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HomeMy WebLinkAboutDWR Read File Archive Mar 2013 On Mar 1, 2013,at 6:34 AM, "Wiggs, Linda"<Iinda.wiggs@ncdenr.gov>wrote: t Hi Bill, I am in receipt of the Fast Track application for the Mills River Health and Rehabilitation project. As noted in my Fast Track Application Return letter dated January 24,2013,the High Vista Falls system is non-compliant with its non-discharge permit#WQ0015929 and has to be built as a discharge system under NPDES permit#NC0089095 before I can issue a permit for the sewer extension. An Authorization to Construct(A to C)was recently issued on February 18, 2013 for the construction of modifications to the High Vista Falls facility. As you know A to C do not have a timelines for completion. Given the non-compliance issues with the High Vista Falls system,the approval of additional flows will not occur until construction of the modifications are completed. I need you to withdraw this application and I will return this package to you. Once the modifications are complete you can resubmit the application. Please respond to this email with a request to withdraw this application and resubmit at a later date. I have been unsuccessful in reaching you by phone, but feel free to contact me directly if you wish to discuss this further, Linda Linda Wiggs-Linda.Wiggs@ncdenr.gov North Carolina Dept.of Environment and Natural Resources Asheville Regional Office Division of Water Quality-Water Quality Section 2090 U.S.70 Highway Swannanoa, NC 28778 Tel:828-296-4500 Fax: 828-299-7043 From: William Lapsley [mailto•wlapsley@wgla.com] Sent: Friday, March 01, 2013 9:42 AM To: Wiggs, Linda Subject: Re: mills rvr health-high vista falls Linda: I am in California visiting my son and grandchildren. I understand the situation. Please withdraw the referenced application.We are on hold on the project until these matters are resolved. Bill William G. Lapsley, PE William G. Lapsley&Associates,PA 214 North King Street Hendersonville, North Carolina 28792 Phone 828-687-7177 Ext.307 Cell: 828-779-5046 ^_ �� `..;i \._- NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild,P.E. John E. Skvarla,III Governor Director Secretary March 1,2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2582 Mr. Tony Konsul Transylvania Utilities Inc. Connestee Falls WWTP#1 P.O.Box 240908 Charlotte,North Carolina 28224-0908 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2013-LV-0150 Connestee Falls WWTP#1 NPDES Permit No. NC0024295 . Transylvania County Dear Mr. Konsul: A review of the October 2012 self-monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 10/02/2012 001 Fecal coliform 1120#/ 100 ml 400 #/ 100 ml 10/30/2012 001 Fecal coliform 613 #/ 100 ml 400 #/ 100 ml A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0024295. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the October 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACE WATER-PROTECTION SECTION ASI-IEVII.LE REGIONAL;OFFICE Location:2090 U.S.Highway 70,Swaunanoa,North Carolina 28778 One Phone:828-296-4500\Pax:828-299-7043 NorthCarolina Internet:htta'llpor a'l.ncdenr.ocg/weblwg Natural& An Equal Opportunity\Atfinnative Action Employer—i0%Recycled%I09 o Post Consumer paper A Mr. Tony Konsul March 1,2013 Page Two Remedial actions,if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems,and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford,Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch S:`,S WPiI'ransN4vaniai4�nstevvater\.l:linorsiConnesfee Falls 24295;NOV-NR.E-2013-LV-0150.doc A'4 a+• �ILA& ER North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary March 1,2013 Haywood County DWQ Project 20130194 NCSR 1311 (Utah Mountain Road) Approval of 401 Water Quality Certification with Additional Conditions Mr.J.B. Setzer,P.E. Division 14 Engineer ' North Carolina Department of Transportation 253 Webster Road Sylva,North Carolina,28779 Dear Mr. Setzer: You have our approval, in accordance with the conditions listed below,for the following impacts in Garrett Creek and in an unnamed tributary to Garrett Creek for the purpose of replacing Bridge No. 328 with a double-barrel 37-foot long, 8- foot wide by 7-foot high,reinforced concrete box culvert on NCSR 1311 (Utah Mountain Road)in Haywood County: - Stream Impacts in the French Broad River Basin Site Temporary Fill Permanent Permanent Temporary Total Stream In Intermittent Stream Fill in Impacts in Stream Impacts Stream Relocation Perennial Perennial Impact Requiring (linear ft) (linear ft) Stream Stream (linear ft) Mitigation (linear ft) linear ft) (linear ft) Site 1 0 0 37 62 99 0 Site 2 0 70 0 95 165 0 Site 3 0 0 11 56 67 0 Total 0 70 48 213 331 1 0 Total Permanent Stream Impacts for Project: 118 lin.ft.Total Temporary Stream Impacts for Project:213 linear ft. The project should be constructed in accordance with your application dated February 26, 2013 (received February 26, 2013), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No.3886, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition,you should acquire any other federal, state or local permits before you proceed with your project including(but not limited to)Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter,and is thereby responsible for complying with all conditions. If SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollna Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 AM WAY �C�N�/J� Internet: www.newaterquality.org ��/ " An Equal Opportunity 1 Affirmative Action Employer Mr.I B. Setzer,P.E. \ March 1,2013 Page Two total wetland fills for this project(now or in the future)exceed one acre, or if total impacts to streams(now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid,you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Caroline: Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow- sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. This project has the potential to impact trout waters or other aquatic species of concern. No construction activities shall begin until the NCWRC makes a determination regarding moratoria. Should the NCWRC determine that a moratorium is applicable, then the requirements of any moratorium shall be a condition of this 401 Certification. If the Federal Highway Administration does not wish to honor the moratorium, then a written modification shall be requested. 5. For projects impacting waters classified by the NC Environmental Management Commission as Trout(Tr),High Quality Waters(HQW),or Water Supply I or II(WSI, WSII)stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating storm water runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. 6. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 7. Unless otherwise approved in this certification,placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above f _, structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. ..ir.J.B. Setzer,P.E. March 1, 2013 Page Three 8. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 9. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 10. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 11. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 12. Native riparian vegetation(e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 13. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 14. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed,sized and installed. 15. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 16. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels,lubricants,hydraulic fluids, or other toxic materials. 17. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 19. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 20. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 21. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 22. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 23. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 24. The outside buffer,wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 25. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d)of the Clean Water Act)and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. Mr.I B. Setzer,P.E. March 1, 2013 Page Four 26. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stonnwater management rules, soil erosion and sedimentation control requirements, etc. 27. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 28. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, for Charles Wakild,P.E.,Director Division of Water Quality Attachments cc: Lori Beckwith,USACE,Asheville Field Office Mark Davis,Division 14,DEO Ben DeWit,Roadside Environmental FO Engineer Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 20130194(Setzer)Bridge 328 NCSR 1311(Utah Mountain Road) NCDGNR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild,P.E. John E.Skvarla,III Governor Director Secretary March 4, 2013 Tony J. Konsul Transylvania Utilities Inc PO Box 240908 Charlotte NC 28224-0908 SUBJECT: Compliance Evaluation Inspection Connestee Falls WWTP #1 Permit No: NCO024295 Transylvania County Dear Mr. Konsul: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on February 7, 2013. As noted in previous inspections parts of _ the concrete wall are deteriorating to the point that portions of them have been deemed unfit to walk on. As parts of the facility are at or near the age of their life expectancy, an evaluation should be conducted to determine if rehabilitation or replacement of the infrastructure would be the better course of action. No violations of permit requirements or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, pleas call me at 828-296-4500. Sincerely, t Jeff Menzel Environmental Specilalist Enclosure cc: David Medling, ORC Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NoI t11Carol/ina �/ Phone:(828)296-4500\FAX:828 299-7043 vaturalLff Internet:www.ncwaterauality.orci S:\SWP\Transylvania\Wastewater\Minors\Connestee Falls 24295\24295 CEI 2-7-2013.docx United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compfinnrp Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15 I 31 NCO024295 111 121 13/02/07 117 181 C I 19I S I 20I I Remarks 21111111111111111111111111111111111111111111111111 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67I 169 70) I 711 I 72I N I 73 L1J 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:00 AM 13/02/07 11/07/01 Connestee Falls WWTP#1 5999 Greenville Hwy Exit Time/Date Permit Expiration Date Brevard NC 28712 12:30 PM 13/02/07 15/09/30 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 Martin J.Lashua,PO Box 240908 Charlotte NC 282240908/Regional Manager/704-525-7990/7045258174 Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement Operations&Maintenance 0 Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3 NCO024295 111 12, 13/02/07 17 18IC Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) As noted in previous inspections, parts of the concrete wall are deteriorating to the point that portions of them have been deemed unfit to walk on. As parts of the facility are at or near the age of their life expectancy, an evaluation should be conducted to determine if rehabilitation or replacement of the infrastructure would be the better course of action. No violations of permit requirements or applicable regulations were observed during this inspection. i-� Page# 2 Permit: NCO024295 Owner-Facility: Connestee Falls WWTP#1 Inspection Date: 02/07/2013 Inspection Type: Compliance Evaluation Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex:MLSS,MCRT,Settleable Solids, pH,DO,Sludge ■ n n n 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? fl ❑ ■ Is the facility as described in the permit? ■ n #Are there any special conditions for the permit? ❑ n ■ n Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Standby Power Yes No NA NE Is automatically activated standby power available? ■ n ❑ n Is the generator tested by interrupting primary power source? ■ n n n Is the generator tested under load? ■ ❑ n n Was generator tested&operational during the inspection? ■ n n n Do the generator(s)have adequate capacity to operate the entire wastewater site? ■ n n Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ n n n Is the generator fuel level monitored? ■ n ❑ n Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical n Are the bars adequately screening debris? ■ n n n Is the screen free of excessive debris? ■ Cl n Is disposal of screening in compliance? ■ n 00 Is the unit in good condition? ■ n 0 n Comment: Aeration Basins Yes No NA NE Page# 3 Permit: NCO024295 Owner-Facility: Connestee Falls WWTP#1 \ Inspection Date: 02/07/2013 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Surface Is the basin free of dead spots? ■ n n n Are surface aerators and mixers operational? ■ n n n Are the diffusers operational? n n ■ n Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25%of the basin's surface? ■ n n n Is the DO level acceptable? n n n ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) n n n ■ Comment: As noted is previous inspections, parts of the concrete wall are detoriating to the point that portions of them have been deemed unfit to walk on.As parts of the facility are at or near the age of its life expectancy, an evaluation should be conducted to determine if rehabilitation or replacement of the infastructure would be the better course of action. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ Are weirs level? ■ n n n Is the site free of weir blockage? ■ n n Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ n ❑ n Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? ■ 0- 0 n Is the return rate acceptable(low turbulence)? ■ ❑ n Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable?(Approximately''/<of the sidewall depth) n n n ■ Comment: Disinfection-Liquid Yes No NA NE Is there adequate reserve supply of disinfectant? ■ n (Sodium Hypochlorite)Is pump feed system operational? ■ n n n Is bulk storage tank containment area adequate?(free of leaks/open drains) ■ n n n Page# 4 Permit: NC0024295 Owner-Facility: Connestee Falls WWTP#1 Inspection Date: 02/07/2013 Inspection Type: Compliance Evaluation Disinfection-Liquid Yes No NA NE Is the level of chlorine residual acceptable? 0 n Cl ❑ Is the contact chamber free of growth,or sludge buildup? 0 n n Is there chlorine residual prior to de-chlorination? 0 n n Comment: De-chlorination Yes No NA NE Type of system? Liquid Is the feed ratio proportional to chlorine amount(1 to 1)? n Q Is storage appropriate for cylinders? ❑ El n #Is de-chlorination substance stored away from chlorine containers? n n (l Comment: Are the tablets the proper size and type? n n Is n Are tablet de-chlorinators operational? n ❑ M n Number of tubes in use? Comment: Page# 5 �. �/ i��j A14JL;* NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E.Skvarla,III Governor Director Secretary March 4, 2013 Tony J. Konsul Transylvania Utilities Inc PO Box 240908 Charlotte NC 28224-0908 SUBJECT: Compliance Evaluation Inspection Connestee Falls WWTP #2 Permit No: NCO088943 Transylvania County Dear Mr. Konsul Enclosed please find a copy of the Compliance Evaluation Inspection conducted on February 7, 2013. No violations of permit requirements or applicable regulations were observed during thus inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, pleas call me at 828-296-4500. Sincerely, Jeff Menzel Environmental Specialist Enclosure cc: David Medling, ORC Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarohna Phone:(828)296-4500\FAX:828 299-7043 Natur+Q[[j� Internet:www.ncwatergua►ity.org S:\SWP\Transylvania\WastewaterWlinors\Connestee Falls 24295\NC0088943 WWTP#2\88943 CEI 02-7-2013.docx �� �. ���, �� ��, �� J' __ United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I N I 2 15 I 31 NC0088943 ill 121 13/02/07 117 181 C I 19I S I 20I I Remarks 211111111111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIII16 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67 I 169 70131 711 I 72 I N I 73 L1J 74 751 I I I I I Li 80 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 08:00 AM 13/02/07 12/08/01 Connestee Falls WWTP#2 Walnut Hollw Rd Exit Time/Date Permit Expiration Date Brevard NC 28712 01:00 PM 13/02/07 15/09/30 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 Martin J.Lashua,PO Box 240908 Charlotte NC 282240908/Regional Yes Manager/704-525-7990/7045258174 Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Flow Measurement 0 Operations&Maintenance 0 Facility Site Review E Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel /I ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 A NPDES yr/molday Inspection Type 3I NCO088943 I11 12I 13/02/07 117 18I CI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The facility appeared to be operating well. No violations of permit requirements or applicable regulations were observed during this inspection. �l Page# 2 Permit: NCO088943 Owner-Facility: Connestee Falls WWTP#2 Inspection Date: 02/07/2013 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex: MLSS,MCRT,Settleable Solids, pH,DO,Sludge ■ 0 n 0 Judge,and other that are applicable? Comment: Flow Measurement-Influent Yes No NA NE #Is flow meter used for reporting? ■ Q n n Is flow meter calibrated annually? ■ ❑ 0 n Is the flow meter operational? ■ n n n (If units are separated)Does the chart recorder match the flow meter? ■ Cl 0 ❑ Comment: THe meter is calibrated annually. Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical n Are the bars adequately screening debris? ■ ❑ n n Is the screen free of excessive debris? ■ n n n Is disposal of screening in compliance? ■ n n n Is the unit in good condition? ■ ❑ n n Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ ❑ ❑ n Are surface aerators and mixers operational? n n ■ n Are the diffusers operational? ■ n n Is the foam the proper color for the treatment process? ■ n n Q Does the foam cover less than 25%of the basin's surface? ■ n ❑ n Is the DO level acceptable? n fl n ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) n ❑ o ■ Comment: Page# 3 Permit: NC0088943 Owner-Facility: Connestee Falls wWTP#2 Inspection Date: 02/07/2013 Inspection Type: Compliance Evaluation Disinfection-Tablet ices No NA NE Are tablet chlorinators operational? ■ 00 n Are the tablets the proper size and type? ■ n n n Number of tubes in use? 4 Is the level of chlorine residual acceptable? n n n ■ Is the contact chamber free of growth,or sludge buildup? ■ ❑ n n Is there chlorine residual prior to de-chlorination? 0 n n ■ Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? ■ (_I n n Is storage appropriate for cylinders? ■ n n n #Is de-chlorination substance stored away from chlorine containers? ■ 0 n n Comment: Are the tablets the proper size and type? ■ fl n n \ Are tablet de-chlorinators operational? ■ n n n Number of tubes in use? 4 Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n 0 n Are the receiving water free of foam other than trace amounts and other debris? ■ n ❑ 0 If effluent (diffuser pipes are required) are they operating properly? n n ■ Comment: Page# 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E. Skvarla III Governor Director Secretary March 4, 2013 Cameron McHargue,Town Manager Town of Spindale PO Box 186 Spindale, NC 28160 Subject: Permit No.WQ0036376 Town of Spindale Timber Ridge Cottages Wastewater Collection System Extension Rutherford County Dear Mr. McHargue: In accordance with your application received February 26,2013,we are forwarding.herewith Permit No. WQ0036376, dated March 4, 2013, to the Town of Spindale for the construction and operation of the _ subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. This cover letter and supplement shall be considered a part of this permit and are therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: 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 Town of Spindale 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. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One 2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolina Phone:(828)296-4500 FAX:828 299-7043 �atut,Q[l� Intemet:www.ncwaterauality.org An Eaual Owortunity 1 Affirmative Action Emnlnver Page Two Town of Spindale WQ0036376 March 4,2013 If you need additional information concerning this matter, please contact Linda Wiggs at(828)296-4500 or via e-mail at linda.wiggs@ncdenr.gov Sincerely, for Charles Wakild, P.E., Director Division of Water Quality cc: Civil Concept Design-Chris Day Asheville Regional Office,Surface Water Protection Section Water Quality Central Files PERCS(electronic copy) -_ SASWP\Rutherford\Collection Systems\Spindale Collection System\WQ0036376.Spindale.TimberRdg.2013.docx f NCDENR STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 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 Spindale Rutherford County for the construction and operation of approximately 1244 linear feet of 8-inch gravity sewer as part of the Timber Ridge Cottages project, and the discharge of 8,800 gallons per day of collected domestic/ commercial, wastewater into the Town of Spindale Wastewater Treatment Facility existing sewerage system; pursuant to the application received February 26, 2013 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. Permit issued this 4th day of March,2013. A �s f for Charles W1 Vild, P.E., Director >° Division of Water Quality By Authority of The Environmental Management Commission Permit Number:WQ0036376 SUPPLEMENT TO PERMIT COVER SHEET Town of Spindale 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 Spindale Wastewater Treatment Facility(NC0020664) prior to being discharged into the receiving stream. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by 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. 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. 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 of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 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 as provided in 15A NCAC 2T.0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters,and 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 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. 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. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number 828-296-4500, as soon as possible, but in no case more than 24 hours or on the next working day,following the occurrence or first knowledge of the occurrence of either of the following: 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 11 of Form CS-SSO(or the most current Division approved form) can also be completed to show that the SSO was beyond control. 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. 7. Per 15A NCAC 2T.0116, 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 pump station design calculations (selected pumps, system curve, operating point, buoyancy calculations, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project. 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. 8. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 9. Failure to abide by the conditions and limitations contained in this permits 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 1 wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. 10. 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. 11; The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations,or ordinances that may be imposed by other government agencies(local,state and federal)which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213.0200 and 15A NCAC 2H.0500. �. .\ \_. \, ��i �!�, _ _.. ___. FAST TRACK ENGINEERING CERTIFICATION Permittee: TOWN OF SPINDALE Permit No.WQ0036376 Project: TIMBER RIDGE COTTAGES Issue Date: 03/04/2013 Complete and submit this form to the permit issuing regional office with the following: • One copy of the project record drawings (plan & profile views and detail drawings of sewer lines) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) in pdf format. Record drawings should indicate the design and the marked up changes during construction. • Supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s)or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria Modifications should be submitted prior to certification. This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's Certification and all required supporting documentation. Therefore it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. 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 ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the subject project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's Seal,signature, and date: ....................................................................................... SEND THIS FORM&SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 HWY 70 SWANNANOA, NC 28778 The hermTttee Ts"resparys►me Tor tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. DWQ Use Only: Floe from this project is lributaly to:NCO020664 A �. �. i_,, l j:-,, ,��� _- A4i* NCDENR North Carolina Department of Environment and Natural Resources Division.of Water Quality Pat McCrory Charles Wakild,P.E. John E.Skvarla,III Governor Director Secretary March 4,2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2599 Mr. George W. Ware Jonas Ridge Adult Care Facility P.O.Box 658 Newland,North Carolina 28657-0658 Subject: Notice of Violation and Recommendation for Enforcement Tracking#; NOV-2013-LV-0151 Jonas Ridge Adult Care Facility WWTP NPDES Permit No.NCO060224 Burke County Dear Mr. Ware: A review of the November 2012 self-monitoring report for the subject facility revealed a violation of the following parameter: Date Outfall Parameter Reported Value Permit Limit 11/30/2012 001 Ammonia Nitrogen 9.78 mg/1 4 mg/1 A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE)is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0060224. Pursuant to G.S. 143-215.6A,a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the November 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared.' SL IRFACE WATER PROTECTION SECTION--ASI-IEVILLG REGIONYU,OFFICE Location:2090 U.S.Highway 70,Swannanoa.North Carolina 28778 One Phone:828-296-4';001 Pax:828-299-7043 NortliCarolila Internet:http://Poral.nodenr.org/weblwq NatltP1411 An Equal Opportunity\Affirmative Action Employer--50%Recvcle&-'10%Post Consumer paper Mr. George W. Ware March 4,2013 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, `yam Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch S:SWP\BLfrke asteuater::MinorsUonas Ridge Adtilt `are 6O224`;NOV-NR1-2013-1-V-Olil.doc �i' WX NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E.Skvarla,III Governor Director Secretary March 5, 2013 Belvin Hall Buncombe County Schools 175 Bingham Rd Asheville, NC 28806 SUBJECT: Compliance Sampling Inspection Fairview Elementary School WWTP Permit No: NCO066788 Buncombe County Dear Mr. Hall: On February 20, 2013, a Compliance Sampling Inspection was performed at the subject wastewater facility. Present during the inspection was Todd Moore with RPB Systems, Inc. The facility was found to be in compliance with permit NC0066788. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sin , Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enclosure cc: RPB Systems, ORC Central Files Asheville Files S:ASWP\Buncombe\Wastewater\Minors\Fairview Elementary 66788\CSI.66788.Feb2013.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NothCarolina Phone: (828)296-4500\FAX:828 299-7043 !� Internet:www.ncwatera ����t,�/ uality.orci ` Permit: NCO066788 Owner-Facility: Fairview Elementary School Inspection Date: 02/20/2013 Inspection Type: Compliance Sampling Equalization Basins Yes No NA NE Are audible and visual alarms operable? E n n Cl #Is basin size/volume adequate? m n n n Comment: Monthly maintenance is performed on pumps/blowers. Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? E n n n Are surface aerators and mixers operational? n n 0 n Are the diffusers operational? E n n n Is the foam the proper color for the treatment process? n n E n Does the foam cover less than 25%of the basin's surface? n n n Is the DO level acceptable? n n n Is the DO level acceptable?(1.0 to 3.0 mg/1) n n n Comment: No foam was noted. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? n n 0 n Are weirs level? 0 n n n Is the site free of weir blockage? 0 n n n Is the site free of evidence of short-circuiting? 0 n n n Is scum removal adequate? 0 n n n Is the site free of excessive floating sludge? 0 n n n Is the drive unit operational? n n 0 Cl Is the return rate acceptable(low turbulence)? n n n 0 Is the overflow clear of excessive solids/pin floc? n n n Is the sludge blanket level acceptable?(Approximately'%of the sidewall depth) n n Comment: Minimal amount of floating sludge and pin floc but did not appear to be a problem. See summary for effluent results. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? n n n Page# 4 Permit: NCO066788 Owner-Facility: Fairview Elementary School Inspection Date: 02/20/2013 Inspection Type: Compliance Sampling Disinfection-Tablet Yes No NA NE Are the tablets the proper size and type? ■ n Cl n Number of tubes in use? 3 Is the level of chlorine residual acceptable? n n n ■ Is the contact chamber free of growth,or sludge buildup? ■ n n n Is there chlorine residual prior to de-chlorination? n n n ■ Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ n Is storage appropriate for cylinders? n n ■ n #Is de-chlorination substance stored away from chlorine containers? n n ■ n Comment: Are the tablets the proper size and type? ■ (l ❑ n Are tablet de-chlorinators operational? ■ ❑ n 3 Number of tubes in use? Comment: Standby Power Yes No NA NE Is automatically activated standby power available? ■ n n n Is the generator tested by interrupting primary power source? n n n ■ Is the generator tested under load? n n 0 ■ Was generator tested&operational during the inspection? n n ❑ ■ Do the generator(s)have adequate capacity to operate the entire wastewater site? n ❑ n ■ Is there an emergency agreement with a fuel vendor for extended run on back-up power? n ❑ n ■ Is the generator fuel level monitored? n n n ■ Comment: Standby power is natural gas. The County school maintenance crew maintains the generator, not the ORC Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n n n Are the receiving water free of foam other than trace amounts and other debris? ■ 0-0 n If effluent (diffuser pipes are required) are they operating properly? n n ■ n Page# 5 Permit: NC0066788 Owner-Facility: Fairview Elementary School Inspection Date: 02/20/2013 Inspection Type: Compliance Sampling l Effluent Pipe Yes No NA NE Comment: The effluent and the receiving waters looked good. No obvious adverse impacts were noted instream. Page# 6 RUNE North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E.Skvarla, III Governor Director Secretary March 5, 2013 Belvin Hall Buncombe County Schools 175 Bingham Rd Asheville, NC 28806 SUBJECT: Compliance Sampling Inspection Cane Creek Elementary School WWTP Permit No: NCO086436 Buncombe County Dear Mr. Hall: On February 20, 2013, a Compliance Sampling Inspection was performed at the subject wastewater facility. Present during the inspection was Todd Moore with RPB Systems, Inc. The facility was found to be in compliance with permit NC0086436. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enclosure cc: RPB Systems, ORC Central Files Asheville Files \ S:\SWP\Buncombe\Wastewater\Minors\Cane Creek Middle Sch 86436\CSI.86436.Feb 2013.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarofiina Phone:(828)296-4500\FAX:828 299-7043 �atutq[[� Internet:www.ncwatercivality.ora ._ �� �.� t �._�, �_...,a � i __ United States Environmental Protection Agency Form Approved. EPA A Washington,D.C.20460 OMB No.2040-0057 Watpr Cnmpfiance Inspection Report trH Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15 I 31 NC0086436 111 121 13/02/20 117 18I S I 19I S I 20I I Remarks 211 1 1 1 1 1 L 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 I I I I I I I I I I i 1 1 16 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -----—--------------------Reserved---------------------- 67 I 169 70131 711 I 72 I N I 73 LJJ 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:10 AM 13/02/20 11/02/01 Cane Creek Elementary School 570 Lower Brush Creek Rd Exit Time/Date Permit Expiration Date Fletcher NC 28732 10:55 AM 13/02/20 15/12/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data III Todd M Moore/ORC// Name,Address of Responsible Official/Title/Phone and Fax Number Contacted > Larry McCallum,175 Bingham Rd Asheville NC 28806//828-255-5921/8282555923 Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Flow Measurement Operations&Maintenance 0 Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Linda S Wiggs %{,CYy ARO WQ//828-296-4500 Ext.4653/ ,A I 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 ydmo/day Inspection Type 3 NC0086436 I11 12, 13/02/20 17 18 S Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) ORC reports sludge removal occurs —1-2 yr. Stevens flow meter is calibrated annually. Log book in good order. Effluent Field Parameter Results: pH (inspector)6.45 su @ 8.2 C. pH (ORC) 6.46 su @ 8.2 C. Aeration Basin: DO (inspector)6.9 mg/1 @ 8.3 C. DO (ORC)6.8 mg/I @ 8.4 C. Effluent Sample Results: BOD 7.1 mg/1 Fecal Coliform 1/100ml TSS 6.2 mg/I Page# 2 Permit: NC0086436 Owner-Facility: Cane Creek Elementary School Inspection Date: 02/20/2013 Inspection Type: Compliance Sampling Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n Is the facility as described in the permit? ■ n n n #Are there any special conditions for the permit? rl n ■ Cl Is access to the plant site restricted to the general public? ■ ❑ n 0 Is the inspector granted access to all areas for inspection? ■ n fl fl Comment: Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? m n n n Does the facility analyze process control parameters,for ex:MLSS,MCRT,Settleable Solids,pH, DO,Sludge ■ 0 D El Judge,and other that are applicable? Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical n Are the bars adequately screening debris? ■ ❑ n n Is the screen free of excessive debris? ■ n n n Is disposal of screening in compliance? ■ 0 ❑ n Is the unit in good condition? ■ n n n Comment: School allows ORC to use dumpster for debris disposal. There was minimal debris that passed through bar screen into EQ basin but ORC is not having problems as a result.See above. Equalization Basins Yes No NA NE Is the basin aerated? ■ n n n Is the basin free of bypass lines or structures to the natural environment? ■ n ❑ n Is the basin free of excessive grease? ■ n n n Are all pumps present? ■ 11 Are all pumps operable? ■ L n n Are float controls operable? ■ Are audible and visual alarms operable? ■ 0 0 n #Is basin size/volume adequate? ■ n n n Page# 3 Permit: NCO086436 Owner-Facility: Cane Creek Elementary School \ Inspection Date: 02/20/2013 Inspection Type: Compliance Sampling \, Equalization Basins Yes. No NA NE Comment: Minor amount of feminine hygiene products floating in EQ, if it becomes a problem at the facility the school may need to post signs in bathroom stalls stating "do not to flush". Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ 0 n n Are surface aerators and mixers operational? t1 n ■ n Are the diffusers operational? ■ ❑ D n Is the foam the proper color for the treatment process? ■ 0 ❑ 0 Does the foam cover less than 25%of the basin's surface? ■ n n n Is the DO level acceptable? ■ n n 0 Is the DO level acceptable?(1.0 to 3.0 mg/1) 0 fl ■ f_I Comment: The DO was 6.5 mg/I, ORC says it will drop in the afternoon to normal " range and he is not having problems operating the system. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ 0 ❑ 0 Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ (3 ■ 0 Are weirs level? ■ 0 0 n Is the site free of weir blockage? ■ n Is the site free of evidence of short-circuiting? ■ n 0 Is scum removal adequate? ■ 0 ❑ n Is the site free of excessive floating sludge? ■ 0 ❑ 0 Is the drive unit operational? f_I ❑ ■ Is the return rate acceptable(low turbulence)? n Cl ❑ ■ Is the overflow clear of excessive solids/pin floc? ■ n 0 0 Is the sludge blanket level acceptable?(Approximately''/,of the sidewall depth) ■ 0 0 0 Comment: Minor pin floc. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ ❑ ❑ Page# 4 Permit: NC0086436 Owner-Facility: Cane Creek Elementary School Inspection Date: 02/20/2013 Inspection Type: Compliance Sampling Disinfection-Tablet Yes No NA NE Are the tablets the proper size and type? ■ ❑ n D Number of tubes in use? 2 Is the level of chlorine residual acceptable? n n n ■ Is the contact chamber free of growth,or sludge buildup? ■ n n n Is there chlorine residual prior to de-chlorination? n n n ■ Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ n Is storage appropriate for cylinders? n n ■ n #Is de-chlorination substance stored away from chlorine containers? n n ■ n Comment: Are the tablets the proper size and type? ■ n n n Are tablet de-chlorinators operational? ■ n n n Number of tubes in use? 2 Comment: Standby Power Yes No NA NE Is automatically activated standby power available? ■ n ❑ n Is the generator tested by interrupting primary power source? n n n ■ Is the generator tested under load? n n n ■ Was generator tested&operational during the inspection? n n n ■ Do the generator(s)have adequate capacity to operate the entire wastewater site? n n n ■ Is there an emergency agreement with a fuel vendor for extended run on back-up power? n n n ■ Is the generator furl level monitored? n n n ■ Comment: The County school maintenance crew maintains this system. