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Home My WebLink AboutDWR SWP Read File Archive Mar 2009 .-.. .- NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Dee Freeman Beverly Eaves Perdue Secretary Governor Director SURFACE WATER PROTECTION March 4, 2009 John A Dodson Town of Marshall PO Box 548 Marshall NC 28753 SUBJECT: REQUEST FOR ADDITIONAL INFORMATION REGARDING Marshall WWTP Permit No: NCO021733 County Dear Mr. Dodson: In order to close the inspection records, I need additional information regarding the inspection that I conducted on February 19, 2009. What does this facility do with the accumulated sludge? Why is the UV disinfection unit not being used? What is the cause for trash and debris to be present at the outfall? Please provide a written response by March 17, 2009. If you or your staff have any questions, please call me at 828/296-4500. Sincerely, Jeff Menzel cc. Michael J. Ladd, ORC Central Files Asheville Files ne SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE NorthCarohna Location:2090 U.S. Highway 70, Swannanoa, NC 28778 �atura1[j' Phone:(828)296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 Internet:www.ncwaterguality.org G:\WPDATA\DEMWQ\Madison\21733 Marshall WWTP United States Environmental Protection Agency Form Approved. �� Washington,D.C.20460 OMB No.2040-0057 Water Com fiance Inspection Report Approval expires 8-31-98 Ir- Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 I5I 3I NCO021733 I11 121 09/02/19 117 18ICi 19ISI 20I Remarks 2111 ! IlIItIIlIIl ! lif { IIIIIIIIIIIIIIIIIIIIIIIIII11_�6 Inspection ection Work Days Facility Self-Monitoring Evaluation Rating 131 CIA ---------------------------Reserved------------------- 671 169 70131 71 U 72I N I 73 LwI 1 74 751 ( I I 11 I I 80 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 06/12/01 12:30 PM 09/02/19 Marshall WWTP Exit Time/Date Permit Expiration Date Blannahassett Is Rd Marshall NC 28753 01:00 PM 09/02/19 10/09/30 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Michael Ladd//'704-479-6428 / Michael J. Ladd/ORC/828-479-6428/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted John A Dodson,PO Box 548.Marshall NC No 28'7_i3/Mayor/828-649-3031/8286493413 Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations& Maintenance IN Pollution Prevention 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 Roy M Davis ARO WQ//828-296-4500 Ext.4659/ Jeff Menzel ARO WQ//828-296-4500/ � � �� 7 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ARO WQ//828-296-4500/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3I NC0021733 I11 12I 09/02/19 I17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) At the time of inspection the inspector had a few questions about the facility however there was no one there to answer them. What does this facility do with the accumulated sludge? Why is the UV disinfection unit not being used? What caused the accumulated trash to be present at the outfall? Overall housekeeping is lacking at this facility. A compliance status will be determined at a later date. Page# 2 Permit: NCO021733 Owner-Facility: Marshall bWWP ,nspection Date: 02/19/2009 Inspection Type: Compliance Evaluation Yes No NA NE aerations & Mainte_nance Is the plant generally clean with acceptable housekeeping? 0 ❑ 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: This facility does not appear to be getting the attention it needs for continued successful operations. Yes No NA NE Permit (If the present permit expires in 6 months or less). Has the permittee submitted a new application? 0 ® og Is the facility as described in the permit? n #Are there any special conditions for the permit? nn 00 Is access to the plant site restricted to the general public? 0 ❑ Is the inspector granted access to all areas for inspection? 0 ❑ ❑ Comment: Yes No NA NE Disinfection -UV -_--.-_-.-_--_-Are extra UV bulbs available on site? ❑ ❑ Are UV bulbs clean? [l ❑ nn Is UV intensity adequate? nn Is transmittance at or above designed level? n Is there a backup system on site? 0 0 ❑ Is effluent clear and free of solids? ❑ Q Comment: There is a UV unit in place, it was offline at the time of inspection. The inspector in unaware if the unit is operational. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ❑ ❑ 0 Are the receiving water free of foam other than trace arnounts and other debris? 0 N [1 171 If effluent (diffuser pipes are required) are they operating properly? 000 0 Comment: The outfall was loaded with debris that came out of the treatment plant. There was also what appeared to be a fungus growing on surrounding vegetation. A Fecal Coliform sample taken at the time of inspection did not show any sign of bacteria. Seconds Yes-No-.NA- NE Is the clarifier free of black and odorous wastewater? N 0 ❑ 1) Is the site free of excessive buildup of solids in center well of circular clarifier? nn 0 ❑ n Are weirs level? Page# 3 Permit: NC0021733 Owner-Facility: Marshall VVVVt'P Inspection Date: 02/19/2009 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the site free of weir blockage? ❑ n ❑ Is the site free of evidence of short-circuiting? Q (I fl Is scum removal adequate? Q 0 0 Is the site free of excessive floating sludge? ® O 0 ❑ Is the drive unit operational? n Is the return rate acceptable(low turbulence)? O 0 Is the overflow clear of excessive solids/pin floc? 0 0 0 Is the sludge blanket level acceptable?(Approximately'/<of the sidewall depth) 0 ❑ L Comment: The clarifier is not being washed down on a regular basis; this is resulting in build up on the clarifier weirs. The scum arm needs repairing. The effluent was clear but this unit does not appear to be adequately maintained. Page# 4 kv VA 1 Y I NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 4, 2009 Jack Anders Volvo Construction Equipment 2169 Hendersonville Road Skyland,North Carolina 28776 Subject: Representative Outfall Status Request- Approval NPDES Stormwater Permit NCG030236 Volvo Construction Equipment Buncombe County Dear Mr. Anders: Division of Water Quality has reviewed the Representative outfall Status Request for the above facility and associated permit. Based on a site visit and information provided,the request has been approved. In accordance with 40 CFR §122.21(g)(7),you are authorized to sample stormwater discharge outfall (SDO) 001 as a representative outfall for SDOs 2, 3 and 4. "This approval is effective upon the next sampling event. Please note: • The permit still requires Qualitative Monitoring be performed at all SDOs, regardless of representative status ® Any actions initiated in response to benchmark exceedances must conform to the tiered response provisions of your permit(e.g., "Conduct a stormwater management inspection of the facility within two weeks of receiving the sampling results.") Please append this letter to your Stormwater Pollution Prevention Plan (SPPP) or permit to document that representative outfall status has been approved. If changes in drainage areas, structures, processes, storage practices or other activities occur that significantly alter the basis of this approval, representative outfall status may no longer be valid. You should either resume sampling at all SDOs or reapply to this office for representative outfall status based on updated information. If you have any questions or comments concerning this letter, please contact me at(828) 296-4664 or at chuck.cranford,1@1 ncmail.net. Sincerely, zzi Chuck Cranford Surface Water Protection cc: Scott Spinner—S&ME Asheville Regional Office Central Office/Stormwater Permitting Unit Central Files G:\WPDATA\DEMW'Q\Buncombe\Stormwater Fabricated Metal NCG03\VolvoContructionEquipment\ROS_Approval.doe Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 011E Phone:828-296-45001 FAX:828-299-7043\Customer Service 1-877-623-6748 C7I"t 1L c1I'()t l lltt ti Internet:www.ncwateEgualiN.org , ( An Equal Opportunely`,Affirmative Action Employer 4 MIA irCDERR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 4, 2009 Ricky C Silver Silver Line Plastics Corp 900 Riverside Dr Asheville NC 28804 SUBJECT: Compliance Evaluation Inspection Silver Line Plastics Corporation Permit No: NCO023591 Buncombe County Dear Mr. Silver: Enclosed please find a copy of the Compliance Evaluation Inspection report conducted on February 20, 2009. The Compliance Evaluation Inspection was conducted by Jeff Menzel of the Asheville Regional Office. The facility was found to be in Compliance with permit NC0023591. This facility may want to consider applying for a General Permit NCG500000. Attached is a Technical Bulletin outlining key requirements and benefits to operating under a general permit. 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: Brian Deaver Central Files Asheville Files I SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE North Carolina Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 Naturally Phone: (828)296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 Internet:www.ncwaterguality.org G:\WPDATA\DEMWQ\Buncombe\23591 Silver Line Plastics United States Environmental Protection Agency Form Approved. Washington,D.C.20460 OMB No.2040-0057 E PA Approval expires 8-31-98 Water Compliance Inspection Report Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 1 NI 2 151 31 Nc0023591 11 121 09/02/20 1 17 181 C) 191 S1 201 0 Remarks 21111111111111111_I_ IIIIIIIIIIIIIIIIIIIIIIliIIIIIIII6 L ao Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------------------Reserved------ ` ------------- 671 169 70131 711 I 721 N1 73� 74 751 1 I 1 1 1 � 1 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 05/12/01 01:30 PM 09/02/20 Silver Line Plastics Corporation Exit Time/Date Permit Expiration Date 900 Riverside Dr Asheville NC 28804 02:30 PM 09/02/20 10/10/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Ricky C Silver,900 Riverside Dr Asheville NC No 28804//828-252-8755/8282858901 Section C Areas Evaluated During Inspection (Check only those areas evaluated) Permit IM Operations&Maintenance 11 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 Roger C Edwards ARC WQ//828-296-4500/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type L 3I N00023591 I11 12I 09/02/20 I17 181 0l Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Currently this facility does not have a discharge. No violations of permit requirements or applicable regulations were observed during this inspection, Page# 2 ...-.___.... . Permit: NCO023591 Owner-Facility: Silver Line Plastics Corporation Inspection Date: 02/20/2009 Inspection Type: Compliance Evaluation Yes No NA NE Operations & Maintenance Is the plant generally clean with acceptable housekeeping? Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ❑ n Judge, and other that are applicable? Comment: Yes No NA NE Permit -- (If the present permit expires in 5 months or less). Has the permittee submitted a new application? nnn Is the facility as described in the permit? #Are there any special conditions for the permit? nn Is access to the plant site restricted to the general public? NO ❑ nn Is the inspector granted access to all areas for inspection? Comment: Yes No NA NE Effluent Pipe nnn Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? n � n If effluent (diffuser pipes are required) are they operating properly? nn 0 Comment: Currently this facility has not discharge. Page# 3 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 2, 2009 Jason Stamey 20 Stamey Cove Road Franklin, NC 28734 Subject: Auto Storage Complaint Dear Mr. Stamey: The DWQ has received a second complaint through the US Environmental Protection Agency regarding the storage of wrecked automobiles within surface waters. On July 2, 2008, I visited the site and spoke with you about such storage of vehicles. On that day, you removed a vehicle within the creek channel. Please see to the removal of any vehicles from the creek. Such storage could lead to water quality violations and subsequent fines. Your cooperation is appreciated. Please contact me at 828-296-4500, if you have any questions. Sincerely, Chuck Cranford Environmental Specialist Surface Water Protection G:\WPDATA\DEMWQ\Macon\Complaints\Stamey_WreckedCars\NoticeLetter_2-27-09.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One 1 Phone:828.296-45001 FAX.828-299-7043 l Customer Service.1-877-623-6748 1 V OI tl L,l C c`d�.roll 1a Internet:www.nmaterquallty.org An Equal Opportunity Affirmative Action Employer o °• NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Secretary Governor March 4, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED - 7007 1490 0004 0798 7773 Mr. Mike Brooks, Director of Public Works Town of Spindale Post Office Box 186 Spindale, North Carolina 28160 Subject: NOTICE OF VIOLATION Permit No. WQCS00053 Town of Spindale Spindale Collection System � Rutherford County Dear Mr Brooks: A review has been conducted of the Town of Spindale's Collection System self reported Sanitary Sewer.Overflow (SSO) 5-Day Report. This review has shown the subject facility to be in violation of the requirements found in the Town of Spindale's Collection System Permit (WQCS00053) and/or G.S. 143-215:1(a)(1). The violation is summarized below: NOV# Violation Location Cause Volume Date NOV-2009-DV-0071 01/18/2009 Force Main Air Relief Valve 1,000 Valve Failure gallons The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. Factors considered in determining the amount of the SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE �TOne Location:2090 U.S.Highway 70,Swannanoa,Noah Carolina 28778 1'N orthCaroli 1a Phone:828-296-4500\FAX.828.299 7043\Customer Se!v,ce:1.877-623-6748 NaturallY Internet: www,ncwaterquality.org An Equal Oppcirtunity'+affirmative Action Employer civil penalty are the violator's spill history, the cost of rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance. If you have any question regarding this NOV or our policy relating to issuance of NOVs or Civil Penalties for SSOs please contact Roy Davis in our Asheville Regional Office at 828-296-4659. Sincerely, ®7) r Roger C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: PERCS Unit Mike Brooks, Town of Spindale Surface Water Protection Central Files G:\WPDATA\DEMWQ\Rutherford\Spindale Collection System\NOV-2009-DV-0071.doc A" j'FA North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 4, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED - 7007 1490 0004 0798 7780 Mr. Tudor Vance, Mayor Town of Crossnore Post Office Sox 129 Crossnore, North Carolina 28616-0129 Subject: NOTICE OF VIOLATION Permit No. WQCSDO076 Town of Crossnore Crossnore Collection System Avery County Dear Mr Vance: A review has been conducted of the Town of Crossnore's Collection System self reported Sanitary Sewer Overflow (SSO) 5-Day Report. This review has shown the subject facility to be in violation of the requirements found in North Carolina General Statute 143-215.1(a)(1). The violation is summarized below: NOV# ----- Violation Location Cause Volume Date NOV-2009-DV-0072 02/09/2009 School House Pump Pump 95 gallons Station Failure The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. Factors considered in determining the amount of the SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE �s7One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 it orthCarofina Phone:828-296-4,50M FAX:828-299-70431 Customer Service:1-877-623-6748 lV uia ly Internet: www.ncwatergtiality.org !�`vb An Equal Opportunity',Affirmative Achan Employer ......._ _.- civil penalty are the violator's spill history, the cost of rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance. Please send me a copy of the Town's pump station inspection log for the month of February, 2009. On February 2, 2009 the high water alarm light was observed to be on at the Town's pump station. Please submit a written explanation of what happened between February 2, 2009 and February 9, 2009 in terms of pump station inspection and maintenance. I find it interesting that, with so much apparent advance notice, a Sanitary Sewer Overflow occurred. If you have any question regarding this NOV or our policy relating to issuance of NOVs or Civil Penalties for SSOs please contact Roy Davis in our Asheville Regional Office at 828-296-4659. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: PERCS Unit John Austin, Water Quality Labs Surface Water Protection Central Files G:\WPDATA\DEMWQ\Avery\Crossnore Collection System\NOV-2009-DV-0072.doc 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 4, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED - 7007 1490 0004 7766 Mr. H. Carson Fisher, P.E., County Engineer Burke County Post Office Box 1486 Morganton, North Carolina 28680 Subject: NOTICE OF VIOLATION Permit No. WQCS00324 Burke County General Services Burke County Collection System Burke County Dear Mr. Fisher: A review has been conducted of the Burke County General Services Collection System self reported Sanitary Sewer Overflow (SSO) 5-Day Report. This review has shown the subject facility to be in violation of the requirements found in the Burke County General Services' Collection System Permit (WQCS00324) and/or G.S. 143- 215.1(a)(1). The violation is summarized below: NOV# Violation Location Cause Volume Date NOV-2009-DV-0070 01/28/2009 Spartacraft Debris 2,500 gallons SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-296-45001 F,AK 828 299,7043\Custorner Service:1-877 623-6748 N N allf Internet. www.ncwaterquality.org 6 An[equal Opportunity'•.AHirinative Action Employer The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should take remedial action in response to this incident. Remedial action should include identification of the cause of the SSOs and implementation of all measures necessary to prevent recurrence. If you have any question regarding this NOV or our policy relating to issuance of NOVs or Civil Penalties for SSOs please contact Roy Davis in our Asheville Regional Office at (828) 296-4659. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: PERCS Unit Surface Water Protection Central Files Roy Davis G:\WPDATA\DEMWQ\Burke\Burke County Collection System\WQ-2009-DV-0070.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary MARCH 4, 2009 CERTIFIED MAIL .RETURN RECEIPT REQUESTED 7007 1490 0004 0798 7759 Ms. Barbara Harmon, Town Manager Town of Rhodhiss Post Office Box 40 Rhodhiss, North Carolina 25667 Subject: NOTICE OF VIOLATION Permit No. WQCSDO042 Town of Rhodhiss Wastewater Collection System Burke County Dear Ms. Harmon: A review has been conducted of the Town of Rhodhiss's Collection System self reported Sanitary Sewer Overflow (SSO) 5-Day Reports. This review has shown the Town of Rhodhiss to be in violation of the requirements found in North Carolina General Statute 143-215.1(a)(1). The violations are summarized below: NOV# Date Location Cause NOV-2009-DV-0069 01/07/2009 Pump Station # 1 01/07/2009 Pump Station # 2 I / The Division of Water Quality may pursue enforcement action for this and any additional violation of State law. You should take remedial action in response to these SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL.OFFICE One �+ t Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOI thCarolina. Phone:828-296-46001 FAX:828-299-70431 Customer Service:1-877-623-6748 Naturally Internet: www.ncwaterquality.org An Equal Opportunity'+Affirmative Action Employer incidents. Remedial action should include identification of the cause of the SSO and implementation of all measures necessary to prevent recurrence. Civil penalties may be assessed for SSOs based on volume, volume reaching surface waters, duration, gravity, impacts to public health, fish kills, or recreation area closures. Other factors considered in determining the amount of the civil penalty include the violator's spill history, the cost of rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance. Should you wish to discuss this Notice of Violation please call Roy Davis in our Asheville Regional Office at 828-296-4659. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Region - Cc: PERCS Unit Surface Water Protection Section Central Files Roy Davis G:\WPDATA\DEMWQ\Burke\Rhodhiss Collection System\WQ-2009-DV-0069.doc 1 ®� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 4, 2009 CERTIFIED {MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 7742 Mr. Tim H. Holloman, Town Manager Town of Columbus Post Office Box 146 Columbus, North Carolina 28722 Subject: NOTICE OF VIOLATION Permit No. WQCS00140 Town of Columbus Columbus Collection System Polk County Dear Mr Holloman: A review has been conducted of the Town of Columbus's Collection System self reported Sanitary Sewer Overflow (SSO) 5-Day Report. This review has shown the subject facility to be in violation of the requirements found in Permit Number WQCS00140 and North Carolina General Statute 143-215.1(a)(1). The violation is summarized below: NOV# Violation Location Cause Volume Date NOV-2009-DV-0073 01/25/2009 Hospital Pump Station Grease 64,000 gallons The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. Factors considered in determining the amount of the SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NoahCarofina Phone:828-296-45001 FAX:828-299..70431 Customer Serrice:1-877-6.2.3-6748 ��ly u ra/®y Internet: www.ncwatergtiality.org �/ VLI` 6 !b An Equal()ppo;tunity t Affirmative Action Employer civil penalty are the violator's spill history, the cost of rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance. Please submit a written description of the Town of Columbus's program for regulating commercial sources of cooking grease and more specifically the Town's involvement with the commercial sources of cooking grease contributing to the January 25, 2009 SSO. If you have any question regarding this NOV or our policy relating to issuance of NOVs or Civil Penalties for SSOs please contact Roy Davis in our Asheville Regional Office at 828-296-4659. Sincerely, Roger C. Edwards,.Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: PERCS Unit Ricky McGuinn, CSORC Surface Water Protection Central Files G:\WPDATA\DEMWQ\POLK\Columbus Collection System\NOV-2009-DV-0073.doc 1 •� "A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 5, 2009 Mr. Mike Butler, Planning and Development Coordinator Engineering Division Metropolitan Sewerage District of Buncombe County 2028 Riverside Drive Asheville, North Carolina 28804 Mr. Mark Case, Interim Director Building Safety Department City of Asheville Post Office Box 7148 Asheville, North Carolina 28802 Mr. Matt Stone Permits and Inspections - Buncombe County 30 Valley Street Asheville, North Carolina 28801 Subject: Moratorium Withdrawal Mosswood-Weiss Sewer Buncombe County Dear Sirs: The West Asheville area from approximately the intersection of Emma Road and Shadowbrook Road north to approximately the intersection of North Louisiana Avenue and Adams Hill Road is served by a sewer which I will refer to as the Mosswood-Weiss sewer. This sewer was at one time privately owned in its entirety. The sewer was owned, in segments, by each person whose property it crosses. The owners were not properly maintaining the sewer and it had on several occasions overflowed, The lack of proper maintenance and operation led me to conclude that the Mosswood- Weiss sewer line was inadequate. As a result of the above this office placed the Mosswood-Weiss sewer on moratorium on February 2, 2007. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE o��TT L 111�1� Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 1� Tt11� rOA Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 Internet: www.ncwaterqu N�tutlallyality.org An Equal Opportunity 1 Affirmative Action Employer ......... ... The downstream segment of the sewer has since been turned over to the Metropolitan Sewerage District of Buncombe County (MSD). It is my plan to approach maintenance and operation of the remaining privately owned segments of this sewer using the regulatory requirements contained in 15A North Carolina Administrative Code 02T .403. 1 am therefore lifting the moratorium against new sewer connections to the remaining privately owned segments of the Mosswood-Weiss sewer. I am hereby informing the MSD, the City of Asheville and Buncombe County that we have no objection to the issuance of "sewer approvals" or "placement permits" for any project which would propose to utilize the remaining privately owned segment of the Mosswood-Weiss sewer. I very much appreciate your past help in this matter. Should you need to discuss this matter, I encourage you to call me at 828-296-4659. Sincerely, Roy M. Davis Environmental Engineer _i G:\WPDATA\DEMWQ\Buncombe\MSD Collection System\Mosswood-Weiss\Moratorium Withdrawal.doc i � o NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 5, 2009 Joe Cline Tuckaseigee Water & Sewer Authority PO Box 1051 Sylva NC 28779 SUBJECT: Compliance Evaluation Inspection Jackson County WWTP Permit No: N00039578 Jackson County Dear Mr. Cline: Enclosed please find a copy of the Compliance Evaluation Inspection Report from the inspection conducted on February 19, 2009. Don Price and I of the Asheville Regional Office conducted the Compliance Evaluation Inspection. The facility was found to be in Compliance with permit N00039578. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff has any questions, please do not hesitate to call me at 296-4500. Sincerely, Keith Hayne� Environmental Senior Specialist Enclosure cc: Stan D Bryson, ORC Central Files Asheville Files SURFACE WATER PROTECTION-ASHEVILLE REGIONAL OFFICE One Location:2090 U.S. Highway 70,Swannanoa,NC 28778 NorthCaroliina Phone: (828)296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 atur+a`l�/ Internet:www.nmaterguality.org �/ V United States Environmental Protection Agency Form Approved. Washington,D.C.20460 OMB No.2040-0057 EPA Water compliance Inspection Re ort Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type Ncoo3957s 111 12I o9/02/19 1 17 181 rl 19I s1 l- 20 I Remarks 1 I NJ Z 15I 11LJ z1111 III llllll11111111J111111111111111111111111116 ------------ -----------Reserved-------------------80 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA " 67I 169 70 U 71I i 721 NI 73�74 75l 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) 08/09/01 01:00PM 09/02/19 Jackson County WWTP - Exit Time/Date Permit Expiration Date 1871 N River Rd Sylva NC 28779 02:30 PM 09/02/19 12/10/31 Name(s)of Onsite Representative(s)rritles(s)/Phone and Fax Number(s) Other Facility Data Stan D Bryson/ORC/828-586-9318/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Joe Cline,PO Box 1051 Sylva NC 28779/// No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement Operations&Maintenance Records/Reports Self-Monitoring Program Facility Site Review 0 Compliance Schedules 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 Keith Baynesf ARO WQ//828-296-4500/ -S Q Don Price 'y Point Source Branch//828-296-4500/ .a Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards% ARO WQ//828-296-4500/ 34vivo' EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3I I11 12I NC0039578 09/02/19 I17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) See comments in inspection report. The ORC is doing a good job of operating the facility considering the condition of the plant. In order to meet sampling requirements, the effluent composite sample should be collected flow proportionally. Since this is currently not an option, TWSA can make a request to do constant time/constant volume sampling provided it can be shown that effluent flow rates vary less than 15%, as discussed during the inspection. i Page# 2 Permit: NCO039578 owner-Facility: Jackson County WWTP Inspection Date: 02/19/2009 Inspection Type: Compliance Evaluation Yes No NA NE Compliance Schedules ---- -,_--._ 0 ❑ GI Is there a compliance schedule for this facility? Is the facility compliant with the permit and conditions for the review period? ❑ ❑ n Comment: Yes No NA NE Operations& Maintenance ------------ Is the plant generally clean with acceptable housekeeping? Cl 0 Q Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge N Q ❑ ❑ Judge, and other that are applicable? Comment: Yes No NA NE Permit ----------- (If the present permit expires in 6 months or less). Has the permittee submitted a new application?, n ❑ Is the facility as described in the.permit? #Are there any special conditions for the permit? n Is access to the plant site restricted to the general public? n ❑ 0 Is the inspector granted access to all areas for inspection? 0 ❑ 0 Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ® � ❑ Is all required information readily available, complete and current? n Are all records maintained for 3 years(lab. reg. required 5 years)? Are analytical results consistent with data reported on DMRs? Q ❑ ❑ ■ Is the chain-of-custody complete? fl Dates, times and location of sampling Name of individual performing the sampling Results of analysis and calibration ■ Dates of analysis Name of person performing analyses Transported COCs ■ Are DMRs complete: do they include all permit parameters? ■ ❑ Has the facility submitted its annual compliance report to users and DWQ? 0 ■ ❑ (If the facility is=or>5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? 0 ❑ ® Q Page# 3 Permit: NCO039578 Owner-Facility: Jackson County WWTP Inspection Date: 02/1 912 0 0 9 Inspection Type: Compliance Evaluation Record Keeping - Yes No NA NE Is the ORC visitation log available and current? I_1 n n Is the ORC certified at grade equal to or higher than the facility classification? 0 00 Is the backup operator certified at one grade less or greater than the facility classification? 0 (_) 0 Is a copy of the current NPDES permit available on site? n Q Q Facility has copy of previous year's Annual Report on file for review? ❑ [I D Comment: THe 2008 report has not been submitted. Flow Measurement_Effluent Yes No NA NE #Is flow meter used for reporting? D Q 0 Is flow meter calibrated annually? I] 0 Is the flow meter operational? D 0 Q (If units are separated) Does the chart recorder match the flow meter? Q 00 Comment: Pump Station -influent Yes No NA NE Is the pump wet well free of bypass lines or structures? 0 00 Is the wet well free of excessive grease? 0 fl D - Are all pumps present? m ❑ n D Are all pumps operable? ❑ 0 0 Are float controls operable? ® ❑ D 0 Is SCADA telemetry available and operational? ❑ ® D D Is audible and visual alarm available.and operational? ❑ Q n Comment: There is no SCADA. Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical n Are the bars adequately screening debris? n ® Q Q Is the screen free of excessive debris? ® D rl ❑ Is disposal of screening in compliance? ® 0 D 0 Is the unit in good condition? 0 ® 0 0 Page# 4 Permit: NCO039578 Owner-Facility: Jackson County WVVI"P Inspection Date: 02/19/2009 Inspection Type: Compliance Evaluation Yes No NA NE Bar Screens -- Comment: The unit is old and in need of replacement and will be upon completion of the new plant. Yes No NA NE l gqualization_Basins — Is the basin aerated? Is the basin free of bypass lines or structures to the natural environment? ❑ n Is the basin free of excessive grease? �_ n (Elf ❑ Are all pumps present? Are all pumps operable? fl 0 � Are float controls operable? ❑ 0 n Are audible and visual alarms operable? nnp #Is basin size/volume adequate? Comment: Yes No NA NE Aeration Basin_ s Ext.Air Mode of operation Diffused Type of aeration system Is the basin free of dead spots? ❑ n ❑ Are surface aerators and mixers operational? ❑ nn ® Are the diffusers operational? Is the foam the proper color for the treatment process? ❑ ❑ Does the foam cover less than 25%of the basin's surface? Q 0 Is the DO level acceptable? ❑ ❑ ❑ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ n Comment: Yes No NA NE Secondary Clarifier Is the clarifier free of black and odorous wastewater? ❑ Q O Is the site free of excessive buildup of solids in center well of circular clarifier? 0 MOOD Are weirs level? Is the site free of weir blockage? ® n Is the site free of evidence of short-circuiting? ❑ ® � ❑ Is scum removal adequate? Page# 5 Permit: NCO039578 Owner-Facility: Jackson County WWrP Inspection Date: 02/19/2009 Inspection Type: Compliance Evaluation .Secondary Clarifier Yes No NA NE Is the site free of excessive floating sludge? 0n 0 n Is the drive unit operational? ❑ n n Is the return rate acceptable(low turbulence)? n n n Is the overflow clear of excessive solids/pin floc? n Nn n Is the sludge blanket level acceptable?(Approximately'/,of the sidewall depth) m n n n Comment: These clarifiers do an inadequate job due to their configuration (rectangle). They will be replaced with the new construction. Disinfection-Gas Yes No NA NE Are cylinders secured adequately? m ❑ n n Are cylinders protected from direct sunlight? ❑ n n Is there adequate reserve supply of disinfectant? ❑ n 0 Is the level of chlorine residual acceptable? 0 n n Is the contact chamber free of growth, or sludge buildup? ❑ n n Is there chlorine residual prior to de-chlorination? n Cl Cl n Does the Stationary Source have more than 2500 Ibs of Chlorine(CAS No. 7782-50-5)? n ® n n If yes,then is there a Risk Management Plan on site? ® 0 n n If yes,then what is the EPA twelve digit ID Number?(1000-_-_) If yes,then when was the RMP last updated? Comment: Less than 2500 Ibs. De-chlorination Yes No NA NE Type of system? Gas Is the feed ratio proportional to chlorine amount(1 to 1)? ® ❑ Q n Is storage appropriate for cylinders? ® n 00 #Is de-chlorination substance stored away from chlorine containers? n ® n n Are the tablets the proper size and type? n n No Comment: close-by Are tablet de-chlorinators operational? n n ■ n Number of tubes in use? 0 Comment: Effluent Sampling Yes No NA NE Page# 6 Permit: NCO039578 Owner-Facility: Jackson County WWTP Inspection,Date: 02/19/2009 Inspection Type: Compliance Evaluation Yes No NA NE Effluent Sampling -- - ❑Is composite sampling flow proportional? ❑ ❑ Is sample collected below all treatment units? Is proper volume collected? n ❑ ❑ ❑ ❑ ❑ Is the tubing clean? #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? rl [1 ❑ Is the facility sampling performed as required by the permit(frequency, sampling type representative)? ❑ ❑ ❑ Comment: Not flow portional Page# 7 a ° NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H Sullins Dee Freeman , Beverly Eaves Perdue Secretary Governor Director March 5, 2009 DWQ Project# 09-0029 Transylvania County Indian Lake Club Frank Campbell PO Box 371, Slick Fisher Rd. Lake Toxaway,NC 28747 Subject Property: Indian Lake Underdrain Repair and Dredging Indian Creek Sav02 4-5-(3) Indian Lake Sav02 4-5-(1) Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Campbell: You have our approval, in accordance with the attached conditions and those listed below,to place fill within or otherwise impact 0.01 acres of wetlands, 0.07 acres of open water,and 40 feet of streams for the purpose of lake under drain repair and dredging at the subject property, as described within your application dated January 6,2009 and received by the N.C. Division of Water Quality(DWQ) on January 9,2009. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3687 (GC3687),3688 (GC 3688). The Certification(s) allows you to use Nationwide Permit(s) 3 and 33 when issued by the US Army Corps of Engineers (USAGE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including(but not limited to) Erosion and Sediment Control,Non- discharge, and dam safety regulations. Also,this approval to proceed with your proposed.impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 permit. This approval is for the purpose and design that you described in your application. If you change your project,you must notify us and you may be required to send us 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 fills for this project(now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional or site specific conditions listed below. The Additional and Site Specific Conditions of the Certifications are: 1. impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: One NorthCarolhia Location:2090 U.S.Highway 70,Swannanoa.North Carolina 28778 Phone:828-296-45001 FAX:828-299-70431 Customer Service.1-877-623-6748 Internet:www ncwaterquality.orq An Equal Opportunity'••Affirmative Action Employer Indian La. Page March 5, 200, Amount Approved (Units) Plan Location or Reference Stream 40 (feet) S 1 T 404/CAMA Wetlands 0.01 (acres) W 1 T Waters 0.07 (acres) 01 T 2. Lake Drawdown Such that this project will be required to comply with 15A NCAC 02H.0506, the drawdown of the lake shall utilize a surface withdrawal in order to not discharge entrapped sediments to the receiving stream. The withdrawal fixture shall be suspended at or near the surface with floats and shall be monitored such that the water level is reduced no more than one vertical foot per day(in accordance with Dam Safety Guidelines). The withdrawal will be discontinued as soon as the discharge water reaches the entrapped sediments such that turbid water is not discharged from impoundment. 3. Instream Sediment Monitoring Plan a. Physical Monitoring of the stream below the dam for sediment impacts shall be accomplished prior to any work performed; specifically, the draining of the lake. Physical Monitoring of the stream shall be accomplished by evaluation of the streambed for approximately 1,000 linear feet below the dam at a minimu►n of four stations. Stations are to be delineated on a USGS Topographic map. Evaluation at the four stations must include channel cross-sections, photo documentation and installation of instream gauged measuring devices (e.g indexed rebar or other material). A Physical Monitoring(Prior to Work) Report must be sent to the Division of Water Quality Asheville Regional Office. b. Stations shall be inspected visually by or under the direction of the Responsible Party or Agent at least once every seven calendar days and within 24 hours after any storm event of greater than 0.5 inches of rain per 24-hour period. c. If stream impacts are determined to have occurred, all work shall immediately cease and actions must be taken immediately to prevent further stream impacts. The Responsible Party or Agent shall notify Division of Water Quality Asheville Regional Office(828-296-4500)within 24 hours of first knowledge of these impacts or first business day thereafter. d. Upon completion of work, a final evaluation of all stations shall be performed. Evaluation shall include channel cross-sections and photo documentation. A Physical Monitoring(Post Work) Report must be sent to Division of Water Quality Asheville Regional Office within thirty days of completion of work. 4. No Impacts Beyond those in Application No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas below the dam or beyond the footprint of the impacts depicted in the Pre-Construction Notification. All activities shall be performed such that no violations of state water quality standards, statutes, or rules occur. 5. 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. Continuous reading and recording turbidi-meters shall be installed below the dam. Should the 10 NTU limit be exceeded, all work shall immediately cease, the Asheville Regional Office of the Division of Water Quality shall be contacted by phonq at 828- 296-4500 and appropriate measures shall be implemented prior to returning to work. Indian Lake Club Page 3 of 4 March 5,2009 6. Work in the Dry-Water Release Work Your letter to Army Corps of Engineers dated January 7, 2009 submitted with your application states that"Additional information on the method to be used to capture the inflow and route it around the bottom drain will be provided after draining." Prior to beginning repair work you must submit the method you plan to implement in order to work in the dry without impacts downstream of lake to the Division of Water Quality Asheville Regional Office for approval. 7. Water Release Structure The minimum water release plan for the proposed dam must be approved in writing by this Office before the approved impacts may occur The plan must include a written explanation of them specific discharge rate and mechanism to provide for each required release The plan must also include any design specifications details and calculations to show that the release shall be achieved in the given conditions The plan shall also include monitoring that ensures compliance.The plan and any associated facilities once approved must be in place and implemented upon the completion ofthe dam. The impoundment discharge should be monitored to ensure thermal impacts to waters will not exceed the temperature standard for mountain streams Unless otherwise stipulated by the Division of Water Quality discharge water temperatures should be routinely monitored and compared to inflow water temperatures to ensure compliance 8. Filling Lakes When filling in-line lakes, residual flow in the streams below the dams must be maintained to protect aquatic life. This can be accomplished by partially opening the gate valve during the filling process. However,turbid water should not be discharged. Until the water in the lake is clear, flexible pipe should be used to maintain any stream flow, if applicable, around the lake. 9. "Re-opener" Clause Indian Lake Club and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act)and any other appropriate requirements of State law and federal law. Indian Lake Club shall require its contractors (and/or agents)to comply with all of the terms of thisCertification, and shall provide each of its contractors (and/or agents) a copy of this Certification. A copy of this Certifi cation-shalI be included in the construction contract and available on the job site at all times. If DWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the certification,DWQ shall notify Indian Lake Club and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Indian Lake Club in writing, and shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties, The 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 404 or CAMA Permit. Indian La, Page 4 March 5,200> 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 the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone lan McMillan or Cyndi Karoly in the Central Office in Raleigh at 919-733-1786 or Linda Wiggs in the DWQ Asheville Regional Office at 828-296-4500. Sincerely, /1-1 Coleen H. Sullins, Director CHS/Isw Enclosures: GC 3687,3688 Certificate of Completion cc: Wetlands Unit USACE Asheville Regulatory Field Office DWQ Asheville Regional Office DLR Asheville Regional Office \ File Copy Central Files _ Fish and Wildlife Assoc. Pam Boaze PO Box 241, 25 Water Tower Lane Whittier,NC 28789 Pinnacle Engineers JC Bumgarner 84 Weaverville Rd. Ste. 4 Asheville,NC 28804 Filename: G:\WPDATA01:MWQ\Transylvania\401s\09-0029APPROVAL.doe 11 1®r NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary SURFACE WATER PROTECTION March S, 2009 MEMORANDUM TO: Jeff Manning Bryn Tracy Erik Fleck FROM: Roger Edwards SUBJECT: Amendment to ARO Study Request for LTN Basin 2009 Sampling dated February 24, 2009 As requested in the memorandum dated February 24, 2009 the Asheville Regional Office (ARO) requests 2009 sampling be performed on the Little Tennessee Index # 2-(68.5) reach and all its Tributaries from Cowee to Sawmill for determination for suitability as Outstanding Resource Waters (ORW). This request stands, Noted in that memorandum was a request to resolve "errors" in 213.0303 for waterbodies that do not carry the Trout classification, but flow to waterbodies that are classified Trout waters. Throughout the entire Little Tennessee Basin this error exists. Although ARO believes this to be a significant error for the protection of the resource, it could have been an oversight in 1974 when the classifications were assigned. To avoid lengthy attempts to resolve what occurred with these watersheds over three decades ago ARO requests Use Attainability Studies be performed to determine if the Trout classification is suitable where the error exists. However, because the entire basin exhibits the error ARO does not wish to bog down the system with a sweeping request, therefore the two watersheds listed below have been selected as priority for Trout study during the 2009 sampling event. Tessentee Creek(2-9) Tributaries 2-9-1 thru 2-9-8 Coweeta Creek(2-10) Tributaries 2-10-1-1 thru 2-10-1-3-1,2-10-2-1,2-10-3-1, 2-10-4 thru 2-10-4- 1. Cc: ARO file SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One Location:2090 I.J.