listed in the enclosed certifications) or general permit and any additional conditions listed below. Project impacts are covered by the attached Water Quality General Certification Number 3898 and the conditions listed below. This certification is associated with the use of General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with your project, including those required by(but not limited to)Erosion and Sediment Control, Water Supply Watershed and Trout Buffer regulations. IMPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts: Type of Impact Amount Approved Permanent Open Waters Above Poo:l:= Below Pool 0.0137 (acres) 0.0137 (acres) State oFNorth Carolina Environmental Quality I Water Resources 2090 US Hwy 70 1 Swannanoa,North Carolina 28778 828 296 4500 ADDITIONAL CONDITIONS 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project,you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 2. All banks shall be laid back to at least a 2:1 (length : height) slope and riprap applied at the water/land interface (at full pool). Riprap shall be placed as a linear protective measure upon the regraded slopes. Stone used in stabilization shall be of a size and density su111cient to prevent movement by wave or current action and shall consist of clean rock or masonry material free of debris or toxic pollutants. The rip-rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall. [15ANCAC 02H.0507 (c)] J 3. Replant or allow the re-establishment of native vegetation in areas within the project boundary where it has been removed per Exhibit 1 of the Duke Shoreline Management Guidelines. 4. The permitee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification,including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and(c)(2)] 5. The proposed project must comply with the recommendations stated in the North Carolina Wildlife Resources Commission(NCWRC) comment letter dated January 6, 2016 (attached). Deaiiaelo — LA 11, Page 3 This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty (60) calendar days. A petition form may be obtained from the OAH at http://ww-w.ncoah.com/or by calling the OAH Clerk's Office at (919)431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pn , excluding official state holidays). The petition may be faxed to the OAH at(919)431-3100,provided the original and one copy of the petition along-with any applicable OAH filing fee is received by the OAH within five(5) - business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road, Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H.0500. Please contact Tim Fox at 828-296-4664 or tim.fox(c,,,ncdenr.go_v if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3898 Certificate of Completion NCWRC letter dated January 6, 2016 ' cc: DWR ARO 401 files ec: Danny Mullins Agent Kevin Holland—Duke Energy David Brown-USACE Asheville Regulatory Field Office Andrea Leslie-NCWRC Stan Aiken-DEMLR Ashley Rodgers - DEMLR G:\WR\WQ\Jackson\401s\Non-DOT\Deangelo-Lot 11 Lake Glenville\APRVL.401Deangelo-Lotl12-11-16.docx PAT C RORY Gnornyjr DGNA D,R,. VAN D1F-R VA'ART, idrer Resources JAY ZIMMERMAN etirisg February 11, 2016 James R. Fatland, CPFO City Manager 195 West Main Street Brevard,NC 28712 SUBJECT: Re: Settlement Agreement as Amended, File No. C-14-002,Ad I City of Brevard WWTP NPDES Permit No: NCO060534 Transylvania County Dear Mr. Fatland: In response to your letter dated February 2, 2016 addressing expiration of the Brevard WWTP Settlement - Agreement dated October 27, 2014 and subsequent Amendment (Collectively, the Settlement Agreement), the NCDEQ-Division of Water Resources (Division) offers the following: • The Division acknowledges that the Settlement Agreement self-expired January 3.1, 2016. • The Division has reviewed the data provided in the Engineer's Compliance Certification from Brown Consultants dated February 2, 2016 and concurs that compliance with the NPDES discharge limits in the Settlement Agreement has been. achieved for three consecutive months as required. • The Division acknowledges receipt of a check in the amount of$4,840.00 from the City of Brevard in,accordance with paragraph 5 of the Settlement Agreement. This constitutes complete satisfaction of payment of assessed civil penalties as modified by the Settlement Agreement, and, as a result, the Division's cases LV-2014-0082, LV-2014-0083, LV-2014- 0084 and LV-2014-0085 have been closed. • Receipt of the above amount and expiration of the Settlement Agreement does not relieve the City of its duty to abide by the terms of NPDES permit NC0060534. Future noncompliance with the terms of the NPDES may subject the City to the assessment of additional civil penalties. The Division appreciates the efforts by the City of Brevard in continuing to make improvements to its sanitary infrastructure and achieve continued compliance with NPDES permit NCO060534. State of North,Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you need additional information concerning this matter, lease contact Tim Heim at 82& 296 Y g � p � ) via e-mail at tim.heim@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDEQ Eno. cc: Jimmy Harris, Mayor Emory Owen, WWTP ORC Harlow L. Brown,P.E., Brown Consultants MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\Transylvania\Wastewater\Municipal\Brevard WWTP 60534\Settlement Agreement\SA Termination Acknowledge 02-10-2016.doc PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary xrResources S. JAY ZIMMERMAN .RONMENTAL QUALITY Director February 11, 2016 DWR# 16-0047 Macon County Thomas R. Schott 605 Danas Ridge Dr. Roswell, GA 30075 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Schott-Lot 42 Wayah Rd—Nantahala Lake Dear Mr. Schott: In accordance with your application dated December,6, 2015, approval has been granted for the impacts listed in the table below. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and any additional conditions listed below. Project impacts are covered by the attached Water Quality General Certification Number 3898 and the conditions listed below. This certification is associated with the use of General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal,state or local permits before proceeding with your project, including those required by(but not limited to)Erosion and Sediment Control, Water Supply Watershed and Trout Buffer regulations. IMPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved,-including incidental impacts. Type of Impact Amount Approved Permanent Open Waters Above Pool Below Pool 0.0048 (acres) 0.0048 (acres) State of North Carolina Environmental Quality I Water Resources 2090 US Hwy 701 Swannanoa,North Carolina 28778 828 296 4500 ADDITIONAL CONDITIONS 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project,you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [15ANCAC 02H .0507(d)(2)] 2. All banks shall be laid back to at least a 2:1 (length : height)slope and riprap applied at the water/land interface (at full pool). Riprap shall be placed as a linear protective measure upon the regraded slopes. Stone used in stabilization shall be of a size and density sufficient to prevent movement by wave or current action and shall consist of clean rock or masonry material free of debris or toxic pollutants. The rip-rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall. [15A NCAC 02H .0507 (c)] 3. Replant or allow the re-establishment of native vegetation in areas within the project boundary where it has been removed per Exhibit 1 of the Duke Shoreline Management Guidelines. 4. The permitee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and(c)(2)] 5. The proposed project must comply with the recommendations stated in the North Carolina Wildlife Resources Commission(NCWRC) comment letter dated February 10, 2016 (attached). This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. Page 3 A petition form may be obtained from the OAH at http://w-w-w.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919) 431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H.0.500. Please contact Tim Fox at 828-296-4664 or tim.fox,ncdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G., Regiona upervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3898 Certificate of Completion NCWRC Letter dated February 10, 2016 cc: DWR ARO 401 files ec: Bob Martin-The Seawall Co Kevin Holland-Duke Energy David Brown-USACE Asheville Regulatory Field Office Andrea Leslie -NCWRC Stan Aiken—DEMLR Ashley Rodgers - DEMLR G:\WR\WQ\Macon\401s\Non-DOT\Schott-Lot#2 Wayah Rd Nantahala Lake\APRVL.401 Schott-Lot.#2WayahRd2-11-16.docx PAT MCCRORY ® Governor DONALD R. VAN DER VAART '( Secretary .,terResource3 ,(IRONMENTALQUALITY S. JAY ZIMMERMAN Director February 11, 201E CERTIFIED MAIL(7014 0510 0000 4466 9151) RETURN RECEIPT REQUESTED Mr.Michael A. Crowell Crowell Farms,Inc. 523 Pond Road Asheville,North Carolina 2880E Subject: Recommendation of Enforcement Action Crowell Farms,Inc. Notice of Violation and Notice of Intent to Enforce NOV-2015-DV-0283 (12/30/15) Notice of Violation and Notice of Intent to Enforce NOV-2016-DV-0007(1/20/16) Permit No.AWG200000 and Certificate of Coverage No.AWC l 10001 Buncombe County Dear Mr. Crowell: This letter is to advise you that this office is considering recommending enforcement action to the Director of the Division of Water Resources.The recommendation for enforcement concerns the violations cited in the Notices of Violation and Notices of Intent to Enforce dated December 30,'2015 and January 20, 2016,previously sent to you. If you wish to present an explanation for the violations cited,or if you believe there are other factors which should be considered,please send such information to me in writing within ten(10)days following receipt of this letter. Your explanation will be reviewed, and, if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for their consideration. If you have any questions concerning this matter,please contact Beverly Price or me at(828)296- 4500. Sincerely, G. Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office cc: Christine Lawson,DWR Animal Feed Operations G:\WR\WQ\Buncombe\CAFOs\Crowell\2016 Enforcement Docs\Crowell 10Day letterNOI.docx State of North Carolina I Environmental Quality I Water Resources 2090 US Hwy 70 1 Swannanoa,North Carolina 28778 9828 296 4500 / -, I PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary ✓VaterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director February 11, 2016 Jerry Clark P.O. Box 1402 Candler,NC 28715 SUBJECT: NOTICE OF VIOLATION NOV-2016-PC-0044 Compliance Evaluation Inspection Sams Branch Road Site Permit No:NCG550465 Buncombe County Response Deadline: March 15,2016 Dear Mr. Clark: On January 29, 2016, Andrew Moore from the Asheville Regional Office (ARO) of the Division of Water Resources (DWR) conducted a compliance evaluation inspection of the subject wastewater treatment system. During the inspection a white liquid discharge was observed emanating from the streambank and entering South :Iominy Creek. The effluent pipe could not be located at the time of the inspection. On February 2,2016,Andrew Moore returned and collected a water sample of the discharge. The water sample was analyzed for biochemical oxygen demand(BOD),total suspended solids(TSS),and fecal coliform bacteria. The analyzed parameters have daily maximum limits in the subject permit. However, the daily limits are applicable solely to the effluent discharging from the permitted outfall and are only included for reference. The results are as follows: Parameter Date Limit Value Result Limit Type Biochemical Oxygen 2/2/2016 45.0 mg/1 260 mg/l Daily Demand Maximum Total Suspended Solids 2/2/2016 45.0 mg/1 81 mg/l Daily Maximum Fecal Coliform Bacteria 2/2/2016 400/100 ml 4,100/100 ml Daily Maximum The water sample results indicate that wastewater is circumventing the wastewater treatment system and discharging directly to the stream channel. _ State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 828 296 4500 Jerry Clark February 11,2016 Page 2 of 2 \ As a result of the site inspection and review of the water sample results,the following violation was identified VIOLATION I. Illegal Discharge of Waste to Waters-North Carolina General Statute (hereby known as G.S.) 143- 215.1(a)(6) requires that no person shall cause or permit any waste, directly or indirectly, to be discharged to or in any manner intermix with the waters of the State in violation of the water quality standards applicable to the assigned classifications or in violation of any effluent standards or limitations established for any point source, unless allowed as a condition of any permit, special order or other appropriate instrument issued or entered into by the Commission under the provision of the Article. To prevent further action, you must address the illegal discharge. This office recommends the following course of action: 1. Evaluate and assess the system to determine whether the system can be brought into compliance. Note that it is not permissible to alter, extend, or change the construction or method of operation of any sewer system in the State without the appropriate permit. 2. If you determine that the system cannot be brought into compliance, contact Buncombe County Environmental Health to determine whether a traditional septic system can be installed on your property. 3. If you cannot address the illegal discharge via 1 or 2 above, you will be required to replace your wastewater treatment system. The permit requires that systems replaced after August 1,2007,must meet the requirements for new systems. U Please respond in writing to this office to the address noted in the footer by March 15, 2016. The response should summarize the course of action you plan to take to address the violation and an anticipated schedule. If you should have any questions,please do not hesitate to contact Andrew Moore at 828-296-4684. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosure. cc: MSC 1617-Central Files-Basement Asheville Regional Office Files G:\WR\WQ\Buncombe\Wastewater\General\NCG55 Single Family Residence\550465 Jerry Clark\NOV-2016-PC-0044.docx United States Environmental Protection Agency Form Approved. Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 �N I 2 I5 � 3 I NCG550465 111 12 16/01/29 17 18 r. 19( G 20I 211111 1 1 I I I I I I I I I I I I I I I I I I i I I I I I I I 1 I I II I I I I I f6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA — — R�5 rued- ------ -- 67 70 I 71 � 73 LJ_J 72 �, I74 80 l� Section B:Facility Data L_1 Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:45AM 16/01/29 13/08/01 Sams Branch Road site Exit Time/Date Permit Expiration Date Sams Branch Rd 11:OOAM 16/01/29 18/07131 Candler NC 28715 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Jerry Clark,PO Box 1402 Candler NC 28715M Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Operations&Maintenance ® Records/Reports ® 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 Andrew W Moore ARO WQ//828-2964684/ Signature of Mana 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.) 31 NCG550465 �1 12 17 18 1,1 16/01/28 1J Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) On January 29, 2016, 1 (Andrew Moore)of the Asheville Regional Office conducted a compliance evaluation inspection of the Clark residence wastewater treatment system. The Clark's were contacted via phone prior to the inspection. The permittee was not present at the time of the inspection. However, Mr. Clark's father,who lives in a separate residence on the same parcel, was present. The septic tank was reportedly pumped three years ago. No signs of system failure were observed in the area of the sand filter. While looking for the effluent pipe, I observed a white, foul-smelling, liquid emanating from the stream bank in the area I would anticipate the effluent pipe being located. The effluent pipe was never located. I returned 2/2/2016 to collected a sample of the discharge for analysis of biochemical oxygen demand (BOD), fecal coliform bacteria, and total suspended solids(TSS). See 2/2/2016 inspection report. Page# 2 Permit: NCG550465 Owner-Facility: Sams Branch Road site ,ispection Date: 01/29/2016 Inspection Type: Compliance Evaluation Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable ❑ ❑ ® ❑ Solids, pH,DO, Sludge Judge, and other that are applicable? Comment: Septic Tank Yes No NA NE (If pumps are used)Is an audible and visual alarm operational? ❑ ❑ ■ ❑ Is septic tank pumped on a schedule? ® ❑ ❑ ❑ Are pumps or syphons operating properly? ❑ ❑ ® ❑ Are high and low water alarms operating properly? ❑ ❑ ® ❑ Comment: Effluent(Pipe Yes No NA NE Is right of way to the outfall properly maintained? ❑ ❑ ® ❑ Are the receiving water free of foam other than trace amounts and other debris? ❑ ® ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ 0 ❑ Comment: The effluent pipe was not found A white discharge was observed emanating from the streambank in the area where the effluent pipe was expected. r Page# 3 United States Environmental Protection Agency Form Approved. i iA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 15 1 3 NCG550465 (11 12 16/02/02 17 18 Li I 19 I G I 201 21I � � � � � II [A I I r6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA -------------------—Reserved---------—----— 67I�� 7O L—1 71 Ity 72 _ 73L L J 74 751 I I_J'_IL�1_'_lI80 Section B:Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:15AM 16/02/02 13/08/01 Sams Branch Road site Exit Time/Date Permit Expiration Date Sams Branch Rd 09:45AM 16/02/02 18/07/31 Candler NC 28715 Name(s)of Onsite Representative(s)/Tities(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Jerry Clark,PO Box 1402 Candler NC 28715/// No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) 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 Robert Topolski ARO WQ//828-296-4500/ Andrew W Moore ARO WQ//828-296-4684/ 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 NCG550465 I11 12I 16/02/02 17 18 '0 1 Section D:Summary of lFFiinding/Comments(Attach additional sheetsof narrative and checklists as necessary) On February 2, 2016,Andrew Moore and Rob Topolski returned to the Clark residence to collect a water sample of the white discharge observed emanating from the stream bank.The white discharge was initially observed during a compliance evaluation inspection on January 29, 2016. The water sample was analyzed for biochemical oxygen demand (BOD), total suspended solids(TSS), and fecal coliform bacteria. BOD was detected at 260 milligrams per liter(mg/1).TSS were detected at 81 mg/I. Fecal coliform bacteria were detected at 4,100 colony forming units per 100 milliliters(ml). Though not collected from the effluent pipe, all results exceeded the permit limits for effluent discharge. Page# 2 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary aterResources S. JAY ZIMMERMAN .VIRONMENTAL QUALITY Director February 12, 2016 Mr. Ralph Ross 681 Farmland Road Waynesville,North Carolina 28785 Subject: Compliance Inspection Animal Waste Handling System Ralph Ross Dairy—Facility#44-15 Haywood County Dear Mr. Ross: On December 22, 2015, I conducted a routine Compliance Inspection of the animal waste handling system for the Ralph Ross Dairy.The operation/record keeping for this facility is very good. The assistance of Mr. Hank Ross during the inspection was greatly appreciated. If you have any questions regarding this report or need assistance of any kind, please do not hesitate to contact me at(828) 296-4500. Si cerely, Ed Williams Environmental Senior Specialist Enclosure Cc: Leslie Smathers, Haywood County Soil & Water Conservation District 589 Raccoon Road Ste. 203 Waynesville,NC 28786 CAFO Files State of North Carolina I Environmental Quality I Water Resources Asheville Regional Office 2090 US 70 Highway,Swannanoa,North Carolina 28778 828-2964686 Division of Water Resources ❑ Division of Soil and Water Conservation Other Agency Facility Number: 440015 Facility Status: Active permit: AWC440015 Denied Access - Inpsection Type: Compliance Inspection Inactive Or Closed Date: Reason for visit: Routine County: Haywood Region: Asheville Date of Visit: 12/22/2015 Entry Time: 10:00 am Exit Time: 11:15 am Incident# Farm Name: Ralph Ross Dairy Farm Owner Email: Owner Ralph Ross Phone: 828-926-1765 Mailing Address: 681 Farmland Rd Waynesville NC 28785 Physical Address: 681 Farmland Rd Waynesville NC 28785 Facility Status: Compliant ❑ Not Compliant Integrator: Location of Farm: Latitude: 35'35'17" Longitude: 83'01'30" Jonathan Creek Hwy.276,turn left of Bob Boyd Road,turn left on Farmland Road facility is at end of road. Question Areas: Dischrge&Stream Impacts ■ Waste Col,Stor,&Treat Waste Application Records and Documents . Other Issues Certified Operator: Hank A Ross Operator Certification Number: 21953 Secondary OIC(s): On-Site Representative(s): Name Title Phone 24 hour contact name Hank Ross Phone: Primary Inspector: Edward M Williams Phone: Inspector Signature: Date: Secondary Inspector(s): Inspection Summary: The facility appeared to be well maintained and the record keeping was in good order. page: 1 Permit: AWC440015 Owner-Facility: Ralph Ross Facility Number: 440015 Inspection Date: 12/22/15 Inpsection Type: Compliance Inspection Reason for Visit: Routine Regulated Operations Design Capacity Current promotions Cattle ® Cattle-Milk Cow 200 I 295 Total Design Capacity: 200 Total SSLW: 280,000 Waste Structures Disignated Observed Type Identifier Closed Date Start Date Freeboard Freeboard Waste Pond WASTE POND 96.00 page: 2 - mit: AWC440015 Owner-Facility: Ralph Ross Facility Number: 440015 Jon Date: 12/22/15 Inpsection Type: Compliance Inspection Reason for Visit: Routine Discharges&Stream Impacts Yes No Na Ne 1. Is any discharge observed from any part of the operation? ❑ 0 ❑ ❑ Discharge originated at: Structure ❑ Application Field ❑ Other ❑ a.Was conveyance man-made? ❑ 0 ❑ ❑ b. Did discharge reach Waters of the State?(if yes, notify DWQ) ❑ i ❑ ❑ c.What is the estimated volume that reached waters of the State(gallons)? d. Does discharge bypass the waste management system?(if yes, notify DWQ) ❑ 0 ❑ ❑ 2. Is there evidence of a past discharge from any part of the operation? ❑ ■ ❑ ❑ 3.Were there any observable adverse impacts or potential adverse impacts to Waters of the ❑ ❑ ❑ State other than from a discharge? Waste Collection,Storage&Treatment Yes No Na Ne 4. Is storage capacity less than adequate? ❑ M ❑ ❑ If yes, is waste level into structural freeboard? ❑ 5.Are there any immediate threats to the integrity of any of the structures observed(Le./large ❑ 0 ❑ ❑ trees,severe erosion,seepage,etc.)? 6.Are there structures on-site that are not properly addressed and/or managed through a ❑ M ❑ ❑ waste management or closure plan? 7. Do any of the structures need maintenance or improvement? ❑ M ❑ ❑ 8. Downy of the structures lack adequate markers as required by the permit?(Not applicable ❑ 0 ❑ ❑ to roofed pits,dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require ❑ ■ ❑ maintenance or improvement? Waste Application Yes No Na Ne 10.Are there any required buffers,setbacks, or compliance alternatives that need ❑ ■ ❑ ❑ maintenance or improvement? 11. Is there evidence of incorrect application? ❑ ❑ ❑ If yes,check the appropriate box below. Excessive Ponding? ❑ Hydraulic Overload? ❑ Frozen Ground? ❑ Heavy metals(Cu,Zn,etc)? ❑ PAN? ❑ Is PAN>10%/10 lbs.? ❑ Total Phosphorus? ❑ Failure to incorporate,manure/sludge into bare soil? ❑ Outside of acceptable crop window? ❑ Evidence of wind drift? ❑ Application outside of application area? ❑ page: 3 Permit: AWC440015 Owner-Facility: Ralph Ross Facility Number: 440015 Inspection Date: 12/22/15 Inpsection Type: Compliance Inspection Reason for Visit: Routine Waste Application Yes No Na Ne Crop Type 1 Corn(Silage) Crop Type 2 Fescue(Hay,Pasture) Crop Type 3 Crop Type 4 Crop Type 5 _ Crop Type 6 Soil Type 1 Soil Type 2 Soil Type 3 Soil Type 4 Soil Type 5 Soil Type 6 14. Do the receiving crops differ from those designated in the Certified Animal Waste ❑ ® ❑ ❑ Management Plan(CAWMP)? 15. Does the receiving crop and/or land application site need improvement? ❑ ® ❑ ❑ 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre ❑ e ❑ ❑ determination? 17. Does the facility lack adequate acreage for land application? ❑ ■ ❑ El 18. Is there a lack of properly.operating waste application equipment? ❑ ® ❑ ❑ Records and Documents Yes No Na Ne 19. Did the facility fail to have Certificate of Coverage and Permit readily available? ❑ ® ❑ ❑ 20. Does the facility fail to have all components of the CAWMP readily available? ❑ ■ ❑ ❑ If yes, check the appropriate box below. WU P? ❑ Checklists? ❑ Design? ❑ Maps? Lease Agreements? Other? ❑ If Other, please specify 21. Does record keeping need improvement? ❑ ® ❑ ❑ If yes,check the appropriate box below. Waste Application? ❑ Weekly Freeboard? ❑ Waste Analysis? ❑ Soil analysis? ❑ Waste Transfers? ❑ Weather code? ❑ Rainfall? ❑ Stocking? El page: 4 mit: AWC440015 Owner-Facility: Ralph Ross Facility Number: 440015 :ion Date: 12/22/15 Inpsection Type: Compliance Inspection Reason for Visit: Routine Records and Documents Yes No Na Ne Crop yields? ❑ 120 Minute inspections? ❑ Monthly and 1"Rainfall Inspections ❑ Sludge Survey ❑ 22. Did the facility fail to install and maintain a rain gauge? ❑ . ❑ ❑ 23. If selected,did the facility fail to install and maintain a rainbreaker on irrigation equipment ❑ 0 ❑ ❑ (NPDES only)? 