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n n n Are the receiving water free of foam other than trace amounts and other debris? ■ n n n If effluent (diffuser pipes are required) are they operating properly? ■ n n n Comment: The effluent and receiving waters look good, no issues were noted. Page# 5 Permit: NC0086436 Owner-Facility: Cane Creek Elementary School �\ Inspection Date: 02/20/2013 Inspection Type: Compliance Sampling Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? n ❑ Cl Is flow meter calibrated annually? 0 Q n Is the flow meter operational? Cl ❑ (If units are separated)Does the chart recorder match the flow meter? n fl fl Comment: 1 Page# 6 A4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E. Skvarla III Governor Director Secretary March 5, 2013 Marcus Jones, Henderson County Engineer Cane Creek Sewer and Water District 1 Historic Courthouse Square,Suite 6 Hendersonville, NC 28792 Subject: Permit No.WQ00363690 Cane Creek Sewer and Water District Mission Pardee Health Campus Wastewater Collection System Extension Henderson County Dear Mr.Jones: In accordance with your application received February 21, 2013 we are forwarding herewith Permit No. WQ0036390, dated March 5, 2013, to Cane Creek Sewer and Water District for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. This cover letter and supplement shall be considered a part of this permit and are therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: 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 Cane Creek Sewer and Water District 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. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE 2090 U.S.Highway 70,Swannanoa,NC 28778 NOfffiCarolina Phone:(828)296-4500 FAX:828 299-7043 [ Internet:www.ncwatercivality.or9 Natuta l/Y An Equal Opportunitv 1 Affirmative Action Emplover Page Two Cane Creek Sewer and Water District WQ0036390 March 5,2013 If you need additional information concerning this matter, please contact Linda Wiggs at(828)296-4500 or via e-mail at linda.wiggs@ncdenr.gov Sincerely, f for Charles Wakild, P.E., Director Division of Water Quality cc: William Lewis(e-copy) Henderson County Health Department Henderson Building Inspections Department MSD—Stan Boyd \ Asheville Regional Office,Surface Water Protection Section Water Quality Central Files PERCS(electronic copy) S:\SWP\Henderson\Collection Systems\Henderson County Utilities-Cane Creek Sewer District\WQ0036390.Mission Pardee.2013.docx i�f � NCDNR M STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 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 Cane Creek Sewer and Water District Henderson County for the construction and operation of approximately 2190 linear feet of 8-inch gravity sewer, as part of the Mission Pardee Health Campus project, and the discharge of 5,000 gallons per day of collected domestic wastewater into the MSD existing sewerage system, pursuant to the application received February 21, 2013, and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast- Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. Permit issued this 5th day of March,2,13. . '' for CharleNakild, P.E., Director Division of Water Quality By Authority of The Environmental Management Commission Permit Number:WQ0036390 SUPPLEMENT TO PERMIT COVER SHEET Cane Creek Sewer and Water District 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 MSD Wastewater Treatment Facility(NPDES Permit No. NC0024911) prior to being discharged into the receiving stream. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by 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. 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. 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 of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1,,2000 as applicable; and other supporting materials unless specifically mentioned herein. 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 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 as provided in 15A NCAC 2T.0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters,and 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 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. 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. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number 828-296-4500, as soon as possible, but in no case more than 24 hours or on the next working day,following the occurrence or first knowledge of the occurrence of either of the following: 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. 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. 7. Per 15A NCAC 2T.0116, 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 pump station design calculations (selected pumps, system curve, operating point, buoyancy calculations, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project. i 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. 8. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 9. 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. 10. 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. 11. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations,or ordinances that may be imposed by other government agencies(local,state and federal)which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213.0200 and 15A NCAC 2H .0500. C _._ _- - - - _- --L--- ��\ _� � . �_:, ��.,. �_�' i'\ ��4 % __ __ FAST TRACK ENGINEERING CERTIFICATION Permittee: CANE CREEK SEWER AND WATER DISTRICT Permit No.WQ0036390 Project: MISSION PARDEE HEALTH CAMPUS Issue Date: 03/05/2013 Complete and submit this form to the permit issuing regional office with the following: • One copy of the project record drawings (plan &profile views and detail drawings of sewer lines) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) in pdf format. Record drawings should indicate the design and the marked up changes during construction. • Supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s)or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria Modifications should be submitted prior to certification. This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's Certification and all required supporting documentation. Therefore it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. PERMITTEE'S CERTIFICATION 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 ❑ Partial ❑ Final 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 subject project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's Seal,signature, and date: ......................................................................................... SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HWY 70 SWANNANOA, NC 28778 :........................................................................................ The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. DWQ Use Only: Flow from this project is tributary to:NCO02491 l Awn, NCD►ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary March 5, 2013 Ms. Eunice L. Tingle Royal Oaks Inc. 200 Golfwatch Road Canton, North Carolina 28716 Subject: NOTICE OF VIOLATION NOV-2013-MV-0031 Permit No. NCO040355 Springdale Country Club WWTP Haywood County Dear Ms. Tingle: A review of Springdale Country Club WWTP's monitoring report for November 2012 showed the following violations: Parameter Date Measuring Violation Frequency Flow, in conduit or thru treatment 11/01/2012 Continuous Failure to Monitor plant through 11/30/2012 It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 8281296-4500. Sincerely, Z , F Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files Goldie &Associates/ORC One S:\SWP\Haywood\Wastewater\MinorslSpringdale Country Club 40385\N©V-2013-NIV-0031 Aoc NorthCarolina Ivaturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 ho e(828)299-7043 Internet: www.ncwatergualitv.ora T;A mmPow" NCDE R North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary March 6, 2013 Landdaly LLC C/O Chris Daly 5786 Benfield Landing Road Nebo,North Carolina 28761 Landdaly LLC C/O Chuck Sehi 5786 Benfield Landing Road Nebo,North Carolina 28761 Subject: 401 Water Quality Certification-Approval Benfields Harbor DWQ Project# 13-0139 Burke County CTB30/Catawba River(Lake James)/ l l-(23)/Class WS-V; B Dear Mr. Daly& Sehi: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 120 linear feet of open waters for the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers(USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to)Erosion and Sediment Control and Buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\FAX:828-299-7043 NorthCarollna Internet:www.ncwaterquality.org V f tl�+�C/1J Chris Daly and Chuck Sehi \ March 6,2013 Page 2 of 2 `� The following impacts are hereby approved as long as all of the other specific and general condition&, this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters 120 (linear feet) (0.0055 acres) Plan Sketch Additional Conditions 1. Riprap Installation All banks shall be laid back at a 2:1 (length : height) slope and riprap applied at the water/land interface (at full pool). Riprap shall be placed as a linear protective measure upon the regraded slopes. Stone used in stabilization shall be at least Class B riprap in size with at least 2 boulders per 100 linear feet of up to 6 feet in diameter to provide additional wildlife habitat. The rip-rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. All exposed soils, above the Riprap stabilized area,to a distance of 30 feet from the top of bank shall be replanted in accordance with the attached Guidelines for Riparian Buffer Restoration. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Jonathan Stepp in the Asheville Regional Office at(828) 296-4660. Sincerely, -� 6 ez for Charles Wakild,P.E., Director CWljas/khb Enc: GC3898 Certificate of Completion Guidelines for Riparian Buffer Restoration cc: Peter Minter,Burke County USACE Asheville Regulatory Field Office WBSCP Unit-Central Office File Copy S:\SWP\Burke\401s\Non-DOT\Benfields Harbor Bank Stabilization\Benfields Harbor.doc NCDGNR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E. Skvarla III Governor Director Secretary March 7,2013 Marcus Jones, Henderson County Engineer Cane Creek Sewer and Water District 1 Historic Courthouse Square,Suite 6 Hendersonville, NC 28792 Subject: Permit No.WQ003639O Cane Creek Sewer and Water District Mission Pardee Health Campus Wastewater Collection System Extension Henderson County Dear Mr.Jones: Please replace this cover letter with the one dated March 5, 2013. Erroneously there was an extra digit in the previous cover letters subject permit number. ,- In accordance with your application received February 21, 2013 we are forwarding herewith Permit No. WQ003639O, dated March 5, 2013, to Cane Creek Sewer and Water District for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. This cover letter and supplement shall be considered a part of this permit and are therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: 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 Cane Creek Sewer and Water District 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 15OB 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. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE 2090 U.S. Highway 70,Swannanoa,NC 28778 One NOTthCdTO/h/ria Phone:(828)296-4500 FAX:828 299-7043 Internet:www,ncwaterguality.org An Equal Opportunity;Affirmative Action Employer Page Two �\ Cane Creek Sewer and Water District WQ0036390 March 7,2013 If you need additional information concerning this matter, please contact Linda Wiggs at(828)296-4500 or via e-mail at linda.wiggs@ncdenr.gov Sincerely, L r for Charles Wakild, P.E., Director Division of Water Quality cc: William Lewis(e-copy) Henderson County Health Department Henderson Building Inspections Department MSD—Stan Boyd Asheville Regional Office,Surface Water Protection Section f- Water Quality Central Files PERCS(electronic copy) S:\SWP\Henderson\Collection Systems\Henderson County Utilities-Cane Creek Sewer District\WQ0036390.Mission Pardee.correction.2013.docx J 1 I, DEN North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrary Charles Wakild, P.E. Jahn E. Skvarla, III Governor Director Secretary March 7,2013 Transylvania County DWQ Project 20130225 Replacement of Bridge No.221 NCSR 1388 (Old Rosman Highway) Approval of 401 Water Quality Certification with Additional Conditions Mr.J.B. Setzer,P.E. Division 14 Engineer North Carolina Department of Transportation 253 Webster Road Sylva,North Carolina,28779 Dear Mr. Setzer: You have our approval,in accordance with the conditions listed below,for the following impacts in Galloway Creek for the purpose of replacing Bridge No. 221 with a 78-foot long, 142-inch wide by 91-inch high,aluminized corrugated steel pipe on NCSR 1388(Old Rosman Highway)in Transylvania County: Stream Impacts in the French Broad River Basin Site Permanent Fill Streambank Permanent Temporary Total Stream in Intermittent Stabilization Fill in Impacts in Stream Impacts Stream In Perennial Perennial Perennial Impact Requiring (linear ft) Stream Stream Stream (linear ft) Mitigation linear ft linear ft linear ft linear ft Site 1 0 0 78 150 228 0 Site 2 0 20 0 0 20 0 Site 3 0 23.„_ 0 0 23 0 Total 0 43 78 1 150 271 1 0 Total Permanent Stream Impacts for Project: 121 lin.ft.Total Temporary Stream Impacts for Project: 150 linear ft. The project should be constructed in accordance with your application dated March 5, 2013 (received March 5, 2013), including the environmental commitments made in the application letter. After reviewing your. application, we have decided that these impacts are covered by General Water Quality Certification No. 3886, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including(but not limited to)Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 1 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollna Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 Internet: www.newaterquality.org An Equal Opportunity i Affirmative Action Employer Mr. J.B. Setzer,P.E. March 7,2013 Page Two be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre,or if total impacts to streams(now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be'- such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 5. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 6. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. ir.J.B. Setzer,P.E. March 7,2013 Page Three 8. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 9. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 10. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 11. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 12. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 13. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 14. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels,lubricants,hydraulic fluids, or other toxic materials. 15. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 17. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 18. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 19. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 20. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 21. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 22. The outside buffer,wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 23. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d)of the Clean Water Act)and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 24. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements,etc. 25. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. A Mr.J.B. Setzer,P.E. \\ March 7,2013 Page Four 26. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, for Charles Wakild,P.E.,Director Division of Water Quality Attachments cc: Lori Beckwith,USACE,Asheville Field Office Mark Davis,Division 14,DEO Ben DeWit,Roadside Environmental FO Engineer Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 20130225(Setter)Bridge 221 NCSR 1388(Old Roaman Road) &4 ImA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E. Skvarla, III Governor Director Secretary March 7, 2013 Joseph M Moore, II, P > Citv of Brevard 95 W Main St Brevard NC 28712 Subject: NOTICE OF VIOLATION NOV-20I3-DV-0065 Permit No.WQCS00084 City of Brevard Brevard Collection System Transylvania County Dear Mr Moore, I1,P F..: A review has been conducted of Brevard Collection System self reported Sanitary Sewer Overflow (SSO)5-Day Report submitted by City of Brevard. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00084 and/or G.S. 143- 215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type CSO/SSO (Sewer 02/26/2013 Sanitary Sewer Overflow Discharge Overflow) 94,442 gallons into Without Valid Gallimore Road Lift Station Singing gin Branch Permit DWQ Incident#201300421 Severe Natural Conditions Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions,please do not hesitate to contact Jeff Menzel of the Asheville Regional Staff at 828-296-4500. Sincerely, .t 4'Chuck Cranford,Regional Supervisor Surface Water Protection Section Asheville Regional Office Cc: DWQ ARO Files DWQ Central Files PERCS Unit SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NOrthCarolina Phone:(828)296-4500\FAX:828 299-7043 Internet:www.ncwatercivalitv.orci J NCQENR North Carolina Department of Environment and Natural Resources Division of Water Quality - Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary March 7,2013 Transylvania County DWQ Project 20130225 Replacement of Bridge No.221 NCSR 1388(Old Rosman Highway) Approval of 401 Water Quality Certification with Additional Conditions Mr.J.B. Setzer,P.E. Division 14 Engineer North Carolina Department of Transportation 253 Webster Road Sylva,North Carolina,28779 Dear Mr. Setzer: You have our approval,in accordance with the conditions listed below,for the following impacts in Galloway Creek for the purpose of replacing Bridge No.221 with a 78-foot long,.142-inch wide by 91-inch high,aluminized corrugated steel pipe on NCSR 1388 (Old Rosman Highway)in Transylvania County: Stream Impacts in the French Broad River Basin Site Permanent Fill Streambank Permanent Temporary Total Stream in Intermittent Stabilization Fill in Impacts in Stream Impacts Stream In Perennial Perennial Perennial Impact Requiring (linear ft) Stream Stream Stream (linear ft) Mitigation linear ft linear ft linear ft linear ft Site 1 0 0 78 150 228 0 Site 2 0 20 0 0 20 0 Site 3 0 23 0 0 23 0 Total 0 43 1 78 150 271 1 0 Total Permanent Stream Impacts for Project: 121 lin.ft.Total Temporary Stream Impacts for Project: 150 linear ft. The project should be constructed in accordance with your application dated March 5, 2013 (received March 5, 2013), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3886, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must >SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE On..e,L, 1 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOlthCaroh 1a _'Phone:828-2964500\FAX:828-299-7043\Customer Service:1-877-623-6748 Internet: www,ncwaterquality.org KL ` An Equal Opportunity,Affirmative Action Employer Mr.J.B. Setzer,P.E. A_ March 7,2013 Page Two be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre,or if total impacts to streams(now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation; operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 5. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 6. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. Setzer,P.E. .eh 7,2013 -eage Three 8. The stream channel shall be excavated no deeper than the natural bed material of the stream,to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 9. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 10. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 11. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 12. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 13. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 14. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants,hydraulic fluids,or other toxic materials. 15. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 16.Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 17. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 18. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 19. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 20. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 21. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 22. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 23. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 24. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 25. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. Mr.J.B. Setzer,P.E. March 7,2013 Page Four �. 26. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings,6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, for Charles Wakild,P.E.,Director Division of Water Quality Attachments cc: Lori Beckwith,USACE,Asheville Field Office Mark Davis,Division 14,DEO Ben DeWit,Roadside Environmental FO Engineer Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 20130225(Setter)Bridge 221 NCSR 1388(Old Roaman Road) MUM North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild,P.E. John E.Skvarla, III Governor Director Secretary March 8, 2013 Tony J. Konsul Transylvania Utilities Inc. PO Box 240908 Charlotte NC 28224-0908 SUBJECT: Collection System Inspection Connestee Falls Collection System Permit No: WQCS00219 Transylvania County Dear Mr. Konsul Enclosed please find a copy of the Collection System Inspection conducted on Februa[y 7, 2013. The facility was found to be in Compliance with permit WQCS00219. No violations of permit requirements or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Jeff Menzel Environmental Specialist Enclosure cc: David Gary Medling, ORC Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 287.78 NOrthCarollna Phone:(828)296-4500\FAX:828 299-7043 ;Vatura[Lj� Internet:www.ncwatercivality.ora 9AC-1 J S:\SWP\Transylvania\Collection Systems\Transylvania Utilities\WQCS00219 CEI 2013.docx \\ \\ �,' . �I ` ___�\ \:��i _. ___.. Compliance Inspection Report Permit: WQCS00219 Effective: 12/30/05 Expiration: 11/30/13 Owner: Transylvania Utilities Inc SOC: Effective: Expiration: Facility: Transylvania Collection System County: Transylvania PO Box 240705 Region: Asheville Contact Person: Martin J. Lashua Title: Regional Manager Phone: 704-525-7990 Directions to Facility: System Classifications: CS2, CSNC, Primary ORC: David Gary Medling Certification:21722 Phone: 828-884-7487 Secondary ORC(s): On-Site Representative(s): Related Permits: NC0024295 Transylvania Utilities Inc-Connestee Falls WWTP#1 Inspection Date: 02/07/2013 Ent Time: 08:00 AM Exit Time: 01:00 PM Primary Inspector: Jeff Menzel Phone: 828-296-4500 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Collection System Inspect Non Sampling Permit Inspection Type: Collection system management and operation Facility Status: ■ Compliant Cl Not Compliant Question Areas: Miscellaneous Questions Performance Standards Operation&Maint Reqmts Records ■Monitoring&Rpting ■Inspections Regmts (See attachment summary) Page: 1 Permit: WQCS00219 Owner-Facility: Transylvania Utilities Inc �v Inspection Date: 02/07/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Inspection Summary: All seventeen pump stations appeared to be well maintained. In the summer of 2012 this facility had two sewer spills to report. These spills were the result of a contractor accidentally breaking sewer lines while dredging the lake. Procedure are now in place to safeguard against similar events happening in the future.No violations of permit requirements or s applicable regulations were observed during this inspection. Page: 2 Permit: WQCS00219 Owner-Facility: Transylvania Utilities Inc Inspection Date: 02/07/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? ■ ❑ n n What educational tools are used? handouts Is Sewer Use Ordinance/Legal Authority available? ■ Q ❑ Cl Does it appear that the Sewer Use Ordinance is enforced? ■ ❑ n n Is Grease Trap Ordinance available? ■ n n n Is Septic Tank Ordinance available(as applicable,i.e.annexation) ■ Q n List enforcement actions by permittee, if any,in the last 12 months Has an acceptable Capital Improvement Plan(CIP)been implemented? ■ n n n Does CIP address short term needs and long term\"master plan\"concepts? ■ fl n Does CIP cover three to five year period? ■ ❑ n n Does CIP include Goal Statement? n o n ■ Does CIP include description of project area? ■ n n ❑ Does CIP include description of existing facilities? ■ nnn Does CIP include known deficiencies? 0 n n ■ Does CIP include forecasted future needs? ■ n ❑ fl Is CIP designated only for wastewater collection and treatment? ■ n n n Approximate capital improvement budget for collection system? Total annual revenue for wastewater collection and treatment? CIP Comments Is system free of known points of bypass? ■ In In n If no,describe type of bypass and location Is a 24-hour notification sign posted at ALL pump stations? ■ n In n #Does the sign include: Instructions for notification? ■ ❑ 0 n Pump station identifier? ■ ❑ n n 24-hour contact numbers ■ 0 0 Cl If no,list deficient pump stations Page: 3 Permit: WQCS00219 Owner-Facility: Transylvania Utilities Inc Inspection Date: 02/07/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine #Do ALL pump stations have an"auto polling"feature/SCADA? ■ 11 f1 f1 Number of pump stations 17 Number of pump stations that have SCADA 0 Number of pump stations that have simple telemetry 17 Number of pump stations that have only audible and visual alarms 17 Number of pump stations that do not meet permit requirements 0 #Does the permittee have a root control program? ❑ n n ■ #If yes,date implemented? Describe: Comment: Inspections Yes No NA NE Are maintenance records for sewer lines available? ■ ❑ 0 Are records available that document pump station inspections? 0 Are SCADA or telemetry equipped pump stations inspected at least once a week? ■ rl n rl Are non-SCADA/telemetry equipped pump stations inspected every day? ❑ 0 ❑ �� ■ Are records available that document citizen complaints? ■ ❑ n #Do you have a system to conduct an annual observation of entire system? ■ n #Has there been an observation of remote areas in the last year? ■ 0 0 (l Are records available that document inspections of high-priority lines? ■ ❑ I_I n Has there been visual inspections of high-priority lines in last six months? ■ 0 0 0 Comment: Operation &Maintenance Requirements Yes No NA NE Are all log books available? ■ n 0 0 Does supervisor review all log books on a regular basis? ■ n ❑ 0 Does the supervisor have plans to address documented short-term problem areas? ■ ❑ n C_1 What is the schedule for reviewing inspection,maintenance,&operations logs and problem areas? Are maintenance records for equipment available? ■ n n D Is a schedule maintained for testing emergency/standby equipment? ■ 0 ❑ 0 What is the schedule for testing emergency/standby equipment? weekly/monthly J Page: 4 Permit: WQCS00219 Owner-Facility: Transylvania Utilities Inc Inspection Date: 02/07/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Do pump station logs include: Inside and outside cleaning and debris removal? ■ n n n Inspecting and exercising all valves? ■ n n n Inspecting and lubricating pumps and other equipment? ■ Cl n n Inspecting alarms,telemetry and auxiliary equipment? ■ Cl n n Is there at least one spare pump for each pump station w/o pump reliability? ■ n n n Are maintenance records for right-of-ways available? ■ n n 0 Are right-of-ways currently accessible in the event of an emergency? ■ n n n Are system cleaning records available? ■ n n n Has at least 10%of system been cleaned annually? ■ n n n What areas are scheduled for cleaning.in the next 12 months? Is a Spill Response Action Plan available? ■ n Cl n Does the plan include: 24-hour contact numbers ■ n n n Response time ■ n n n Equipment list and spare parts inventory ■ n n n Access to cleaning equipment ■ n n n Access to construction crews,contractors,and/or engineers ■ n n n Source of emergency funds ■ n In n Site sanitation and cleanup materials ■ n n n Post-overflow/spill assessment ■ n n n Is a Spill Response Action Plan available for all personnel? ■ n n n Is the spare parts inventory adequate? ■ ❑ n n Comment: Records Yes No NA NE Are adequate records of all SSOs,spills and complaints available? ■ n ❑ n Are records of SSOs that are under the reportable threshold available? ■ ❑ n Do spill records indicate repeated overflows(2 or more in 12 months)at same location? ■ n ❑ C11 If yes,is there a corrective action plan? ■ n n Cl Is a map of the system available? ■ ❑ In n Page: 5 Permit: WQCS00219 Owner-Facility: Transylvania Utilities Inc Inspection Date: 02/07/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Does the map include: Pipe sizes ■ n n n Pipe materials ■ ❑ ❑ n Pipe location ■ ❑ Cl ❑ Flow direction ■ n o o Approximate pipe age n Cl n ■ Number of service taps ■ n Pump stations and capacity ■ n n If no,what percent is complete? List any modifications and extensions that need to be added to the map #Does the permittee have a copy of their permit? ■ n n n Comment: Monitoring and Reporting Requirements yes No NA NE Are copies of required press releases and distribution lists available? ■ n n f1 Are public notices and proof of publication available? ■ nnn #Is an annual report being prepared in accordance with G.S. 143-215.1C? ■ n ❑ n #Is permittee compliant with all compliance schedules in the permits? ■ ❑ n n If no,which one(s)? Comment: Page: 6 r; NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary March 8,2013 Haywood County DWQ Project 20130229 Replacement of Bridge No. 162 NCSR 1313 (Hemphill Road) Approval of 401 Water Quality Certification with Additional Conditions Mr.J.B. Setzer,P.E. Division 14 Engineer North Carolina Department of Transportation 253 Webster Road Sylva,North Carolina,28779 Dear Mr. Setzer: You have our approval,in accordance with the conditions listed below,for the following impacts in Germany Cove Branch and in(2)two unnamed tributaries to Germany Cove Branch for the purpose of replacing Bridge No. 162 with a double-barrel 35-foot long, 7-foot wide by 5-foot high,reinforced concrete box culvert on NCSR 1313 (Hemphill Road) in Haywood County: Stream Impacts in the French Broad River Basin Site Channel Construct Permanent Temporary Total Stream Relocation in Inlet-Outlet Fill in Impacts in Stream Impacts Perennial Floodplain Perennial Perennial Impact Requiring Stream Benches Stream Stream (linear ft) Mitigation linear ft linear ft linear ft linear ft linear ft Site 1 0 45 35 75 155 0 Site 2 0 25 10 75 110 0 Site 3 0 0 28 55 83 0 Site 4 20 0 0 0 20 0 Total 20 70 73 1 205 368 1 0 Total Permanent Stream Impacts for Project: 163 lin.ft.Total Temporary Stream Impacts for Project: 205 linear ft. The project should be constructed in accordance with your application dated March 5, 2013 (received March 5, 2013), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No.3886, corresponding to the U.S.Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 No Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 t th C na aroliInternet: www.ncwaterquality.org Nahmally An Equal Opportunity\Affirmative Action Employer A Mr.J.B. Setzer,P.E. March 8,2013 Page Two be given a copy of this Certification and approval letter,and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre, or if total impacts to streams(now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to he valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. There shall be no excavation from,or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must bF such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. This project has the potential to impact trout waters or other aquatic species of concern. No construction activities shall begin until the NCWRC makes a determination regarding moratoria. Should the NCWRC determine that a moratorium is applicable, then the requirements of any moratorium shall be a condition of this 401 Certification. If the Federal Highway Administration does not wish to honor the moratorium,then a written modification shall be requested. 5. For projects impacting waters classified by the NC Environmental Management Commission as Trout(Tr),High Quality Waters(HQW), or Water Supply I or II(WSI, WSII)stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating storm water runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. 6. All channel relocations will be constructed in a dry work area and shall be completed and stabilized and approved on site by NCDWQ staff,prior to diverting water into the new channel. Stream banks shall be matted with coir-fiber matting. Vegetation used for bank stabilization shall be limited to native riparian vegetation and should include establishment of a vegetated buffer on both sides of the relocated channel to the maximum extent practical. Also,rip- rap may be allowed if it is necessary to maintain the physical integrity of the stream,but the applicant must provide written justification and any calculations used to determine the extent of rip-rap coverage requested. Once the stream has been turned into the new channel,it may be necessary to relocate stranded fish to the new channel to prevent fish ! ', kills. 7. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. _,ir.J. B. Setzer,P.E. March 8,2013 Page Three 8. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 9. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 10. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 11. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining.stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 12. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 13. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 14. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 15. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed,sized and installed. 16. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 17. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants,hydraulic fluids, or other toxic materials. 18. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 19. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 20. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 21. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 22. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 23. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 24. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. Mr.J. B. Setzer,P.E. March 8,2013 Page Four 25. The outside buffer,wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 26. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards(including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use) or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 27. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 28. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 29. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, for Charles Wakild,P.E.,Director Division of Water Quality Attachments cc: Lori Beckwith,USACE,Asheville Field Office Mark Davis,Division 14,DEO Ben DeWit,Roadside Enviromnental FO Engineer Marla Chambers,NCWRC ` Transportation Permitting Unit Asheville Regional Office 20130229(Setter)Bridge 162 NCSR 1313(Hemphill Road) T;A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary March 8,2013 Bill Donaldson 2650 Zack's Fork Road Lenoir,NC 28645 Subject: 401 Water Quality Certification-Approval Bill Donaldson Stream Restoration DWQ Project#2013-0154 Caldwell County YKD/Little Kings Creek/12-23-2/C;Tr Dear Mr.Donaldson: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 1760 feet of streams for the purpose of stream bank stabilization at the subject property.This approval requires you to follow the conditions listed in the attached `Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3689. This Certification allows you to use Nationwide Permit 27 when issued by the US Army Corps of Engineers(USAGE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to)Erosion and Sediment Control and Trout Buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project,you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Stream 1760 (feet) 3.a. S14 application Location:2090 U.S,Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-7043 NOrthCarohna Internet:www.ncwaterquality.arg atlll"al`lj An C.0 1 0..en.6..dh,'.AM,-!-A..i:,..+C.....1,.,,.. Bill Donaldson March 8,2013 \� Page 2 of 2 \� Additional Conditions \ 1. Turbidity Standard The turbidity standard of 10 NTUs(Nephelometric Turbidity Units)shall not be exceeded as described in 15 A NCAC 2B. .0200.Appropriate sediment and erosion control practices must be used to meet this standard. 