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarOlina Phone:828-296-45001 FAX:828-299-7043 t Customer Service-1-877-623-6748 �� `yr�®�� Internet: www ncwaterquality.org b An Equal Opportunity i Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary SURFACE WATER PROTECTION March 6, 2009 MEMORANDUM TO: Jeff Manning Elizabeth Kountis FROM: Roger C. Edwards ; SUBJECT: ARO Prioritization of ORW/HQW and Request to Proceed with Public Hearings The Asheville Regional Office (ARO) has evaluated the list of streams submitted by the Classification and Standards Unit (CSU) to the Regions on January 30, 2009 for prioritization of reclassification to High Quality Water (HQW) or Outstanding Resource Water (ORW). Attached is a table listing the streams in priority (1,2,3)by Basin. 1f a list has to be compiled that only lists `- the top three then proceed on the table from top to bottom with the number"1" listed streams (ie. North, West, Middle Fork FrB, Glady Frk, Cherryfield Crk first; CTB Rvr, Left Prong CTB second; YDK Rvr, Buffalo Crk third). The number "1" listed streams are the "headwater streams for these basins, which are extremely vulnerable to impacts and require swift action to protect. The ARO supports moving forward immediately with the reclassification process. All of the streams listed in the attached table, with the exception of Little Tennessee, have been scientifically evaluated and recommended for ORW or HQW classification by the Environmental Sciences Branch (ESB); the French Broad Basin rivers recommended February 11, 2008, the Yadkin Basin rivers recommended September 5, 2007 and December 17, 2007, the Catawba Basin Rivers recommended February 5, 2008 and March 17, 2008. Recently through conversations the ARO has gauged the level of support or opposition by local officials and citizens for these reclassifications. Thus far, feedback from officials and citizens has been in support of the reclassifications. Our mission statement and the scientific evidence should receive primary consideration in this process in order for momentum to be maintained. The data and recommendations have been submitted for the streams listed in the table. The need for protection to these watersheds is immediate. ARO requests CSU please move forward to public hearing. SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828.296-45001 FAX:828-299-7043\Customer Service:1-877-623-6748 A�hwlly Internet: www.ncwaterquality.org An Equal Opportunity i Aftirmalive Action Employer . ..__....... ___..........._..._.._. _..... .._.... . ARO Priority List March 6, 2009 Page 2 of 2 Due to.proximity, local jurisdiction, and DWQ resources it is requested that the streams be lumped together as listed on the table, (ie all of the headwater streams on the French Broad [West Frk FrB, N. Frk FrB, Middle Fk Frb, Glady Fk, Cherryfield Crk]), and proceed together to Public Hearing. The number "1" French Broad streams listed flow to the French Broad River near the Town of Rosman, this is where the Public Hearing should be held. Included on the attached list is a priority watershed that is requested for ORW sampling this summer. The Little Tennessee Index # 2-(65.5) reach and all its Tributaries from Cowee to Sawmill are specifically requested for Outstanding Resource Water evaluation. This area has been requested for study per memo dated February 24, 2009 to Bryn Tracy, Erik Fleek and Jeff Manning. This section of the Little Tennessee River exhibits recreational value, encompasses the Needmore Tract of land, has rated excellent for benthos in 5/23/07, and has listed E/T species. Attachment: ARO Priority Watersheds for Reclassification to ORW/HQW Cc: ARO File Environmental Sciences Branch-Trish MacPherson F7 O n oox'^ O N N J u.. £ Q W v D R a Z a 10 a O d U o c/ ® N ® U' LL W 0 h 'F Wi-w r� Z o 0 0 0 0 ®L N N N N N r N o o o 0 0 000 00 01 N N N N N N N N N N o if C N N N N N N ri UJ, U U U � Q c U U U U U U U U U U m W m x x x x x x x x x x W W W W '6 m W W W W W W W W W W LU � L Q ® � ¢ o�c ¢ ¢ir (r¢¢ m� a c ro c cc ui a m m m UU UUU UU ¢ 3-''c2 -ALL m 2: — c-S aU U U UU > > L1J Q > � m o o c c LL r c m ° o IE Flop _ LL LL U U O LL ® L Al LL IL E. N a r m aar ._¢ ''¢a cr a¢ cc¢' o m z 'm m .m m mm m m m. Z go..V U. UU C) LL 0 ;m LL .ALL `ALL LLLL LL'LLLL LL-LL: LU ff LL a U 1 N LL Q m m q m S ® li LL U ro U ¢ , aYi > c 17 J m LL .� as � m � U � mm m > > aci 12 NO O IY O W > > > U c to Z 9 O U cc� Z Z U 2 r Z Z LL LL LL as 2 cc c Q. �"� o 1 tyi. . . N Y N as N N N ID6. N N (O M j L > ® Q j > > W O a cvri� CaN N c0 c0 LLU N O U-Ui c[} m (� 7 0 pc '2„ a 2 C7 U U U U CO r �v3o dv o=yv N -xo rn x cti. "°ri ri LIJ c 2>UOo �m J a N Cl) (O.- (7 C�°] p w.�d o-n 2 U 2 -O.�- N N C N C V- Jcb ii SD I�r 11 Z- 2 U = CV Cl) r ¢ a 0 O 0m g O1 � a � aw rCDEH-R North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Dee Freeman . Beverly Eaves Perdue Secretary Governor Director March 6, 2009 Joe Cline Tuckaseigee Water & Sewer Authority 1246 W Main St Sylva NC 28779 SUBJECT: Compliance Evaluation Inspection Cashiers Plant #3 WWTP Permit No: NCO063321 Jackson County Dear Mr. Cline: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted on February 19 2009. Don Price and I of the Asheville Regional Office conducted the Inspection. The facility was found to be in Compliance with permit NC0063321. Please refer to the enclosed inspection report for additional observations and comments. The assistance provided by Ben Henson during the inspection was greatly appreciated: If you or your staff has any questions, please do not hesitate to contact me at 296-4500. pney ayn s� Envronmental Senior Specialist Enclosure cc: Ben Henson, ORC Central Files Asheville Files G:\WPD,`, EMWQ\Jackson\63321 Cashiers WWTP\CEI-02192009.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location;2090 U.S.Highway 70, Swannanoa, NC 28778 NOT'thCarollii1a Phone: (828)296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748atuj'a64j/ Internet:www.nc aterguality.org United States Environmental Protection Agency Form Approved. Washington,D.C.20460 OMB No.2040-0057 EPA Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) NPDES yr/mo/day Inspection Type Inspector FacType Transaction Code 17 18I C I 19I g I 20I 1 INI 2 I5I 31 NCO063321 111 121 09/02/19 Remarks IjJ6 �11III IIII IIII IIIIIIIIIIIIIIII IIIIIIIIIIII Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CAA --------------------------Reserved------------------ 67 I 169 70 11 71 I ( 72 I 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) 07/11/01 10:45 AM 09/02/19 Cashiers Plant *3 WWTP Exit Time/Date Permit Expiration Date NCSR 1114 11:55 AM 09/02/19 12/08/31 Cashiers NC 28717 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Ben L Henson/ORC/828-586-5189/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Stan D Bryson,1246 w Main St Sylva NC 28779//828-586-9318/ yes % Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Flow Measurement Operations&Maintenance N Records/Reports Self-Monitoring Program N Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Agent lOffice/Phone and Fax Numbers bate Name(s)and Signature(s)of Inspector(s) Y > Keith Haynes ARO wQ//828-296-4500/ 3( S�0 c� Don Price Point Source Branch//828-296-4500/ 3 /6 A enc /Office/Phone and Fax Numbers Date Signature of Management Q A Reviewer 9 Y Roger C Edwards -�C ARO WQ//828-296-4500/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 3I NC0063321 1 11 121 09/02/19 117 18Icl Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The ORC is doing an excellent/outstanding job in the operations and maintenance of this facility. A deck has been built on the front of the office building. TWSA should consider, and is encouraged to allow the operator to stain and/or water seal this structure in order to extend the life of the deck, and allow for continued housekeeping. It is a real pleasure to see an organization allow an operator to take pride in the WWTP. It is also suggested that TWSA allow the operator to plant and establish decorative vegetation at the WWTP. This will improve the asthetic quality and image of the facility to neighbors and the general public. Page# 2 Permit: NCO063321 Owner-Facility: Cashiers Plant#3 VWVfP Inspection Date: 02/19/2009 Inspection Type: Compliance Evaluation Yes—No NA NE Operations & Maintenance ■ DOCK Is the plant generally clean with acceptable housekeeping? Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ O D Judge, and other that are applicable? Comment: The facility is extremely maintained and very well operated. Mr. Henson is to be commended for his excellent work! Yes No NA NE Permit (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ® DDD Is the facility as described in the permit? MOOD #Are there any special conditions for the permit? MOOD Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? Comment: Yes No NA NE Flow Measurement-Effluent #Is flow meter used for reporting? ■ D D D Is flow meter calibrated annually? MOOD Is the flow meter operational? (If units are separated) Does the chart recorder match the flow meter? OnO Comment: The new flow meter and composite sampler are not yet connected. TWSA should make use of the new equipment. Yes -No _NA_ NE Bar Screens Type of bar screen ■ a.Manual n_ b.Mechanical ODD Are the bars adequately screening debris? MOOD Is the screen free of excessive debris? MOOD Is disposal of screening in compliance? Is the unit in good condition? Comment: Yes No NA NE Equalization Basins MOOD Is the basin aerated? Is the basin free of bypass lines or structures to the natural environment? ■ O O D Page# 3 Permit: NCO063321 Owner-Facility: Cashiers Plant#3 wwTP Inspection Date: 02/19/2009 Inspection Type: Compliance Evaluation Equalization Basins Yes No NA NE Is the basin free of excessive grease? ® n n n Are all pumps present? ® n n 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: The plant has plenty of equalization basin capacity. 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? ® Q n n 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? ® 0 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 Is the return rate acceptable(low turbulence)? ® n n n Is the overflow clear of excessive solids/pin floc? n n n Is the sludge blanket level acceptable?(Approximately /4 of the sidewall depth) ® ❑ n 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 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 n Does the foam cover less than 25%of the basin's surface? ® n n n Is the DO level acceptable? ® n n n i Page# 4 Permit: NC0063321 owner-Facility: Cashiers Plant#3 VVWTP Inspection Date: 02/19/2009 Inspection Type: Compliance Evaluation Yes No NA NE Aeration Basins Is the DO level acceptable?(1.0 to 3.0 mg/1) Comment: Yes No NA NE Filtration (High Rate Tertiary) Gross flow Type of operation: Is the filter media present? Is the filter surface free of clogging? Is the filter free of growth? Is the air scour operational? ■ ❑ 00 Is the scouring acceptable? ® CI ❑ Q Is the clear well free of excessive solids and filter media? Comment: Only one of the two filters are operated at a time. Yes No NA NE Disinfection-Liquid ® pQrl Is there adequate reserve supply of disinfectant? (Sodium Hypochlorite) Is pump feed system operational? ® Q ❑ Is bulk storage tank containment area adequate?(free of leaks/open drains) 0 Is the level of chlorine residual acceptable? Q ❑ ❑ Is the contact chamber free of growth, or sludge buildup? ❑ Q ■ Is there chlorine residual prior to de-chlorination? ❑ Comment: Yes No NA NE De-chlorination Liquid Type of system? ■ ❑ Q ❑ Is the feed ratio proportional to chlorine amount(1 to 1)? QQ 0 ❑ Is storage appropriate for cylinders? #Is de-chlorination substance stored away from chlorine containers? ■ Q ❑ ❑ Comment: ❑ Q ❑ Are the tablets the proper size and type? Qn Q Are tablet de-chlorinators operational? Number of tubes in use? Comment: Dechlor is mixed on site Yes No NA NE Effluent Sampling __ Page# 5 Permit: NC0063321 Owner-Facility: Cashiers Plant#3 WWTP Inspection Date: 02/19/2009 Inspection Type: Compliance Evaluation Effluent Sampling Yes No NA NE Is composite sampling flow proportional? C1 ■ 0 Q Is sample collected below all treatment units? ■ 0 n n Is proper volume collected? ® Q Q 0 Is the tubing clean? ® 0 n Q #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ 0 0 0 Is the facility sampling performed as required by the permit(frequency, sampling type representative)? ■ n C1 01 Comment: Connecting the new flow meter and sampler will remedy this. Page# 6 RCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Secretary Governor March 6, 2009 Mr. Parks Banks Post Office Box 387 Barnardsville, North Carolina 28709 Subject: 15A NCAC 02T .0403 Maintenance of Private Sewers Buncombe County Dear Mr. Banks: The North Carolina Environmental Management Commission in 15A North Carolina Administrative Code 02T .0403 (15A NCAC 02T .0403) established the operational and maintenance requirements applicable to sewer systems which have not been issued individual Collection System Permits. The collection system on your property and serving your Brownwood Mobile Home Park is such a system. I am attaching a copy of 15A NCAC 02T .0403 for your reference. This - regulation requires that you effectively maintain and operate the collection system at all times, have a map of the system, have an operational and maintenance plan for the system, inspect high-priority lines every six months, c accordance general the regulations f the entire system once each year, report overflows and conduct a grease control program. The regulations require that all of the above- described activities be documented. I refer you to the attached copy of the full regulation for a more complete discussion of the requirements. Inspection are conducted to determine compliance with these collection system operational and maintenance requirements. Should you need to discuss this matter please do not hesitate to call me at 828(296-4500). Sincerely, Roy M. avis Environmental Engineer Xc: Surface Water Protection Section Central Files GAWPDATA\DEMWQ\Buncombe\MSD Collection System\Mosswood-Weiss\Deemed Permited Letter.09.doc SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One NOIthCar011I1a Location:2090 U.S Highway 70,Swannanoa,North Carolina 28778 X&rallp( Phone:828-296-4500\FAX•828-299-7043\Customer Service:1-877-623-6748 Internet: wvww.ncwaterquallty.org An Equal Opportunity'..Affirmative Action Employer .ter AF NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 6, 2009 Mr. Henry Fisher: Nik-Pik Market 678 North Louisiana Avenue Asheville, North Carolina 28806 Subject: 15A NCAC 02T .0403 Maintenance of Private Sewers Buncombe County Dear Mr. Fisher: The North Carolina Environmental Management Commission in 15A North Carolina Administrative Code 02T .0403 (15A NCAC 02T .0403) established the operational and maintenance requirements applicable to sewer systems which have not been issued individual Collection System Permits. The collection system on your parent's property and serving their Altamont Mobile Home Park is such a system. I am attaching a copy of 15A NCAC 02T .0403 for your reference. This regulation requires that you effectively maintain and operate the collection system at all times, have a map of the system, have an operational and maintenance plan for the system, inspect high-priority lines every six months, conduct a general observation of the entire system once each year, inspect pump stations not connected to telemetry daily, report overflows in accordance with the regulations and conduct a grease control program. The regulations require that all of the above-described activities be documented. I refer you to the attached copy of the full regulation for a more complete discussion of the requirements. Inspection are conducted to determine compliance with these collection system operational and maintenance requirements. Should you need to discuss this matter please do not hesitate to call me at 828(296-4500). Sincerely, Roy M. Davis Environmental Engineer Xc: Surface Water Protection Section Central Files G:\WPDATA\DEMWQ\Buncombe\MSD Collection System\Mosswood-Weiss\Deemed Permited Letter- Fisher.09.doc SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE Noe Carolina Location.2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500\FAX:828 299-70431 Customer Service:1-877-623-6748 Na&rally Internet. www.ncwaterquality.org An Equal Opportunity�Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Secretary Governor March 6,2009 Mr. Keith R. Henry, Registered Agent Fields Forever LLC 56 Central Avenue, Suite 202 Asheville, North Carolina 28801 Subject: 15A NCAC 02T .0403 Maintenance of Private Sewers Buncombe County Dear Mr. Henry: The North Carolina Environmental Management Commission in 15A North Carolina Administrative Code 02T .0403 (15A NCAC 02T .0403) established the operational and maintenance requirements applicable to sewer systems which have not been issued individual Collection System Permits. The sewage collection system on Fields Forever property along North Louisiana Avenue is such a system. I am attaching a copy of 15A NCAC 02T .0403 for your reference. This regulation requires that you effectively maintain and operate the collection system at all times, have a map of the system, have an operational and maintenance plan for the system, inspect high-priority lines every six months, conduct a general observation of the entire system once each year, report overflows in accordance with the regulations and conduct a grease control program. The regulations require that all of the above- described activities be documented. I refer you to the attached copy of the full regulation for a more complete discussion of the requirements. Inspection are conducted to determine compliance with these collection system operational and maintenance requirements. Should you need to discuss this matter please do not hesitate to call me at 828(296-4500). incerely, Roy M. bavis Environmental Engineer Xc: Surface Water Protection Section Central Files G:\WPDATA\DEMWQ\Buncombe\MSD Collection System\Mosswood-Weiss\Deemed Permited Letter- Fields Forever.09.doc SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One NOIt�1C2T Ohi1a Location:2090 U.S Highway 70,Swannanoa,North Carolina 28778 Naturally Phone 828-296-4500\FAX:828-299-7043\Customer Service.1-877-623-6748 Internet: www,ncwaterq(iality.org An Equai Opportunity Affirmative Action Employer A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Dee Director- Freeman Beverly Eaves Perdue Secretary Governor March 6, 2009 Mr. & Mrs. Frank Silvers 14 Oakmoss Lane Asheville, North Carolina 28806 Subject: 15A NCAC 02T .0403 Maintenance of Private Sewers Buncombe County Dear Mr. & Mrs. Silvers: The North Carolina Environmental Management Commission in 15A North Carolina Administrative Code 02T .0403 (15A NCAC 02T .0403) established the operational and maintenance requirements applicable to sewer systems which have not been issued individual Collection System Permits. The sewage collection system on your Fields Forever property is such a system. I am attaching a copy of 15A NCAC 02T .0403 for your reference. This regulation requires that you effectively maintain and operate the collection system at all times, have a map of the system, have an operational and maintenance plan for the system, inspect high-priority lines every six months, conduct a general observation of the entire system once each year, report overflows in accordance with the regulations and conduct a grease control program. The regulationsattached copy of f thehe above- described activities be documented. I refer you the regulation for a more complete discussion of the requirements. Inspection are conducted to determine compliance with these collection system operational and maintenance requirements. Should you need to discuss this matter please do not hesitate to call me at 828(296-4500). Sincerely, Roy M. D vis Environmental Engineer Xc: Surface Water Protection Section Central Files GAWPDATA\DEMWQ\Buncombe\MSD Collection System\Mosswood-Weiss\Deemed Permited Letter- Silvers.09.doc SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One L Location:2090 U.S.Highway 70,Swannanoa,North Carolina 2877$ N01 tilCarOhYla Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 �/r�f/ral`Jf Internet: www.ncwaterquality,org An Equal Opportunity`..Aflirrnalive Action Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coieen H. Sullins Dee Freeman Beverly Eaves Perdue Secretary Governor Director March 6, 2009 Glen Frank Wilderness Creek Falls 20019 Highway 64 West Murphy, North Carolina 28906 Subject: 401 Water Quality Certification —Approval Modification Wilderness Creek Falls DWQ Project# 08-1287 Version 2 Cherokee County HIW02 1-93-1 GO1SE5 Class C HIW02 1-92 GO SE8 Class C Dear Mr. Frank: The DWQ has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. This approval is modified as per your consultants request, dated March 4, 2009. Approval has been granted to place fill within 300 linear feet of streams, 0,0772 acres of wetlands and the restoration of 1,356 linear feet of streams for the purpose of residential development along your property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3705. This Certification allows you to use Regional General 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 General 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) Stormwater, 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 Location 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One t t Phone:828 296-450M FAX:828-299 70431 Customer Service:1-877-623-6748 1 y ortl ics`j.1 o``fina Internet:www.iicwaterquality.ory �+�g��y�/'/ .An Fquai Oppotviity'1..fitt�rmal!ve;Action L.rnrloyer i�l b t� 1- Glen Frank March 6,2009 Page 2 of 5 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 LocatiInreference Streams 20 (linear feet) Plan Impact Streams 10 (linear feet) Plan ImpactStreams 30 (linear feet) Plan ImpactStreams 30 (linear feet) Plan ImpactStreams 10 (linear feet) Plan Impact Streams 25 (linear feet) Plan Impact Streams 30 (linear feet) Plan Impact # 9 Streams 30 (linear feet) Plan Impact # 10 Streams 15 (linear feet) Plan Impact # 14 Streams 35 (linear feet) Plan Impact # 15 Streams 20 (linear feet) Plan Impact # 16 Streams 10 (linear feet) Plan Impact # 17 Streams 5 (linear feet) Plan Impact # 27 Streams 20 (linear feet) Plan Impact# 28 Streams 10 (linear feet) Plan Impact # 30 Wetlands 0.0022 (Acres) Plan Impact #18 Wetlands 0.006 (Acres) Plan Impact # 19 _ Wetlands 0.069 (Acres) Plan Impact # 26 � The following culvert replacements 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: Plan Location or Reference Streams Plan Impact# 13 Streams Plan Impact # 20 Streams Plan Impact # 21 i i ,,09 .if 5 Mitigation The following mitigation is hereby approved as long as all of the other specific and general conditions of this Certification are meta No other impacts are approved including incidental impacts: Amount mitigation (Units) Plan LocatilonRefere]nce Streams 30 (linear feet) Plan Impac Streams 308 (linear feet) Plan Impac Streams 40 (linear feet) Plan ImpacStreams 50 (linear Feet) Plan ImpacStreams 258 (linear Feet) Plan ImpacStreams 300 (linear Feet) Plan ImpacStreams 120 (linear Feet) Plan ImpacStreams - - - 20 (linear Feet)- Plan Impac - 1. Impervious Surface Thresholds You have indicated an impervious surface area of less than 20% in the PCN Application dated October 27, 2008 and approved by this written 401 Water Quality Certification. You are reminded that if a compliance inspection determines that you have triggered Condition No. 12 in GC No. 3705, you will be required to develop, submit for DWQ approval,and implement Stormwater Management Plans. The stormwater management plan must include construction plans, specifications, stormwater BMP worksheets, and supporting calculations. The stormwater best management practices are required to be appropriate for the surface water classification and designed to remove at least 85%TSS according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. 2. Turbidity Standard The turbidity standard of 50 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. 4. The water release structure for the impoundment to remain in place must be designed for mid-column release during normal flows and during low flow conditions it must also provide for low flow release to the downstream channel. Performance Thresholds: 1. Within 30 days of issuance of this Certification, dewatering of the two impoundments slated for stream restoration shall be accomplished from the surface via a skimmer or pump down. The discharge of either drawdown procedure shall not destabilize the downstream stream segment, and shall be discharged at non-erosive velocities. All drawdown shall be completed within 60 days of issuance of this Certification. Glen Frank March 6,2009 Page 4 of 5 2. Within 75 days of issuance of this Certification, both impoundments slated for removal will be breached and all spoils carried off to high ground with appropriate measures to control erosion. 3. Within 80 days of issuance of this Certification, stream restoration shall begin. Within 100 days of issuance of this Certification, stream restoration shall be complete, and buffer replanting shall begin. Necessary steps such as regular watering and fertilization shall be performed on all planted material. Plantings shall be in accordance with the Guidelines for Riparian Buffer Restoration (attached). 4. On, or before, June 15, 2009, you shall submit as-built surveys of all restoration reaches (including the reclaimed mine area); including, photo documentation and survey reference points. Annually, for a period of five (5) years, these reference points shall be resurveyed and photographed, and a report submitted by August 1 of each consecutive year, documenting the status and stability of the restored reaches of stream, and include a narrative description of any necessary maintenance work required. 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. J09 .,f 5 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 828-296-4500. Sincerely, i Coleen H. Sullins, Director CHSIkhb Eric: GC 3705 (previously provided) cc: Jennifer Robertson, Wetland and Natural Resource Consultants, Inc. USACE Asheville Regulatory Field Office Wildlife Resources Commission—David McHenry 401 Permitting Unit—Central Office File Copy G:\WPDA'PA\DEM WQ\Cherokee\401 s\WildernessCreekFalls\08-1287.Ver2_Approval Modification,doe 'NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 6, 2009 Dr, Greg Thorpe, PhD., Manager Project Development and Environmental Analysis North Carolina Department of Transportation 1548 Mail Service Center Raleigh,North Carolina, 27699-1548 Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act for Proposed Improvements to US Highway 64 from east of the Hiwassee River to east of NC Highway 175 in Clay County, Federal Project No. APD-16-1 (20), TIP No. A-0011 BB, DWQ Project No. 2008-0396V.2 Dear Dr. Thorpe: Attached hereto is a modification of Water Quality Project No. 20080396 issued to the North Carolina Department of Transportation dated April 25, 2008. This modification is applicable only to the additional proposed activities. All the thorized activities and conditions of certification associated with the original Water Quality Certification dated April 2008, still apply, except where superseded by this Certification. These impacts are covered by General Water Quality Certifications Nos. 3704, 3688 corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 14 and 33. If we can be of further assistance, do not hesitate to contact us. Sincerely, Coleen Sullins, Director Attachments cc: David Baker, USACE, Asheville Field Office J. B. Setzer, Division Engineer,NCDOT Division 14 Kathy Matthews, Environmental Protection Agency Marla Chambers,NCWRC Marella Buncick,USFWS Transportation Permitting Unit Mike Parker, Asheville Regional Office SURFACE WATER PROTECTION SECTION—Asheville Regional Office(ARO) � 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828.296-45001 FAX:828-299-7043 Otle Customer Service:1-877-623-6748 NOltl CC iroli a Internet:www ncwaterguality.org tp/yal f/ An Equal Opportunity A(finnative Action Employer bt t/tiR 1� Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 92-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500. This certification authorizes the NCDOT to place additional fill material, 10 linear feet of pipe, in streams and relocate two(2) unnamed tributaries to John Reece Branch, for a total of 230 linear feet, in the Hiwassee River Basin in Clay County. The project shall be constructed pursuant to the modification request dated February 23, 2009. The authorized impacts are as described below: Table 1-Stream Impacts in the Hiwassee River Basin for Project A-0011 BB Site Stream Temporary Permanent Temporary Total Stream Relocation Fill in Fill in Dewatering in Stream Impacts (If) Intermittent Perennial Perennial Impact Requiring Stream (If) Stream (if) Stream (if) (If) Mitigation 1 Approved Impacts at 0 0 57 42 99 0 Site 4 New Impacts with this 160 0 0 0 1 00 1 00 Approval at Site 4A* New Impacts with this 70 0 0 0 70 70 Approval at Site 4B** New Impacts with this 0 0 10 0 10 0 Approval at Site 4C*** Total 1 230 0 10 0 240 230 Total Additional Stream Impact for Project: 240 linear feet. *Site 4A—Relocation of spring seep, ut to John Reece Branch,from new spring box. Existing channel 110 linear feet. New channel 160 linear feet. ** Site 4B-Relocation of spring seep, ut to John Reece Branch,from new spring box. Existing channel 120 linear feet. New channel 70 linear feet. ***Site 4C-Replace existing 190, x 18" CMP with 200' x 30" CMP. Ten (10) linear feet of fill. The application provides adequate assurance that the discharge of fill material into the waters of the Hiwassee River Basin in conjunction with the proposed construction will not result in a violation of applicable Water Quality Standards and discharge guidelines. There, the State of North Carolina certifies that this activity will not violate the applicable portions of Section 301, 302, 303, 3065 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. - This approval is only valid for the purpose and design that you submitted in your modified application dated February 23, 2009 and received February 26, 2009. All authorized activities and conditions of certification associated with the original Water Quality Certification dated April 25,2008, still apply except where superceded by this certification. Should your project change,you are required to notify the Division of Water Quality 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 the conditions. if any additional wetland impacts or stream impacts for this project(now or in the future)exceed one acre or 150 linear feet, respectively, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed below. 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 Certification will expire on the same day as the expiration date of the corresponding US Army Corps of Engineers Permit�._� .rtion(s) of Certification: All other conditions written into previous Water Quality Certifications dated April 25, 2008, for this project still apply. 2. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, this Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 3. All channel relocations will be constructed in a dry work area and stabilized before stream flows are diverted. Channel relocations 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.. Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. A transitional phase incorporating coir fiber and seedling establishment is allowable. Also, riprap 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 riprap coverage requested. 4. Compensatory mitigation for impacts to 230 linear feet of streams at a replacement ratio of T:1 is required. Compensatory mitigation for impacts to jurisdictional streams shall be provided by onsite stream relocations of 230 linear feet of stream. The onsite stream relocation shall be constructed in accordance with the design submitted in your February 23, 2009 application. 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 230 linear feet of impacts. 5. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 6. 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 or Federal law. If DWQ determines that such standards or laws are not being met (including failure to sustain a designated achieved use) or that State of Federal law if being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification. 7. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery. 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 the 61h day of March 2009 DIVISION OF WATER QUALITY ZAP-- i Coleen Sullins Director WQ Project No. 080396V.2 cc: David Baker, USACE, Asheville Field Office J. B. Setzer, P.E., Division 14 Engineer Mark Davis, Division 14 DEO Kathy Matthews, USEPA Marla Chambers,NCWRC Marella Buncick, USFWS Transportation Permitting Unit Mike Parker, Asheville Regional Office 080396V.2(Thorpe)US Highway 64 Modification �Affl m1ra ASEENNEM NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 6, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED 70o2 0460 0001 9899 7002 Mr. Larry Townsend Grade 3 WW-Cent. Number 11841 230 Puckett Road Banner Elk, N.C. 28604 Subject: Show Cause Meeting Newland WWTIP NPDES Permit No. N00021857 Avery County Dear Mr. Townsend: This letter is to notify you the Asheville Regional Office of the Division of Water Quality is requesting you attend a show cause meeting concerning the operation, maintenance, and record keeping for the Town of Newland WWTP, National Pollutant Discharge Elimination System (NPDES) Permit number NCO025381 located in Avery County. It has come to staff attention in the Asheville Regional Office that concerns were noted regarding composite sample collection practices at the Newland WWTP, monthly discharge monitoring reports, and observations made during a recent site visits to the facility. You are listed as the Operator in Responsible Charge for this facility. You are requested to bring all information necessary to explain operation, maintenance, reporting, and sampling for the Newland WWTP, for the past three (3) years in accordance with NCAC T15A 02B .0506 (c) (3). This is to include all Logs, Process Control Bench sheets, Logs of Operator rounds, solids wasting data and any other information you feel important regarding the operation and maintenance of the facility. r�One 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 ` ``ort,h``- aro�na Internet:www.ncwaterquality.org ,/ antral` An Equal Opportunity 1 Affirmative Action Employer (� e/ .. .............. Mr. Townsend March 6, 2009 Page Two This Show Cause Meeting will be held in the conference room at the Asheville Regional Office located at 2090 U.S. Highway 70 in Swannanoa, N.C. at 10:00 AM on March 30, 2009. Based on the information provided at this meeting a decision will be made as whether or not to refer this issue to the Chairman of the Water Pollution Control System Operators Certification Commission for further action. If you have any questions concerning this matter, please contact Donald R. Price at 828/296-4500. Sincerely, Roger C. Edwards Regional Supervisor, Surface Water Protection Division of Water Quality cc: Jerry Rimmer, Technical Assistance & Certification Unit Supervisor Don Price Keith Haynes Keith Hoilman, Town of Newland Public Works Director Water Quality Labs & Operations, Banner Elk,N.C. d®® h North Carolina Department of Environment and Natural Resources Division of Water Quality Dee Freeman Beverly Eaves Perdue Coleen H.Sullins Secretary Governor Director March 9, 2009 Mr.J. Robert Boyette, City Manager City of Marion Post Office Drawer 700 Marion, North Carolina 28752 Subject:`Permit No.WQ0033867 City of Marion Sugar Hill Road Wastewater Collection System Extension McDowell County Dear Mr. Boyette: In accordance with your application received on March 3, 2009 we are forwarding herewith Permit No.WQ0033867, dated March 9, 2009, to the City of Marion for the construction and operation of the subject wastewater collection system extension. This permit be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please pay particular attention to Permit Condition 3 that requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. ` Failure to comply may result in penalties in accordance with North Carolina General Statute§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional office Internet http://h2o.enr.state.nc.us/ 2090 US Highway 70,Swannanoa,NC 28778 Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal opportunity Action Employer 50%recycled/10%post-consumer paper City of Marion March 9, 2009 Page 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws,Rules, and Regulations, permission is hereby granted to the City of Marion for the construction and operation of approximately 6,000 linear feet of 8- inch diameter gravity sewer; a 200—gallon per minute sewage pumping station with duplex pumps, audible and visual high water alarms,telemetry, and an on-site permanently installed emergency power generator with automatic transfer switch, a 306—gallon per minute sewage pumping station with duplex pumps, audible and visual high water alarms, telemetry, and an on-site permanently installed emergency power generator with automatic transfer switch; as well as approximately 5,000 linear feet of 6-inch diameter force main to serve the Sugar Hill Road area and the discharge of 35,840 gallons per day of collected domestic wastewater into the City of Marion's existing sewerage system, pursuant to the application received on March 3, 2009 and in conformity with 15A NCAC 2H .0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the City of Marion Wastewater Treatment Facility (Permit No. N00031879) prior to being discharged into the receiving stream If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, for Cofeen H. Sullins, Director Division of Water Quality cc: McDowell County Building Inspector Asheville Regional Office, Surface Water Protection (WWTF Permit No.N00031879) David L. Honeycutt, PE Water Quality Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES CITY OF MARION SUGAR FALL ROAD WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0033867 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned.herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide NCAC 2Hn0227 m a permit for he operation and maintenance of these facilities as required by 1 al permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H .0227: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. I Permit No. W00033867 City of Marion Sugar Hill Road McDowell Countv March 9 2009 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the ":Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the'Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report b telephone to a water quality staff member at the Asheville Regional a p Y p Y g Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 ,it No. WQ0033867, Qityof M rign Sljgar.Hill Road, M Dow II Qou.nty March 9, 2009, a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate'wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shal hoursnot be lmaydalsoas tbe initial verbal report. Overflows and spills occurring outside normal business reported to the Division of Emergency Management at telephone`number(800) 8o5r8.b 36 or (9 i g 733-3300.Persons reporting any of the above occurrences shall file a p p y Part I of Form CS-SSO (or the most current Division approved form), within fiveday toolensing first hat knowledge of the occurrence. This report shall outline the actions to proposed the problem does not recur. Per Condition 1(2), Part II of Form CS-s beyondO (orthe most current Division approved form) can also be completed to show that the SSO Permit issued this the 9`h day of March, 2009 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for ole' n H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0033867 3 Permit No WQ0033867`City of Marion, Sugar Hill Road McDowell County, March 9 2009 .ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: 5,000 linear feet of 8-inch diameter gravity sewer; a 200—gallon per minute sewage pumping station with duplex pumps, audible and visual high water alarms, telemetry,and an on-site permanently installed emergency power generator with automatic transfer switch, a 306—gallon per minute sewage pumping station with duplex pumps, audible and visual high water alarms, telemetry, and an on-site permanently installed emergency power generator with automatic transfer switch; as well as approximately 5,000 linear feet of 6-inch diameter force main Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings(plan & profile views of sewer lines) of the wastewater collection system extension • supporting design.calculations (selected pumps, system curve, operating point, available storage if portable. generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. .North Carolina Professional Engineer's seal, signature, and date: ..................................................................................................... SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. irCDEN-R North Carolina Department of Environment and Natural Resources Division of Water Quality Caleen H. Sullins Dee Freeman . Beverly Eaves Perdue Secretary Governor Director March 9, 2009 Jerry Sisk Coats American Inc PO Box 368 Marion NC 28752 SUBJECT: Compliance Evaluation Inspection Sevier Plant Permit No: N00004243 McDowell County Dear Mr. Sisk: Enclosed please find a copy of the Compliance Evaluation Inspection report conducted on February 27 2009. Jeff Menzel and Roy Davis of the Asheville Regional Office conducted the Compliance Evaluation Inspection. The facility was found to be in Compliance with permit NC0004243. 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 Enclosure cc: Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One�1CaTOh/ria Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NOPt Phone: (828)296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 Internet:www.nc aterguaiity.org G:\WPDATA\DEMWQ\Mcdowell\Coats 04243 United States Environmental Protection Agency Form Approved. Cf_!'1 Washington,D.C.20460 OMB No.2040-0057 LJ Approval expires 8-31-98 Water Com pliance liance inspection Report Section A: 'National Data System Coding(i.e.,PGS) Transaction Code NPDES y r/mo/day Inspection Type Inspector Fac Type 1 1 NI 2 I �I 31 Nc0004243 111 121 o9/oz/z7 117 181 r1 19I GI 201 4- L! Remarks lJ J LJ 211IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII6 L --- Reserved ----- ----- -ao Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ------------- --- 67 69 701 1 711 1 721 NI 73�74 751 I I I I Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 05/09/01 01:00 PM 09/02/27 Sevier Plant Exit Time/Date Permit Expiration Date US Hwy 221 N Marion NC 28752 02:30 PM 09/02/27 09/12/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible official/Title/Phone and Fax Number Contacted Jerry G McKinney,PO Box 368 Marion NC 28752//828-75674111/8288375767 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) J\ Permit ®Flow Measurement ®Operations&Maintenance ®Records/Reports Self-Monitoring Program ®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 Roy M Davis `�\\ ARO WQ//828-296-4500 Ext.4659/ Jeff. Menzel ARO WQ//828-296-4500/ 5�O WV Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ARO WQ//828-296-4500/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3I NC0004243 I11 12I 09/02/27 I17 181CI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) No violation of permit requirements or applicable regulations were observed during this inspection. The waste water plant appears to be operating well. J Page# 2 Permit: NC0004243 owner-Facility: Sevier Plant Inspection Date: 02/27/2009 Inspection Type: Compliance Evaluation Yes No NA NE Permit -- (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑. Is the facility as described in the permit? 0011 ❑ ❑ ■ ❑ #Are there any special conditions for the permit? Is access to the plant site restricted to the general public? ❑ ® ❑ Is the inspector granted access to all areas for inspection? ® ❑ ❑ ❑ Comment: Yes No NA NE, Operations & Maintenance Is the plant generally clean with acceptable housekeeping? ® ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge ■ 00. n Judge, and other that are applicable? Comment: The wastewater plant was in good working order. Yes No NA NE Aeration Basins - Ext.Air Mode of operation Surface Type of aeration system ■ ❑ ❑ n i Is the basin free of dead spots? Are surface aerators and mixers operational? 000 El Are the diffusers operational? ❑ Q ® ❑ Is the foam the proper color for the treatment process? ® ❑ ❑ Does the foam cover less than 25%of the basin's surface? ■ ❑ ❑ ❑ Is the DO level acceptable? ❑ ❑ ❑ ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ ■ Comment: Yes No NA NE Secondary Clarifier Is the clarifier free of black and odorous wastewater? ■ Q 11 C3 Is the site free of excessive buildup of solids in center well of circular clarifier? ® ❑ ❑ 0 ■ ❑ Cl ❑ Are weirs level? ■ ❑ ❑ ❑ Is the site free of weir blockage? Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑ Is scum removal adequate? ■ ❑ ❑ ❑ Is the site free of excessive floating sludge? ■ ❑ ❑ ❑ Page# 3 Permit: NC0004243 Owner-Facility: Sevier Plant Inspection Date: 02/27/2009 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the drive unit operational? ■ D Q Q Is the return rate acceptable(low turbulence)? ■ D n 0 Is the overflow clear of excessive solids/pin floc? ■ 0 Q Q Is the sludge blanket level acceptable?(Approximately''/4 of the sidewall depth) n ❑ [ ■ Comment: The clarifier was working well however the weir teeth have be to deteriorate due to age; these should be replaced in the future. Disinfection-Liquid Yes No NA NE Is there adequate reserve supply of disinfectant? ® ❑ n Q (Sodium Hypochlorite)Is pump feed system operational? ® ❑ Q Q Is bulk storage tank containment area adequate?(free of leaks/open drains) ■ 0 n Q Is the level of chlorine residual acceptable? ■ o Q n Is the contact chamber free of growth,or sludge buildup? ■ rl Q I_l Is there chlorine residual prior to de-chlorination? fl ❑ Q Comment: De-chlorination Yes No NA NE Type of system? Liquid Is the feed ratio proportional to chlorine amount(1 to 1)? ■ 0 El ❑ Is storage appropriate for cylinders? ■ Q #Is de-chlorination substance stored away from chlorine containers? ■ ❑ D ❑ Comment: Are the tablets the proper size and type? ❑ (1 ■ o Are tablet de-chlorinators operational? ❑ Q ■ [i Number of tubes in use? Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ■ ❑ Q Q Is sample collected below all treatment units? ■ Q 0 0 Is proper volume collected? ■ El n Is the tubing clean? ■ ❑ Q 0 #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ ❑ n Q Page# 4 Permit: NC0004243 Owner-Facility: Sevier Plant Inspection®ate: 02/27/2009 Inspection Type: Compliance Evaluation Yes No NA NE Effluent Sampling _ n Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ® ❑ ❑ Comment: This facility is conducting flow proportional sampling as required by the permit. Yes No NA NE Effluent Pipe Is right of way to the outfall properly maintained? ® 0 ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? 0000 If effluent (diffuser pipes are required) are they operating properly? Comment: The effluent was clear and did not appear to be impacting the receiving stream. Page m 5 Am, a® NCDENR North Carolina Department of Environment and Natural Resource Division of Water Quality Coleen H. Sullins Dee Freeman Beverly Eaves Perdue Governor Director Secretary March 10, 2009 Mr. Jim Fatland, Town Manager Town of Highlands 210 North Fourth Street Highlands, North Carolina 28741 Subject: Permit No.WQ0033876 Town of Highlands Sequoyah Lake Wastewater Collection System Extension Macon County Dear Mr. Fatland: In accordance with your application received on March 6, 2009 we are forwarding herewith Permit No. WQ0033876, dated March 10, 2009, to the Town of Highlands for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please pay particular attention to Permit Condition 3 that requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet http://h2o.enr.state.nc,us/ 2090 US Highway 70,Swannanoa,NC 28778 Telephone (828)296-4500 Fax (828)299-7043 DENR customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%o post-consumer paper Town of Highlands March 10, 2009 Page 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Town of Highlands for the construction and operation of approximately 19,057 linear feet of 8-inch diameter gravity sewer; two 78-gallon per minute sewage pumping stations both with duplex pumps, audible and visual high water alarms, telemetry, and on-site permanently installed emergency power generators with automatic transfer switches to serve the Sequoyah Lake area and the discharge of 53,400 gallons per day of collected domestic wastewater into the Town of Highland's existing sewerage system, pursuant to the application received on March 6, 2009 and in conformity with 15A NCAC 2H .0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Town of Highlands' Wastewater Treatment Facility (Permit No. NC0021407) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Macon County Building Inspector Asheville Regional Office, Surface Water Protection (WWTF Permit No.N00031879) Michael J. Waresak, PE Water Quality Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TOWN OF HIGHLANDS MACON COUNTY SEQUOYAH LAKE SEWER IMPROVEMENTS WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT W00033876 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless`.specifically; mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained collection system all Limit for the mes. The Permittee shall maintain compliance with an individual system wide sYs operation and maintenance of these facilities as required by 15A NCAC 2H .0227 d in 15A NCAC 2H . If an individual permit is not required, the following performance criteria shall be met as provided .0227: a+. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 213 .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. , f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. I Permit No W00033876 Town of Highlands Sequoyah Lake Sewer Improvements Macon County March 10 20V. 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater, to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 26 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 _nit No WQ0033876 Town of Highlands Seauovah Lake Sewer lmprove mPnts Macon County March 10 2009 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line _blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or'(919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form.CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence.`This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 10t" day of March, 2009 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for VInH. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0033876 3 Permit No. W00033876`Town of Highlands. Sequu yah Lake Sewer Improvements Macon County, March 10 20U, ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: 19,057 linear feet of 8-inch diameter gravity sewer; two 78-gallon per minute sewage pumping stations with duplex pumps, audible and visual high water alarms, telemetry, and on- site permanently installed emergency power generators with automatic transfer switches Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I. as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑full time) the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ....:............................................. . SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ................................................................................................ The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. \ -4 7- A CC D EIRR North Carolina Department of Environment and Nat ural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins DeeFreeman Governor Director Secretary March 10, 2009 Jim Fatland Town of Highlands 210 N Fourth St Highlands NC 28741 SUBJECT: Compliance Evaluation Inspection Highlands WWTP Permit No: NCO021407 Macon County Dear Mr. Fatland: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted on February 19 2009. Don Price and I of the Asheville Regional Office conducted the Compliance Evaluation Inspection. The facility was found �.� to be in Compliance with permit NC0021407. Please refer to the enclosed inspection report for additional observations and comments. The assistance provided by Alec Templeton during the inspection was greatly appreciated. If you or your staff has any questions, please do not hesitate to contact me at 828-296-4500. Sincerely, eit Hayn Encironmental Senior Specialist Enclosure cc: Alec Templeton, ORC Central Files Asheville Files G:\WPDATA\DEMWQ\Macon\21407 Highlands WWTP\02192009CELdoc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S. Highway 70,Swannanoa, NC 28778 NOrthCarolina Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 Internet:www ncwaterquality.ora United States Environmental Protection Agency Form Approved. Washington,D.C.20460 OMB No.2040 Q05 EPA / 7 Water Compliance Inspection Re oft Approval expires 8 31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 I 31 NC0021407 111 121 o9/02/19 117 18L � L_ 191 I 20U -! Remarks l 211111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIllll111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----- ----- --------Reserved--------- ---- -- 67I 69 70U 71I i 721 NI 73J__U 74 75I 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) 08/04/01 09:00 AM 09/02/19 Highlands WWTP Exit Time/Date Permit Expiration Date Arnold Rd Highlands NC 28741 10:10 AM ;09/02/19 12/11/30 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Alec Templeton//828-586-9318 / Alec Hayes Templeton/ORC/828-526-0504/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Jim Fatland,210 N Fourth St Highlands NC No 28741//828-526-5266/8285262595 Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit ®Flow Measurement ®Operations.&Maintenance ®Records/Reports Self-Monitoring Program ®Facility Site Review ®Effluent/Receiving Waters Section D: Summary of Findin /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 Keith Haynes 1 ARO WQ//828-296-4500/ 3,q,0qj Don Price r'�I/�,J� Point Source Branch//828-296-4500/ 3 -to 0 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Dat Roger C Edwards ARO WQ//828-296-4500/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete: Page# 1 NPDES yr/mo/day Inspection Type 1 3I NCO021407 I11 12I 09/62/19 ( 17 181CI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The facility is well operated and appeared to be well maintained. Page# 2 Permit: NCO021407 Owner-Facility: Highlands WWfP Inspection Date: 02/19/2009 Inspection Type: Compliance Evaluation Yes No NA NE Operations &Maintenance is the plant generally clean with acceptable housekeeping? ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids,pH, DO, Sludge ■ ❑ ❑ ❑ Judge,and other that are applicable? Comment: Yes No NA NE Permit (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Is the facility as described in the permit? ® 1300 #Are there any special conditions for the permit? ❑ ❑ ■ ❑ Is access to the plant site restricted to the general public? ■ ❑ Q ❑ Is the inspector granted access to all areas for inspection? 0 ❑ Q Comment: Yes No NA NE Record Keeping Are records kept and maintained as required by the permit? ® ❑ ❑ ❑ Is all required information readily available,complete and current? ® ❑ ❑ ❑ Are all records maintained for 3 years(lab. reg. required 5 years)? 0000 Are analytical results consistent with data reported on DMRs? ■ ❑ ❑ ❑ Is the chain-of-custody complete? ■ ❑ ❑ ❑ Dates,times and location of sampling Name of individual performing the sampling Results of analysis and calibration Dates of analysis Name of person performing analyses ■ ■ Transported COCs Are DMRs complete:do they include all permit parameters? ■ ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ® ❑ ❑ ❑ (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? ❑ ❑ ■ ❑ Is the ORC visitation log available and current? ■ ❑ ❑ El Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ■ El ❑ Is a copy of the current NPDES permit available on site? ❑ ❑ ❑ Page# 3 .._ .......-.- Permit: NG0021407 Owner-Facility: Highlands WVVrP Inspection Date: 02/19/2009 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Facility has copy of previous year's Annual Report on file for review? ® n n D Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual fl b.Mechanical Are the bars adequately screening debris? ■ 0 n n Is the screen free of excessive debris? ® Cl n Cl Is disposal of screening in compliance? ■ ❑ n n Is the unit in good condition? ■ o ❑ n Comment: Sequencing Batch Reactors Yes No NA NE Type of operation: Duplex Is the reactor effluent free of solids? ■ n n n Does minimum fill time correspond to the peak hour flow rate of the facility? ■ ❑ n n Is aeration and mixing cycled on and off during fill? ■ n n n The operator understands and can explain the process? ■ n n n Comment: Filtration (High Rate Tertiary) Yes No NA NE Type of operation: Is the filter media present? ■ ❑ n n Is the filter surface free of clogging? ■ ❑ n Is the filter free of growth? ■ n n n Is the air scour operational? n ❑ ■ n Is the scouring acceptable? ■ n n Cl Is the clear well free of excessive solids and filter media? ■ n Cl n Comment: Disinfection -UV Yes No NA NE Are extra UV bulbs available on site? ■ ❑ ❑ Are UV bulbs clean? ■ f1 00 Page# 4 Permit: NC0021407 Owner-Facility: Highlands WWTP ' Inspection Date: 02/19/2009 Inspection Type: Compliance Evaluation Yes No NA NE Disinfection -UV Is UV intensity adequate? Cl El 0 Is transmittance at or above designed level? ® � Is there a backup system on site? Is effluent clear and free of solids? ® 0 Comment: No backup system with the exception of extra bulbs and two units Yes No NA NE Effluent Sampling Is composite sampling flow proportional? 0 0 Is sample collected below all treatment units? ® 0 Ejnn Is proper volume collected? Is the tubing clean? ❑ ❑ D #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ® 00 n Is the facility sampling performed as required by the permit(frequency,sampling type representative)? m ❑ Q ❑ Comment: Yes No NA NE Effluent PipCl D Is right of way to the outfall properly maintained? ® 0 Are the receiving water free of foam other than trace amounts and other debris? ® ❑ 0 0 If effluent (diffuser pipes are required) are they operating properly? Q Cl ® ❑ Comment: Page# 5 �T�n7 Beverly Eaves Perdue,Governor Dee Freeman,Secretary North Carolina Department of Environment and Natural Resources > —t Coleen H.Sullins,Director Division of Water Quality March 10, 2009 Summit Charter School Foundation Cheryl Benitez PO Box 2493 Cashiers, NC 28717 Subject: Stormwater Permit No. SW1081101 Summit Charter School Low Density Stormwater Project Jackson County Dear Ms. Benitez: The Stormwater Permitting Unit received a complete Stormwater Management Permit Application for Summit Charter School on November 7, 2008. The plans and specifications resubmitted and received by the Asheville Regional Office on February 20, 2009 has been reviewed by staff and determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000 and Session Law 2006-246. We are forwarding Permit No. SW1081101, dated March10, 2009, for the construction, operation and maintenance of the subject project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. 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 thirty (30) days following receipt of this permit. 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, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Linda Wiggs at (828) 296-4500, or Linda.wiggs@ncmail.net. Sincerely, for Coleen H. Sullins cc: Asheville Regional Office Central Files SPU Files NorthCarolina Naturally North Carolina Division of Water Quality Asheville Regional Office 2090 US HWY 70 Swanoanoa NC 28778 Customer Service Internet: www.ncwaterquality.ora Phone(828)-296-4500 Fax (919)807-6494 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper State Stormwater Permit Permit No.SW1081101 STATE OF NORTH CAROL.INA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT 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 Summit Charter School Foundation Summit Charter School Mitten Lane, Jackson County FOR THE construction, operation and maintenance of a 7.26% low density tract in compliance with the provisions of 15A NCAC 2H .1000 and S.L. 2006-246 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: 1. DESIGN STANDARDS 1. This permit covers the construction of 79,052 square feet of built-upon area. 2. The overall tract built-.upon area percentage for the project must be maintained at 7.26%, as required by Session Law 2006-246 of the stormwater rules. 3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 4. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the Division. 5. No piping is allowed except that minimum amount necessary to direct runoff beneath an impervious surface such as a road or to provide access. 6. All roof drains must terminate at least 30 foot from the mean high water mark. 7. The built-upon areas associated with this project shall be located at least 30 feet landward of all perennial and intermittent streams. 8. Level Spreaders are required at the end of any swale prior to discharging to a jurisdictional wetland or any surface water. Page 1 of 4 State Stormwater e Permit No.SW1081 II. SCHEDULE OF COMPLIANCE 1. The permittee is responsible for verifying that the proposed built-.upon area does not exceed the allowable built-upon area. 2. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 3. This project may not be sold or subdivided in whole or in part without first receiving a permit modification from the Division. 4. The following deed restrictions must be recorded with the Office of the Register of Deeds: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW1081101, as issued by the Division of Water Quality under the stormwater rules. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. This project is permitted for a maximum of 79,052 square feet of built- upon area. Construction of additional built-upon area in excess of this amount will require a permit modification. g. This project may not be sold or subdivided, in whole or in part,without first receiving a permit modification from the Division. h. Construction of additional impervious areas such that low-density requirements are no longer met will require a permit modification prior to construction. An engineered system will be required to collect and treat the runoff from all built-upon area associated with the project, including that area permitted under the low density option. i. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with this development, except for average driveway crossings, is strictly prohibited by any persons. j. The built-upon areas shall be located a minimum of 30 feet landward of all perennial and intermittent surface waters. 5. A copy of the recorded restrictions must be received in this Office within 30 days of the date of sale. 6. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the permitted development, except for average driveway crossings, is strictly prohibited by any persons. Page 2 of 4 State Stormwater Permit Permit No.SW1081101 7. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area. e. Further subdivision, acquisition, or sale of the project area in whole or in part. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval was sought. f. Filling in, altering or piping any vegetative conveyance shown on the approved plan. & Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their intended use prior to the construction of any built-.upon surface. 9. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 10. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at optimum efficiency to include: a. Inspections b. Sediment removal. c. Mowing, and re-vegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. 11. Within 30 days of completion of the project, the permittee shall certify in writing that the project has been constructed in accordance with the approved plans. 12. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. III. GENERAL CONDITIONS 1. This permit is not transferable to any person or entity except after notice to and approval by the Director. The Director may require modification or revocation and re-issuance of the permit to change the name and incorporate such other requirements as maybe necessary. In the event of a name or ownership change, a completed Name/Ownership Change form, signed by both parties, must be submitted to the Division of Water Quality accompanied by the supporting documentation as listed on page 2 of the form. The approval of this request will be considered on its merits, and may or may not be approved. 2. The permittee is responsible for compliance with all permit conditions until the Director approves a transfer of ownership. Neither the sale of the project nor the transfer of common areas to a third party, such as a homeowner's association, constitutes an approved transfer of the stormwater permit. Page 3 of 4 _.._....__._.._.__. . State Stormwater P, Permit No.SW1081It, 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Session Law 2006- 246, Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al. 5. In the event that the 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 the Division, such as the construction of additional or replacement stormwater management systems. 6. The permittee grants permission to DENR Staff to enter the property during normal business hours, for the purpose of inspecting all components of the stormwater management facility. 7. The permit issued shall continue in force and effect until revoked or terminated. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re-issuance, or termination does not stay any permit condition. 8. Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 10. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations,or ordinances, which may be imposed by other government agencies (local, state and federal), which have jurisdiction. 11. The permittee shall notify the Division in writing of any name, ownership or mailing address changes at least 30 days prior to making such changes. Permit issued this the 1 Ot" day of March 2009. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION - - -- --- --------------------------- - for Co lee H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Page 4 of 4 Beverly Eaves Perdue,Governor Dee Freeman,Secretary�Q North Carolina Department of Environment and Natural Resources p Coleen H.Sullins,Director r- Division of Water Quality —i Asheville Regional Office SURFACE WATER PROTECTION March 10, 2009 Mr. Ken Galloway The Havens PO Box 883 Murphy,NC 28906 SUBJECT: Notice of Violation Response and Sediment Removal Plan Approval The Havens DWQ Tracking Number: NCR001383 Reference: NOV-2009-PC-0060 Cherokee County Dear Mr.Galloway: A Notice of Violation(NOV), referenced above, was issued on January 26, 2009 for The Haven development along Johnsville Road in Cherokee County. Nathan Galloway provided a response for this NOV to the Division of Water Quality on March 5, 2009. The NOV requested sediment - removal, specifically Required Response II.B. Nathan Galloway provided a Sediment Removal Plan as part of the response to the NOV. This Sediment Removal Plan is approved. Activities involved in this approved plan, as well as submittal of the final report, are to be completed within forty-five (45) days of this approval letter or by the end of April 2009. Sincerely, 1,14y Linda Wiggs Environmental Specialist Surface Water Protection cc: ARO File Copy No e hCarolir Natura!!b 2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone: (828)296-4500 Fax:(828)299-7043 Customer Service 877-623-6748 G:\WPDATA\DEMWQ\Cherokee\Stormwater Construction NCG01\Haven\HavenSedimentRemovalAPPROVE.doc dv A T€� Beverly Eaves Perdue,Governor J. p Dee Freeman,Secretary 03 North Carolina Department of Environment and Natural Resources "I Coleen H.Sullins,Director C� Division of Water Quality March 10, 2009 Mr. Mark Lewis Idylwood Properties 29 East Shore Drive Asheville,North Carolina 28805-2201 Subject: Notice of Violation and Recommendation for Enforcement NOV-2008-PC-0107 Firefly Mountain (NCR00694) Incident Closure Madison County Dear Mr. Lewis: The Division of Water Quality (DWQ) has received the Firefly Mountain Final Report from Civil Design Concepts, related to the Notice of Violation and Recommendation for Enforcement NOV-2008- PC-0107. DWQ has reviewed the information provided and conducted a follow-up site visit on March 6, 2009. The written response and the sediment removal results observed at the site have satisfactorily resolved the violations noted in the subject Notice of Violation and Recommendation for Enforcement. This letter in no way precludes this Office for taking action on this or any other violation. Violations are subject to civil penalty assessment of up to$25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Linda Wiggs at(828)296-4500. Sincerely, t C. fT. Edwards Surface Water Protection Section Regional Supervisor cc: Univest Holdings Dana Hamric 11675 Rainwater Drive Ste. 665 Alpharetta, GA 30004 CDC-Jesse Gardner PO Box 5432 Asheville NC 28805 ARO File Copy NPS Assistance and Compliance Oversight Unit one NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)2994043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post consumer Paper r4j, North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 10, 2009 Mr. Larry Callicutt, Town Manager Town of Bryson City Post Office Box 726 Bryson City, North Carolina 28713 Subject: Permit No. WQ0033866 Town of Bryson City Tuckaseigee River Pump Station Wastewater Collection System Extension Swain County i Dear Mr. Callicutt: In accordance with your application received on-February 27, 2009 we are forwarding herewith Permit No. WQ0033866, dated March 10, 2009,to the Town of Bryson for the construction and operation of the subject wastewater collection system extension.'This permit shall be effective from the date of issuance until rescinded and shall be'subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please pay particular attention to Permit Condition 3 that requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. ' Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute§143-215.6A through §143-215.6C, construction `of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet http://h2o.enr.state.nc.us/ 2090 US Highway 70,Swannanoa, NC 28778 Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycledl10%post-consumer paper Town of Bryson City March 10, 2G9 page 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Town of Bryson for the construction and operation of approximately 2,300 linear feet of 8-inch diameter gravity sewer; a 450—gallon per minute sewage pumping station with duplex pumps, audible and visual high water alarms, telemetry, and an on-site permanently installed emergency power generator with automatic transfer switch to serve the Town of Bryson City and the discharge of 46,000 gallons per day of collected domestic wastewater into the Town of Bryson City's existing sewerage system,pursuant to the application received on February 27, 2009 and in conformity with 15A NCAC 2H .0200; 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 Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Town of Bryson City's Wastewater Treatment Facility (Permit No. N00026557) prior to being` discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following.receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service; Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding_ If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely,` for Coleen H. Sullins, Director Division of Water Quality cc: Swain County Building Inspector Asheville Regional Office, Surface Water Protection (WWTF Permit No.N00031879) Brent G. Detwiler, PE Water Quality Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND.NATURAL RESOURCES TOWN OF BRYSON CITY TUCKASEIGEE RIVER PUMP STATION WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0033866 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater 'collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted,February 12, 1996 as applicable the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000'as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data.' 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2H .0227. If an individual permit is not required, the following performance Criteria shall be met as provided in 15A NCAC 2H .0227: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface_waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 213 .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year)." Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted,at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 213 .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. 1 .Permit No W00033866 Town of Bryson City, Tuckaseigee River Pump Station Swain Caunty, March 10 2009 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the 'parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. if this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings, and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A.NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February, 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1,- 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 it No WQ0033866 Town of Bryson City Tuckaseigee River Pump Station Swain County March 10, 0009 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, ine blockage or breakage, etc.; or b. Any.failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters with treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition I(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 10`h day of March, 2009 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Uolln H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0033866 Permit No. W00033866 .Town of Bryson City, Tuckaseigee River Pump Station Swain County March 10 2009 ENGINEERING'CERTIFICATION — POST CONSTRUCTION System Description: 2,300 linear feet of 8-inch diameter gravity sewer; a 450—gallon per minute sewage pumping station with duplex pumps, audible and visual high water alarms, telemetry, and an permanently installed emergency power generator with automatic transfer switch Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s)or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project •. Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final 1, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the ` observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design, Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials North Carolina Professional Engineer's seal, signature, and date: SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C.EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. _ 444 North Carolina Department of Environment and Natural Resources Division of water Quality Dee Freeman Beverly Eaves Perdue Coleen H. Sullins Governor Director Secretary March 10, 2009 Mr. Jim Fatland, Town Manager Town of Highlands 210 North Fourth Street Highlands, North Carolina 28741 Subject: Permit No.WQ0033874 Town of Highlands Mirror Lake Wastewater Collection System Extension Macon County _j Dear Mr. Fatland: In accordance with your application received on March 6, 2009 we are forwarding herewith Permit No. WQ0033874, dated March 10, 2009, to the Town of Highlands for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference: Please pay particular attention to Permit Condition 3 that requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet http://h2o.enr.state.nc,us/ 2090 US Highway 70,Swannanoa,NC 28778 Telephone (828)296-4500 Fax (828)299 7043 DENR customer Service Center Telephone 1 800 623-7748 An Equal opportunity Action Employer 50%recycled/10%post-consumer paper Town of Highlands., March 10, 2009 Page 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Town of Highlands for the construction and operation of approximately 12,139 linear feet of 8-inch'diameter gravity sewer; a 100-gallon per minute sewage pumping station with duplex pumps, audible and visual high water alarms, telemetry, and an on-site permanently installed emergency power generator with automatic transfer switch to serve the Mirror Lake area and the discharge of 54,900 gallons per day of collected domestic wastewater into the Town of Highland's existing sewerage system, pursuant to the application received on March 6, 2009 and in conformity with 15A NCAC 2H .0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit: The sewage and wastewater collected by this system shall be treated in the Town of Highlands' Wastewater Treatment Facility (Permit No. NC0021407) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon,written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Macon County Building Inspector Asheville Regional Office, Surface Water Protection (WWTF Permit No.N00031879) Michael J. Waresak, PE Water Quality Central Files PERCS Files i NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TOWN OF HIGHLANDS MACON COUNTY MIRROR LAKE SEWER IMPROVEMENTS WASTEWATER COLLECTION,SYSTEM EXTENSION PERMIT WQ0033874 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000"as applicable; and other supporting materials unless specifically mentioned herein.' 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2H .0227. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H .0227: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. t Permit No W00033874 Town of Highlands Mirror take Sewer Improvements, Macon County March 10 20Q9 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification,one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June ,1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 „t No W00033874 Town of Highlands, Mirror Lake Sewer Improvements Macon Countv, Marrh 10 2009 a. Any process unit failure, due'to known or unknown reasons; that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number ill re ort by 68 or (919) 733-3300. Persons'reporting any of the above occurrences shall file a spill report by.completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part 11 of Form CS-SSQ (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 10`” day of March, 2009 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION VIn f r oo H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number W00033874 3 Permit No WQ0033874, Town of Highlands, Mirror Lake Sewer Improvements, Macon County. March 10 2009 ENGINEERING CERTIFICATION -POST CONSTRUCTION System Description: 12,139 linear feet of 8-inch diameter gravity sewer; a 100—gallon per minute sewage pumping station with duplex pumps,audible and visual high water alarms,telemetry, and an on-site permanently installed emergency power generator with automatic transfer switch Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature,and date: SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. "' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 11, 2009 Kevin Corpening 56 Bellview Park Road Franklin,NC 28734 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2009-SS-0008 Removal of Best Usage Macon County Response deadline: March 28, 2009 or 15 days from receipt Dear Mr. Corpening: On February 11, 2009, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection for along Smith Hill Road in Macon County. Darlene Kucken with the NC Division of Land Resources was present. l Stream standards violations were noted during the inspection. Approximately 225 feet of Poplar Cove Creek (Classified as WS-III /Trout) had been impacted by dredging activities. VIOLATIONS 1. Removal of Best Usage— 15A NCAC 02B.0211 (2)—Approximately 225 feet of Poplar Cove Creek (Classified as WS-III / Trout) had been impacted by dredging activities, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2) REQUIRED RESPONSE This Office requests that you respond in writing within 15 days of receipt of this Notice. Your response should be sent to both the attention of Mr. Chuck Cranford, Division of Water Quality, 2090 US HWY 70, Swannanoa, NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should address the following items: One 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-296-4500 t FAX:828-299.70431 Customer Service:1-877-623-6748 a��u'/y,�//,/ Internet: www.ncwaterquality.org �J v "[f An Equal Opportunity\Affirmative Action Employer Kevin Corpening March It,2009 Page 2 of 2 I. Removal of Best Usage— 15A NCAC 02B.0211 (2) a. Please submit the following documents for review and approval: Stream Restoration Plan-Please explain how you plan to restore the impacted stream channel to replace the lost habitat. Include drawings and a narrative. ■ The stream banks must be stabilized and any fill material must be removed from the riparian zone. ■ Replanting of the riparian zone will be required as required by the Water Supply Watershed rules (i.e., 30 foot vegetated buffer). ■ Please indicate in your response a detailed schedule with dates explaining when the restoration will be accomplished. The DWQ understands the US Army Corps of Engineers has required remedial action for the dredging activities and will coordinate efforts as needed. 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, he abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Chuck Cranford at(828) 296-4664, Sincerely, Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit Lori Beckwith - USACE ARO File Copy DWQ Central Files Matt Mason - Macon County Erosion Control . G:\WPDATA\DEMWQ\Macon\Complaints\Corpening\NOV-2009-SS-0008 3-1 t-09.doc 8 ®� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 11, 2009 Chuck Pickering The Biltmore Company and West Side, LLC 1 North Pack Square Asheville, North Carolina 28801 Subject: Request for More Information 401 Water Quality Certification Biltmore Estate Bridge DWQ Project# 09-0106 Buncombe County Response deadline: April 10, 2009 or 30 days from receipt REQUEST FOR MORE INFORMATION Dear Mr. Pickering: 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. The following information was provided in the application: B. 6a. Is this a phased project? No 6b. If yes, explain. "...however, once access is provided to the southwest portion of property, additional development may occur in the future. At this time, development plans for the southwest portion of the property have not been started." Provide discussion about future plans for the southwest portion of the property. If considered a phased project, impacts to waters from all phases will have to be tallied and appropriate regulatory requirements met, Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828.296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 NOrthCarofina Internet:www.ncwaterquaiq.org �"atur,y"✓GI lY An Equal Opportunity',Affirmative Action Employer fI y (t Chuck Pickering March It,2009 Page 2 of 2 2. The following information was provided in the application: D. 