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ ❑ ❑ 25. Is the facility out of compliance with permit conditions related to sludge?If yes, check the ❑ N ❑ ❑ appropriate box(es)below: Failure to complete annual sludge survey ❑ Failure to develop a POA for sludge levels ❑ Non-compliant sludge levels in any lagoon ❑ List structure(s)and date of first survey indicating non-compliance: 26. Did the facility fail to provide documentation of an actively certified operator in charge? ❑ 0 ❑ ❑ 27. Did the facility fail to secure a phosphorous loss assessment(PLAT)certification? ❑ ® ❑ ❑ Other Issues Yes No Na Ne 28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document ❑ ® ❑ ❑ and report mortality rates that exceed normal rates? 29.At the time of the inspection did the facility pose an odor or air quality concern? If yes, ❑ ❑ ❑ contact a regional Air Quality representative immediately. 30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? ❑ N ❑ ❑ (i.e., discharge,freeboard problems, over-application) 31. Do subsurface tile drains exist at the facility? ❑ 0 ❑ ❑ If yes, check the appropriate box below. Application Field ❑ Lagoon/Storage Pond ❑ Other ❑ If Other,please specify 32.Were any additional problems noted which cause non-compliance of the Permit or ❑ N ❑ ❑ CAWM P? 33. Did the Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ ■ ❑ ❑ 34. Does the facility require a follow-up visit by same agency? ❑ ❑ ❑ page: 5 � � .may ��--= PAT MCCRORY AGovernor DONALD R. VAN DER VAART Secretary .aterResources S. JAY ZIMMERMAN .NVIRONMENTAL QUALITY Director February 12, 2016 Mr. Randall Parkins Parkins Brothers Dairy 6434 Panther Creek Road Clyde,North Carolina 28721 Subject: Compliance Inspection Animal Waste Handling System Parkins Brothers Dairy Facility# 44-36 Haywood County Dear Mr. Parkins: On December 29, 2015, I conducted a routine Compliance Inspection of the animal waste handling system for the Parkins Brothers Farm. The facility appeared to be well maintained and the record keeping was in good order. Thank you for your assistance,during the inspection. If you have any questions regarding this inspection or need assistance of any kind,please do not hesitate to contact me at(828)296-4500. Please review the Inspection Report for additional comments/observations. Sincerely("T Ed Williams Environmental Senior Specialist Enclosure Cc: Leslie Smathers Haywood County Soil & Water Conservation District 589 Raccoon Road Ste. 203 Waynesville,NC 28786 CAFO Files State of North Carolina I Environmental Quality I Water Resources Asheville Regional Office 2090 US 70 Highway,Swannanoa,North Carolina 28778 828-296-4686 ® Division of Water Resources Division of Soil and Water Conservation Other Agency Facility Number: 440036 Facility Status: Active Permit: AWC440036 ❑ Denied Access Inppection Type: Compliance Inspection Inactive Or Closed Date: Reason for Visit: Routine County: Haywood Region: Asheville Date of Visit: 12/29/2015 Entry Time: 10:00 am Exit Time: 11:00 am Incident# Farm Name: Parkins Brothers Dairy Owner Email: Owner: Randall S Parkins Phone: 828-627-6120 Mailing Address: 1312 DOC Graham Rd Clyde NC 28721 Physical Address: 1312 DOC Graham Rd Clyde NC 28721 Facility Status: ®Compliant ❑ Not Compliant Integrator: Location of Farm: Latitude: 35°40'10" Longitude: 82'58'30" Panther Creek off Fines Creek Rd.at 15 mile exit of interstate 40[1-40 to Fines creek Exit,Turn Right,Go 0.1 miles,Turn Right and go).5 miles to Farm] Question Areas: ® Dischrge&Stream impacts ® Waste Col,Stor,&Treat ®Waste Application ■ Records and Documents ® Other Issues Certified Operator: Randall S Parkins Operator Certification Number: 21360 Secondary OIC(s): On-Site Representative(s): Name Title Phone 24 hour contact name Randy Parkins Phone: Primary inspector: Edward M Williams Phone: Inspector Signature: Date: Secondary Inspector(s): Inspection Summary: The facility appeared to be well maintained and the record keeping was in good order. page: 1 Permit: AWC440036 Owner-Facility: Randall S Parkins Facility Number: 440036 Inspection Date: 12/29/15 Inpsection Type: Compliance Inspection Reason for Visit: Routine Regulated Operations Design Capacity Current promotions Cattle ® Cattle-Milk Cow 150 104 Total Design Capacity: 150 Total SSLW: 210,000 Waste Structures Disignated Observed Type Identifier Closed Date Start Date Freeboard Freeboard Dry Stack 02 01/01/49 Waste Pond 01 01/01/91 30.00 45.00 page: 2 ,mit: AWC440036 Owner-Facility: Randall S Parkins Facility Number: 440036 .ion Date: 12/29/15 Inssection Type: Compliance Inspection Reason for Visit: Routine Discharges&Stream Impacts Yes No Na Ne 1. Is any discharge observed from any part of the operation? ❑ O ❑ ❑ Discharge originated at: Structure ❑ Application Field ❑ Other ❑ a.Was conveyance man-made? ❑ ® ❑ ❑ b. Did discharge reach Waters of the State?(if yes, notify DWQ) ❑ 0 1111 c.What is the estimated volume that reached waters of the State(gallons)? d. Does discharge bypass the waste management system?(if yes, notify DWQ) ❑ ® ❑ ❑ 2. Is there evidence of a past discharge from any part of the operation? ❑ M ❑ ❑ 3.Were there any observable adverse impacts or potential adverse impacts to Waters of the ❑ 0 ❑ ❑ State other than from a discharge? " Waste Collection,Storage&Treatment Yes No Na Ne 4. Is storage capacity less than adequate? ❑ ■ ❑ ❑ If yes, is waste level into structural freeboard? ❑ 5.Are there any immediate threats to the integrity of any of the structures observed(I.e./large ❑ M ❑ ❑ trees,severe erosion,seepage,etc.)? 6.Are there structures on-site that are not properly addressed and/or managed through a ❑ ❑ ❑ waste management or closure plan? 7. Do any of the structures need maintenance or improvement? ❑ 0 ❑ ❑ 8. Do any of the structures lack adequate markers as required by the permit?(Not applicable ❑ M ❑ ❑ to roofed pits,dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require ❑ M ❑ ❑ maintenance or improvement? Waste Application Yes No Na Ne 10.Are there any required buffers, setbacks,or compliance alternatives that need ❑ ■ ❑ ❑ maintenance or improvement? 11. is there evidence of incorrect application? ❑ ❑ ❑ If yes,check the appropriate box below. Excessive Ponding? ❑ Hydraulic Overload? ❑ Frozen Ground? ❑ Heavy metals(Cu,Zn,etc)? ❑ PAN? ❑ Is PAN>10%/10 lbs.? ❑ Total Phosphorus? ❑ Failure to incorporate manure/sludge into bare soil? ❑ Outside of acceptable crop window? ❑ Evidence of wind drift? ❑ Application outside of application area? ❑ page: 3 Permit: AWC440036 Owner-Facility: Randall S Parkins Facility Number: 440036 Inspection Date: 12/29/15 Inpsection Type: Compliance Inspection Reason for Visit: Routine \ Waste Application Yes No Na Ne Crop Type 1 Corn(Silage) Crop Type 2 Fescue(Hay,Pasture) Crop Type 3 Crop Type 4 Crop Type 5 Crop Type 6 Soil Type 1 Soil Type 2 Soil Type 3 Soil Type 4 Soil Type 5 Soil Type 6 14. Do the receiving crops differ from those designated in the Certified Animal Waste ❑ ® ❑ ❑ Management Plan(CAWMP)? 15. Does the receiving crop and/or land application site need improvement? ❑ ® ❑ ❑ 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre ❑ ■ ❑ ❑ determination? 17. Does the facility lack adequate acreage for land application? ❑ ■ ❑ ❑ 18. Is there a lack of properly operating waste application equipment? ❑ ® ❑ ❑ Records and Documents Yes No Na Ne -� 19. Did the facility fail to have Certificate of Coverage and Permit readily available? ❑ ® ❑ ❑ 20. Does the facility fail to have all components of the CAWMP readily available? ❑ Mn ❑ If yes,check the appropriate box below: WU P? ❑ Checklists? ❑ Design? ❑ Maps? ❑ Lease Agreements? ❑ Other? ❑ If Other,please specify 21. Does record keeping need improvement? ❑ ® ❑ ❑ If yes, check the appropriate box below. Waste Application? ❑ Weekly Freeboard? ❑ Waste Analysis? ❑ Soil analysis? ❑ Waste Transfers? ❑ Weather code? ❑ Rainfall? ❑ Stocking? ❑ ti page: 4 ,rmit: AWC440036 Owner-Facility: Randall S Parkins Facility Number: 440036 .ion Date: 12/29/15 Inpsection Type: Compliance Inspection Reason for Visit: Routine 'Records and Documents Yes No Na Ne Crop yields? ❑ 120 Minute inspections? ❑ Monthly and 1 Rainfall Inspections ❑ Sludge Survey ❑ 22. Did the facility fail to install and maintain a rain gauge? ❑ ■ ❑ ❑ 23. If selected,did the facility fail to install and maintain a rainbreaker on irrigation equipment ❑ N ❑ ❑ (NPDES only)? 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ ❑ ❑ 25. Is the facility out of compliance with permit conditions related to sludge?If yes, check the ❑ ■ ❑ ❑ appropriate box(es)below: Failure to complete annual sludge survey ❑ Failure to develop a POA for sludge levels ❑ Non-compliant sludge levels in any lagoon ❑ List structure(s)and date of first survey indicating non-compliance: 26. Did the facility fail to provide documentation of an actively certified operator in charge? ❑ ❑ ❑ 27. Did the facility fail to secure a phosphorous loss assessment(PLAT)certification? ❑ ® ❑ ❑ Other Issues Yes No Na Ne 28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document ❑ ❑ ❑ and report mortality rates that exceed normal rates? 29,At the time of the inspection did the facility pose an odor or air quality concern? If yes, ❑ N ❑ ❑ contact a regional Air Quality representative immediately. 30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? ❑ . ❑ ❑ (i.e., discharge,freeboard problems,over-application) 31. Do subsurface tile drains exist at the facility? ❑ ■ ❑ ❑ If yes,check the appropriate box below. Application Field ❑ Lagoon/Storage Pond ❑ Other ❑ If Other, please specify 32.Were any additional problems noted which cause non-compliance of the Permit or ❑ NO ❑ CAWM P? 33. Did the Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ N ❑ ❑ 34. Does the facility require a follow-up visit by same agency? ❑ E ❑ ❑ page: 5 \� �'' i, '� `r 3 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary aterResources S. JAY ZIMMERMAN .WIRONMENTAL QUALITY Director February 12, 2016 Mr. Steve Ross Triple R. Dairy Farm 298 Farmland Road Waynesville,North Carolina 28786 Subject: Compliance Inspection Animal Waste Handling System Triple R Dairy—Facility #44-13 Haywood County Dear Mr. Ross: On December 22, 2015, I conducted a routine Compliance Inspection of the animal waste handling system for the Triple R Dairy. The operation/record keeping for this facility is very good. . The assistance of Mr. Phillip Ross during the inspection was greatly appreciated. If you have any questions regarding this report or need assistance of any kind, please do not hesitate to contact me at(828)296-4500. S' rely, Ed Williams Environmental Senior Specialist Enclosure Cc: Leslie Smathers, Haywood County Soil& Water Conservation District 589 Raccoon Road Ste. 203 Waynesville,NC 28786 CAFO Files State of North Carolina I Environmental Quality I Water Resources Asheville Regional Office 2090 US 70 Highway,Swannanoa,North Carolina 28778 828-2964686 �, �,. r___ , _ • Division of Water Resources ❑ Division of Soil and Water Conservation ❑ Other Agency Facility Number: 440013 Facility Status: Active Permit: AWC440013 Denied Access Inpsection Type: Compliance Inspection Inactive Or Closed Date: Reason for Visit: Routine County: Haywood Region: Asheville Date of Visit: 12/22/2015 Entry Time: 11:30 am Exit Time: 12:30 pm Incident# Farm Name: Triple R Dairy Farm Owner Email: Owner: Steven M Ross Phone: 828-734-1516 Mailing Address: 151 Bob Boyd Rd Waynesville NC 28785 Physical Address: 298 Farmland Rd Waynesville NC 28785 Facility Status: ® Compliant ❑ Not Compliant Integrator: Location of Farm: Latitude: 35'35'30" Longitude: 83°01'30" 1-40 Exit 20 to 276 E.for 1/4 mi.turn right on Cove Crk.Rd.then left on Bob Boyd Rd.,turn right on Farmland Rd. take the next black top road to right and go to end. Question Areas: ® Dischrge&Stream Impacts ■Waste Col,Stor,&Treat ®Waste Application Records and Documents Other Issues Certified Operator: Steven M Ross Operator Certification Number: 21955 Secondary OIC(s): On-Site Representative(s): Name Title Phone 24 hour contact name Phillip Ross Phone: Primary Inspector: Edward M Williams Phone: Inspector Signature: Date: Secondary Inspector(s): Inspection Summary: The facility appeared to be well maintained and the record keeping was in good order. page: 1 Permit: AWC440013 Owner-Facility: Steven M Ross Facility Number: 440013 Inspection Date: 12/22/15 Inpsection Type: Compliance Inspection Reason for Visit: Routine Regulated Operations Design Capacity Current promotions Cattle ® Cattle-Milk Cow 250 269 Total Design Capacity: 250 Total SSLW: 350,000 page: 2 snit: AWC440013 Owner-Facility: Steven M Ross Facility Number: 440013 ,on Date: 12/22/15 Inpsection Type: Compliance Inspection Reason for Visit: Routine Discharges&Stream Impacts Yes No Na Ne 1. Is any discharge observed from any part of the operation? ❑ ■ ❑ ❑ Discharge originated at: Structure ❑ Application Field ❑ Other ❑ a.Was conveyance man-made? ❑ ■ ❑ ❑ b. Did discharge reach Waters of the State?(if yes, notify DWQ) ❑ ❑ ❑ c.What is the estimated volume that reached waters of the State(gallons)? d. Does discharge bypass the waste management system?(if yes, notify DWQ) ❑ ® ❑ ❑ 2. Is there evidence of a past discharge from any part of the operation? ❑ ® ❑ ❑ 3.Were there any observable adverse impacts or potential adverse impacts to Waters of the ❑ ® ❑ ❑ State other than from a discharge? Waste Collection,Storage&Treatment Yes No Na Ne 4. Is storage capacity less than adequate? ❑ ■ ❑ ❑ If yes, is waste level into structural freeboard? El 5.Are there any immediate threats to the integrity of any of the structures observed(I.e./large ❑ . ❑ ❑ trees,severe erosion,seepage, etc.)? 6.Are there structures on-site that are not properly addressed and/or managed through a ❑ ❑ ❑ waste management or closure plan? 7. Do any of the structures need maintenance or improvement? ❑ ■ ❑ ❑ 8. Do any of the structures lack adequate markers as required by the permit?(Not applicable ❑ ❑ ❑ to roofed pits,dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require ❑ ■ ❑ ❑ maintenance or improvement? Waste Application Yes No Na Ne 10.Are there any required buffers, setbacks, or compliance alternatives that need ❑ 0 ❑ ❑ maintenance or improvement? 11. Is there evidence of incorrect application? ❑ NO ❑ If yes,check the appropriate box below. Excessive Ponding? ❑ Hydraulic Overload? ❑ Frozen Ground? ❑ Heavy metals(Cu,Zn,etc)? ❑ PAN? ❑ Is PAN > 10%/10 lbs.? ❑ Total Phosphorus? ❑ Failure to incorporate manure/sludge into bare soil? ❑ Outside of acceptable crop window? ❑ Evidence of wind drift? ❑ Application outside of application area? ❑ page: 3 Permit: AWC440013 Owner-Facility: Steven M Ross Facility Number: 440013 Inspection Date: 12/22/15 Inpsection Type: Compliance Inspection Reason for Visit: Routine Waste Application Yes No Na Ne Crop Type 1 Corn(Silage) Crop Type 2 Fescue(Hay,Pasture) Crop Type 3 Crop Type 4 Crop Type 5 Crop Type 6 Soil Type 1 Soil Type 2 Soil Type 3 Soil Type 4 Soil Type 5 Soil Type 6 14. Do the receiving crops differ from those designated in the Certified Animal Waste ❑ ® ❑ ❑ Management Plan(CAWMP)? 15. Does the receiving crop and/or land application site need improvement? ❑ ® ❑ ❑ 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre ❑ ■ ❑ ❑ determination? 17. Does the facility lack adequate acreage for land application? ❑ ■ ❑ ❑ 18. Is there a lack of properly operating waste application equipments ❑ ❑ ❑ Records and Documents Yes No Na Ne 19. Did the facility fail to have Certificate of Coverage and Permit readily available? ❑ ® ❑ ❑ 20. Does the facility fail to have all components of the CAWMP readily available? ❑ ® ❑ ❑ If yes,check the appropriate box below. WUP? ❑ Checklists? ❑ Design? Maps? ❑ Lease Agreements? ❑ Other? ❑ If Other, please specify 21. Does record keeping need improvement? ❑ ® ❑ ❑ If yes, check the appropriate box below. Waste Application? ❑ Weekly Freeboard? ❑ Waste Analysis? ❑ Soil analysis? ❑ Waste Transfers? ❑ Weather code? ❑ Rainfall? ❑ Stocking? ❑ - page: 4 mit: AWC440013 Owner-Facility: Steven M Ross Facility Number: 440013 jon Date: 12/22/15 Inpsection Type: Compliance Inspection Reason for Visit: Routine Records and Documents Yes No Na Ne Crop yields? ❑ 120 Minute inspections? ❑ Monthly and 1"Rainfall Inspections ❑ Sludge Survey ❑ 22. Did the facility fail to install and maintain a rain gauge? ❑ ® ❑ ❑ 23. If selected,did the facility fail to install and maintain a rainbreaker on irrigation equipment ❑ ❑ ❑ (NPDES only)? 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ ■ ❑ ❑ 25. Is the facility out of compliance with permit conditions related to sludge?If yes, check the ❑ ® ❑ ❑ appropriate box(es)below: Failure to complete annual sludge survey ❑ Failure to develop a POA for sludge levels El Non-compliant sludge levels in any lagoon ❑ List structure(s)and date of first survey indicating non-compliance: 26. Did the facility fail to provide documentation of an actively certified operator in charge? ❑ ❑ ❑ 27. Did the facility fail to secure a phosphorous loss assessment(PLAT)certification.? ❑ E ❑ ❑ Other Issues Yes No Na Ne 28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document ❑ ■ ❑ ❑ and report mortality rates that exceed normal rates? 29.At the time of the inspection did the facility pose an odor or air quality concern? If yes, ❑ ❑ ❑ contact a regional Air Quality representative immediately. 30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? ❑ ■ ❑ ❑ (i.e., discharge,freeboard problems, over-application) 31. Do subsurface tile drains exist at the facility? ❑ ® ❑ ❑ If yes, check the appropriate box below. Application Field Lagoon/Storage Pond ❑ Other ❑ If Other,please specify 32.Were any additional problems noted which cause non-compliance of the Permit or ❑ ■ ❑ ❑ CAWMP? 33. Did the Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ ® ❑ ❑ 34. Does the facility require a follow-up visit by same agency? ❑ N ❑ ❑ page: 5 �� ;. \J �_ , 'tip' PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary .aterResources S. JAY ZIMMERMAN aWIRONMENTAL QUALITY Director February 12, 2016 Mr. Tim Smart Tim Smart Dairy 156 Riverside Drive Clyde,North Carolina 28721 Subject: Compliance Inspection Animal Waste HandlingSystem Tim Smart Dairy—Facility#44-52 Haywood County Dear Mr. Smart: On January 29, 2016, 1 conducted a routine Compliance.Inspection of the animal waste handling system for the Tim Smart Dairy. The operation/record keeping for this facility is very good. . The assistance of Mr. Tim Smart during the inspection was greatly appreciated. If you have any questions regarding this report or need assistance of any kind, please do not hesitate to contact me at (828)296-4500. Sincerely, Ed Williams Environmental Senior Specialist Enclosure Cc: Leslie Smathers, Haywood County Soil & Water Conservation District 589 Raccoon Road Ste. 203 Waynesville,NC 28786 CAFO Files State of North Carolina I Environmental Quality I Water Resources Asheville Regional Office 2090 US 70 Highway,Swannanoa,North Carolina 28778 828-2964686 �\��� ..... r �� 1 /; Division of Water Resources El Division of Soil and Water Conservation Other Agency Facility Number: 440052 Facility Status: Active Permit: AWC440052 Denied Access Inppection Type: Compliance Inspection Inactive Or Closed Date: Reason for Visit: Routine County: Haywood Region: Asheville Date of Visit: 01/29/2016 Entry Time: 12:00 pm Exit Time: 1:00 pm Incident# Farm Name: Smart's Dairy Owner Email: Owner: Joseph T Smart Phone: 828-627-0490 Mailing Address: 156 Riverside Dr Clyde NC 28721 Physical Address: 156 Riverside Dr Clyde NC 28721 Facility Status: ®Compliant El Not Compliant Integrator: Location of Farm: Latitude: 35°36'17" Longitude: 82'56'30" Exit 24 off of 140 and turn right.Go 3 miles on Hwy 209 North to Riverside Drive.Turn left.Go about.2 mile and turn right onto Smart Dairy Rd.(SR 1355). Question Areas: ■ Dischrge&Stream Impacts ■Waste Col,Stor,&Treat ®Waste Application Records and Documents Other Issues Certified Operator: Kathy L Smart Operator Certification Number: 21345 Secondary OIC(s): On-Site Representative(s): Name Title Phone 24 hour contact name Tim Smart Phone: Primary Inspector: Edward M Williams Phone: Inspector Signature: Date: Secondary Inspector(s): Inspection Summary: The facility appeared to be well maintained and the record keeping was in good order. i i page: 1 Permit: AWC440052 Owner-Facility: Joseph T Smart Facility Number: 440052 Inspection Date: 01/29/16 Inpsection Type: Compliance Inspection Reason for Visit: Routine Regulated Operations Design Capacity Current promotions Cattle ® Cattle-Milk Cow 150 110 Total Design Capacity: 150 Total SSLW: 210,000 Waste Structures Disignated Observed Type Identifier Closed Date Start Date Freeboard Freeboard Dry Stack DRY STACK 11/01/02 Storage LIQUID STORAGE TANK 11/01/02 3 page: 2 .rmit: AWC440052 Owner-Facility: Joseph T Smart Facility Number: 440052 ,,ion Date: 01/29/16 Inpsection Type: Compliance Inspection Reason for Visit: Routine Discharges&Stream Impacts Yes`No Na No 1. Is any discharge observed from any part of the operation? ❑ ® ❑ ❑ Discharge originated at: Structure Application Field ❑ Other ❑ a.Was conveyance man-made? ❑ ® ❑ ❑ b.bid discharge reach Waters of the State?(if yes, notify DWQ) ❑ ® ❑ ❑ c.What is the estimated volume that reached waters of the State(gallons)? d. Does discharge bypass the waste management system?(if yes, notify DWQ) ❑ ® ❑' ❑ 2. Is there evidence of a past discharge from any part of the operation? ❑ ® ❑ ❑ 3.Were there any observable adverse impacts or potential adverse impacts to Waters of the ❑ ® ❑ ❑ State other than from a discharge? Waste Collection,Storage&Treatment Yes No Na Ne 4. Is storage capacity less than adequate? ❑ ® ❑ ❑ If yes,is waste level into structural freeboard? ❑ 5.Are there any immediate threats to the integrity of any of the structures observed(I.e./large ❑ ® ❑ ❑ trees,severe erosion,seepage,etc.)? 6.Are there structures on-site that are not properly addressed and/or managed through a ❑ ® ❑ ❑ waste management or closure plan? 7. Do any of the structures need maintenance or improvement? ❑ ■ ❑ ❑ 8. Do any of the structures lack adequate markers as required by the permit?(Not applicable ❑ ® ❑ ❑ to roofed pits,dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require ❑ ® ❑ ❑ maintenance or improvement? Waste Application Yes No Na Ne 10.Are there any required buffers,setbacks, or compliance alternatives that need ❑ ® ❑ ❑ maintenance or improvement? 11. Is there evidence of incorrect application? ❑ ® ❑ ❑ If yes,check the appropriate box below. Excessive Ponding? ❑ Hydraulic Overload? ❑ Frozen Ground? ❑ Heavy metals(Cu,Zn,etc)? ❑ PAN? ❑ Is PAN>10%/10 lbs.? ❑ Total Phosphorus? ❑ Failure to incorporate manure/sludge into bare soil? ❑ Outside of acceptable crop window? ❑ Evidence of wind drift? ❑ Application outside of application area? ❑ page: 3 Permit: AWC440052 Owner-Facility: Joseph T Smart Facility Number: 440052 Inspection Date: 01/29/16 Inpsection Type: Compliance Inspection Reason for Visit: Routine Waste Application Yes No Na Ne Crop Type 1 Fescue(Hay,Pasture) Crop Type 2 Corn(Silage) Crop Type 3 Crop Type 4 Crop Type 5 Crop Type 6 Soil Type 1 Soil Type 2 Soil Type 3 Soil Type 4 Soil Type 5 Soil Type 6 14. Do the receiving crops differ from those designated in the Certified Animal Waste ❑ ® ❑ ❑ Management Plan(CAWMP)? 15. Does the receiving crop and/or land application site need improvement? ❑ ® ❑ ❑ 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre ❑ ■ ❑ ❑ determination? 17. Does the facility lack adequate acreage for land application? ❑ ® ❑ ❑ 18. Is there lack of properly operating waste application equipment? ❑ ■ ❑ ❑ i— Records and Documents Yes No Na No 19. Did the facility fail to have Certificate of Coverage and Permit readily available? ❑ M ❑ ❑ 20. Does the facility fail to have all components of the CAWMP readily available? ❑ ® ❑ ❑ If yes,check the appropriate box below. WUP? ❑ Checklists? ❑ Design? ❑ Maps? ❑ Lease Agreements? Other? ❑ If Other,please specify 21. Does record keeping need improvement? ❑ ® ❑ ❑ If yes,check the appropriate box below. Waste Application? ❑ Weekly Freeboard? ❑. Waste Analysis? ❑ Soil analysis? ❑ Waste Transfers? ❑ Weather code? Rainfall? ❑ Stocking? ❑ page: 4 emit: AWC440052 Owner-Facility: Joseph T Smart Facility Number: 440052 .,on Date: 01/29/16 Inpsection Type: Compliance Inspection Reason for Visit: Routine Records and Documents Yes No Na Ne Crop yields? ❑ 120 Minute inspections? ❑ Monthly and 1"Rainfall Inspections ❑ Sludge Survey ❑ 22. Did the facility fail to install and maintain a rain gauge? ❑ ® ❑ ❑ 23. If selected,did the facility fail to install and maintain a rainbreaker on irrigation equipment ❑ ■ ❑ ❑ (NPDES only)? 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ ® ❑ ❑ 25. Is the facility out of compliance with permit conditions related to sludge?If yes,check the ❑ ■ ❑ ❑ appropriate box(es)below: Failure to complete annual sludge survey ❑ Failure to develop a POA for sludge levels ❑ Non-compliant sludge levels in any lagoon ❑ List structure(s)and date of first survey indicating non-compliance: 26. Did the facility fail to provide documentation of an actively certified operator in charge? ❑ ® ❑ ❑ 27. Did the facility fail to secure a phosphorous loss assessment(PLAT)certification? ❑ ® ❑ ❑ Other Issues Yes No Na Ne 28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document ❑ ® ❑ ❑ and report mortality rates that exceed normal rates? 