2. As-Built Drawings Within 60 days of completion of construction, as-built drawings shall be submitted to both the DWQ 401 Central Office and to the Asheville Regional Office. 3. Monitoring benchmarks must be established. Cross sectional and longitudinal measurements shall be conducted after the first year after completion of the work,then bi-annually for 4 more years(along with photo documentation)(as-built: Years 1,3&5). Reports shall be submitted(after the end of each monitoring year) within 30 days of completion of each monitoring event. Both the ACOE and DWQ shall be notified if repairs are necessary and receive approval prior to implementation. Vegetation assessments shall also be made and reported during this time. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C.27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Jonathan Stepp in the Asheville Regional Office at(828)296- 4660. Sincerely, d /F for Charles Wakild,P.E.,Director CWljas&khb Eric: GC3885 Certificate of Completion cc: USACE Asheville Regulatory Field Office WBSCP Unit—Central Office File Copy Caldwell Soil and Water-Kevin Clark NC Soil&Water,Jeff Young S:\SWP\Caldwell\401s\Non-DOT\Bi11 Donaldson Stream Restoration IL NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality. Pat McCrory Charles Wakild,P.E. John E.Skvarla,III Governor Director Secretary March 8,2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2636 Ms. Angela H. Woodson, Town Clerk Town of Rosman Rosman WWTP P.O. Box 636 Rosman,North Carolina 28772 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2013-LV-0163 Rosman WWTP NPDES Permit No.NCO021946 Transylvania County Dear Ms. Woodson: A review of the December 2012 self-monitoring report for the subject facility revealed a violation of the following parameter: Date Outfall Parameter Reported Value Permit Limit 12/15/2012 001 Fecal coliform 1,350#/ 100ml 400#/ 100ml A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0021946. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the December 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACE WATER PROTECTION SECTION—ASH::EVI I E:.R:EGIONAC.;OFFICE: Location:2090 I.J.S.Highway 70,Swannanoa.North Carolina 28778 Qne Phone:828-296-4 00\Fax:828-299-7043 NorthCarolina Internet:htto:llpor al.ncdenr.org6Mgb6 g A6 aural& An Equal Opportunity\.Affirmative Action Employer-')0%Recycled-`10 o Post Consumer paper Ms. Angela H. Woodson \ March 8,2013 ` Page Two A Remedial actions, if not already implemented, should betaken to correct any problems. The Division of _ Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems,and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this_office_for additional information. If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch r t S 5��,"1"ra�s�lv z3aia.��aste�tiatcr`;1-Snniti�<3tiRasrna��tiL'tiv.i.P'41946 ivC)�; RE-201 -Lv-[t153.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P.E. Pat McCrory Director John E.Skvarla, III Governor Secretary March 8,2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2612 Mr. David M. Bayless & Ms. Victoria W. Bayless 290 Randy Drive Hendersonville,NC 28791 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2629 Mr. Anthony B. Quinn, MD &Ms. Melinda A. Quinn P.O. Box 683 Big Horn, WY 82833 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Bayless/Quinn Site—Asheville Highway NOV-2013-PC-0069 Construction Stormwater Permit NCGO10000 Failure to Secure 401 Removal of Best Usage Henderson County Response deadline: April 6,2013 Dear Mr. and Ms. Bayless and Mr. and Ms. Quinn: On February 6,2013, Susan Wilson and Jonathan Stepp from the Asheville Regional Office of the Division of Water Quality(DWQ) conducted a site inspection at your property along Asheville Highway in Henderson County. Construction Stormwater Permit NCGO10000 and 401 Water Quality Certification(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: VIOLATIONS SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-296-4500\FAX:828-299-7043 ����y��// Internet: www.ncwaterquality.org ` " l. An Eaual Oanortunity 1 Affirmative Action Fmnlnver Bayless and Quinn March 8,2013 � Page 2 of 4 I. Construction Stormwater Permit NCGO10000 - A Construction Stormwater Permit \ (NCG010000)is issued upon the approval of an Erosion and Sedimentation Control . Plan for sites greater than one acre. a. Approved Plan (Part I. Section A: No. 2.)During the inspection, a copy of the approved Erosion and Sediment Control Plan was not on site and available for review. b. Rain-Gauge and Data (Part I Section B. No. 1.)A rain gauge was not observed on the site at the time of inspection. Rain gauge data, measured daily, was not available for review. However, a site representative was not available during the inspection. C. Minimum Monitoring and Record Keeping(Part I. Section B. No. 3) Inspection records of erosion& sedimentation control measures and stormwater discharges, collected weekly and after every half-inch or greater rain event,were not available for review. However, a site representative was not available during the inspection. II. Removal of Best Usage—15A NCAC 02B.0211 (2)—Approximately 1100 feet of an unnamed tributary to Mud Creek, a Class C stream in the French Broad River Basin, was impacted by relocation of the stream channel and installation of fill (culvert and concrete material),representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2). III. Failure to Secure a 401 Water Quality Certification (WQC) �- A review of records confirmed that DWQ has not received an application for a 401 WQC, prior to the impacts noted in item III above. Such an application is required pursuant to Section 404/401 of the Clean Water Act and Part 15A of North Carolina Administrative Code 2H .0500. REQUIRED RESPONSE The DWQ requests that you respond by April 6,2013. Your response should be sent to the attention of Ms. Susan Wilson,Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and should address the following items: 1. Construction Stormwater Permit NCGO10000 a. . Please explain why the Erosion and Sedimentation Control Plan was not onsite. b. Please explain when you anticipate being in full compliance with your Erosion and Sediment Control Plan and the NCGO10000 Permit. c. Please explain why a rain gauge was not onsite and no records were kept(or provide records as stated in d., below). d. Minimum Monitoring and Record Keeping — Please provide copies of all monitoring and record keeping from January 1, 2013 to the time of your response to this letter(if available). . Quinn ,.o,2013 �c 3 of 4 2. Removal of Best Usage— 15A NCAC 02B.0211 (2) and 401 Water Quality Certification a. Please explain why these impacts occurred without prior authorization. b. Please provide a map of the project area. The map must include all streams and wetlands on-site, detailing all impacts (i.e., culverts and/or fill). 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 (the Corps)for and receive a 404 Permit pertaining to the impacts that have occurred. A 401 WQC will be required if the activities are permitted by the Corps. You must contact the Corps to determine if the existing impacts are permittable. 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. t 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 DWQ. If pursuing Option 2: .a. 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 Ms. Wilson of the Asheville Regional Office for additional guidance during plan development. The plan should include the following: b. A proposed schedule with dates that indicate when you expect to begin and complete the restoration work. Bayless and Quinn \ March 8,2013 Page 4 of 4 c. Once the plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Ms. Wilson. Thank you for your attention to this matter. This Office is considering sending a recommendation for,enforcement_to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters,please contact Susan Wilson at(828)296-4500 or susan.a.wilsoi1gricdenr gov . Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Asheville Regional Office Enc: NCGO10000 permit(2010) cc: Karen Higgins, WBSCP Unit ARO File Copy US ACOE—William Elliott Henderson County Engineering Dept. —Marcus Jones/Natalie Berry William Lapsley, P.E. NAI Commercial Real Estate, 410 Executive Park, Asheville, NC 28801 S:\SWP\Henderson\Complaints\Bayless Complaint\NOV-2013-PC-0069.Bayless.3 2013.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P.E. Pat McCrory Director John E.Skvarla, III Governor Secretary March 8,2013 Mr. Jason D. Bailey and Ms. Sarah L. Bailey 111 Ripton Court Greer, SC 29650 SUBJECT: NOTICE OF VIOLATION NOV-2013-PC-0072 Stream Standard Violation- Other Waste (In-stream sediment) Henderson County Response deadline:March 29,2013 Dear Mr. and Ms. Bailey On February 28, 2013, Susan Wilson and Jonathan Stepp from the Asheville Regional Office of the Division of Water Quality(DWQ) conducted a site inspection at your property on Coronet r Lane in Henderson County. Stream standard violations were noted during the inspection and file review. Sediment impacts below the dam of your pond,to an unnamed tributary to Tumblebug Creek,were documented. As a result of the site inspection and file review,the following violations were identified: VIOLATION I. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f-Approximately 50 linear feet of an unnamed tributary to Tumblebug Creek, a Class C-Trout stream in the Broad River Basin,was impacted by sediment deposition measured to be at least 10 inches in pockets through the stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (fl. REQUIRED RESPONSE The DWQ requests that you respond by March 29,2013. Your response should be sent to the attention of Susan Wilson,Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and should address the following items: 1. Stream Standard- Other Waste (In-Stream Sediment) SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna Phone:828-296-45001 FAX:828-299-7043 // Internet: www.ncwaterquality.org Natural& An Equal ODoortunity t Affirmative Action Fmolover Mr.and Ms.Bailey March 5,2013 Page 2 of 2 \ a. Please provide a map of the project area. The map must include all streams and wetlands, detailing impacts both on- and off-site. f b. Please submit a Sediment Removal Plan(Plan) to this office for review and approval. The Plan must address removal of accumulated sediment from all surface waters. It is recommended that you contact Ms. Wilson of the Asheville Regional Office for additional guidance during Plan development. The Plan should include.: • A narrative explaining how sediment will be removed; including, techniques, manpower and tools to be used. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. • A diagram of the stream channel,referenced with photo documentation of sediment impacts before and after removal. • A narrative explaining how and where the removed sediment will be disposed and stabilized. • Please explain how turbidity standards will not be exceeded. c. Once the work is complete, a final report documenting the results of the sediment removal activities should be submitted to Ms. Wilson. In order to prevent further sediment impacts, as well as potential breach of your pond, it is suggested that you contact an engineer and/or contractor with experience in dam repairs to develop a repair plan. If the dam is not properly repaired, it is likely that sediment will continue to migrate downstream. Thank you for your attention to this matter. These violations and any future violations may be subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters,please contact Susan Wilson at(828)296-4500 or susan.a.wilsonaiicdenr gov . Sincerely, 3 Chuck Cr -'ord, Regional Supervisor Surface Water Protection Asheville Regional Office Enc: Sediment Removal Guidance Document cc: Karen Higgins, WBSCP Unit ARO File Copy S:\SWP\Henderson\Complaints\Bailey Pond Ridgewood Acres\NOV-2013-PC-0072.Bailey.3 2013.doc FqCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary March 8, 2013 Superior Properties Co. Attn: Scott E. Shealy Box 2805 Asheville,NC 28802 Subject: Return of Application 401 Water Quality Certification Dunkin Citi Stop (Tunnel Road) DWQ Project# 12-1090 Buncombe County Dear Mr. Shealy: The Division of Water Quality(DWQ)has reviewed the application submittal, dated December 6, 2012, for the subject project. On December 31, 2012 a request for more information letter was sent with a deadline of January 28, 2013. On January 28, 2013 a request for an extension was granted with a deadline of March 4, 2013. The requisite information required to complete the review process was not provided. Therefore,the project application is considered incomplete and inadequate for review by the Division of Water Quality (DWQ). Please note: No impacts associated with the subject project are approved at this time. To pursue the project further, a new Pre-Construction Notification and applicable fee will be required. Upon receipt of a complete application along with the applicable fee,the DWQ will promptly review the package and respond accordingly. Please call Tim Fox at(828) 296-4500, if you have any questions. Sincerely, ......, ,Y j..,..�.�•" .,ems„ f Chuck Cranford, Regional Supervisor Surface Water Protection Asheville Regional Office SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-296-4500 FAX:828-299-7043 Internet: wvvw.ncwaterquality.org An Equal Opportunity l Affirmative Action Employer Naturally Superior Properties Co. March 8,2013 ` Page 2 of 2 \ cc: Tasha McCormick-US Army Corps of Engineers Asheville Field Office Charles Johnston—Environmental Services,Inc. David McHenry—North Carolina Wildlife Resources Commission Karen Higgins—WBSCP Unit McCray Coates—City of Asheville Storm Water Services ARO File copy S:\SVvTBuncombe\401s\Non-DOT\Dunkin Citi Sop Tunnel Rd\RTN.40 1 Dunkin Citi Stop.03.08.13.doe i NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary March 11, 2013 Mr. Earl Hollingshead 164 St. Francis St., Suite 205 Mobile,AL 36602 Subject: 401 Water Quality Certification-Approval Hollingshead—Lot 10 Strawberry Hill(Glenville Shoreline Stabilization) DWQ Project# 13-0079 Jackson County LTN02/Glenville Lake (Thorpe Lake)/2-79-23-(1)/WS-III,HQW,B Dear Mr. Hollingshead: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. ".Approval has been granted to place fill within or otherwise impact 0.01 acres of open waters [approximately '130 feet; 20 linear feet dry stack boulder w/rip rap - around dock area, 110 feet rip-rap only] for the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USAGE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to)Jackson County Erosion and Sediment Control regulations and Duke Energy Lake Services guidelines. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-7043 NQl'1�l�aY t31111a Internet:www.ncwaterquality.org Natura���/ An Prowl nnnnrfi,nih,,Affir—fi—A,f; . Cmnh,. �/ Ms.Hollingshead March 11,2013 Page 2 of 2 Amount Approved(Units) Plan Location or Reference Waters Appx. 0.01 (acres below Ref. application(and fall pool) sketch diagram resubmitted [appx. 130 linear feet: 110 3/7/2013). feet rip-rap; 20 feet dry stack w/rip rap] *Refer to Duke Energy guidelines for boulder wall design Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If working from the shoreline (rather than a barge), vegetation must be replaced in accordance with Nantahala Area Vegetation Management Requirements [ref. to Exhibit 1, Part 5.b. of Duke Power Nantahala Area Shoreline Management Guidelines]. Impervious surfaces (excluding access pathways) should be kept 30 feet back from surface waters [ref. 15A NCAC 213 .0215]. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Susan Wilson in the Asheville Regional Office at (828) 296-4665 or susan.a.wilsonCa]ncdenr. ov . Sincerely, for Charles Wakild,P.E., Director CWlsaw Enc: GC3898 Certificate of Completion cc: USACE Asheville Regulatory Field Office WBSCP Unit—Central Office Duke Energy Lake Services—Lisa Leatherman Jackson County Planning—Steve Beasley Barnabus Froystad, The Lawn Ranger, P.O. Box 660, Glenville,NC 28736 ARO File Copy S:\SWP\Jackson\401s\Non-DOT\Hollingshead Glenville\ PRVL.Hollingshead Shoreline.3 2013.doc �y,�./►�rr�rrrr NCDENt North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary March 11, 2013 Bo Caldwell Henderson County Board Of Education 414 Fourth Ave W Hendersonville NC 28793 SUBJECT: Compliance Sampling Inspection Rugby Middle School Permit No: NCO066664 Henderson County Dear Mr Caldwell: Enclosed please find a copy of the compliance sampling inspection conducted on Februa�27, 20132013. The facility was found to be in compliance with permit NC0066664. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at: 296-4500 Sincerely, ; Gc __ atherine Jimison Chemistry Technician III Enclosure cc: Trevor McMinn, ORC Central Files Asheville Files S:\SWP\Henderson\Wastewater\Minors\Rugby Middle School 66664\CS1.66664.02-27-2013.docx SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa, NC 28778 NorthCarofina Phone:(828)296-4500\FAX:828 299-7043 Naturally Internet:www.ncwaterguality.org ��1 United States Environmental Protection Agency Form Approved. EPA A Washington,D.C.20460 OMB No.2040-0057 tr/� Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I N I 2 15 I 31 NCO066664 111 121 13/02/27 117 18 I S I 19I S I 201 I Remarks 211 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 I I I I I I I I I Jill_. Jill _1 1-j Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA --------------------------Reserved---------------------- 67I 169 70141 711 I 72)N I 73 L1J 74 751 III I I 1180 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) 08:55 AM 13/02/27 10/12/01 Rugby Middle School 3555 Haywood Rd Exit Time/Date Permit Expiration Date Hendersonville NC 28791 09:35 AM 13/02/27 15/11/30 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 ti Bo Caldwell,414 Fourth Ave W Hendersonville NC 28793//828-697-4516/8286974738 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement Operations&Maintenance 0 Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Kathy Jimison 1 ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3 11 12 17 18 �' NCO066664 1 , 13/02/27 J Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Trevor McMinn assisted in the inspection of this facility. The plant is well operated and maintained. Effluent pH-7.1 Effluent Temperature 8.0 degrees Celcius Split samples of the final effluent were taken and the final results from the ARO laboratory are as follows: BOD- 10 mg/I TSS- 12 mg/I Fecal Coliform 1 B2 (132-counts from all plates =0) Page# 2 Permit: NCO066664 Owner-Facility: Rugby Middle School Inspection Date: 02/27/2013 Inspection Type: Compliance Sampling Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ n n Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge ■ ❑ n 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? ❑ ❑ ■ 0 Is the facility as described in the permit? ■ 0 n n #Are there any special conditions for the permit? n ■ n ❑ Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ Cl n n Is all required information readily available, complete and current? ■ n n 0 Are all records maintained for 3 years(lab. reg. required 5 years)? n n ■ (l Are analytical results consistent with data reported on DMRs? ❑ 0 n ■ Is the chain-of-custody complete? fl n fl ■ Dates,times and location of sampling fl Name of individual performing the sampling fl Results of analysis and calibration fl Dates of analysis n Name of person performing analyses fl Transported COCs n Are DMRs complete:do they include all permit parameters? ■ n n n Has the facility submitted its annual compliance report to users and DWQ? ■ n n n (if the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? n n ■ ❑ Is the ORC visitation log available and current? ■ fl ❑ n Is the ORC certified at grade equal to or higher than the facility classification? ■ Q n Q Is the backup operator certified at one grade less or greater than the facility classification? ■ n 0 n Is a copy of the current NPDES permit available on site? ■ Q 0 0 Page# 3 Permit: NCO066664 Owner-Facility: Rugby Middle School Inspection Date: 02/27/2013 Inspection Type: Compliance Sampling Record Keeping -_ Yes No NA NE Facility has copy of previous year's Annual Report on file for review? n Cl 0 Comment: Aeration Basins _ Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? N n n n Are surface aerators and mixers operational? n n n Are the diffusers operational? ❑ n n Is the foam the proper color for the treatment process? ❑ n n Does the foam cover less than 25%of the basin's surface? 0 0 fl Is the DO level acceptable? n n n ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) n n n Comment: Secondary Clarifier Yes No NA NE ' Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? Cl n 0 0 Are weirs level? n n n Is the site free of weir blockage? n n n Is the site free of evidence of short-circuiting? n n n Is scum removal adequate? ■ n n n Is the site free of excessive floating sludge? n n n Is the drive unit operational? n n 0 n Is the return rate acceptable(low turbulence)? 0 n n n Is the overflow clear of excessive solids/pin floc? 0 n n n Is the sludge blanket level acceptable?(Approximately'/4 of the sidewall depth) n n n Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? n n n Are the tablets the proper size and type? 0 n n n Number of tubes in use? 1 Page# 4 - Permit: NCO066664 Owner-Facility: Rugby Middle School Inspection Date: 02/27/2013 Inspection Type: Compliance Sampling Disinfection-Tablet Yes No NA NE Is the level of chlorine residual acceptable? n n n Is the contact chamber free of growth, or sludge buildup? n n n Is there chlorine residual prior to de-chlorination? n n n Comment: De-chlorination Yes No NA NE Tablet Type of system? Is the feed ratio proportional to chlorine amount(1 to 1)? n n Is storage appropriate for cylinders? n n n #Is de-chlorination substance stored away from chlorine containers? n I1 Comment: Are the tablets the proper size and type? n 0 n Are tablet de-chlorinators operational? Cl n n 2 Number of tubes in use? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n ❑ 0 Are the receiving water free of foam other than trace amounts and other debris? N n n n If effluent (diffuser pipes are required) are they operating properly? I] n Q Comment: Effluent pH-7.1 Effluent Temperature 8.0 degrees Celcius Page# 5 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary March 11, 2013 Bo Caldwell Henderson County Board Of Education 414 Fourth Ave W Hendersonville NC 28793 SUBJECT: Compliance Sampling Inspection West Henderson High School Permit No: NCO066681 Henderson County Dear Mr Caldwell: >. Enclosed please find a copy of the compliance sampling inspection conducted on February 27, 2013. The facility was found to be in compliance with permit NC0066681. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at: 296-4500. Sincerely, Katherine Jimison Chemistry Technician III Enclosure cc: Trevor McMinn, ORC Central Files Asheville Files S:\SWP\Henderson\Wastewater\Minors\West Henderson High School 66681\CSI.66681.02-27-2013.docx SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarofiina Phone:(828)296-4500\FAX:828 299-7043 Naturally Internet:www.ncwaterguality.org ��� .......... ,� i �: �'� `, ��� United States Environmental Protection Agency Form Approved. r P A Washington,D.C.20460 OMB No.2040-0057 C Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I N I 2 15 I 11 NCO066681 111 121 13/02/27 117 181 S I 19I S I 201 I Remarks 211 I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 .1 _1 1_ 1 1 1 1 1 1 1 1 1 1 1 _1 I I I I I _I6 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved---------------------- 67) 169 70141 71 I_I 72NI 73' I 174 751 I I I I I I 180 Section B: Facility Data W 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) 07:55 AM 13/02/27 10/12/01 West Henderson High School 3600 Haywood Rd Exit Time/Date Permit Expiration Date Hendersonville NC 28791 08:40 AM 13/02/27 15/11/30 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 Bo Caldwell,414 Fourth Ave W Hendersonville NC 28793//828-697-4516/8286974738 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Operations&Maintenance E Facility Site Review Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Kathy Jimison ARO WQ//828-296-4500/ Y i 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 s NC0066681 11 12I _13/02/27 I17 18�.S1 \ Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Mr. Trevor McMinn assisted in the inspection of this facility. The plant appears to be well operated and maintained. The effluent data was as follows: pH 6.2 temperature: 7.0 degrees Celcius The log book was current and well maintained, documenting daily activity. Split samples of the final effluent were taken and the results from the ARO laboratory are as follows: BOD- 9.3 mg/I TSS- 6.2U Fecal Coliform- 8 CFU/100ml i i' Page# 2 Permit: NCO066681 Owner-Facility: West Henderson High School Inspection Date: 02/27/2013 Inspection Type: Compliance Sampling Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge ■ n ❑ n Judge,and other that are applicable? Comment: The effluent pH taken while onsite was 6.2 The effluent temperature taken while onsite was 7.0 degrees Celcius The log book was current and well maintained, documenting daily activity. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n Is the facility as described in the permit? ■ n n #Are there any special conditions for the permit? n ■ ❑ 0 Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Septic Tank Yes No NA NE f`l , (if pumps are used) Is an audible and visual alarm operational? ■ n Cl n Is septic tank pumped on a schedule? ■ fl Cl n Are pumps or syphons operating properly? ■ n n n Are high and low water alarms operating properly? n n n ■ Comment: Sand Filters(Low rate) Yes No NA NE (If pumps are used)Is an audible and visible alarm Present and operational? ■ n n n Is the distribution box level and watertight? ■ n n n Is sand filter free of ponding? ■ n n n Is the sand filter effluent re-circulated at a valid ratio? ❑ n ■ n #Is the sand filter surface free of algae or excessive vegetation? ■ n n 0 #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) n ❑ ■ n Comment: Both sand beds were overhauled and new sand has been put in place. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n n Are the tablets the proper size and type? ■ n n n Number of tubes in use? 3 Page# 3 Permit: NC0066681 Owner-Facility: West Henderson High School Inspection Date: 02/27/2013 Inspection Type: Compliance Sampling Dis infection Jablet Yes No NA NE - Is the level of chlorine residual acceptable? f1 0 0 M Is the contact chamber free of growth,or sludge buildup? 0 0 n Is there chlorine-residual-prior-to-de-chlorination? (l_( fl Comment: New fiberglass sheeting has been attached to the concrete blocks in the chlorine contact chamber to aid in the prevention of short circuiting. De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? 0 ❑ 00 Is storage appropriate for cylinders? (l fl M rl #Is de-chlorination substance stored away from chlorine containers? 1=I [I 0 (_1 Comment: Are the tablets the proper size and type? ❑ 0 Are tablet de-chlorinators operational? fl fl fl Number of tubes in use? 2 i Comment: Page# 4 4 1�W�)Tj .....r• NCDE R North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakiid, P.E. John E. Skvarla, III Governor Director Secretary March 11, 2013 Mr.Kevin Stubblebine 3135 Aldridge Ct. Cumming, GA 30040 Subject: 401 Water Quality Certification-Approval Stubblebine-Lot 284,Bear Lake DWQ Project 4 13-0180 Jackson County LTN02/Bear Creek Lake l 2-79-(5.5)/WS-III, B, Trout Dear Mr. Stubblebine`. The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact approximately 0.02 acres (approximately 200 linear feet of shoreline) of open waters for the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to)Erosion and Sediment Control,Watersupply Watershed, and Trout Buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\FAX:828-299-7043 Internet:www.ncwaterquality.org NOl"t11CO�111a rxturgll An Fmini Onnnrtunlhi',Affirmatives Antinn 1=mn1ns—r Mr.Stubblebine March 11,2013 Page 2 of 2 Amount A roved pp (Units) Plan Location or Reference Waters Appx. 0.02 (acres) Application(no dry stack Appx. 200 (linear feet, wall) LF) shoreline; river rock and large boulder combination *Refer to Duke Energy guidelines for rip rap installation If working from the shoreline(rather than a barge),vegetation must be replaced in accordance with Nantahala Area Vegetation Management Requirements [ref. to Exhibit 1,Part 5.b. of Duke Power Nantahala Area Shoreline Management Guidelines]. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an ad.udicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Susan Wilson in the Asheville Regional Office at (828) 296-4665 or at susan.a.wilson a ncdenr ov . Sincerely, far Charles Wakild, P.E.,Director CW/saw Enc: GC3898 Certificate of Completion cc: Duke Energy Lake Services—Lisa Leatherman WBSCP Unit-Central Office Jackson County Planning—Steve Beasley Chad Ensley—P.O. Box 2025, Bryson City,NC 28713 ARO File Copy S:\SWP\Jackson\401s\Non-DOT\Stubblebine Bear Lake Reserve\APRVL.Stubblebine Bear Lake 3 2013.doc / NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P.E. Pat McCrory Director John E. Skvarla, III Governor Secretary March 11, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1$70 0003 0$75 2643 Mr. Thomas R. Morgan 416 Stone Haven Drive Waynesville,NC 28786 CERTIFIED MAIL RETURN RECEIPT REQUESTED 70101$70 0003 0$75 2650 Ms. Jennifer Morgan Smith 352 Georgia Ave. Waynesville,NC 28786 SUBJECT: NOTICE OF VIOLATION Morgan Property—Plott Creek Impact ` NOV-2013-PC-0081 Removal of Best Usage Failure to Secure 401 Haywood County Response deadline: April 30, 2013 Dear Mr. Morgan and Ms. Smith: On February 14, 2013 Susan Wilson and Jonathan Stepp from the Asheville Regional Office of the Division of Water Quality(DWQ) conducted a site inspection at your property along Plott Creek Road in Haywood County. David Brown with the U.S. Army Corps of Engineers was also present during the site inspection. As a result of the site inspection and file review,the following violations were identified: VIOLATIONS I. Removal of Best Usage— 15A NCAC O2B.0211 (2)—Approximately 440 feet of Plott Creek, a C-Trout Classified surface water in the French Broad River Basin,was impacted by rock substrate removal and stream channel modification,representing Water Quality Stream Standard violations of 15A NCAC 02B .0211 (2). SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-29645001 FAX:828-299-7043 J�����y,�//� Internet: www.ncwaterqualiV.org �/V ` l An Finial Onnn,NniW 1 Aff—fl m Arne C—l....o. Mr.Morgan and Ms.Smith March 11,2013 Page 2 of 2 II. Failure to Secure a 401 Water Quality Certification (WQC) A review of records confirmed that neither the DWQ nor the US Army Corps of Engineers (USACOE)received an application for a 404 Permit or 401 WQC,prior to the impacts noted in item I above. 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 DWQ requires that you respond by April 30,2013. Your response should be sent to the attention of Susan Wilson, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and should address the following items: 1. Removal of Best Usage—15A NCAC 02B.0211 (2) and 401 Water Quality Certification a. Please explain why these impacts occurred without prior authorization. b. Please provide a map of the project area. The map must include all streams and wetlands on-site, detailing all impacts (i.e., culverts and/or fill). You may resolve the violation through the following actions: 1. Submit a written plan detailing proposed streambank stabilization, stream ' restoration, and stream enhancement activities by April 30, 2013 for review and approval. During the on-site meeting on February 26, 2013, Susan Wilson,David Brown, and David McHenry (NC Wildlife Resources Commission) discussed some potential options and sources for stream restoration with you(Mr. Morgan). Thank you for your attention to this matter. Should you have any questions regarding these matters,please contact Ms. Wilson at(828) 296-4500 or susan.a.wilsonancdenr.gov .. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Asheville Regional Office cc: Karen Higgins, WBSCP Unit David McHenry-NCWRC David Brown-USACOE ARO File Copy SASWP\Haywood\Complaints\Morgan Plott Crk\NOV-2013-PC-0081.3 2013.doc T; NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary March 11, 2013 Mr. Robert Primosch and Ms. Loretta Primosch 2432 NW 13u'Place Gainesville, FL 32605 Subject: 401 Water Quality Certification-Approval Primosch—Lot 285, Bear Lake DWQ Project# 13-0181 Jackson County LTN02/Bear Creek Lake/2-79-(5.5)/WS-III, B, Trout Dear Mr. Primosch and Ms. Primosch: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact approximately 0.01 acres(approximately 125 linear feet of shoreline)of open waters for the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to) Erosion and Sediment Control,Watersupply Watershed, and Trout Buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and maybe required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500t FAX:828-299-7043 NOrNor tll t,Ca.Y'OIIIla Internet:www.ncwaterquality.org atllraffil Mr.Primosch and Ms.Primosch March 11,2013 Page 2 of 2 Amount Approved(Units) Plan Location or Reference Waters Appx. 0.01 (acres) Application(no dry stack Appx. 125 (linear feet, wall) LF) shoreline; river rock and large boulder combination *Refer to Duke Energy guidelines for rip rap installation If working from the shoreline (rather than a barge), vegetation must be replaced in accordance with Nantahala Area Vegetation Management Requirements [ref. to Exhibit 1, Part 5.b. of Duke Power Nantahala Area Shoreline Management Guidelines]. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Susan Wilson in the Asheville Regional Office at (828)296-4665 or at susali.a.wilson(&ncdenr gov . Sincerely, � for Charles Wakild, P.E., Director CWlsaw Enc: GC3898 Certificate of Completion cc: Duke Energy Lake Services—Lisa Leatherman WBSCP Unit—Central Office Jackson County Planning—Steve Beasley Chad Ensley-P.O. Box 2025, Bryson City,NC 28713 ARO File Copy S:\SWP\Jackson\401s\Non-DOT\Primosch Bear Lake\APRVL.Primosch Bear Lake 3 2013.doc 7 A :.�`,....� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E.Skvarla, III Governor Director Secretary March 11, 2013 Mr. Wei Lin Environmental Management Geological Consultants, Inc 412 Roosevelt Drive Derby, Connecticut 06418 SUBJECT: First Annual Monitoring Baseline Report Stream Restoration Project Hubbell Distribution, Inc. 20 Glenn Bridge Road Arden,North Carolina 28704 Deadline: March 29,2013 Dear Mr. Wei Lin: This letter was sent on January 29, 2013 as a follow-up response to the First Annual Monitoring Baseline Report submitted to our office on January 15, 2013 concerning a Notice of Violation (NOV) dated February 1, 2011 at Hubbell Distribution, Inc. in Arden,North Carolina. The Asheville Regional Office has reviewed the submitted report and would like a plan of action as to how the following will be addressed: • As the initial downstream project was performed to address a perched culvert situation which limited, or prohibited, aquatic life passage, how will structures 4 and 5 be dealt with such that these are not aquatic life passage barriers? • Structure 6 has lateral instability, resulting in a channel that is unstable. How will this structure be dealt with which will result in a stable channel pattern? • Structure 5 has been hydraulically bypassed. How will this be dealt with which results in a stable channel pattern? No information has been provided to our office concerning the items listed above. Please provide a plan for addressing and re-evaluating these structures and items by the deadline date of March 29,2013. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-2964500\FAX:828-299-7043 NorthCarolina Internet:www.ncwaterquality.org Naturally; An Faual Onnortunity\Affirmative Action Fmnlnver \\ Hubell Distribution, Inc. March 11, 2013 -'age 2 of 2 A Please contact me at(828)296-4664 or Tim.Fox cr ncdenr ov, if I can be of any further assistance. Sincerely, f Ti ox Environmental Specialist Surface Water Protection Enclosure cc: Central Files Asheville Files John Mulvihill,Assistant General Counsel,Hubell Inc. Paul Dow, P.E. Altamont Environmental, Inc. S:\SWP\Buncombe\401s\Non-DOT\1lubbell\LTR2 Hubell Deadline 3.11.13.