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. "The project was designed to make use of piers/piles, which will be drilled into place. Piers/pies require less impact than supports that would span the entire width of the bridge." Provide the data used to justify the above statement (i.e., how piers/piles provide less impact than fully spanning the river). Please provide your response in writing to the addresses below prior to April 10, 2009 or 30 days from receipt. Four copies of the required information should be provided to the 401 Permitting Unit at: Ms. Cyndi Karoly 401 Permitting Unit 1650 Mail Service Center Raleigh, NC 27699-1650 and a single copy to the Asheville Regional Office at: Chuck Cranford Surface Water Protection Section 2090 US HWY 70 Swannanoa, NC 28778 If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and we will consider the project withdrawn. This letter only addresses the preliminary application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Chuck Cranford 828-296-4664, if you have any questions. Sincerely, Roger C. Edwards Regional Office Supervisor Surface Water Protection Section cc: Liz Hair—USACE Asheville David McHenry—NC WRC Cyndi Karoly - 401 Permitting Unit ARO File copy G:\WPDATA\DEMWQ\Buncombe\401s\Biltmore Company-Bridge\Add1nfo_3-10-09.do NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 11, 2009 Dr. Gregory .1. "I hot pe, PhD,, Manager Project Development and Environmental Analysis Branch N.C. Department of Transportation = 1548 Mail Service Center Raleigh, NC 27699-1548 Subject: Correction to 401 Water Quality Certification for R-2518A, R-251813 and R-2519A, DWQ Project No. 20071 134V.3. Individual Certification No, 3706, US Highway 19/19B.. Madison and Yancey Counties. Dear Dr. Thorpe: This letter is in regards to the 401 Water Quality Certification (WQC) issued on February 20, 2009 for TIP No. R-2518A, R-2518B and R2519A (DWQ Project No. 20071 134V.3) authorizing 385 linear feet of additional permanent stream impacts for filling two (2) unnamed tributaries to Ivy Gap Branch on US Highway 19/19E in Madison County, The WQC issued on February 20, 2009 contains the following language: Condition 3. Compensatory mitigation for impacts to 285 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 285 linear feet of stream. The onsite stream relocation shall be constructed in accordance with the design submitted in your June 26, 2007 application. 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 285 linear feet of impacts. "There was a typographical error in the letter dated February 20, 2009. Please replace the February 20, 2009, letter with this corrected copy of Condition 3. This page corrects this language to read as the following: Condition 3. Compensatory mitigation for impacts to 385 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 relocation of 385 linear feet of streams. Compensatory mitigation for additional permanent impacts to surface waters will be provided from excess onsite mitigation for Section R-2815A. The onsite stream relocation shall be constructed in accordance with the design submitted in your June 26, 2007 application. 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 385 linear feet of impacts. One t Surface Water Protection Section-Asheville Regional Office NOTthCarol llna Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Naturallil Phone:828.296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 Internet:www.ncwaterguality.org An Equal Opportunity/Affirmative Action Employer Dr. Greg Thorpe, PhD. March 11, 2009 Page Two Please attach a copy of this letter with any copies of the original and modified Water Quality Certifications. All other conditions written into the previous Water Quality Certifications for this project dated October 11, 2007, March 17, 2008 and February 20, 2009, still apply except where superceded by this correction. We are sorry for any inconvenience this may have caused. If you have any questions please contact Mike Parker at 829-296-4500. Sincerely, r �W Nt Coleen H. Sullins, Director cc: David Baker, US Army Corps of Engineers, Asheville Field Office J.J. Swain, Division Engineer, NCDOT Division 13 Kathy Matthews, US EPA Marla Chambers, NCWRC Marella Buncick, USFWS Transportation Permitting Unit Mike Parker,Asheville Regional Office Correction to 071 134V.3(Thorpe)US Highway 19 Mod. 4 ® ® !rCDEH-R North Carolina Department of Environment and Natural Resources Division of Water Quality � � Caleen H.Sullins Dee Freeman Beverly Eaves Perdue Secretary Governor Director March 13, 2009 Mr. Doyle Freeman, Director Henderson County Utilities 235 St. John Road Fletcher, North Carolina 28732 SUBJECT: Compliance Sampling Inspection Status: Compliant Western Justice Academy WWTP Permit No: NCO086070 Henderson County Dear Mr. Freeman: Enclosed please find a copy of the Compliance Sampling Inspection form from the inspection conducted on March 11, 2009_ The facility appeared to be in compliance with permit NC0086070. Mr. Jones is doing a fine job of operating this facility. There are a few items which need attention: replacing the soil at the clarifier, replacement bulb for the EQ basin, extension tubes for the chlorine contact basin and GFCI outlets. Please let me know when this has been completed. Overall, this facility is being well maintained. Effluent samples were collected during the inspection and submitted to the lab for analysis. Results will be sent separately. 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, Ext. 4667, Sincerel net Cantwell Environmental Specialist Enclosure cc: DWQ Asheville Files DWQ Central Files Mark Jones/ ORC, w/ attachment G:\WPDATA\DEMWQ\Henderson\86070 Justice Academy\86070-CSL09.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S.Highway 70,Swannanoa, NC 28778 NorthCarolina Phone: (828)296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 Ngturally Internet:www ncwaterguality.org United States Environmental Protection Agency Form Approved. Washington,D.C.20460 OMB No.2040-0057 PA Water Compliance Inspection Re ort 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 NJ 2 51 3I NC0086070 111 121 09/03/11 117 181 SI 191 SI 20I II Remarks 211 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I I 1 1_i Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 CA ------------------- ------Reserved-------------------80 eserved-------------------80 67I 169 70I I 71I®I 721 NI 73�74 75L Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 06/01/01 10:15 AM 09/03/11 Western Justice Academy WWTP Exit Time/Date Permit Expiration Date US Hwy 64 ].1:25 AM 09/03/11 10/11/30 Edneyville NC 287270530 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Mark Brandon Jones/ORC/828-273-0760/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Doyle Freeman,235 St John Rd Fletcher NC No 28732//828-654-7062/8286547064 _ Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit 0 Flow Measurement Operations&Maintenance M Records/Reports Self-Monitoring Program E Facility Site Review Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ Signature n en eviewer 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 NC0086070 (11 12I 09/03/11 117 18ISI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Mark Jones/ORC and Dean Ring/Henderson County Utilities assisted with the inspection. This permit will expire November 30, 2010. Please request a permit renewal 180 days prior to expiration. Records and reports were complete and present on site. Diffusers on the first/top aeration basin have been replaced. Audible and visual alarms for the pump station were tested during the inspection and were operational. The standby generator was tested during the inspection and was operational. The effluent was clear. Soil has settled at the base of the clarifier and should be filled in to prevent erosion. It was noted that the operator has to climb down into the chlorine contact basin to add chlorine tablets for disinfection. Extension tubes (which were installed in the declor basin) for the clorine tablet dispenser should be installed. It was noted that the effluent composite sampler should have GFCI outlets installed for the safety of the operator and to comply with State law. The audible alarm for the EQ basin is operational but the bulb for the visual alarm needs replacement. Effluent samples were taken during the inspection and results will be sent separately from this report. Page# 2 Permit: NCO086070 Owner-Facility: Western Justice Academy WWTP Inspection Date: 03/11/2009 Inspection Type: Compliance Sampling Yes No NA NE Permit--- n ❑ n (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ Is the facility as described in the permit? ❑ #Are there any special conditions for the permit? ❑ Im ❑ ❑ Is access to the plant site restricted to the general public? Cl Is the inspector granted access to all areas for inspection? ❑ ❑ ❑ Comment: This permit will expire November 30, 2010. Please request a permit renewal 180 days prior to expiration. Yes No NA NE Operations & Maintenance --- Is the plant generally clean with acceptable housekeeping? ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ❑ ❑ ❑ Judge, and other that are applicable? Comment: Yes No NA NE Record Keeping - -_ - .--- Are records kept and maintained as required by the permit? Is all required information readily available,complete and current? n ❑ ❑ Are all records maintained for 3 years(lab. reg. required 5 years)? Are analytical results consistent with data reported on DMRs? n ❑ n ® Is the chain-of-custody complete? n Dates, times and location of sampling n Name of individual performing the sampling n_ Results of analysis and calibration n_ Dates of analysis n Name of person performing analyses n Transported COCs Are DMRs complete: do they include all permit parameters? Has the facility submitted its annual compliance report to users and DWQ? (if the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? ❑ ❑ ❑ ❑ ❑ ❑ Is the ORC visitation log available and current? Is the ORC certified at grade equal to or higher than the facility classification? ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ❑ ❑ ❑ Page# 3 - __._.. . .......... ....__.__ __................ .. ... Permit: NCO086070 Owner-Facility: Western Justice Academy VA P Inspection Date: 03/11/2009 Inspection Type: Compliance Sampling Record Keeping Yes No NA NE Is a copy of the current NPDES permit available on site? 11 ❑ 0 Facility has copy of previous year's Annual Report on file for review? Q 0 0 Comment: Records and reports were complete and present on site. Equalization Basins Yes No NA NE Is the basin aerated? ❑ Q Q Is the basin free of bypass lines or structures to the natural environment? Is the basin free of excessive grease? r1 n fl Are all pumps present? ❑ 0 Q Are all pumps operable? 0 0 Q Are float controls operable? 0 n 0 Are audible and visual alarms operable? ❑ m ❑ ❑ #Is basin size/volume adequate? N ❑ 0 0 Comment: The audible alarm is operational but the bulb for the visual alarm needs replacement. Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? 00 ❑ Q Are surface aerators and mixers operational? n fl ® ❑ Are the diffusers operational? 0 0 Q Is the foam the proper color for the treatment process? ® ❑ Q Does the foam cover less than 25%of the basin's surface? ® n n 0 Is the DO level acceptable? n n 0 Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ n Comment: Diffusers on the first aeration basin have been replaced. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ® (] n Is the site free of excessive buildup of solids in center well of circular clarifier? fl Q ® rl Are weirs level? ® nnn Is the site free of weir blockage? ® ❑ ❑ Q Page# 4 Permit: NC0086070 Owner-Facility: Western Justice Academy WWTP Inspection Date: 03/11/2009 Inspection Type: Compliance Sampling Yes No NA NE Secondary Clarifier ❑ nn Is the site free of evidence of short-circuiting? ❑ ❑ ❑ Is scum removal adequate? ❑ ❑ ❑ Is the site free of excessive floating sludge? ❑ ❑ ❑ Is the drive unit operational? n ❑ ❑ n Is the return rate acceptable(low turbulence)? ❑ Is the overflow clear of excessive solids/pin floc? ❑ ❑ Is the sludge blanket level acceptable?(Approximately'/4 of the sidewall depth) Comment: Soil has settled at the base of the clarifier and should be filled in to prevent erosion. Yes No NA NE Disinfection-Tablet ❑ ❑ ❑ Are tablet chlorinators operational? ❑ ❑ ❑ Are the tablets the proper size and type? 2 Number of tubes in use? rl ❑ ❑ Is the level of chlorine residual acceptable? J Is the contact chamber free of growth,or sludge buildup? ❑ ❑ ❑ Is there chlorine residual prior to de-chlorination? Comment: It was noted that the operator has to climb down into the chlorine contact basin to add chlorine tablets for disinfection. Extension tubes (which were installed in the declor basin) for the clorine tablet dispenser should be installed. Yes No NA NE De-chlorination Tablet Type of system? Is the feed ratio proportional to chlorine amount 0 to 1)? ❑ ❑ ❑ Is storage appropriate for cylinders? #Is de-chlorination substance stored away from chlorine containers? Comment: ❑ ❑ ❑ Are the tablets the proper size and type? ❑ ❑ ❑ Are tablet de-chlorinators operational? 2 Number of tubes in use? Comment: Yes No NA NE Effluent Sampling ® ❑ D ❑ Is composite sampling flow proportional? Page# 5 Permit: NCO086070 Owner-Facility: Western Justice Academy WWTP Inspection Date: 03/11/2009 Inspection Type: Compliance Sampling Effluent Sampling Yes No NA NE Is sample collected below all treatment units? M Is proper volume collected? 0 00 Is the tubing clean? ❑ D El #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ® ❑ ❑ 0 Is the facility sampling performed as required by the permit(frequency, sampling type representative)? ❑ El Comment: It was noted that the sampler should have GFCI outlets installed for the safety of the operator and to comply with State law. Temperature was 6 degrees C. The facility also has an influent composite sampler at the front of the plant. Temperature was 6 degrees C. Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? ■ ❑ ❑ ❑ Is flow meter calibrated annually? ❑ ❑ Q Is the flow meter operational? ® ❑ n n (If units are separated) Does the chart recorder match the flow meter? ■ D Cl 0 Comment: The flowmeter was calibrated 11/8/08. Pump Station -Effluent Yes No NA NE Is the pump wet well free of bypass lines or structures? ® 0 n Are all pumps present? ■ n n n Are all pumps operable? Q 0 Q Are float controls operable? ® ❑ ❑ ❑ Is SCADA telemetry available and operational? ® ❑ Q Is audible and visual alarm available and operational? ® n ❑ Q Comment: The effluent pump station has telemetry installed. Audible and visual alarms were tested during the inspection and were operational. Standby POWer Yes No NA NE Is automatically activated standby power available? ■ 0 Q El Is the generator tested by interrupting primary power source? ■ n n Is the generator tested under load? ® ❑ ❑ Q Was generator tested&operational during the inspection? ® 0 n 0 Do the generator(s)have adequate capacity to operate the entire wastewater site? ■ Q 0 Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ fl 0 ❑ Page# 6 Permit: NC0086070 Owner-Facility: Western Justice Academy WWTP Inspection®ate: 03/11/2009 Inspection Type: Compliance Sampling Yes No NA NE Standb Py ower - --- — nnn Is the generator fuel level monitored? Comment: Generator was tested during the inspection and was operational. Page# 7 r NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 13, 2009 CERTIFIED MAIL RETURN RECIEPT REQUESTED 7007 1490 0004 0798 7803 Mr. Joe Cline Tuckaseigee Water & Sewer Authority 1246 W Main St Sylva, NC 28779 Subject: Department of Environment and Natural Resources and Environmental Management Commission vs. TWSA Special Order by Consent WQ 05-015 NPDES Permit Number N00039578 Stipulated Penalties SP-2009-0009 TWSA#1 WWTP Jackson County Dear Mr. Cline: The Tuckaseigee Water & Sewer Authority (TWSA) entered into a Special Order by Consent (SOC) WQ 05-015 with the North Carolina Environmental Management Commission whereby operation of the TWSA#1 Wastewater Treatment Plant (WWTP) has been placed under interim effluent limitations and an enforceable schedule while the existing WWTP is being upgraded. Under section 3 of the Special Order by Consent, TWSA was required to comply with interim effluent limitations as set forth in the Consent Order. TWSA failed to comply with the interim effluent limitations for BOD 5-day and Fecal Coliform contained in "Attachment A" of the Order for the month of April 2008. You were notified of the violation and your right to justify the TWSA's failure to meet the interim effluent limitation in a Notice of Violation NOV-2008-0492 dated October 27, 2008. After careful review of this matter, I have not found grounds for sufficient justification to waive the stipulated penalty, therefore, and pursuant to section 3 of the Special Order by Consent, a stipulated penalty in the amount of$4,000.00 is now due for said violation. \ Asheville Regional Office �TOne 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCar®11na Phone: 828-296-4500/FAX: 828-299-70431 Internet: www,ncwaterquality.org Naturally An Equal Opportunity/Affirmative Action Employer—50%Recycled(10%Post Consumer Paper ..__................... _ _ _ _ _ _ __ ......_........... TWSA March 13, 2009 Page 2 Payment by certified check payable to the Department of Environment and Natural Resources must be submitted to the Department at the address given below within thirty (30) days from receipt of this demand.- Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 You are reminded that payment of said penalties mentioned in this letter will not foreclose further penalties for any future or continuing violations, failure to meet deadline dates, or interim effluent violations. If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must file your original petition with the: 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: General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 If you have any questions concerning this notification please contact Mr. Keith Haynes of this Office at (828) 296-4500. Sincerely, /"T ! 5 RogerlC. Edwards, Regional Supervisor Surface Water Protection cc: DENR General Counsel NPDES Unit SOC Files ARO G:\WPDATA\DEMWQ\Jackson\39578 TWSA#1\SP-2009-.doc A7jq& NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 13, 2009 CERTIFIED MAIL RETURN RIECIEPT REQUESTED 7007 1490 .0 004 7797 Mr. Joe Cline Tuckaseigee Water & Sewer Authority 1246 W Main St Sylva, NC 28779 Subject: Department of Environment and Natural Resources and Environmental Management Commission vs. TWSA Special Order by Consent WQ 05-015 NPDES Permit Number NCO039578 Stipulated Penalties SP-2009-0008 TWSA#1 WWTP Jackson County Dear Mr. Cline: The Tuckaseigee Water & Sewer Authority (TWSA) entered into a Special Order by Consent (SOC) WQ 05-015 with the North Carolina Environmental Management Commission whereby operation of the TWSA#1 Wastewater Treatment Plant (WWTP) has been placed under interim effluent limitations and an enforceable schedule while the existing WWTP is being upgraded. Under section 3 of the Special Order by Consent, TWSA was required to comply with interim effluent limitations as set forth in the Consent Order. TWSA failed to comply with the interim effluent limitations for BOD 5-day and Fecal Coliform contained in "Attachment A" of the Order for the month of March 2008. You were notified of the violation and your right to justify the TWSA's failure to meet the interim effluent limitation in a Notice of Violation NOV-2008-0491 dated October 27; 2008. After careful review of this matter, I have not found grounds for sufficient justification to waive the stipulated penalty, therefore, and pursuant to section 3 of the Special Order by Consent, a stipulated penalty in the amount of$3,000.00 is now due for said violation. Ashovillc Regional Cffiic A�Onei jv 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 orthCarolina Phone: 828-296-4500 l FAX: 828-299-70431 Internet: www.ncwaterquality.org � ��//� An Equal opportunity/Affirmative Action Employer-50%Recycled110%o Post Consumer Paper TWSA March 13, 2009 Page 2 Payment by certified check payable to the Department of Environment and Natural Resources must be submitted to the Department at the address given below within thirty (30) days from receipt of this demand: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 You are reminded that payment of said penalties mentioned in this letter will not foreclose further penalties for any future or continuing violations, failure to meet deadline dates, or interim effluent violations. If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 1,50B of the North Carolina General Statutes. You must file your original petition with the: 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: General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 If you have any questions concerning this notification please contact Mr. Keith Haynes of this Office at (828) 296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection cc: DENR General Counsel NPDES Unit SOC Files ARO GAWPDATA\DEMWQ\Jackson\39578 TWSA#1\SP-2009-0008.doc a °• NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 13, 2009 Ms. Joy Houogan Emeritus Corp. DBA Pine Park 2601 U S Hwy 64 E Hendersonville, North Carolina 28792 SUBJECT: Compliance Sampling Inspection Pine Park Retirement Inn WWTP Status: Compliant Permit No: N00069370 Henderson County Dear Ms. Houogan: Enclosed please find a copy of the Compliance Sampling Inspection form from the inspection conducted on March 11 2009. The facility appeared to be in compliance with permit NC0069370. The kind assistance of Trevor McMinn/ORC, Mark Lyons and Keith Young was appreciated. Mr. McMinn is doing a fine job of operating this facility. Effluent samples were collected during the inspection and have been submitted to the lab for analysis. Results will be sent separately. 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, Ext. 4667. Sincerely, (44'net Cantwell Environmental Specialist Enclosure cc: DWQ Asheville Files DWQ Central Files Trevor McMinn/ ORC w/ attachment G:\WPDATA\DEMWQ\Henderson\69370 Emeritus Corp\69370-CS1.09.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S. Highway 70,Swannanoa, NC 28778 NOPthCarofina Phone: (828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748atur+�e`>/ Internet:www.ncwatergualitV.org United States Environmental Protection Agency Form Approved. Washington,D.C.20460 OMB No.2040-0057 EPA Water Com fiance Inspection Re ort Approval expires 8-31-98 Section A: National.Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO069370 Ill 121 09/03/11 117 18I.S1 191 SI 20I II Remarks 211 111111IIIIIIIIIIIIiIIIIIIIIIIIIIIIIIllll1111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67I I69 701 1 711 I 72INI 73IW I I74 75I I I I I I I I80 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) 11:40 AM 09/03/11 05/12/01 Pine Park Retirement Inn Exit Time/Date Permit Expiration Date 2601 U S Hwy 64 E Hendersonville NC 28792 12:30 PM 09/03/11 10/11/30 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Trevor Clyde McMinn/ORC/828 654-7062/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Joy Houogan,2601 US Hwy 64 E Hendersonville NC 28792//82B-692-1.911/No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit in Flow Measurement IM Operations&Maintenance 0 Records/Reports Self-Monitoring Program =Facility Site Review Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ J/40 Signature of gem 7 t Q A Reviewer Agency/Office/Phone and Fax Numbers Date 3• �� •O EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 ... ...... ..........._...... ___ _ _...._...... ._.... .. _.._.. . NPDES yr/mo/day Inspection Type (cont. ) 1 3I NC0069370 I11 12f 09/03/11 I17 18ISI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Trevor McMinn/ORC, and Mark Lyons and Keith Young, both of Emeritus, assisted in the inspection of this facility. The permit will expire November 30, 2010. Please request a permit renewal 180 days prior to expiration. The operator stated that two new blowers in the aeration basin have been installed and the plant will be painted this month. Audible and visual alarms for the pump station were tested during the inspection and were operable. The flowmeter was calibrated August 7, 2008. Trimming shrubbery inside and around the fence was discussed. The logbook was present on site. The effluent was clear. Effluent samples were collected during the inspection and have been submitted to the lab. Results will be sent separately. Page# 2 Permit: NCO069370 owner-Facility: Pine Park Retirement Inn Inspection Date: 0 3/1 112 0 0 9 Inspection Type: Compliance Sampling Yes No NA NE Permit -------------- - (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Is the facility as described in the permit? #Are there any special conditions for the permit? ❑ fl ❑ Is access to the plant site restricted to the general public? ❑ 0 � nnn Is the inspector granted access to all areas for inspection? Comment: The permit will expire November 30, 2010. Please request a permit renewal 180 days prior to expiration. Yes No NA NE Operations & Maintenance - - — — — Is the plant generally clean with acceptable housekeeping? ❑ ❑ fl Does the facility analyze process control parameters,for ex: MLSS, IVICRT, Settleable Solids, pH, DO, Sludge n [l [I Judge, and other that are applicable? Comment: The operator stated that two new blowers for the aeration basin have been installed and the plant will be painted this month. Yes No NA NE Record Keeping ClAre records kept and maintained as required by the permit? Is all required information readily available,complete and current? ❑ f_l Are all records maintained for 3 years(lab. reg. required 5 years)? n ❑ D pnn Are analytical results consistent with data reported on DMRs? nnn Is the chain-of-custody complete? Dates,times and location of sampling Q n Name of individual performing the sampling n_ Results of analysis and calibration Dates of analysis n Name of person performing analyses n Transported COCs W nnn Are DMRs complete: do they include all permit parameters? Has the facility submitted its annual compliance report to users and DWQ? nnn (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? Is the ORC visitation log available and current? Is the ORC certified at grade equal to or higher than the facility classification? nnn Is the backup operator certified at one grade less or greater than the facility classification? nnn Page# 3 Permit: NCO069370 Owner-Facility: Pine Park Retirement Inn Inspection Date: 03/11/2009 Inspection Type: Compliance Sampling Record Keeping Yes No NA NE Is a copy of the current NPDES permit available on site? n n n Facility has copy of previous year's Annual Report on file for review? n n n Comment: A copy of the permit will be sent to Trevco. Logbook and Annual Report were available on site. Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Fixed Is the basin free of dead spots? n n n Are surface aerators and mixers operational? n n m n Are the diffusers operational? n 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? 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: Operator stated that two new blowers have been installed. 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? ® 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? 0n n n Is the site free of excessive floating sludge? ® ❑ n 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 Is the sludge blanket level acceptable?(Approximately '/a of the sidewall depth) n ❑ n Comment: Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? ® n ❑ n r Page# 4 Permit: NCO069370 owner-Facility: Pine Park Retirement Inn Inspection Date: 03/11/2009 Inspection Type: Compliance Sampling Yes No NA NE Flow Measurement- Effluent — - - --_- Is flow meter calibrated annually? ❑ ❑ Is the flow meter operational? ❑ 0 (If units are separated) Does the chart recorder match the flow meter? Comment: The flowmeter was calibrated August 7, 2008. Yes No NA NE Pump Station -_Effluent Is the pump wet well free of bypass lines or structures? ❑ ❑ ❑ ❑ ❑ ❑ Are all pumps present? ❑ ❑ ❑ Are all pumps operable? ❑ ❑ ❑ Are float controls operable? Is SCADA telemetry available and operational? n ❑ ❑ Is audible and visual alarm available and operational? ❑ ❑ ❑ Comment: Audible and visual alarms were tested during the inspection and were operable. Page# 5 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 13, 2009 Mr. Walter McGee Biltmore Investments LTD P.O. 745 Hendersonville, North Carolina 28793 SUBJECT: Compliance Sampling Inspection Status: Compliant Bear Wallow Valley MHP WWTP Permit No: NCO076082 Henderson County Dear Mr. McGee: Enclosed please find a copy of the Compliance Sampling Inspection form from the inspection conducted on March 11, 2009. The facility appeared to be in compliance with - permit NC0076082. The kind assistance of Mr. Kevin White during the inspection was appreciated. He is doing a fine job of operating and maintaining this facility. Effluent samples were collected during the inspection and have been sent to the lab for analysis. Sample results will be sent separately. 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, Ext. 4667. Sincerely, ',iet Can Environmental Specialist Enclosure cc: DWQ Asheville Files DWQ Central Files Kevin C. White/ ORC wl attachment G:\WPDATA\DEMWQ\Henderson\76082 Bear Wallow Valley MHP\76082-CS1.09.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NorthCarollna Phone: (828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 ��ItdiCRl`l,� Internet:www,ncwaterguality.org United States Environmental Protection Agency Form Approved. Washington,D.C.20460 OMB No.2040-0057 EPA Water Compliance Approval expires 8-31-98 Ins action Re ort Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES Y r/mo/day Inspection Type Inspector Fac Type 1 1 N1 2 151 31 Ncoo76oez 1 11 121 09/03/1]- 1 17 181 sl 191 S1 201 1 Remarks 211 ILUIIIIIIII IIII lIIIII IIIIlJ11 Ill III 16 -Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ------------------- ------Reserved------------------- - 671 169 701 1 711 1 721 N1 73L_lj 74 75 8l ill 1 1 1 1 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 06/12/01 12:55 PM 09/03/11 Bear Wallow Valley MHP WWTP Exit Time/Date Permit Expiration Date Bearwallow RdNCSR 1587 Hendersonville NC 28792 01:55 PM 09/03/11 10/11/30 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Kevin C White/ORC/828-289-2165/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Nicholas Stefanou,104 Low Gap Rd Hendersonville NC No 28739//828-685-3881/ ✓' Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement Operations& Maintenance Records/Reports Self-Monitoring Program Facility Site Review Section D. Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ Signature of a nt Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/nno/day Inspection Type (cont. 1 3I NCO076082 I11 12I 09/03/11 I17 18IsI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Kevin White/ORC assisted in the inspection of this facility. This permit will expire November 30, 2010. Please request a permit renewal 180 days prior to expiration. The EQ basin audible and visual alarms were tested during the inspection and were operable. The records and reports were available on site and the logbook contained excellent documentation. The flowmeter was calibrated March 20, 2008. The effluent was clear. Hand rails should be installed between the EQ basin and the main plant for the safety of the operator. Effluent samples were collected during the inspection and have been sent to the lab for analysis. The sampling report will be sent separately. Page# 2 Permit: NCO076082 owner-Facility: Bear Wallow Valley MHP WWTP Inspection Date: 03/11/2009 Inspection Type: Compliance Sampling Yes No NA NE Permit -- n (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Is the facility as described in the permit? n n n n nn #Are there any special conditions for the permit? Is access to the plant site restricted to the general public? ❑ 0 nnn Is the inspector granted access to all areas for inspection? Comment: This permit will expire November 30, 2010. Please request a permit renewal 180 days prior to expiration. Yes No NA NE aerations & Maintenance nnn Is the plant generally clean with acceptable housekeeping? Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge IN n n Cl Judge, and other that are applicable? Comment: This facility is well operated and maintained. Yes No NA NE Record Keeping nn Are records kept and maintained as required by the permit? nnn Is all required information readily available, complete and current? Are all records maintained for 3 years(lab. reg. required 5 years)? nnn Are analytical results consistent with data reported on DMRs? n ❑ n nn ❑ Is the chain-of-custody complete? n_ Dates, times and location of sampling n Name of individual performing the sampling n Results of analysis and calibration — n_ Dates of analysis n_ Name of person performing analyses n_ Transported COCs Are DMRs complete: do they include all permit parameters? Onn Has the facility submitted its annual compliance report to users and DWQ? ® nnn (If the facility is=or>5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? n n nnn Is the ORC visitation log available and current? Is the ORC certified at grade equal to or higher than the facility classification? nn ❑ Is the backup operator certified at one grade less or greater than the facility classification? nnn Page# 3 Permit: NCO076082 Owner-Facility: Bear Wallow Valley MHP WWTP Inspection Date: 03/11/2009 Inspection Type: Compliance Sampling Record Keeping Yes No NA NE Is a copy of the current NPDES permit available on site? ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? E ❑ ❑ ❑ Comment: The logbook contained excellent documentation. Flow Measurement s Influent Yes No NA NE #Is flow meter used for reporting? Is flow meter calibrated annually? ❑ ❑ ❑ Is the flow meter operational? ❑ ❑ ❑ (If units are separated) Does the chart recorder match the flow meter? n ❑ ❑ ❑ Comment: Flowmeter was calibrated March 20, 2008. Equalization Basins Yes No NA NE Is the basin aerated? ❑ ❑ ❑ Is the basin free of bypass lines or structures to the natural environment? ❑ ❑ ❑ Is the basin free of excessive grease? ❑ ❑ ❑ Are all pumps present? ❑ ❑ ❑ Are all pumps operable? ❑ ❑ ❑ Are float controls operable? ❑ ❑ ❑ Are audible and visual alarms operable? #Is basin size/volume adequate? 0 0 n Comment: The EQ basin audible and visual alarms were tested during the inspection and were operable. Hand rails should be installed between the EQ basin and the main plant. Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? Are surface aerators and mixers operational? ❑ ❑ Are the diffusers operational? ❑ ❑ ❑ Is the foam the proper color for the treatment process? ❑ El 0 Does the foam cover less than 25%of the basin's surface? ❑ ❑ ❑ Is the DO level acceptable? ❑ ❑ ❑ Page# 4 Permit: NCO076082 owner-Facility: Bear Wallow Valley MHP WWTP Inspection Date: 03/11/2009 Inspection Type: Compliance Sampling Yes No NA NE Aeration Basins Is the DO level acceptable?(1.0 to 3.0 mg/1) DOOR Comment: Yes No NA NE Secondary Clarifier _____-_--__--- Is the clarifier free of black and odorous wastewater? n ❑ 0 Is the site free of excessive buildup of solids in center well of circular clarifier? 0 r1 Are weirs level? ❑ ❑ ❑ Is the site free of weir blockage? 0 0 Is the site free of evidence of short-circuiting? 0 El ❑ WOOD Is scum removal adequate? Is the site free of excessive floating sludge? ❑ Is the drive unit operational? f_1 ❑ Is the return rate acceptable(low turbulence)? ❑ n 0 Is the overflow clear of excessive solids/pin floc? IR ❑ ❑ n Is the sludge blanket level acceptable?(Approximately Y4 of the sidewall depth) '0 0 ❑ i Comment: Yes No NA NE Disinfection-Tablet �— Are tablet chlorinators operational? 0 Q Are the tablets the proper size and type? 0 0 1 Number of tubes in use? Is the level of chlorine residual acceptable? n ❑ Is the contact chamber free of growth, or sludge buildup? Q ❑ rl Is there chlorine residual prior to de-chlorination? 0 0 n Comment: Yes No NA NE De-chlorination Tablet Type of system? Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ Q ❑ Is storage appropriate for cylinders? 00 ❑ #Is de-chlorination substance stored away from chlorine containers? n ❑ n Comment: Are the tablets the proper size and type? n Page# 5 Permit: NC0076082 Owner-Facility: Bear Wallow Valley MHP WWTP Inspection®ate: 03/11/2009 Inspection Type: Compliance Sampling De-chlorination Yes No NA NE Are tablet de-chlorinators operational? 0 n D Number of tubes in use? 2 Comment: Page# 6 r VA irCDEN—R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 13, 2009 Macon County DWQ Project No. 090231 NCSR 1506 (Gregory Road) APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. J. B. Setzer, P.E. Division 14 Engineer N C Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Dear Mr. Setzer: You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in two (2) unnamed tributaries to Ammons Creek, for the purpose of widening and making improvements to NCSR 1506 (Gregory Road) in Macon County: Stream [m acts in the Little Tennessee River Basin Site Permanent Tring emporary I+ill in Permanent Fill in Temporary Total Stream Stream Fill in Intermittent Perennial Stream Dewatering in Impact Impacts Intermittent Stream (linear ft) (linear ft) Perennial Stream (linear ft) Regt�uation iring Stream (linear ft) g (linear ft linear ft) Site 1 0 0 20 70 90 0 Site 2 0 0 14 70 84 0 _Total 0 0 34 140 174 1401inear feet. Total Stream Pei manent Impact for Project: 34 linear feet. Temporary Impact for Project: The project should be constructed in accordance with your application dated February 25, 2009 (received March 6, 2009), 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. 3704, 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 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 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa.NC 28778-8211 Phone:828-296-4500 t FAX:828-299-7043 �iOne Customer Service:1-877-623-6748 North,C<`:ro1.ina Internet:www ncwaterguality.org Naturally An Equal Opportunity 1 Affirmative Action Employer Mr. J. B. Setzer, PE March 13, 2009 Page Two (7). For this approval to be valid,you must follow the conditions listed in the attached certification and any additional conditions listed below. 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. Adequate sedimentation and erosion control measures must be installed and maintained on the project site to minimize sediment transport to downstream aquatic resources. Temporary cover (wheat, millet or similar annual grain) or permanent herbaceous cover shall be planted on all bare soil as soon as possible following ground disturbing activities. Erosion control mating shall be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas. Matting should be secured in place with staples or wherever possible, live stakes of native trees. Straw mulch and tall fescue shall not be used in riparian areas. 4. If multiple pipes or barrels are required, they shall be designed to mimic the natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream shall 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. 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 (WS-1, WS-1I), stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff prior to discharging directly into streams. Mowing of existing vegetated buffer areas is strongly discouraged. 6. 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. 7. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 8. Riprap 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. 9. 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. 10. 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. 12. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 14. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 15. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 16. 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. Setzer, PE n 13, 2009 Age Three 17. 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. 18. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or 19. The perrrrittee and its authorized 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. 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 or Federal law. If DWQ determines that such standards or laws are not being met (including failure to sustain a designated or achieved use) or that State of Federal law if being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification 20. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 21. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd., Suite 250, Raleigh,North Carolina 27604. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act --ithin 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 21699-6714. This certification and its conditions are final and binding unless you ask for a hearing. "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, Coleen H. Sullins, Director Division of Water Quality cc: Mark Davis, Division 14, DEO Ed Ingle, Roadside Environmental David Baker, USACE, Asheville Field Office Transportation Permitting Unit Mike Parker, Asheville Regional Office 090231 (Selzer)NCSR 1506(Gregory Road) IN 6 ° NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION March 13, 2009 CERTIFIED MAIL RETURN RECEIPT RI QUES I'ED —7007 1490 0004 0798 7810 Mr. Steve Vermillion Northridge Commons 1600 Camden Rd Charlotte, NC 28203 CERTIFIED MAIL RETURN RECEIPT REQUESTED —7007 1490 0004 0798 7827 Taylor and Murphy Construction Company 1121 Brevard Rd Asheville, NC 28816 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Northridge Commons DWQ Tracking Number: NCR000781 NOV-2009-PC-0220 Construction Stormwater Permit—NCGO 10000 Stream Standard Violation - Other Waste (In-stream sediment) Buncombe County Response deadline: March 30, 2009 or 15 days from receipt Dear Mr. Vermillion and Taylor and Murphy Company: On March 6, 2009, Linda Wiggs from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection for Northridge Commons along Highway 25/70 and 19/23/I-26 in Buncombe County. JQ Freeman, Jim Waddell and Todd Simmons were present during the inspection. Construction Stormwater Permit NCGO 10000, and stream standards violations were noted during the inspection and file review. Sediment impacts to Unnamed Tributary (UT) to Gill Branch, classification C, were documented constituting stream standard violations. Unnamed Tributary to Gill Branch (referred to as Tributary 92) continues to have sediment impacts of greater than 6 inches in the arched culvert area. Restoration in this area from the previous Notice of Violation, Location:2090 U S.Highway 70,Swannanoa;North Carolina 28778 Onet Phone:828-296-4500i FAX:828-299 70431 Customer Service:1-877-623 6748 NOl't11Ci1.1'+71111 Internet:www.ncwaterquality.org Naturally An f qual Oppor unity',Affirmative Action Lnployer North Ridge Commons March 13,2009 Page 2 of 4 NOV—2008-PC-0527 required sediment removal to recreate the channel under the culverts and stabilize the channel banks with all natural fiber matting. Final report for this restoration effort was received by DWQ November 21, 2008. The banks were stabilized in this area. All natural fiber matting was approved for stabilization. Some areas were stabilized with unapproved matting; only all natural fiber matting is to be used in riparian areas. Sediment impacts in the channel are present and need to be removed. As a result of the site inspection and file review, the following violations, detailed below, were noted: VIOLATIONS L Construction Stormwater Permit NCG010000 - A Construction Stormwater Permit (NCGO10000) is issued upon the approval of an Erosion and Sedimentation Control Plan for sites greater than one acre. Specifically, the NCG010000 Permit authorizes discharge of stormwater under the National Pollutant Discharge Elimination System (NPDES) in accordance with Title 15 A North Carolina Administrative Code 211.0100. a. Schedule of Compliance (Part 1. Section C. No. 2) Failure to operate and maintain stormwater controls to optimum efficiency as cited by Buncombe County Erosion Control inspection dated March 3, 2009, represents a violation of NCGO10000 Permit. b. Final Limitations and Controls for Stormwater Discharges (Part I. Section A. No.2) Failure to follow Erosion Control Plan, as cited by Buncombe County -- Erosion Control inspection dated March 3, 2009, represents a violation of NCGO10000 Permit. I1. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 0213 .0211 (3)f- Greater than 350 feet of an Unnamed Tributary to Gill Branch was impacted by sediment deposition greater than six inches in depth; representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f) REQUIRED RESPONSE This Office requests that you respond in writing within 15 days of receipt of this Notice. Your response should be sent to both the attention of Linda Wiggs, Division of Water Quality, 2090 US HWY 70, Swannanoa, NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699- 1617. Your response should address the following items: I. Construction Stormwater Permit NCG010000 a. Please detail the events that resulted in non-compliance with the above-mentioned NCGO10000 permit conditions. �� ,Molls b. Please explain when you anticipate being in full compliance with the NCG010000 Permit and your Erosion and Sediment Control Plan. II. Stream Standard - Other Waste (In-Stream Sediment) a. Please provide a map that exactly details the jurisdictional waters on the tract. This map should indicate all of the jurisdictional waters on the tract as well as the areas that have been impacted, both on and off site. This information must be clearly depicted on a map that you provide as a part of this response. b. Please submit a Sediment Removal Restoration Plan (Restoration Plan) to this office for review and approval The Restoration Plan must address removal of the accumulated sediment from Unnamed Tributary to Gill Branch (tributary #2). The Restoration Plan must be submitted to the Division of Water Quality for review and approval prior to implementation. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with your plan development, and authorization necessary to achieve compliance. It is recommended that your consultant contact Linda Wiggs of the Asheville Regional Office for additional guidance during restoration plan development. The Restoration Plan should include the following: ® Stream Restoration Plan (sediment impacts) — Sediment impacts to the streams onsite and downstream of the site must be removed. As a part of this plan, you should provide the amount (depth) of material that has been deposited in the floodplain, stream and any wetlands. This information should be depicted on a map you provide. It is recommended that you use hand labor (buckets, shovels and wheelbarrows) to remove deposited sediment from the stream channel. The sediment should be removed from the channel, taken to high ground away from the stream channel and stabilized. Also, the plan must address the measures that will be used for temporary stabilization/sediment control while this work is under way. A narrative explaining how sediment will be removed and how impacted jurisdictional waters will be restored. A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. ® A diagram of the stream channel, referenced with photo documentation of sediment impacts. ® A narrative explaining how sediment will be retained on the site and kept out of waterways, and how restoration activities will be conducted such that turbidity standards are not exceeded. e. Once the Restoration Plan has been implemented and is complete,a final report documenting restoration of the stream should be submitted to Linda Wiggs. .__.........._...... .... .... .... . . . . . _.. ....................._.... ._.... ...... ..... North Ridge Commons March 13,2009 Page 4 01'4 Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this - correspondence will he 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 Linda Wiggs at (828) 296-4500. Sincerely, AA33 Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Buncombe County Planning G:\WPDA1'A\DEMWQ\Buncombe\Stormwater Construction NCG01\NortliRidge-WalmartNCR000781\nov-2009-pc-0220.doc r*A irCDEN—R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 13, 2009 Mr. Joe Cline Tuckaseigee Water & Sewer Authority PO Box 1051 Sylva NC 28779 SUBJECT: Compliance Evaluation Inspection Sylva WWTP Permit No: NCO020214 Jackson County Dear Mr. Cline: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted on February 19, 2009. Don Price and I of the Asheville Regional Office conducted the Compliance Evaluation Inspection. The facility was found to be in Compliance with permit NC0020214. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff has any questions, please do not hesitate contact me at 296-4500. Sincerely, Keith Hayne Environmental Senior Specialist Enclosure cc: Stan D Bryson, ORC Central Files Asheville Files G:\WPDATA\DEMWQ\Jackson\20214 Sylva WWTP\02192009CEI.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70, Swannanoa, NC 28778 NorthCarolina Phone: (828)296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 Naturally Internet:www.ncwaterguality.org United States Environmental Protection Agency Form Approved. Washington,D.C.20460 OMB No.2040-0057 EPA Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 ICI 3I Ncoo2o214 111 121 09/02/19 117 181r1 19�.GI 20I I_ J Remarks -J 6 211111111IIIIIIIIIIII1111111111111111111111111111 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 CA ---------------------------Reserved---------------------- 67I 169 70I ( 711 I 72I N I 73 W 74 711 I I I I I I L 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) oe/02/01 02:30 PM 09/02/19 Sylva WWTP Exit Time/Date Permit Expiration Date 114 Hometown P1 Rd Sylva NC 28779 03:30 PM 09/02/19 12/10/31 Name(s)of Onsite Re presentative(s)fTitles(s)/Phone and Fax Number(s) Other Facility Data Stan D Bryson/ORC/828-586-9318/ Name,Address of Responsible OfficialfTitle/Phone and Fax Number Contacted Stan D Bryson,PO Box 1051 Sylva NC 28779//828-586-9318/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ■Flow Measurement ®Operations&Maintenance ®Records/Reports Facility Site Review ®Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Keith Haynes ARO WQ//828-296-4500/ —5.12 1 0 i Don Price Point Source Branch//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date` Roger C Edwards` ARO WQ//828-296-4500/ / EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3' NC0020214 I11 12I 09/02/19 I17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The plant appeared to be well maintained and was operating properly. Page# 2 Permit: NC0020214 Owner-Facility: SylvaWWTP Inspection Date: 02/19/2009 inspection Type: Compliance Evaluation Yes No NA NE Operations &Maintenance 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 ■ ❑ ❑ 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? ❑ Cl Is the facility as described in the permit? 0 n n #Are there any special conditions for the permit? n n 0 Is access to the plant site restricted to the general public? 0 n Cl Cl Is the inspector granted access to all areas for inspection? E ❑ n n Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? n n Q 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 had minimal impact on the receiving stream 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? 0 0 [I Q Is disposal of screening in compliance? ® n ❑ Q _ e o o-o Is the unit in good condition? Comment: Aeration Basins Yes No NA NE Ext.Air Mode of operation Diffused Type of aeration system Is the basin free of dead spots?. ■ n D Q Are surface aerators and mixers operational? ■ n ❑ n Page# 3 ..._............ .....__.-- ..__-....._._ - -..__-......_-_-.. Permit: NCO020214 Owner-Facility: Sylva WVVTP Inspection Date: 02/19/2009 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Are the diffusers operational? ■ 0 ❑ Q Is the foam the proper color for the treatment process? ■ Q ❑ Q Does the foam cover less than 25%of the basin's surface? ■ 0 Q Q Is the DO level acceptable? ■ ❑ Q ❑ Is the DO level acceptable?(1.0 to 3.0 mg/1) Q 0 ❑ ■ Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ C Is the site free of excessive buildup of solids in center well of circular clarifier? ■ Are weirs level? ■ Is the site free of weir blockage? ■ ❑ n Is the site free of evidence of short-circuiting? ■ fl ❑ n Is scum removal adequate? ■ Q ❑ 0 Is the site free of excessive floating sludge? ■ Q 0 (] Is the drive unit operational? ■ Q 0 11 Is the return rate acceptable(low turbulence)? ■ Q Is the overflow clear of excessive solids/pin floc? ■ ❑ D 0 Is the sludge blanket level acceptable?(Approximately%4 of the sidewail depth) ■ 0 Q Cl Comment: Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? ■ rl ❑ Is flow meter calibrated annually? ® n ❑ f1 Is the flow meter operational? __ _._ _ ■ 0 0 Cl . (If units are separated)Does the chart recorder match the flow meter? ■ 0 I_l Comment: Disinfection-Gas Yes No NA NE Are cylinders secured adequately? ■ n ❑ Q Are cylinders protected from direct sunlight? ■ ❑ El Is there adequate reserve supply of disinfectant? ■ (_l ❑ ❑ Is the level of chlorine residual acceptable? ❑ ❑ Q ■ Page# 4 Permit: NCO020214 Owner-Facility: Sylva WWTP Inspection Date: 02/19/2009 Inspection Type: Compliance Evaluation Yes No NA NE Disinfection-Gas Is the contact chamber free of growth,or sludge buildup? ■ ❑ ❑ ❑ Is there chlorine residual prior to de-chlorination? ■ ❑ ❑ ❑ Does the Stationary Source have more than 2500 Ibs of Chlorine(CAS No.7782-50-5)? ❑ ■ ❑ ❑ If yes, then is there a Risk Management Plan on site? ❑ ❑ ■ ❑ If yes,then what is the EPA twelve digit ID Number?(1000- - ) If yes,then when was the RMP last updated? Comment: Less than De-chlorination Yes No NA NE Gas Type of system? Is the feed ratio proportional to chlorine amount(1 to 1)? ■ ❑ ❑ ❑ Is storage appropriate for cylinders? ■ ❑ ❑ ❑ #Is de-chlorination substance stored away from chlorine containers? ■ ❑ ❑ ❑ Comment: Are the tablets the proper size and type? ❑ ❑ ■ ❑ Are tablet de-chlorinators operational? 0 Number of tubes in use? Comment: Standby Power Yes No NA NE Is automatically activated standby power available? ® ❑ ❑ ❑ Is the generator tested by interrupting primary power source? ® ❑ ❑ ❑ Is the generator tested under load? ® ❑ ❑ Q was generator tested&operational during the inspection? ❑ ❑ ❑ ■ Do the gene rator(s)-have-adequate capacity-to operate the-entire wastewater site?-- - -- --® n ❑-0- - Is there an emergency agreement with a fuel vendor for extended run on back-up power? ® ❑ ❑ Cl Is the generator fuel level monitored? ® ❑ ❑ ❑ Comment: Page# 5 A' JA ® NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 13, 2009 Mr. Bob Leatherwood Silver Bluff Village 100 Silver Bluff Drive Canton, North Carolina 28716 SUBJECT: Occupancy of New Building Wastewater Treatment Plant Pigeon Valley Rest Home Permit No: NCO033600 Haywood County Dear Mr. Leatherwood: We understand that a new building has been constructed at Silver Bluff Nursing Home that would serve as a storage facility, laundry and space for a satellite office of the Haywood County EMS. It is our opinion that the wastewater treatment plant serving Silver Bluff has sufficient capacity to provide treatment of the wastewater generated by these activities and therefore have no objection to the issuance of a Certificate of Occupancy for the new building. By the way, we look forward the submission of a request for an Authorization to Construct on or before March 31, 2009. Please do not hesitate to call me at (828) 299-4500 should you have need to .discuss this matter. Sincerely, Environmental Engineer Cc: Patrick Bradshaw, PE Wanda Frazier, ARO Surface Water Protection Section Central Files G\WPDATA\DEMWQ\Haywood\33600 Pigeon Valley Rest home\33600-CO Letter.doc SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One 1 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Nort1�Carolina Phone:828-296-4500\FAX:828.299-7043 t.Customer Service:1-877-623-6748 Natt(rally Internet: www,ncwaterquality.org An Equal Opportunity'i Affirmative Action Employe KJ ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 17, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7008 0150 0000 7473 9818 Mack W Edmisten, Director Public Utilities City of Lenoir PO Box 958 Lenoir,NC 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-2009-0087 Caldwell County Dear Mr, Edmisten: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$564.00 ($500.00 civil penalty + $64.00 enforcement costs) against City of Lenoir. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by City of Lenoir for the month of January 2009. 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 January 2009 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that 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, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against City of Lenoir: No thCarolina SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 Phone: (828)296-4500\FAX:828 2997043\Customer Service: 1-877-623-6748 Internet:www.ncwaterguality.org G:\WPDATA\DEMWQ\Caldwell\Lenoir WVVrPs\23736 Gunpowder Creek 0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $0.00 NC0023736, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for RES/TSS. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0023736, by discharging waste water into the waters of the State in violation of the Permit Weekly Average limit for CADMIUM. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0023736, by discharging waste water into the waters of the State in violation of the Permit Weekly Average limit for RES/TSS. $ 500.00 TOTAL CIVIL PENALTY 64.00 Enforcement Costs $ 564.00 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. 14313- 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 rnust 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 Jeff Menzel of the Water Quality staff in the Asheville Regional Office at 828-296-4500. Sincerely, _ Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office ATTACHMENTS cc: Regional Supervisor w/attachments Enforcement File w/attachments Central Files w/attachments JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2009-0087 County: Caldwell Assessed Party: City of Lenoir Permit No, (if applicable): NC0023736 Amount Assessed: 5564.00 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: r N N m a m o o D m M �1 0 0 0 _< O � z mz O n 0 0 o 00 W O 0 0 0 �� GNf m m o �z 0 0 c - 0 0 0 Z7� 0 0 0 :2y r C m O D � 0 0 m m m D I� w 00 { z G mC m n 0 D 'O O V U 9 � m m m z n m x n D 0 0 o p m w w D C > 0 o a m� K n z m Z D N N T O C� x x m m r r � F x o m m CD (DCD m ` C: N z F z C 0 < D O 05 4 0 me c z z c0 mo n m fl. O N (p 0 D r <O N A W rr C: N m mm -4 m 0 0 W 0 N � � a O z D ° CD m < m s D < < e m m m m m (a m z CD m m m X X ry N N V m m m m m m -__� a a C, OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES BOUNTY 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 PERMIT NO. NCO023736 FILE NO. LV-2009-0087 Having been assessed civil penalties totaling $ 564.00_for violation(s) as set forth in the assessment document of the Division of Water Quality dated March 17, 2009, 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 MTt•� RCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 17, 2009 Tom Chisdock, Special Agent U.S. Fish & Wildlife Service Office of Law Enforcement 160 Zillicoa Street, Suite C Asheville,NC 28801 Subject: Past DWQ Violation / Enforcement Documentation Harold Clark/ Western Sand Dear Agent Chisdock: The Division of Water Quality is in receipt of your letter, requesting any and all documentation regarding Mr. Harold Clark's previous activities in waters. Due to their age,the documents in question have been stored in the State's Office of Records Retention. The Asheville Regional Office has requested, on several occasions, for the files in Records Retention to be forwarded for copying and disbursement. The sequence of events are as follows: • April, 2004—Division staff responded to asand dredge owned by Western Sand Corp. (Harold Clark) in Lake Emory that discharged fuel to surface waters. (Sand Mining Permit NCG520039 (expired 07/31/2002) and Mine De-watering permit NCO086461 (expired 11/30/2002)) A Notice of Violation was sent for the unpermitted discharge. • September, 2004—Division Staff identified a dragline operation (owned by Harold Clark)that was removing bed load from the Little Tennessee River at Otto,NC. A letter was sent notifying Mr. Clark that any excavation from aquatic systems required a NPDES permit. • January, 2008—Division staff were notified that an dragline (discovered to be owned by Harold Clark)was operating in the Tuckasegee River along Hwy 441 (between Cherokee and Webster). Subsequent investigation revealed that Mr. Clark had not obtained an NPDES permit for this activity. As of this date, no correspondence has been received in this office with respect to your request. Should documentation become available, it will be forwarded as soon as possible for your consideration. Should you have any questions, please do not hesitate to contact us at 828-296-4500. Sincerely, iG` e Roger C. Edwards, Regional Supervisor Surface Water Protection Section SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE 1��One L, t Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 1 v ONaturally TthCarolina Phone:828-296-450M FAK 828-299-70431 Customer Service:1-877-623-6748 Internet: www,ncwatergtiality.org An Equal Opportunity Affirmative Action Employer AjIA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary. March 17, 2009 Timothy and Sherry Burress Post Office Box 889 Canton,North Carolina 28716 SUBJECT: NOTICE OF VIOLATION NOV-2009-OP-0023 Failure to Secure NCGO10000 Permit Haywood County Response deadline: March 31, 2009 Dear Mr. and Mrs. Burress : By Copy of a Notice of Violation from the Haywood County Erosion Control Program,the Division of Water Quality became aware that you began a land disturbing activity,which required authorization under NPDES permit number -ICGO10000. Failing to secure an authorized erosion control plan is a failure to secure an NCGO10000 construction .stormwater permit. Violations: ® Failure to Secure Stormwater General Permit NCGO10000 A delegated Erosion Control Program DLR file review confirmed that Sedimentation and Erosion Control plan - approval had not been applied for nor secured for the land disturbing activity; therefore,coverage under the NPDES General Permit to discharge stormwater from land disturbing activities has not been secured in accordance with the provision of North Carolina General Statute 143-215.1. This General Permit is applicable to point source discharges from construction activities disturbing five acres of land prior to March 10, 2003. As of March 10, 2003,this permit will be applicable to point source discharges of stormwater from construction activities disturbing one or more acres of land. The submission of a proposed Erosion and Sedimentation Control Plan to the Division of Land Resources or delegated local program shall be considered to take the place of a Notice of Intent for coverage under this General Permit for those projects requiring this Permit coverage. Coverage under this General Permit shall become effective upon issuance of an approval for the Erosion and Sedimentation Control Plan by the Land Quality Section of the Division of Land Resources or delegated local program. Prior to the commencement of construction and land disturbing activities approval of the Erosion and Sedimentation Control Plan shall be obtained. Response Required. One SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE NGI thCarGhna Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 vatuNa//y Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 Y ` " Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer __.. .__.. ....................... _ 5475 Pigeon Road March 17,2009 Page 2 of 2 As listed above, the NCGO10000 stormwater permit requires inspection and record keeping requirements for the project site. This Office requests that you respond to this letter in writing within 30 days of receipt of this letter to both this office at the letterhead address and to the attention of Mr. John Hennessy at the NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should address the following items: a. Please detail the events that resulted in non-compliance with the above-mentioned NPDES NCGO10000 permit conditions. b. Please explain when you anticipate being in full compliance with the Construction Stormwater Permit and your Erosion and Sediment Control Plan. c. Please provide information detailing your compliance with the minimum monitoring and reporting requirements as requested above for each phase of the project. This information must include monitoring records through to the date of your written response to this letter. Specifically, it is requested that DWQ be provided a copy of all rain gauge data and weekly inspection/monitoring reports related to your inspections of the approved sedimentation and erosion control facilities and stormwater outfalls. Copies of all corresponding inspections subsequent to rain events greater than 0.5 inches are requested as well. Failure to provide this information will constitute violations of the subject NPDES NCGO 10000 stormwater permit. d. Finally,you should include in your response an explanation of how you propose to prevent these problems from reoccurring on this project and on future projects. Thank you for your attention to this matter. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Kevin Barnett at(828)296-4500. Sincerely, Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy Division of Land Resources Haywood County Planning T 1jFA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 17, 2009 Michael Posey 76 Kimberly Avenue Asheville,North Carolina 28804 SUBJECT: NOTICE OF VIOLATION NOV-2009-OP-0012 Failure to Secure NCGO10000 Permit Haywood County Response deadline: March 31, 2009 Dear Mr. Posey: By Copy of a Notice of Violation from the Haywood County Erosion Control Program, the Division of Water Quality became aware that you began a land disturbing activity,which required authorization under NPDES permit number NCGO10000. Failing to secure an authorized erosion control plan is a failure to secure an NCG010000 construction stormwater permit. Violations: • Failure to Secure Stormwater General Permit NCGO 10000 A delegated Erosion Control Program DLR file review confirmed that Sedimentation and Erosion Control plan approval had not been applied for nor secured for the land disturbing activity; therefore, coverage under the NPDES General Permit to discharge stormwater from land disturbing activities has not been secured in accordance with the provision of North Carolina General Statute 143-215.1. This General Permit is applicable to point source discharges from construction activities disturbing five acres of land prior to March 10, 2003. As of March 10, 2003,this permit will be applicable to point source discharges of stormwater from construction activities disturbing one or more acres of land. The submission of a proposed Erosion and Sedimentation Control Plan to the Division of Land Resources or delegated local program shall be considered to take the place of a Notice of Intent for coverage under this General Permit for those projects requiring this Permit coverage. Coverage under this General Permit shall become effective upon issuance of an approval for the Erosion and Sedimentation Control Plan by the Land Quality Section of the Division of Land Resources or delegated local program. Prior to the commencement of construction and land disturbing activities approval of the Erosion and Sedimentation Control Plan shall be obtained. Response Required; SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE �TOne Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 1�OhthCarolina Phone:828-296-450M FAX:828-299-70431 Custorner Service:1-877-623-6748 Naturally Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Sunset Falls at Bald Creel: March 17,2009 Page 2 of 2 As listed above, the NCGO10000 stormwater permit requires inspection and record keeping requirements for the project site. This Office requests that you respond to this letter in writing within 30 days of receipt of this letter to both this office at the letterhead address and to the attention of Mr. John Hennessy at the NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should address the following items: a. Please detail the events that resulted in non-compliance with the above-mentioned NPDES NCG010000 permit conditions. b. Please explain when you anticipate being in full compliance with the Construction Stormwater Permit and your Erosion and Sediment Control Plan. c. Please provide information detailing your compliance with the minimum monitoring and reporting requirements as requested above for each phase of the project. This information must include monitoring records through to the date of your written response to this letter. Specifically, it is requested that DWQ be provided a copy of all rain gauge data and weekly inspection/monitoring reports related to your inspections of the approved sedimentation and erosion control facilities and stormwater outfalls. Copies of all corresponding inspections subsequent to rain events greater than 0.5 inches are requested as well. Failure to provide this information will constitute violations of the subject NPDES NCGO10000 stormwater permit. d. Finally,you should include in your response an explanation of how you propose to prevent these problems from reoccurring on this project and on future projects. Thank you for your attention to this matter. This office requires that the violations,as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Kevin Barnett at(828)296-4500. Sincerely, ro, Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy Division of Land Resources Haywood County Planning NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 17, 2009 Johnathon D. Lusk Blue Jay Properties, Inc. 245 Patriot Way Rutherfordton, North Carolina 28139 SUBJECT: NOTICE OF VIOLATION NOV-2009-OP-0013 Failure to Secure NCGO10000 Permit McDowell County Response deadline: March 31, 2009 Dear Mr. Lusk: -9y Copy of a Notice of Violation from the NC Division of Land Resources,the Division of Water Quality became aware .nat you began a land disturbing activity, which required authorization under NPDES permit number NCGO10000. Failing to secure an authorized erosion control plan is a failure to secure an NCGO10000 construction stormwater permit. Violations: i Failure to Secure Stormwater General Permit NCGO10000 A DLR file review confirmed that Sedimentation and Erosion Control plan approval had not been applied for nor secured for the land disturbing activity; therefore, coverage under the NPDES General Permit to discharge stormwater from land disturbing activities has not been secured in accordance with the provision of North Carolina General Statute 143-215.1. This General Permit is applicable to point source discharges from construction activities disturbing five acres of land prior to March 10, 2003. As of March 10, 2003,this permit will be applicable to point source discharges of stormwater frorn construction activities disturbing one or more acres of land. The submission of a proposed Erosion and Sedimentation Control Plan to the Division of Land Resources or delegated local program shall be considered to take the place of a Notice of Intent for coverage under this General Permit for those projects requiring this Permit coverage. Coverage under this General Permit shall become effective upon issuance of an approval for the Erosion and Sedimentation Control Plan by the Land Quality Section of the Division of Land Resources or delegated local program. Prior to the commencement of construction and land disturbing activities approval of the Erosion and Sedimentation Control Plan shall be obtained. Response Required. SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarollna Phone:828-296-4500\FAX:828-299-70431 Customer Service:1-877-623-6748aturallry Internet: www.ncwaterquality.org An Equal Opportunity'%.Affirmative Action Employer Blue Jay Properties March 17,2009 Page 2 of 2 As listed above, the NCG010000 stormwater permit requires inspection and record keeping requirements for the project site. This Office requests that you respond to this letter in writing within 30 days of receipt of this letter to both this office at the letterhead address and to the attention of Mr. John Hennessy at the NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response should address the following items: a. Please detail the events that resulted in non-compliance with the above-mentioned NPDES NCG010000 permit conditions. b. Please explain when you anticipate being in full compliance with the Construction Stormwater Permit and your Erosion and Sediment Control Plan. c. Please provide information detailing your compliance with the minimum monitoring and reporting requirements as requested above for each phase of the project. This information must include monitoring records through to the date of your written response to this letter. Specifically, it is requested that DWQ be provided a copy of all rain gauge data and weekly inspection/monitoring reports related to your inspections of the approved sedimentation and erosion control facilities and stormwater outfalls. Copies of all corresponding inspections subsequent to rain events greater than 0.5 inches are requested as well. Failure to provide this information will constitute violations of the subject NPDES NCG010000 stormwater permit. d. Finally,you should include in your response an explanation of how you propose to prevent these problems from reoccurring on this project and on future projects. Thank you for your attention to this matter. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Kevin Barnett at(828)296-4500. Sincerely, — VI(C�I 144'e?_1 01a Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy Division of Land Resources McDowell County Planning AI*A MEMMM NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H, Sullins Dee Freeman Governor Director Secretary March 17, 2009 Deana Penland Greene 230 Carolina Avenue Marion,North Carolina 28752 SUBJECT: NOTICE OF VIOLATION NOV-2009-OP-0020 Failure to Secure NCGO10000 Permit McDowell County Response deadline: March 31, 2009 Dear Mrs. Greene: By Copy of a Notice of Violation from the NC Division of Land Resources, the Division of Water Quality became aware that you began a land disturbing activity,which required authorization under NPDES permit number NCG010000. Failing to secure an authorized erosion control plan is a failure to secure an NCG010000 construction stormwater permit. Violations: • Failure to Secure Stormwater General Permit NCGO10000 - A DLR file review confirmed that Sedimentation and Erosion Control plan approval had not been applied for nor secured for the land disturbing activity; therefore, coverage under the NPDES General Permit to discharge stormwater from land disturbing activities has not been secured in accordance with the provision of North Carolina General Statute 143-215.1. This General Permit is applicable to point source discharges from construction activities disturbing five acres of land prior to March 10, 2003. As of March 10, 2003,this permit will be applicable to point source discharges of stormwater from construction activities disturbing one or more acres of land. The submission of a proposed Erosion and Sedimentation Control Plan to the Division of Land Resources or delegated local program shall be considered to take the place of a Notice of Intent for coverage under this General Permit for those projects requiring this Permit coverage. Coverage under this General Permit shall become effective upon issuance of an approval for the Erosion and Sedimentation Control Plan by the Land Quality Section of the Division of Land Resources or delegated local program. Prior to the commencement of construction and land disturbing activities approval of the Erosion and Sedimentation Control Plan shall be obtained. Response Required: SURFACE WATER PROTECTION SECTION--ASHEVIL L.E.REGIONAL(,)FF!CE One 1 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOI thCarofina Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 y��//'/ Internet: www,ncwaterquality.org �/ VJf►�atK'/F ll An Equal Opportunity 1 Affrmetive Action Employer Greene Property March 17,2009 Page 2 of 2 As listed above, the NCGO10000 stormwater permit requires inspection and record keeping requirements for the project site. This Office requests that you respond to this letter in writing within 30 days of receipt of this letter to both this office at the letterhead address and to the attention of Mr. John Hennessy at the NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should address the following items: a. Please detail the events that resulted in non-compliance with the above-mentioned NPDES NCGO10000 permit conditions. b. Please explain when you anticipate being in full compliance with the Construction Stormwater Permit and your Erosion and Sediment Control Plan. c. Please provide information detailing your compliance with the minimum monitoring and reporting requirements as requested above for each phase of the project. This information must include monitoring records through to the date of your written response to this letter. Specifically, it is requested that DWQ be provided a copy of all rain gauge data and weekly inspection/monitoring reports related to your inspections of the approved sedimentation and erosion control facilities and stormwater outfalls. Copies of all corresponding inspections subsequent to rain events greater than 0.5 inches are requested as well. Failure to provide this information will constitute violations of the subject NPDES NCG010000 stormwater permit. d. Finally, you should include in your response an explanation of how you propose to prevent these problems from reoccurring on this project and on future projects. Thank you for your attention to this matter. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Kevin \ Barnett at(828)296-4500. Sincerely, Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy Division of Land Resources McDowell County Planning PA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 17, 2009 Yolanda and Isreal Juarez Nancy and Federico Sanches Post Office Box 2775 Marion,North Carolina 28752 SUBJECT: NOTICE OF VIOLATION NOV-2009-OP-0021 Failure to Secure NCGO10000 Permit McDowell County Response deadline: March 31, 2009 Dear Juarez and Sanches parties: By Copy of a Notice of Violation from the NC Division of Land Resources,the Division of Water Quality became aware that you began a land disturbing activity,which required authorization under NPDES permit number NCGO10000. Failing to secure an authorized erosion control plan is a failure to secure an NCGO10000 construction stormwater permit. Violations: • Failure to Secure Stormwater General Permit NCG010000 A DLR file review confirmed that Sedimentation and Erosion Control plan approval had not been applied for nor secured for the land disturbing activity; therefore, coverage under the NPDES General Permit to discharge stormwater from land disturbing activities has not been secured in accordance with the provision of North Carolina General Statute 143-215.1. This General Permit is applicable to point source discharges from construction activities disturbing five acres of land prior to March 10, 2003. As of March 10, 2003,this permit will be applicable to point source discharges of stormwater from construction activities disturbing one or more acres of land. The submission of a proposed Erosion and Sedimentation Control Plan to the Division of Land Resources or delegated local program shall be considered to take the place of a Notice of Intent for coverage under this General Permit for those projects requiring this Permit coverage. Coverage under this General Permit shall become effective upon issuance of an approval for the Erosion and Sedimentation Control Plan by the Land Quality Section of the Division of Land Resources or delegated local program. Prior to the commencement of construction and land disturbing activities approval of the Erosion and Sedimentation Control Plan shall be obtained. Response Required: SURFACE WATER PROTECTION SECTION--ASHEVILL E REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NofthCarolina Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 a,��y� '/ Internet: www.ncwaterqu �/ L llality.org � An Equal Opportunity Affirmative Action Employer ........ _.. ... ....... ... Juarez and Sanches Property March 17,2009 Page 2 of 2 As listed above, the NCGO10000 stormwater permit requires inspection and record keeping requirements for the project site. This Office requests that you respond to this letter in writing within 30 days of receipt of this letter to both this office at the letterhead address and to the attention of Mr. John Hennessy at the NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should address the following items: a. Please detail the events that resulted in non-compliance with the above-mentioned NPDES NCGO10000 permit conditions. b. Please explain when you anticipate being in full compliance with the Construction Stormwater Permit and your Erosion and Sediment Control Plan. c. Please provide information detailing your compliance with the minimum monitoring and reporting requirements as requested above for each phase of the project. This information must include monitoring records through to the date of your written response to this letter. Specifically, it is requested that DWQ be provided a copy of all rain gauge data and weekly inspection/monitoring reports related to your inspections of the approved sedimentation and erosion control facilities and stormwater outfalls. Copies of all corresponding inspections subsequent to rain events greater than 0.5 inches are requested as well. Failure to provide this information will constitute violations of the subject NPDES NCGO10000 stormwater permit. d. Finally,you should include in your response an explanation of how you propose to prevent these problems from reoccurring on this project and on future projects. Thank you for your attention to this matter. This office requires that the violations, as detailed above, be abated immediately. These violations and.any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Kevin Barnett at(828)296-4500. Sincerely, Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy Division of Land Resources McDowell County Planning AjA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 17, 2009 Leslie S. and Vincent P. Foster 1703 Conley Road Morganton,North Carolina 28655 SUBJECT: NOTICE OF VIOLATION NOV-2009-OP-0016 Failure to Secure NCGOI 0000 Permit Burke County Response deadline: March 31, 2009 Dear Mr. Mrs. Foster: By Copy of a Notice of Violation from the Division of Land Resources,the Division of Water Quality became aware that you began a land disturbing activity, which required authorization under NPDES permit number NCGO10000. Failing to secure an authorized erosion control plan is a failure to secure an NCGO10000 construction stormwater permit. Violations: • Failure to Secure Stormwater General Permit NCG010000 A DLR file review confirmed that Sedimentation and Erosion Control plan approval had not been applied for nor secured for the land disturbing activity; therefore, coverage under the NPDES General Permit to discharge stormwater from land disturbing activities has not been secured in accordance with the provision of North Carolina General Statute 143-215.1. This General Permit is applicable to point source discharges from construction activities disturbing five acres of land prior to March 10, 2003, As of March 10, 2003,this permit will be applicable to point source discharges of stormwater from construction activities disturbing one or more acres of land. The submission of a proposed Erosion and Sedimentation Control Plan to the Division of Land Resources or delegated local program shall be considered to take the place of a Notice of Intent for coverage under this General Permit for those projects requiring this Permit coverage. Coverage under this General Permit shall become effective upon issuance of an approval for the Erosion and Sedimentation Control Plan by the Land Quality Section of the Division of Land Resources or delegated local program. Prior to the commencement of construction and land disturbing activities approval of the Erosion and Sedimentation Control Plan shall be obtained. Response Required: %SURFACE WATER PROTECTION SECTION ASHEVILLE REGIONAL OFFICE One Location:2090 US.Highway 70,Swannanoa,North Carolina 28778 NOrthCarollna Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 'j��a�u`y��J�,/ Internet: www.ncwaterquality.org 0/ i /✓'J An Loud Opportunity t Aflirmallve Action Employer ....... .._ .... . Foster Property March 17,2009 Page 2 of 2 As listed above, the NCG010000 stormwater permit requires inspection and record keeping requirements for the project site. This Office requests that you respond to this letter in writing within 30 days of receipt of this letter to both this office at the letterhead address and to the attention of Mr. John Hennessy at the NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617, Your response should address the following items: a. Please detail the events that resulted in non-compliance with the above-mentioned NPDES NCGO10000 permit conditions. b. Please explain when you anticipate being in full compliance with the Construction Stormwater Permit and your Erosion and Sediment Control Plan. c. Please provide information detailing your compliance with the minimum monitoring and reporting requirements as requested above for each phase of the project. This information must include monitoring records through to the date of your written response to this letter. Specifically, it is requested that DWQ be provided a copy of all rain gauge data and weekly inspection/monitoring reports related to your inspections of the approved sedimentation and erosion control facilities and stormwater outfalls. Copies of all corresponding inspections subsequent to rain events greater than 0.5 inches are requested as well. Failure to provide this information will constitute violations of the subject NPDES NCGO10000 stormwater permit. d. Finally, you should include in your response an explanation of how you propose to prevent these problems from reoccurring on this project and on future projects. Thank you for your attention to this matter. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Kevin Barnett at(828)296-4500. Sincerely, l J IL' � Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy Division of Land Resources Burke County Planning AMMMMM NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 17, 2009 Tom E. Betzweiser, Vice President American Roller Bearing Company Post Office Box 68 Hickory,North Carolina 28603 SUBJECT: NOTICE OF VIOLATION NOV-2009-OP-0014 Failure to Secure NCGO10000 Permit Burke County Response deadline: March 31, 2009 Dear Mr. Betzweiser: -'3y Copy of a Notice of Violation from the NC Division of Land Resources,the Division of Water Quality became aware that you began a land disturbing activity, which required authorization under NPDES permit number NCGO10000. Failing to secure an authorized erosion control plan is a failure to secure an NCGO10000 construction stormwater permit. Violations: ® Failure to Secure Stormwater General Permit NCGO10000 A DLR file review confirmed that Sedimentation and Erosion Control plan approval had not been applied for nor secured for the land disturbing activity; therefore, coverage under the NPDES General Permit to discharge stormwater from land disturbing activities has not been secured in accordance with the provision of North Carolina General Statute 143-215.1. This General Permit is applicable to point source discharges from construction activities disturbing five acres of land prior to March 10, 2003. As of March 10, 2003,this permit will be applicable to point source discharges of stormwater from construction activities disturbing one or more acres of land. The submission of a proposed Erosion and Sedimentation Control Plan to the Division of Land Resources or delegated local program shall be considered to take the place of a Notice of Intent for coverage under this General Permit for those projects requiring this Permit coverage. Coverage under this General Permit shall become effective upon issuance of an approval for the Erosion and Sedimentation Control Plan by the Land Quality Section of the Division of Land Resources or delegated local program. Prior to the commencement of construction and land disturbing activities approval of the Erosion and Sedimentation Control Plan shall be obtained. Response Required: SUH FACE WATER PROTECTION SECTION ASHEVILLE 'EOICNAL OFF One t, Location.2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOT t11CaTOfina Phone 828-296-45001 FAX.828-299-70431 Customer Service:1-877-623-6748 � Internet: www,ncwatergtiality.org Naturally An Equal Opportunity�Affirmative Action Employer American Roller Bearing Company March 17,2009 Page 2 of 2 As listed above,the NCG010000 stormwater permit requires inspection and record keeping requirements for the project site. This Office requests that you respond to this letter in writing within 30 days of receipt of this letter to both this office at the letterhead address and to the attention of Mr. John Hennessy at the NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should address the following items: a. Please detail the events that resulted in non-compliance with the above-mentioned NPDES NCGO10000 permit conditions. b. Please explain when you anticipate being in full compliance with the Construction Storrnwater Permit and your Erosion and Sediment Control Plan. c. Please provide information detailing your compliance with the minimum monitoring and reporting requirements as requested above for each phase of the project. This information must include monitoring records through to the date of your written response to this letter. Specifically, it is requested that DWQ be provided a copy of all rain gauge data and weekly inspection/monitoring reports related to your inspections of the approved sedimentation and erosion control facilities and stormwater outfalls. Copies of all corresponding inspections subsequent to rain events greater than 0.5 inches are requested as well. Failure to provide this information will constitute violations of the subject NPDES NCG010000 stormwater permit. d. Finally,you should include in your response an explanation of how you propose to prevent these problems from reoccurring on this project and on future projects. Thank you for your attention to this matter. This office requires that the violations,as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Kevin Barnett at(828)296-4500. Sincerely, ' ril�l fir` g� Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy Division of Land Resources Burke County Planning NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 17, 2009 Ronald B. Lewis Burke County Manager's Office Post Office Box 219 Morganton, North Carolina 28680 SUBJECT: NOTICE OF VIOLATION NOV-2009-OP-0015 Failure to Secure NCGO10000 Permit Burke County Response deadline: March 31, 2009 Dear Mr. Lewis: 'ly Copy of a Notice of Violation from the NC Division of Land Resources, the Division of Water Quality became aware that you began a land disturbing activity,which required authorization under NPDES permit number NCGO10000, Failing to secure an authorized erosion control plan is a failure to secure an NC6010000 construction stormwater permit. Violations: Failure to Secure Stormwater General Permit NCGO10000 A DLR file review confirmed that Sedimentation and Erosion Control plan approval had not been applied for nor secured for the land disturbing activity; therefore, coverage under the NPDES General Permit to discharge stormwater from land disturbing activities has not been secured in accordance with the provision of North Carolina General Statute 143-215.1. This General Permit is applicable to point source discharges from construction activities disturbing five acres of land prior to March 10, 2003. As of March 10,2003,this permit will be applicable to point source discharges of stormwater from construction activities disturbing one or more acres of land. The submission of a proposed Erosion and Sedimentation Control Plan to the Division of Land Resources or delegated local program shall be considered to take the place of a Notice of Intent for coverage under this General Permit for those projects requiring this Permit coverage. Coverage under this General Permit shall become effective upon issuance of an approval for the Erosion and Sedimentation Control Plan by the Land . comm encement of . mmenc • o the co local program. Prior t Quality Section of the Division of Land Resources or delegated l p g construction and land disturbing activities approval of the Erosion and Sedimentation Control Plan shall be obtained. Response Required: , - 1 SlJi2PACE 4VA i CRrt NFtQTECTICJi�SECTION -ASMEVILLE REGIONAL OFFICE Une NOl"t11Car01111a Location 2090 U.S.Highway 70.Swannanoa,North Carolina 28778 Phone:828-296-45001 FAX:828-299-70431 ctastomer Service 1-877-623-6748 �a��yr� Internet: www.ncwatergLiality.org ` l/y An Equal Opportunity Atfirrnative Action Employer ........ ......... ........_.... Catawba Meadows Park March 17,2009 Page 2 of As listed above, the NCGO10000 stormwater permit requires inspection and record keeping requirements for the project site. This Office requests that you respond to this letter in writing within 30 days of receipt of this letter to both this office at the letterhead address and to the attention of Mr. John Hennessy at the NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should address the following items: a. Please detail the events that resulted in non-compliance with the above-mentioned NPDES NCGO10000 permit conditions. b. Please explain when you anticipate being in full compliance with the Construction Stormwater Permit and your Erosion and Sediment Control Plan. c. Please provide information detailing your compliance with the minimum monitoring and reporting requirements as requested above for each phase of the project. This information must include monitoring records through to the date of your written response to this letter. Specifically, it is requested that DWQ be provided a copy of all rain gauge data and weekly inspection/monitoring reports related to your inspections of the approved sedimentation and erosion control facilities and stormwater outfalls. Copies of all corresponding inspections subsequent to rain events greater than 0.5 inches are requested as well. Failure to provide this information will constitute violations of the subject NPDES NCGO 10000 stormwater permit: d. Finally, you should include in your response an explanation of how you propose to prevent these problems from reoccurring on this project and on future projects. Thank you for your attention to this matter. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Kevin Barnett at(828)296-4500. Sincerely, Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy Division of Land Resources Burke County Planning AjA AMMEMM NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 17, 2009 Roy Jay Young 627 Walker Branch Road Mars Hill,North Carolina 28754 SUBJECT: NOTICE OF VIOLATION NOV-2009-OP-0019 Failure to Secure NCGO10000 Permit Madison County Response deadline: March 31, 2009 Dear Mr. Young: By Copy of a Notice of Violation from the NC Division of Land Resources, the Division of Water Quality became aware that you began a land disturbing activity, which required authorization under NPDES permit number NCG010000. Failing to secure an authorized erosion control plan is a failure to secure an NCGO10000 construction stormwater permit. Violations: • Failure to Secure Stormwater General Permit NCGO10000 A DLR file review confirmed that Sedimentation and Erosion Control plan approval had not been applied for nor secured for the land disturbing activity; therefore, coverage under the NPDES General Permit to discharge stormwater from land disturbing activities has not been secured in accordance with the provision of North Carolina General Statute 143-215.1. This General Permit is applicable to point source discharges from construction activities disturbing five acres of land prior to March 10, 2003. As of March 10, 2003,this permit will be applicable to point source discharges of stormwater from construction activities disturbing one or more acres of land. The submission of aproposed Erosion and Sedimentation Control Plan to the Division of Land Resources or delegated local program shall be considered to take the place of a Notice of Intent for coverage under this General Permit for those projects requiring this Permit coverage. Coverage under this General Permit shall become effective upon issuance of an approval for the Erosion and Sedimentation Control Plan by the Land Quality Section of the Division of Land Resources or delegated local program. Prior to the commencement of construction and land disturbing activities approval of the Erosion and Sedimentation Control Plan shall be obtained. Response Required: SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-296-45001 FAX:828-299-70431 Customer Service:'1-877-623-6748 Internet: www,ncwatergtiality.org Naturally An Equal Opportunity''.Affirmative Action Employer .._._........._. ......._.. Young Property March 17,2009 Page of 2 As listed above, the NCG010000 stormwater permit requires inspection and record keeping requirements for the project site. This Office requests that you respond.to this letter in writing within 30 days of receipt of this letter to both this office at the letterhead address and to the attention of Mr. John Hennessy at the NPS Assistance and Compliance Oversight Unit, 1.617 Mail Service Center, Raleigh, NC 27699-1617. Your response should address the following items: a. Please detail the events that resulted in non-compliance with the above-mentioned NPDES NCGO10000 permit conditions. b. Please explain when you anticipate being in full compliance with the Construction Stormwater Permit and your Erosion and Sediment Control Plan. c. Please provide information detailing your compliance with the minimum monitoring and reporting requirements as requested above for each phase of the project. This information must include monitoring records through to the date of your written response to this letter. Specifically, it is requested that DWQ be provided a copy of all rain gauge data and weekly inspection/monitoring reports related to your inspections of the approved sedimentation and erosion control facilities and stormwater outfalls. Copies of all corresponding inspections subsequent to rain events greater than 0.5 inches are requested as well. Failure to provide this information will constitute violations .of the subject NPDES NCGO 10000 stormwater permit. d. Finally, you should include in your response an explanation of how you propose to prevent these problems from reoccurring on this project and on future projects. Thank you for your attention to this matter. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Kevin Barnett at(828)296-4500. Sincerely, Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy Division of Land Resources Madison County Planning Q.2:2. �CV 1`®®��1�99 R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 17, 2009 Kevin Boone, Pastor Enon Baptist Church 174 Ammons Branch Road Marshall, North Carolina 28754 SUBJECT: NOTICE OF VIOLATION NOV-2009-OP-0018 Failure to Secure NCGO10000 Permit Madison County Response deadline: March 31, 2009 Dear Pastor Boone: 3y Copy of a Notice of Violation from the NC Division of Land Resources,the Division of Water Quality became aware that you began a land disturbing activity, which required authorization under NPDES permit number NCG010000. Failing to secure an authorized erosion control plan is a failure to secure an NCGO10000 construction stormwater permit. [violations: • Failure to Secure Stormwater General Permit NCGO10000 A DLR file review confirmed that Sedimentation and Erosion Control plan approval had not been applied for nor secured for the land disturbing activity; therefore, coverage under the NPDES General Permit to discharge stormwater from land disturbing activities has not been secured in accordance with the provision of North Carolina General Statute 143-215.1. This General Permit is applicable to point source discharges from construction activities disturbing five acres of land prior to March 10, 2003. As of March 10,2003,this permit will be applicable to point source discharges of stormwater from construction activities disturbing one or more acres of land. The submission of a proposed Erosion and Sedimentation Control Plan to the Division of Land Resources or delegated local program shall be considered to take the place of a Notice of Intent for coverage under this General Permit for those projects requiring this Permit coverage. Coverage under this General Permit shall become effective upon issuance of an approval for the Erosion and Sedimentation Control Plan by the Land Quality Section of the Division of Land Resources or delegated local program. Prior to the commencement of construction and land disturbing activities approval of the Erosion and Sedimentation Control Plan shall be obtained. Response Required: SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway70,Swannanoa,North Carolina 28778 NOrthCaT011na Phone:828-296-4.5001 FAX:828-299-70431 Customer Service:1-877-623-6748 Internet: www.ncwaterqu Naturally aiity.org An Equal Opportunity'.Attirmativo Action Employer ........ ......._.. .._.. .. .._.. . _ __ __ __ _ _ _ ...._. .. _... Enon Baptist Church March 17,2009 Page 2 of 2 As listed above, the NCG010000 stormwater permit requires inspection and record keeping requirements for the project site. This Office requests that you respond to this letter in writing within 30 days of receipt of this letter to both this office at the letterhead address and to the attention of Mr. John Hennessy at the NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response should address the following items: a. Please detail the events that resulted in non-compliance with the above-mentioned NPDES NCG010000 permit conditions. b. Please explain when you anticipate being in full compliance with the Construction Stormwater Permit and your Erosion and Sediment Control Plan. c. Please provide information detailing your compliance with the minimum monitoring and reporting requirements as requested above for each phase of the project. This information must include monitoring records through to the date of your written response to this letter. Specifically, it is requested that DWQ be provided a copy of all rain gauge data and weekly inspection/monitoring reports related to your inspections of the approved sedimentation and erosion control facilities and stormwater otltfalls. Copies of all corresponding inspections subsequent to rain events greater than 0.5 inches are requested as well. Failure to provide this information will constitute violations of the subject NPDES NCGO10000 stormwater permit. d. Finally, you should include in your response an explanation of how you propose to prevent these problems from reoccurring on this project and on future projects. Thank you for your attention to this matter. This office requires that the violations,as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Kevin Barnett at(828)296-4500. Sincerely, Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy Division of Land Resources Madison County Planning ARL NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 17, 2009 Glenn Tolar 363 Brunswick Drive Waynesville, North Carolina 28786 Freddie and Becky Ferguson 32 Canterbury Lane Waynesville,North Carolina 28786 SUBJECT: NOTICE OF VIOLATION NOV-2009-OP-0012 Failure to Secure NCGO10000 Permit Haywood County Response deadline: March 31, 2009 Dear Messrs. Tolar and Ferguson: - ,jy Copy of a Notice of Violation from the Haywood County Erosion Control Program, the Division of Water Quality became aware that you began a land disturbing activity, which required authorization under NPDES permit number NCGO10000. Failing to secure an authorized erosion control plan is a failure to secure an NCGO10000 construction stormwater permit. Violations: • Failure to Secure Stormwater General Permit NCGO10000 A delegated Erosion Control Program DLR file review confirmed that Sedimentation and Erosion Control plan approval had not been applied for nor secured for the land disturbing activity; therefore,coverage under the NPDES General Permit to discharge stormwater from land disturbing activities has not been secured in accordance with the provision of North Carolina General Statute 143-215.1. This General Permit is applicable to point source discharges from construction activities disturbing five acres of land prior to March 10, 2003. As of March 10, 2003,this permit will be applicable to point source discharges of stormwater from construction activities disturbing one or more acres of land. The submission of a proposed Erosion and Sedimentation Control Plan to the Division of Land Resources or delegated local program shall be considered to take the place of a Notice of Intent for coverage under this General Permit for those projects requiring this Permit coverage. Coverage under this General Permit shall become effective upon issuance of an approval for the Erosion and Sedimentation Control Plan by the Land Quality Section of the Division of Land Resources or delegated local program. Prior to the commencement of construction and land disturbing activities approval of the Erosion and Sedimentation Control Plan shall be obtained. Response Required: SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE T�TOne Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 1 V orth fCar011lla Phone:828-296-45001 FAk 828-299-70431 Customer Service:1-877-623-6748 YRtllrRlh�J Internet: www.ncwaterquaJity.org An Equal Opportunity's Affirmative Action Employer Tolar/Ferguson Property March 17,2009 Page 2 of 2 As listed above, the NCGO10000 stormwater permit requires inspection and record keeping requirements for the project site. This Office requests that you respond to this letter in writing within 30 days of receipt of this letter to both this office at the letterhead address and to the attention of Mr. John Hennessy at the NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response should address the following items: a. Please detail the events that resulted in non-compliance with the above-mentioned NPDES NCGO10000 permit conditions. b. Please explain when you anticipate being in full compliance with the Construction Stormwater Permit and your Erosion and Sediment Control Plan. c. Please provide information detailing your compliance with the minimum monitoring and reporting requirements as requested above for each phase of the project. This information must include monitoring records through to the date of your written response to this letter. Specifically, it is requested that DWQ be provided a copy of all rain gauge data and weekly inspection/monitoring reports related to your inspections of the approved sedimentation and erosion control facilities and stormwater outfalls. Copies of all corresponding inspections subsequent to rain events greater than 0.5 inches are requested as well. Failure to provide this information will constitute violations of the subject NPDES NCGO10000 stormwater permit. d. Finally,you should include in your response an explanation of how you propose to prevent these problems from reoccurring on this project and on future projects. Thank you for your attention to this matter. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Kevin Barnett or myself at(828)296-4500. Sincerely, �\ dlr �C:J Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy Division of Land Resources Haywood County Planning 1 rv..r NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 17, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED—7007 1490 0004 0798 7834 Jeffery and Donna Campbell 3654 Sandlewood Drive Brunswick, Ohio 44212 CERTIFIED MAIL RETURN RECEIPT REQUESTED— 7008 0150 0000 7473 9801 Scott Campbell J. Scott Campbell Construction Company, Inc. 145 Winners Circle Clyde,North Carolina 28721 SUBJECT: NOTICE OF VIOLATION NOV-2009-OP-0025 Campbell Property Construction Stormwater Permit—NCGO10000 Stream Standard Violation - Other Waste (In-stream sediment) Haywood County Response deadline: April 17, 2009 Dear Messrs. Campbell By copy of the Notice of Violation issued by the Haywood County Erosion Control program and subsequent site visit, the Division of Water Quality has investigated the Campbell property located at 17 Saddlebrook Lane in Haywood County. Construction Stormwater Permit NCGO10000, 401 certification, and stream standards violations were noted during the inspection and file review. Sediment impacts to an un-named tributary to re docum ented constituting permit, certification and standard Creek Class C we g Crabtree C ( ) violations. As a result of the site inspection and file review, the following violations, detailed below, were noted: SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location'.2090 U.S.Highway 70,Swannanoa.North Carolina 28778 NorthCarolina Phone:828-296-45001 FAX:828-299-70431 Custorner Service:1-877-623-6748 �atlll"q�hJ Internet: www.ncwaterquality.org `66 An Equal opportunity'\Affirmative Action Employer Campbell Property March 17,2009 Page 2 of 5 I Construction Stormwater Permit NCGO 10000 a. Schedule of Compliance (Part 1. Section C. No. 2) b. Twenty-four Hour Reporting (Part II. Section E. No.3) 11 Stream Standard Violation Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f III Failure to Secure a 401 WQC VIOLATIONS I. Construction Stormwater Permit NCG010000 - A Construction Stormwater Permit (NCGO10000) is issued upon the approval of an Erosion and Sedimentation Control Plan for sites greater than one acre. This permit applies to projects that receive a Division of Land Resources (DLR) (or local delegated program - Haywood County) for disturbance of 1 acre or greater. Specifically, the NCGO10000 Permit authorizes discharge of Stormwater under the National Pollutant Discharge Elimination System(NPDES) in accordance with Title 15 A North Carolina Administrative Code 2H.0100. a. Schedule of Compliance (Part I. Section C. No. 2) Failure to operate and maintain stormwater controls to optimum efficiency as cited by Division of Land Resources Notice of Violation dated October 27, 2008, represents a violation of NCGO10000 Permit. b. Twenty-four Hour Reporting (Part II. Section E. No.3) The lack of notification to DWQ regarding sediment loss represents violations of NCGO10000 Permit. II. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f- Greater than 30 feet of an un-named tributary to Crabtree Creek (Class C) was impacted by sediment deposition greater than 3 inches throughout the stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f) III. Failure to Secure a 401 WQC - DWQ site visits and file review confirmed that impacts (culverting and excavation) occurred without a 404 Permit from the U.S. Army Corps of Engineers. A file review indicates that the U.S. Army Corps of Engineers (COE) has not authorized use of a 404 Permit for this activity nor has notification been provided to the COE for this activity. The file review confirmed that a Pre-construction Notification has not been received by the Division of Water Quality for this project and that a 401 Water Quality Certification has not been issued. A Pre-Construction Notification submitted to DWQ is required prior to the above-mentioned impacts pursuant to 15A NCAC 2H .0500. REQUIRED RESPONSE This Office requests that you respond in writing within 30 days of receipt of this Notice. Your response should be sent to both the attention of Kevin Barnett, Division of Water Quality, 2090 US HWY 70, Swannanoa, NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699- 1617. Your response should address the following items: Property 17,2009 ee3of5 I. Construction Stormwater Permit NCG010000 a. Please detail the events that resulted in non-compliance with the above-mentioned NCGO10000 permit conditions. b. Please explain when you anticipate being in full compliance with the NCGO10000 Permit and your Erosion and Sediment Control Plan. c. Please provide information detailing your compliance with the minimum monitoring and reporting requirements as requested above for each phase of the project. This information must include monitoring records through to the date of your written response to this letter. Specifically,it is requested that DWQ be provided a copy of all rain gauge data and weekly inspection/monitoring reports related to your inspections of the approved sedimentation and erosion control facilities and stormwater outfalls. Copies of all corresponding inspections subsequent to rain events greater than 0.5 inches are requested as well. Failure to provide this information will constitute violations of the subject NCGO10000 Permit. d. You should include in your response an explanation of how you propose to prevent these problems from reoccurring on this project and on future projects. -! e. Minimum Monitoring and Record Keeping Please provide copies of all monitoring and record keeping for the last 6 months. Please refer to the attached Stormwater Inspection For General Permit NCG010000 form. This form is to be filled out for every week and after each '/z inch rain event. The following bulleted list provides guidance on how to conduct monitoring and record keeping activities in such a way as to be compliant with the NCGO10000 Permit. • Rainfall is to be monitored and recorded daily as noted in the RAINFALL Section of the form. Rainfall data should not be reported based on a weekly accrual read of the date of the inspection. ® Erosion and Sedimentation Control Facilities are to be inspected every week and after each ''/2 inch rain event. It is required to individually list each of the BMPs (e.g. basins, silt fences, etc.) to be inspected, the date and time inspected, the initials of the inspector, whether the device is operating properly, and any corrective actions taken as noted in the EROSION AND SEDIMENTATION CONTROL FACILITES INSPECTED Section of the form. Campbell Property March 17,2009 Page 4 of 5 ® Stormwater Discharge Outfalls are to be inspected every week and after each ''/z inch rain event. It is required to individually list each of the outfalls to be inspected, the date and time inspected, the initials of the inspector, clarity, floating and suspended solids, oil sheen, other pollution indicators, visible sediment, and any preventative or corrective actions taken as noted in the OBSERVATIONS OF RUNOFF AT STORMWATER DISCHARGE OUTFALLS Section of the form. II. Stream Standard - Other Waste (In-Stream Sediment) a. Please explain when construction (excavation, grubbing, and clearing) began at the site. b. Please provide a map that exactly details the jurisdictional waters on the tract. This map should indicate all of the jurisdictional waters on the tract as well as the areas that have been impacted, both on and off site. This information must be clearly depicted on a map that you provide as a part of this response: c. Please submit a Sediment Removal Restoration Plan (Restoration Plan) to this office for review and approval. The Restoration Plan must address removal of the accumulated sediment from the un-named tributary to Crabtree Creek (Class C). The Restoration Plan must be submitted to the Division of Water Quality for review and approval prior to implementation. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with your plan development, permit application and authorization necessary to achieve compliance. It is recommended that your consultant contact Kevin Barnett of the Asheville Regional Office for additional guidance during restoration plan development. The Restoration Plan should include the following: • A narrative explaining how sediment will be removed and how impacted jurisdictional waters will be restored. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. ® A diagram of the stream channel, referenced with photo documentation of sediment impacts. • A narrative explaining how sediment will be retained on the site and kept out of waterways, and how restoration activities will be conducted such that turbidity standards are not exceeded. d. Once the Restoration Plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Kevin Barnett. t'roperty i 7,2009 a5of5 III. 401 WQ Certification a. Clearly explain why appropriate 401 Water Quality. b. Provide a proposed schedule of when you expect to have the required 401 WQ Certification submitted to DWQ. e. It is required that you contact the United States Army Corps of Engineers to determine if a 404 Permit is necessary for the impoundment impacts and for these restoration activities. d. Satisfactory stream restoration requires planting in accordance with the EEP Publication "Guidelines for Riparian Buffer Restoration". This document is available electronically at http://www.nceep.net/news/reports/buffers.pdf. 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) 296-4500. Sincerely, Roger C. Edwards Regional Supervisor Surface Water Protection Section Eric: NCGO10000 permit cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Division of Land Resources Haywood County Planning G:\WPDATA\DGMWQ\Haywood\Stormwater Construction NCO 10\NCR001502.NOV20090P0025.Campbell Property.doe s •� PICA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 17, 2008 Madison County DWQ Project 20090173 TIP No. B-3869 NCSR 1151 (Big Pine Road) Approval of 401 Water Quality Certification with Additional Conditions Dr. Greg Thorpe, PhD., Manager Project Development and Environmental Analysis North Carolina Department of Transportation 1548 Mail Service Center Raleigh,North Carolina, 27699-1548 Dear Dr. Thorpe: You have our approval, in accordance with the conditions listed below, for the following impacts to Big Pine Creek for the purpose of constructing a bridge abutment in Big Pine Creek on NCSR 1151 (Big Pine Road) in Madison County: Stream Impacts in the French Broad River Basin Site Permanent Temporary Permanent Temporary Total Stream Fill in Fill in Fill in Impacts in Stream Impacts Intermittent Intermittent Perennial Perennial Impact Requiring Stream (linear Stream Stream Stream (linear ft) Mitigation ft) (linear ft) (linear ft) (linear ft) (linear ft) Site 1 0 0 40 0 40 0 Total 0 0 40 0 40 0 Total Stream Permanent Impact for Project: 40 linear feet. The project should be constructed in accordance with your application dated February 3, 2009 (received February 19, 2009), 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. 3687, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 23. 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. !RFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohria Phone:828-296-45001 FAX:828 299-70431 Custorner Service:1-877-623-6748 u fa6 y��/�� Internet: www.ncwaterquality.org N/ V 6 An Equal Opportunity 1 Affirmative Action Employer .. ..............__.. .. . Dr. Greg Thorpe, PhD. March 17, 2009 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 must be installed and maintained on the project site until all disturbed soils are permanently stabilized. All bare soil should be seeded as soon as possible following disturbance. Erosion control mating shall be used in conjunction with appropriate seeding on disturbed stream banks. Matting should be secured in place with staples or wherever possible, live stakes of native trees. Tall fescue shall not be used in riparian areas. 3. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted area shall be revegetated with appropriate native species. 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. NCDOT must adhere to all appropriate in-water moratoriums prescribed by the NC Wildlife Resources Commission. 6. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High Quality Waters (HQW) or Water Supply I or II (WS-1, WS-II), stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff prior to discharging directly into streams. Please refer to the most current version of Stormwater Best Management Practices. Mowing of existing vegetated buffer areas is strongly discouraged. 7. If multiple pipes or barrels are required, they shall be designed to mimic the natural stream cross section as closely as possible, including pipes and barrels at floodplain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 8. Deck drains should not discharge directly into the streams. Stormwater shall be directed across the culvert 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. Stormwater shall be managed in accordance with your State Stormwater Permit issued by the Division of Water Quality. 9. The dimension, pattern and profile of the stream, above and below the new culvert, 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. sreg Thorpe, PhD. .arch 17, 2009 Page Three 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. 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 DWQ 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, DWQ 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, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd., Suite 250, Raleigh,North Carolina 27604. 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 LAMA permit. Dr. Greg Thorpe, PhD, March 17, 2009 Page Four 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, t!Le`Zt,t-ek �. t Coleen H. Sullins, Director Division of Water Quality cc: David Baker, USACE, Asheville Field Office J. J. Swain,Jr., P.E., Division 13 Engineer Roger Bryan, Division 13, DEO Ed Ingle, Roadside Environmental Marla Chambers, NCWRC Transportation Permitting Unit Asheville Regional Office 090173(Thorpe)TIP B-3869 NCSR 1 151 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Goleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 17, 2009 John C. Lancaster 1819 Littlejohn Drive Morganton,North Carolina 28655 Peter J. Barna Carolina Oaks,LLC 550 Biltmore Way Suite 1110 Coral Gables, Florida 33134 SUBJECT: NOTICE OF VIOLATION NOV-2009-PC-0237 Deerfield—Phase 2 Construction Stormwater Permit—NCGO10000 Burke County Response deadline: April 1, 2009 Dear Mr. Lancaster and Barna: By Copy of a Notice of Violation from the NC Division of Land Resources, the Division of Water Quality became aware that you began a land disturbing activity, which is regulated under under NPDES permit number NCG010000. Construction Stormwater Permit NCG010000 violations were noted during the file review. As a result of the site inspection and file review, the following violations, detailed below, were noted: I Construction Stormwater Permit NCGO10000 a. Schedule of Compliance (Part I. Section C. No. 2) i SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollrta Phone:828-296-45001 FAX:828-299-70431 Custorner Service:1-877-623-674$ AaAffally. Internet: www.ncwaterquality.org An Equal Opportunity%Aftlrmative Action Employer Deerfield—Phase 2 March 17,2009 Page 2 of 3 VIOLATIONS I. Construction Stormwater Permit NCG010000 - A Construction Stormwater Permit (NCG010000) is issued upon the approval of an Erosion and Sedimentation Control Plan for sites greater than one acre. This permit applies to projects that receive a Division of Land Resources (DLR) for disturbance of 1 acre or greater. Specifically, the NCG010000 Permit authorizes discharge of stormwater under the National Pollutant Discharge Elimination System (NPDES) in accordance with Title 15 A North Carolina Administrative Code 2H.0100. a. Schedule of Compliance (Part I. Section C. No. 2) Failure to operate and maintain stormwater controls to optimum efficiency as cited by Division of Land Resources Notice of Violation dated January 22, 2009, represents a violation of NCGO10000 Permit. REQUIRED RESPONSE This Office requests that you respond in writing within 15 days of receipt of this Notice. Your response should be sent to both the attention of Kevin Barnett, Division of Water Quality, 2090 US HWY 70, Swannanoa, NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699- 1617. Your response should address the following items: I. Construction Stormwater Permit NCGO10000 a. Please detail the events that resulted in non-compliance with the above-mentioned NCG010000 permit conditions. b. Please explain when you anticipate being in full compliance with the NCGO10000 Permit and your Erosion and Sediment Control Plan. c. Please provide information detailing your compliance with the minimum monitoring and reporting requirements as requested above for each phase of the project. This information must include monitoring records through to the date of your written response to this letter. Specifically, it is requested that DWQ be provided a copy of all rain gauge data and weekly inspection/monitoring reports related to your inspections of the approved sedimentation and erosion control facilities and stormwater outfalls. Copies of all corresponding inspections subsequent to rain events greater than 0.5 inches are requested as well. Failure to provide this information will constitute violations of the subject NCGO10000 Permit. d. You should include in your response an explanation of how you propose to prevent these problems from reoccurring on this project and on future projects. nase 2 2009 of 3 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) 296-4500. Sincerely, a Roger C. Edwards Regional Supervisor Surface Water Protection Section Enc: NCGO10000 permit cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Division of Land Resources Consultant Burke County Planning G:\WPDATA\DEMWQ\Burke\Stormwater Construction N0001\NCR001498.NOV2009PCO237.DeerfieldPhase2.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 17, 2009 CERTIFIED MAIL RE'rURN RECEIPT REQUESTED—7008 0150 0000 7473 9832 Mack W Edmisten, Director Public Utilities City of Lenoir PO Box 958 Lenoir, NC 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 Creels WWTP Case No. LV-2009-0086 Caldwell County Dear Mr. Edmisten: ` This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,814.00 ($1,750.00 civil penalty+ $64.00 enforcement costs) against City of Lenoir. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by City of Lenoir for the month of December 2008, 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 December 2008 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that 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, Roger C Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against City of Lenoir: None rthCarolina it Naturaily SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828)296-4500\FAX`828 2997043\Customer Service: 1-877-623-6748 Internet:www.ncwaterguality.org G:\WPDATA\DEMWQ\Caldwell\Lenoir WWTPs\23736 Gunpowder Creek I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0023736, by discharging waste water into the waters of the State in violation of the Permit Weekly Average limit for RES/TSS. 1 of the 1 violations of G.S. 143-215.1(a)(6)and NPDES Permit No. $1,500,00 NC0023736, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for RES/TSS. $1,750.00 TOTAL CIVIL PENALTY $64.00 Enforcement Costs $1,814.00 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. r 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 Pacts" 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 J 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 Jeff Menzel with the Water Quality staff in the Asheville Regional Office at 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office ATTACHMENTS cc: Regional Supervisor w/attachments Enforcement File w/attachments Central Files w/attachments JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2009-0086 County: Caldwell Assessed Party: City of Lenoir Permit No. (if applicable): NC0023736 Amount: Assessed: $1,814,00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: ATE 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 STIPULATION OF FACTS PERMIT NO. NCO023736 FILE NO. LV-2009-0086 Having been assessed civil penalties totaling $1,814.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated March 17, 2009, 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 � W x U W W z m O m g a a � 7 N ,�p N C O W F- >Q M O J W N 0 W N W g= N w =J N 00 U; Cl) J Q U N N O � V M w U LLW O� ~U) E E z -yQ > >LLJ O 00 0 a ® z w � a v J w 3 _ J w x x p LL m m m p m w U 2 h o 0 a z oo a ) > a U 0. Y d p ' a. U d H W U) U) MU) U)C Q W W = a af cc U F J Q U 0 W W LL J U. 0 0 FLL o 0 O m p V! OO a N U O Z Q. N Z M o M yy J o W Q o 0 D- _ z N N LU .J DL b9 A' ii�� . NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 17, 2009 Woodberry L. Bowen RiverSky LLC 910 North Walnut Street Lumberton, North Carolina 28358 SUBJECT: NOTICE OF VIOLATION NOV-2009-OP-0026 RiverSky Development Construction Stormwater Permit—NCGO10000 Stream Standard Violation - Other Waste (In-stream sediment) Madison County Response deadline: April 1, 2009 Dear Mr. Bowen: By copy of the Notice of Violation issued by the NC Division of Land Resources program, the Division of Water Quality is aware of violations within the RiverSky development in Madison County. Failure to apply for a Construction Stormwater Permit NCGO10000, and stream standards violations were noted during the file review. Sediment impacts to an un-named tributary to the French Broad River (Class B) were documented constituting permit and standard violations. As a result of the site inspection and file review, the following violations, detailed below, were noted: I Failure to Secure Construction Stormwater Permit NCGO10000 II Stream Standard Violation Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 1 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollna Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 Js��y�a�� Internet: www.ncwaterquality.org ��/ An Equal Opportunity 1 Affirmative Action Employer RiverShy Development March 17,2007 Page 2 of 4 VIOLATIONS I. Construction Stormwater Permit NCG010000 - A Construction Stormwater Permit (NCGO10000) is issued upon the approval of an Erosion and Sedimentation Control Plan II. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f—An un-named tributary to the French Broad River was impacted by sediment deposition throughout the stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f) REQUIRED RESPONSE This Office requests that you respond in writing prior to April 1, 2009. Your response should be sent to both the attention of Kevin Barnett, Division of Water Quality, 2090 US HWY 70, Swannanoa, NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should address the following items: I. Construction Stormwater Permit NCGO10000 a. Please detail the events that resulted in your failure to obtain with the above- mentioned NCG010000 permit. b. Please explain when you anticipate obtaining coverage under the NCG010000 Permit and compliance with Erosion and Sediment Control program. �� c. Please provide information detailing your compliance with the minimum monitoring and reporting requirements as requested above for each phase of the project. This information must include monitoring records through to the date of your written response to this letter. Specifically, it is requested that DWQ be provided a copy of all rain gauge data and weekly inspection/monitoring reports related to your inspections of the approved sedimentation and erosion control facilities and stormwater outfalls. Copies of all corresponding inspections subsequent to rain events greater than 0.5 inches are requested as well. Failure to provide this information will constitute violations of the subject NCGO10000 Permit. d. You should include in your response an explanation of how you propose to prevent these problems from reoccurring on this project and on future projects. t � ,;velopment ,,2007 s of 4 II. Stream Standard - Other Waste (In-Stream.Sediment) a. Please explain when construction (excavation, grubbing, and clearing) began at the site. b. Please provide a map that exactly details the jurisdictional waters on the tract. This map should indicate all of the jurisdictional waters on the tract as well as the areas that have been impacted, both on and off site. This information must be clearly depicted on a map that you provide as a part of this response; e. Please submit a Sediment Removal Restoration Plan (Restoration Plan) to this office for review and approval. The Restoration Plan must address removal of the accumulated sediment from the un-named tributary to the French Broad Rover (Class B). The Restoration Plan must be submitted to the Division of Water Quality for review and approval prior to implementation. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with your plan development, permit application and authorization necessary to achieve compliance. It is recommended that your consultant contact Kevin Barnett of the Asheville Regional Office for additional guidance during restoration plan development. The Restoration Plan should include the following: ® A narrative explaining how sediment will be removed and how impacted jurisdictional waters will be restored. \ . A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. ® A diagram of the stream channel, referenced with photo documentation of sediment impacts. ® A narrative explaining how sediment will be retained on the site and kept out of waterways, and how restoration activities will be conducted such that turbidity standards are not exceeded. d. Once the Restoration Plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Kevin Barnett. RiverSky Development March 17,2007 Page 4 of 4 Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. 'These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Kevin Barnett at (828) 296-4500. Sincerely, Roger C. Edwards Regional Supervisor Surface Water Protection Section Eric: NCGO10000 permit cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy Division of Land Resources Madison County Planning GAWPDATA\DEMWQ\NonPoint Source Team\Stormwater\Construction\Compliance\ncr001503.nov2009op0026.riversky.doe f,-1 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality C®leen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 17, 2009 Steve Miller Lavonia Crest LLC 37 Binary Drive Bakersville, North Carolina 28705 SUBJECT: NOTICE OF VIOLATION NOV-2009-DV-0095 Lavonia Crest Construction Stormwater Permit—NCGO10000 Stream Standard Violation - Other Waste (In-stream sediment) Mitchell County Response deadline: April 16, 2009 Dear Mr. Miller: By copy of the Notice of Violation issued by the NC Division of Land Resources program, the Division of Water Quality is aware of violations within the Lavonia Crest development in Mitchell County. Construction Stormwater Permit NCGO10000 and stream standards violations were noted during the inspection and file review. Sediment impacts to Greene Creek (Class C, Tr, HQW) were documented constituting permit and standard violations. As a result of the site inspection and file review, the following violations, detailed below, were noted: I Construction Stormwater Permit NCGO10000 a. Schedule of Compliance (Part I. Section C. No. 2) b. Twenty-four Hour Reporting (Part I1. Section E. No.3) SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE �aTOne Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 1 v ol"thC2rofina. Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 AahmallY Internet: www.ncwaterquality.org An Equal Opportunity t Affirmative Action Employer . ........ ....... ... Lavonia Crest March 17,2009 Page 2 of 5 II Stream Standard Violation Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f VIOLATIONS I. Construction Stormwater Permit NCG010000 - A Construction Stormwater Permit (NCG010000) is issued upon the approval of an Erosion and Sedimentation Control Plan for sites greater than one acre. This permit applies to projects that receive a Division of Land Resources (DLR) for disturbance of 1 acre or greater. Specifically, the NCG010000 Permit authorizes discharge of stormwater under the National Pollutant Discharge Elimination System (NPDES) in accordance with Title 15 A North Carolina Administrative Code 2H.0100. a. Schedule of Compliance (Part 1. Section C. No. 2) Failure to operate and maintain stormwater controls to optimum efficiency as cited by Division of Land Resources Notice of Violation dated 09/02/2008, represents a violation of NCGO10000 Permit. b. Twenty-four Hour Reporting (Part II. Section E. No.3) The lack of notification to DWQ regarding sediment loss represents violations of NCGO10000 Permit. II. Stream Standard Violation - Other Waste (In-stream sediment) - 15A NCAC 02B .0211 (3)f- Greene Creek (Class C, Tr, HQW) was impacted by sediment deposition representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f) REQUIRED RESPONSES This Office requests that you respond in writing prior to April 16, 2009. Your response should be sent to both the attention of Kevin Barnett, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should address the following items: I. Construction Stormwater Permit NCGO10000 a. Please detail the events that resulted in non-compliance with the above-mentioned NCG010000 permit conditions. b. Please explain when you anticipate being in full compliance with the NCGO10000 Permit and your Erosion and Sediment Control Plan. ,est 1,2009 3 of 5 c. Please provide information detailing your compliance with the minimum monitoring and reporting requirements as requested above for each phase of the project. This information must include monitoring records through to the date of your written response to this letter. Specifically, it is requested that DWQ be provided a copy of all rain gauge data and weekly inspection/monitoring reports related to your inspections of the approved sedimentation and erosion control facilities and stormwater outfalls. Copies of all corresponding inspections subsequent to rain events greater than 0.5 inches are requested as well. Failure to provide this information will constitute violations of the subject NCGO10000 Permit. d. You should include in your response an explanation of how you propose to prevent these problems from reoccurring on this project and on future projects. e. Minimum Monitoring and Record Keeping — Please provide copies of all monitoring and record keeping for the last 6 months. Please refer to the attached Stormwater Inspection For General Permit NCGO10000 form. This form is to be filled out for every week and after each '/2 inch rain event. The following bulleted list provides guidance on how to conduct monitoring and record keeping activities in such a way as to be compliant with the NCGO10000 Permit. Rainfall is to be monitored and recorded daily as noted in the RAINFALL Section of the form. Rainfall data should not be reported based on a weekly accrual read of the date of the inspection. • Erosion and Sedimentation Control Facilities are to be inspected every week and after each '/2 inch rain event. It is required to individually list each of the BMPs (e.g. basins, silt fences, etc.) to be inspected, the date and time inspected, the initials of the inspector, whether the device is operating properly, and any corrective actions taken as noted in the EROSION AND SEDIMENTATION CONTROL FACILITES INSPECTED Section of the form. ® Stormwater Discharge Outfalls are to be inspected every week and after each '/2 inch rain event. It is required to individually list each of the outfalls to be inspected, the date and time inspected, the initials of the inspector, clarity, floating and suspended solids, oil sheen, other pollution indicators, visible sediment, and any preventative or corrective actions taken as noted in the OBSERVATIONS OF RUNOFF AT STORMWATER DISCHARGE OUTFALLS Section of the form. Lavonia Crest March 17,2009 Page 4of5 f. The Permittee (Financially Responsible Party as indicated on Erosion and Sedimentation Control Plan application) is required to sign the inspection form each week, certifying that the report is accurate and complete. The Permittee may authorize a representative to sign these documents (please see Part I1 Section B (10 b) of the NCG010000 Permit for proper procedure). II. Stream Standard - Other Waste (In-Stream Sediment) a. Please explain when construction (excavation, grubbing, and clearing) began at the site. b. Please provide a map that exactly details the jurisdictional waters on the tract. This map should indicate all of the jurisdictional waters on the tract as well as the areas that have been impacted, both on and off site. This information must be clearly depicted on a map that you provide as a part of this response; c. Please submit a Sediment Removal Restoration Plan (Restoration Plan) to this office for review and approval. The Restoration Plan must address removal of the accumulated sediment from Greene Creek (Class C, Tr, HQW). The Restoration Plan must be submitted to the Division of Water Quality for review and approval prior to implementation. You'are encouraged to secure an environmental consultant experienced in stream restoration to assist you with your plan development, permit application and authorization necessary to achieve compliance. It is recommended that your consultant contact Kevin Barnett of the Asheville Regional Office for additional guidance during restoration plan development. The Restoration Plan should include the following: • A narrative explaining how sediment will be removed and how impacted jurisdictional waters will be restored. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. • A diagram of the stream channel, referenced with photo documentation of sediment impacts. • A narrative explaining how sediment will be retained on the site and kept out of waterways, and how restoration activities will be conducted such that turbidity standards are not exceeded. d. Once the Restoration Plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Kevin Barnett. -st r,2009 or5 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) 296-4500. Sincerely, i ID l Roger C. Edwards Regional Supervisor Surface Water Protection Section Eric: NCGO10000 permit cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Division of Land Resources Consultant Mitchell County Planning G:\WPDATA\DEMWQ\Nlitchell\Stormwater Construction NCGOI\NCR001500,NOV2009DVO095.LavoniaCrest.doe +^aeM NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 17, 2009 Nelson Bates B & B Concrete Products, Inc. 1687 Georgia Hwy Franklin,NC 28734 SUBJECT: NPDES Stormwater Permit Compliance Inspection B & B Concrete Products Incorporated Permit No: NCG070022 Macon County Dear Mr. Bates: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on March 11, 2009. The facility was found to be out of compliance with permit NCG070022. Enclosed is a copy of the Compliance Inspection Report, which contains additional observations and comments for your reference. As indicated during the site visit, I will contact you about setting up a meeting to assist you with developing the needed materials and practices to return the facility to compliance with the stormwater permit. Please contact me at (828) 296-4664 or chuck cranford(cr�ncmail.net, if I can answer any questions prior to our meeting. Sincerely, Chuck Cranford Environmental Specialist Surface Water Protection Enclosure cc: Central Files Asheville Files Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-2964500\FAX:828-299-70431 Customer Service:1-877-623-6748 Nol-thCarolina Internet:www.ncwaterquality.org atltl"ld(y An Equal Opportunity\Affirmative Action Employer Compliance Inspection Report Permit: NCG070022 Effective: 06/01/08 Expiration: 05/31/13 Owner: B& B Concrete Products Inc SOC: Effective: Expiration: Facility: B&B Concrete Products Incorporated County: Macon 1687 Georgia Hwy Region: Asheville Franklin NC 28734 Contact Person: Nelson Bates Title: Phone: Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 03/11/2009 Entry Time: 10:00 AM Exit Time: 10:45 AM Primary Inspector: Chuck Cranford Phone: Secondary Inspector(s): i Kevin H Barnett Phone: 828-296-4500 Ext.4657 Reason for Inspection: Routine Inspection Type:Compliance Evaluation Permit Inspection Type: Stone, Clay, Glass,and Concrete Products Stormwater Discharge COC Facility Status: 0 Compliant 0 Not Compliant Question Areas: Storm Water (See attachment summary) Page: 1 ..-.--._--... Permit: NCG070022 Owner-Facility: B&B Concrete Products Inc Inspection Date: 03/11/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine Inspection Summary: The inspector was met onsite by Mr. Nelson Bates. Kevin Barnett(DWQ)was also present. Mr. Bates has not developed nor.implemented a SPPP. The inspector indicatd he would provide assistance to bring the facility into compliance with the permit. Page: 2 Permit: NCG070022 Owner-Facility: B&B Concrete Products Inc Inspection Date: 03/11/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? Q ® ❑ D #Does the Plan include a General Location(USGS)map? ® Q 0 #Does the Plan include a"Narrative Description of Practices"? ❑ ® n #Does the Plan include a detailed site map including outfall locations and drainage areas? ❑ M Q 11 #Does the Plan include a list of significant spills occurring during the past 3 years? Q ■ #Has the facility evaluated feasible alternatives to current practices? Cl ® ❑ ❑ #Does the facility provide all necessary secondary containment? ❑ ® n ❑ #Does the Plan include a BMP summary? ❑ ■ n Q #Does the Plan include a Spill Prevention and Response Plan(SPRP)? Q 0 0 Q #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? Cl 0 0 Cl #Does the facility provide and document Employee Training? ® Q #Does the Plan include a list of Responsible Party(s)? ❑ ® ❑ Q #Is the Plan reviewed and updated annually? Q ® Q ❑ Cl #Does the Plan include a Stormwater Facility Inspection Program? ❑ ® 11 Has the Stormwater Pollution Prevention Plan been implemented? Q Q Comment: Permittee has not developed a SPPP. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ❑ 0 00 Comment: Permittee has not monitored SW. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? Q ® ❑ #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? O ® 0 Comment: Permittee has not monitored SW. Permit and Outfalls Yes No NA NE #Is a copy of the Permit and the Certificate of Coverage available at the site? Q 110 #Were all outfalls observed during the inspection? Cl 0 00 #If the facility has representative outfall status, is it properly documented by the Division? Q 0 #Has the facility evaluated all illicit(non stormwater)discharges? D m 0 Q Comment: Permittee has not fulfilled permit requirements. Page: 3 United States Environmental Protection Agency Form Approved. E P nr1 Washington,D.C.20460 OMB No.2040-0057 Water Com liance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 151 31 N00079561 111 1211 09/01/26 117 181 c 19L J 20I Remarks J l— 2111IIIIIIIIIIIIIIIIII [ ill IIIIIIIIIIIIIIIIIIIIIII6 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved---------------------- 67 I 169 70I+—I 71 UI 72I N 73�74 751 I ( I I I I 180 Section B: Facility Data —� Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 11:30 PM 09/01/26 08/02/01 Elk Park WWTP Elk River Rd NCSR 1305 Exit Time/Date Permit Expiration Date Elk Park NC 28622 12:30 PM 09/01/26 12/09/30 Name(s)of Onsite Rep resentative(s)/fitles(s)/Phone and Fax Number(s) Other Facility Data Otis D Ward/// Otis D Ward/ORC/828-733-9573/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Darlene Hicks,PO Box 248 Elk Park NC 28622/// No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Flow Measurement N Operations&Maintenance E Facility Site Review ®Effluent/Receiving Waters Section D: Summa 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 Keith Haynes `Z/Z ARO WQ//828-296-4500/ '� Don Price Point Source Branch//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ARO WQ//828-296-4500/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 ...... . ... .. NPDES yr/mo/day Inspection Type 1 3I NCO079561 I11 12I 09/01/26 I17 18ICI Section D. Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The operator telephoned on March 6, 2009 to inform that the airline repairs had been completed. A follow-up inspection will be performed to further determine compliance. Page# 2 Permit: NC0079561 owner-Facility: Elk Park VWVFP Inspection Date: 01/26/2009 Inspection Type: Compliance Evaluation Yes No NA NE Operations &Maintenance Is the plant generally clean with acceptable housekeeping? 0 ■ 00 Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids,pH, DO, Sludge ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: Housekeeping could be improved. Yes No NA NE Equalization Basins Is the basin aerated? ® Q Q n Is the basin free of bypass lines or structures to the natural environment? ® ❑ ❑ ❑ Is the basin free of excessive grease? ® n ❑ O Are all pumps present? Cl ❑ 0 Are all pumps operable? ® n ❑ Are float controls operable? ® � Are audible and visual alarms operable? n ❑ ❑ #Is basin size/volume adequate? Q 0 n Comment: Yes No NA NE Bar Screens Type of bar screen a.Manual n_ b.Mechanical Are the bars adequately screening debris? Q Q Q Is the screen free of excessive debris? ® 0 13 ❑ Is disposal of screening in compliance? ® ❑ ❑ El Is the unit in good condition? ® Q Comment: The screen collects some "solids" that would benefit the WVVTP. Yes No NA NE Aeration Basins Ext.Air Mode of operation Diffused Type of aeration system Is the basin free of dead spots? n ® ❑ Cl Are surface aerators and mixers operational? 0000 Are the diffusers operational? Cl ® ❑ Cl Is the foam the proper color for the treatment process? ® � 0 0 Page# 3 .... ... ... ....... .... _...... Permit: NCO079561 Owner-Facility: Elk Park WWTP Inspection Date: 01/26/2009 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Does the foam cover less than 25%of the basin's surface? ■ n fl ❑ Is the DO level acceptable? ■ ❑ ❑ (_-i Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ (_) (� ❑ Comment: There were some leaks in the airlines or the blowers are not properly sized for optimum operation. Some of the lines were to be replaced and a follow-up inspection will be performed to verify this. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ 0 ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ■ ❑ 0 ❑ Are weirs level? ■ ❑ ❑ fl Is the site free of weir blockage? ■ 0 ❑ ❑ Is the site free of evidence of short-circuiting? ■ ❑ ❑ 0 Is scum removal adequate? ■ ❑ ❑ ❑ Is the site.free of excessive floating sludge? ■ 0 ❑ ❑ Is the drive unit operational? ❑ ❑ Is the return rate acceptable(low turbulence)? ® ❑ ❑ (l \`J` Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑ Is the sludge blanket level acceptable?(Approximately'%of the sidewall depth) ■ ❑ ❑ ❑ Comment: One of the clarifiers was down due to mechanical issues and peeling away of the coating. This problem needs attention. Disinfection-Gas Yes No NA NE Are cylinders secured adequately? ■ ❑ Q Q Are cylinders protected from direct sunlight? ■ ❑ Cl Is there adequate reserve supply of disinfectant? ■ ❑ 0 ❑ Is the level of chlorine residual acceptable? ■ fl ❑ ❑ Is the contact chamber free of growth,or sludge buildup? ® ❑ ❑ ❑ Is there chlorine residual prior to de-chlorination? ❑ 0 ❑ Does the Stationary Source have more than 2500 Ibs of Chlorine(CAS No. 7782-50-5)? ❑ ❑ ■ ❑ If yes, then is there a Risk Management Plan on site? ❑ ❑ ■ ❑ If yes,then what is the EPA twelve digit ID Number?(1 000- -_) If yes,then when was the RMP last updated? Page# 4 Permit: NCO079561 Owner-Facility: Elk Park WWTP Inspection Date: 01/26/2009 Inspection Type: Compliance Evaluation Yes No NA NE Disinfection-Gas Comment: Yes No NA NE De-chlorination -- Gas Type of system? Is the feed ratio proportional to chlorine amount(1 to 1)? ® pnn Is storage appropriate for cylinders? 0000 #Is de-chlorination substance stored away from chlorine containers? ■ n ❑ Q Are the tablets the proper size and type? ❑ ❑ Comment: S02 gas Are tablet de-chlorinators operational? ❑ Q ® ❑ 0 Number of tubes in use? Comment: Yes No NA NE Flow Measurement-Effluent #Is flow meter used for reporting? ® El fl ❑ Is flow meter calibrated annually? ® ❑ rl Is the flow meter operational? (If units are separated) Does the chart recorder match the flow meter? ® nrl ❑ Comment: There was no flow during this inspection as the chlorine contact basin had been pumped down for repairs to the WVVfP Yes No NA NE Effluent Pipe Is right of way to the outfall properly maintained? 0 ■ Are the receiving water free of foam other than trace amounts and other debris? ■ Q ❑ ❑ If effluent (diffuser pipes are required) are they,operating properly? ❑ I] ■ Comment: th inspectors were not able to locate the outfall pipe. The outfall should be located with the right of way properly maintained. Page# 5 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 18, 2009 Ted Deal Alpine Village 108 Hennesse Street Morganton, North Carolina 28655 SUBJECT: NOTICE OF VIOLATION NOV-2009-SP-0003 Alpine Village Construction Stormwater Permit—NCGO 10000 Burke County Response deadline: April 1, 2009 Dear Mr. Deal: By Copy of a Notice of Violation from the NC Division of Land Resources, the Division of Water Quality became aware that you began a land disturbing activity, which is regulated under under NPDES permit number NCGO10000. Construction Stormwater Permit NCGO10000 violations were noted during the file review. As a result of the site inspection and file review, the following violations, detailed below, were noted: I Construction Stormwater Permit NCGO10000 i. Schedule of Compliance (Part L Section C. No. 2) II Stream Standard Violation Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 {fly+ // Internet: www.ncwaterquality.org vVatural`y An Equal Opportunity,Affirmative Action Employer Alpine Village March 18,2009 Page 3 ol'4 d. You should include in your response an explanation of how you propose to prevent these problems from reoccurring on this project and on future projects. II. Stream Standard - Other Waste (In-Stream Sediment) a. Please explain when construction (excavation, grubbing, and clearing) began at the site. b. Please provide a map that exactly details the jurisdictional waters on the tract. This map should indicate all of the jurisdictional waters on the tract as well as the areas that have been impacted, both on and off site. This information must be clearly depicted on a map that you provide as a part of this response; e. Please submit a Sediment Removal Restoration Plan (Restoration Plan) to this office for review and approval. The Restoration Plan must address removal of the accumulated sediment from Little Silver Creek (Class C). The Restoration Plan must be submitted to the Division of Water Quality for review and approval prior to implementation. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with your plan development, permit application and authorization necessary to achieve compliance. It is recommended that your consultant contact Kevin Barnett of the Asheville Regional Office for. additional guidance during restoration plan development. The Restoration Plan should include the following: f • A narrative explaining how sediment will be removed and how impacted jurisdictional waters will be restored.` • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment, • A diagram of the stream channel, referenced with photo documentation of sediment impacts. • A narrative explaining how sediment will be retained on the site and kept out of waterways, and how restoration activities will be conducted such that turbidity standards are not exceeded. Once the Restoration Plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Kevin Barnett. ,J9 4 d. You should include in your response an explanation of how you propose to prevent these problems from reoccurring on this project and on future projects. II. Stream Standard - Other Waste (In-Stream Sediment) a. Please explain when construction (excavation, grubbing, and clearing) began at the site. b. Please provide a map that exactly details the jurisdictional waters on the tract. This map should indicate all of the jurisdictional waters on the tract as well as the areas that have been impacted, both on and off site. This information must be clearly depicted on a map that you provide as a part of this response; e. Please submit a Sediment Removal Restoration Plan (Restoration Plan) to this office for review and approval. The Restoration Plan must address removal of the accumulated sediment from Little Silver Creek (Class C). The Restoration Plan must be submitted to the Division of Water Quality for review and approval prior to implementation. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with your plan development, permit application and authorization necessary to achieve compliance. It is recommended that your consultant contact Kevin Barnett of the Asheville Regional Office for additional guidance during restoration plan development. The Restoration Plan should include the following: ® A narrative explaining how sediment will be removed and how impacted . jurisdictional waters will be restored. ® A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. ® A.diagram of the stream channel, referenced with photo documentation of sediment impacts. 9 A narrative explaining how sediment will be retained on the site and kept out of waterways, and how restoration activities will be conducted such that turbidity standards are not exceeded. Once the Restoration Plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Kevin Barnett. Alpine Village March 18,2009 Page 4 of 4 Thank you for your attention to this matter. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Kevin Barnett at (828) 296-4500. Sincerely, e Roger C. Edwards Regional Supervisor Surface Water Protection Section Enc: NCGO10000 permit cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy Division of Land Resources Burke County Planning G:\WPDATA\DEMWQ\Burke\Stormwater Construction NCG01\NCR001506.NOV2009SP0003.AlpineVillage.doc d � • NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H, Sullins Dee Freeman Governor Director Secretary March 18, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 0150 0000 7473 9825 Mr. Donnie Bassinger, Assistant Superintendent Caldwell County Schools 1914 Hickory Boulevard SW Lenoir, North Carolina 28645 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 NCO041220 Caldwell County Schools Oak Hill Elementary School Case No. LV-2009-0088 - Caldwell County Dear Mr. Bassinger: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$315.00 ($250.00 civil penalty + $65.00 enforcement costs) against Caldwell County Schools. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Caldwell County Schools for the month of October 2008. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0041220. The violations which occurred in October 2008 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Caldwell County Schools violated the terms, conditions or requirements of NPDES Permit NCO041220 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, 1, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Caldwell County Schools: NorthCarolina Nat ably SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 Phone: (828)296-4500\FAX: 828 2997043\Customer Service: 1-877-623-6748 Internet:www ncwaterguality.00 I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0041220, by discharging waste water into the waters of the State in violation of the Permit Monthly Geometric Mean limit for FEC COLT. $250.00 TOTAL CIVIL PENALTY $65.00 Enforcement Costs $315.00 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. 14313- 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 wiry you believe the civil penalty should be � remitted, and submit it to the Division of Water Quality at the address listed below. In .pining whether a remission request will be approved, the following factors shall be Ansidered: (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 General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-16011 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, Roger C. Edwards, Regional Supervisor Surface Water Protection Section ATTACHMENTS cc: DWQ Asheville Files w/attachments DWQ Central Files w/attachments Bob Guerra/ DWQ Enforcement Files w/attachments Douglas Lee/ORC/ Water Tech Lab w/attachments GAWPDATA\DEMWQ\Caldwell\41220 Oak Hill Elementary School\41220.LV-2009-0088.Oak Hill.doc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2009-0088 County: Caldwell Assessed Party: Caldwell County Schools/ Oak Hill Elementary Permit No.: NC0041220 Amount Assessed: $315.00 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 ENVIRONMEN . COUNTY OF CALDWELL AND NATURAL RESOURCES IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND CALDWELL COUNTY SCHOOLS/ STIPULATION OF FACTS OAK HILL ELEMENTARY ) PERMIT NO. NC0041220 ) FILE NO. LV-2009-0088 Having been assessed civil penalties totaling $315.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated March 18, 2009, 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 C l0 w a a 0 E'a) ~ X w 7 C N 0 Q Z O ' w WF o 0 J V a O w raa-w J J N UQ J 7 Q U H o � N A U LL� O o D m w 3k O U N c O O O G Q V U Z y N w c w x 00 LL N U U <C _ w m O d g Fw Q Z -j M m u O0 1 > U U O O s v N a� C CD N w uW LL1 w O U Z U Y Q w m n. U- F O F a U 0 w WJ J Ma. 7 O 0 C14 Z F �° O O O W o U O Z� z M E Imo- O o _ o LLI J CL I » o�Ja AMMUNWAHL NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 18, 2009 Mr. J. J. Swain, Jr., P.E. Division 13 Engineer N.C. Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Inspection-NCSR 1565 (Gabriels Creek. Road) DWQ Project 08-1382 TIP No. B-4184 Madison County Dear Mr. Swain:, On March 17, 2009, 1 inspected the construction work on NCSR 1565 (Gabriels Creek Road) in Madison County. Construction work is well underway on the project with the south side bent under construction. Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and rotect downstream waters. Please refer to the attached inspection report mulching are performed as needed to p for any specific items noted during the inspection. If you have questions, please call me at 828-296-4500. Sincerely, r Michael R. Parker Environmental Senior Specialist Attachment cc: Randy McKinney, PE Roger Bryan, Division 13, DEO Ed Ingle, Roadside Environmental Transportation Permitting Unit Niki Maher,NPS Assistance and Compliance Oversight Unit Mike Parker, Asheville Regional Office (Swain)NCSR 1565(Gabriels Ck.Road)Inspection Letter March 2009 SURFACE WATER PROTECTION SECTION-Asheville Regional Office 2090 U.S 70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299 7043 Tone L, t Customer Service:1-877 623-6748 l v C)1rthCarohrna Internet:www ncwaterguality.org vVatm ally An Equal opportunity 1 Affirmative Action Employer ldt 6l DWQ Site Visits for DOT Projects Field Sheet DWQ representative: Michael R. Parker Date: March 17,2009 County: Buncombe Region: Asheville DOT Division: Division 13 Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #: 08-1382 NW Permit#: IP#: Project Name: NCSR 1565 Bridge Replacement Proiect Location of Project: NCSR 1565 Gabriels Creek Road in Madison County Project Complete: [-]Yes X No If no, estimated date of completion: —� Activities(DOT): Water Quality Concerns (DWQ): X❑ Bridge ❑ Steam Standards Violation ❑ Culvert X❑ Turbidity ❑ Bottomless Culvert ❑ Evidence of spills ❑ Bottomless Arch ❑ Oil/Petroleum X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste ❑ Spoil Pile ❑ Failed E & S control measures ❑ Borrow Pit X❑ Sedimentation Impacts ❑ Wetland.Mitigation ❑ Stormwater Permit Violation ❑ Stream Restoration ❑ Fill ❑ On-site Stream Relocation ❑ Buffer Impacts(see below) ❑ Buffer Restoration ❑ Other ❑ Bank Stabilization ❑ Other Fill Additional Wetland Impacts: ❑ yes ❑ no Estimated Acres ❑ Zone I Est Acres I I ❑ Zone 2 Est Acres Additional Stream Impacts: ❑ yes X❑ no Est Linear feet Estimated linear feet of impact: Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba Zone 1: ❑Ycs ❑No Est linear ft/acreage of buffer impact ft/ ac Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited DW® Site Visits for DOT Projects Background Info Name of Waterway(s): Ivy River Basin/Subbasin: FBR 040304 Wetland Type: ❑Isolated ❑Non-Isolated (Waters of US) Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB X❑Class C ❑ORW ❑Trout ❑WS-II1 ❑NSW ❑HQW ❑WS-I ❑WS-IV ❑SA ❑CA Type of Authorized Impact: ❑Culvert ❑Bottomless Culvert X❑Bridge ❑Bottomless Arch X❑Riprap Inlet/Outlet Stabilization X❑Fill Authorized Wetland Impacts: ❑0— 1/10`h acre X❑I/] It"to 1/3`d acre ❑1/3`d to 1.0 acre ❑> 1.0 acre Authorized Stream Impacts: X❑< 150 linear feet ❑> 150 linear feet Work is underway at the bridge construction site with the south side bent presently being constructed. Grading work along the existing roadway is also underway. Some seeding and mulching have been completed. Sediment and erosion control devices appear to be working properly. Continue to maintain erosion control devices and continue with seeding and mulching as required. Project looked to be in good condition and shape. NCSR 1565 Gabriels Creek Road March 2009 Inspection Report XA � •X - ..-ftoT AmbMISAIdIL NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 18, 2009 Mr. J. J. Swain,Jr., P.E. Division 13 Engineer N.C. Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Inspection-NC Highway 146 DWQ Project 07-0124 TIP No. R-2813 B Buncombe County Dear Mr. Swain: On March 4,2009, I inspected the construction work on NC Highway 146 project(Long Shoals Road) in Buncombe County. Construction work on the 1-26 and Long Shoals Road bridges are continuing. Utility construction is continuing along the new portion of Long Shoals Road. Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect downstream waters. Please refer to the attached inspection report for any specific items noted during the inspection. If you have questions, please call me at 828-296-4500. Sincerely, m Michael R. Parker Environmental Senior Specialist Attachment cc: Cole Hood, PE Roger Bryan, Division 13, DEO Ed Ingle, Roadside Environmental Transportation Permitting Unit Niki Maher,NPS Assistance and Compliance Oversight Unit Mike Parker, Asheville Regional Office (Swain)NC Highway 146 Inspection Letter March 2009 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S 70 Highway,swannanoa NC 28778-8211 Phone:828-296-4500 FAX 828-299 7043 i�TOnc't, 1 Customer Service.1-877-623-6748 Northi Carci.l1n Internet:www ncwaterqualitv,org ,ry f 9 rall " An Equal Opportunity'\Affimative Action Employer �ZbbLL `l� DWQ Site Visits for DOT Proiects Field Sheet DWQ representative: Michael R. Parker Date: March 4,2009 County: Buncombe Region: I Asheville DOT Division: Division 13 Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #: 07-0124V.5 NW.Permit#:[== IP#: E== Project Name: NC Highway 146 Widening Location of Project: NC Highway 146 Long Shoals Road From west of NCSR 2501 to east of 1-26 in Buncombe County Project Complete: ❑Yes X No If no, estimated date of completion: Activities(DOT): Water Quality Concerns (DWQ): X❑ Bridge ❑ Steam Standards Violation X❑ Culvert X❑ Turbidity ❑ Bottomless Culvert ❑ Evidence of spills ❑ Bottomless Arch ❑ Oil/Petroleum X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste ❑ Spoil Pile ❑ Failed E & S control measures ❑ Borrow Pit X❑ Sedimentation Impacts X❑ Wetland Mitigation ❑ Stormwater Permit Violation ❑ Stream Restoration ❑ Fill X❑ On-site Stream Relocation ❑ Buffer Impacts(see below) ❑ Buffer Restoration ❑ Other ❑ Bank Stabilization ❑ Other Fill Additional Wetland Impacts: X❑ yes ❑ no Estimate 0.40 acres ❑Zone 1 Est Acres F7== ❑ Zone 2 Est Acres Additional Stream Impacts: ❑ yes X❑ no Est Linear feet Estimated linear feet of impact: �— Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ =ac Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ _ac Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited DWO Site Visits for DOT Projects Background Info Name of Waterway(s): French Broad River and two unnamed tributaries to FBR. Basin/Subbasin: FBR 040302 Wetland Type: ❑Isolated X❑Non-Isolated (Waters of US) Stream Class: ❑Class B ❑303d Listed ❑WS-I1 ❑WS-V ❑SB X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW ❑HQW ❑WS-I ❑WS-IV ❑SA ❑CA Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert X❑Bridge ❑Bottomless Arch X❑Riprap Inlet/Outlet Stabilization X❑Fill Authorized Wetland Impacts: ❑0— 1/10`h acre X❑1/I I "to 1/3`d acre X❑1/3 rd to 1.0 acre ❑> 1.0 acre n Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet Additional comments: 0.38 acres of wetlands and 467 linear feet of stream mitigation through EEP. On site stream relocation of 78 linear feet of ut to FBR at Site 2. Work continues on French Broad River and 1-26 bridges. Most of the beams have been set over the river. Construction continuing along widening part of NC 146 on west side of French Broad River with utilities being installed. Roadbed continues to remain bare. Stabilization of roadbed by temporary seeding or gravel should be completed as soon as possible. Seeding and mulching have been completed around outlet area of the box culvert and on the slope of the fill area above the pond on the south side of NC 146. Continue to maintain erosion control devices and continue with seeding and matting as required. Project looked to be in good condition and shape. NC Highway 146 March 4,2009 Inspection Report � a 1 ALITIvy W� , •• A�,,,,,y,. a AWNWARMEW NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 19, 2009 William A Phipps Progress Energy Carolinas Inc 200 Cp L Dr Arden NC 28704 Compliance Sampling Inspection Asheville Steam Electric Power Plant Permit No: NC0000396 Buncombe County Dear Mr. Phipps: Enclosed please find a copy of the Compliance Sampling Inspection report resulting from the inspection conducted on January 15, 2009. The Compliance Sampling Inspection was conducted by Jeff Menzel and Roy Davis of the Asheville Regional Office. The facility was found to be in Compliance with permit NC0000396. 