29.At the time of the inspection did the facility pose an odor or air quality concern? If yes, ❑ ® ❑ ❑ contact a regional Air Quality representative immediately. 30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? ❑ ® ❑ ❑ (i.e., discharge;freeboard problems,over-application) 31. Do subsurface tile drains exist at the facility? ❑ ® ❑ ❑ If yes,check the appropriate box below. Application Field ❑ Lagoon/Storage Pond ❑ Other ❑ If Other,please specify 32.Were any additional problems noted which cause non-compliance of the Permit or ❑ ® ❑ ❑ CAWMP? 33. Did the Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ ® ❑ ❑ 34. Does the facility require a follow-up visit by same agency? ❑ ® ❑ ❑ page: 5 ��� '\ '!z / -...., ��_.� PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary ater Resources S. JAY ZIMMERMAN A VIRONMENTAL,QUALITY - Director February 12, 2016 Mr. Johnny Ferguson Johnny Ferguson Farm 191 Ferguson Cove Loop Clyde,North Carolina 28721 Subject: Compliance Inspection Animal Waste Handling System Johnny Ferguson Farm— Facility#44-14 Haywood County Dear Mr. Ferguson: On December 29, 2015, I conducted a routine Compliance Inspection of the animal waste handling system for the Johnny Ferguson Farm. The facility appeared to be well maintained and the record keeping was in good order. Thank you for your assistance during the inspection. If you have any questions regarding this inspection or need assistance of any kind,please do not hesitate to contact me at(828) 296-4500. Please review the Inspection Report for additional comments/observations. i Si c rely, Ed Williams Environmental Senior Specialist Enclosure Cc: Leslie Smathers Haywood County Soil & Water Conservation District 589 Raccoon Road Ste. 203 Waynesville,NC 28786 CAFO Files State of North Carolina I Environmental Quality I Water Resources Asheville Regional Office 2090 US 70 Highway,Swannanoa,North Carolina 28778 828-296-4686 Division of Water Resources El Division of Soil and Water Conservation El Other Agency Facility Number: 440014 Facility Status: Active Permit: AWC440014 Denied Access Inppection Type: Compliance Inspection Inactive Or Closed Date: Reason for Visit: Routine County: Haywood Region: Asheville Date of Visit: 10/29/2015 Entry Time: 11:30 am Exit Time: 12:30 pm Incident# Farm Name: Johnny Ferguson Farm Owner Email: Owner: Johnny B Ferguson Phone: 828-627-9094 Mailing Address: 191 Ferguson Cove Loop Clyde NC 28721 Physical Address: 191 Ferguson Cove Ln Clyde NC 28721 Facility status: Compliant El Not Compliant Integrator: Location of Farm: Latitude: 35°35'53" Longitude: 82°50'05 1-40 West from ARO-take Exit 24,turn right on Hwy.209. Continue to Riverside Drive(SR 1355)and turn left.Go approximately 3 miles, 1 st driveway on left past Pigeon River Bridge. Question Areas: Dischrge&Stream Impacts Waste Col,Stor,&Treat ®Waste Application Records and Documents ■ Other Issues Certified Operator: Vinson D Ferguson Operator Certification Number: 21342 Secondary OIC(s): On-Site Representative(s): Name Title Phone 24 hour contact name Johnny Bruce Ferguson Phone: Primary Inspector: Edward M Williams Phone: Inspector Signature: Date: Secondary Inspector(s): Inspection Summary: The facility appeared to be well maintained and the record keeping was in good order. page: 1 Permit: AWC440014 Owner-Facility: Johnny B Ferguson Facility Number: 440014 Inspection Date: 10/29/15 Inpsection Type: Compliance Inspection Reason for Visit: Routine Regulated Operations Design Capacity Current promotions Cattle ® Cattle-Milk Cow 165 ( 162 Total Design Capacity: 165 Total SSLW: 231,000 Waste Structures Disignated Observed Type Identifier Closed Date Start Date Freeboard Freeboard Storage LIQUID TANK 12.00 Wet Stack WET STACK �J page: 2 rmit: AWC440014 Owner-Facility: Johnny B Ferguson Facility Number: 440014 ,(ion Date: 10/29/15 Inppection Type: Compliance Inspection Reason for Visit: Routine Discharges&Stream Impacts Yes No Na Ne 1. Is any discharge observed from any part of the operation? ❑ ® ❑ ❑ Discharge originated at: Structure ❑ Application Field ❑ Other ❑ a.Was conveyance man-made? ❑ ■ ❑ ❑ b. Did discharge reach Waters of the State?(if yes, notify DWQ) ❑ . ❑ ❑ c.What is the estimated volume that reached waters of the State(gallons)? d. Does discharge bypass the waste management system?(if yes, notify DWQ) ❑ ❑ ❑ 2. Is there evidence of a past discharge from any part of the operation? ❑ ® ❑ ❑ 3.Were there any observable adverse impacts or potential adverse impacts to Waters of the ❑ 0 ❑ ❑ State other than from a discharge? Waste Collection,Storage&Treatment Yes No Na Ne 4. Is storage capacity less than adequate? ❑ ■ ❑ ❑ If yes, is waste level into structural freeboard? ❑ 5.Are there any immediate threats to the integrity of any of the structures observed(I.e./large ❑ e ❑ ❑ trees,severe erosion, seepage,etc.)? 6.Are there structures on-site that are not properly addressed and/or managed through a ❑ ❑ ❑ waste management or closure plan? 7. Do any of the structures need maintenance or improvement? ❑ 0 ❑ ❑ 8. Do any of the structures lack adequate markers as required by the permit?(Not applicable ❑ ® ❑ ❑ to roofed pits,dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require ❑ 0 ❑ ❑ maintenance or improvement? Waste Application Yes No Na Ne 10.Are there any required buffers,setbacks,or compliance alternatives that need ❑ ■ ❑ ❑ maintenance or improvement? 11. is there evidence of incorrect application? ❑ 0 El If yes,check the appropriate box below. Excessive Ponding? ❑ Hydraulic Overload? ❑ Frozen Ground? ❑ Heavy metals(Cu,Zn,etc)? ❑ PAN? ❑ Is PAN> 10%/10 lbs.? ❑ Total Phosphorus? ❑ Failure to incorporate manure/sludge into bare soil? ❑ Outside of acceptable crop window? ❑ Evidence of wind drift? ❑ Application outside of application area? ❑ page: 3 Permit: AWC440014 Owner-Facility: !ohnny B Ferguson Facility Number: 440014 Inspection Date: 10/29/15 Inpsection Type: Compliance Inspection Reason for Visit: Routine Waste Application Yes No Na Ne Crop Type 1 Corn(Silage) Crop Type 2 Fescue(Hay,Pasture) Crop Type 3 Crop Type 4 Crop Type 5 Crop Type 6 Soil Type 1 Soil Type 2 Soil Type 3 Soil Type 4 Soil Type 5 Soil Type 6 14, Do the receiving crops differ from those designated in the Certified Animal Waste ❑ ® ❑ ❑ Management Plan(CAWMP)? 15..Does the receiving crop and/or land application site need improvement? ❑ ® ❑ ❑ 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre ❑ ® ❑ ❑ determination? 17. Does the facility lack adequate acreage for land application? ❑ ® ❑ ❑ 18. Is there a lack of properly operating waste application equipment? ❑ ® ❑ ❑ i Records and Documents Yes No Na Ne 19. Did the facility fail to have Certificate of Coverage and Permit readily available? ❑ ® ❑ ❑ 20. Does the facility fail to have all components of the CAWMP readily available? ❑ NO ❑ If yes,check the appropriate box below. WUP? ❑ Checklists? ❑ Design? ❑ Maps? ❑ Lease Agreements? ❑ Other? ❑ If Other, please specify 21. Does record keeping need improvement? ❑ 0 ❑ ❑ If yes, check the appropriate box below. Waste Application? ❑ Weekly Freeboard? ❑ Waste Analysis? ❑ Soil analysis? ❑ Waste Transfers? ❑ Weather code? ❑ Rainfall? ❑ Stocking? ❑ page: 4 ,mit: AWC440014 Owner-Facility: Johnny B Ferguson Facility Number: 440014 Jon Date: 10/29/15 Inpsection Type: Compliance Inspection Reason for Visit: Routine Records and Documents Yes No Na Ne Crop yields? ❑ 120 Minute inspections? ❑ Monthly and 1"Rainfall Inspections ❑ Sludge Survey ❑ 22. Did the facility fail to install and maintain a rain gauge? ❑ ® ❑ ❑ 23. If selected,did the facility fail to install and maintain a rainbreaker on irrigation equipment ❑ 0 ❑ ❑ (NPDES only)? 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ ® ❑ ❑ 25. Is the facility out of compliance with permit conditions related to sludge?If yes, check the ❑ ■ ❑ ❑ appropriate box(es)below: Failure to complete annual sludge survey ❑ Failure to develop a POA for sludge levels ❑ Non-compliant sludge levels in any lagoon ❑ List structure(s)and date of first survey indicating non-compliance: 26. Did the facility fail to provide documentation of an actively certified operator in charge? ❑ M ❑ ❑ 27. Did the facility fail to secure a phosphorous loss assessment(PLAT)certification? ❑ ® ❑ ❑ Other Issues Yes No Na Ne 28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document ❑ S ❑ ❑ and report mortality rates that exceed normal rates? 29.At the time of the inspection did the facility pose an odor or air quality concern? if yes, ❑ ® ❑ ❑ contact a regional Air Quality representative immediately. f emergency situations as required b Permit? ❑ ❑ ❑ 30. Did the facility fail to notify regional DWQ o g y q Y (i.e., discharge,freeboard problems,over-application) 31. Do subsurface tile drains exist at the facility? ❑ ■ ❑ ❑ If yes, check the appropriate box below. Application Field ❑ Lagoon/Storage Pond ❑ Other ❑ If Other, please specify 32.Were any additional problems noted which cause non-compliance of the Permit or ❑ . ❑ ❑ CAWM P? 33. Did the Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ ■ ❑ ❑ 34. Does the facility require a follow-up visit by same agency? ❑ S ❑ ❑ page: 5 c \ \� - _ :\._ PAT MCCRORY Governor M DONALD R. VAN DER VAART Secretary rVaterResources ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN Director February 12,2016 CERTIFIED MAIL 7014 0510 0000 4466 9182 RETURN RECEIPT REQUESTED Dallas R.Wilcox 4077 Baird Drive Hudson,NC 28638 Subject: NORTH CAROLINA DRY LITTER POULTRY REQUIREMENTS Dry Litter Complaint Caldwell County Dear Mr.Wilcox: On January 26,2016,staff of the North Carolina Division of Water Resources(DWR),Water Quality Regional Operations Section(WQROS),received a complaint referencing your property and the waste management procedures currently being utilized. Attached,please find the North Carolina Dry Litter Poultry Requirements pertaining to the stockpiling and application of dry poultry litter. This guidance document references the applicable DWR Regulations and Statutes that are available to you online at httR1Lpartal.ncdenr.org/-,veb/wq/aps/afo,or upon request through the Division. As a result of the complaint that alleges that your waste is being improperly managed,it is requested that you: 1. Review the attached information. Identify any compliance issues that may exist,address as needed, and document the actions. 2. Submit the documentation described above along with any supporting documentation(i.e.Waste Analysis,Soil Analysis,etc.) and a copy of your Waste Utilization Plan(WUP)to DWR[E-mail: bev.brice a)nedenr.W or use the regional office address located below]. 3. Contact Beverly Price at(828)296-4685 to schedule a Site Visit and/or to determine if additional corrective actions are necessary to resolve the complaint. We are hopeful that we may resolve this complaint in a timely manner. To achieve this,we are requesting that you coordinate with DWR at your earliest convenience. Should you have any questions concerning the complaint received or this letter,please contact Beverly Price at(828)296-4685 or E-mail:bev.price@ncdenr.gov Sincerely, G.Landon Davidson,P.G. Regional Supervisor Water Quality Regional Operations Section Enclosure: North Carolina Dry Litter Poultry Litter Requirements = Cc:Asheville Files G:\WR\WQ\Caldwell\Complaints\Dallas Wilcox Dry Litter Complaint\Dallas Wilcox Dry Litter Letter.docx Asheville Regional Office)Environmental Quality I Water Resources 2090 US Hwy 70 1 Swannanoa,North Carolina 28778 828 296 4500 PAT,MC QRY T. Fi z��rr February 16, 2016 Allen Jones, Manager Mag Bear Lake LLC 412 Lake Forest Drive Tuckasegee, NC 28783 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-LV-0061 Permit No. WQ0029233 Bear Lake Reserve Jackson County Dear Permittee: „review of the September 2015 Non-Discharge Monitoring Report (NDMR) for the subject facility revealed the violation indicated below: Limit Exceedance Violation(s)• Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Coliform, Fecal MF, M-FC 9/29/2015 25 56 Daily Maximum Exceeded Broth,44.5C(31616) Remedial actions,,if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. State of North Carolina Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you have any questions concerning this matter, please contact Beverly Price of the Asheville Regio 828-296-4500. Sincerely, \ G. Landon Davrdson, P.G., Regio pervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File Non-Discharge Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\Jackson\Wastewater\Non-discharge\Bear Lake Reserve\N0V-2016-LV-0061.rtf PAT MCCRORY Governor DONALD R. VAN DER VAART 'AdoSecretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director February 17, 2016 Ronnie Tipton, Interim Public Works Director Town of Burnsville PO Box 97 Burnsville,NC 28714 SUBJECT: Compliance Evaluation Inspection Burnsville WTP Permit No:NCO075965 Yancey County Dear Mr. Tipton: Enclosed please fmd a copy of the Compliance Evaluation Inspection form from the inspection conducted on January 27, 2016. The facility appeared to be in compliance with permit NC0075965. Please refer to the enclosed inspection report for observations and comments. If you or your staff have any luestions,please call me at 828-296-4500. Sincerely, Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enc. Inspection Report cc: Jadd Brewer,ORC(e-copy) Randall Wilson(e-copy) MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\Yancey\Wastewater\Municipal\Bumsville WTP 75965\CEI.1-27-20161tr.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 9282964500 �\ �� 1 �y% /.�/ \�i/ United States Environmental Protection Agency Form Approved. A Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expiresB-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 3 I NCO075965 I11 .12 16ro1/27 17 18 JCJ 19 201 1 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA --------------Reserved----------- 67 70� I 71 L 72 73 I i ►74 751 1 I 1 1 1 1 180 LJ Section B:Facility Data LJ I Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 01:00PM 16/01/27 13/03101 Burnsville WTP Exit Time/Date Permit Expiration Date Resevoir Rd 03:OOPM 16/01/27 16/02/28 Burnsville NC 28714 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Thomas W Storie,PO Box 97 Burnsville NC 287140097/Public Works Director/828-682-2420/8286827757 Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit ® Operations&Maintenance N Records/Reports ® Self-Monitoring Program Facility Site Review ® Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Linda S Wiggs ARO WQ//828-296-4500 Ext.4653/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (Cont.) 31 NCO075965 �11 12 16/01/27 17 18 ICI Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Present during the inspection was Ronnie Tipton. The discharge pipe was observed; it is located at the ditch in front of Brookside Rehabilitation Care on Hwy 197 South. The manhole where sampling is required to take place was observed. It is the manhole nearest the sandfilter tank. Staff confirmed this is where all effluent samples are obtained. The Town of Burnsville is working with their Engineer(McGill)to explore options of removing their wastewater discharge and sending the wastewater to their sewer system or upgrading/replacing their aged sandfilter system: Page# 2 Permit: NCO075965 Owner-Facility: Burnsville WTP .nspection Date: 01/27/2016 Inspection Type: Compliance Evaluation Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable ❑ ❑ ® ❑ Solids, pH, DO, Sludge Judge,and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ® ❑ ❑ ❑ application? Is the facility as described in the permit? ® ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ❑ ® ❑ Is access to the plant site restricted to the general public? ® ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? 0 ❑ ❑ ❑ Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ® ❑ ❑ ❑ Is all required information readily available,complete and current? ® ❑ ❑ ❑ Are all records maintained for 3 years(lab. reg. required 5 years)? ■ ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? 0 ❑ ❑ Is the chain-of-custody complete? ® ❑ ❑ ❑ Dates,times and location ofsampling Name of individual performing the sampling Results of analysis and calibration Dates of analysis Name of person performing analyses Transported COCs Are DMRs complete:do they include all permit parameters? ® ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? 0 ❑ ❑ ❑ (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator ® ❑ ❑ ❑ on each shift? Is the ORC visitation log available and current? ® ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ® ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ® ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? ® ❑ ❑ ❑ Page# 3 Permit: NC0075965 Owner-Facility: Burnsville WTP Inspection Date: 01/27/2016 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Facility has copy of previous year's Annual Report on file for review? ■ ❑ ❑ ❑ Comment: The 24/7 operator and annual report are related to the WTP operations. De-chlorination Yes No NA NE Type of system? Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ ❑ ■ ❑ Is storage appropriate for cylinders? ❑ ❑ ® ❑ #Is de-chlorination substance stored away from chlorine containers? ❑ ❑ ® ❑ Comment: Are the tablets the proper size and type? ® ❑ ❑ ❑ Are tablet de-chlorinators operational? ❑ ❑ ® ❑ Number of tubes in use? Comment: Burnsville staff place de-chlorination tablets in the manhole prior to the sandfilter. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ® ❑ ❑ ❑ i Are the receiving.water free of foam other than trace amounts and other debris? ® ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ® ❑ Comment: See summary. Page# 4 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary , ter Resources ,diRONMENTAL QUALITY S. JAY ZIMMERMAN Director February 17, 2016 CERTIFIED MAIL 7014 0510 0000 4466 9168 RETURN RECEIPT REQUESTED Eddie Obler 1048 Avon Place Cocoa,FL 32922 Subject: NOTICE OF VIOLATION NOV-2016-SS-0003 Other Waste (Landscaping Debris and Sawn Logs) 124 Old Roper Road Henderson County Required Response Date: March 15,2016 Dear Mr. Obler: On February 9, 2016,Andrew Moore and Rob Topolski from the Asheville Regional Office of the Division of Water Resources(DWR)conducted a site inspection of properties on Old Roper Road= (Henderson County PIN # 9660050752) and Asheville Highway(Henderson County-PIN # 9660061085) in Mountain Home. The site inspection was conducted in response to a complaint alleging landscaping waste was being disposed of by placing the waste within an unnamed tributary of Mud Creek (Classified C). During the inspection, landscaping debris including brush, limbs, and sawn logs were observed within approximately 60 linear feet of the stream channel. The waste appeared to have been generated on your property and placed in the stream channel on a neighboring property.As a result of the site inspection, the following violation was identified: VIOLATION I. Other Waste(Landscaping Debris and Sawn Logs)— 15A NCAC 02B .0211 (12)— Approximately sixty(60) feet of an unnamed tributary of Mud Creek(Class C)were impacted by disposal of landscaping debris and sawn logs,representing Water Quality Stream Standard Violation of 15A NCAC 02B .0211 (12). State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy 70 Swannanoa,North Carolina 28778 828 296 4500 Eddie Obler February 17,2016 Page 2 of 2 REQUIRED CORRECTIVE ACTION FOR VIOLATIONS: You are directed to respond to this letter in writing by March 15,2016. Your response should be sent to this office at the footer address or via email to Andrew.W.Mooregncdenr.gov and include the following: 1. Provide an anticipated schedule for removal of the landscaping debris and sawn logs from the stream channel. Thank you for your attention to this matter. This office requires that the violations, as detailed above,be abated immediately and properly resolved. Environmental damage and/or failure to secure proper authorizations have been documented on the subject tract as stated above. Your efforts to undertake actions to bring the subject site back into compliance is not an admission, rather it is an action that must be taken in order to begin to resolve ongoing environmental issues. Pursuant to G.S. 143-215.6A,these violations and any future violations are subject to a civil penalty assessment of up to a maximum $25,000.00 per day for each violation. Your above- mentioned response to this correspondence,the degree and extent of harm to the environment, and the d•,arati^- and I' It of the violation(s)will be considered in any civil penalty assessment process that may occur. Should you have any questions regarding these matters,please contact Andrew Moore at(828) 296-4684 or Andrew.W.Mooregncdenr.gov. Sincerely, C" v G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc: "ARO file Karen Higgins—401 &Buffer Permitting Unit G:\WR\WQ\Henderson\Complaints\Old Roper Road\NOV-2016-SS-0003.12401dRoperRoad.2-17-16.doex PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary ater Resources .NVIRONMENTAt.QUALITY S. JAY ZIMMERMAN Director February 18, 2016 CERTIFIED MAIL RETURN RECEIPT REQUESTED—7014 0510 0000 4466 9175 Jeff Engst- Manager Ryans Family Steak House 1000 Brevard Road Asheville, NC 28806 Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2016-DV-0013(Incident#201501879) Illegal Discharge of Waste Ryan's Family Steak House Inc. Buncombe County, NC Dear Mr. Engst: On December 18, 2015, a representative of the Metropolitan Sewerage District(MSD)reported a sewer overflow at the Ryan's Family Steak House on Brevard Road in Buncombe County. It was reported to this office that the portion of the collection system that was discharging is private and not maintained by MSD.Staff from the Asheville Regional Office (ARO) conducted a site inspection shortly after the complaint was received. Wastewater was observed discharging from two manholes associated with your grease traps and one manhole associated with your sanitary sewer.The wastewater was observed discharging into two storm drains-located directly behind the restaurant. These storm drains discharge to Pond Branch and Hominy Creek,which are both classified as Class C waters. Store Manager Ricky Bates indicated the discharge began on the morning of December 17, 2015 and that a work order had been submitted to your contractor, Liquid Environmental Solutions,who maintains the grease traps. For unknown reasons,the contractor never dispatched a pump truck and the discharge was allowed to continue for more than 24-hours. ARO staff spoke with Regional Operations Manager Rich Nottingham and informed him that the wastewater discharge needed to be abated immediately. A pump truck from Liquid Environmental Solutions did arrive on December 18, 2015 at approximately 5:00 PM.The operator removed all standing water from the grease traps but observed wastewater discharging back into the grease traps.According to the operator, this indicated a blockage further down the sanitary sewer line.The operator also indicated that he had cleaned out the grease traps the previous month and observed dishes and cutlery in the sanitary State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70,Swannanoa,North Carolina 28778 828-296-4500 Jeff Engst February 18,2016 Page 2 of 3 sewer line. He commented that these larger items should not be getting into the system and would continue to cause problems if not properly dealt with. The wastewater discharge was abated at approximately 5:17 PM on December 18, 2015.Rich Nottingham was informed that the wastewater discharge had stopped temporarily but there was still a blockage in the sanitary sewer line. Mr. Nottingham immediately contacted Roto Rooter who arrived later that night and used hydro-jetting to clear the blockage. The site was inspected again on Monday December 21, 2015. Despite the residual grease and debris remaining on the parking lot, there was no visible discharge from the manholes to the nearby storm drains. Violations As a result of the site inspection the following violations are noted: (1) Illegal Discharge of Waste to Waters of the State Item I. Illegal Discharge of Waste to Waters of the State The unauthorized discharge of wastewater as confirmed by the North Carolina Division of Water Resources on December 18, 2015 is a violation of North Carolina General Statute G.S. 143-215.1(a) J (6).The general statute requires that no person shall cause or permit any waste, directly or indirectly,to be discharged to or in any manner intermixed with the waters of the State in violation of the water quality standards applicable to the assigned classifications or in violation of any effluent standards or limitations established for any point source, unless allowed as a condition of any permit, special order or other appropriate instrument issued or entered into by the Commission under the provisions of this Article. Required Response This Office requests that you respond to this letter in writing within 30 days of receipt of this Notice. Your response should be sent to the attention of Brett Laverty, Division of Water Resources, 2090 US Highway 70, Swannanoa, NC 28778. Your response should address the following items: 1. Please submit a report assessing the cause, significance, and extent of the release. In this report, include when you ceased discharging all wastewater to waters of the State. Also indicate what corrective measures you intend to take with regards to excluding large items (i.e. dishware and cutlery)from entering the sanitary sewer. Thank you for your attention to this matter.This office requires that the violations,as detailed above, be abated immediately and properly resolved. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division y 18,2016 _3of3 of Water Resources regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. Shou►d you have any questions regarding these matters, please contact me at (828) 296- 4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc: ARO files _ �\ ""-� - / l ��/ fir" Certified Mail # M4 0510 0000 4466 1070 Return Receipt Requested February 18, 2016 Mr. W. Lane Bailey, City Manager City of Lenoir PO Box 958 Lenoir, NC 28645-0958 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LV-0105 Permit No. NCO023736 Gunpowder Creek WWTP Caldwell County .ar Permittee: A review of the September 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Coliform, Fecal MF, M+C 9/19/2015 400 1,070.79 Weekly Geometric Mean Exceeded Agar,44.5C,24hr(31613) 001 Effluent Coliform; Fecal MF, M+C 9/26/2015 400 576.05 Weekly Geometric Mean Exceeded Agar,44.5C,24hr (31613) 001 Effluent Coliform, Fecal MF, M+C 9/30/2015 200 306.48 Monthly Geometric Mean Exceeded Agar,44.5C,24hr(31613) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. State of North Carolina Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you wish to provide additional information regarding the noted violation, request technical assistance,o discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be'prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify.the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. Additionally and if you have not already done so, you may wish to consider registering to use the Division's new e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs). For more information, please visit the eDMR Website at the following address: http://portal.ncdenr.orci/web/wq/admin/bog/i u/edmr If you have any questions concerning this matter or to apply for an SOC, please contact Janet Cantwell of the Asheville,Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File G:IWP,'',WQ\Caldwell;Wastevlater,Municipai`GL;iipmvder Creek 23736iNOV-NOT-2616-LV-0165.r f PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Water Resources ENVIRONMENTAL OVAUTY S. JAY ZIMMERMAN Director February 18, 2016 Jeff Baird AMCOR Flexibles Inc. 3055 Sweeten Creek Road Asheville, IBC 28803 Subject: Report of Groundwater Sampling and Analysis Annual Event 201S Former Chase Packaging Facility NCDWR Groundwater Incident Number: 5229 Buncombe County, North Carolina Dear Mr. Baird, The Asheville Regional Office has reviewed the subject report which was received on February 16, 2016.The Bunnell-Lammons Engineering Inc. report outlines activities associated with the annual groundwater monitoring at the subject site. Despite significant declines in concentrations at some monitoring wells, contaminant concentrations in excess of the applicable standards are still present at the site.Therefore, annual monitoring should continue at all applicable groundwater wells and the new surface water site (SW-1). I can be reached at (828) 296-4681 or brett.lavert @ncdenr. ov should you have additional questions or concerns. Sincerely, Y r t Brett L 'ver Water Quality Regional Operations Asheville Regional Office cc: ARO file Andrew Alexander-Bunnell-Lammons Engineering Inc State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy,70,Swannanoa,North Carolina 28778 828-296-4500 PAT MCCRORY (rover�t�ir• DONALD R. VAN DER VAART Secret<.:r,; ter Resources S. JAY ZIMMERMA.N .r VIRONMENTAL QUALITY l)ir:+ckli February 18, 2016 Tara Keilberg,Chair Shining Rock Classical Academy P.O. Box 561 Waynesville, NC, 28786 Subject: Permit No.WQ0038299 Shining Rock Classical Academy Wastewater Collection System Extension Permit Haywood County Dear Ms. Keilberg: In accordance with your application received February 11, 2016 we are forwarding herewith Permit No. WQ0038299 dated February 18, 2016, to the Shining Rock Classical Academy (Permittee) for the construction and operation upon certification of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein.This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition IIA: This permit shall not be automatically transferable; a request must be made and approved. Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. It shall be responsibility of the Permittee to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings,6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made,this permit shall be final and binding. State of North Carolina/Environmental Quality/Water Resources 2090 U.S.Hwy.70,Swannanoa,N.C. 28778 828-296-4500 Shining Rock Classical Academy Permit No.WQ0038299 If you need additiona► information concerning this matter, please contact Tim Heim at(828) 296-4500 or via e-mail at tim.heim@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ cc: Warren Sugg, P.E.—Civil Design Concepts, PA(electronic copy) David Foster-Town of Waynesville WWTP ARO Office Files Water Resources Central Files PERCS(electronic copy) G:\WR\WQ\Haywood\Collection Systems\Waynesville WQCS00039\WQ0038299 Shining Rock Classical Academy.docx Page 2 of 8 NUW Environmental Quality WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,and other applicable Laws, Rules,and Regulations, permission is hereby granted to the Shining Rock Classical Academy Haywood County for the construction and operation of approximately 446 linear feet of 6-inch gravity sewer to serve a 392 student school without cafeteria, gym or showers as part of the Shining Rock Classical Academy project, and the discharge of 3,920 gallons per day of collected domestic wastewater into the Town of Waynesville's existing sewerage system, pursuant to the application received February 11,2016 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 Environmental Quality and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Permit Number: WQ0038299 Permit Issued: February 18,2016 Page 3 of 8 SUPPLEMENT TO PERMIT COVER SHEET Shining Rock Classical Academy is hereby authorized to: Construct, and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the Town of Waynesville Wastewater Treatment Facility in accordance with Permit Number NC0025321. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T;the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design,criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions identified below. I. STANDARD CONDITIONS 1. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may may not be approved. [15A NCAC 02T.0104; G.S 143-215.1(d3)] 2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. [15A NCAC 02T.01101 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. [15A NCAC 02T.0110] 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required,the following performance criteria shall be met: [15A NCAC 02T.0108(b)]: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. Page 4 of 8 An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B.0506(a), and public notice shall be provided as required by North Carolina General Statute§143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. Thie.plan shall also include legal means for inspections of the grease interceptors,enforcement for violators and the legal means to control grease entering the system from other public and private satellite, sewer systems. 2. For privately owned collection systems,the Grease Control Program shall include at least bi- annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1)and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. 5. The Permittee shall report by telephone to a water resources staff member,at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours, following the occurrence or first knowledge of the occurrence of either of the following: -a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage,etc.;or b. Any SSO and/or spill over 1,000 gallons;or c. Any 5SO and/or spill,regardless of volume,that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number(800) 858-0368 or (919) Page 5 of 8 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing ar. submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. [G.S. 143- 215.1C(a1)] 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. [15A N,CAC 02T.0108(b)) 7. Upon completion of construction and prior to operation of these permitted facilities,the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately filed with the applicable County`s Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: a. One copy of the project construction record drawings (plan & profile views of sewer lines & force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes,etc. b. One copy of the supporting applicable design calculations including pipe and pump sizing, velocity,pump cycle times, and level control settings,pump station buoyancy, wet well storage, surge protection, detention time in the wet well, and force main, ability to flush low points in force mains with a pump cycle, and downstream sewer capacity analysis. If a portable power source or pump is dedicated to multiple stations, an evaluation of all the pump stations'storage capacities and the rotation schedule of the portable power source or pump, include travel timeframes,shall be provided. c. Changes to the project that do not result in non-compliance with this permit, regulations, or the Minimum Design Criteria should be clearly identified on the record drawings,on the certification in the space provided,or in written summary form. Prior to Certification(Final or Partial): Permit modifications are required for any changes resulting in non-compliance with this permit (including pipe length increases of 10% .or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the number/type of connections), regulations, or the Minimum Design Criteria. Requested Page 6 of 8 ,odifications or variances to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After-construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification&activation. [15A NCAC 02T.0116] 8. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and;shall not be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined, a slope variance can be requested from the Division with firm supporting documentation. This shall be done through a permit modification with fee: Such variance requests will be evaluated on a case-by-case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification. [ 15A NCAC 02T.0105(n)] 9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. [15A NCAC 02T.0116] 10. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and. Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. [15A NCAC 02T.0104; 15A NCAC 02T.0108(b-c)] 11. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. [15A NCAC 02T.0110; 15A NCAC-02T.0108(b)] 12. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by the Division any other Federal, State, or Local government agencies which have jurisdiction or obtaining other permits which maybe required by the Division or any other Federal, State,of Local government agencies. [G.S. 143-215.1(b)] Page 7 of 8 FAST TRACK SEWER ENGINEERING CERTIFICATION PERMITTEE SHINING ROCK CLASSICAL ACADEMY PERMIT#: WQ0038299 PROJECT: SHINING ROCK CLASSICAL ACADEMY ISSUE DATE: February 18,2016 This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the Division has received this Certification and all required supporting documentation. It should be submitted in a manner that documents the Division's receipt. Send the required documentation to the Regional Supervisor, Water Quality Regional Operations Section at the address at the bottom. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up until a final certification is received. A Final Certification shall be a complete set of record drawings and design calculations regardless of whether partials have been submitted. PERMITTEE'S CERTIFICATION I,the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards& requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee; and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name,Title Signature Date ENGINEER'S CERTIFICATION 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 Shining Rock Classical Academy and location as referenced above for the above Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Resources' (Division)Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's Seal w/signature &date: ❑ Final ❑ Partial (include description) .........................................................................: Certification Comments/Qualifiers(attach if necessary): NC DWR—Water Quality Regional Operations Section 2090 US Hwy 70 Swannanoa, NC 28778 Asheville Regional Office Phone: (828)-296-4500 FAX:(828)-299-7043 JA �� triar February 18,2016 Gary A. Williams The.Wilds Christian Association Inc. 1000 Wild's Ridge Rd Brevard,NC 28712 7273 SUBJECT: Compliance Evaluation Inspection The Wilds Christian Camp WWTP Permit No: NCO024376 Transylvania County Dear Mr. Williams: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on February 16,2016. The facility appeared well maintained and operated and was found to be in compliance with permit NCO024376 for The Wilds Christian Camp Wastewater Treatment Plant. The following additional items were noted during the inspection. • Removing corrosion and repainting parts of the equalization basin where applicable should be considered during future maintenance events. Please refer to the enclosed inspection report for additional observations and comments. The assistance provided by Paul Johnson, ORC during the inspection was greatly appreciated. If you or your staff have any questions,please call me at 828-296-4500. Sincerely, Tim Heim,P.E. Environmental Engineer Enc. cc: Paul Johnson, ORC MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\Transylvania\Wastewater\Minors\The Wilds 24376\CEI letter 02-16-2016.doc State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 f i1 Z v f 3 h 3 United States Environmental Protection Agency Form Approved. ,JA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN I 2 15 ► 3 I NCO024376 I11 12 16102/16 17 18 JCJ 19 1 G 1 201 2111111111111111111IIIIIIIIIIIIII �IIIIIII � � � � 166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----------------Reserved------------ 67 70 ILI 71 U 72 I N ( 73I I 174 751 I I I 1 J � �80 � Section B:Facility Data L_i Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 01:OOPM 16/02/16 12/12/01_ The Wilds Christian Camp 1000 Wild's Rdg Rd Exit Time/Date Permit Expiration Date Brevard NC 287127273 03:OOPM 16/02/16 17/08/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Paul David Johnson/ORC/828-884-7811/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Steven Karl Hill,1000 Wiild's Rdg Rd Brevard NC 287127273/O RC/828-884-7811/8288624813 No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) ® Permit ® Flow Measurement ® Operations&Maintenance ® Facility Site Review ® Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Robert Topolski ARO WQ//828-296-4500/ Timothy H Heim ARO WQ//828-296-4665/ ( �� Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 31 NCO024376 I1 12 16/02/16 17 18 I C' Section D:Summary of FindinglComments(Attach additional sheets of narrative and checklists as necessary) Tim Heim and Rob Topolski of the Asheville Regional Office performed a Compliance Evaluation Inspection on February 16th, 2016. Paul Johnson (ORC)of The Wilds Camp was present during the inspection. The facility appeared well maintained and operated at the time of the inspection. Removing corrosion and repainting parts of the equalization basin should be considered during future maintenance events. Page# 2 Permit: NCO024376 Owner-Facility: The Wilds Christian Camp inspection Date: 02/16/2016 Inspection Type: Compliance Evaluation Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable ® ❑ ❑ ❑ Solids, pH, DO, Sludge Judge,and other that are applicable? Comment: Process control parameters include DO, pH,Alkalinity. Settleable solids. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ ® ❑ application? Is the facility as described in the permit? ® ❑ ❑ ❑ #Are there any special conditions for the permit? ® ❑ ❑ ❑ Is access to the plant site restricted to the general public? ® ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ® ❑ ❑ ❑ Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ® ❑ ❑ ❑ Are surface aerators and mixers operational? ® ❑ ❑ ❑ Are the'diffusers operational? ® ❑ ❑ ❑ Is the foam the proper color for the treatment process? ■ ❑ ❑ ❑ Does the foam cover less than 25%of the basin's surface? ® ❑ ❑ ❑ Is the DO level acceptable?: ❑ ❑ ❑ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ Comment: ORC Reports DO levels drop below 1 mg/I during high load in summer, however the facility continues to meet discharge limits. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ® ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ® ❑ Are weirs level? ® ❑ ❑ ❑ Is the site free of weir blockage? ® ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ® ❑ ❑ ❑ Is scum removal adequate? ® ❑ ❑ ❑ Page# 3 Permit: NC0024376 Owner-facility: The Wilds Christian Camp Inspection Date: 02/16/2016 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the site free of excessive floating sludge? ® ❑ ❑ ❑ Is the drive unit operational? ❑ ❑ ® ❑ Is the return rate acceptable(low turbulence)? ® ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ® ❑ ❑ ❑ Is the sludge blanket level acceptable?(Approximately''/4 of the sidewall depth) ❑ ❑ El 0 Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ® ❑ ❑ ❑ Are the tablets the proper size and type? ® ❑ ❑ ❑ Number of tubes in use? 2 Is the level of chlorine residual acceptable? ❑ ❑ ❑ Is the contact chamber free of growth, or sludge buildup? ® ❑ ❑ ❑ Is there chlorine residual prior to de-chlorination? ❑ ❑ ❑ Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall property maintained? ® ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ® ❑ ❑ .❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ® ❑ Comment: Page# 4 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary ater Resources ..vlRONMENTALQUALMY S. JAY ZIMMERMAN Director February 19, 2016 DWR# 15-1327 Avery County Resource Institute, LLC Phillip Barrier et al. Attn: Charles Anderson 260 Old Hanging Rock Road 2714 Henning Drive Newland, NC 28657 Winston-Salem, NC 27106 Weatherman of Spruce Pine Attn:Joyce Dianne Singleton 152 Conrad Lane Spruce Pine, NC 28777 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Barrier Stream Enhancement Project Dear Mr. Anderson, Mr. Barrier, and Ms. Singleton: You have our approval for the impacts listed below for the purpose described in your application dated December 18, 2015, and received by the Division of Water Resources (Division) on December29, 2015, with additional information received February 17, 2016. These impacts are covered by the attached Water Quality General Certification Number 3885 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Number 27 once it is issued to you by the U.S.Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project,including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, Water Supply Watershed,and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s)'or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific.and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70 1 Swannanoa,North Carolina 28778 828 296 4500 Barrier Stream Enhancement'F,, DWR#15-1a 401 Approval\ Page 2 of 3 \ Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Streams Impact S1 1,813 feet Impact S2 15 feet Impact S3 20 feet Impact S4 16 feet 2. This approval is for the purpose and design described in your application.The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project,you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certifications) and is responsible for complying with all conditions.,[15A NCAC 02H .0507(d)(2)] 3. The stream is a Class WS-IV;Trout Waters. In order to protect downstream uses for Class WS-IV; Trout Waters a requirement of this Certification is that any additional work conducted within the stream may not occur between the dates of January 1 through April 15. [15A NCAC 02H .0506 (b)(2) and 15A NCAC 046 .0125] 4. The designer or his designee shall supervise the installation of in-stream structures. [15A NCAC 02.H .0506(b)(2)] 5. Native vegetation shall be used throughout this project.All tree and shrub plantings within the proposed planting buffer on both sides of the stream shall be protected from mowing or clearing. [15A NCAC 02H .0506(b)(2)] 6. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or two bankfull events(whichever is longer), and then annually until the site is stable (particularly after storm events) and vegetation is successful. Any failures of structures, streambanks, or vegetation may require future repairs or replacement,which requires coordination with the Asheville Regional Office to ensure the stability and water quality of the stream and downstream waters. [15A NCAC 02H .0506(b)(2) and (b)(3)] 7. The permittee shall ensure that mature trees within the buffer areas will be protected as much as feasible during the construction of this project. [15A NCAC 02H .0506(b)(2)] _ Barrier Stream Enhancement Project DWR#15-1327 401 Approval Page 3 of 3 8. This authorization exempts the Permittee from meeting Condition#7 (dewatering) in the attached general certification for the placement of in-stream structure material into the North Toe River. The Permittee shall take all reasonable measures to construction in.-stream structures while keeping heavy equipment out of the stream channel. Stream flow will be diverted around work areas as much as practicable. All reasonable steps must be to limit the amount of disturbance in the channel and to therefore reduce downstream turbidity during construction.This exemption does not relieve the Permittee of meeting stream standards as indicated in 15A NCAC 0213. [15A NCAC 02H .0506(f)] 9. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)] 10. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 anto 5 pm at the Asheville Regional Office at 828.296.4500 and after hours and on weekends call (800)858-0368. Management of such spills shall.comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A] 11. The proposed project shall follow the recommendations stated in the North Carolina Wildlife Resources Commission (NCWRC) comment letter dated January 15, 2016 (attached)to the maximum extent;practical. [15A NCAC 02H .0506(b)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60)calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000 for information. Apetition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) _ business days following the faxed transmission. Mailing address for the OAH: Barrier Stream Enhancement r.. DWR#15-1z 401 Approval Page 4 of 3 If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Andrew Moore at 828-296-4684 or Andrew.W.Moore@ncdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3885 Certificate of Completion NCWRC letter dated January 15, 2016 cc: Aaron Earley—Wildlands Engineering Inc. (via email) William Elliot—USACE Asheville Regulatory Field Office (via,email) Andrea Leslie NCWRC (via email) Stan Aiken—Division of Energy, Mineral, and Land Resources (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit G:\WR\WQ\Avery\401s\Non-DOT\BarrierStream Enhancement Project\APRVL.BarrierStreamEnhancementProject.2-19-2016.docx PAT MCCRORY ® Govemor DONALD R. VAN DER VAART Secretary aterResources S. JAY ZIMMERMAN .NVIRONMENTAL QUALITY Director February 19, 2016 CERTIFIED MAIL RETURN RECEIPT REQUESTED Floyd (Ed) and Lisa Jillson Return Receipt#7014 0510 0000 4466 9205 1285 Near Ocean Drive Vero Beach FL 32963-0000 Sims Construction Return Receipt#7014 0510 0000 4466 9212 Attn: Vinson Sims 833 Joe Brown Highway Murphy,NC 28906 Tim Pratt Return Receipt#7014 0510 0000 4466 9229 435 Allen Bell Road" Murphy,NC 28906 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT 18050 Joe Brown Hwy NOV-2016-PC-0051 Failure to Secure 401 Cherokee County Response deadline: March 19,2016 Dear Mr. & Mrs. Jillson, Mr. Sims &Mr. Pratt: On December 29, 2015, Tim Fox from the Asheville Regional Office of the Division of Water Resources (DWR) conducted a site inspection at 18050 Joe Brown Hwy(PIN 455600165224000) in Cherokee County. Fill material was placed and observed below the ordinary high water mark in Moccasin Creek and an un-named tributary to Moccasin Creek, a Classified C; Tr water. 