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E.Skvarla, III Governor Director Secretary March 11, 2013 Roger Jones 148 Banks Creek Road Burnsville,NC 28714 Subject: Permit/Trout Buffer Information 148 Banks Creek Road Yancey County Dear Mr. Jones: Thank you for meeting Jeff Wait,with The Division of Energy, Mineral and Land Resources and Myself on 2/11/2013. I understand that the large storm event caused damage to your property. During this meeting you stated that you would like to repair the area that was damaged as well as disturb some additional un-damaged property near the stream. I am providing you with some contacts that will be able to provide you with the ! appropriate regulatory guidance before you begin any land disturbance on the un-damaged areas of your \ property near the stream. If you do any work below the Ordinary High Water Mark please contact: Tasha McCormick Regulatory Specialist Asheville Regulatory Field Office U.S. Army Corps of Engineers-Wilmington District 151 Patton Avenue, Room 208 Asheville,North Carolina 28801 Phone: 828.271.7980, extension 226 If you plan to do additional work in the future that will compromise any trout buffer or exceed one acre of land disturbance, contact Mr. Wait to see if you will need a land disturbing permit or a trout buffer waiver. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One ' 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOl'Mar iol na Phone:828-296-4500 FAX:828-299-7043 /r Internet: www.nrwaterquality.org Naturally An Equal Opportunity\Affirmative Action Employer Roger Jones March 11,2013 Page 2 of 2 Jeff Wait-Jeff.WaitC&ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Energy, Minerals and .,and Resources Land Quality Section 2090 U.S. 70 Highway Swannanoa,NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 If you need any further assistance or help pertaining to water quality concerns please let me know. Appropriate erosion control measures will need to be installed to prevent sediment from reaching the stream. Please contact me at(828)296-4664 or Tim.Foxkncdenr.gov, if I can be of any further assistance. Sincerely, Tim Fox Environmental Specialist Surface Water Protection Enclosure cc: Laura Herbert-DEMLR Asheville Files SASVWP\Yancey\Complaints\148 Banks Creek Road\LTR.Roger Jones 3.11.13.doc gLiy A' KNEW North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary March 12,2013 Graham County Bridge No. 63 DWQ Project 20130237 NCSR 1253 (011ie Creek Road) Approval of 401 Water Quality Certification with Additional Conditions Mr. J. B. Setzer,P.E. Division 14 Engineer North Carolina Department of Transportation 253 Webster Road Sylva,North Carolina,28779 Dear Mr. Setzer: You have our approval,in accordance with the conditions listed below,for the following impacts in East Buffalo Creek for the purpose of replacing Bridge No. 63 with a double-barrel 53-foot long, 6-foot wide by 9-foot high,reinforced concrete box culvert on NCSR 1253 (011ie Creek Road)in Graham County: Stream Im acts in the Little Tennessee River Basin Site Temporary Fill Construct Permanent Temporary Total Stream In Intermittent Inlet-Outlet Fill in Impacts in Stream Impacts Stream Floodplain Perennial Perennial Impact Requiring (linear ft) Benches Stream Stream (linear ft) Mitigation linear ft linear ft linear ft linear ft Sites 1 &2 0 0 53 170 223 0 Sites 3 & 4 0 64 0 0 64 0 Total 1 0 1 64 1 53 170 287 0 Total Permanent Stream Impacts for Project: 117 lin.ft.Total Temporary Stream Impacts for Project: 170 linear ft. The project should be constructed in accordance with your application dated March 8, 2013 (received March 8, 2013), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No.3886, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter,and is thereby responsible for complying with all conditions. If URFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One -Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOfthCarohna Phone:828-296-450M FAX:828-299-70431 Customer Service:1-877-623-6748 // Internet: www.ncwaterquality.org naturally An Equal Opportunity;Affirmative Action Employer Mr.J.B. Setzer,P.E. March 12,2013 \\ Page Two total wetland fills for this project(now or in the future)exceed one acre, or if total impacts to streams(now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. This project has the potential to impact trout waters or other aquatic species of concern. ,No construction activities shall begin until the NCWRC makes a determination regarding moratoria. Should the NCWRC determine that a moratorium is applicable, then the requirements of any moratorium shall be a condition of this 401 Certification. If the Federal Highway Administration does not wish to honor the moratorium, then a written modification shall be requested. 5. The permittee shall use/Design Standards in Sensitive Watersheds/[15A NCAC 4B.0124(a)-(e)] in areas draining to (trout)waters. However, due to the size of the project,NC DOT shall not be required to meet 15A NCAC 4B .0124(a)regarding the maximum amount of uncovered acres. Temporary cover(wheat,millet, or similar annual grain)or permanent herbaceous cover shall be planted on all bare soil within 15 business days of ground disturbing activities to provide erosion control. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control devices such as silt fence,temporary sediment ditches,basins,etc. Matting should be secured in place with staples, stakes, or wherever possible, live stakes of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid,which can impinge and entrap small animals. For the establishment of temporary groundcover within riparian areas,hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer-and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. _✓lr. J. B. Setzer,P.E. March 12, 2013 Page Three 6. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 7. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 8. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 9. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 10. The stream channel shall be excavated no deeper than the natural bed material of the stream,.to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 11. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 12. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 13. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 14. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed,sized and installed. 15. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 16. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants,hydraulic fluids, or other toxic materials. 17. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 19. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 20. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 21. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 22. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. Mr.J.B. Setzer,P.E. March 12,2013 Page Four 23. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 24. The outside buffer,wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 25. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 26. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 27. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 28. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or' civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60) days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, for Charles Wakild,P.E.,Director Division of Water Quality Attachments cc: Lori Beckwith,USACE,Asheville Field Office Mark Davis,Division 14,DEO Ben DeWit,Roadside Environmental FO Engineer Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 20130237(Setter)Bridge 63 NCSR 1253(011ie Creek Road) i®• ^V+�rf NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrary Charles Wakild, P.E. John E.Skvarla, Ili Governor Director Secretary March 13,2013 Transylvania County DWQ Project 20130246 Replacement of Bridge No. 195 NCSR 1504(Old Hendersonville Highway) Approval of 401 Water Quality Certification with Additional Conditions Mr. J. B. Setzer,P.E. Division 14 Engineer North Carolina Department of Transportation 253 Webster Road Sylva,North Carolina,28779 Dear Mr. Setzer: You have our approval, in accordance with the conditions listed below,for the following impacts in Lyday Creek for the purpose of replacing Bridge No. 195 with a 70-foot long,33-foot wide cored slab bridge structure on NCSR 1504(Old Hendersonville Highway)in Transylvania County: Stream Impacts in the French Broad River Basin Site Permanent Fill Streambank Permanent Temporary Total Stream in Intermittent Stabilization Fill in Impacts in Stream Impacts Stream In Perennial Perennial Perennial Impact Requiring (linear ft) Stream Stream Stream (linear ft) Mitigation linear ft linear ft linear Oinear ft Site 1 0 0 0 0 0 0 Site 2 0 0 0 100 100 0 Site 3 0 55 0 0 55 -0 Total 0 55 0 1 100 155 1 0 Total Permanent Stream Impacts for Project: 55 lin.ft.Total Temporary Stream Impacts for Project: 100 linear ft. The project should be constructed in accordance with your application dated March 11, 2013 (received March 11, 2013), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3883, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 3. In addition,you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org Jahara//y An Equal Opportunity',Affirmative Action Employer Mr. J.B. Setzer,P.E. March 13,2013 Page Two be given a copy of this Certification and approval letter,and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre, or if total impacts to streams(now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be- such that they equal, or exceed, the requirements specified in the most recent version of the North Carolm"., >' Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile(spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. This project has the potential to impact trout waters. No construction activities shall begin until the NCWRC makes a determination regarding moratoria. Should the NCWRC determine that a moratorium is applicable,then the requirements of any moratorium shall be a condition of this 401 Certification. If NCDOT does not wish to honor the moratorium,then a written modification shall be requested. 5. For projects impacting waters classified by the NC Environmental Management Commission as Trout(Tr),High Quality Waters(HQW),or Water Supply I or II(WSI, WSII)stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating storm water runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. 6. The permittee shall use/Design Standards in Sensitive Watersheds/[15A NCAC 4B.0124 a - e in areas draining to (trout)waters.However,due to the size of the project,NC DOT shall not be required to met 15A NCAC 4B .0124(a) regarding the maximum amount of uncovered acres. Temporary cover(wheat,millet,or similar annual grain)or permanent herbaceous cover shall be planted on all bare soil within 15 business days of ground disturbing activities to provide erosion control. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control devices such as silt fence,temporary sediment ditches,basins,etc. Matting should be secured in place with staples, stakes, or wherever possible,live stakes of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid,which can impinge and entrap small animals. For the establishment of temporary B. Setzer,P.E. March 13,2013 Page Three grp oundcover within riparian areas,hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer-and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. 7. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 8. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species. 9. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means(grassed swales,pre-formed scour holes,vegetated buffers,etc.)before entering the stream. Please refer to the most current version of Stormwater Best Management Practices. 10. Bridge piles and bents shall be constructed using driven piles(hammer or vibratory)or drilled shaft construction methods. More specifically,jetting or other methods of pile driving are prohibited without prior written approval from NCDWQ first. 11. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This water shall be captured,treated,and disposed of properly. 12. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in this certification. 13. All bridge construction shall be performed from the existing bridge,temporary work bridges,temporary causeways, or floating or sunken barges. If work conditions require barges,they shall be floated into position and then sunk. The barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the bottom of the surface water. 14. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 15. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 16. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 17. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods,black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 18. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 19. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 20. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 21. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels,lubricants,hydraulic fluids,or other toxic materials. 22. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 23. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 24. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact be curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. Y Mr.J.B. Setzer,P.E. March 13,2013 Page Four 25. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 26. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 27. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 28. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 29. The outside buffer,wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 30. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 31. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements,etc. 32. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of� discovery. 33. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. J.B. Setzer;P.E. March 13, 2013 Page Five This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, for Charles Wakild,P.E.,Director Division of Water Quality Attachments cc: Lori Beckwith,USACE,Asheville Field Office Mark Davis,Division 14,DEO Ben DeWit,Roadside Environmental FO Engineer Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 20130246(Setzer)Bridge 195 NCSR 1504(Old Hendersonville Highway) _ A\ 1 .-.�..� \...,... NCDEN North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild John E. Skvarla, III Governor Director Secretary March 14,2013 Mr.J. B. Setzer,P.E. Division 14 Engineer N.C.Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection-Bridge No. 2 TIP No. BD-5114F NCSR 1112 Clay County Dear Mr. Setzer: On March 13,2013,I inspected the construction work on Bridge No.2 on NCSR 1112 in Clay County. Bridge construction was underway at the time of inspection. Sediment and erosion control structures appeared to be working properly. Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached to this letter. If you have questions,please call me at 828-296-4500. Sincerely, Michael R.Parker Environmental Senior Specialist Attachment cc: W.Trent Anderson Mark Davis,Division 14,DEO Ben DeWit,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office (Setzer)Bridge No.2 NCSR 1112 Inspection Letter March 2013 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 One Internet:www.ncwaterqualitv.org NalthCarolTna An Equal Opportunity t Affirmative Action Employer , iatu alltr Site Inspection Report Site Number: WT000957 Site Name: Bridge#2 NCSR 1112 Young Harris Road `- Site Address: 253 Webster Rd County: Clay Region: Asheville Directions: Latitude: Longitude: Site Owner Name: NCDOT Division 14 Inspection Date: 03/13/13 Reason for Inspection: Routine Inspection Type: Site Inspection(DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: N Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: 0 Permit(401 WQC) Inspection Summary: Inspected project with NCDOT staff. Contractor continues to work on bridge project. Suggested that additional rip rap be added to failed stream embankment just upstream of bridge and the silt fence need to be repaired on the downstream side of the bridge. Sediment and erosion control measures appeared to be working properly. Continue to maintain sediment and erosion control measures and seed and mulch bare areas as required. Permit(401 WQC) Yes No NA NE Does the impacts)match what was approved in the 401 WQC or non 404 permit? ■ nnn Are the culverts and/or filled areas installed properly? ■ nnn Is the site compliant with additional conditions of the 401 WQC or non 404 permit? Comment: ■ n n n Page: 1 74J12 � � NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrary Charles Wakild John E. Skvarla, III Governor Director Secretary March 14,2013 Mr.J.B. Setzer,P.E. Division 14 Engineer N.C.Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection-Bridge No. 89 TIP No. BD-5114V NCSR 1356 Lee Cudd Road Polk County Dear Mr. Setzer: On March 11,2013,I inspected the construction work on Bridge No. 89 on NCSR 1356 in Polk County. Construction was underway with the cored slabs in place a the contractor working on the bridge approaches. Sediment and erosion control structures appeared to be working properly. Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached to this letter. If you have questions,please call me at 828-296-4500. Sincerely, Michael R.Parker Environmental Senior Specialist Attachment cc:Aaron Powell,P.E. Mark Davis,Division 14,DEO Ben DeWit,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office (Setzer)Bridge No.89 NCSR 1356 Inspection Letter March�M SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 0t12 Internet:www.ncwatemuality.org NortWatolina An Equal Opportunity!Affirmative Action Employer "NatllflraCIZ/ Site Inspection Report Site Number: WT000959 Site Name: Bridge No.89 NCSR 1356 Lee Cudd Road Site Address: 253 Webster Rd County: Polk Region: Asheville Directions: Latitude: Longitude: Site Owner Name: NCDOT Division 14 Inspection Date: 03/11/13 Reason for Inspection: Routine Inspection Type: Site Inspection(DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: 0 Compliant n Not Compliant ' Program Area: 401 (includes isolated/non-404) Question Areas: E Permit(401 WQC) Inspection Summary: Inspected site with contractor. Contractor was working on bridge approaches. Sediment and erosion control measures appeared to be working properly. Continue to maintain sediment and erosion control measures and seed and mulch as required. Permit W-1A WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? Are the culverts and/or filled areas installed properly? ■ nnn Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ■ nnn Comment: ■ 0 n n Page: 1 3� .wra�sr NCDEN North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild John E. Skvarla, III Governor Director Secretary March 14,2013 Mr.J.B. Setzer,P.E. Division 14 Engineer N.C.Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection-Bridge No.3 UP No. BD-5114M NCSR 1102 Pearson Falls Road Polk County Dear Mr. Setzer: On March 11,2013,I inspected the construction work on Bridge No. 3 on NCSR 1102 in Polk County. The end bents have been completed and the contractor is in the process of setting cored slab beams. There was no work taking place at the time of inspection. Sediment and erosion control structures appeared to be working -, properly. Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached to this letter. If you have questions,please call me at 828-296-4500. Sincerely, Michael R.Parker Environmental Senior Specialist Attachment cc:Aaron Powell,P.E. Mark Davis,Division 14,DEO Ben DeWit, Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 One Intemet:www.ncwaterguality.om N6 tllCar6hna An Equal Opportunity\Affirmative Action Employer , 1Q"tllA�l! Site Inspection Report Site Number: WT000958 Site Name: Bridge#3 NCSR 1102 Pearson Falls Road Site Address: NCDOT Division 14 County: Polk Region: Asheville Directions: Latitude: Longitude: Site Owner Name: NCDOT Division 14 Inspection Date: 03/11/13 Reason for Inspection: Routine Inspection Type: Site Inspection(DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: N Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: Permit(401 WQC) Inspection Summary: Inspected site but there was no one at the bridge site. New bridge bents have been completed and one beam had been set in place. Sediment and erosion control measures appeared to be working properly. Continue to maintain sediment and erosion control measrues and seed and mulch as required. Permit 401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? Are the culverts and/or filled areas installed properly? ■ nnn Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ■ 0nn Comment: 0000 Page: 1 A' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary March 14, 2013 Mr.J.B. Setzer,P.E. Division 14 Engineer N.C.Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection NCSR 1783 Upward Road DWQ Project 08-1327 TIP No.R-4430 Henderson County Dear Mr. Setzer: On March 7, 2013, I inspected the construction work on Upward Road between US Highway 176 and Howard Gap Road in Henderson County. Construction work is continuing all along Upward Road between Howard Gap Road and US Highway 176 with the main focus on grading,culvert installation and bridge construction. Please ensure that all sediment and erosion control structures are being maintained as required and that seeding and mulching are being performed as needed,to protect State surface waters. Please refer to the attached copy of the inspection report for additional comments regarding the inspection. If you have questions,please call me at 828-296-4500. Sincerely, . Michael R.Parker Environmental Senior Specialist Attachment cc: Aaron Powell Mark Davis,Division 14,DEO Ben DeWit,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office Upward Road R-44301nspection Letter March 2013 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-4500\FAX:828-299-7043 Ono Internet:www.ncwaterguality.org NC1MCaro 'fia An Equal Opportunity 1 Affirmative Action Employer Wetland Inspection Report Project Num: 20081327 Version: 1 Status: Issued Project Name: NCDOT-SR 1783(R-4430) Project Type: Road/Highway Widening County: Henderson Region: Asheville Location: NCDOT-SR 1783(R-4430) Latitude: +35°17'51" Longitude: 82°24'25" SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 03/07/2013 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: Compliant ❑ Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: N Permit(401 WQC) Inspection Summary: Inspected project with NCDOT staff. Attention should be given to the following sites: 1. Repair sediment control fence with 57 stone at Station 65+00 Rt.and repair silt fence in the same area. 2. Repair and add silt fence along Bat Fork Creek at the area of bridge construction. 3.Set headwall for 72"pipe at Station 63+19 Rt. Continue to maintain sediment and erosion control devices. Seed and mulch bare areas as required. Pager 1 Project Num: 20081327 Owner: NC DOT PDEA Inspection Date: 03/07/2013 Inspection Type: Site Inspection(DOT) Reason for Visit: Routine Permit(409 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ nnn Are the culverts and/or filled areas installed properly? Is the site compliant with additional conditions of the 401 WQC or non 404 permit? 0 0 0 ■ Comment: ■ Page: 2 A' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary March 14,2013 Mr.J.B. Setzer,P.E. Division 14 Engineer N.C.Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection NCSR 1006 Howard Gap Road DWQ Project 2011-1101 TIP No. R-5207B Henderson County Dear Mr. Setzer: On March 7,2013,I inspected the construction work on Howard Gap Road in Henderson County. Construction work consisted of grading and bridge construction. Please ensure that all sediment and erosion control structures are being maintained as required and that seeding and mulching are being performed as needed,to protect State surface waters. Refer to the attached copy of the. inspection report for additional comments regarding the inspection. If you have questions,please call me at 828-296-4500. Sincerely, Michael R. Parker Environmental Senior Specialist Attachment cc:Aaron Powell Mark Davis,Division 14,DEO Ben DeWit,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office Howard Gap Road R-5207 Inspection Letter March 2013 h' SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 One Internet:www.ncvaterguality.ora NofthCairblina An Equal Opportunity 1 Affirmative Action Employer , L�'�l/t"lA��l! Wetland Inspection Report \ Project Num: 20111101 Version: 2 Status: Issued Project Name: NCDOT-SR 1006(R-5207B) Project Type: Road maintenance/repair/improvements County: Henderson Region: Asheville Location: NCDOT-SR 1006(R-5207B) Latitude: +35°21'44" Longitude: -82°26'55" SW Plan Location: Site Owner Name: NC DOT Division 14-Sylva Inspection Date: 03/07/2013 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: 0 Permit(401 WQC) Inspection Summary: Inspected project with NCDOT staff. Construction consisted of grading and bridge construction. Repair silt fence needed at Station 293+00 all other areas appeared to be working properly. Continue to maintain sediment and erosion control structures. Seed and mulch bare areas as required. Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? Are the culverts and/or filled areas installed properly? 0 ❑ n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ■ 0 0 n Comment: E n 0 0 Page: 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary March 15, 2013 Ms. Linda Issacs McDowell Assisted Living LLC P.O. Box 909 Marion, North Carolina 28752-0909 Subject: NOTICE OF VIOLATION NOV-2013-LV-0169 Permit No. NCO075353 McDowell Assisted Living WWTP McDowell County Dear Ms. Issacs A review of McDowell Assisted Living WWTP's monitoring report for November 2012 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Solids, Total Suspended - 11/02/2012 45 mg/I 50.8 mg/I Daily Maximum Concentration Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James &James Environmental/ORC S:\SWP\McDowell\Wastewater\Minors\McDowell Assisted Living 75353\NOV-2013-LV-0169.doc NN tllCQllb, North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.orct FAX (828)299-7043 �.�_::.. f \ / �� �_��- i •. �_rAr 1, NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E.Skvarla, III Governor Director Secretary March 15, 2013 CERTIFIED MAIL 7010 1870 0003 0875 2308 RETURN RECEIPT REQUESTED Ms. Angela H. Woodson, Town Clerk Town of Rosman P.O. Box 636 Rosman,North Carolina 28772 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO021946 Town of Rosman Rosman WWTP Case No. LM-2013-0005 Transylvania County Dear Ms. Woodson: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$687.00 ($550.00 civil penalty+ $137.00 enforcement costs)against the Town of Rosman. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by the Town of Rosman for the month of September 2012. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0021946. The violations which occurred in September 2012 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Town of Rosman violated the terms, conditions or requirements of NPDES Permit NCO021946 and G.S. 143-215.1(a)(6)in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment against the Town of Rosman: onrt NhCarolina Naturally SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 Phone:(828)296-4500\FAX:828 2997043 Internet:www.ncwaterguality.org I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0021946, by discharging waste water into the waters of the State \` in violation of the Permit Monthly Geometric Mean limit for FEC COLI. 3 of the 3 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $300.00 NC0021946, by discharging waste water into the waters of the State in violation of the Permit Weekly Geometric Mean limit for FEC COLI. $.00 For 0 of the 6 failures to properly monitor FLOW in violation of NPDES Permit No. NC0021946. $550.00 TOTAL CIVIL PENALTY $137.00 Enforcement Costs $687.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-21 5.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing,and Stipulation of Facts"form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 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 of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section ATTACHMENTS Asheville Regional Office cc: DWQ Regional Supervisor w/attachments NPDES Point Source w/attachments DWQ Central Files w/attachments Goldie&Associates/ORC w/attachments S^:�4�P'_`f'rand-Ivania'GV`:�tewat�r:�lunicip�l'�U�mo�Eti t�rTP 2!c)?C`i,1i-ZO.t3-t�0��.eit�c JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LM-2013-0005 County: Transylvania Assessed Party: Town of Rosman Permit No.: NC0021946 Amount Assessed: $687.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). _ (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); \ (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: �\ /-_`.. _✓l �J i FATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF TRANSYLVANIA IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS TOWN OF ROSMAN/ ) ROSMAN WWTP ) PERMIT NO.NCO021946 ) FILE NO. LM-2013-0005 Having been assessed civil penalties totaling $687.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated March 15, 2013,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30)days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed . after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE a) () a) x a) a) C K X X a) W W W W Q) c c c c c c d c C C wa o 0 0 0 0 0 a) m m o > OF o_ o o_ o U U U E a) Z > > > > > > O a) 0T > E E E L'w g a) a) a) a) CD (c) t (� C� (w O LL LL LL lL IL LL Y Y ) O 0 O W rl 0 0 o W~ _ M O O 0 J (D N M N 0- LLI ❑ ❑ FW ui Ug>3 O gW N 3Nomco U> a a 2 U U g 0 0 0 0 F NJ V V V N C L CJ o LLW LL w On Za o 0 0 0 oQ E E E E E E > >w x �* z w 0 �g V 0 0 0 O z z w Z N w > > > > > W 0 C� T T T T � J 3 7 7 7 0 Wa C C C C C C LL a1 a) a) 01 w C C C C C C \ J U 0 w U U U U C> U \ z0❑W N rN NN MN 0 Q O r0 N o OOQ co Z O C) ❑ M0w 0 O 0 O 0 O O O O O O p Q > U a w w C W J J J ..I W 2 0 0 0 0 a LL LL Qa OJ O o 0 o O 0 C C C C O C C C C C C J Q 7 7 7 Q 7 7 7 7 7 7 Q UO W W W W UO W W W W W W LL J J J IL 0 0 0 0 Fd CD0 0 0 0 0 0 7 O O Obi 0 C9 CV N wz d' N NNN N N N N N /--.- Cl 00 Cl O O O V LLIOO N0 ) m cri Nn G) aA -. 0 O �. O O O O 0 O O O O Q O O O O 0 Q O O O O O O IL J w fA 6% 69 6N9 W 64 64 69 d3 69 64 a. a NCD►ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild,RE, John E.Skvarla, III Governor Director Secretary March 15, 2013 CERTIFIED MAIL 70101870 0003 0875 2292 RETURN RECEIPT REQUESTED Mr. Radford L. Thomas, Director, Public Utilities City of Lenoir P.O. Box 958 Lenoir,North Carolina 28645-0958 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO023736 City of Lenoir Gunpowder Creek WWTP Case No. LV-2013-0044 '- Caldwell County Dear Mr. Thomas: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,637.00 ($1,500.00 civil penalty+ $137.00 enforcement costs) against the City of Lenoir. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by the City of Lenoir for the month of November 2012. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0023736. The violations which occurred in November 2012 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the City of Lenoir violated the terms, conditions or requirements of NPDES Permit NCO023736 and G.S. 143-215.1(a)(6)in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Chuck Cranford,Division of Water Quality Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment against the City of Lenoir: No thCarolina Naturally SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 Phone:(828)296-4500\FAX:828 2997043 Internet:www.ncwaterguality.org I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $1,500.00 N00023736, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for NH3-N- Cone. $1,500.00 TOTAL CIVIL PENALTY $137.00 Enforcement Costs $1,637.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 2 82.1(b),which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice,you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing,and Stipulation of Facts"form within thirty(30)days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request" Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: \ If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 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 of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, Chuck dafiford,Regional Supervisor Surface Water Protection Section ATTACHMENTS Asheville Regional Office cc: DWQ Regional Supervisor w/attachments NPDES Point Source w/attachments DWQ Central Files w/attachments S"SWP`;Cald«e1P,ti astewater�.%�iunicipal;C:iungo,�vder Creel:237361,LV-2013-004}aloe JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2013-0044 County: Caldwell Assessed Party: City of Lenoir/Gunpowder Creek WWTP Permit No: NC0023736 Amount Assessed: $1,637.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT\ AND NATURAL RESOURCES , COUNTY OF CALDWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND CITY OF LENOIR/ ) STIPULATION OF FACTS GUNPOWDER CREEK WWTP ) PERMIT NO.NCO023736 ) FILE NO. LV-2013-0044 Having been assessed civil penalties totaling$1,637.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated March 15,2013, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty(30)days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of 20 SIGNATURE ADDRESS TELEPHONE W u a X w z rn O Fa > >_ g a O a 0 ' z O W j `q OJ a w 5W J J a U r � v v R U w LLW O� c z zW O U d' 0 0 Q ` M r z z O LUY L11 C N. O a('i -� J w X _ 0 a 0 UJ H m 0, r Q U D rQ -Cl) z oc w cn > Q U IL m m L K U d w C 3 uJ U CL CF C Q = IL z t7 z _ O C� N J V � Q o W LL J Qa Ha o O w M (7 N N �0 o M Coa �a N -- (� O Z W Z = O Q o d z IQ J a <» ���. ��,;;J.' \�` \��,;; alrr� ��s CI3EW North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild,'P.E. John E. Skvarla, III Governor Director Secretary March 18, 2013 R. Douglas Benson Post Office Box 7280 Pensacola, Florida 32534 Subject: 401 Water Quality Certification -Approval Benson Impoundment Enlargement DWQ Project#2013-0183 Transylvania County FRBO1 /UT East Fork French Broad River/6-6/B; Tr;HQW Dear Mr. Benson: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 40 linear feet of stream for the purpose of impoundment expansion at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3890. This Certification allows you to use Nationwide Permit 29 when issued by the US Army Corps of Engineers(USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to)Erosion and Sediment Control and Trout Buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Stream 40 (linear feet) Application Item C.3.S2 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-7043 Internet:www.ncwaterquality.org Np�,L� ffiCarolina R.Douglas Benson March 18,2013 Page 2 of 3 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. Additional Conditions 1. Sensitive Watershed Erosion and Sediment Control Practices The Division of Land Resources' Design Standards in Sensitive Watersheds(15A NCAC 04B .0124) must be adhered to throughout the life of this project. 2. Turbidity Standard The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 213. .0200. Appropriate sediment and erosion control practices must be used to meet this standard. 3. Normal base outflow(during summer to fall)from the dam must be drawn from near the pond bottom with the proposed siphon system or comparably functioning device to reduce the stream warming that the pond causes. The new pond outlet must draw primary outflow from near the pond bottom. Typical pond riser bottom outlet To maintain cool outflow and good water quality, a sleeved standpipe should be used to draw outflow water from near the bottom of the pond. The easiest way to accomplish a near-bottom outflow is to place a larger pipe (i.e. shroud or sleeve) over the standpipe so that water flows up through the bottom of the larger pipe and then down through the outlet(riser)pipe(see inset and page 6 of httu://www.ncwildlife.org/pg03 Fishin /images/PONDMANS PDF). i If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. Benson A 2013 sof3 This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at (828) 296-4657. Sincerely, for Charles Wakild, P.E.,Director CWlkhb Enc: GC3890 Certificate of Completion cc: Matt Cantrell, Cantrell Construction 6776 Greenville highway,Brevard,North Carolina 28712 David McHenry,NC Wildlife Resources Commission USACE Asheville Regulatory Field Office WBSCP Unit—Central Office File Copy S:\SWP\Transylvania\401 s\Non-DOT\Benson.EForkFBroad\APPVL.03-18-2013.doc �� i�._,�. �\ �1 /._ �/� NOENIR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary March 18,2013 Cherokee County DWQ Project 20130257 Replacement of Bridge No. 18 NCSR 1340(Owl Creek Road) Approval of 401 Water Quality Certification with Additional Conditions Mr.J.B. Setzer,P.E. Division 14 Engineer North Carolina Department of Transportation 253 Webster Road Sylva,North Carolina,28779 Dear Mr. Setzer: You have our approval,in accordance with the conditions listed below,for the following impacts in Owl Creek for the purpose of replacing Bridge No. 18 with a 50-foot long,30-foot wide cored slab bridge structure on NCSR 1340(Owl - Creek Road)in Cherokee County: Stream Im acts in the Hiwassee River Basin Site Permanent Fill Streambank Permanent Temporary Total Stream in Intermittent Stabilization Fill in Impacts in Stream Impacts Stream In Perennial Perennial Perennial Impact Requiring (linear ft) Stream Stream Stream (linear ft) Mitigation linear ft linear ft linear ft linear ft Site 1 0 0 0 0 0 0 Site 2 0 60 0 0 60 0 Site 3 0 0 0 90 90 0 Total 0 60, 0 90 1501 0 Total Permanent Stream Impacts for Project: 60 lin.ft.Total Temporary Stream Impacts for Project: 90 linear ft. The project should be constructed in accordance with your application dated March 8, 2013 (received March 15, 2013), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3883, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 3. In addition,you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:: www.ncwaterquality.org FAX:828-299-70431 Customer Service:1-877 623 6748 ����N���� Internet: www.ncwaterquality.org l An Equal Opportunity 1 Affirmative Action Employer Mr.J.B. Setzer,P.E. March 18,2013 Page Two be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre, or if total impacts to streams(now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must fallow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolir" Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrd�'__ ' sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. This project has the potential to impact trout waters. No construction activities shall begin until the NCWRC makes a determination regarding moratoria. Should the NCWRC determine that a moratorium is applicable,then the requirements of any moratorium shall be a condition of this 401 Certification. If NCDOT does not wish to honor the moratorium,then a written modification shall be requested. 5. The permittee shall use/Design Standards in Sensitive Watersheds/[15A NCAC 4B.0124(a)-(e)] in areas draining to (trout)waters.However,due to the size of the project,NC DOT shall not be required to meet 15A NCAC 4B .0124(a) regarding the maximum amount of uncovered acres. Temporary cover(wheat,millet,or similar annual grain)or permanent herbaceous cover shall be planted on all bare soil within 15 business days of ground disturbing activities to provide erosion control. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas. For the establishment of permanent herbaceous cover,erosion control matting shall be used in conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control devices such as silt fence,temporary sediment ditches,basins,etc. Matting should be secured in place with staples, stakes, or wherever possible,live stakes of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid,which can impinge and entrap small animals. For the establishment of temporary groundcover within riparian areas,hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer-and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. �.J.B. Setzer,P.E. March 18,2013 Page Three 6. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 7. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species. 8. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means(grassed swales,pre-formed scour holes,vegetated buffers,etc.)before entering the stream. Please refer to the most current version of Stormwater Best Management Practices. 9. Bridge piles and bents shall be constructed using driven piles(hammer or vibratory)or drilled shaft construction methods. More specifically,jetting or other methods of pile driving are prohibited without prior written approval from NCDWQ first. 10. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This water shall be captured,treated, and disposed of properly. 11. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in this certification. 12. All bridge construction shall be performed from the existing bridge,temporary work bridges,temporary causeways, or floating or sunken barges. If work conditions require barges,they shall be floated into position and then sunk. The barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the bottom of the surface water. 13. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 14. The stream channel shall be excavated no deeper than the natural bed material of the stream,to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 15. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 16. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 17. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 18. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed,sized and installed. 19. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 20. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels,lubricants,hydraulic fluids,or other toxic materials. 21. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 22. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 23. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 24. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. -'25. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. Mr. J.B. Setzer, P.E. March 18,2013 Page Four 26. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 27. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 28. The outside buffer,wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 29. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards(including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 30. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 31. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 32. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/o1—i' civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, for Charles Wakild,P.E.,Director Division of Water Quality Attachments cc: Lori Beckwith,USACE,Asheville Field Office Mark Davis,Division 14,DEO Ben DeWit,Roadside Environmental FO Engineer Marla Chambers,NCWRC �J Transportation Permitting Unit Asheville Regional Office 130257(Setter)Bridge 18 NCSR 1340(Owl Creek Road) A' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P.E. Pat McCrory Director John E. Skvarla, III Governor Secretary March 18, 2013 Mr. Paul Carty The Ridges at Mountain Harbour, LLC 301 South College Street Charlotte,North Carolina 28202 SUBJECT: Notice of Violation Response and Sediment Removal Plan Approval The Ridges at Mountain Harbour NOV-2013-PC-0033 Clay County Dear Mr. Carty: The Division of Water Quality has received correspondence from Mountain Soils Incorporated dated March 7, 2013, in response to the NOV noted above. The proposal includes the removal of sediment from an unnamed tributary to Licklog Creek. This proposal will involve the hand _ removal of sediment from up to 1800 linear feet of the above mentioned stream. The remedial actions presented in the response have been found satisfactory and are approved. Activities involved in this approved plan, as well as submittal of the final report, are to be completed within thirty(30) days of this approval letter. Please contact me at(828) 296-4500 or kevil7.barnett(a,,ncdenr.gov should you have any further questions. Sincerely, I F Kevin Barnett Environmental Specialist Surface Water Protection cc: Steve Melin, LSS,Mountain Soils,Inc. 71 Ledford Drive,Franklin,north Carolina 28734 W. Alec Stillwell, Stillwell Engineering,PA 116 Central Street, Sylva,North Carolina 28779 ARO File Copy S:\SWP\Clay\StormwaterWgcjo 1.Construction\RidgesAkMountainHarbour\SedRemovalPlanAppvl.03-15-2013,doc SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarohna Phone:828-296-4500\FAX:828-299-7043 Aw"all'y Intemet: www.ncwaterquality.org An Equal Opportunity\Affirmative Action Employer NCDEN North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary March 19,2013 Ray Antley 1582 South Pointe Drive Morganton,NC 28655 Subject: 401 Water Quality Certification-Approval South Pointe Lot 105 DWQ Project# 13-0168 Burke County CTB30/Catawba River(Lake James)/ 11-(23)/Class WS-V; B Dear Mr. Antley: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated With the subject project listed above. Approval has been granted to place fill within or otherwise impact 50 linear feet of open waters for the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to)Erosion and Sediment Control and Buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters 50 (linear feet) (0.0011 acres) Application Item 7 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-2964500\FAX:828-299-7043 1 One Internet:www.ncwaterquality.org NorthCarolina An[:--1 nnnnA—;h,I MF.r.....E'—A ,—C.....1....,.. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $500.00 NC0023736, by discharging waste water into the waters of the State in violation of the Permit Weekly Average limit for NH3-N- Conc. i 1 of the 1 violations of G.S. 143-215.1 a 6 and NPDES Permit No. OO $1,500.00 NC0023736, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for NH3-N- Conc. $2,000.00 TOTAL CIVIL PENALTY $137.00 Enforcement Costs $2,137.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 2 82.1(b), which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice,you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department,of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention o£ Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative= hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 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 the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties,Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received in the Office of Administrative Hearings within five(5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 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 of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincere Z11 . Chuck Criford, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Regional Supervisor w/attachments NPDES Point Source w/attachments DWQ Central Files w/attachments S.'iSWls?Caldwelll,wastewater,Munie,ipal`:(.jutipowder Creek 23736AN-2013-0045.doe JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2013-0045 County: Caldwell Assessed Party: City of Lenoir/ Gunpowder Creek WWTP Permit No.: NC0023736 Amount Assessed: $2,137.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT COUNTY OF CALDWELL AND NATURAL RESOURCES 1N THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND CITY OF LENOIR/ STIPULATION OF FACTS ) GUNPOWDER CREEK WWTP ) PERMIT NO. NCO023736 ) FILE NO. LV-2013-0045 Having been assessed civil penalties totaling$2,137.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated March 19, 2013, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE d a X x ~ w w z O m � g a Q o T T d s > Q a) � z O w > o d OM M � 0 w Fw g3OD J U N d D N 3 -1 v U w O� - -CD z} y E E Z zW =O U 0 d' 0 0 Q ` U Z O o Z N w a) a) J > w 3 3 JW X X Up LL uO m � ++ m Z Q N D U Ow N z w OD o 0 Cl) > U a F- m m U V w C C 3 W U U O Z Z C C Q 2 2 a z z 0 z J U > a W O W LL J Hd o O co O M C cli o = 0a N N CDO O L) z Z i O O J o q O a w � LQ J d e} c, �,� �� _..... WMUN-R North Carolina Department of Environment and Natural Resources Division of Water Quality - Pat McCrory Charles Wakild,P.E. John E.Skvarla, III Governor Director Secretary March 19, 2013 CERTIFIED MAIL 70101870 0003 0875 2315 RETURN RECEIPT REQUESTED Mr. Tony Konsul Transylvania Utilities Inc. P.O. Box 240908 Charlotte,North Carolina 28224-0908 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO024295 Transylvania Utilities Inc. Connestee Falls WWTP#1 - Case No. LV-2013-0046 Transylvania County Dear Mr. Konsul: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$637.00 ($500.00 civil penalty+ $137.00 enforcement costs) against Transylvania Utilities Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by Transylvania Utilities Inc. for the month of October 2012. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0024295. The violations which occurred in October 2012 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Transylvania Utilities Inc. violated the terms, conditions or requirements of NPDES Permit NCO024295 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 Secretar-y-of the Departanent--of-En-vironrnent-and Nat aral-Resourcesr,an -the-N- Director of the Division of Water Quality, I, Chuck Cranford,Division of Water Quality Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment against Transylvania Utilities Inc.: NbnrthCarolina NWArallY SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 Phone:(828)296-4500\FAX:828 2997043 Internet:www.ncwateEguality.org 2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $500.00 NC0024295, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for FEC COLI. $500.00 TOTAL CIVIL PENALTY $137.00 Enforcement Costs $637.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of�the factual statements containedn tle civilalty ._._ assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing,and Stipulation of Facts"form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 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 of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, Chuck CA46rd, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Regional Supervisor w/attachments NPDES Point Source w/attachments DWQ Central Files w/attachments S SWP`Crans}}vania''WastelAatzr\llinor4\Connestee Falls 24295TV-2013-0046A)e JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2013-0046 County: Transylvania Assessed Party: Transylvania Utilities Inc.I Connestee Falls WWTP #1 Permit No.: NCO024295 Amount Assessed: $637.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT' '-,, AND NATURAL RESOURCES COUNTY OF TRANSYLVANIA IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS TRANSYLVANIA UTILITIES INC. / ) CONNESTEE FALLS WWTP# 1 ) PERMIT NO. NCO024295 ) FILE NO. LV-2013-0046 Having been assessed civil penalties totaling$637.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated March 19, 2013,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE m aIIi W a m a X X w w OE E > > y F E E X Q Q Z O O Lo W LLJa >rL O N It 0 J CO LO 0 W Fa-w J j N Cl) U> m J Q U 0 C is > O O C la F- w O� o 0 Fy o 0 z ZW # O =� t� co c o — o Q m z Z = o w LLJ , N D T > J � m a) Q tCa LL W Z CO O N N Q N ~~ o Cl) i w 0 o 0 F- Q > U IL F- v, �a LL w d W d � gQ O O C Q w w 0 a w w U z Lo > > U O w W Q U. J Fa o 0 7 u'> O Q> O N ZH N N / N 0: O C 00 N N i C w o 0 U IL r zw Z (a O Q: Q io 6 W IL J a � � A*4JfL )h N+DD►ENR North Caroline Department of Environment and Natural Resources l Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary March 19, 2013 Mr. Cameron McHargue, Town Manager Town of Spindale P.O. Box 186 Spindale, North Carolina 28160 Subject: NOTICE OF DEFICIENCY NOD-2013-LV-0040 Permit No. NCO020664 Spindale WWTP Rutherford County Dear Mr. McHargue: A review of Spindale WWTP's monitoring report for December 2012 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M- 12/29/2012 400#/100ml 422.6#/100ml Weekly Geometric FC Broth,44.5C Mean Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, CIL— Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files S:\SWP\Rutherford\Wastewater\Municipal\Spindale WWTP 20664\NOD-2013-LV-0040.doc NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwatercivality.org FAX (828)299-7043 \_\ -/ \._.:.. j.__ \\__// i�ll�r`iYA�s NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakiid, P.E. John E. Skvarla, III Governor Director Secretary March 19, 2013 Mr. Dennis J. Whitson 3800 Sugarhill Road Marion, North Carolina 28752 Subject: NOTICE OF VIOLATION NOV-2013-LV-0173 Permit No. NCO079481 Harmony Estates WWTP McDowell County Dear Mr. Whitson: A review of Harmony Estates WWTP's monitoring report for December 2012 showed the following violation: Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day (20 Deg. C) 12/31/2012 30 mg/I 35.28 mg/I Monthly Average - Concentration Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files Phillip Pittman/ORC On S:\SWP\McDowell\Wastewater\Minors\Harmony Estates 794811NOV-2013-LV-0173.doc NofthCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterauality.org FAX (828)299-7043 _ 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild,P.E. John E. Skvarla,III Governor Director Secretary March 19,2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2742 Mr. George W. Ware Jonas Ridge Adult Care Facility WWTP P.O. Box 658 Newland,North Carolina 28657-0658 Subject: Notice of Violation and Recommendation for Enforcement Tracking#c NOV-2013-LV-0174 Jonas Ridge Adult Care Facility WWTP NPDES Permit No.NCO060224 Burke County Dear Mr. Ware: A review of the December 2012 self-monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Reported Value Permit Limit 12/31/2012 001 BOD 32.5 mg/l 30 mg/1 12/04/2012 001 Ammonia Nitrogen 21.4 mg/l 20 mg/l 12/31/2012 001 Ammonia Nitrogen 9.58 mg/l 4 mg/1 12/04/2012 001 TSS 75.7 mg/l 45 mg/l 12/27/2012 001 TSS 48.8 mg/l 45 mg/1 12/31/2012 001 TSS 36.51 mg/l 30 mg/1 A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0060224. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the December 2012 Discharge Monitoring Report. You will then be notified SURFACE WATER PROTECTION SECTION--ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannatioa.Notch Carolina 28778 One Phone:828-296-4500\Fax:828 299-7043 NorthCarolina Internet:http:ltportal.nodenr.org/web/wcl An Equal Opportunity\Affirmative Action Employer—50%Recycled%109 o Post Consumer paper Mr. George W. Ware March 19, 2013 Page Two 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, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems,and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files ' DWQ Point Source Branch 5`SGVP`,BLirke',,Wastowater 4tinor\Jonas Ridge Adult Cage 60224`�NC)V-NR}2013-I.:V-01?4.doc A41 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild,P.E. John E. Skvarla,III Governor Director Secretary March 19,2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2759 Mr. Parks Banks Ridgeview Acres Mobile Home Park P.O. Box 387 Barnardsville,North Carolina 28709-0387 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2013-LV-0172 Ridgeview Acres Mobile Home Park WWTP NPDES Permit No. NCO060283 Buncombe County Dear Mr. Banks: A review of the November 2012 self-monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 11/13/2012 001 Fecal coliform 600 #/100ml 400#/100ml 11/30/2012 001 Fecal coliform 600 #/100ml 200 #/100m1 A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE)is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0060283. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the November 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACE WATER PROTECTION SECTION—ASH:EV:ILLE REGIONAL,OFFICE Location:2090 U.S.Highway 70,Swannanoa.North Carolina 28778 ne Phone:828-296-4500\Fax:828-299-7043 Nc hCar0l na Internet:http:lloortal.ncdenr.org/web/wq l> 111' 1 An Equal Opportunity\Affinnative Action Employer—50%Recycled/10%Post Cowsunter paper Mr. Parks Banks March 19, 2013 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems,and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch S:\SXkT"',13unconibe`%Wastewater'::�Qinar';RidreGiew Acres'VTHP 60283\NN0V-NRL-2013-]_V-0I72.di>c LT 4— WA DN North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary March 19, 2013 L. C. Jones Black Bear Paving &Construction, Inc. 6456 Sylva Road Franklin,North Carolina 28734 Michelle Masta, President Skyros Investments, Inc. 850 Chestnut Lake Drive Marietta, Georgia 30068 Subject: Request for More Information 401 Water Quality Certification Echo Valley Culvert DWQ Project# 2013-0171 Macon County Response deadline: April 8, 2013 Dear Mr. Jones and Mrs. Masta: The Division of Water Quality(DWQ)has performed a preliminary review of a 401 Water Quality Certification application submitted for the above referenced property. Additional information will be required in order to complete the review process. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Application Item A. 3. Owner Information requests information related to the ownership of the properties within the project area. A North Carolina Secretary of State website search reveals that Michelle Masta is the president of both Black Bear Paving&Construction, Inc. and Skyros Investments, Inc. Please provide explanation as to how these properties are utilized and managed. (collective impacts) 2. Application Item B. 3c.requests the amount of all existing streams on the project properties. The submitted plan appears only to depict the stream length between the terminal end of the Skyros Investments, Inc. culvert, and the beginning of the Trinity Roofing Supply, LLC culvert. Please provide the length of all streams within the Black Bear Paving& Construction,Inc. and the Skyros Investments, Inc. property boundaries, including streams currently within culverts. Location:2090 U.S.Highway 70,Swannanoa.North Carolina 28778 One Phone:828-296-450M FAX:828-299-7043 NorthCarohna In#ernet:www.ncwa#erquality.org Ao� An Equal Opportunity i Affirmative Action Employer Echo Valley March 19,2013 � Page 2 of 3 Additionally, please submit the approximate date of installation for the existing culvert on the Skyros Investments, Inc. property. 3. Application Item D. 1. Avoidance and Minimization requests that you describe what measures you have taken to minimize or avoid impacts to surface waters with this project. Please provide an alternatives analysis depicting the options considered in the planning of this project and your rational for the option chosen. For example: • Using the Skyros Investments, Inc. property as access to the proposed gravel parking area • The use of significantly shorter culverts sufficient for vehicular access at either end of the Black Bear Paving and Construction, Inc. property to create a"circular"point of access • The possibility of shifting the parking lot rearward on the property to minimize or avoid impacts. Please note that in Application Item D. 1. b. that a discussion of stormwater measures is not considered a discussion of Avoidance and Minimization. 4. Application Item E. 2. Stormwater Management Plan requests the percentage of overall imperviousness resultant from this project. Gravel roadways and parking surfaces are considered impervious for these purposes. Please refer to the attached Pre-Construction(PCN)Form Instructions for guidance on this section of the application. It does appear that a stormwater management plan will need to be prepared and submitted to the Division of Water Quality for approval should the impervious surfaces calculation provide results in excess of the stormwater management threshold. Please provide your response in writing to the addresses below prior to close of business on April 8, 2013. Four copies of the required information should be provided to the Wetlands, Buffers, Stormwater Compliance and Permitting Unit at: Ms. Karen Higgins WBSCP Unit 1650 Mail Service Center Raleigh,NC 27699-1650 and a single copy to the Asheville Regional Office at: Kevin Barnett Surface Water Protection Section 2090 US HWY 70 Swannanoa,NC 28778 If we do not hear from you by the deadline,we will assume that you no longer want to pursue this project and we will consider the project withdrawn. 2013 A 3 This letter only addresses the preliminary application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized(at this time)by the DWQ. Please contact Kevin Barnett at(828) 296-4657, if you have any questions. Sincerely, 3 Chuck Cranford, Regional Supervisor Surface Water Protection Asheville Regional Office cc: Wanda Austin, P.E. 45 Homespun Road Sylva,NC 28779 David Brown-US Army Corps of Engineers Asheville Field Office David McHenry-North Carolina Wildlife Resources Commission Karen Higgins - WBSCP Unit Matt Mason, Macon County Planning ARO File copy S:\SWP\Macon\401s\Non-DOT\EchoValley\Addlnfo.03.13.2013.doc A4J' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvaria, Ili Governor Director Secretary March 20, 2013 Marc Hehn 117 Dorchester Avenue Summerville, South Carolina 29483 Fisery ISS & Co. Trustee FBO J. Marc Henn, IRA Post Office Box 173859 Denver, Colorado 80217-3859 Subject: 401 Water Quality Certification -Approval Apple Cottage Relocation DWQ Project# 2013-0140 Macon County LTNO1 /Satulah Branch/2-21-3-1 /Class WS-III Dear Mr. Hehn: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 0.08 acres of wetlands for the purpose of property development at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3890. This Certification allows you to use Nationwide Permit 29 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to)Erosion and Sediment Control regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-450OX FAX:828-299-7043 One Internet:www.ncwaterquality.org NOrthCarolina Marc Hehn March 20,2013 Page 2 of 2 Amount Approved(Units) Plan Location or Reference 404/CAMA Wetlands 0.08 (acres) Application Item C. 2. W 1 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at (828)296-4657. Sincerely, l f� fo.Charles Wakild, P.E.,Director CWlkhb Enc: GC3890 --' Certificate of Completion cc: PENSCO Inc. c/o Chris Radich 560 Mission Street, Suite 1300, San Francisco, California 94105-2907 David McHenry, Wildlife Resources Commission Josh Ward, Town of Highlands USACE Asheville Regulatory Field Office WBSCP Unit—Central Office File Copy S:\S WP\Macon\401 s\Non-DOT\Hehn.AppleCottage.Highlands\APPVL.03-19-2013.doc A ih Z4,L*) North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary March 20, 2013 Travis Sinclair Duke Energy Carolinas, LLC Post Office Box 1007 Charlotte,North Carolina 28201 Subject: 401 Water Quality Certification-Approval Tuckasegee Powerhouse Access Area DWQ Project#2013-0202 Jackson County LTN02/West Fork Tukasegee/2-79-23-(7)/Class WS-III, B, Tr Dear Mr. Sinclair The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. i Approval has been granted to place fill within or otherwise impact 18 linear feet of stream for the purpose of boat ramp construction at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3883. This Certification allows you to use Nationwide Permit 36 when issued by the US Army Corps of Engineers(USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to) Erosion and Sediment Control, Water Supply and Trout Buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Stream 18 (linear feet) Application Item C. 3. S1 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-450M FAX:828-299-7043 N&fthCarolina Internet:www.ncwaterquality.org a�lll'll`�l/ Duke Energy Carolinas,LLC March 19,2013 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. �_- If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at (828) 296-4657. Sincerely, f,,Charles Wakild,P.E.,Director CWlkhb Enc: GC3883 Certificate of Completion cc: Wilson G. Hunter, David&Floyd, Inc.. 1319 Highway 72/221 East, Greenwood, South Carolina 29649 David McHenry,NC Wildlife Resources Commission USACE Asheville Regulatory Field Office WBSCP Unit—Central Office File Copy S:\S WP\Jackson\401 s\Non-DOT\Duke.TuckasegeePowerhouse.BoatRamp\APPVL.03-19-2013.doc �J/ MCDEIt R North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary March 21, 2013 Jason Camp PO Box 1454 Rutherfordton,NC 28139 Subject: 401 Water Quality Certification-Approval Project Name: Jason Camp Bank Stabilization DWQ Project# 13-0167 McDowell County Catawba/Lake James/ 11-8 /C Dear Mr. Camp: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 0 .0 1 acres of open waters for the purpose of bank stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to)Erosion and Sediment Control,Buffer and Flood Plain regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters 135 (linear feet) Item 7 and 8A 0.01 (acres) Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-450M FAX:828-299-7043 Internet:www.ncwaterquality.org Ndil Carolina; An Equal O000rtunity\Affirmative Action Fmnlnver � Jason Camp March 21,2013 Page 2 of 2 Additional Conditions 1. Riprap Installation _ All banks shall be laid back at a 2:1 (length : height) slope and riprap applied at the water/land interface (at full pool). Riprap shall be placed as a linear protective measure upon the regraded slopes. Stone used in stabilization shall be at least Class B riprap in size with at least 2 boulders per 100 linear feet of up to 6 feet in diameter to provide additional wildlife habitat. The rip-rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. All exposed soils, above the Riprap stabilized area,to a distance of 30 feet from the top of bank shall be replanted in accordance with the attached Guidelines for Riparian Buffer Restoration. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Tim Fog in the Asheville Regional Office at(828), \' 296-4664. Sincerely, for Charles akild,P.E.,Director CW/trf Enc: GC3898 Certificate of Completion Guidelines for Riparian Buffer Restoration cc: USACE Asheville Regulatory Field Office WBSCP Unit—Central Office Wade Harmon—Duke Energy Lake Services Carissa Parker—Bennick Enterprises,LLC File.Copy S:\SWP\McDowell\40ls\Non-DOT\Jason Camp\APRVL.401 Jason Camp.3.21.13.dc LT A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E.Skvarla, III Governor Director Secretary March 21, 2013 R. L. Bush 2065 Cedar Rock Estates Dr Lenoir, NC 28645 SUBJECT: Compliance Sampling Inspection Cedar Rock Country Club Permit No: NCO043231 Caldwell County Dear Mr. Bush: A Compliance Sampling Inspection was conducted on March 7, 2013 at the subject wastewater facility. Present during the inspection were John Gragg and Terry Younce with. Water Tech Labs, Inc. The facility was found to be in compliance with permit NC0043231. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff has any questions, please call me at 828-296-4500. Sincerely, Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enclosure cc: ORC-WaterTech (e-copy) Central Files Asheville Files S:\SWP\Caldwell\Wastewater\Minors\Cedar Rock County club 43231\CSI.43231.03-07-2013.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 Noi;diCaroliina Phone:(828)296-4500\FAX:828 299-7043 Naturally www.ncwaterguality.org United States Environmental Protection Agency Form Approved. EPA /� Washington,D.C.20460 OMB No.2040-0057 G !1 Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15 I 31 NCO043231 Ill 12I 13/03/07 117 18121 191 S I 20I I Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 81 QA ------------—-------------Reserved---------------------- 67I 169 70131 71 I I 721 N I 73I '74 751 I I I I I Li 80 Section B: Facility Data W 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) Cedar Rock Country Club 01:00 PM 13/03/07 10/03/01 450 Cedar Rock Estates Dr Exit Time/Date Permit Expiration Date Lenoir NC 28645 01:50 PM 13/03/07 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 R L Bush,2065 Cedar Rock Estates Dr Lenoir NC 28645//828-758-4451/8287580439 Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement ■Operations&Maintenance 0 Sludge Handling Disposal 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 /i ARO WQ//828-296-4500 Ext.4653/ ram 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 I N C0043231 111 12 I 13/03/07 117 is IS1 Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) This facility consists of two small package systems operating in series. The facility serves the clubhouse, so the majority of flows occur when there is an event at the clubhouse. Sludge is removed —1/yr when needed. Samples of the effluent were obtained, the results are as follows. pH 6.7 su BOD 4.9 mg/I Fecal Coliform 1/100ml TSS 6.2 mg/I Page# 2 Permit: NCO043231 Owner-Facility: Cedar Rock Country Club Inspection Date: 03/07/2013 Inspection Type: Compliance Sampling Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 01100 Does the facility analyze process control parameters,for ex:MLSS, MCRT,Settleable Solids, pH,DO,Sludge Q ■ n n 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? 0 n ■ Q Is the facility as described in the permit? ❑ m ❑ o #Are there any special conditions for the permit? 11 11 E 0 Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? ■ 0 ❑ 0 Comment: There is no flow or chlorine tablet equipment. Flow is instantaneous recordings. Chlorination is achieved by use of chlorine tablets in the clarifier effluent weir trough. The facility is not fenced but is located in a private community. Grease Removal Yes No NA NE #Is automatic grease removal present? ❑ o m Is grease removal operating properly? m ❑ (-I f1 Comment: WW facility representative stated grease removal is at the clubhouse and is pumped —twice a year. Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical n Are the bars adequately screening debris? (] Q (-I Is the screen free of excessive debris? 0 0 D Is disposal of screening in compliance? 1=1 11 Is the unit in good condition? ❑ ❑ n Comment: There isn't much of a bar screen but ORC does not have issues with debris. The flows are mainly from the kitchen during events at the clubhouse. FF Aeration Basins Yes No NA NE Mode of operation Ext.Air Page# 3 Permit: NCO043231 Owner-Facility: Cedar Rock Country Club Inspection Date: 03/07/2013 Inspection Type: Compliance Sampling Aeration Basins Yes No NA NE Type of aeration system Diffused Is the basin free of dead spots? ■ n 1=l In Are surface aerators and mixers operational? fl 0 ■ Are the diffusers operational? ■ ❑ Q Is the foam the proper color for the treatment process? ■ n 0 Cl Does the foam cover less than 25%of the basin's surface? ■ fl Is the DO level acceptable? ■ (_l 0 Is the DO level acceptable?(1.0 to 3.0 mg/1) n ■ n n Comment: DO Basin#1 was 5.0 mg/I DO Basin #2 was 12.5 mg/I Basins are in a series. Basin#2 has very little solids. These DO readings are high.Aerator timers can be adjusted, especially in the second basin,to reduce oxygen levels and potentially save electricity costs. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ 0 0 Cl Is the site free of excessive buildup of solids in center well of circular clarifier? 0 ❑ ■ fl Are weirs level? 0 ■ 0 Is the site free of weir blockage? ■ Cl 0 Cl Is the site free of evidence of short-circuiting? ■ n Is scum removal adequate? ■ ❑ El Is the site free of excessive floating sludge? ■ Is the drive unit operational? ❑ fl ■ C] Is the return rate acceptable(low turbulence)? ❑ ❑ ■ n Is the overflow clear of excessive solids/pin floc? ■ Cl ❑ 0 Is the sludge blanket level acceptable?(Approximately'/<of the sidewall depth) ❑ 0 fl ■ Comment: The second unit acts as a clarifier. The weirs appeared somewhat unlevel. There was some algae and pine needles noted at time of inspection. However, neither was a concern at time of inspection. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? n ■ Q Q Are the tablets the proper size and type? ■ ❑ 0 f_I Page# 4 Permit: NC0043231 Owner-Facility: Cedar Rock Country Club Inspection Date: 03/07/2013 Inspection Type: Compliance Sampling Disinfection-Tablet Yes No NA NE Number of tubes in use? Is the level of chlorine residual acceptable? n n n ■ Is the contact chamber free of growth,or sludge buildup? ■ n n Cl Is there chlorine residual prior to de-chlorination? D n n ■ Comment: There is no tablet chlorinator. Chlorine tablets are put in clarifier effluent weir trough. De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ n Is storage appropriate for cylinders? n n ■ n #Is de-chlorination substance stored away from chlorine containers? n n ■ Comment: Are the tablets the proper size and type? ■ n n n Are tablet de-chlorinators operational? ■ n n n Number of tubes in use? 2 Comment: Page# 5 A14 ..'r"rr A MCDENR North Carolina Department of Division of WatertQ aY lit a' e leis Pat McCrory Charles Wakild, P.E. t V'V Governor Director March 21, 2013 � RiverLink Attn: Karen Cragnolin P.O. Box 15488 Asheville,NC 28813-0488 Subject: 401 Water Quality Certification-Approval Project Name: Ross Creek Watershed DWQ Project# 13-0125 Buncombe County French Broad/UT to Ross Creek/6-78-23 /B U VA au' Dear Ms. Cragnolin: tt 0 �dc 1 � The Division of Water Quality has completed the review of your 401 Wat .D �AS to associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 0.022 a stream for the purpose of water quality improvements and stream enhance: approval requires you to follow the conditions listed in the attached C, conditions listed below. Project impacts are covered by General Water Quality Certification Number 3890 and 3885. This Certification allows you to use Nationwide Permit 18 &27 when issued by the US Army Corps of Engineers (USAGE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to)Erosion and Sediment Control, Buffer and Floodplain regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-450M FAX:828-299-7043 One 1' Internet:www.ncwaterquality.org NorthCarolina An Fnnal(lnnnrtunih,l Affirm�4ivo Antinn Fmnlm.or � ���i�fF.�� RiverLink March 21,2013 Page 2 of 2 Amount Approved(Units) Plan Location or Reference Stream 177 (total feet) Sl,S2,S3,S4 31 ft.(NW18) 146 ft. (NW27) Wetland 0.022 (acres) WI Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Tim Fog in the Asheville Regional Office at(828) 296-4664. Sincerely, for Charles Wakild,P.E.,Director CW/trf Enc: GC 3890 & 3885 Certificate of Completion cc: USACE Asheville Regulatory Field Office WBSCP Unit—Central Office Karen Cragnolin—Executive Director,Riverlink Jake McLean P.E. —Michael Baker Engineering, Inc. McCray Coates—City of Asheville Storm Water Services John and Patricia Umhau—Property Owners File Copy S:\SWP\Buncombe\401s\Non-DOT\Ross Creek Watershed\APRVL.401 Ross Creek Watershed.3.21.13.doc Tie CDGN North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, RE, John E. Skvarla, III Governor Director Secretary March 21,2013 CERTIFIED MAIL 7010 1870 0003 0875 2674 RETURN RECEIPT REQUESTED Mel S. Cohen City of Morganton PO Box 3448 Morganton NC 28655 Subject: NOTICE OF VIOLATION NOV-2013-DV-0076 Permit No. WQCS00028 City of Morganton Morganton Collection System Burke County i Dear Mr. Cohen: A review has been conducted of Morganton Collection System's self-reported Sanitary Sewer Overflows (SSO's) 5-Day Report submitted by City of Morganton. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00028 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type CSO/SSO 2/26/2013 Sanitary Sewer Overflow Discharge (Fleming Dr. and Cox St.) (1,500 gallons to Hunting Without Valid Crk) Permit You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations and respond in writing to this office within 15 days of receipt of this letter. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-45001 FAX:828-299-7043 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Page Two March 21,2013 City of Morganton If you should have any questions,please do not hesitate to contact Linda Wiggs at 828-296- 4500. Sincerely, ' s r Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office Cc: Central Files PERCS ARO File S:\SWP\Burke\Collection SystemsWorganton Collection System\NOV-2013-DV-0076.SSO.Feb2013.doe 4' �ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary March 21, 2013 CERTIFIED MAIL 7010 1870 0003 0875 2681 RETURN RECEIPT REQUESTED Mel S. Cohen City of Morganton PO Box 3448 Morganton NC 28655 Subject: NOTICE OF VIOLATION NOV-2013-DV-0078 Permit No. WQCS00028 City of Morganton Morganton Collection System Burke County Dear Mr. Cohen: A review has been conducted of Morganton Collection System's self-reported Sanitary Sewer Overflows (SSO's) 5-Day Report submitted by City of Morganton. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00028 and/or G.S. 143-215.1(a) (1). The violation that occurred is summarized below Area Violation Date Description Violation Type CSO/SSO 02/26/2013 Sanitary Sewer Overflow Discharge (Vine Arden Junction Box) (12,000 Gallons to Hunting Without Valid Crk) Permit You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations and respond in writing to this office within 15 days of receipt of this letter. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-450M FAX:828-299-7043 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Page Two City of Morganton March 21,2013 If you should have any questions,please do not hesitate to contact Linda Wiggs at 828-296- 4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office Cc: Central Files ARO Files PERC Unit S:\SWP\Burke\Collection SystemsNorganton Collection System\NOV-2013-DV-0078.SSO.Feb26-2013.doc l�/1 VJ r. :tenn. �CDE R North Carolina Department of Environment and Natural Resources Division.of Water Quality- Pat McCrory Charles Wakild,P.E. John E. Skvarla,III Governor Director Secretary March 22,2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2766 Mr. R. Belvin Hall, Assistant Director, Maintenance Buncombe County Schools 175 Bingham Road Asheville,North Carolina 28806 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2013-LV-0175 f Fairview Elementary School WWTP - NPDES Permit No.NCO066788 Buncombe County Dear Mr. Hall: A review of the December 2012 self-monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 12/04/2012 001 Fecal coliform 613 #/ 100 ml 400#/ 100 ml 12/18/2012 001 Fecal coliform 1730 #/ 100 ml 400#/ 100 ml A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0066788. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the December 2012 Discharge Monitoring Report. You will then be notified 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. SLRFACE WATER PROTECTION SECTION—ASHEV ILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 Fan:828-299-7043 NorthCarOlina Internet:http://Dortal.nedenr.ora/web/wa An Equal Opportumty\Affirmative Action Employer—50%Recycled%10%Post Cowgunier paper ti I Mr. R. Belvin Hall March 22, 2013 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems,and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch S':SWP":.Btinconibe.. astewater''vtinor,,Fairciew Liernentary 66788,NOv-NRI:-2013-LV-017i.doc i7 -RfT/� R C-6 f N_R North Carolina Department of Environment and Natural Resources Division of Water Quality at McCrory Charles Wakild, P.E. John E.Skvarla, III Governor Director Secretary March 22, 2013 Michael C Hood 253 McCrary Place Lenoir, North Carolina 28645 Joe Mitchell 509 Edgewood Drive Lenoir, North Carolina 28645 SUBJECT: Mitchell Hollow Lane Site# W7001133 UT to Greasy Creek PIN#s 2840006834 &2840003535 Caldwell County Dear Mr. Hood & Mitchell: On March 20th Division of Water Quality staff inspected an UT to Greasy Creek and the adjacent upland bank at the properties referenced above. Staff observed land disturbing activities, debris near the creek and some historic fill in the referenced water body. This inspection was conducted in response to a complaint from the Caldwell County Emergency Management Department. Please be aware that any land disturbing activates or dumping of debris in or near the creek that violate North Carolina Water Quality Standards are subject to notice of violations and civil penalties. The use of appropriate best management practices (BMPs) and proper disposal of potentially hazardous materials will minimize your risk of violating Water Quality Standards. Violations are subject to civil penalty assessments of up to $25,000.00 per day for each violation. Placing fill below the ordinary high water mark is a regulated activity; you must procure the proper permit/s prior to placing any fill in waters of the United States. Tasha McCormick is the US Army Corps of Engineers (USACE) contact for Caldwell County. If you plan to emplace any fill below the ordinary high water mark you will need to contact Ms. McCormick at 828-271-7980 to apply for the proper permit/s. Please contact me at (828) 296-4660 or Jonathan.Stepp@ncdenr.gov, if I can be of any further assistance. Sincerely, o.� Jonathan Stepp Environmental Specialist Surface Water Protection cc: Asheville File S:\SWP\Caldwell\Complaints\Mitchell Hallow Lane\Mitchell Hallow Lane.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 one Phone:828-296-450M FAX:828-299-7043 Internet:www.ncwaterquality.org NotthG' -'h'na An Equal Opportunity!Affirmative Action Employer �� ��1 �, __, ,v NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E. Skvarla III Governor Director Secretary March 25,2013 Dan Harbaugh,Executive Director Tuckaseigee Water and Sewer Authority 1246 West Main Street Sylva, NC 28779 Subject: Permit No.WQ0036416 Tuckaseigee Water and Sewer Authority Proposed Dillsboro Sewage Pump Station #3 Improvements Wastewater Collection System Extension Jackson County Dear Mr. Harbaugh: In accordance with your application received March 6, 2013,we are forwarding herewith Permit No.WQ0036416,dated March 25,2013,to Tuckaseigee Water and Sewer Authority for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded,and shall be subject to the conditions and limitations as specified therein.This cover letter and supplement shall be considered a part of this permit and are therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: 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 Tuckaseigee Water and Sewer Authority 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. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE 2090 U.S.Highway 70,Swannanoa,NC 28778 ne Phone:(828)296-4500 FAX:828 299-7043 �oaCaroli/na Internet:wmnmaterauality.om �atlfPR��lf An Equal Opportunity 1 Affirmative Acton Employer 4'\CIAIP1.Imr4ennV nllcrfinn(2—fnm MAIACA-8 4 Tuckaseigee Water and Sewer Authority WQ0036416 Modification If you need additional information concerning this matter, please contact Jeff Menzel at 828-296-4500 or via e-mail at jeff.menzel@ncdenr.gov Sincerely, for Charles Wakild, P.E., Director Division of Water Quality cc: Victor Lofquist, PE Jackson County Health Department Asheville Regional Office,Surface Water Protection Section Water Quality Central Files PERCS(electronic copy) .�rn.�►�.�.rrrrrr NCDG STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 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 Tuckaseigee Water and Sewer Authority Jackson County for the construction and operation of a 306-gallon per minute pump station with duplex pumps,on-site audible and visual high water alarms,telemetry,and a permanent generator with automatic transfer switch; as well as approximately 11,880 linear feet of 6 and 10-inch force main to serve as part of the Proposed Dillsboro Sewage Pump Station #3 Improvements project,and the discharge of 0 gallons per day of collected domestic and commercial wastewater into the TWSA existing sewerage system, pursuant to the application received March 6,2013 and in conformity with 15A NCAC 2T;the Division's Gravity Sewer Minimum Design Criteria adopted February 12,1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1 2000 as applicable;and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. Flow has already been allocated in Permit No.WQ0012078 issued 3/25/1996. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. Permit issued this the 25th day of March, 2013 for Charles W&O, P.E., Director - Division of Water Quality By Authority of The Environmental Management Commission Permit Number:WQ0036416 SUPPLEMENT TO PERMIT COVER SHEET Tuckaseigee Water and Selmer 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 Wastewater `— Treatment Facility( NC0039578) prior to being discharged into the receiving stream. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by 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. 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 or may not be approved. 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 of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 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 as provided in 15A NCAC 2T.0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters,and 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. FAST TRACK ENGINEERING CERTIFICATION Permittee:Tuckaseigee Water and Sewer Permit No.W00036416 Project: Proposed Dlllsboro Sewage Pump Station #3 Improvements Issue Date: 25-03-2013 E Complete and submit this form to the permit issuing regional office with the following: • One copy of the project record drawings (plan &profile views and detail drawings of sewer lines)of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk)in pdf format. Record drawings should indicate the design and thernarked up changes during construction. • Supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s)or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any chances resulting in non-compliance with this permit regulations or minimum design criteria. Modifications should be submitted prior to certification This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's Certification and all required supporting documentation. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division PERMITTEE'S CERTIFICATION 1, 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 ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe(❑ periodically, ❑ weekly, ❑ full time) the construction of the subject project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's Seal,signature,and date: :........................................................................................ SEND THIS FORM&SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HWY 70 SWANNANOA, NC 28778 Tie r-erminee is resparysiurff-Tor tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. DWQ Use Only: Flow From this project is tributary to: WNW North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, RE. John E. Skvarla, III Governor Director Secretary March 25,2013 Dr. Andy Price, LFMC POA President Linville Falls Club Property Association Inc. 326 Blue Ridge Drive North Linville Falls, North Carolina 28647 Subject: NOTICE OF VIOLATION NOV-2013-LM-0032 Permit No. NCO080098 Linville Falls Mountain Club and Preserve WWTP McDowell County Dear Dr. Price: A review of Linville Falls Mountain Club and Preserve's WWTP monitoring report for November 2012 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Solids, Total Suspended- 11/07/2012 7.5 mg/1 7.6 mg/I Daily Maximum Concentration Exceeded Solids, Total Suspended- 11/20/2012 7.5 mg/I 7.8 mg/I Daily Maximum Concentration Exceeded Parameter Date Measuring Violation Frequency DO, Oxygen, Dissolved 11/03/2012 Weekly Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked"Compliant"when in fact it should have been marked"Non-Compliant"with an explanation for the non-compliance. If the above parameter for Dissolved Oxygen was left off inadvertently,please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions,please do not hesitate to contact Janet Cantwell or me at 828/2964500 Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James &James Environmental/ORC S:\SWP\McDowell\Wastewater\Minors\Blue Ridge Country Club 80098\NOV-2013-LM-0032.doc NoithCarolina N61td1P61��1,� North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwatercivality.orgy, FAX (828)299-7043 \� �� i �..` �; A IVCKYXF INCDEINR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E. Skvarla III Governor Director Secretary March 25, 2013 David Gates, President Ashley Construction, Inc. P.O. Box 459 Dillsboro, NC 28725 Subject: Permit No.WQ0036411 Ashley Construction, Inc. Harris Circle Wastewater Collection System Extension Jackson County Dear Mr. Gates: In accordance with your application received March 4, 2013,we are forwarding herewith Permit No. WQ0036411,dated March 25,2013,to Ashley Construction, Inc.for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein.This cover letter and supplement shall be considered a part of this permit and are therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: 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 Ashley Construction, Inc.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. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE 2090 U.S.Highway 70,Swannanoa, NC 28778,, One Phone:(828)296-4500 FAX:828 299-7043 NorthCarolina Internet:www.ncwaterauality.org An Equal Opportunity 1 Affirmative Action Employer Ashley Construction, Inc.WQ0036411 If you need additional information concerning this matter, please contact Jeff Menzel at 828-296-4500 or via e-mail at jeff.menzel@ncdenr.gov Sincerely, for Charles Wakild, P.E., Director Division of Water Quality Enclosure: Operational Agreement cc: Wanda H.Austin, PE Jackson County Building Inspections Asheville Regional Office, Surface Water Protection Section Tuckaseigee Water&Sewer Authority WWTP NCO039578 Water Quality Central Files PERCS(electronic copy) S:\SWP\Jackson\Collection Systems\TWASA# 1 Collection System\WQ0036411 Harris Circle.docx i XA a- sirrrrrrirr► NCDENR STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 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 Ashley Construction, Inc. Jackson County for the construction and operation of approximately 425 linear feet of 6-inch gravity sewer to serve 3- three-bedroom homes as part of the Harris Circle project, and the discharge of 1080 gallons per day of collected domestic wastewater into the TWSA existing sewerage system, pursuant to the application received March 4, 2013 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. ,1 This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. Permit issued this the 25 day of March,201 for Charles Wa ild, P.E., Director, Division of Water Quality By Authority of The Environmental Management Commission Permit Number:WQ0036411 Ashley Construction, Ins. 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 Tuckaseigee Water&Sewer Authority Wastewater Treatment Facility( NC0039578) prior to being discharged into the receiving stream. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by 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 Ashley Construction, Inc. and TWSA for the collection and final treatment of wastewater is in full force and effect. 2. No flow in excess of the quantity permitted herein, 1080 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 of Environmental Management. 3. The Operational Agreement between the Permittee and the Environmental Management Commission is -\ incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of j the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. 4. By copy of this permit,the Jackson County Building Inspections Department is hereby notified that building or occupancy permits shall only be issued for the (number of residences — only refer to # of bedrooms if an approved flow reduction is used)as part of the PROJECT NAME project until a modified permit is issued by the Division indicating additional connections. 5. 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. 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. 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 of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 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 as provided in 15A NCAC 2T.0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters,and 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. i 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 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. 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. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number828-296-4500, as soon as possible, but in no case more than 24 hours or on the next working day,following the occurrence or first knowledge of the occurrence of either of the following: 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. 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. 7. Per 15A NCAC 2T.0116, 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 pump station design calculations (selected pumps, system curve, operating point, buoyancy calculations, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project. 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. 8. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 9. 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. 10. 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. 11. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations,or ordinances that may be imposed by other government agencies(local,state and federal)which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B,0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 26.0200 and 15A NCAC 2H.0500. �_ �., J __--.... FAST TRACK ENGINEERING CERTIFICATION Permittee: Ashley Construction,Inc. Permit No.WQ0036411 Project: Harris Circle Issue Date: 25/03/2013 Complete and submit this form to the permit issuing regional office with the following: One copy of the project record drawings (plan &profile views and detail drawings of sewer lines)of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk)in pdf format. Record drawings should indicate the design and the marked up changes during construction. • Supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s)or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. Modifications should be submitted prior to certification This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's Certification and all required supporting documentation. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. 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 ❑ Partial ❑ Final 1, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑weekly, ❑full time) the construction of the subject project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's Seal,signature,and date: ........................................................................................ SEND THIS FORM&SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 U.S.Highway 70 Swannanoa, NC 28778 ........................................................................................ The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. DWQ Use Only: Flow from this project is tributary to: jF NORTH CAROLINA ATY OF JACKSON Permit No.ft. 4 1p / DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl)and entered into this 24th day of September 2012 by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina,hereinafter known as the COMMISSION; a 11 corporation/general partnership registered/licensed to do business in th State o ort o erei after known as the DEVELOPER. WITNESSETH: MAR ® � 201 1. The DEVELOPER is the owner of the certain lands lying in Jack CP � @� dih cting and will erect dwelling units and other improvements, said developm ns O"'a�office as Castle Rock Mobile Home Park(hereinafter the Development). 2. The DEVELOPER desires,to construct a wastewater collection system with pumps, wastewater treatment works,'and/or disposal facilities (hereinafter Disposal System)to provide sanitary sewage disposal to serve the Development on said lands. 3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct,maintain, and operate the Disposal System. 4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration),pursuant to Chapter 47C or 47F of the North Carolina General Statutes. 5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the Declaration, the Harris Circle (hereinafter Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina,for the purpose, among others, of handling the property, affairs and business of the Development; of operating,maintaining,re-constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re-construction and repair. 6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration-of the promises and the benefits to be derived by each of the parties hereto,the COMMISSION and DEVELOPER do hereby mutually agree as follows: 1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans,and the staff of the Division of Water Quality has inspected and approved of the facilities. In order to change the name of the permit holder,the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration. r 3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's successor. 4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal Systc, appurtenances thereto are part of the common elements and shall thereafter be properly maintained an. operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. 5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair,maintain or construct the Disposal System,beyond the routine operation and maintenance expenses,the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part of the yearly budget. 6. In the event the common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county,water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development,the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system,and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. 8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System,the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 9. The agreements set forth in numbered paragraphs 1, 2, 3,4, 5, 6, 7,and 8 above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction,maintenance,repair and operation of the Disposal System. 10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF,this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE ENVIRONMENTAL MANAGEMENT C ISSION Name of O E B Charles Wak'P.E., Director -` (Signature) Division of Water Quality 1 Print Name and'Title i (Date) (Date) UnI D R 4. -A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary March 25, 2013 Mr. Roger C. Floren, II Flesher's Fairview Rest Home P.O. Box 1160 Fairview, North Carolina 28730-1160 Subject: NOTICE OF VIOLATION NOV-2013-LV-0186 Permit No. NCO034924 Flesher's Fairview Rest Home WWTP Buncombe County Dear Mr. Floren: A review of Flesher's Fairview Rest Home's WWTP monitoring report for December 2012 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 12/28/2012 400#/100ml 600#/100ml Daily Maximum Broth,44.5C Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, �:2 ?- 146 Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James &James Environmental/ORC S:\SWP\Buncombe\Wastewater\Minors\Flesher's Rest Home 34924\NOV-2013-LV-0186.doc WAhCarolina Jt�aturall� North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.newaterguality.orq FAX (828)299 7043 /�_\ /\i /.__ �� +fir ._A4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild,P.E. John E. Skvarla,III Governor Director Secretary March 25, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2773 Mr. David S. Wack,Director,Plant Services Fletcher Academy Inc. Fletcher Academy WWTP P.O. Box 5335 Fletcher,North Carolina 28732 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2013-LV-0185 Fletcher Academy WWTP NPDES Permit No.NCO036641 Henderson County Dear Mr. Wack: A review of the December 2012 self-monitoring report for the subject facility revealed a violation of the following parameter: Date Outfall Parameter Reported Value Permit Limit 12/31/2012 001 Ammonia Nitrogen 14.97 mg/1 11 mg/1 A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0036641. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the December 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACE'NATER PROTECTION SECTION—ASFIEVII LE REGIONAL OFFICE Location:2090 U.S Highway 70,Swa naioa,North Carolina 28778 one Phone:828-296-4500\Pax:828-299-7043 NorthCarolina Internet:htto://Portal.nGdenr.org/web/wg a tl>l;r+all+ Mr. David S. Wack March 25, 2013 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, oz - Chuck Cranford,Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch S':St\P`:Hendersc)n'\Wastewatei,Minor ,Fletcher Academy 36641`NO vRE-i 013-i.,4'-O(8�.doe As NCDENR North Carolina Department of Environment and Natural Resource_s Division of Water Quality Charles Wakild, P.E. Pat McCrory Director John E. Skvarla, III Governor Secretary March 25,2013 ti CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2780 Greg Crawford Highlands Country Club Post Office Box 220 Highlands,NC 28741 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Club Lake Project#2008-0164 NOV-2013-PC-0085 401 Water Quality Certification(WQC) Conditions Macon County Response deadline: April 15, 2013 Dear Mr. Crawford: On February 22,2013, Kevin Barnett from the Asheville Regional Office of the Division of Water Quality(DWQ)conducted a site inspection for Club Lake within the Highlands Country Club property in Macon County. David McHenry of the NC Wildlife Resources Commission was present. 401 WQC violations were noted during the inspection and file review. Your application, submitted January 22, 2008, included details for the installation of a cold water release structure. The approval, issued January 31, 2008, authorized this work as part of the project. The recent inspection revealed that this structure had not been installed. As a result of the site inspection and file review,the following violations were identified: VIOLATIONS I. 401 WQC Violations-The approval, issued January 31, 2013,was for the localized dredging of Club Lake, Dam repairs, and the installation of a Cold Water Release. No cold water release has been installed. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarOhna Phone:828-296-45001 FAX:828-299-7043 Internet: mart nowate rnnntity.org �?atf/�A)i An Edual ODDortllnlfV t Affirmativa Artinn Fmnlnver N �" K I L` {�/ Highlands Country Club March 25,2013 Page 2 of 2 REQUIRED RESPONSE The DWQ requests that you respond by April 15,2013. Your response should be sent to the �- attention of Kevin Barnett,Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and should address the following items: 1. 401 Water Quality Certification a. Please explain why the approved cold water release structure was not installed. b. Please provide a timeline for the installation of the approved cold water release. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters,please contact Kevin Barnett at(828)296-4657 or kevin.barnett(alncdenr.gov . Sincerely, Chuck.Cranford, Regional Supervisor Surface Water Protection Asheville Regional Office cc: Karen Higgins, WBSCP Unit ARO File Copy Laura Herbert, Division of Energy, Mineral, and Land Resources Clement Riddle, Clear Water Environmental, Inc. David Brown,US Army Corps of Engineers David McHenry,NC Wildlife Resources Commission Macon County Planning S:\S WP\Macon\401 s\Non-DOT\HighlandsCountryClub\NOV-2013-PC-0095.03-25-2013.doc J A r`JL DLR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary March 26,2013 Henderson County TIP No.R-5524C DWQ Project 20130296 NCSR 3526-NCSR 1419(Old Fanning Bridge Road) Approval of 401 Water Quality Certification with Additional Conditions Mr. J.B. Setzer,P.E. Division 14 Engineer North Carolina Department of Transportation 253 Webster Road Sylva,North Carolina,28779 Dear Mr. Setzer: You have our approval, in accordance with the conditions listed below,for the following impacts in an unnamed tributary to the French Broad River for the purpose of widening,making improvements and constructing a roundabout on NCSR -' 3526-NCSR 1419(Old Fanning Bridge Road)in Henderson County: Stream Impacts in the French Broad River Basin Site Permanent Fill Stream Permanent Temporary Total Stream in Intermittent Relocation Fill in Impacts in Stream Impacts Stream(linear (linear ft) Perennial Perennial Impact Requiring ft) Stream Stream (linear ft) Mitigation linear ft) linear ft) (linear ft) Site 1 0 0 140 250 390 0 Total 0 1 0 140 1 250 390 0 Total Permanent Stream Impacts for Project: 140 lin.ft.Total Temporary Stream Impacts for Project:250 linear ft. The project should be constructed in accordance with your application dated March 22, 2013 (received March 22, 2013), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3886, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NofthCarohna Phone: 6 45001 FAX:828-299-7043 Internet:: www.ncwaterquality.org L An Equal Opportunity 1 Affirmative Action Employer Mr.J.B. Setzer,P.E. March 26,2013 Page Two This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h)(6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, an maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 5. If multiple pipes or barrels are required,they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 1v1r.J.B. Setzer,P.E. March 26,2013 Page Three 6. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 7. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 8. The dimension, pattern and profile of the stream, above and below the crossing,shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 9. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 10. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 11. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 12. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 13. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants,hydraulic fluids, or other toxic materials. - 14. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 15.Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 16. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 17. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 18. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 19. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 20. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers 21. The outside buffer,wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 22. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards(including any requirements resulting from compliance with §303(d)of the Clean Water Act)and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated,or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 23. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements,etc. Mr.J.B. Setzer,P.E. March 26,2013 Page Four 24. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 25. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, for Charles Wakild,P.E.,Director Division of Water Quality Attachments cc: Lori Beckwith,USACE,Asheville Field Office Mark Davis,Division 14,DEO Ben DeWit,Roadside Environmental Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 130296(Setzer)NCSR 3526-NCSR 1419(Old Fanning Bridge Road) TIP NO.R-5524C iN DEWR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E. Skvarla III Governor Director Secretary March 26, 2013 Mr. Lee Smith, Utilities Director City of Hendersonville 305 Williams Street,Suite 119 Hendersonville, NC 28792 Subject: Permit No.WQ0036415 City of Hendersonville Ballantyne Commons Phase 2 Wastewater Collection System Extension Henderson County Dear Mr.Smith: In accordance with your application received March 5,2013,we are forwarding herewith Permit No.WQ0036415, dated March 26,2013,to the City of Hendersonville for the construction and operation of the subject wastewater -- collection system extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein.This cover letter and supplement shall be considered a part of this permit and are therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: 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 City of Hendersonville 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. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE 2090 U.S. Highway 70,Swannanoa, NC 28778 OnrthCarolina Phone:(828)296-4500 FAX:828 299-7043 /i Internet:wwwmwaterauality.orii )W&MaA�k An Equal Opportunity 1 Affirmative Action Employer City of Hendersonville Ballantyne Commons Phase 2 WQ0036415 If you need additional information concerning this matter, please contact Wanda Frazier at(828)296-4662 or via e-mail at Wanda.Frazier@ncdenr.gov. Sincerely, k1pi f or Charles Wakild, P.E., Director Division of Water Quality cc: G.Thomas Jones III, P.E.,William Lapsley&Associates, P.A.—Project Engineer Henderson County Health Department City of Hendersonville, Building Inspections Department Asheville Regional Office,Surface Water Protection Section Water Quality Central Files PERCS(electronic copy) S:\SWP\Henderson\Collection Systems\Hendersonvilie WQCS00070\WQ0036415 Hendersonville Ballantyne Commons Phase 2 3-26-13.doc City of Hendersonville Ballantyne Commons Phase 2 WQ0036415 AT RR STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 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 City of Hendersonville Henderson County for the construction and operation of approximately 680 linear feet of 8-inch gravity sewer to serve: 72 two-bedroom apartments, 48 one-bedroom apartments, 40 three-bedroom apartments as part of the Ballantyne Commons Phase 2 project, and the discharge of 43,200 gallons per day of collected domestic wastewater into the City of Hendersonville's existing sewerage system, pursuant to the application received March 5, 2013 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. Permit issued the 26 March 2013. d� for Charles Wakild, P.E., Director Division of Water Quality By Authority of The Environmental Management Commission Permit Number: WQ0036415 SUPPLEMENT TO PERMIT COVER SHEET City of Hendersonville 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 City of Hendersonville's Wastewater Treatment Facility(NPDES Permit No. NC0025534) prior to being discharged into the receiving stream. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by 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. If, at any time, the additional wastewater flow volume made tributary to this sewer extension is believed to exceed the value permitted herein, a modification.shall be requested for this permit from the Division of Water Quality to properly allocate the subject wastewater flow. 2. No flow in excess of the quantity permitted herein,43,200 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 of Environmental Management. 3. By copy of this permit, the City of Hendersonville Building Inspections Department is hereby notified that building or occupancy permits shall only be issued for the(number of residences—only refer to#of bedrooms if an approved flow reduction is used) as part of the Ballantyne Commons Phase 2 project, until a modified permit is issued by the Division indicating additional connections. 4. 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. 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. 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 of Water Quality's(Division)Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 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 as provided in 15A NCAC 2T.0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters,and 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. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number 828-296-4500,as soon as possible, but in no case more than 24 hours or on the next working day,following the occurrence or first knowledge of the occurrence of either of the following: 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. 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. 7. Per 15A NCAC 2T.0116, 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 pump station design calculations (selected pumps, system curve, operating point, buoyancy calculations, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project. 