401.WQC violations were noted during the inspection and file review. As a result of the site inspection and file review,the following violations were identified: State of North Carolina I Environmental Quality I Water Resources 2690 U.S.Hwy 70 1 Asheville,North Carolina 28778 828 296 4500 180iO Job;Brovm i-, FeorLiary 19, 20i'", VIOLATIONS I. Failure to Secure a 401 Water Quality Certification (WQC) A review of records confirmed that neither the DWR nor the US Army Corps of Engineers (USACOE)has received an application for a 404 Permit or 401 WQC,prior to the impacts evaluated on-site. Such an application is required pursuant to Section 404 of the Clean Water Act and Part 15A of North Carolina Administrative Code 2H .0500. REQUIRED RESPONSE The DWR requests that you respond by March 19, 2016. Your response should be sent to the attention of Tim Fox,Division of Water Resources, 2090 US HWY 70, Swannanoa,NC 28778 and should address the following items: Two (2) options exist to resolve the violations related to the 401 Water Quality Certification: 1. Apply to the U.S. Army Corps of Engineers for and receive a 404 Permit pertaining to the culvert installation, stream modifications or fill that has. occurred. A 401 WQC will be required if the activities are permitted by the Corps. The application process as described does not guarantee the impacts will be approved. 2. Restore the stream to pre-existing conditions. a. includes the removal of the impacts,restoration of the stream channel as well as the restoration of the streambank and buffer along the stream. If pursuing Option 1: 1. Contact the U. S. Army Corps of Engineers to determine the permitting needs of the activities you have undertaken. The Asheville office phone number is(828) 271-7980. 2. Provide a proposed schedule of when you expect to have the required Pre- Construction Notification(401 WQC application) submitted to DWR. If pursuing Option 2: i February- 19, 20116 1. Please submit a Stream Restoration Plan to this office for review and approval. You must secure an environmental consultant experienced in stream restoration to assist you with development of your plan and authorization necessary to achieve compliance. The plan must include the removal of the impacts, restoration of the stream channel as well as the restoration of the streambank and buffer along the stream. It is recommended that your consultant contact Tim Fox of the Asheville Regional Office for additional guidance during plan development. The plan should include the following: a. A proposed schedule with dates that indicate when you expect to begin and complete the restoration work. b. Once the plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Tim Fox. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Resources regarding these issues and any future/continued violations that may be encountered. Your above- mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above,be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters,please contact Tim Fox at (828) 296-4500 or tim.foxna ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc: David Brown-USACE (via email) Andrea Leslie -NCWRC (via email) Karen Higgins - 401 & Buffer Permitting Unit Stan Aiken- Division of Energy,Mineral, and Land Resources ARO File Copy G:\WR\WQ\Cherokee\Complaints\18050 Joe Brown Hwy\NOV-2016-PC-005118050JoeBrownHwy2-19-16.docx .. .. l �. /... PAT MCCRORY ® Governor DONALD R. VAN DER VAART Secretary aterResources S. JAY ZIMMERMAN <NVIRONMENTAL QUALITY Director February 19,2016 CERTIFIED MAIL RETURN RECEIPT REQUESTED Return Receipt# 7014 0510 0000 4466 9199 Burlingame Property Owners Association, Inca Attn: William M Lindsey, Registered Agent P.O. Box 157 Sapphire,NC 28774 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Repairs to Winding Creek Dam NOV-2016-PC-0050 Stream Standard Violation- Other Waste (In-stream sediment) Removal of Best Usage Transylvania County Response deadline: March 19,2016 Dear Mr. Lindsey: On February 5, 2016,Tim Fox from the Asheville Regional Office of the Division of Water Resources (DWR) conducted a site inspection at the Winding Creek Dam in the Burlingame Development in Transylvania County. Stream standard violations were noted during the inspection. Sediment impacts to James Creek, classified C+;waters were documented. As a result of the site inspection and file review,the following violations were identified: VIOLATIONS I. Stream Standard Violation Other Waste (In-stream sediment) 15A NCAC 02B .0211 (12)—an undetermined length of James Creek classified C+; was impacted by sediment deposition measured up to 12 inches in depth in the observed stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (12). i State of North Carolina Environmental Quality I Water Resources 2090 U.S.Highway 70 1 Asheville,North Carolina 28778 828 296 4500 Winding Creek Dann R.ei3d-,,, February 19 , 20l`t, age 2 II. Removal of Best Usage- 15A NCAC 02B.0211 (2)—Title 15A North Carolina Administrative Code 02B .0211 (2)requires that"The waters shall be suitable for aquatic life propagation and maintenance of biological integrity,wildlife, secondary recreation, and agriculture; sources of water pollution which preclude any of these uses on either a short-term or long-term basis shall be considered to be violating a water quality standard." REQUIRED RESPONSE The DWR requests that you respond by March 19,2016. Your response should be sent to the attention of Tim Fox, Division of Water Resources, 2090 US HWY 70,.Swannanoa,NC 28778. You are encouraged to secure an environmental consultant to assist with your plan development and authorization necessary to achieve compliance. It is recommended that your consultant contact Mr. Fox for additional guidance during plan development. The response should address the following items: 1. Stream Standard - Other Waste (In-Stream Sediment)and Removal of Best Usage a. Please immediately stabilize the area that is contributing sediment to the stream using best management guidelines. b. Please provide a map of the project area and impacted areas downstream. The map must include all streams and wetlands, detailing sediment impacts both on- and off-site. c. Sediment impacts to the streams on-site and downstream of the site must be removed. Please submit a Sediment Removal Plan(Plan)to this office for review and approval. The Plan must address removal of accumulated sediment from all surface waters. You must secure an environmental consultant experienced in stream restoration to assist you with developing your Plan, and obtaining any necessary approvals. The Plan should include: • A narrative explaining how sediment will be removed including techniques, manpower and tools to be used. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. • A diagram of the stream channel, referenced with photo documentation of sediment impacts before and after removal. Winditig 'Creek Dam Repairs February 191 2016 P« �e 3 ® A narrative explaining how and where the removed sediment will be disposed and stabilized. ® A narrative explaining how turbidity standards will not be exceeded. d. Once the work is complete,a final report documenting the results of the sediment removal activities should be submitted toTim Fox. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Resources regarding these issues and any future/continued violations that may be encountered. Your above- mentioned response to this correspondence will be considered in this process: This office requires that the violations, as detailed above, be abated immediately. Pursuant to G.S. 143-215.6A, 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 Tim Fox at(828) 296- 4664 or im.foxLwncdenr.gov. Sincerely, � G. Landon Davidson, P.G. Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc: Terry Allen- T.E. Allen Engineering, PC (via email) David Brown—USACE (via email) Andrea Leslie—NCWRC (via email) Karen Higgins, 401 &Buffer Permitting Unit ARO File Copy G:\WR\WQ\Transylvania\401s\Non-DOT\Winding Creelc\NOV\NOV-2016-PC-0050.WindingCreekDam2-18-2016.docx PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary WaterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director February 23, 2106 Louise Ponder 10 S. Turkey Creek Rd. Leicester,NC 28748 SUBJECT: Compliance Sampling Inspection 10 South,Turkey Creek Road Permit No: NCG551066 Buncombe County Dear Ms. Ponder: Enclosed please find a copy of the Compliance Sampling Inspection form from the inspection conducted on February 4, 2016. Rob Topolski with the Division of Water Resources and I met with Larry Mitchell with Golden Brook Assisted Living, your Lessee. The facility appeared to be in compliance with permit NCG551066. .j'lease refer to the enclosed inspection report for the inspection observations and comments. If you or your staff have any questions,please call me at 828-296-4500. Sincerely, Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enc. Inspection Report cc: Larry Mitchell-PO Box 1807 Leicester,NC 28748 MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\Buncombe\Wastewater\GeneIal\NCG55 Single Family Residence\551066 Louise Ponder\CS1.2-2016.Ltr.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 828 296 4500 ,. .� f �,\ E ;_. �_ � United States Environmental Protection Agency Form Approved. f A Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 u 2 15 1 3 I NCG551066 111 121 16/02/04 17 18 l e i 19 I Gj 20I 2111111 -1 1111111111111111111111111 11111111111 f6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ------------Reserved----------- 67 70 L_j 71 I ' 72 � N 73I ' (74 751 III I I � �80 Section B:Facility Data LJ I I 1 Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 01:30PM 16/02/04 13/08/01 10 South Turkey Creek Road 10 S Turkey Creek Rd Exit Time/Date Permit Expiration Date Leicester INC 28748 03:30PM 16/02/04 18/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Louise Ponder,10 S Turkey Creek Rd Leicester INC 28748//828-683-4792/ Contacted Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit ® Flow Measurement Operations&Maintenance ® Records/Reports ■ Self-Monitoring Program Facility Site Review Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Linda S Wiiggs ARO WQH828-296-4500 Ext.4653/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (Cont.) \\ 31 NCG551066 I11 12 16/02/04 17 18 I S 1 Section D:Summary of Finding/Comments(Attach additional sheetsof narrative and checklists as necessary) Present during the inspection was Larry Mitchell Louise Ponder is the property owner who leases this property to Mitchell Heights LLC. Larry Mitchell is the Registered Agent/Manager. The establishment is the Golden Brook Assisted Living.They house 5 residents and 3 staff. Rob Topolski, new staff with DWR, was also present. We discussed the importance of water conservation by staff and residents and the maintenance of the system, specifically related to the septic tank pumping regimen. Mr. Mitchell stated the tank is being pumped 2-3/year; it was suggested that could be increased to 4/yr. Mr. Mitchell has contacted RPB (Robert Barr)regarding an O&M/Sampling contract. It was suggested this contract be considered since there is potentially a high demand on the system. Money spent upfront would be well worth it versus a system failure. We also touched on making sure there is no run on from roof drains or stormwater flows to the system.The proper chemicals need to be used. This system only has chlorination; Mr. Mitchell was directed to websites for purchasing the proper chemicals. Sampling was not performed,to Mr. Mitchell's knowledge, prior to 2015. He has performed two sampling/flow events recently. Pace was the laboratory. The first sampling event(12/14/2015) results were:TSS 15.5 mg/l, BOD 6.8 mg/1 and Fecal 6,000 col/100ml. Flow for that event was reported as 411 GPD. Mr. Mitchell and the inspector discussed the elevated fecal number; he then purchased the proper disinfection tablets. The second sampling event(1/7/2016) results were:TSS 24 mg/I, BOD 2.3 mg/Land Fecal 7 col/100ml. Flow was reported as 822 GPD. DWR samples were obtained during this inspection.The results are as follows: J BOD 9.6 mg/I TSS 20 mg/I Fecal 1 col/100m1 Page# 2 Permit: NCG551066 Owner-Facility: 10 South Turkey Creek Road Inspection Date: 02/04/2016 Inspection Type: Compliance Sampling Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT,Settleable ❑ ❑ ® ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: Mr. Mitchell (lessee)was informed of the importance of water conservation by staff and residents as well as not allowing unacceptable items(oils/grease raps/wipes etc)to be diposed of down the drain.The maintenance of the system specificallv related to the septic tank pumping regimen, is essential. Currently they are pumping 2-3/yr via Mikes Septic Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ ® ❑ application? Is the facility as described in the permit? ® ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ❑ ■ ❑ Is access to the plant site restricted to the general public? ❑ ❑ N ❑ Is the inspector granted access to all areas for inspection? N ❑ ❑ ❑ Comment: Permittee is current on annual fees. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ❑ ❑ ❑ Is all required information readily available, complete and current? ■ ❑ ❑ ❑ Are all records maintained for 3 years(lab. reg. required 5 years)? ❑ ® ❑ ❑ Are analytical results consistent with data reported on DMRs? ❑ ❑ 0 ❑ Is the chain-of-custody complete? ® ❑ ❑ ❑ Dates, times and location of sampling ■ Name of individual performing the sampling Results of analysis and calibration Dates of analysis Name of person performing analyses Transported COCs ❑ Are DMRs complete:do they include all permit parameters? ❑ ❑ ■ ❑ Has the facility submitted its annual compliance report to users and DWQ? ❑ ❑ ® ❑ (if the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator ❑ ❑ ® ❑ on each shift? Is the ORC.visitation log available and current? ❑ ❑ ® ❑ Is the ORC certified at grade equal to or higher than the facility classification? ❑ ❑ ■ ❑ Page# 3 Permit: NCG551066 Owner Facility: 10 South Turkey Creek Road Inspection Date: 02/04/2016 Inspection Type: Compliance Sampling Record Keeping Yes No NA NE Is the backup operator certified at one grade less or greater than the facility classification? ❑ ❑ 0 ❑ Is a copy of the current NPDES permit available on site? ® ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ❑ ❑ N ❑ Comment: Sampling was not performed,to Mr.Mitchell's knowledge, prior to 2015 Septic Tank Yes No NA NE (If pumps are used)Is an audible and visual alarm operational? ❑ ❑ i ❑ Is septic tank pumped on a schedule? ® ❑ ❑ ❑ Are pumps or syphons operating properly? ❑ ❑ E ❑ Are high and low water alarms operating properly? ❑ ❑ N ❑ Comment: Mr. Mitchell stated the tank is being pumped 2-3/year; it was suggested that could be increased to 4/yr. Sand Filters (Low rate) Yes No NA NE (If pumps are used)Is an audible and visible alarm Present and operational? ❑ ❑ . ❑ Is the distribution box level and watertight? ❑ ❑ ® ❑ Is sand filter free of ponding? ® ❑ ❑ Is the sand filter effluent re-circulated at a valid ratio? ❑ ❑ ® ❑ #Is the sand filter surface free of algae or excessive vegetation? ❑ ❑ . ❑ #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) ❑ ❑ ■ ❑ Comment: The sand filter is buried, however there was no ponding/surfacing.noted. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? 0 ❑ ❑ ❑ Are the tablets the proper size and type? ® ❑ ❑ Number of tubes in use? 2 Is the level of chlorine residual acceptable? ❑ ❑ ❑ Is the contact chamber free of growth, or sludge buildup? ® ❑ ❑ El Is there chlorine residual prior to de-chlorination? ❑ ❑ El 0 Comment: This system only has chlorination: Mr. Mitchell was directed to websites for purchasing the proper chemicals. It was also pointed out to make sure that the roof drains are not directed towards the tablet chlorinator. De-chlorination Yes No NA NE Type of system? Page# 4 Permit: NCG551066 Owner-Facility: 10 South Turkey Creek Road Inspection Date: 02/04/2016 Inspection Type: Compliance Sampling De-chlorination Yes No NA NE Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ ❑ ® ❑ Is storage appropriate for cylinders? ❑ ❑ ® ❑ #Is de-chlorination substance stored away from chlorine containers? ❑' ❑ . ❑ Are the tablets the proper size and type? ❑ ❑ ■ ❑ Comment: This system does not have a dechlorination system. If repairs are needed in the future a dechlorination device will need to be added. Are tablet de-chlorinators operational? ❑ ❑ ® ❑ Number of tubes in use? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ® ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ® ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ ❑ Comment: There is no step aeration in place. Mr. Mitchell has added some stone in an attempt to dissipate the chlorine. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ❑ ❑ ® ❑ Is sample collected below all treatment units? ❑ ❑ ® ❑ Is proper volume collected? ❑ ❑ ® ❑ Is the tubing clean? ❑ ❑ ■ ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees ❑ ❑ ® 0 Celsius)? Is the facility sampling performed as required by the permit(frequency, sampling type ® ❑ ❑ ❑ representative)? Comment: See summary and sampling-comment above. Sampling will now take place as required. Because the 2016 sampling event was close to the 2015 event and in response to an elevated fecal count, another 2016 sampling event needs to take place. It is suggested the summer of 2016. Page# 5 �� _ � - .. � /-� I �,� 1 \:J PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary WaterResources ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN Director February 23, 2016 CERTIFIED MAIL RETURN RECEIPT REQUESTED-7014 0510 0000 4466 9366 Dennis Daveluy Coats North America 1710 Brevard Road Hendersonville, NC 28791 Subject: Findings of AST Storage Area Investigation Incident#201600351 Coats North America—Hendersonville Plant Henderson County,NC Dear Mr. Daveluy: On December 3, 2015, the North Carolina Division of Water Resources (DWR)Asheville Regional Office (ARO) received an anonymous written complaint concerning the Coats North America Plant located at 1710 Brevard Road in Henderson County. The complaint alleges that#2 fuel oil and/or other fluids may be discharging to Wash Creek from a tank farm located in back of the plant. initially inspected the tank farm on December 4, 2015.Water was observed discharging from a metal valve on the south side of the tank farm at a rate of less than 1 gallon per minute.The soils down gradient of the valve discharge are water-saturated as evident by the stressed/dead vegetation,which is visible on aerial images dating back to 2007. The water from the metal valve was observed discharging to Wash Creek; a'Class B stream within the Mud Creek and French Broad River Watersheds. It is important to note that Mud Creek is listed on the state's list of impaired streams (303-d) due to impacted fish and macroinvertebrate communities. returned on December 9, 2015 to collect water samples from the valve discharge. All water samples were analyzed for fecal coliform bacteria,volatile organic compounds, and semi- volatile organic compounds. Samples analyzed by the DWR laboratory contained detections of toluene, 2-propanol, acetone, dimethoxymethane, hexanediamine, and tetraazatricylodecane. The analytical results are provided in the table below. The analytical data sheets are attached to this correspondence. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70,Swannanoa,North Carolina 28778 828-296-4500 Dennis Daveluy February 23,2016 Page of 3 Analytes Date Concentration Qualifier ug/I Toluene 12/9/2015 1.0 2-Propanol 12/9/2015 790 N1 Acetone 12/9/2015 220 N1 Methylal 12/9/2015 21 N1 Hexanediamine 12/9/2015 8.8 N1 Tetra azatricylodecane 12/9/2015 10 N1 N1 - The component has been tentatively identified based on mass spectral library search. A multi-parameter datasonde (Hydrolab DS5X) was used to collect baseline water quality data at the valve discharge and inside the [tank farm] containment area. It is important to note that there were approximately 2 feet of rainwater in the secondary containment area on December 9, 2015.The field data is provided in the table below, Field Parameters Valve Discharge Tank Farm Containment Area Temperature (Celsius) 8.97 8.12 Specific Conductivity (µS/cm) 132.8 - 125.9 Dissolved Oxygen (mg/1) 3.66 4.98 pH (standard units) 4.34 4.21 Oxidation Reduction Potential (mv) 469 491 Given the similarities in the field data and the previous connections between the sump box and the metal valve, I have concluded that the rainwater in the containment area is the same water observed discharging to Wash Creek from the metal valve. According to your general stormwater permit (NCG170229),you are required to inventory all stormwater outfalls for the presence of non-stormwater discharges. If the qualitative monitoring indicates that significant stormwater contamination is present, the permittee shall investigate potential causes, evaluate the feasibility of corrective actions, and implement those corrective actions within 60 days.The stormwater discharges allowed by this General Permit shall not cause or contribute to violations of Water Quality Standards. Furthermore, if any secondary containment devices are connected to stormwater conveyance system, the connection shall be controlled by manually activated valves or similar devices. This office recommends that you immediately abate the leak in your secondary containment structure and report the non-stormwater discharge to the Division of Energy, Mineral and Land Resources. The regional stormwater inspector is Shawna Riddle and she can be reached at (828) 296-4500 or Shawna.riddle@ncdenr.gov. aveluy .ary23,2016 .ge 3 of 3 Thank you for your prompt attention to this matter.Should you have additional questions or concerns, please contact me at(828) 296-4500 or brett.laverty@ncdenr.gov. Sincerely, Brett Laverty Hydrogeologist Water Quality Regional Operations Asheville Regional Office Attachment; DWR Laboratory analytical data cc ARO files NC DEMLR—Shawna Riddle NC DWM UST—Dan Murphy ,,\ - /_._. �_ii `\ i .PVC DTVX WaterSciences Section-Chemistry La6oratory 1§sufts .enderson Sample ID: AC25066 PO Number# 15W7940 ARO Date Received: 12/11/2016 ctor. B LAVERTY - err 4 Time Received: 08:45 < ,_� ="� Labworks LoginlD MSWIFT <egion: ARID 'Division of Water Resources Final Report Date: 1/12/16 Sample Matrix: SURFACEWATER Loc.Type: STORMWATER Final Report Report Print Date: 01/25/2016 Emergency Yes/No VisitlD COC Yes/No Loc.Descr.: COATS AMERICAN-1710 BREVARD ROAD HENDERSONVILLE NC Location ID: 1C45TANKFARM Collect bate: 1 2/0 912 01 5 Collect Time: 11:20 Sample Depth If this report is labeled preliminary report,the results have not been validated Do not use for Regulatory purposes. CAS# Analyte Name PQL Result/ Units Method Analysis Validated by Qualifier Reference Date LAB Sample temperature at receipt by lab 2.1 °C 12/11/15 TASCENZ01 VOL Volatile Organics In liquid _TITLE_ ug/L EPA5030/624/8260 12/11/15 CJOHNSON 75-71-8 Dlchlorodifluoromethane 2.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 74-87-3 Chloromethane 2.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 75-01-4 Vinyl Chloride 2.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 74-83-9 Bromomethane 2.0 Not detected ug/L EPA5030/624/8260 12/1.1/15 CJOHNSON 75-00-3 Chloroethane 2.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 75 09 4 TfIChIOfOfIUOrOmethane 2.0 NOfdetected ug/L EPA50301624/8260 12/11/15 CJOHNSON 7 + 1,1-Dichloroethene 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 75-09-2 Methylene Chloride 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 156-60-5 trans-1,2-Dichloroethene 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 1634-04-4 Methyl Tert-Butyl Ether 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 75-34-3 1,1-Dlchloroethane 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 156-59-2 Cis-1,2-Dichloroethene 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 74-97-5 Bromochloromethane 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 67-66-3 Chloroform 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 594-20-7 2,2-Dlchloropropane 2.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 107-06-2 1,2-Dlchloroethane 1.0 Not detected_ ug/L EPA5030/624/8260 12/11/15 CJOHNSON 71-55-6 1,1,1-Trichloroethane 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 563-58-6 1,1-Dichloropropene 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 56-23-5 Carbon Tetrachloride 1.0 Not detected ug/L EPA5030/62418260 12/11/15 CJOHNSON 71-43-2 Benzene 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 74-95-3 Dibromomethane 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 78-87-5 1,2-Dichloropropane 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 79-01-6 Ticchooroethene 1.0- Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 75-27-4 Bromodichloromethane 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 10061-01-5 CIS-1,3-Dichloropropene 2.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 10061-02-6 trans-1,3-Dichloropropene 2.