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. 8. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 9. 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. 10. 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. 11. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B.0200 and 15A NCAC 2H .0500. L. __. FAST TRACK ENGINEERING CERTIFICATION Permittee: City of Hendersonville Permit No.WQ0036415 - Project: Ballantyne Commons Phase 2 Issue Date: 3-26-13 Complete and submit this form to the permit issuing regional office with the following: • One copy of the project record drawings(plan&profile views and detail drawings of sewer lines)of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) in pdf format. Record drawings should indicate the design and the marked up changes during construction. • Supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria Modifications should be submitted prior to certification. This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's Certification and all required supporting documentation. Therefore,it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. 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 ❑Partial ❑Final l 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 subject project for the Permittee hereby state that,to the best of my abilities,due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Quality's (Division)Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1,2000 as applicable;and other supporting materials. North Carolina Professional Engineer's Seal,signature,and date: """"""""" SEND THIS FORM&SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS: CHUCK CRANFORD SURFACE WATER PROTECTION SECTION,SUPERVISOR ASHEVILLE REGIONAL OFFICE. 2090 US HWY 70 SWANNANOA,NC 28778 L......................................................................................i The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. DWQ Use Only: Flow from this project is tributary to: City of Hendersonville WWTP NCO025534 /,,_.\ ?% i .0 7jfL WNW North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild,P.E. John E.Skvarla, III Governor Director Secretary March 26, 2013 Mr. Eric Stoneman Champion Hills Property Owners Association Inc. 1 Hagen Drive Hendersonville, NC 28739-8964 SUBJECT: Compliance Evaluation Inspection Champion Hills POA Inc. WWTP Permit No: NCO087106 Henderson County Dear Mr. Stoneman: Enclosed please find a copy of the Compliance Evaluation Inspection report from the inspection conducted on March 15, 2013. The facility was found to be in compliance with permit - NC0087106. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4500 extension4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: James & James Env. Mgmt. — electronic copy Central Files Asheville Files S:\SWP\Henderson\Wastewater\Minors\Champion Hills 87106\CEI.3-15-13.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NOn1C�lCarOhria Phone:(828)296-45001FAX:828 299-7043 Internet:www.ncwatercivality.orcl Naturally �� �_ i United States Environmental Protection Agency EPA Washington,D.C.20460 Form Approved. /'1 OMB No.2040-0057 Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day inspection Type Inspector Fac Type 1 I N I 2 15 I 3( NC0087106 111 12I 13/03/15 117 181 C I 19I S I 20I I 21 Remarks 1 1 1 1 1 I I I I I I I I I lij 1 1 1 1 1 1 1 1 1 1 1 1 1 1 16 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA -------------------------Reserved--------------------- 67I 1.0 169 70I 3I 71 I I 72I N I 73LJJ74 751 ( I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Champion Hills WWTP 01:35 PM 13/03/15 10/12/01 Champion Hills WWTP Exit Time/Date Permit Expiration Date Hendersonville NC 28739 02:05 PM 13/03/15 15/11/30 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Danielle Ann Hunter/ORC/828-697-0063/ Eric Stoneman/&Director Facility Grounds Maintenance/828-697-2651 ext 1412/8286962097 Name,Address of Responsible Official/Title/Phone and Fax Number Eric Stoneman,1 Hagen Dr Laurel Park NC 287398964/Director Grounds&Facility Contacted Maintenance/828-697-2651/8286962097 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit .Operations&Maintenance N Records/Reports .Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ t 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 NCO087106 I11 12I 13/03/15 17 18 I C) Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: WASTEWATER TREATMENT PLANT (WWTP) is a 0.07 MGD extended aeration WWTP consisting of: influent lift station; flow equalization basin; manual bar screen; dual 35,000 gallon aeration basins and dual blowers providing diffused air; dual hoppered, rectangular clarifiers with skimmers and sludge returns; multi-media tertiary filters; 11,800 gallon surge tank(for back-washing filters)and clearwell; 5470 gallon and 9400 gallon aerobic digestors; tablet chlorinator; chlorine contact chamber; tablet dechlorinator; flow proportional ISCO composite refrigerated sampler; ISCO 3012 ultrasonic flowmeter; 700,000 gallon polyethylene-lined effluent holding pond (for spray irrigation); effluent lift station; and 100 KW natural gas emergency generator. PERMIT/ INSPECTION /LOG: A review of the files indicates that the last compliance evaluation inspection was r conducted on 4-15-2010 by Wanda Frazier. The permit expires on November 30, 2015. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The daily operator log was present on-site and had good notation of daily events, process control and field testing data. TREATMENT UNITS/ PROCESS CONTROL TESTING DATA: The activated sludge aeration basin process control data was as follows: Basin # 1 (right) Dissolved Oxygen = 4.1 mg/I Basin #2 (left) Dissolved Oxygen = 3.8 mg/I FLOW MEASUREMENT: The effluent ISCO 3012 ultrasonic flow meter was last calibrated on B-12-12. Page# 2 Permit: NCO087106 Owner-Facility: Champion Hills WWTP Inspection Date: 03/15/2013 Inspection Type: Compliance Evaluation j' OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY: Ms. Juanita James, the ORC contractor, assisted in the inspection and appears to be operating and maintaining the facility very well. The effluent was clear and appeared to be in compliance with permit limits. SYSTEM PERFORMANCE ANNUAL REPORT(SPAR): The 2011 System Performance Annual Report was received by the Division on 2-2-2012. Due to recent changes in the regulations, this facility will no longer be required to submit a SPAR. Page# 3 Permit: NCO087106 Owner-Facility: Champion Hills WWTP Inspection Date: 03/15/2013 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n Is the facility as described in the permit? ■ n n n #Are there any special conditions for the permit? n ■ ❑ n Is access to the plant site restricted to the general public? ■ ❑ n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical n Are the bars adequately screening debris? ■ n n n Is the screen free of excessive debris? ■ n n n Is disposal of screening in compliance? ■ ❑ n n Is the unit in good condition? ■ n n n Comment: Equalization Basins Yes No NA NE Is the basin aerated? ■ n n n Is the basin free of bypass lines or structures to the natural environment? ■ n ❑ n Is the basin free of excessive grease? ■ n n n Are all pumps present? ■ n In n Are all pumps operable? ■ n n n Are float controls operable? ■ n n n Are audible and visual alarms operable? ■ n n n #Is basin size/volume adequate? ■ n n n Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ ❑ ❑ n Are surface aerators and mixers operational? n n ■ n Page# 4 Permit: NCO087106 Owner-Facility: Champion Hills WWTP Inspection Date: 03/15/2013 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Are the diffusers operational? ■ n 0 n Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25%of the basin's surface? ■ n n 0 Is the DO level acceptable? ■ n n n Is the DO level acceptable?(1.0 to 3.0 mg/1) n n ■ n Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? n ❑ ■ Are weirs level? ■ nnn Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ nnn Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? n n ■ o Is the return rate acceptable(low turbulence)? ■ ❑ n n Is the overflow clear of excessive solids/pin floc? ■ n ❑ 0 Is the sludge blanket level acceptable?(Approximately'/of the sidewall depth) ■ 0 n (_I Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n Are the tablets the proper size and type? ■ nnn Number of tubes in use? 4 Is the level of chlorine residual acceptable? ■ nnn Is the contact chamber free of growth,or sludge buildup? ■ n n D Is there chlorine residual prior to de-chlorination? ■ ❑ n Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ n Page# 5 Permit: NCO087106 Owner-Facility: Champion Hills WWTP Inspection Date: 03/15/2013 Inspection Type: Compliance Evaluation De-chlorination Yes No NA NE Is storage appropriate for cylinders? n n ■ n #Is de-chlorination substance stored away from chlorine containers? n n ■ n Comment: Are the tablets the proper size and type? ■ n n n Are tablet de-chlorinators operational? ■ ❑ ❑ n Number of tubes in use? 4 Comment: Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex:MLSS,MCRT,Settleable Solids, pH, DO,Sludge ■ fl ❑ Cj Judge,and other that are applicable? Comment: Page# 6 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E.Skvarla,III Governor Director Secretary March 26, 2013 James J. Schenker T A Operating LLC 24601 Center Rdg Rd Westlake OH 44145 5634 SUBJECT: Compliance Sampling Inspection Candler Travel Center Permit No: NCO085952 Buncombe County Dear Mr. Schenker: Enclosed please find a copy of the Compliance Sampling Inspection conducted on February 19, 2013. This sampling inspection was done to insure that Candler Travel Center had achieved successful execution of the terms of the Settlement Agreement signed 6/05/2012. All samples were found to be within the permit limits. Under the Settlement Agreement Candler Travel Center was to return to consistent compliance or enter into a Special Order by Consent no later than November 30, 2012, or within 90 days of the completion of all strategies outlined in the Plan. TA's Candler Travel Center has completed successful execution of the terms of this Agreement and there is no further action to be taken at this time. DWQ encourages TA to maintain those practices which lead the facility to achieve consistent compliance with the NPDES permit NC0085952. 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- 96-4500. Sincerely ' Jeff Menzel Environmental Specialist Enclosure cc: Juanita Reed James Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa; NC 28778 lv One llCarol/ina Phone:(828)296-4500\FAX:828 299-7043r�e0ti �/'J►V�atu�'Q�l� Internet:www.ncwateraualitv.org p S:\SWP\Buncombe\WastewaterWlinors\Candler Travel Center 85952\NC0085952 CSI 2013.docx -'" \� �I �\\ �, United States Environmental Protection Agency EPA/� Washington,D.C.20460 Form Approved. OMB No.2040-0057 Water Comolmanre insDection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15 I 31 NCO085952 111 121 13/02/19 ' 17 18I S I 19I S I 201 I Remarks 211 I I I I I t I I I I I T 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 I I i I I l l 16 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -----—--------------------Reserved---------------------- 67I 169 701 I 711 I 72I N I 73 W 74 75I I ( I I I I 180 Section B: Facility Data 1 Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Candler Travel Center 09:45 AM 13/02/19 10/12/01 153 Wiggins Rd Exit Time/Date Permit Expiration Date Candler NC 28715 11:00 AM 13/02/19 15/10/31 Name(s)of Onsite Representative(s)/Tities(s)/Phone and Fax Number(s) Other Facility Data Richard Morgan Swilling/ORC// Name,Address of Responsible Official/Title/Phone and Fax Number James J Schenker,24601 Center Rdg Rd Westlake OH 441455634//440-808-7368/ ContactedNo Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Operations&Maintenance 0 Self-Monitoring Program 0 Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of I spector(s)l,2 Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO WQ//828-296-4500/ Signature of Management Q A ewer Agency/Office/Phone and Fax Numbers D e EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 1''. 3 NCO085952 I11 ` 12I 13/02/19 117 18I S Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) This sampling inspection was done to insure that Candler Travel Center had achieved successful execution of the terms of the Settlement Agreement signed 6/05/2012. All samples were found to be within the permit limits, results are as follows; BOD < 2 mg/L Fecal Coliform = 3 per CFU/100m1 TSS = 15 mg/L Under the Settlement Agreement Candler Travel Center was to return to consistent compliance or enter into a Special Order by Consent no later than November 30, 2012, or within 90 days of the completion of all strategies outlined in the Plan. TA's Candler Travel Center has completed successful execution of the terms of this Agreement and there is no further action to be taken at this time. DWQ encourages TA to maintain those practices which lead the facility to achieve consistent compliance the NPDES permit NC0085952. Page# 2 Permit: NCO085952 Owner-Facility`: Candler Travel Center Inspection Date: 02/19/2013 Inspection Type: Compliance Sampling Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge ■ Cl n n Judge,and other that are applicable? Comment:' Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n n n Are the receiving water free of foam other than trace amounts and other debris? ■ n n n If effluent (diffuser pipes are required) are they operating properly? ■ n n n Comment: Equalization Basins Yes No NA NE Is the basin aerated? ■ n n n Is the basin free of bypass lines or structures to the natural environment? ■ n 0 n Is the basin free of excessive grease? ■ n n n Are all pumps present? ■ n n n Are all pumps operable? ■ n n Are float controls operable? ■ n ❑ n Are audible and visual alarms operable? n n ■ n #Is basin size/volume adequate? ■ n n n Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ n n Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n Are weirs level? ■ ❑ Cl Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ n ❑ n Is the site free of excessive floating sludge? ■ Cl ❑ n Is the drive unit operational? n n ■ n Is the return rate acceptable(low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ n n n Page# 3 A` Permit: NC0085952 Owner-Facility: Candler Travel Center Inspection Date: 02/19/2013 Inspection Type: Compliance Sampling Secondary Clarifier Yes No NA NE Is the sludge blanket level acceptable?(Approximately''/<of the sidewall depth) ■ n n n Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ■ ❑ n Is sample collected below all treatment units? ■ Cl ❑ ❑ Is proper volume collected? ■ n n Q Is the tubing clean? ■ n Cl n #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ In n n Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ■ ❑ n n Comment: Page# 4 Am •. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary March 26, 2013 Mr. Radford L. Thomas, Director, Public Utilities City of Lenoir P.O Box 958 Lenoir, North Carolina 28645-0958 Subject: NOTICE OF VIOLATION NOV-2013-MV-0045 Permit No. NCO044164 Lake Rhodhiss WTP Caldwell County Dear Mr. Thomas: A review of Lake Rhodhiss WTP's monitoring report for January 2013 showed the following violations: Parameter Date Measuring Violation Frequency Flow, in conduit or thru treatment 01/01/2013 Continuous Failure to Monitor plant Flow, in conduit or thru treatment 01/04/2013 Continuous Failure to Monitor plant Flow, in conduit or thru treatment 01/07/2013 Continuous Failure to Monitor plant Flow, in conduit or thru treatment 01/10/2013 Continuous Failure to Monitor plant Flow, in conduit or thru treatment 01/13/2013 Continuous Failure to Monitor plant Flow, in conduit or thru treatment 01/16/2013 Continuous Failure to Monitor plant Flow, in conduit or thru treatment 01/19/2013 Continuous Failure to Monitor plant NorthCarolina Nata-MAY North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterauality.org yi' FAX (828)299-7043 Mr. Radford L.Thomas March 26, 2013 Page Two Parameter Date Measuring Violation Frequency Flow, in conduit or thru treatment 01/22/2013 Continuous Failure to Monitor plant Flow, in conduit or thru treatment 01/25/2013 Continuous Failure to Monitor plant Flow, in conduit or thru treatment 01/28/2013 Continuous Failure to Monitor plant Flow, in conduit or thru treatment 01/31/2013 Continuous Failure to Monitor plant It was also noted that the Compliance box on the back of the DMR was marked"Compliant"when in fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, >, please do not hesitate to contact Janet Cantwell or me at 8281296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section CC' DWQ Asheville Files DWQ Central Files 3:ISWP1Caldwell\wastewater\Municipal\Lake Rhodiss WTP 44164\NOV-2013-MV-0045.doc W ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild,P.E. John E.Skvarla, III Governor Director Secretary March 27, 2013 Mr. Eric Stoneman Champion Hills Property Owners Association Inc. 1 Hagen Drive Hendersonville, NC 28739-8964 SUBJECT: Compliance Evaluation Inspection Collection System Champion Hills POA Inc. Permit No: WQCSDO160 Henderson County Dear Mr. Stoneman: Enclosed please find a copy of the collection system Compliance Evaluation Inspection report from the inspection conducted on March 15, 2013. The facility was found to be in compliance with permit WQCSD0160. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4500 extension 4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: James & James Env. Mgmt. —electronic copy Central Files Asheville Files S:\SWP\Henderson\Collection Systems\Champion Hills WQCSD0160\CEI.3-15-13.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One Phone:(828)296-450OXFAX:828 299-7043 NorthCarolina Internet:www.ncwaterauality.org ;Vaturallrf Permit: WQCSDO160 Owner-Facility: Champion Hills Property Owners Association \ Inspection Date: 0 3/1 512 0 1 3 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine ; Inspection Summary: COLLECTION SYSTEM Development: Construction began around 1991 and consists of a clubhouse and 317 homes. Consists of 12 miles of sewer lines, including: 62,500 linear feet of 4", 6"and 8"pvc and cast iron, gravity and force main sewer lines; 468 manholes; 8 lift stations with telemetry and natural gas emergency standby generators. Map: The collection system is represented by good CAD based mapping. FOG Program: Educational material is distributed to property owners biannually by newsletter and email. FOG newsletter("Echos")articles are also used for educational purposes. Pump Stations: The eight collection system pump stations have autodialers and are inspected weekly. Generators: There are 9 natural gas generators. Eight are for all 8 remote pump stations)one is located at the WWTP. ID: Kilowatt/Brand: #3 35 KW Generac #4 35 KW Generac #5 22 KW Generac #6 20 KW Guardian #7 22 KW Guardian #9 20 KW Spectrum #10 20 KW Generac #11 20 KW Generac 100 KW Katolight-runs the WWTP and#1 Influent pumps and#8 Effluent pumps SUMMARY The entire system is inspected annually as a part of the"sewer walk"performed by some of the property owners. Champion Hills has an excellent collection system and well documented operational plan. The collection system appears to be adequately funded and well managed. Page: 2 Permit: WQCSDO160 Owner-Facility: Champion Hills Property Owners Association Inspection Date: 03/15/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? ■ 0 11 What educational tools are used? "Echos"newsletter&email to POA members and training for food service employees at the clubhouse, regarding proper disposal of FOG,occur twice a year. In addition,a grease trap and grease disposal bin collect FOG at clubhouse. Is Sewer Use Ordinance/Legal Authority available? ■ 0 0 ❑ Does it appear that the Sewer Use Ordinance is enforced? ■ fl fl 0 Is Grease Trap Ordinance available? ■ Q Cl 0 Is Septic Tank Ordinance available(as applicable, i.e.annexation) ❑ ❑ M I_I List enforcement actions by permittee, if any, in the last 12 months Has an acceptable Capital Improvement Plan(CIP)been implemented? ■ 0 n Does CIP address short term needs and long term\"master plan\"concepts? ■ Does CIP cover three to five year period? ■ n 0 n Does CIP include Goal Statement? ■ nnn Does CIP include description of project area? ■ ❑ ❑ f l Does CIP include description of existing facilities? ■ 0 0 (] Does CIP include known deficiencies? ■ ❑ 0 Q Does CIP include forecasted future needs? ■ ❑ n Is CIP designated only for wastewater collection and treatment? ■ 0 0 Approximate capital improvement budget for collection system? $250,000.00 Total annual revenue for wastewater collection and treatment? $120,486.00 CIP Comments Is system free of known points of bypass? ■ 0 n n If no,describe type of bypass and location Is a 24-hour notification sign posted at ALL pump stations? ■ ❑ Q 0 #Does the sign include: Instructions for notification? ■ n Cl n Pump station identifier? ■ 0 24-hour contact numbers 013 ❑ n Page: 3 Permit: WQCSDO160 Owner-Facility: Champion Hills Property Owners Association Inspection Date: 03/15/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine If no,list deficient pump stations #Do ALL pump stations have an"auto polling"feature/SCADA? ■ ❑ n n Number of pump stations 8 Number of pump stations that have SCADA 0 Number of pump stations that have simple telemetry 8 Number of pump stations that have only audible and visual alarms 0 Number of pump stations that do not meet permit requirements 0 #Does the permittee have a root control program? ■ n n n #If yes,date implemented? Describe: During the routine"sewer walks",manholes are checked for root intrusion. All roots are cut out of the manholes. Mature poplar trees have been cut and removed. Collection system areas are routinely sprayed for poplar saplings to prevent root intrusion. Comment: Inspections Yes No NA NE Are maintenance records for sewer lines available? ■ n n n Are records available that document pump station inspections? ■ ❑ n n Are SCADA or telemetry equipped pump stations inspected at least once a week? ■ ❑ ❑ n Are non-SCADA/telemetry equipped pump stations inspected every day? ■ n n n Are records available that document citizen complaints? n n ■ n #Do you have a system to conduct an annual observation of entire system? ■ n n #Has there been an observation of remote areas in the last year? ■ n n n Are records available that document inspections of high-priority lines? ■ n n n Has there been visual inspections of high-priority lines in last six months? ■ n n n Comment: Operation$Maintenance Requirements Yes No NA NE Are all log books available? ■ n n n Does supervisor review all log books on a regular basis? ■ n n n Does the supervisor have plans to address documented short-term problem areas? ■ Cl n Cl What is the schedule for reviewing inspection,maintenance,&operations logs and problem areas? Daily and weekly,as needed. Are maintenance records for equipment available? ■ n n n Page: 4 Permit: WQCSDO160 Owner-Facility: Champion Hills Property Owners Association Inspection Date: 03/15/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Is a schedule maintained for testing emergency/standby equipment? ■ ❑ n El What is the schedule for testing emergency/standby equipment? weekly Do pump station logs include: Inside and outside cleaning and debris removal? ■ n 0 n Inspecting and exercising all valves? ■ 0 C1 11 Inspecting and lubricating pumps and other equipment? ■ ❑ n ❑ Inspecting alarms,telemetry and auxiliary equipment? ■ n 0 n Is there at least one spare pump for each pump station w/o pump reliability? ■ Cl 0 Are maintenance records for right-of-ways available? ■ ❑ Cl Are right-of-ways currently accessible in the event of an emergency? ■ 11 n Are system cleaning records available? ■ D El Has at least 10%of system been cleaned annually? 11 ❑ ■ What areas are scheduled for cleaning in the next 12 months? Sections of gravity force mains were replaced beginning in August 2008. No(deemed permit)requirement for cleaning 10%. DR Walters Electric is the current generator maintenance contractor and services the generators routinely. Is a Spill Response Action Plan available? ■ 0 0 Q Does the plan include: 24-hour contact numbers ■ 1_-) ❑ n Response time ■ 1=1 n n Equipment list and spare parts inventory ■ ❑ 0 0 Access to cleaning equipment ■ Q 0 Cl Access to construction crews,contractors,and/or engineers ■ ❑ Q 0 Source of emergency funds ■ n Site sanitation and cleanup materials ■ 0 Post-overflow/spill assessment ■ n n n Is a Spill Response Action Plan available for all personnel? ■ 11 ❑ n Is the spare parts inventory adequate? ■ fl ❑ n Comment: Records Yes No NA NE Are adequate records of all SSOs,spills and complaints available? ■ fl ❑ (1 Are records of SSOs that are under the reportable threshold available? ■ 11 11 0 Page: 5 Permit: WQCSD0160 Owner-Facility: Champion Hills Property Owners Association Inspection Date: 03/15/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Do spill records indicate repeated overflows(2 or more in 12 months)at same location? n n ■ n If yes, is there a corrective action plan? n n ■ n Is a map of the system available? ■ n n n Does the map include: Pipe sizes ■ n n n Pipe materials ■ n n ❑ Pipe location ■ n n n Flow direction ■ n ❑ n Approximate pipe age ■ n n n Number of service taps ■ n n n Pump stations and capacity ■ n n n If no,what percent is complete? List any modifications and extensions that need to be added to the map Bill Lapsley,P.E.,prepared and makes updates to the map as needed. #Does the permittee have a copy of their permit? n n ■ n Comment: Monitoring and Reporting Requirements Yes No NA NE Are copies of required press releases and distribution lists available? n n ■ n Are public notices and proof of publication available? n ❑ ■ n #Is an annual report being prepared in accordance with G.S. 143-215.1C? ❑ n ■ #Is permittee compliant with all compliance schedules in the permits? n n n n If no,which one(s)? Due to recent changes in the statutes(G.S. 143.215.1 C),submittal of a System Performance Annual Report is no longer required at this facility. Comment: #4 -Willow Road Pump Station Yes No NA NE Pump station type Duplex Are pump station logs available? ■ n n Is it accessible in all weather conditions? ■ o n n #Is general housekeeping acceptable? ■ n ❑ n Are all pumps present? n n n Page: 6 Permit: WQCSD0160 Owner-Facility: Champion Hills Property Owners Association Inspection Date: 03/15/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Are all pumps operable? ■ n n n Are wet wells free of excessive debris? ■ n n n Are upstream manholes free of excessive debris/signs of overflow? ■ n n n Are floats/controls for pumps/alarms operable? ■ n n n Is"auto polling"feature/SCADA present? n n ■ n Is"auto polling"feature/SCADA operational? n n ■ n Is simple telemetry present? ■ n n n Is simple telemetry operational? ■ n n n Are audio and visual alarms present? ■ 0 0 n Are audio and visual alarms operable? ■ n 11 n Is the Pump station inspected as required? ■ n n n Are backflow devices in place? n n ■ (_-� Are backflow devices operable? n n ■ n Are air relief valves in place? ❑ n ■ Are air relief valves operable? n ❑ ■ n # Is an emergency generator available? ■ n n Can the emergency generator run the pumps? ■ n Cl n Is the pump station equipped for quick hook-up? n n ■ n Is the generator operable? ■ n n #Is fuel in tank and sufficient? n n ■ Is the generator inspected according to their schedule? ■ rl n n Is a 24-hour notification sign posted? ■ n ❑ n Does it include: Instructions for notification? ■ 0 f1 n Pump station identifier? ■ ❑ n Cl Emergency phone number ■ n n n Is public access limited? ■ Cl n n Is pump station free of overflow piping? ■ ❑ ❑ n Is the pump station free of signs of overflow? ■ ❑ n n Are run times comparable for multiple pumps? yes Page: 7 Permit: WQCSD0160 Owner-Facility: Champion Hills Property Owners Association Inspection Date: 03/15/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Comment: #7 -Willow Road Pump Station Yes No NA NE Pump station type Duplex Are pump station logs available? ■ n n Is it accessible in all weather conditions? ■ n ❑ n #Is general housekeeping acceptable? ■ n n n Are all pumps present? ■ n n n Are all pumps operable? ■ n n n Are wet wells free of excessive debris? ■ n n n Are upstream manholes free of excessive debris/signs of overflow? ■ n n n Are floats/controls for pumps/alarms operable? ■ n n n Is"auto polling"feature/SCADA present? n n ■ n Is"auto polling"feature/SCADA operational? n n ■ n1 Is simple telemetry present? ■ n ❑ n Is simple telemetry operational? ■ n n Cl Are audio and visual alarms present? ■ n n n Are audio and visual alarms operable? ■ n n n Is the Pump station inspected as required? ■ n n n Are backflow devices in place? n n ■ Cl Are backflow devices operable? n n ■ n Are air relief valves in place? n n ■ n Are air relief valves operable? n n ■ n # Is an emergency generator available? ■ Cl n n Can the emergency generator run the pumps? ■ n n n Is the pump station equipped for quick hook-up? n n ■ n Is the generator operable? ■ n n n #Is fuel in tank and sufficient? n n ■ n Is the generator inspected according to their schedule? ■ n ❑ n Is a 24-hour notification sign posted? ■ n n n Page: 8 Permit: WQCSD0160 Owner-Facility: Champion Hills Property Owners Association Inspection Date: 03/15/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Does it include: Instructions for notification? m Q Pump station identifier? M Q Emergency phone number M Q 0 Is public access limited? M ❑ Q Is pump station free of overflow piping? 0 0 0 Is the pump station free of signs of overflow? 0 D Are run times comparable for multiple pumps? yes Comment: Page: 9 '\ � '�\ �� 1 ',�`_ WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E.Skvarla, III Governor Director Secretary March 27, 2013 Mr. Brian Osteen Mr. Eddie Osteen Greystone Enterprises, Inc. PO Box 2059 Hendersonville, NC 28793-2059 SUBJECT: Compliance Evaluation Inspection Collection System Greystone Subdivision Permit No: WQCSD0340 Henderson County Dear Mr. Osteen: Enclosed please find a copy of the collection system Compliance Evaluation Inspection r report from the inspection conducted on March 15, 2013. The facility was found to be in compliance with permit WQCSD0340. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4500 extension 4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: James & James Env. Mgmt. —electronic copy Central Files Asheville Files S:\SWP\Henderson\Collection Systems\Greystone Subdivision WQCSD0340\CEI.3-15-13.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One Phone:(828)296-45001FAX:828 299-7043 N0i`ffiCaPOl na Internet:www.ncwaterguality.org )Vatur."Iff Permit: WQCSD0340 Owner-Facility: Greystone Enterprises Inc Inspection Date: 03/15/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine #Do ALL pump stations have an"auto polling"feature/SCADA? n n 0 Number of pump stations Number of pump stations that have SCADA 0 Number of pump stations that have simple telemetry 0 Number of pump stations that have only audible and visual alarms 0 Number of pump stations that do not meet permit requirements 0 #Does the permittee have a root control program? n n n #1f yes,date implemented? Describe: Comment: Page: 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary March 27, 2013 Terence J. McCarthy 5801 Ulmenton Road. Suite 200 Clearwater, FL 33760 Subject: 401 Water Quality Certification -Approval Project Name: McCarthy Residence Stabilization DWQ Project# 13-0235 Rutherford County Broad Basin/Lake Lure/9(17)/B: Tr Dear Mr. McCarthy: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 0.007 acres of open waters(50 linear feet) for the purpose of bank stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to) Erosion and.Sediment Control, Buffer and Flood Plain regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-29645001 FAX:828-299-7043 One Internet:www.ncwaterquality.org NorthCarohna An Eoual Qnonrtnnity i Affirrnn iva Antinn Fmnlnvor ��"! Terence McCarthy 3/27/2013 Page 2 of 2 Amount Approved(Units) Plan Location or Reference Waters 0.007 (acres) or 50 linear Sketch Plan feet ` Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Tim Fox in the Asheville Regional Office at(828) 296-4664. Sincerely, for Charles Wakild,P.E.,Director CWl trf Enc: GC3898 Certificate of Completion cc: USACE Asheville Regulatory Field Office WBSCP Unit—Central Office Clint Calhoun—Town of Lake Lure Jay Freeman IV—Freeman Stone Masonry File Copy S:\SWP\Rutherford\401s\Non-DOT\Jay Freeman\APRVL.401 Jay Freeman 03.27.2013.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCror y Charles Wakild, P.E, John E. Skvarla, III Governor Director Secretary March 27, 2013 Mr. Larry Lehning Adams Apple Homeowners Association Inc. 1208 Kelty Court Cary, North Carolina 27511 Subject: NOTICE OF VIOLATION NOV-2013-MV-0047 Permit No. NCO042358 Adams Apple Condominiums WWTP Dear Mr. Lehning: Avery County A review of Adams Apple Condominiums WWTP's monitoring report for October 2012 showed the following violations: Parameter Date Measuring Frequency Violation Temperature, Water Deg. Week ending 5 X/Week Failure to Monitor Centigrade 10/06/2012 Temperature, Water Deg. Week ending 5 X/Week Failure to Monitor Centigrade 10/13/2012 Temperature, Water Deg. Week ending 5 X/Week Failure to Monitor Centigrade 10/20/2012 Temperature, Water Deg. Week ending 5 X/Week Failure to Monitor Centigrade 10/27/2012 It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4600. Sincerely, ,shuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files Water Quality Lab & Operations/ORC S:\SWP'Avery\WastewaterlMinorsSAdams Apple Condo 42358\NQV-2013- V-0047.do-- ol,e NorthCarolina naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwatergualitV.org FAX (828)299-7043 �_, 1 �'� i' �/ ___ 4; NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild,P.E. John E.Skvarla, III Governor Director Secretary March 27, 2013 Mr. Brian Osteen Mr. Eddie Osteen Greystone Enterprises, Inc. PO Box 2059 Hendersonville, NC 28793-2059 SUBJECT: Compliance Evaluation Inspection Greystone Subdivision WWTP Permit No: NCO068799 Henderson County Dear Mr. Osteen: Enclosed please find a copy of the Compliance Evaluation Inspection report from the inspection conducted on March 15, 2013. The facility was found to be in compliance with permit NC0068799. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4500 extension 4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: James & James Env. Mgmt. — electronic copy Central Files Asheville Files S:\SWP\Henderson\Wastewater\Minors\Greystone Subdivision 68799\CEI.3-15-13.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One Phone:(828)296-460OXFAX:828 299-7043 NorthCarolina Internet:www.newaterguality.org Natunj l& NPDES yr/mo/day Inspection Type (cont.) 1 3 NCO068799 I11 12I 13/03/15 j 17 8I d \ Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: WASTEWATER TREATMENT PLANT(WWTP): The WWTP consists of a 0.0217 MGD (0.060 MGD after A to C)extended aeration package plant, with manual bar screen; 21,700 gallon aeration basin, with dual 113 cfm blowers providing diffused air; 4639 gallon (72 sq ft) dual hoppered, rectangular clarifier with skimmer and sludge returns; 2100 gallon aerobic digestor(Authorization to Construct issued for a 1795 gallon digestor); tablet chlorinator; 3000 gallon baffled chlorine contact chamber; tablet dechlorinator; and 30 degree v-notch weir. Authorization to Construct(A to C): Issued 9-1-1987 for 0.026 MGD(to former name: Sunny Pines MHP). However, the actual size of the aeration basin is 21,700 gallons. Therefore, the current permitted flow is 0.0217 MGD. A to C: Issued 12-20-2002 for tablet chlorinator&tablet de-chlorinator. DEVELOPMENT: Consists of 64 residential homes. COLLECTION SYSTEM: WQCSD0340 Consists of—5600 feet of 8-inch diameter pvc gravity sewer&4-inch diameter pvc service laterals and 27 manholes. There are no pump stations. The sewer map was done by Bill Lapsley, P.E. (5/1987). Note: Separate Collection System Woodland Apartments consists of 4 buildings/connections: three buildings have two apts. each (= 6 apts)and one building has four apts. (= 4 apts)for a total of 10 apartments. The flow from these apts. ties into the WWTP, not into the Greystone collection system (WQCSD0340). This system is exempt from having a deemed permit. One apt. has a septic tank, small '/2 HP pump (E-1 type) and back-up drain field. PERMIT/ INSPECTION /LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 9-8-2010 by Wanda Frazier. The permit expires on November 30, 2015. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. Page# 2 Permit: NCO068799 Owner-Facility: Greystone Subdivision Inspection Date: 03/15/2013 Inspection Type: Compliance Evaluation The daily operator log was present on-site and had good notation of daily events, process control and field testing data. TREATMENT UNITS/PROCESS CONTROL TESTING DATA: The activated sludge aeration basin process control data was as follows: Dissolved Oxygen =4.23 mg/I Temperature = 11.5 degrees F SYSTEM PERFORMANCE ANNUAL REPORT (SPAR): The 2011 System Performance Annual Report was received by the Division on March 5, 2012. Due to recent changes in the statutes, the SPAR is no longer required to be submitted for this facility. OPERATIONS AND MAINTENANCE/ EFFLUENT/SUMMARY: Ms. Juanita James, ORC contractor, and Mr. Eddie Osteen assisted in the inspection. The facility appears to be well operated. The effluent was clear and appeared to be in compliance with permit limits. Page# 3 Permit: NCO068799 Owner-Facility: Greystone Subdivision Inspection Date: 03/15/2013 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ ❑ Is the facility as described in the permit? ■ n n n #Are there any special conditions for the permit? n ■ Cl n Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical n Are the bars adequately screening debris? ■ n n n Is the screen free of excessive debris? ■ n In n Is disposal of screening in compliance? ■ n n Cl Is the unit in good condition? ■ n n n J Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ n n n Are surface aerators and mixers operational? n n ■ Cl Are the diffusers operational? ■ o n n Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25%of the basin's surface? ■ n n n Is the DO level acceptable? ■ In n In Is the DO level acceptable?(1.0 to 3.0 mg/I) nn ■ n Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? n In ■ n Are weirs level? ■ n n Page# 4 Permit: NCO068799 Owner-Facility: Greystone Subdivision Inspection Date: 03/15/2013 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? ■ 0 n n Is scum removal adequate? ■ n n n Is the site free of excessive floating sludge? ■ n ❑ n Is the drive unit operational? n n ■ o Is the return rate acceptable(low turbulence)? ■ ❑ n n Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable?(Approximately''/of the sidewall depth) ■ ❑ Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n n Are the tablets the proper size and type? ■ n ❑ n Number of tubes in use? 2 Is the level of chlorine residual acceptable? ■ n n n Is the contact chamber free of growth,or sludge buildup? ■ n n !1 Is there chlorine residual prior to de-chlorination? ■ n n Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ Is storage appropriate for cylinders? n n ■ n #Is de-chlorination substance stored away from chlorine containers? Cl n ■ El Comment: Are the tablets the proper size and type? ■ n n 0 Are tablet de-chlorinators operational? ■ n Number of tubes in use? 1 Comment: Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ 0 n n Page# 5 Permit: NCO068799 Owner-Facility: Greystone Subdivision Inspection Date: 03/15/2013 Inspection Type: Compliance Evaluation Operations &Maintenance Yes No NA NE Does the facility analyze process control parameters,for ex:MLSS, MCRT,Settleable Solids,pH, DO,Sludge ■ n n n Judge,and other that are applicable? Comment: i Page# 6 WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary March 28,2013 Henderson County Bridge No. 163 Replacement DWQ Project 20130258 NCSR 1338(South Mills River Road) Approval of 401 Water Quality Certification with Additional Conditions Mr.J.B. Setzer,P.E. Division 14 Engineer North Carolina Department of Transportation 253 Webster Road Sylva,North Carolina,28779 Dear Mr. Setzer: You have our approval,in accordance with the conditions listed below,for the following impacts in an unnamed tributary to the South Fork Mills River for the replacement of Bridge No. 163 with a 45-foot by 53-inch high by 41-inch wide aluminized arch culvert on NCSR 1338(South Mills River Road)in Henderson County: Stream Impacts in the French Broad River Basin Site Permanent Fill Stream Permanent Temporary Total Stream in Intermittent Relocation Fill in Impacts in Stream Impacts Stream(linear (linear ft) Perennial Perennial Impact Requiring ft) Stream Stream (linear ft) Mitigation (linear ft (linear ft) linear ft) Site 1 &2 0 0 45 70 115 0 Site 3 &4 0 0 0 105 105 0 Site 5 0 0 10 0 10 0 Total 1 0 1 0 1 55 1 175 1 230 1 0 Total Permanent Stream Impacts for Project:551in.ft.Total Temporary Stream Impacts for Project: 175 linear ft. The project should be constructed in accordance with your application dated March 14,2013 (received March 15, 2013), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3886, corresponding to the U.S.Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna Phone:828-29640M FAX:828-299-7043 y+ // Internet: www.ncwaterquality.org qual Opportunity 1 Affirmative Action Employer Natu`a`l U Mr.J.B. Setzer,P.E. March 28,2013 Page Two This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future)exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h)(6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,they shall be removed and the natural grade restored upon completion of the project. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, anc maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. NCDOT will need to adhere to all appropriate in-water work moratoria prescribed by the NC Wildlife Resources Commission. 5. Compensatory mitigation for impacts 278 linear feet of streams at a replacement ratio of 1:1 is required. Compensatory mitigation for impacts to jurisdictional streams shall be provided by onsite stream relocations of 278 linear feet of an unnamed tributary of Thompson Creek. The onsite stream relocation shall be constructed in accordance with the design submitted in your May 3, 2011 application. All on-site mitigation sites shall be protected in perpetuity by a conservation easement or through NCDOT fee simple acquisition and recorded in the NCDOT Natural Environment Unit mitigation geodatabase. Please be reminded that as- builts for the completed streams shall be submitted to the North Carolina Division of Water Quality 401 Wetlands Unit with the as-builts for the rest of the project. If the parameters of this condition are not met, then the permittee shall supply additional stream mitigation for the 278 linear feet of impacts. All channel relocations will be constructed in a dry work area,will be completed and stabilized, and must be approved on site by DWQ staff, prior to diverting water into the new channel. Whenever possible, channel relocations shall be allowed to stabilize for an entire growing season. All stream relocations shall have a 50-foot wide native wooded buffer planted on both sides of the stream unless otherwise authorized by this Certification. A transitional phase incorporating rolled erosion control product (RECP) and appropriate temporary ground cover is allowable. Mr.J.B. Setzer,P.E. March 28,2013 Page Three 6. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction,please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 8. Channel relocations shall be completed and stabilized, and approved on-site by DWQ staff, prior to diverting water into the new channel. Stream banks shall be mated with coir-fiber matting. Vegetations used for bank stabilization shall be limited to native riparian vegetation, and should include establishment of a vegetated buffer on both sides of the relocated channel to the maximum extent practical. Also rip-rap may be allowed if necessary to maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of rip-rap coverage requested. Once the stream has been turned into the new channel, it may be necessary to relocate stranded fish to the new channel to prevent fish kills. 9. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 10. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 11. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed,sized and installed. 12. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 13. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants,hydraulic fluids,or other toxic materials. 14. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 16. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 17. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 18. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 19. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. - 20. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. Mr.I B. Selzer,P.E. March 28,2013 Page Four 21. The outside buffer,wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 22. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 23. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 24. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 25. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the. Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 l' or CAMA permit. ------ If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, 6�4-- for Charles Wakild,P.E.,Director Division of Water Quality Attachments cc: Lori Beckwith,USAGE,Asheville Field Office Mark Davis,Division 14,DEO Ben DeWit,Roadside Environmental Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 20110424V.2(Setzer)R-4416 US Highway 64 Climbing Lane r A'4 ) WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary March 28, 2013 Mr. Bill Hale Bon Worth Inc. P.O. Box 2890 Hendersonville, North Carolina 28793 Subject: NOTICE OF VIOLATION NOV-2013-MV-0049 Permit No. NCO037176 Bon Worth WWTP Henderson County Dear Mr. Hale: A review of Bon Worth WWTP's monitoring report for November 2012 showed the following violation: Parameter Date Measuring Frequency Violation Flow, in conduit or thru Week ending Weekly Failure to Monitor treatment plant 11/03/2012 It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 8281296-4500. Sincerely, " uck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James &James Environmental/ORC S:\SWP\Henderson\Wastewater\MinorslBon Worth 37176\NOV-2013-MV-0049.doc one NorthCaro ina �atura!r� North Carolina Division of Water Quality e, 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet www.ncwateroualitv.ora FAX (828)299-7043 �,". �J_`� `�i�l �:� NCDENR North Carolina Department of Environment and Natural Resources . Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary March 28, 2013 Mr. Jeffrey T. Brown 18 Shawnee Trail Asheville,NC 28805 SUBJECT: A-Class Auto Detail 929 New Leicester Hwy Buncombe County Deadline:April 15,2013 Dear Mr. Brown: The North Carolina Department of Environment and Natural Resources,Division of Water Quality (DWQ)has received information regarding water pollution that may have occurred at 929 New Leicester Highway located in Buncombe County,North Carolina. This letter is to inform you that discharging wastewater into waters of the state without a permit is considered a violation and must cease. Thank you for speaking with me at your property on March 22,2013. Any potential wastewater discharge associated with the vehicle washing operation at 929 New Leicester Highway should be examined. Please evaluate other means of wastewater disposal that will prevent water quality standard violations. I have enclosed material for you to review regarding vehicle washing operations and associated regulations. Further action will be taken by the DWQ, if information is received that violations have continued. Other state and local regulatory agencies have been notified. Please respond in writing with an appropriate resolution or response regarding the proper disposal of wastewater at the vehicle car washing operation by April 15, 2013. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One ' Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NO� �a1Qh11d Phone:828-296-450M FAX:828-299-7043 Internet:www.ncwaterqual!V.org An Equal Opportunity,Affirmative Action Employer Jeffrey Brown March 28,2013 Page 2 of 2 Thank you for your attention to this matter. Please note that information about surface water quality can be obtained from the DWQ website. If I can provide additional information concerning this issue,please call me at(828)296-4500. ` Sincerely Tim Fox Environmental Specialist Enc: Vehicle Washing Operations &Activities Permitting by Regulation(15A NCAC 02T .0113) cc: Buncombe County Planning Buncombe County Environmental Health ARO Files S:\SWP\Buncombe\Comp1aints\929 Leicester Hwy\LTR.Jeffrey Brown 929 Leicester Hwy.03-28-13.doc �.4 f MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary March 28, 2013 Mr. Eliot Godfrey McDowell County Adult Care LLC P.O. Box 1690 Little River, South Carolina 29566 Subject: NOTICE OF VIOLATION NOV-2013-MV-0048 Permit No. NCO035157 Cedarbrook Residential Center WWTP McDowell County Dear Mr. Godfrey: A review of Cedarbrook Residential Center's WWTP monitoring report for November 2012 showed the following violations: Parameter Date Measuring Violation Frequency - Chlorine, Total Residual Week ending 11/03/2012 2 X/Week Failure to Monitor Compliance Issue Part II, Section A. 2 X/month sampling It was also noted that the Compliance box on the back of the DMR was marked"Compliant"when in fact it should have been marked"Non-Compliant"with an explanation for the non-compliance. If the above parameter for Chlorine was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. A review of Cedarbrook's November 2012 DMR has shown that it does not contain the required ten (10) days between the sampling of Fecal coliform which is required to be sampled twice per month per your NPDES permit. Part II, Section A. of your NPDES permit states: 2/Month: Samples are collected twice per month with at least ten calendar days between sampling events. Please begin using the required protocol on future DMRs. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions,please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, -,"-'Chuck Cranford,Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files KACE Environmental/ORC S:\SWPIV,cDovvell`;tNastewater\Minors\Cedarbrook Residential Center 35157\14OV-2013-MV-0048.doc No thCarolina AdulAdy North Carolina Division of Water Quality j,- 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 intarnat- www nrwntPrnualitv.oro FAX (828)299-7043 l `` ����, �J �' ��J, _- -- _ - __ -_-- - FAI A L) NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P.E. k Pat McCrory Director John E.Skvarla, III Governor Secretary March 28,2013 Rudisill David Anthony Et al. C/O Mr.David A.Rudisill 1995 Pleasant Hill Ave. Morganton,NC 28655 SUBJECT: Notice of Violation Response and Sediment Removal Plan Approval Enola Road NOV-2013-PC-0065 Burke County Dear Sirs and Madams: The Division of Water Quality has received correspondence from Foothills Soil Consulting,PLLC,dated March 21,2013, in response to the NOV noted above. The proposal includes the removal of sediment from an unnamed tributary to Hunting Creek. The proposal divides the stream into zones one through four. Zones two and three,as described in the plan,will be the focus of the sediment mitigation efforts. Additionally,the plan states that a backhoe will be used to remove sediment and re-establish the stream channel in zone two and to a limited extent in zone three. Please note that the backhoe should be operated from the stream bank and is not permitted in the stream channel The use of hand tools, rather than a backhoe,is encouraged where practicable. The remedial actions presented in the response have been found satisfactory and are approved. Activities involved in this approved plan, as well as submittal of the final report,are to be completed within thirty(30) days of this approval letter. Please contact me at(828)296-4500 or jonatlian.stepD@Ilcdeiir.gov should you have any further questions. Sincerely, Jonathan Stepp Environmental Specialist Surface Water Protection cc: ARID File Copy ec: Connie Adams SASWP\Burke\Complaints\Tony Smith Property\SedimentRemovalApproval_Smith_Property.doc SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 1, Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOl't11CarOhlla Phone:: www.6-45001 FAX: .org 9-7043 aturlx��� Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer I\ 1� ~\ 1 �/ 4T;�'► NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary March 28, 2013 Mr. Wei Lin Environmental Management Geological Consultants, Inc 412 Roosevelt Drive Derby, Connecticut 06418 SUBJECT: First Annual Monitoring Baseline Report Stream Restoration Project Hubbell Distribution, Inc. 20 Glenn Bridge Road Arden,North Carolina 28704 Deadline: April 28,2013 Dear Mr. Wei Lin: Thank you and Mr. Dow for speaking with me on March 21, 2013 to discuss compliance and resolution regarding the Stream Restoration Project at Hubbell Distribution, Inc. The Asheville Regional Office has reviewed the submitted report and would like a plan of action as to how the following will be addressed: • As the initial downstream project was performed to address a perched culvert situation which limited, or prohibited, aquatic life passage,how will structures 4 and 5 be dealt with such that these are not aquatic life-passage barriers? • Structure 6 has lateral instability, resulting in a channel that is unstable. How will this structure be dealt with which will result in a stable channel pattern? • Structure 5 has been hydraulically bypassed. How will this be dealt with which results in a stable channel pattern? Please provide a plan for addressing and re-evaluating these structures and items by the deadline date of April 28,2013. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE Qp Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Nofffi.Caroh 1a Phone::www.ncwater FAX:828 299 7043 Internet:www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Hubell Distribution,Inc. March 28,2013 Page 2 of 2 Please contact me at(828) 296-4664 or Tim.Foxnnedenr.gov, if I can be of any further assistance. , Sincerely, Tim Fox Environmental Specialist Surface Water Protection Enclosure cc: Central Files Asheville Files John Mulvihill,Assistant General Counsel,Hubell Inc. Paul Dow,P.E. Altamont Environmental, Inc. S:\SWP\Buncombe\401s\Non-DOT1Hubbell\LTR Hubell Deadline Ext 3.28.13.doc p i NCD � North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild,P.E. John E.Skvarla, III Governor Director Secretary March 28, 2013 Bill Hale, CFO Bon Worth, Inc. PO Box 2890 Hendersonville, NC 28739-2890 SUBJECT: Compliance Evaluation Inspection Bon Worth, Inc. WWTP Permit No: NCO037176 Henderson County Dear Mr. Hale: Enclosed please find a copy of the Compliance Evaluation Inspection report from the inspection conducted on March 15, 2013. The facility was found to be in compliance with permit NC0037176. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4500 extension4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: James & James Env. Mgmt. — electronic copy Central Files Asheville Files S:\SWP\Henderson\Wastewater\Minors\Bon Worth 37176\CE1.3-15-13.doc f , SURFACE WATER PROTECTION-ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One Phone:(828)296-45001FAX:828 299-7043 NOrthCarohna Internet:www.ncwateraualitv.org NVAM C�j A& ' � WNW North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakiid, P.E. Governor John E. Skvarla, In Director Secretary March 28,2013 Henderson County DWQ Project 20130291 TIP No.B-5149 NCSR 1574(Fruitland Road) Approval of 401 Water Quality Certification with Additional Conditions Dr. Gregory J.Thorpe,Ph.D.,Manager North Carolina Department of Transportation Project Development and Environmental Analysis 1598 Mail Service Center Raleigh,North Carolina,27699 Dear Dr.Thorpe: You have our approval, in accordance with the conditions listed below,for the following impacts in Clear Creek for the purpose of replacing Bridge No. 38 with a 140-foot long,two-span cored slab bridge on NCSR 1574(Fruitland Road)in Henderson County: Stream impacts in the French Broad River Basin Site Permanent ea bank Permanent Temporary Total Stream Impacts in Stabilization Impacts in Impacts in Stream Impacts Intermittent (linear ft) Perennial Perennial Impact Requiring Stream Stream Stream (linear ft) Mitigation (linear ft) (linear ft) linear ft) linear ft Site 1 0 0 0 170 170 0 Total 0 0 0 170 170 Total Permanent Stream Impacts for Project: 0 lin.ft.Total Temporary Stream Impacts for Project: 1701inear ft. Wetland Im acts in the French Broad River Basin (Riverine) Site Fill Fill Excavation Mechanized Hand Area Total Wetland (ac) (temporary) (ac) Clearing Clearing under Impact(ac) (ac) (ac) (ac) Bridge, (ac) Site 1 0.02 0.0 0. . 0.0 0.0 0.0 Total 0,02 0.02 0.0 0.0 0.0 0.0 0.0 0.02 Total Wetland Impact for Project: 0.02 acres. SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE Location:2090 U.S,Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296450M FAX:828-299-7043 NorthCtl1 ohna. Internet: wwwmwaterqualitV Orq An Equal Opportunity!Affirmative Action Employer ;VA J yJi1& Dr. Gregory J.Thorpe,Ph.D. March 28,2013 Page Two The project should be constructed in accordance with your application dated March 13, 2013 (received March 21, 2013), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Nos. 3891 and 3893 corresponding to the U.S.Army Corps of Engineers Nationwide Permit Numbers 23 and 33. In addition,you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future)exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506(h)(6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 5. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species. 6. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means(grassed swales,pre-formed scour holes,vegetated buffers,etc.)before entering the stream. Please refer to the most current version of Stormwater Best Management Practices. 7. Bridge piles and bents shall be constructed using driven piles(hammer or vibratory)or drilled shaft construction methods. More specifically,jetting or other methods of pile driving are prohibited without prior written approval from NCDWQ first. Gregory J.Thorpe,Ph.D. March 28,2013 Page Three 8. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This water shall be captured,treated,and disposed of properly. 9. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in i this certification. 10. All bridge construction shall be performed from the existing bridge,temporary work bridges,temporary causeways, or floating or sunken barges. If work conditions require barges,they shall be floated into position and then sunk. The barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the bottom of the surface water. 11. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 12. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 13. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 14. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 15. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 16. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 17. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 18. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants,hydraulic fluids, or other toxic materials. 19. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 20.Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 21. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 22. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 23. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 24. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 25. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 26. The outside buffer,wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. Dr. Gregory J.Thorpe,Ph.D. March 28,2013 Page Four 27. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards(including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 28. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 29. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 30. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings,6714 Mail Service Center,Raleigh,N.C. 27699-6714.If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, for Charles Wakild,P.E.,Director Division of Water Quality Attachments cc: Lori Beckwith,USACE,Asheville Field Office Mark Davis,Division 14,DEO Ben DeWit,Roadside Environmental FO Engineer Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 130291(Thorpe)TIP No.5149 NCSR 1574(Fruitland Road) *41 ;A, MC®�N� North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E.Governor Director Jahn E. Skvarla, ili Secretary March 28,2013 Jackson County DWQ Project 20130325 Bridge No.253 NCSR 1389(Dicks Creek Road) Approval of 401 Water Quality Certification with Additional Conditions Mr. J.B. Setzer,P.E. Division 14 Engineer North Carolina Department of Transportation 253 Webster Road Sylva,North Carolina,28779 Dear Mr. Setzer: You have our approval, in accordance with the conditions listed below,for the following impacts in the East Fork Dicks Creek for the purpose of replacing Bridge No.253 with a 40-foot long by 27-foot wide, concrete cored slab bridge on NCSR 1389(Dicks Creek Road)in Jackson County: Stream Impacts in the Little Tennessee River Basin Site Temporary Fill Excavation of Permanent Temporary Total Stream In Intermittent Streambank Fill in Impacts in Stream Impacts Stream and Rip rap Perennial Perennial Impact Requiring (linear ft) Streambank Stream Stream (linear ft) Mitigation inear ft linear ft linear ft linear ft Sites 1,2 &3 0 50 0 90 140 0 Total 0 50 0 90 140 0 Total Permanent Stream Impacts for Project: 501in. ft. Total Temporary Stream Impacts for Project: 90 linear ft. The project should be constructed in accordance with your application dated March 26, 2013 (received March 26, 2013), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No.3883, corresponding to the U.S.Army Corps of Engineers Nationwide Permit Number 3. In addition,you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE -!ocation:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One none:828-296-45001 FAX:828-299-7043 NorthCarohna Internet: www.ncwaterquaiti I An Equal Opportunity 1 Affirmative tiveve Action Employer ` ` "✓u Mr.I B. Setzer,P.E. March 28,2013 Page Two total wetland fills for this project(now or in the future)exceed one acre, or if total impacts to streams(now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to he valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation,and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. This project has the potential to impact trout waters or other aquatic species of concern. No construction activities shall begin until the NCWRC makes a determination regarding moratoria. Should the NCWRC determine that a moratorium is applicable,then the requirements of any moratorium shall be a condition of this 401 Certification. If NCDOT does not wish to honor the moratorium,then a written modification shall be requested. 5. The permittee shall use/Design Standards in Sensitive Watersheds/ [15A NCAC 4B.0124(a)-(e)] in areas draining to trout waters. However, due to the size of the project,NCDOT shall not be required to meet 15A NCAC 4B .0124(a) regarding the maximum amount of uncovered acres. Temporary cover(wheat,millet,or similar annual grain)or permanent herbaceous cover shall be planted on all bare soil within 15 business days of ground disturbing activities to provide erosion control. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control devices such as silt fence,temporary sediment ditches,basins,etc. Matting should be secured in place with staples, stakes,or wherever possible, live stakes of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid,which can impinge and entrap small animals. For the establishment of temporary groundcover within riparian areas,hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer-and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. ,3. Setzer,P.E. ch 28 2013 age Three >'6. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species. 7. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 8. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means (grassed swales,pre-formed scour holes,vegetated buffers, etc.)before entering the stream. Please refer to the most current version of Stormwater Best Management Practices. 9. Bridge piles and bents shall be constructed using driven piles(hammer or vibratory)or drilled shaft construction methods.More specifically,jetting or other methods of pile driving are prohibited without prior written approval from NCDWQ first. 10. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This water shall be captured,treated, and disposed of properly. 11. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in this certification. 12. All bridge construction shall be performed from the existing bridge,temporary work bridges,temporary causeways, or floating or sunken barges. If work conditions require barges,they shall be floated into position and then sunk. The barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the bottom of the surface water. 13. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 14. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 15. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 16. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 17. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 18. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 19. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 20. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants,hydraulic fluids,or other toxic materials. 21. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 22. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 23. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 24. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. '?5. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. Mr.J.B. Setzer,P.E. March 28,2013 Page Four 26. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3.1, unless otherwise authorized by this certification. 27. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 28. The outside buffer,wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 29. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards(including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 30. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements,etc. 31. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 32. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the ; Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, for Charles Wakild,P.E., irector Division of Water Quality Attachments cc: Lori Beckwith,USACE,Asheville Field Office Mark Davis,Division 14,DEO Ben DeWit,Roadside Environmental Marla Chambers,NCWRC Transportation Permitting Unit j Asheville Regional Office 20130325(Setter)Bridge 253 NCSR 1389(Dicks Creek Road) i -aj NCDENt North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, IN Governor Director Secretary March 28,2013 Henderson County DWQ Project 2013015 TIP No. B-4765 NCSR 1574(Fruitland Road) Approval of 401 Water Quality Certification with Additional Conditions Dr. Gregory J.Thorpe,Ph.D.,Manager North Carolina Department of Transportation Project Development and Environmental Analysis 1598 Mail Service Center Raleigh,North Carolina,27699 Dear Dr.Thorpe: You have our approval, in accordance with the conditions listed below,for the following impacts in Kyles Creek and in three(3)unnamed tributaries of Kyles Creek for the purpose of replacing Bridge No. 113 with a 65-foot long,single span. cored slab bridge on NCSR 1574(Fruitland Road)in Henderson County: Stream Impacts in the French Broad River Basin Site Permanent Fill Streambank Temporary Temporary Total Stream in Intermittent Stabilization Impacts in Impacts in Stream Impacts Stream (linear ft) Intermittent Perennial Impact Requiring (linear ft) Stream Stream (linear ft) Mitigation linear ft (linear ft) (linear ft Site 1 0 0 0 55 55 0 Site 2 0 0 82 0 82 0 Site 3 0 107 0 85 192 0 Site 4 120 0 45 0 165 0 Total 120 107 127 140 494 0 Total Permanent Stream Impacts for Project:212 fin.ft.Total Temporary Stream Impacts for Project: 282 linear ft. The project should be constructed in accordance with your application dated March 6, 2013 (received March 18, 2013), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Nos. 3885, 3891 and 3893 corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 13, 23 and 33. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must JRFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE Niner Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 othCarolina Phone:828-296-45001 FAX:828-299-7043 Internet: www.nmatergualitY org An Equal Opportunity i Affirmative Action Employer Nate/N!4 Dr. Gregory J.Thorpe,Ph.D. March 28,2013 Page Two be given a copy of this Certification and approval letter,and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre,or if total impacts to streams(now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and(7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites,be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed,the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with theC) project. a. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. This project has the potential to impact trout waters. No construction activities shall begin until the NCWRC makes a determination regarding moratoria. Should the NCWRC determine that a moratorium is applicable,then the requirements of any moratorium shall be a condition of this 401 Certification. If NCDOT does not wish to honor the moratorium,then a written modification shall be requested. 5. The permittee shall use/Design Standards in Sensitive Watersheds/ [15A NCAC 4B.0 124(a)-(e)] in areas draining to (trout)waters. However,due to the size of the project,NC DOT shall not be required to meet 15A NCAC 4B .0124(a)regarding the maximum amount of uncovered acres. Temporary cover(wheat,millet, or similar annual grain)or permanent herbaceous cover shall be planted on all bare soil within 15 business days of ground disturbing activities to provide erosion control. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas. For the establishment of permanent herbaceous cover,erosion control matting shall be used in conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control devices such as silt fence,temporary sediment ditches,basins, etc. Matting should be secured in place with staples, stakes,or wherever possible, live stakes of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid,which can impinge and entrap small animals. For the establishment of temporary groundcover within riparian areas,hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer-and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. Gregory J. Thorpe,Ph.D. .✓larch 28,2013 Page Three 6. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 7. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted areas shall be reveget 1.ated with appropriate native species. 8. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means(grassed swales,pre-formed scour holes,vegetated buffers,etc.)before entering the stream. Please refer to the most current version of Stormwater Best Management Practices. 9. Bridge piles and bents shall be constructed using driven piles(hammer or vibratory)or drilled shaft construction methods. More specifically,jetting or other methods of pile driving are prohibited without prior written approval from NCDWQ first. 10. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This water shall be captured,treated, and disposed of properly. 11. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in this certification. 12. All bridge construction shall be performed from the existing bridge,temporary work bridges,temporary causeways, or floating or sunken barges. If work conditions require barges,they shall be floated into position and then sunk. The barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the bottom of the surface water. 13. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 14. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 15. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 16. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 17. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 18. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed,sized and installed. 19. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 20. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants,hydraulic fluids,or other toxic materials. 21. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 22. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 23. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 24. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 25. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. Dr. Gregory J.Thorpe,Ph.D. March 28,2013 Page Four 26. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 27. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 28. The outside buffer,wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 29. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards(including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 30. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements,etc. 31. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-1;ours of discovery. 32. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, B r' for Charles Wakild,P.E.,Director Division of Water Quality Attachments cc: Lori Beckwith,USACE,Asheville Field Office Mark Davis,Division 14,DEO Ben DeWit,Roadside Environmental FO Engineer Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 130315(Thorpe)TIP No.4765 NCSR 1574(Fruitland Road)