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 797^0;5 1,1,2-Trichloroethane 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 1 =3 Toluene 1.0 1.0 ug/L EPA5030/624/8260 12/11/15 CJOHNSON WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 For a detailed description of the qualifier codes refer to<httD:/7p0rtal.ncdenr.orLy/web/wo/OpS/method s-and-UQ ls> Pagel of 4 NC In l AK Ga6oratory Section 9Z§sults Location ID: 1C45TANKFARM Sample ID: AC26066 Collect Date: 12/09/2015 Collect Time:: 11721. VOL CAS# Analyte Name PQL Result/ Units Method Analysis validated L Qualifier Reference Date 142-28-9 1,3-Dichloropropane 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 124-48-1 Dlbromochloromethane 2.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 106-93-4 (EDB)1,2-Dibromoethane 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 127-18-4 Tetrachloroethene 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 108-90-7 Chlorobenzene 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 100-41-4 Ethylbenzene 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 75-25-2 Bromoform 2.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 108-38-3 rn,p-Xylene 2.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 100-42-5 Styrene 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 79-34-5 1,1,2,2-Tetrachloroethane 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 630-20-6 1,1,1,2-Tetrachloroethane 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 95-47-6 o-Xylene 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 96-18-4 1,2,3-Trichloropropane 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 98-82-8 lsopropylbenzene 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 108-86-1 Bromobenzene 1.0 Not detected ug/L EPA5030/62418260 12/11/15 CJOHNSON 103-65-1 n-Propylbenzene 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 95-49-8 2-Chlorotoluene 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 106-43-4 4-Chlorotoluene 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 108-67-8 1,3,5-Trimethylbenzene 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 98-06-6 tert-Butyl benzene 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 95-63-6 1,2,4-Trimethylbenzene 1.0 Not detected ug/L EPA50301624/8260 12/11/15 CJOHNSON 135-98-8 sec-Butylbenzene 1.0 Not detected ug/L EPA50301624/18260 12/11/15 CJOHNSON 541-73-1 m-Dichlorobenzene(1,3) 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 106-46-7 p-Dichlorobenzene(1,4) 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 95-50-1 0-DIChlorobenzene(1,2) 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 99-87-6 p-Isopropyltoluene 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 104-51-8 n-Butylbenzene 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 96-12-8 1,2-Dibromo-3-Chloropropane 2.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 120-82-1 1,2,4-Trlchlorobenzene 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 91-20-3 Naphthalene 2.0 Not detected ug/L EPA50301624/8260 12/11/15 CJOHNSON 87-68-3 HeXachlorobutadlene 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 87-61-6 1,2,3-Trichlorobenzene 1.0 Not detected ug/L EPA5030/624/8260 12/11/15 CJOHNSON 2-propanol " 790 N1 ug/L EPA5030/624/8260 12/11/15 CJOHNSON Acetone 220 N1 ug/L EPA5030/624/8260 12/11/15 CJOHNSON Methylal 21 N1 ug/L EPA5030/624/8260 12/11/15 CJOHNSON SEM SemlVOlatile Organics(BNAs)In liquid _TITLE_ ug/L EPA625/8270/3510 12/21/15 CJOHNSON 62-53-3 Aniline 10 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 108-95-2 Phenol 10 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 111-44-4 Bis(2-chloroethyl)ether 10 Not detected ug/L EPA62518270/3510 12/21/15 CJOHNSON 95-57-8 Chlorophenol,2- 10 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 541-73-1 Dichlorobenzene, 1,3 10 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)7333908 Fora detailed descriotion of the aualifler codes refer to<htto://Dortal.ncden-r.org/web/wci/oi)s/methods-and-t)cils> Page 2 of 4 NC D Wk Ga6oratory Section 1&sufts .STANKFARM Sample ID: AC25066 Collect Date: 12/09/2016 Collect Time:: _11:20 Result/ Method Analysis Validated by Analyte Name PQL Qualifier Units Reference Date -7 Dichlorobenzene, 1,4- 10 Not detected ug/L EPA625/8270/3510 12)21/15 CJOHNSON J0-51-6 Benzyl alcohol 30 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 95-50-1 Dichlorobenzene, 1,2- 1.0 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 95-48-7 Methylphenol,2- 10 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 39638-32-9 BIs(2-ChloroiSopropyl)ether 10 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 106-44-5 Methylphenol,4- 10 Not detected ug/L EPA625/827013510 12/21/15 CJOHNSON 621-64-7 N-nitroSodi-n-propylamine 10 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 67-72-1 HeXachloroethane 10 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 98-95-3 Nitrobenzene 10 Not detected ug/L EPA625/827013510 12/21/15 CJOHNSON 78-59-1 Isophorone 10 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 88-75-5 Nitrophenol,2- 10 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 105-67-9 Dimethylphenol,2,4- 10 Not detected ug/L EPA625/827013510 12/21/15 CJOHNSON 65-85-0 Benzoic acid 50 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 111-91-1 Bis(2-chloroethoxy)methane 10 Not detected ug/L, EPA625/8270/3510 12/21/15 CJOHNSON 120-83-2 Dichiorophenol,2,4- 10 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 120-82-1 Trichlorobenzene, 1,2,4- 10 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 91-20-3 Naphthalene(SV) 1.0 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 106-47-8 Chloroaniline,4- 10 Not detected ug/L EPA625/827013510 12/21/15 CJOHNSON 87-68-3 HeXachlorobutadiene(SV) 10 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 59-50-7 Chloro-3-methyl phenol,4- 10 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 91 17-6 Methylnaphthalene,2- ' 10 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 1, 4 HeXachlorocyclopentadlene 10 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 86-06-2 Trichlorophenol,2,4,6 10 Not-detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 95-95-4 Trichlorophenol,2,4,5- 10 Not detected ug/L ' EPA62518270/3510 12/21/15 CJOHNSON 91-58-7 Chloronaphthalene,2- 10 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 88-74-4 Nitroaniline,2 10 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 131-11-3 Dimethyl phthalate 10 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 208-96-6 Acenaphthylene 20 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 606-20-2 Dinitrotoluene,2,6- 10 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 99-09-2 Nitroaniline,3- 50 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 83-32-9 Acenaphthene 10 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 51-28-5 Dinitrophenol; 2,4- 50 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 100-02-7 Nitrophenol,4- 50 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 132-64-9 Dibenzofuran 20 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 121-14-2 Dinitrotoluene, 2,4- 20 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 84-66-2 Diethyl phthalate 20 Not detected ug/L EPA62518270/3510 12/21/15 CJOHNSON 7005-72-3 Chlorophenyi phenyl ether,4- 20 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 86-73-7 Fluorene 20 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 100-01-6 Nitroaniline,4- 50 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 534-52-1 Dinitro-2-methyl phenol,4,6- 50 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 86-30-6 N-nitrosodiphenylamine 10 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 1 -,5-3 Bromophenyl phenyl ether,4- 10 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON WSS Chemistry Laboratory»t 1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 For a detailed description of the qualifier codes refer to<httD:Hoortal.ncdenr.oria/web/wcl/or)s/methods-and-pQls> Page 3 of 4 NC OWX Laboratory Section qZ�sults Location ID: 1C46TANKFARM Sample ID: AC26066 Collect Date: 1 210 9/2 01 6 Collect Time:: 11c2.,, SEM CAS# Analvte Name PQL Result/ Units Method Analysis validated b, Qualifier Reference Date 118-74-1 Hexachlorobenzene 20 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 87-86-5 Pentachlorophenol 30 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 85-01-8 Phenanthrene 20 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 120-12-7 Anthracene 20 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 84-74-2 Di-n-butyl phthalate 20 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 206-44-0 Fluoranthene 20 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 129-00-0 Pyrene 20 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 85-68-7 Butylbenzyl phthalate 10 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 91-94-1 Dichlorobenzidine, 3,3'- 30 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 56-55-3 Benzo(a)a nth race ne 20 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 218-01-9 Chrysene 20 Not detected ug/L EPA625/827013510 12/21/15 CJOHNSON 117-81-7 Bis(2-ethylhexyl)phthalate 30 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 117-84-0 Di-n-octyl phthalate 10 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 205-99-2 Benzo(b)fluoranthene 10 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 207-08-9 Benzo(k)fluoranthene 30 Not detected ug/L EPA62518270/3510 12/21/15 CJOHNSON 50-32-8 Benzo(a)pyrene 10 Not detected ug/L EPA625/8270/351,0 12/21/15 CJOHNSON 193-39-5 Indeno(1,2,3-Cd)pyrene 20 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 53-70-3 Dibenzo(a,h)anthracene 20 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON 191-24-2 Benzo(g,h,i)perylene 20 Not detected ug/L EPA625/8270/3510 12/21/15 CJOHNSON hexanediamine 8.8 N1 ug/L EPA625/8270/3510 12/21/15 CJOHNSON tetraazatricyclodecane 10 N1 ug/L EPA625/8270/3510 12/21/15 CJOHNSON Sample Comments VOL:VOA-N1-estimated-tentatively identified by MS library search. WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 For a detailed description ofthe qualifier codes refer to<httD://oortal.ncdenr.orR/web/Wa/ol)s/methods-and-vQIS> Page 4 of 4 jcVC DUX Water Sciences Section-Chemistry Laboratory Resufts .aNDERSON Sample ID: AC26137 FRB PO Number# ARO ARO Date Received: 12/09/2016 ;ctor: B LAVER W Time Received: 14:46 Labworks LoginlD KJIMISON2 Sample Matrix: SURFACEWATER <egion: ARO I}h+�SiQrt of�2l�lr�CSl3UrCCS Final Report Date: 12/28/15 " Loc.Type: STORMWATER Final Report Report Print Date: 01/25/2016 Emergency Yes/No VisitlD COC Yes/No Loc.Descr.: COATS AMERICAN 1710 BREVARD RD.HENDERSONVILLE Location ID: 1C46TANKFARM Collect Date: 12/09/2016 Collect Time: 11:20 Sample Depth If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. CAS# Analyte Name PQL Result/ Units Method Analysis Validated by Qualifier Reference Date Others Sample temperature at receipt by lab 4.2 °C 12/9/15 RBYRD Coliform, MF Fecal in liquid 1 1 B2 CFU/looml APHA9222D-20th 12/9/15 ESTAFFORDI WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 For a detailed description or the eualifie«odes refer to<htto://Dortal.ncdenr.or2/web/wa/ops/methods-and-DciIs> Page 1 of 1 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Water Resources ENVIRONMENTAL.QUALITY S. JAY ZIMMERMAN Director February 23,2016 Phillip Brittain 421 South Mills River Road Mills River,NC 28759 SUBJECT: February 22, 2016 Site Meeting Old Turnpike Road Property NOV-2015-DV-0229 Henderson County Dear Mr. Brittain: On February 22, 2016, Landon Davidson and I with the Division of Water Resources (Division), attended a site meeting with you to discuss the subject Notice of Violation (NOV). Also in attendance were Jonathan Wallin and Rachel Smith with Henderson County Soil and Water Conservation District,and Maria Wise with the Mills River Partnership.Based on the site meeting, the Division understands that you plan to work with Henderson County Soil and Water to create a plan to prevent the illegal discharge cited in the NOV. The Division anticipates receiving correspondence from you and/or Henderson County Soil and Water within the next three months describing the measures you plan to take to prevent the illegal discharge. While the plan is being developed,you agreed not to bring any more fruits or vegetables for cattle feed onto the subject property. If you have any questions concerning this matter, please contact me at (828) 296-4500. Sincerely, Andrew Moore Environmental Specialist Water Quality Regional Operations Section cc: Rachel Smith—Henderson County Soil and Water(via email) ARO File Copy State of North Carolina Environmental Quality I Water Resources 2090 U.S.Hwy.70 1 Swannanoa,North Carolina 28778 828 296 4500 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Water Resources S. JAY ZIMMERMAN 'ENVIRONMENTAL QUALITY Director February 24, 2016 DWR# 16-0114 McDowell County Heiko Meyer 7051 South Malaya Court , Aurora, Colorado 80016 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Sunset Point Owners Association—Lot#17 Dear Mr. Meyer: You have our approval for the impacts listed below for the purpose described in your application dated December 29,2015, and received by the Division of Water Resources(Division) February 5, 2016, approval has been granted for the impacts listed in the table below. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit ' and any additional conditions listed below. Project impacts are covered by the attached Water Quality General Certification Number 3898 and the conditions listed below. This certification is associated with the use of General Permit Number 30 issued by the U.S. Army Corps of Engineers.Please note that you should obtain or otherwise comply with any other federal,state or local permits before proceeding with your `- project, including those required by(but not limited to) Erosion and Sediment Control, Water Supply Watershed and Trout Buffer regulations. IMPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved Permanent Open Waters Above Pool Below Pool 0.0218 (acres) 0.0103 ('acres) State of North Carolina Environmental Quality I Water Resources Asheville Regional Operations Center 2090 US 70 Highway,Swannanoa,North Carolina 28778 828/296-4500 Sunset Point Owners Association February 24,2016 Page 2 of 3 ADDITIONAL CONDITIONS 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit,a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. 2. The proposed project must comply with the McDowell County local riparian buffer ordinance approved by the Division of Water Resources under the Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers, ISA NCAC 02B .0243(b). 3. Stabilization techniques must meet the General Conditions listed in the Shoreline Stabilization Technique Selection Process found in Duke Energy's Shoreline Management Guidelines for the Catawba-Wateree river system 2006 Shoreline Management Plan. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919)431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 c Owners Association 24,2016 s of 3 One(1) copy of the petition must also be served to DEQ: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Ed Williams at 828-296-4686 or ed.williamsgncdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations - Asheville Regional Office cc: Cathleen Atkins—CUPM, LLC (via email) William Elliot USACE Asheville Regulatory Field Office (via email) Wade Harmon—Duke Energy Ron Harmon—McDowell County Planning DWR ARO 401 files DWR 401 and Buffer Permitting Unit G:\WR\WQ\McDowell\401 s\Non-DOT\APRVL401 SunsetPointHomeownersAssociation_Lot 17.02-23-2016.docx North Carolina Department of Environmental Quality. .&Crory Donald R. van der Vaart Governor Secretary February 24, 2016 Christopher Nichols 23 Meadow Brook Drive Fletcher,NC 28732 SUBJECT: Compliance Evaluation Inspection 23 Meadow Brook Drive Permit No: NCG550722 Buncombe County Dear Mr.Nichols: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted February 18,2016. The wastewater treatment system at 23 Meadow Brook Drive was found to be noncompliant as annual fees are overdue and the permit has expired. The previous permittee is no longer the homeowner and the enclosed change of ownership form must be submitted. Please contact Bob Sledge at(919) 807-6398 to determine how to renew the subject permit. Other violations observed include failure to provide chlorine tablet disinfection and tablet dechlorination. The system must have these tablets present to function properly. Ensure chlorination tablets are certified for wastewater use as wastewater tablets are not the same as those used for swimming pools. Although the receiving stream was flowing clear and did not show signs of degradation,the effluent pipe was not located.Access to the effluent pipe should be maintained by the permittee. Your system was approved by the Department with a step aeration device listed in the original permit application. No such aeration device was observed during this inspection. Please construct a proper discharge point that facilitates sample collection and a post-aeration device prior to mixing with the receiving stream. Commence annual monitoring as.required by the NPDES General Permit NCG55 (enclosed) and comply with all permit requirements at all times. Within thirty (30) days upon receipt of this letter, please submit any of the required records and a corrective action plan to the undersigned addressing the non-compliance identified in this report. If additional time is needed to return to full compliance,please include anticipated completion dates in your letter. Failure to complete remedial measures in a timely manner may result in a Notice of Violation and the assessment of civil penalties. 2090 U.S.Hwy.70,Swannanoa,North Carolina 28778 Phone:828-296-4500\Internet:www.ncdenr.gov An Equal Opportunity iAffirmative Action Employer—Made in part by recycled paper Refer to the enclosed inspection report for additional observations and comments. If you have any questions,please call me at 828-296-4500. Sincerely, Rob Topolski Environmental Specialist Division of Water Resources Enclosure: Inspection Report NCG55 Permit and Technical Bulletin Property Record Card Change of Ownership form cc: MSC 1617-Central Files-Basement WQ Asheville Files G:\WR\WQ\Buncombe\Wastewater\General\NCG55 Single Family Residence\550722 Richard Green\CEI.02182016.ltr.doc United States Environmental Protection Agency Form Approved. Washington,D.C.20460 /-� OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A`.National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN ( 2 15 1 3 I NCG550722 I11 12 16102/18 17 18 1 19 1 G 20I I 21111111111111111111111. 11111111111111111 � � � � 166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA --- ------------Reserved------------- 67 70 I 71 L_j 72 I I 73 I� L74 751 111 1 I 1 180 I_J Section B:Facility Data �f Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:30AM 16/02/18 10/01/20 23 Meadow Brook Drive 23 Meadow Brook Dr Exit Time/Date Permit Expiration Date Fletcher NC 28732 10:45AM 16/02/18 12/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Ill Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Christopher E Nichols,23 Meadow Brook Dr Fletcher NC 28732/// No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) ® Operations&Maintenance 0 Records/Reports 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 Robert Topolski ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9_944))Previous editions are obsolete. i Page# 1 NPDES yr/mo/day Inspection Type (Cont.) 31 NCG550722 (11 12I 16/02/18 117 18 I C 1 \ Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) On February 18, 2016, 1 (Rob Topolski)and Andrew Moore of the Asheville Regional Office conducted a compliance evaluation inspection at the 23 Meadow Brook Drive single family residence wastewater treatment plant. ;The previous inspection was conducted under previous ownership and the current owners,Amanda B Nichols and Christopher B Nichols,were identified from the Buncombe County Property Record Card. No phone number was found and no one was at the home to be present during this inspection. Mr. Moore left his business card in the 23 Meadow Brook Drive mail box with a request for a returned call. Annual permit fees have not been paid since 2011 and are overdue. Therefore, Permit No.NCG550722 was not renewed and is expired resulting in a violation of discharging without a proper permit. No chlorine tablets or dechlorination tablets were observed and the discharge pipe and step aeration device were not present and visible. The receiving stream was flowing clear with no indication of excessive solids discharging from this system. Samples were not collected at this time. Please Note:This inspection report includes a checklist with Yes, No, NA(not applicable), and NE (not evaluated). Violations were observed during this inspection. Please comply with the remedial measures and submit requested records by the due dates listed in the cover letter of this inspection report. i Page# 2 Permit: NCG550722 Owner-Facility: 23 Meadow Brook Drive nspection Date: 02/18/2016 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ❑ ❑ ❑ Is all required information readily available,complete and current? ❑. ❑ ❑ Are all records maintained for 3 years(lab. reg. required 5 years)? ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? ❑ ❑ ® ❑ Is the chain-of-custody complete? ❑ ❑ ❑ Dates,times and location of sampling ❑ Name of individual performing the sampling ❑ Results of analysis and calibration ❑ Dates of analysis Name of person performing analyses ❑ Transported COCs ❑ Are DMRs complete:do they include all permit parameters? ❑ ❑ ® ❑ Has the facility submitted its annual compliance report to users and DWQ? ❑ ❑ N ❑ (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator ❑ ❑ ® ❑ on each shift? Is the ORC visitation log available and current? ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ❑ ❑ N ❑ Is the backup operator certified at one grade less or greater than the facility classification? ❑ ❑ ® ❑ Is a copy of the current NPDES permit available on site? ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ® ❑ Comment: This facility does not hold an active NCG55 permit. The property owner was not able to be reached;therefore, the required records were not reviewed. Discharge Monitoring Reports (DMRs)and Certified Operators in Responsible Charge (ORC)are not required under the NCG55 Permit. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® ❑ ❑ ❑ Does the facility analyze process control parameters,for ex:MLSS, MCRT, Settleable ❑ ❑ ® ❑ Solids,pH, DO,Sludge Judge,and other that are applicable? Comment: Septic Tank Yes No NA NE. (If pumps are used) Is an audible and visual alarm operational? ❑ ❑ ® ❑ Is septic tank pumped on a schedule? ❑ ❑ ❑ Are pumps or syphons operating properly? ❑ ❑ ® ❑ Page# 3 Permit: NCG550722 Owner-Facility: 23 Meadow Brook Drive Inspection Date: 02/18/2016 Inspection Type: Compliance Evaluation Septic Tank Yes No NA NE Are high and low water alarms operating properly? ❑ ❑ ® ❑ Comment: Records were not available for inspection at this time. Septic tank pumping freguency is unknown. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ❑ ® ❑ ❑ Are the tablets the proper size and type? ❑ ® ❑ ❑ Number of tubes in use? 2 Is the level of chlorine residual acceptable? ❑ ❑ ❑ Is the contact chamber free of growth,or sludge buildup? ❑ ❑ ❑ Is there chlorine residual prior to de-chlorination? ❑ ❑ ❑ Comment: There was no indication that chlorine tablets were present. De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ ❑ ® ❑ Is storage appropriate for cylinders? ❑ ❑ ® ❑ #Is de-chlorination substance stored away from chlorine containers? ❑ ❑ ❑ Comment: Are the tablets the proper size and type? ❑ ® ❑ ❑ Are tablet de-chlorinators operational? ❑ ® ❑ ❑ Number of tubes in use? 2 Comment: There was no indication de-chlorination tablets were present. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ® ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ® ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ® ❑ Comment: The effluent pipe and cascade aeration was not visible at the receiving stream bank. It is possible that flooding broke the pipe and buried it and washed out the step aeration device. Page# 4 Property Card http://www.buncombetax.org/PropertyCard.aspx COUNTY OF BUNCOMBE ¥s NORTH CAROLINA Web Property Record Card 9675-79-8713-00000 Date Printed:2/ 8/2016 Owner Information Parcel Information Total Property Value:373,900 i Status: Active Owners: AMANDA B NICHOLS Deed Date: 7/7/2014 CHRISTOPHER B NICHOLS Deed Book/Page: 5223/0283 ,Address: 23 MEADOW BROOK DR Plat Book/Page: 0059/0132 FLETCHER NC 28732-9101 Legal Reference: TRANSFER BY DEED Property Location:23 MEADOW BROOK DR Location: 23 MEADOW BROOK DR Taxing Districts Class: RESIDENTIAL Neighborhood: MEADOWOOD TRAIL County: Buncombe County Subdivision: MEADOWOOD City: Sub Lot: 52 Fire: FAIRVIEW FIRE Conservation/Easement:N School: Flood: Y Ownership History Transfer Legal Deed Vacant Price Qualified When Seller Names Date Reference Book/Page Sold TRANSFER BY RICHARD E GREEN 07/07/14 $415,000 DEED 5223/0283 iYes No (ETAL)NATALIE F i LILLEY(ETAL). 10/01/07 $0 TRANSFER BY 4470/0902 No:C No RICHARD E GREEN ED SANDRA R GREEN Assessment History Year Acres Land Bldgs Other Impr Assessed Desc Exemptions Deferred Taxable 2015 1.39 37,200 336,700 0 373,900 0 0 373,900 2014 1.39 37,200 245,200 0 282,400 0 0 282,400 2013 1.39 37,200 245,200 0 282,400 0 0 282,400 2012 1.39 55,700 267,3000 323,000 0 0 323,000 2oi1 1.39 55,700 267,300 0 323,000 0 0 323,000 2010 1.39 55,700 267,300 0 323,000 0 0 323,000 2009 1.39 55,700 267,300 0 323,000 0 0 323,000 2oo8 ' 1.39 155,700 267,300 0 323,000 0 0 323,000 2007 1.39 55,700 267,300 0 323,000 0 0 323,000 2oo6 1.39 55,700 267,300 0 323,000 0 0 323,000 2005 1.39 47,400 201,900 0 249,300 o 0 249,300 2004 1.39 147,400 201,900 0 249,300 10 0 249,300 2003 1.39 47,400 201,900 0 249,300 0 0 249,300 2002 1.39 47,400 201,900 0 249,300 0 0 249,300 2001 1.39 31,700 225,400 0 257,10o 0 0 1257,100 l of 2 2/18/2016 8:43 AM Buncombe County Tax Lookup-Property Card http://www.buncombc, Land Data Total Acres: 1.39 Land Value: Other Valuer o Acreage 37,200 Improvements Segment# Units Description 1 1.39 Acreage LOT IN AC Building Structures Res. Sq Bsmt Bsmt Year Style Grade Condition Value Building ID Feet SgFt Finished Built 1.5 1 CONVENTIONAL 2,88o o 0 1998 B N 336,700 Refinement Description Built-Ins 1 Units Foundation PIERS Full Baths 2 Roof Type HIP W/COMP.SHGL. Half Baths 1 HVAC HEAT WITH A/C Fireplace/Gas Log 1 Bedrooms 3 t6: ROK a R9P', S t6 Section SgFt Stories RLD �4 RfiiA$ . 24 OPEN PORCH 128 1 .(62e) 12 �1/2-STY LIVING 2 264 0.5 AREA 22 DECK 96 1 RtQ' 1.5 ST LIVINGAREA 2,616 1. c7raj to 5 GARAGE 528 1 24 SCREENED ?� PORCH _ 16o 1 s RDF: 4. 2 l2 2 Total Building Value:336,7oo of 2 2/18/2016 8:43 AM North Carolina Department of Environmental Quality ,IcCrory, Governor Donald R.van der Vaart, Secretary X _ , I. Please enter the CoC number for which the change is requested. Certificate of Coverage 5 107 2 2 11. Please provide the following for the requested change(revised permit). a. Request for change is a result of. x Change in ownership of the residence/property ❑ Name change of the facility or owner If other please explain: b. Permit will be issued to(company name, if applicable): c. Person legally responsible for permit: First MI Last Title Permit Holder Mailing Address City State Zip Phone E-mail Address d. Facility name(discharge): 23 Meadow Brook Drive e. Facility address: 23 Meadow Brook Drive Address Fletcher NC 28732 City State Zip f Facility contact person: First MI Last ( ) Phone E-mail Address III. Permit contact information(if different from the person legally responsible for the permit) Permit contact: First MI Last Title Mailing Address City State Zip ( ) Phone E-mail Address IV Will this permitted facility continue to discharge the same volume and type of wastewater as prior to this ownership or name change? x Yes ❑ No(please explain) Revised 2/2009 NCG560000 OWNERSHIP CHAT Pd" VI. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: ❑ This completed application is required for both name change and/or ownership change requests. ❑ Legal documentation of the transfer of ownership(such as relevant pages of a contract deed, or a bill of sale)is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. The certifications below must be completed and signed by the new applicant in the case of an ownership change request. APPLICANT CERTIFICATION attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included,this application package will be returned as incomplete. Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: NC DENR/DWR/NPDES 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Revised 7/2008 PAT MCCRORY AGovernor DONALD R. VAN DER VAART Secretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QVALITY Director February 25, 2016 Harry K. Sideris—SVP, Environmental, Health & Safety Duke Energy 526 South Church Street, ECUP Charlotte, NC 28202 Subject: Incident Closure NOV-2015-PC-0303 Permit No. WQ0000020 Duke Energy Progress Inc. Coal Combustion Products Structural Fill Projects Buncombe County Dear Mr. Sideris, The Asheville Regional Office (ARO) received your December 18,2015 letter response to a recent Notice of Violation (NOV-2015-PC-0303) involving violations of permit WQ0000020 at the Asheville Regional Airport Coal Combustion Products(CCP) Structural Fill Project.More ., specifically, site inspections conducted by Duke Energy on October 29, 2015 noted an erosion- induced breach of the soil cap and subsequent CCP exposure at Area 1 and an erosion-induced breach of the soil cap and subsequent exposure of the plastic (HDPE) liner at Area 4.The violations cited in the NOV include a failure to notify in accordance with permit condition IV.12.e and a failure to properly maintain and operate a CCP structural fill facility in accordance with permit condition.111.1. According to permit condition IV.12.e,the Permittee is responsible for contacting the ARO, 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 a breach and/or severe erosion of the liner systems. Any erosion of the soil cap that results in the exposure of the HDPE liner, GCL liner, and/or CCP is a non-compliant condition and isrequired to be reported under permit conditions IV.12. ARO staff conducted site inspections on November 2, 2015 and November 5, 2015 and observed your response to the non-compliance issues affecting Area 1 and Area 4. Your written response,the annual inspection report, and the temporary stabilization efforts have been reviewed and evaluated. We appreciate your response to the NOV. It is our. understanding that a stormwater management plan for the entire Asheville Airport CCP - structural fill project is currently under review and implementation of that plan will likely begin State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70,Swannanoa,North Carolina 28778 828-296-4500 Harry Sfderis \ February 25,2016 \. Page 2of 2 in June 2016. Please provide a copy or summary of the final repair plan when it becomes available. The North Carolina Department of Environmental Quality is committed to protecting North Carolina's environment and natural resources.' It strives to foster a collaborate stewardship among the citizens, regulators and the business community with the goal of maintaining and enhancing North Carolina's environment and natural resources for the benefit and enjoyment of everyone living in and visiting our great state. Your attention and cooperation is greatly appreciated. Should you have any questions regarding this matter or other water quality issues or concerns, please contact Brett Laverty at (828) 296-4681 or brett.laverty@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDEQ Asheville Regional Office cc: WQ Asheville Files MSC 1617—Central Files—Basement WQ Enforcement/Non Discharge Michael Reisman—Asheville Airport(via email) John Toepfer—Duke Energy(via email) PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary .dterResources S. JAY ZIMMERMAN cNVIRONMENTAL QUALITY Director February 26, 2016 Victor Babaoff 308 Secretariat Lane Fletcher,NC 28730 SUBJECT: Compliance Evaluation Inspection 308 Secretariat Lane Permit No: NCG550475 Buncombe County Dear Mr. Babaoff: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted on February 18, 2016 at your single family residence wastewater treatment system at 308 Secretariat Lane. Please read this report carefully and take note of any comments that are listed. Although no water quality violations were observed, your system was found to be out of compliance with NPDES Permit No.NCG550475. 'Annual effluent water quality monitoring has not been conducted since 2011. Other violations observed include failure to check the septic tank annually to see if solids need to be removed and failure to pump out the septic tank at least every 5 years. Ensure chlorination tablets are certified for wastewater use as wastewater tablets are not the same as those used for swimming pools. Maintain all permit required records. Within thirty(30) days upon receipt of this letter, please submit a corrective action plan and any documentation to the undersigned addressing the non-compliance identified in this report. If additional time is needed to return to full compliance,please include anticipated completion dates in your letter. Failure to complete remedial measures in a timely manner may result in a Notice of Violation and the assessment of civil penalties. State of North Carolina I Environmental Quality I Water Resources Asheville Regional Operations Center 2090 US 70 Highway,Swannanoa,North Carolina 28778 828/296-4500 Refer to the enclosed inspection report for additional observations and comments. If you have any questions,please call me at 828-296-4500. Sincerely, Rob Topolski Environmental Specialist Division of Water Resources Enclosure: Inspection Report cc: MSC 161'7-Central Files-Basement WQ Asheville Files G:\WR\WQ\Buncombe\Wastewater\General\NCG55 Single Family Residence\550475 Victor Babaof\CEI.02182016.1tr.doc United States Environmental Protection Agency Form Approved. A Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 15 1 3 I NCG550475 111 12 16/02/18 �17 18 i"( 19 i S i 20 L 21111 I I 1 1 1 1 1 11 I I I I I 1 1 1 I I 1 1 I I 1 l 1 I I I I 1 1 . I I I I I I I r6 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA -------------Reserved------------ 67 70l _j 71 72 � j 73 ( 174 75 80 Section B:Facility Data 1 I I Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW.name and NPDES Dermit Number) 10:OOAM 16/02/18 13/08/01 308 Secretariat Lane 308 Secretariat Ln Exit Time/Date Permit Expiration Date Fairview NC 28730 10:20AM 16/02/18 18/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number i� Contacted Victor Babaoff,308 Secretariat Ln Fairview NC 28730//828-254-9141/8282549778 Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) ® Permit ® Operations&Maintenance ® Facility Site Review ® Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signatures)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Robert To olski ARO WQ//828-296-4500/ P r Andrew W Moore ARO WQ//828-296-4684/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date 7 � — _ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. ,1 Page# 1 NPDES yr/mo/day Inspection Type (Cont.) 1 �� 3 NCG5510475 �11 12 16/02/18 17 18 i r,1 Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) On February 18,2016, 1 (Rob Topolski)and Andrew Moore of the Asheville Regional Office conducted a compliance evaluation inspection at the 308 Secretariat Lane single family residence wastewater treatment plant. The homeowner, Mr.Victor Babaoff,was present during the inspection and showed us the various components of the system. He said the septic tank, located next to the back of the house, has a 1,200 gallon capacity and has never been pumped out. Septic tanks need to be checked annually and pumped out if more than 1/3 of the capacity is filled with solids or every 3-5 years. Chlorine tablets were present, but total residual chlorine was not analyzed at this time. The effluent wet well works as a chlorine contact chamber and the discharge to the receiving stream was relatively clear. The receiving stream was-flowing clear with no signs of degradation from this discharge. Samples were not collected at this time. Annual monitoring required by the general permit has not been conducted since 2011. Mr. Babaoff contacted the Asheville Regional Office on February 19, 2016 and spoke with Andrew Moore about permit requirements. He said that he planned to commence the annual compliance monitoring, but needed to know what parameters to have a state certified laboratory analyze for. Mr. Moore emailed Mr. Babaoff a copy of the NCG550000 General Permit and a copy of his most recent analytical report(9/15/2011). Annual fees have been paid and permit status is active. Page# 2 Permit: NCG550475 Owner-Facility: 308 Secretariat Lane inspection Date: 02/18/2016 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ ® ❑ application? Is the facility as described in the permit? ❑ ® ❑ ❑ #Are there any special conditions for the permit? ❑ ® ❑ ❑ Is access to the plant site restricted to the general public? ❑ ❑ ® ❑ Is the inspector granted access to all areas for inspection? ® ❑ ❑ ❑ Comment_ The facility is not as described in the permit application approved by the Division The site plan depicts a cascade aerator after chlorine contact and before discharge to the receiving stream. The chlorine contact tank is designed with afloat switch pump which may produce adequate dissolved oxygen in lieu of cascade aeration. Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable ❑ ❑ ■ ❑ Solids, pH, DO,Sludge Judge,and other that are applicable? Comment: Septic Tank Yes No NA NE (If pumps are used)Is an audible and visual alarm operational? ❑ ❑ ❑ Is septic tank pumped on a schedule? ❑ ® ❑ ❑ Are pumps or syphons operating properly? ❑ ❑ ■ ❑ Are high and low water alarms operating properly? ❑ ❑ 0 ❑ Comment: The septic tank is reported to be 1,200 gallon capacity with one part time resident Mr. Babaoff said that he has never had the tank pumped. The effluent was relatively clear indicating properlV functioning systems; however, the Division recommends checking the Septic tank every year to see if solids should be removed and having solids pumped out of the tank every 3-5 years. Sand Filters (Low rate) Yes No NA NE (If pumps are used) Is an audible and visible alarm Present and operational? ❑ ❑ ■ ❑ Is the distribution box level and watertight? ❑ ❑ ❑ Is sand filter free of ponding? ® ❑ ❑ ❑ Is the sand filter effluent re-circulated at a valid ratio? ❑ ❑ ® ❑ #Is the sand filter surface free of algae or excessive vegetation? ® ❑ ❑ ❑ #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) ❑ ❑ ® ❑ Page# 3 Permit: NCG550475 Owner-Facility: 308 Secretariat Lane Inspection Date: 0 211 8/2 0 1 6 Inspection Type: Compliance Evaluation Sand Filters (Low rate) Yes No NA NE Comment: The sand filter is buried and covered with grassy lawn. No ponding or wet spots were observed. { Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ® ❑ ❑ ❑ Are the tablets the proper size and type? ® ❑ ❑ ❑ Number of tubes in use? Is the level of chlorine residual acceptable? ❑ ❑ ❑ Is the contact chamber free of growth,or sludge buildup? ® ❑ ❑ ❑ Is there chlorine residual prior to de-chlorination? ❑ ❑ ® ❑ Comment: Due to low flow conditions Mr. Babaoff said that he was instructed to only use one of the two tablet tubes. Samples were not collected at the time of this inspection to determine optimum operation. Pump Station - Effluent Yes No NA NE Is the pump wet well free of bypass lines or structures? ❑ ❑ ❑ Are all pumps present? ® ❑ ❑ ❑ Are all pumps operable? ® ❑ ❑ ❑ Are float controls operable? ® ❑ ❑ ❑ Is SCADA telemetry available and operational? ❑ ❑ ® ❑ Is audible and visual alarm available and operational? ❑ ❑ ® ❑ Comment: The effluent wet well serves as a batch chlorine contact chamber. The pump cycled one time during this inspection - The effluent shot into the air and into the receiving stream. No cascade aeration device was present as indicated in the original permit application however,there were no erosion issues observed and adequate dissolved oxygen may be acheived. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ® ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ® ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ® ❑ Comment: The effluent was relatively clear and the receiving stream was flowing clear. Stream degradation was not observed. Page# 4 PAT MCCRORY Old Governor DONALD R. VAN DER VAART Secretary rii(cxterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director February 26, 2016 DWR# 16-0183 Transylvania County Drew W. &Kellie A. Prusiecki B B L 107 Westshore Drive (194 Red Bird Circle) Lake Toxaway,NC 28747 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Repair 60 LF of Existing Boulder Seawall at Prusiecki Residence- Lake Toxaway Dear Mr. & Mrs. Prusiecki: You have our approval for the impacts listed below for the purpose described in your application, received by the Division of Water Resources (Division) February 25, 2016. These impacts are covered by the attached Water Quality General Certification Number 3883 and the - conditions listed below. This certification is associated with the use of Nationwide Permit Number 3 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary , Open Water 0.01 Acres Water Quality Regional Operations—Asheville Regional Office '090 US Hwy 70,Swannanoa,NC 28778 hone:828-296-45001 FAX:828-299-7043 Internet:http:l/portal.nGdenr.org/web/wq/ws An Equal Opportunity 1 Affirmative Action Employer Prusiecki Seawall Repair DWR#16-0183 �\ Page Approval Page 2 of 4 2. This approval is for the purpose and design described in your application.The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certifications)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. The permitee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 4. The proposed project shall follow the recommendations stated in the North Carolina Wildlife Resources Commission (NCWRC) comment letter dated February 26, 2016 (attached) to the maximum extent practical. [15A NCAC 02H .0506 (b)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a'written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919)'431-3100 provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. r' ,eawall Repair 16-0183 -Approval rjage 3 of 4 Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Tim Fox at 828-296-4664 or tim.fox@ncdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3883 Certification of Completion NCWRC letter dated February 26, 2016 Prusiecki Seawall Repair DWR#16-0183 \ 401 Approval Page 4 of 4 ec: Terry Allen-T.E. Allen Engineering, PC David Brown - USACE Asheville Regulatory Field Office Andrea Leslie— NCWRC Stan Aiken —DEMLR cc: DWR ARO 401 file DWR 401 & Buffer Permitting Unit file G:\WR\WQ\Transylvania\401s\Non-DOT\Prusiecki Seawall Repair-Lake Toxaway\APRVL.401PrusieckilSeawall2-26-16.doc.docx PAT MCCRORY Governor DONALD R. VAN DER VAART secretary aterResources �NvtRONMENTALQUALITv S. JAY ZIMMERMAN Director February 29, 2016 DWR# 16-0092 Buncombe County Carson and Judy Graves 101 Sondley Parkway Asheville, NC 28805 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Graves Creekbank Restoration Project Dear Mr. and Mrs. Graves: You have our approval for the impacts listed below for the purpose described in your application dated January 22, 2016, and received by the Division of Water Resources (Division) on January 28, 2016. These impacts are covered by the attached Water Quality General Certification Number.3885 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Number 13 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by(but not limited to) Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] i State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70 1 Swannanoa,North Carolina 28778 828 296 4500 Graves Creekbank Restoration DWR#16-0�, 401 Approvl Page 2 of 4\ Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Streams Impact S1 100 feet 2. This approval is for the purpose and design described in your application.The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project,you must notify the Division and you maybe required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification(s) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. The designer or his designee shall supervise the installation of in-stream structures. [15A NCAC 02H .0506(b)(2)] 4. Stream bed habitat material, such as cobble and gravel, should be harvested from abandoned channels and relocated to new channels to the maximum extent practicable. [15A NCAC 02H .0506(b)(2)] 5. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly after storm events) and vegetation is successful. Any failures of structures, streambanks, or vegetation may require future repairs or replacement, which requires coordination with the Asheville Regional Office to ensure the stability and water quality of the stream and downstream waters. [15A NCAC 02H .0506(b)(2) and (b)(3)] 6. The permittee shall ensure that mature trees within the buffer areas will be protected as much as feasible during the construction of this project. [15A NCAC 02H .0506(b)(2)] 7. Native vegetation shall be used throughout this project. All tree and shrub plantings within the proposed planting buffer on both sides of the stream shall be protected from mowing or clearing. [15A NCAC 02H .0506(b)(2)] 8. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)] 9. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, Graves Creekbank Restoration Project DWR#16-0092 401 Approval Page 3 of 4 lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Asheville Regional Office at 828.296.4500 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty(60)calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919)431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service(UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Graves Creekbank Restoration. DWR#16=cam 401 Approva„ Page 4 of 4 �. This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCACO2H .0500. Please contact Zan Price at 828-296-4662 or zan.price@ncdenr.gov if you have any questions or concerns. Sincerely, Zatrice, P.E., Assistant Regional Supervisor Water Quality Regional Operations - Asheville Regional Office Enclosures: GC 3885 Certificate of Completion cc: Randy Burroughs —(via email) William Elliot USACE Asheville Regulatory Field Office (via email) Andrea Leslie- NCWRC (via email) Nancy Watford —City of Asheville (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit G:\WR\WQ\Buncombe\401s\Non-DOT\Graves Creekbank Restoration\AP RVL.G raves Creekbank Restoration02292016.docx PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary .vaterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director February 29, 2016 DWR# 16-0105 Rutherford County Williams S. Kirkpatrick Charles Anderson 1090 Coxe Road Resource Institute, LLC Rutherfordton,North Carolina 28139 2714 Henning Drive Winston Salem,North Carolina 27106 Eddie R. Moore 526 Clear Run Drive Aaron Earley Rutherfordton,North Carolina 28139 Wildlands Engineering Inc. 1430 S. Mint Street, Suite 104 Charlotte,North Carolina 28203 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS WSI—Kirkpatrick Site Stream Enhancement Project Dear Messrs:Kirkpatrick,Moore, Anderson and Earley: You have our approval for the impacts listed below for the purpose described in your application dated February 1, 2016, and received by the Division of Water Resources(Division) on February 5, 2016. These impacts are covered by the attached Water Quality General Certification Number 3885 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Number 27 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project,including those required by(but not limited to) Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This.approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or(c)] State of North Carolina I Environmental Quality I Water Resources Asheville Regional Operations Center 2090 US 70 Highway,Swannanoa,North Carolina 28778 828/296-4500 WSI Kirkpatrick Site Stream Enhancement Project DWR#16-0105 401 APPROVAL Page 2 of 4 Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Streams Impact S1 T1361 (linear feet) 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project,you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certification(s) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. The designer or his designee shall supervise the installation of in-stream structures. [15A NCAC 02H .0505(b)(2)] 4. Stream bed habitat material, such as cobble and gravel, should be harvested from abandoned channels and relocated to new channels to the maximum extent practicable. [15A NCAC 02H .0506(b)(2)] 5. Visual monitoring of the project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site is stable(particularly after storm events) and vegetation is successful. Any failures of structures, stream banks, or vegetation may require future repairs or replacement, which requires coordination with the Asheville Regional Office to ensure the stability and water quality of the stream and downstream waters. [15A NCAC 02H .0506(b)(2) and (b)(3)] 6. Water shall not be released into any new channels until the stream and banks are stabilized. [15A NCAC 02H .0506(b)(3)] 7. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3)] 8. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, ,trick Site Stream Enhancement Project .6-0105 &PROVAL age 3 of 4 including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 D and 15A NCAC 02H .0506 (b)(2) and(c)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919)431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,NC 27699-1601 WSI Kirkpatrick Site Stream Enhancement Project DWR#16-0105 �\ 401 APPROVAL Page 4 of 4 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Ed Williams at 828-296-4686 or ed.williamsgncdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3885 Certificate of Completion cc: William Elliot—USACE Asheville Regulatory Field Office (viaemail) Andrea Leslie—NCWRC (via email) Stan Aiken—Division of Energy, Mineral, and Land Resources (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit GAWR\WQ\Rutherford\40Is\Non-D0T\WSI-Kirkpatrick Site Stream Enhancement Project\APRVL401.WSIKirkpatrickSiteStreamEnhancement.02-24-2016.docx PAT MCCRORY f,�nvereuie DONALD R. VAN DER. VAART MW caterResvurces S. JAY ZIMMERMAN ENVIROMME19TAL QUALITY February 29, 2016 Bob Wiggins, Owner BW Real Estate Investments, LLC 2241 Allens Creek Road Waynesville, NC,28786 Subject: Permit No. WQ0038304 BW Real Estate Investments, LLC Cool Breeze Campground Wastewater Collection System Extension Permit Haywood County Dear Mr. Wiggins: In accordance with your application received February 16, 2016,we are forwarding herewith Permit No. WQ0038304 dated February 29, 2016, to the BW Real Estate Investments, LLC (Permittee) for the construction and operation upon certification of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and Limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition IIA: This permit shall not be automatically transferable; a request must be made and approved. Condition IIA: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. It shall be responsibility of the Permittee to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. If any parts, requirements, or limitations contained. in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made,this permit shall be final and binding. State of North Carolina/Environmental Quality/Water Resources 2090 U.S.Hwy.70,Swannanoa,N.C. 28778 828-296-4500 BW Real Estate Investments, LLC Permit No.WQ0038304 If you need additional information concerning this matter, please contact Tim Heim at(828)296-4500 or\� via e-mail at tim.heim@ncdenr.gov. Sincerely, G.Landon Davidson, P.G., Region�Supe�rvisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ cc: Warren Sugg, P.E.—Civil Design Concepts, P.A. (electronic copy) Haywood Building Inspections Department ARO Office Files Water Resources Central Files PERCS(electronic copy) G:\WR\WQ\Haywood\Collection Systems\Maggie Valley WQCS00122\WQ0038304 Cool Breeze Campground.docx Page 2 of 8 NZ� Environmental Qualm WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT In accordance with the provisions of Article 21 of Chapter 143,,General Statutes of North Carolina as amended, and otherapplicable Laws, Rules,and Regulations, permission is hereby granted to the BW Real Estate Investments, LLC Haywood County for the construction and operation of approximately 176 linear feet of 6-inch gravity sewer to serve 12 RV camp sites as part of the Cool Breeze Campground project, and the discharge of. 1,440 gallons per day of collected domestic wastewater into the Town of Maggie Valley's existing sewerage system, pursuant to the application received February 16, 2016 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 Environmental Quality and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. G. Landon Davidson, P.G.,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Permit Number: WQ0038304 Permit Issued: February 29,2016 Page 3 of 8 SUPPLEMENT TO PERMIT COVER SHEET BW Real Estate Investments, LLC is hereby authorized to: Construct, and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the Town of Maggie Valley Wastewater Treatment Facility in accordance with Permit Number NC0056561. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T;the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions and any Special Conditions identified below. I. SPECIAL CONDITIONS 1. This permit shall become voidable unless the agreement between BW REAL ESTATE INVESTMENTS, LLC and The Town of Maggie Valley for the collection and final treatment of wastewater is in full force and effect. [15A NCAC 02T.0304(h)] II. STANDARD CONDITIONS 1. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied,by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. [15A NCAC 02T.0104; G.S 143-215-McI3)] 2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. [15A NCAC 02T.0110] 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. [15A NCAC 02T.0110] 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required,the following performance criteria shall be met: [15A NCAC 02T.0108(b)]: Page 4 of 8 a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 213 .0506(a), and public notice shall be provided as required by North Carolina General Statute§143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors,enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems, the Grease Control Program shall include at least bi- annual distribution of grease education materials to users of the collection system by,the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. 5., The Permittee shall report by telephone to a water resources staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours, following the occurrence or first knowledge of the occurrence of either of the following: Page 5 of 8 a. Any process unit failure, due to known or unknown reasons, that renders the facile., incapable of adequate, wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.;or b. Any SSO and/or spill over 1,000 gallons;or c. Any SSO and/or spill, regardless of volume,that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. [G.S. 143- 215.1C(a1)] 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. [15A NCAC 02T.0108(b)] 7. Upon completion of construction and prior to operation of these permitted facilities,the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to-the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shallinclude the following: a. One copy of the project construction record drawings (plan & profile views of sewer lines & force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc. b. One copy of the supporting applicable design calculations including pipe and pump sizing, velocity, pump cycle times, and level control settings, pump station buoyancy,wet well storage, surge protection, detention time in the wet well, and force main, ability to flush low points in force mains with a pump cycle, and downstream sewer capacity analysis. If a portable power source or pump is dedicated to multiple stations, an evaluation of all the pump stations'storage capacities and the rotation schedule of the portable power source or pump, include travel timeframes, shall be provided. Page 6 of 8 Changes to the project that do not result in non-compliance with this permit, regulations, or the Minimum Design Criteria should be clearly identified on the record drawings,on the certification in the space provided,or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non-compliance with this permit (including pipe length increases of 10% or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the number/type of connections), regulations, or the Minimum Design Criteria. Requested modifications or variances to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After-construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification&activation. [15A NCAC 02T.0116] 8. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined, a slope variance can be requested from the Division with firm supporting documentation. This shall be done through a permit modification with fee. Such variance requests will be evaluated on a case-by-case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification. [ 15A NCAC 02T.0105(n)] 9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. [15A NCAC 02T.0116] 10. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. [15A NCAC 02T.0104; 15A NCAC 02T.0108(b-c)] 11. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required`by this Division, such as the construction of additional or replacement facilities. [15A NCAC 02T.0110; 15A NCAC 02T.0108(b)] 12. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by the Division any other Federal, State, or Local government agencies which have jurisdiction or obtaining other permits which maybe required by the Division or any other Federal, State,of Local government agencies. [G.S. 143-215.1(b)] Page 7 of 8 FAST TRACK SEWER ENGINEERING CERTIFICATION PERMITTEE: BW REAL ESTATE INVESTMENTS, LLC PERMIT#: WQ0038304 PROJECT: COOL BREEZE CAMPGROUND ISSUE DATE: February 29,2016 This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the Division.has received this Certification and all required supporting documentation. It should be submitted in a manner that documents the Division's receipt. Send the required documentation to the Regional Supervisor, Water Quality Regional Operations Section at the address at the bottom. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up until a final certification is received. A Final Certification shall be a complete set of record drawings and design calculations regardless of whether partials have been submitted. PERMITTEE'S CERTIFICATION I,the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name,Title Signature Date j ENGINEERS CERTIFICATION I, as duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the Cool Breeze Campground and location as referenced above for the above Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Resources' (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1,2000 as applicable;and other supporting materials. ................................:......................................... North Carolina Professional Engineer's Seal w/signature &date: ❑ Final ❑ Partial (include description) Certification Comments/Qualifiers(attach if necessary): NC DWR—Water Quality Regional Operations Section 2090 US Hwy 70 Swannanoa, NC 28778 Asheville Regional Office Phone: (828)-296-4500 FAX:(828)-299-7043 PAT MCCR.ORY ('Ove nor DONALD R. VAN DER. VAART ,S t nry zter Resaurces S. JAY Z i M M E R M A N ENVIRONMENTAL QUALITY Director February 29, 2016 Steve Hooper, Mayor Town of Robbinsville PO Box 126 Robbinsville, NC, 28771 Subject: Permit No.WQ0038305 Town of Robbinsville Tallulah Creek and Circle Street Areas Sewer System Wastewater Collection System Extension Permit Graham County Dear Mr. Hooper: In accordance with your application received February 16, 2016, we are forwarding herewith Permit No. WQ0038305 dated February 29, 2016,to the Town of Robbinsville (Permittee) for the construction and operation upon certification of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition IIJ: This permit shall not be automatically transferable; a request must be made and approved. Condition IIA: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. It shall be responsibility of the Permittee to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made,this permit shall be final and binding. State of North Carolina/Environmental Quality/Water Resources 2090 U.S.Hwy.70,Swannanoa,N.C. 28778 828-296-4500 Town of Robbinsville Permit No.WQ0038305 If you need additional information concerning this matter, please contact Tim Heim at(828) 296-4500 or \ via e-mail at tim.heim@ncdenr.gov. Sincerely, G. Landon Davidson P. i n I u "�vorJs G , Reg o a S p� Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ cc: Michael J Waresak, P.E.—McGill Associates(electronic copy) ARO Office Files Water Resources Central Files PERCS(electronic copy) G:\WR\WQ\Graham\Collection Systems\Robbinsville Coll Sys WQCS00158\W00038305 Tallulah Creek&Circle.docx Page 2 of 8 Environmental Quality WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Town of Robbinsville Graham County for the construction and operation of approximately 50 linear feet of 6-inch gravity sewer, 8,505 linear feet of 8-inch gravity,and 50 linear feet of 10-inch gravity sewer to serve as repair and replacement to the existing gravity sewer lines as part of. the Tallulah Creek and Circle Street Areas Sewer System project, and the discharge of zero additional gallons per day of collected domestic wastewater into the Town of Robbinsville's existing sewerage system, pursuant to the application received February 16, 2016 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 f subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall .be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. .........., m G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Permit Number: WQ0038305 Permit Issued: February 29,2016 Page 3 of 8 - SUPPLEMENT TO PERMIT COVER SHEET Town of Robbinsville is hereby authorized to: Construct, and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the Town of Robbinsville Wastewater Treatment Facility in accordance with Permit Number NC0025879. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions identified below. II.STANDARD CONDITIONS 1. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered �J on its merits and may or may not be approved. [15A NCAC 02T.0104;G.S 143-215.1(d3)] 2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T, the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. [15A NCAC 02T.0110] 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. [15A NCAC 02T.0110] 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required,the following performance criteria shall be met: [15A NCAC 02T.0108(b)]: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters; and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. Page 4 of 8 c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 213.0506(a), and public notice shall be provided as required by North Carolina General Statute§143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at Least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors,enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems, the Grease Control Program shall include at least bi- annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. 5. The Permittee shall report by telephone to a water resources staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage,etc.;or b. Any SSO and/or spill over 1,000 gallons;or c. Any SSO and/or spill, regardless of volume,that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) Page 5 of 8 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing aric. submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control, [G.S. 143- 215.1C(a1)] 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. [15A NCAC 02T.0108(b)] 7. Upon completion of construction and prior to operation of these permitted facilities,the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: a. One copy of the project construction record drawings (plan & profile views of sewer lines & force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc. b. One copy of the supporting applicable design calculations including pipe and pump sizing, velocity, pump cycle times, and Level control settings, pump station buoyancy, wet well storage, surge protection, detention time in the wet well, and force main, ability to flush low points in force mains with a pump cycle, and downstream sewer capacity analysis. If a portable power source or pump is dedicated to multiple stations, an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable power source or pump, include travel timeframes, shall be provided. c. Changes to the project that do not result in non-compliance with this permit, regulations, or the Minimum Design Criteria should be clearly identified on the record drawings,on the certification in the space provided,or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non-compliance with this permit (including pipe length increases of 10% or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the ,- number/type of connections), regulations, or the Minimum Design Criteria. Requested , Page 6 of 8 modifications or variances to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After-construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification&activation. [15A NCAC 02T.0116] 8. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined,a slope variance can be requested from the Division with firm supporting documentation. This shall be done through a permit modification with fee. Such variance requests will be evaluated on a case-by-case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification. [ 15A NCAC 02T.0105(n)] 9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. [15A NCAC 02T.0116] 10. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. [15A NCAC 02T.0104; 15A NCAC 02T.0108(b-c)] 11. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. [15A NCAC 02T.0110; 15A NCAC 02T.0108(b)] 12. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules,regulations,or ordinances that may be imposed by the Division any other Federal,State, or Local government agencies which have jurisdiction or obtaining other permits which maybe required by the Division or any other Federal,State,of Local government agencies. [G.S. 143-215.1(b)] Page 7 of 8 FAST TRACK SEWER ENGINEERING CERTIFICATION PERMITTEE: TOWN OF ROBBINSVILLE PERMIT##: WQ0038305 PROJECT: TALLULAH CREEK AND CIRCLE STREET AREAS SEWER SYSTEM ISSUE DATE: February 29, 2016 This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the Division has received this Certification and all required supporting documentation. It should be submitted in a manner that documents the Division's receipt. Send the required documentation to the Regional Supervisor, Water Quality Regional Operations Section at the address at the bottom. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up until a final certification is received. A Final Certification shall be a complete set of record drawings and design calculations regardless of whether partials have been submitted. PERmiTTEE'S CERTIFICATION I,the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name,Title Signature Date ENGINEERS CERTIFICATION I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the Tallulah Creek and Circle Street Areas Sewer System and location as referenced above for the above Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Resources' (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. ......................................................................... .. North Carolina Professional Engineer's Seal w/signature &date: ❑ Final ❑ Partial (include description) ............................... .. Certification Comments/Qualifiers(attach if necessary): NC DWR—Water Quality Regional Operations Section 2090 US Hwy 70 Swannanoa, NC 28778 Asheville Regional Office Phone: (828)-296-4500 FAX:(828)-299-7043 ® PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary >,aterResources ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN Director February 29, 2016 DWR# 16-0092 Buncombe County Carson and Judy Graves 101 Sondley Parkway Asheville, NC 28805 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS _ Graves Creekbank Restoration Project Dear Mr. and Mrs. Graves: You have our approval for the impacts listed below for the purpose described in your application dated January 22, 2016, and received by the Division of Water Resources (Division) on January 28, 2016. These impacts are covered by the attached Water Quality General Certification Number 3885 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Number 13 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by(but not limited to) Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H,.0506(b) and/or (c)] State of North Carolina Environmental Quality I Water Resources 2090 U.S.Hwy.70 1 Swannanoa,North Carolina 28778 _ 828 296 4500 Graves Creekbank Restoration P,•, DWR#16-00� 401 Approval' Page 2 of 4 Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Streams Impact S1 100 feet 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project,you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification(s) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. The designer or his designee shall supervise the installation of in-stream structures. [15A NCAC 02H .0506(b)(2)] 4. Stream bed habitat material, such as cobble and gravel,should be harvested from abandoned channels and relocated to new channels to the maximum extent practicable. [15A NCAC 02H .0506(b)(2)] 5. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then . annually until the site is stable (particularly after storm events) and vegetation is successful. Any failures of structures, streambanks, or vegetation may require future repairs or replacement, which requires coordination with the Asheville Regional Office to ensure the stability and water quality of the stream and downstream waters. [15A NCAC 02H .0506(b)(2) and (b)(3)] 6. The permittee shall ensure that mature trees within the buffer areas will be protected as much as feasible during the construction of this project. [15A NCAC 02H .0506(b)(2)] 7. Native vegetation shall be used throughout this project. All tree and shrub plantings within the proposed planting buffer on both sides of the stream shall be protected from mowing or clearing. [15A NCAC 02H .0506(b)(2)] 8. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)] 9. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, Graves Creekbank Restoration Project DWR#16-0092 401 Approva I Page 3 of 4 lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Asheville Regional Office at 828.296.4500 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506(b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty(60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919)431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service(UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Graves Creekbank Restoration h. DWR#16-06-, 401 Approval Page 4 of �\ This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Zan.Price at 828-296-4662 or zan.price@ncdenr.gov if you have any questions or concerns. Sincerely, Zar6rice, P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3885 - Certificate of Completion cc: Randy Burroughs —(via email) William Elliot-USACE Asheville Regulatory Field Office(via email) t. Andrea Leslie—NCWRC (via email) Nancy Watford —City of Asheville (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit G:\WR\WQ\Buncombe\401s\Non-DOT\Graves Creekbank Restoration\APRVL.Graves Creekbank Resto ratio n02292016Aocx _J ® PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary ,v dterResources ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN Director February 29, 2016 DWR# 16-0104 Henderson County Victor Behoriam 100 Stonebridge Drive Hendersonville, NC 28739 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Behoriam Dear Mr. Behoriam: You have our approval for the impacts listed below for the purpose described in your application dated January 1, 2016, and received by the Division of Water Resources (Division) on February 2, 2016, with additional information received February 24, 2016. These impacts are covered by the attached Water Quality General Certification Numbers 3883 and 3888 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Numbers 3 and 16 once they are issued to you by the U.S.Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by(but not limited to) Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70 1 Swannanoa,North Carolina 28778 828 296 4500 Beic, DWR#16-01t 401 Approval `\ Page 2 of 3 Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Open Water Impact 01 0.01 acres Impact 02 0.002 acres 2. This approval is for the purpose and design described in your application.The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project,you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification(s) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. The receiving stream shall be monitored for turbidity and sedimentation while the pond is de-watering and throughout the duration of the project.The turbidity standard of 50 NTUs shall not be exceeded in the receiving stream as described in 15A NCAC 02B .0211. [15A NCAC 02B .0211(21)] 4. Hydrology must be maintained within the stream channel downstream of the pond during pond re-filling. At no point should the downstream channel be dewatered by the proposed activities. [15A NCAC 02B .0211(2)] 5. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211(12)] 6. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill,the permittee/contractor shall immediately contact the Division of Water Resources, between the hours of 8 am to 5 pm at the Asheville Regional Office at 828.296.4500 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0211(12), and GS 143 Article 21A] 7. The proposed project shall follow the recommendations stated in the North Carolina Wildlife Resources Commission (NCWRC) comment letter dated February 15, 2016 (attached) to the maximum extent practicable. [15A NCAC 02H .0506(b)(2)] Behoriam DWR#16-0104 401 Approval Page 3 of 3 This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty(60) calendar days. A petition form may,be obtained from the,OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919)431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding official state holidays). The petition maybe faxed to the 0AH at (919)431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx,etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam M. Hayes,General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Beh, DWR#16-0L 401 Approval Page 4 of 3 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Andrew Moore at 828-296-4684 or Andrew.W.Moore@ncdenr.gov if you have any questions or concerns. Sincerely, _ C G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations. Asheville Regional Office Enclosures: GC 3883 and 3888 Certificate of Completion NCWRC letter dated February 15, 2016 cc: Alex Franqui—Water Dance, LLC (via email) David Brown— USACE Asheville Regulatory Field Office (via email) Andrea Leslie—NCWRC(via email) Stan Aiken—Division of Energy,Mineral, and Land Resources (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit G:\WR\WQ\Henderson\401s\Non-DOT\Behoriam\APRVL.Behoriam.2-29-2016.docx