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: Laurie Moorhead, ORC Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S. Highway 70,Swannanoa,NC 28778 NOPthCarofina Phone: (828)296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 Internet:www.ncwaterguality.org G:\WPDATA\DEMWQ\Buncombe\00396 Progress Energy United States Environmental Protection Agency Form Approved. Washington,D.C.20460 OMB No.2040-0057 H Water g liance Ins ection Re Olt Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 3I N00000396 111 12I 09/O1/15 117 18' GI 19I SI 201 Remarks t- !J Ill IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIll Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67I 169 70L31 71 I_I 721 NI 73IW� 174 711 I I ( I I I (80 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:00 AM 09/01/15 07/11/01 Asheville Steam Electric Power Plant Exit Time/Date Permit Expiration Date 200 Cp L Dr Arden NC 28704 12:00 PM 09/01/15 10/12/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Laurie Moorhead//828-687-5247 / Name,Address of Responsible Official/Title/Phone and Fax Number Contacted William A Phipps,200 Cp L Dr Arden NC 28704//828-687-5201/8286875204 Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) / Permit ®Flow Measurement ®Operations&Maintenance ®Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Roy M Davis ARO WQ//828-296-4500 Ext.4659/ Jeff Menzel ARO WQ//828-296-4500/ /��/®� Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date ' Roger C Edwards ARO WQ//828-296-4500/ ®31 e to EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 ..__. .........._......._.. ....... .... NPDES yr/mo/day Inspection Type (cont. 1 3I NC0000396 I11 12I 09/01/15 I17 18IS1 Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The following people were present for this inspection. Jeff Menzel, Roy Davis, and Ed Williams (NCDENR ARO) Laurie Moorhead (Progress Energy) Progress Energy has a routine inspection program in place to ensure that containment structures are secure. All outfalls and basins were inspected during this visit. Sampling was also done during this visit on the 001 Ash pond outfall. It should be noted that a large portion of discharge limitations for the effluent characteristics for 001 are considered by the permit to be monitor and report only. The results were as follows: TSS 6.2 mg/L No violations of permit requirements or applicable regulations were observed during this inspection. J Page# 2 Permit: NC0000396 Owner-Facility: Asheville Steam Electric Power Plant inspection Date: 01/15/2009 inspection Type: Compliance Sampling Yes No NA NE Record Keeping — — --Are records kept and maintained as required by the permit? ❑ D Is all required information readily available,complete and current? ® n ❑ 1) Are all records maintained for 3 years(lab. reg. required 5 years)? 0 Cl El 11 Are analytical results consistent with data reported on DMRs? ® Cl Is the chain-of-custody complete? ® n ❑ ❑ Dates,times and location of sampling Name of individual performing the sampling Results of analysis and calibration Dates of analysis Name of person performing analyses Transported COCs Are DMRs complete: do they include all permit parameters? ® D 0 _p Has the facility submitted its annual compliance report to users and DWQ? ® n 0 _ (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? ■ 0 Q Is the ORC visitation log available and current? n Is the ORC certified at grade equal to or higher than the facility classification? Is the backup operator certified at one grade less or greater than the facility classification? ® El Cl 11 Is a copy of the current NPDES permit available on site? ® ❑ 0 Facility has copy of previous year's Annual Report on file for review? ® ❑ ❑ n Comment: Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ Is the facility as described in the permit? #Are there any special conditions for the permit? ® ❑ ❑ El Is access to the plant site restricted to the general public? ® ❑ ❑ Is the inspector granted access to all areas for inspection? ® ❑ ❑ n Comment: Yes No NA NE Operations_& Maintenance — Is the plant generally clean with acceptable housekeeping? ® � ❑ Page# 3 Permit: NC0000396 Owner-Facility: Asheville Steam Electric Power Plant Inspection Date: 01/15/2009 Inspection Type: Compliance Sampling Operations & Maintenance Yes-No-NA NE Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ D Judge, and other that are applicable? Comment: Page# 4 a •• I NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen K Sullins Dee Freeman Governor Director Secretary March 19, 2009 Jimmie Allen Stowe Duke Energy Carolinas LLC 526 S Chruch St Charlotte NC 282011002 Compliance Sampling Inspection Cliffside Steam Station Permit No: NC0005088 Rutherford County Dear Mr. Stowe: Enclosed please find a copy of the Compliance Sampling Inspection report resulting from the inspection conducted on January 13, 2009. The Compliance Sampling Inspection was conducted by Jeff Menzel and Roy Davis of the Asheville Regional Office. The facility was found to be in Compliance with permit NC0005088. 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: Steve Hodges, ORC Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa, NC 28778 North Carolina Phone: (828)296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 Naturally Internet:www.ncwaterguality.org G:\WPDATA\DEMWQ\Rutherford\04405 Cliffside SD WWTP United States Environmental Protection Agency Form Approved. �� Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 11 NC0005088 Ill 121 o9/ol/13 117 181 SI 191 SI 20I Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67I 169 701 I 711 I 721 NJ 73 Ljj 74 711 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 02:00 PM 09/01/13 07/09/01 Cliffside Steam Station Duke Power Rd Exit Time/Date Permit Expiration Date Cl.iffside NC 28024 04:00 PM 09/01/13 10/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Jimmie Allen Stowe,526 S Chruch St Charlotte NC 282011002//704-382-4309/7043829840 Yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ®Flow Measurement ®Operations&Maintenance N Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Roy M Davis' ,, ^n ARO WQ//828-296-4500 Ext.4659/ Jeff Menze]...�P/,a/1 ARO WQ//828-296-4500/ �J�7/e, Signature of Management Q�AlReviewer Agency/Office/Phone and Fax Numbers (Date Roger C Edwards �` ARO WQ//828-296-4500/ r (4 O EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 1 3I NC0005088 I11 12I 09/01/13 I17 18IS1 Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The following people were present for this inspection. Jeff Menzel and Roy Davis (NCDENR ARO) Steve Hodges (Duke Energy) Charlie Wholey, Scott Harrell, and Ryan Kormanik (NCDENR MRO) Duke Enegry has a routine inspection program in place to ensure that containment structures are secure. All outfalls and basins were inspected during this visit. Sampling was also done during this visit on the 002 Ash pond outfall. It should be noted that a portion of discharge limitations for the effluent characteristics for 002 are considered by the permit to be monitor and report only. The results were as follows: TSS 10 mg/L Silver 5.0 ug/L w/qualifer U Arsenic Total 45 ug/L Beryllium 5.0 ug/L w/qualifer U Cadmium 1.0 ug/L w/qualifier U Chromium 10 ug/L w/qualifier U Copper 9.2 ug/L Manganese 120 ug/L Nickel 19 ug/L Lead 10 ug/L w/qualifier U Selenium 62 ug/L Zinc 24 ug/L Qualifier U-Samples analyzed for this compound but not detected. No violations of permit requirements or applicable regulations were observed during this inspection. Page# 2 Permit: NC0005088 Owner-Facility: Cliffside Steam Station Inspection Date: 01/13/2009 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 0 El Is the facility as described in the permit? ❑ n #Are there any special conditions for the permit? ® � ❑ ❑ Is access to the plant site restricted to the general public? ® ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ® ❑ 0 Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? m 0 ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ® ❑ ❑ n Judge, and other that are applicable? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? M n 00 Are the receiving water free of foam other than trace amounts and other debris? ® rl ❑ O If effluent (diffuser pipes are required) are they operating properly? ❑ ® n Comment: Page# 3 LITTIM WA o ® , f NC ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen K Sullins Dee Freeman Governor Director Secretary March 19, 2009 Mr. J. B. Setzer, P.E. Division 14 Engineer N.C. Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection-US Highway 64 DWQ Project 08-0396 TIP No. A-0011 BB Clay County Dear Mr. Setzer: On March 11,2009, I inspected the construction work on US Highway 64 in Clay County and the project appeared to be in good shape. Construction work is underway and only a small portion of the project is presently under construction. The erosion and sedimentation control structures, vegetative covering, and matting appear to be working properly. Please continue to 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 Ed Ingle, Roadside Environmental Transportation Permitting Unit Niki Maher,NPS Assistance and Compliance Oversight Unit Mike Parker, Asheville Regional Office (Setzer)US Highway 64 Inspection Letter March 2009 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S 70 Highway,Swannanoa.NC 28778 8211 Phone:828-296-4500\FAX:828-299.7043 One Customer Service:1-877-623-6748 N orth C arol i na Internet:www ncwaterguality.or_q NaturallyAn Equal Opportunity 1 Affirmative Action Employer DWQ Site Visits for DOT Proiects Field Sheet DWQ representative: Michael R, Parker -1 Date: F March 11, 2009 County: Clay Region: Asheville DOT Division: Division 14 Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #: 08-0396 1 NW Permit#: IP#: L - Project Name: U S Highway 64 Widening A-001 1 BB Location of Project: U S 64 from east of Hiwassee River to east of NC Highway 175 in Clay County Project Complete: ❑Yes X No If no, estimated date of completion: Activities(DOT): Water Quality Concerns (DWQ): ❑ Bridge ❑ Steam Standards Violation X❑ Culvert X❑ Turbidity ❑ Bottomless Culvert ❑ Evidence of spills ❑ Bottomless Arch ❑ Oil/Petroleum X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste ❑ Spoil Pile ❑ Failed E & S control measures ❑ Borrow Pit X❑ Sedimentation Impacts ❑ Wetland Mitigation ❑ Stormwater Permit Violation ❑ Stream Restoration X❑ Fill ❑ On-site Stream Relocation ❑ Buffer Impacts(see below) ❑ Buffer Restoration ❑ Other X❑ Bank Stabilization ❑ Other Additional Wetland Impacts: ❑ yes X❑ no Estimated Acres ❑ Zone 1 Est Acres 1-1 ❑ Zone 2 Est Acres Additional Stream impacts: ❑ yes X❑ no Est,Linear feet Estimated linear feet of impact: Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation []Prohibited DWQ Site Visits for DOT Projects Background Info Name of Waterway(s): Downing Creek,John Reese Branch, Byers Branch, Chatuge Lake and unnamed tributaries to Hiwassee River Basin/Subbasin: Hiwassee 040501 Wetland Type: ❑Isolated x❑Non-Isolated (Waters of US) Stream Class: X❑Class B 0303d Listed ❑WS-II ❑WS-V ❑S13 X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW ❑HQW ❑WS-I ❑WS-IV ❑SA ❑CA Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert ❑Bridge ❑Bottomless Arch X❑Riprap Inlet/Outlet Stabilization X❑Fill Authorized Wetland Impacts: X❑0_ 1/101h acre ❑1/1 I"'to 1/3`d acre ❑1/3`d to 1.0 acre ❑> 1.0 acre / J Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet Additional comments: Looked at entire project. Only a small part of the project is under construction. One cut area where there is rock and one culvert extension were inspected. Sediment and erosion control structures appear to be working properly. Continue to maintain erosion control devices and continue with seeding and matting as required. The project looked good overall. US Highway 64 Inspection March 2009 i.- i NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 19, 2009 Mr. J. J. Swain,Jr., P.E. Division 13 Engineer N.C. Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Inspection-US Highway 19/19E DWQ Project 07-1134 Individual Certification No. 3706 TIP Nos. R-2518A and R-2518B Madison and Yancey Counties Dear Mr. Swain: On March 4,2009 1 inspected the construction work on the US Highway 19/19E project in Madison and Yancey Counties. Major grading, culvert extension and bridgework are underway along the entire length of the project. The Division of Water Quality continues to have concerns about sediment and turbidity in streams from the construction areas. Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as required to protect State surface waters. Also, please refer to the attached inspection report for any specific items noted during the inspection. If you have questions, please call me at 828-296-4500. Sincerely, et m Michael R. Parker Environmental Senior Specialist Attachment cc: Randy McKinney, PE Roger Bryan, Division 13, DEO Ed Ingle, Roadside Environmental Transportation Permitting Unit Niki Maher,NPS Assistance and Compliance Oversight Unit Mike Parker, Asheville Regional Office SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone.M--296-4500 1 FAX.828-299.7043 One t Customer Service:1 n T-877-623-6748 .t y Ortti lCarOilna Internet:www.ncwaterguality.orq An Equal Opportunity'.Affnnative Fiction Employer l `laL/p DWQ Site Visits for DOT Projects Field Sheet DWQ representative: Michael R. Parker —� Date: March 4,2009 County: Buncombe Region: Asheville DOT Division: Division 13 Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #: WQC No. 3706 NW Permit#: IP#: Project Name: Improvements to US Hivhwav 19E Location of Project: US Highway 19 and 19E from future I-26 in Madison County to SR 1336 in Yancey County Project Complete: ❑Yes X No If no, estimated date of completion: Activities(DOT): Water Quality Concerns (DWQ): X❑ Bridge X❑ Steam Standards Violation X❑ Culvert X❑ Turbidity ❑ Bottomless Culvert ❑ Evidence of spills ❑ Bottomless Arch ❑ Oil/Petroleum X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste ❑ Spoil Pile X❑ Failed E& S control measures ❑ Borrow Pit X❑ Sedimentation Impacts X❑ Wetland Mitigation ❑ Stormwater Permit Violation ❑ Stream Restoration ❑ Fill X❑ On-site Stream Relocation ❑ Buffer Impacts (see below) ❑ Buffer Restoration ❑ Other ❑ Bank Stabilization ❑ Other Fill Additional Wetland Impacts: ❑ yes ❑ no Estimated Acres F ❑ Zone l Est Acres F-7= ❑ Zone 2 Est Acres '_❑ Additional Stream Impacts: ❑ yes X❑ no Est Linear feet Estimated linear- feet of impact: E=== Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba Zone 1: ❑Yes [—]No Est linear ft/acreage of buffer impact ft/ ac Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac Buffer Designation: ❑Exempt ]Allowable _]Allowable w/mitigation ❑Prohibited ...... ............. _ DWO Site Visits for DOT Proiects Background Info Name of Waterway(s): Middle Fork Creek, Bailey Branch, Turkey Branch, Polly Branch, Holland Creek, Ivy Gap Branch, Bald Creek, Price's Creek, Phipps Creek and Cane River Basin/Subbasin: FBR 040304 and 040307 Wetland Type: ❑Isolated X❑Non-Isolated (Waters of US) Stream Class: ❑Class B ❑303d Listed X❑WS-II ❑WS-V ❑SB X❑Class C ❑ORW X❑Trout ❑WS-II1 ❑NSW X❑HQW ❑WS-I ❑WS-IV ❑SA FICA Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert X❑Bridge ❑Bottomless Arch X❑Riprap Inlet/Outlet Stabilization X❑Fill Authorized Wetland Impacts: ❑0— 1/10`"acre X❑1/i I ` to 1/3`d acre X❑1/3`d to 1.0 acre ❑> 1.0 acre Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet Additional comments: 7,059 linear ft. of stream impacts and 0.42 acres of wetlands for R-2518A; 3,675 linear ft. of stream impacts and 0.23 acres of wetlands for R-2518B. Compensatory mitigation for impacts of 5, 453 linear feet is required. 1.Heavy grading and construction work is taking place along the entire length of the project. 2.Construction work includes bridge construction, culvert extension, fill and borrow. 3.Observations include the muddy water discharge into streams, and soil material remaining on the work pads from drill holes. 4.Please ensure that all sediment and erosion control devices are maintained and working properly. 5.As a reminder the streams on the Madison County construction area are classified as High Quality Waters and all measures necessary to protect State surface waters should be employed. 6. In-water Work Moratoriums reminder: Cane River and tributaries April 1 to June 30 Bald Creek and tributaries January 1 to April 15 Price Creek and tributaries January 1 to April 15 March 2009 Inspection US Highway 19 R-2518 A&B e® .mow..,. PA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 19, 2009 Mr. J. B. Setzer, P.E. Division 14 Engineer N.C. Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection-Cat Creek Road DWQ Project 08-1022 TIP No. B-4179 Macon County Dear Mr. Setzer: On March 11, 2009, I inspected the construction work on NCSR 1513 (Cat Creek Road) at the bridge replacement project. The project appeared to be in good shape; however, construction work was just getting started. Some clearing and grubbing had taken place and sediment and erosion control devices were being installed. Please continue to 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: Mark Davis, Division 14, DEO Ed Ingle, Roadside Environmental Transportation Permitting Unit Niki Maher,NPS Assistance and Compliance Oversight Unit Mike Parker, Asheville Regional Office (Setzer)NCSR 1513(Cat Creek Road)Inspection Letter March 2009 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828 296-45001 FAX:828 299 7043 One Customer Service.1-877-623-6748 NOrtt1 Carol ina, Internet.www.ncwaterguality.org NaturallyAn Equal Opportunity\.Affirmative Action Employe DWQ Site Visits for D®T Proiects Field Sheet DWQ representative: Michael R. Parker Date: March 11,2009 County: Macon Region: Asheville DOT Division: Division 14 Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #: 08-1022 NW Permit#: IP #: Project Name: Cat Creek Road Bridv-e Replacement Location of Project: NCSR 1513 south of US 441 and north of Franklin in Macon County Project Complete: ❑Yes X No If no, estimated date of completion: Activities(DOT): Water Quality Concerns (DWQ): ❑ Bridge ❑ Steam Standards Violation X❑ Culvert X❑ Turbidity ❑ Bottomless Culvert ❑ Evidence of spills ❑ Bottomless Arch ❑ Oil/Petroleum X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste ❑ Spoil Pile ❑ Failed E& S control measures ❑ Borrow Pit X❑ Sedimentation Impacts ❑ Wetland Mitigation ❑ Stormwater Permit Violation ❑ Stream Restoration X❑ Fill ❑ On-site Stream Relocation ❑ Buffer Impacts (see below) ❑ Buffer.Restoration ❑ Other X❑ Bank Stabilization ❑ Other Additional Wetland Impacts: ❑ yes X❑ no Estimated Acres ❑ Zone 1 Est Acres ❑ Zone 2 Est Acres—� Additional Stream Impacts: ❑ yes X❑ no Est Linear feet Estimated linear feet of impact: I Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited ... . .__._..._..... __ _ _.._.__... .... . DWQ Site Visits for DOT Protects Background Info Name of Waterway(s): Rabbit Creek Basin/Subbasin: Little Tennessee 040401 Wetland Type: ❑Isolated x❑Non-Isolated (Waters of US) Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB X❑Class C ❑ORW x❑Trout ❑WS-III ❑NSW ❑HQW ❑WS-I ❑WS-IV ❑SA FICA Type of Authorized Impact: ❑Culvert X❑Bottomless Culvert ❑Bridge ❑Bottomless Arch X❑Riprap Inlet/Outlet Stabilization X❑Fill Authorized Wetland Impacts: ❑0— 1/10'b acre ❑1/1 lth to 1/3`d acre ❑1/3`d to 1.0 acre ❑> 1.0 acre Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet Additional comments: Looked at entire project. Only a small part of the project is under construction. Clearing and grubbing taking place. Sediment and erosion control devices being installed. Continue to maintain erosion control devices and continue with seeding and matting as required. The project looked good overall. NCSR 1513(Cat Creek Road)inspection March 2009 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality rerly Eaves Perdue Coleen H.Sullins Dee Freeman governor Director Secretary March 20, 2009 MEMORANDUM TO: Jimmy Goodnight, PE,NCDOT Mark Hussey,NCDOT i FROM: Michael R. Parker,NCDWQ, Asheville Regional Office NIM � SUBJECT: Scoping Review of NCDOT's Proposed Bridge Replacement Project: B-4183 (Madison County), Bridges 28 and 29 NCSR 1526 In reply to your correspondence dated February 10, 2009 (received February 13, 2009) in which you requested comments for the above referenced project. The Division of Water Quality (DWQ) is responsible for the issuance of the Section 401 Water Quality Certification for activities that impact Waters of the U. S., including wetlands. Based on a review of the project document the following streams will be impacted by the proposed culvert construction project: Stream Name River Basin Stream Stream Index Classification(s) Number Crooked Creek French Broad WS-1I-HQW 6-96-10-1 - Middle Fork French Broad WS-II-HQW 6-96-10-1-8 NCDWQ offers the following comments: Project-Specific Comments 1. Crooked Creek and Middle Fork Little Ivy River and associated unnamed tributaries are classified as WS-11-HQW waters of the State. High Quality Waters of the State in the project study area. This is one of the highest classifications for water quality. Pursuant to 15A NCAC 2H .1006 and 15A NCAC 213 .0224,NCDOT will be required to obtain a State Stormwater Permit prior to construction except in North Carolina's twenty coastal counties. NCDOT shall use the Design Standards in Sensitive YVatersheds [15A NCAC 413.0124 (a)-(e) for sediment and erosion control because of the High Quality Waters and Water Supply classifications. 2. Any anticipated bank stabilization associated with culvert installations or extensions should be addressed in the (CE)document. It is understood that final designs are not determined at the time the CE is developed. However, the CE should discuss the potential for bank stabilization necessary due to culvert installation. 3. Any anticipated dewatering or access structures necessary for construction of bridges should be addressed in the CE. it is understood that final designs are not determined at the time the CE is developed. However, the CE should discuss the potential for dewatering and access measures necessary due to bridge construction. �iJRFACE WATER PROTECTION SECTION-Asheville Regional Office One 1I 2090 US Highway 70,Swannanoa,North Carolina 28778-8211 NOT7rhCal'O�ll1� Phone:828-296-45001 FAX:828-299-7043 � �� Customer Service:1-877-623-6748 Internet:http:l/h2o.enr.state,nc.us/ncwetlandst An Equal Opportunity 1 Affirmative Action Employer .......... ..._ .... _ _ 4. All channel relocations will be constructed in a dry work area and stabilized before stream flows are diverted. Channel relocations 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. Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30 foot side wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to maximum extent practical.. A transitional phase incorporating coir fiber and seedling establishment is allowable. Also, riprap may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide written justification and any calculation used to determine the extent of riprap coverage requested. General Comments Regarding Bridge Replacement Projects I. NCDWQ is very concerned with sediment and erosion impacts that could result from this project. NCDOT shall address these concerns by describing the potential impacts that may occur to the aquatic environments and any mitigating factors that would reduce the impacts. 1. If foundation test borings are necessary; it shall be noted in the document. Geotechnical work is approved under General 401 Certification Number 3687/Nationwide Permit No. 6 for Survey Activities. 2. If a bridge is being replaced with a hydraulic conveyance other than another bridge, NCDWQ believes the use of a Nationwide Permit may be required. Please contact the US Army Corp of Engineers to determine the required permit(s). 3. If the old bridge is removed, no discharge of bridge material into surface waters is allowed unless 1 otherwise authorized by the US ACOE. Strict adherence to the Corps of Engineers guidelines for bridge demolition will be a condition of the 401 Water Quality Certification. 4. Whenever possible, NCDWQ prefers spanning structures. Spanning structures usually do not require work within the stream or grubbing of the streambanks and do not require stream channel realignment. The horizontal and vertical clearances provided by bridges shall allow for human and wildlife passage beneath the structure. Fish passage and navigation by canoeists and boaters shall not be blocked. Bridge supports (bents) should not be placed in the stream when possible. 5. Stormwater shall be 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 NCDWQ's Stormwater Best Management Practices. 6. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact betw'%cii cur concrete and streeam "water. VVater that inau"vertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 7. If temporary access roads or detours are constructed, the site shall be graded to its preconstruction contours and elevations. Disturbed areas shall be seeded or mulched to stabilize the soil and appropriate native woody species shall be planted. When using temporary structures the area shall be cleared but not grubbed. Clearing the area with chain saws, mowers, bush-hogs, or other mechanized equipment and leaving the stumps and root mat intact allows the area to re-vegetate naturally and minimizes soil disturbance. \ i 8. Sediment and erosion control measures sufficient to protect water resources must be implemented and maintained in accordance with the most recent version of North Carolina Sediment and Erosion Control Planning and Design Manual and the most recent version of NCS000250. 9. All work in or adjacent to stream waters shall be conducted in a dry work area unless otherwise approved by NCDWQ. 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. Heavy equipment shall be operated from the bank rather than in stream channels in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into streams. This equipment shall be inspected daily and maintained to prevent contamination of surface waters from leaking fuels, lubricants, hydraulic fluids, or other toxic materials. 11. In most cases,the NCDWQ prefers the replacement of the existing structure at the same location with road closure. If road closure is not feasible, a temporary detour shall be designed and located to avoid wetland impacts, minimize the need for clearing and to avoid destabilizing stream banks. If the structure will be on a new alignment,the old structure shall be removed and the approach fills removed from the 100-year floodplain. Approach fills shall be removed and restored to the natural ground elevation. The area shall be stabilized with grass and planted with native tree species. Tall fescue shall not be used in riparian areas. General Comments if Replacing the Bridge with a Culvert 1. Placement of culverts and other structures in waters, streams, and wetlands shall be 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 the NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 2. 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, floodplain benches and/or sills may be required where appropriate. Widening the stream channel shall be avoided. Str eam causing outlet end of structures typically decreases water velocity ca g channel widening at the inlet or ou , ,on sediment deposition that requires increased maintenance and disrupts aquatic life passage. be laced in the active thalwe channel or placed in the streambed in a manner that Ri ra shall not g 3, Pip rap p precludes aquatic life passage. Bioengineering boulders or structures shall be properly designed, sized and installed. Thank you for requesting our input at this time. NCDOT is reminded that issuance of a 401 Water Quality Certification requires that appropriate measures be instituted to ensure that water quality standards are met and designated uses are not degraded or lost. If you have any questions or require additional information, please contact Mike Parker at 828-296-4500. cc: David Baker, US Army Corps of Engineers, Asheville Field Office Clarence Coleman, Federal Highway Administration Elizabeth Lusk,NCDOT PEDA J. J. Swain Jr., PE, Division 13 Engineer Roger Bryan, Division 13 Environmental Officer Marla Chambers, NC Wildlife Resources Commission Transportation Permitting Unit Mike Parker, NCDWQ Asheville Regional Office File Copy Beverly Eaves Perdue,Governor Dee Freeman,Secretary ry} North Carolina Department of Environment and Natural Resources PColeen H.Sullins,Director r- Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION March 23, 2009 Celena Smith Silver Creek Apartments 16 Good Day Court Candler NC 28715 Permit No. NCG551061 Buncombe County Dear Mrs. Smith: Attached is a RENEWAL FORM, which is to be used to request renewal of your Certificate of Coverage. Please return the completed form to the Raleigh address indicated. Also included is a Technical Bulletin that may answers some questions that you have about the permit and your system. When your permit is reissued please take the time to familiarize yourself with the conditions and requirements within the permit. If you should have any questions, please do not hesitate to contact me at 828/296-4500. Sincerely, Jeff Menzel Surface Water Protection 2090 U.S.Highway 70,Swannanoa,N.C.28778 Telephone:828/296-4500 FAX: 828/299-7043 Customer Service:877/623 6748 NorthCarolina G:\WPDATA\DEMWQ\Buncombe\SFR's NCG55 Ai uraliff NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 23, 2009 Terry Duffy Benson Duffy Holdings,LLC 651 V S Dalton Road Rutherford,NC 28139 Subject: Incident Closure Lurewoods Rutherford County Dear Mr. Duffy: On March 20, 2009, the Division of Water Quality (DWQ) conducted a follow-up site inspection along Chapel Point Road, downslope of the Lurewoods subdivision in Rutherford County. Ms. Anna Salzberg(C1earWater Environmental) and Mr. Michael Moore were present. An inspection of the stream found the results of sediment removal efforts to be satisfactory to resolve the incident related to stream standards violations identified on November 4, 2008. Thank you for your cooperation in this matter. Should you have any questions or concerns, please contact me at (828) 296-4664. Sincerely, Chuck Cranford Environmental Specialist Surface Water Protection Section cc: Anna Salzberg - C1earWater Environmental Clint Calhoun—Town of Lake Lure ARO File Copy DWQ Central Files G:\WPDA'rA\DF.MWQ\Rutherford\Complaints-Mise\Lurewoods\N0V Closure_3-20-09.doc SURFACE.WATER PROTECTION SECTION-ASHEVILL.E REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 N Orth .arofina Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 Internet- www.t)cwat Naturallff erquality.org An Equal Opportunity',Affirmative Action Employer e � ® NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 23, 2009 Lee T Huffman Huffman Finishing Inc PO Box 170 Granite Falls NC 28630 SUBJECT: Compliance Evaluation Inspection Huffman Finishing Permit No: NCO025135 Caldwell County Dear Mr. Huffman: Enclosed please find a copy of the Compliance Evaluation Inspection report resulting from the inspection conducted on March 18, 2009. Jeff Menzel of the Asheville Regional Office conducted the Compliance Evaluation Inspection. The facility was found to be in Compliance with permit N00025135. 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: M Shuford Wise, ORC Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S. Highway 70,Swannanoa, NC 28778 NorthCarolina Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 1��tu�+�"� Internet:www.ncwaterguality.org G:\WPDATA\DEMWQ\Caldwell\25135 Huffman Finishing (/ V United States Environmental Protection Agency Form Approved. EP ^ Washington,D.C.20460 OMB No.2040-0057 H Water Compliance Inspection Report Approval expires 8 31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type --— —1— N —2-s 3 --�r0002Si3S -- 11--12— 09/03/18 17 18 G 19 S -- -20 Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 CA --------------------------- Reserved---------------------- 67I 169 701 21 711 I 721 NI 71 lI f 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 12:00 PM 09/03/18 06/01/01 Huffman Finishing 4919 Hickory Blvd Exit Time/Date Permit Expiration Date Granite Falls NC 28630 01:30 PM 09/03/18 10/01/31 Name(s)of Onsite Representative(s)TTitles(s)/Phone and Fax Number(s) Other Facility Data M Shuford Wise/ORC/828-396-7111/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Lee T Huffman,PO Box 170 Granite Falls NC 28630//828-396-1741/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement Operations&Maintenance E Self-Monitoring Program 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 Jeff Menzel v ARC WQ//828-296-4500/ !�_a✓�O Signature of Management yQA Reviewer Agency/Office/Phone and Fax Numbers Date 9 Roger C Edwards ' ` sir ARC WQ//828-296-4500/ ® � I � ' 0 ` EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 - -..__ .- .._........ _ _... ..... ....... _..--. .-__.. ....__.. NPDES yr/mo/day Inspection Type (cont. 1 3I NCO025135 I11 12I 09/03/18 I17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) _ Tire treatmentjr_ocessesaHNs:piantap_pears-to-be-weal_maiatained.-A fevt�-t_hi_ngs observed-ftt--ram uq_ire— --- immediate attention to insure accurate documentation of the effluent. The flow meter needs to be calibrated annually. The sampling needs to be flow proportionality as required by the permit or the facility need to request a variance to conduct time composite sampling. The chlorine contact basis needs to be cleaned of all solids. Mr. Wise informed the inspector that these issues would be addressed immediately. A follow up inspection will be done to insure that these discrepancies have been corrected. �1 Page# 2 Permit: NCO025135 Owner-Facility: Huffman Finishing Inspection Date: 03/18/2009 Inspection Type: Compliance Evaluation Op erations & Maintenance Yes No NA NE _Is the plant generalIv clean with acceptable housekeeping? ❑ n n Does the facility analyze process control parameters for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge Mn 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? E n n ❑ Is the facility as described in the permit? E n n n #Are there any special conditions for the permit? n n n n Is access to the plant site restricted to the general public? n In n Is the inspector granted access to all areas for inspection? n n n Comment: There are no special conditions in the permit, it should be noted that TSS appears an a grab in the permit. Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? O n n n Is flow meter calibrated annually? n ❑ n Is the flow meter operational? n n n (if units are separated)Does the chart recorder match the flow meter? n n n Comment: The flow meter was last calibrated in 9/2007. Calibration is required by the permit at least once annually. The inspector recommends that the operator periodically measure the flow with a staff gauge to insure the flow meter is holding its calibration. Mr. Wise assured the inspector that the flow meter would be calibrated before the end of March. 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 Are surface aerators and mixers operational? n ❑ n Are the diffusers operational? n n n Is the foam the proper color for the treatment process? n n n Does the foam cover less than 25%of the basin's surface? n 0 n n Is the DO level acceptable? ❑ n n Is the DO level acceptable?(1.0 to 3.0 mg/1) n n n Page# 3 Permit: NCO025135 Owner-Facility: Huffman Finishing Inspection Date: 03/18/2009 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE _ Comment:---Foam-cover-more-than-25%-of-th -- Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? rl D m rl Is the site free of excessive buildup of solids in center well of circular clarifier? ■ D D D Are weirs level? ■ D rl r=1 Is the site free of weir blockage? ■ rl D rl Is the site free of evidence of short-circuiting? ■ ❑ rl D Is scum removal adequate? ■ D D D Is the site free of excessive floating sludge? D D D D Is the drive unit operational? ■ ❑ i] n Is the return rate acceptable(low turbulence)? fl D ❑ ■ Is the overflow clear of excessive solids/pin floc? ■ D D D Is the sludge blanket level acceptable?(Approximately%a of the sidewall depth) D D D ■ Comment: Due to the industrial process the wastewater is black in color. The facility was not discharging wastewater at the time of inspection. ✓' Disinfection-Gas Yes No NA NE Are cylinders secured adequately? ■ ❑ D D Are cylinders protected from direct sunlight? ■ D D D Is there adequate reserve supply of disinfectant? ■ D D Is the level of chlorine residual acceptable? m D ❑ ❑ Is the contact chamber free of growth, or sludge buildup? ❑ ■ D D Is there chlorine residual prior to de-chlorination? D D ■ D Does the Stationary Source have more than 2500 Ibs of Chlorine(CAS No. 7782-50-5)? D ■ D D If yes,then is there a Risk Management Plan on site? D n If yes,then what is the EPA twelve digit ID Number?(1000-__) If yes,then when was the RMP last updated? Comment: The contact camber was full of solids. Mr. Wise stated that he would get it pumped out. De-chlorination Yes No NA NE Type of system? Liquid Page# 4 Permit: NC0025135 Owner-Facility: Huffman Finishing Inspection Date: 03/18/2009 Inspection Type: Compliance Evaluation De-chlorination Yes No NA NE Is the feed ratioproportional to chlorine amount L to 1)? n n Is storage appropriate for cylinders? n In n #Is de-chlorination substance stored away from chlorine containers? ❑ n n Comment: Are the tablets the proper size and type? ❑ n n Are tablet de-chlorinators operational? ❑ n Number of tubes in use? Comment: Effluent sampling Yes No NA NE Is composite sampling flow proportional? ❑ M 0 Is sample collected below all treatment units? ❑ n n Is proper volume collected? n n n Is the tubing clean? n M ❑ n #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? n n n Is the facility sampling performed as required by the permit(frequency,sampling type representative)? n n n Comment: This facility is required to submit a request to DWQ to continue using time composited sampling. The facility is required to operate the sampler in a manner that insures the data being reported on DMRs is accurate. Page# 5 1� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 24, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 0150 0000 7473 9849 Mr. William P. Brown Brown Property 8391 Hwy 108 E. Mill Spring,NC 28756 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Brown Property NOV-2009-SS-0011 Stream Standard Violation - Other Waste (In-stream sediment) Removal of Best Usage Polk County Response deadline: April 13, 2009 or 15 days from receipt Dear Mr. Brown: On March 11, 2009, Linda Wiggs and Susan Wilson from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted an inspection of the Unnamed Tributary to Green River at the Brown Property along HWY 108 in Polk County. Stream standards violations were noted during the inspection. Rerouting of the stream channel and sediment impacts to Unnamed Tributary to Green River, Classification "C", were documented constituting stream standard violations. Approximately 50 feet of stream channel had been altered and approximately 400 feet of stream had been impacted by sediment. As a result of the site inspection and file review, the following violations, detailed below, were noted: I Stream Standard Violation Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f II Removal of Best Usage 15A NCAC 0213.0211 (2) SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-296-45M FAX:828-299-70431 Customer Service:1-877-623-6748 �y+ //� Internet: www.ncwaterquality.org a f/t al An Equal Opportunity 1 Affirmative Action Employer William Brown 3/24/2009 Page 2 of 3 VIOLATIONS I. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f- Greater than 400 feet of an Unnamed Tributary to Green River, classification C, was - -impacted bysediment-deposition greater than-8-inches throughout the stream reach,- representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (0 I1. Removal of Best Usage— 15A NCAC 0213.0211 (2)—Greater than 50 feet of an Unnamed Tributary to Green River, classification C was impacted by a relocated stream channel, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2) REQUIRED RESPONSE This Office requests that you respond in writing within 15 days of receipt of this Notice. Your response should be sent to both the attention of Linda Wiggs, Division of Water Quality, 2090 US HWY 70, Swannanoa, NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699- 1617. Your response should address the following items: I. Stream Standard - Other Waste (In-Stream Sediment) a. Please provide a map that exactly details the jurisdictional waters on the tract. This map should indicate all of the jurisdictional waters on the tract as well as the areas that have been impacted, both on and off site. This information.must be clearly depicted on a map that you provide as a part of this response. b. Please submit a Sediment Removal Restoration Plan (Restoration Plan) to this office for review and approval. The Restoration Plan must address removal of the accumulated sediment from Unnamed Tributary to Green River. The Restoration Plan must be submitted to the Division of Water Quality for review and approval prior to implementation. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with your plan development, and authorization necessary to achieve compliance. It is recommended that your consultant contact Linda Wiggs of the Asheville Regional Office for additional guidance during restoration plan development. The Restoration Plan should include the following: • A narrative explaining how sediment will be removed and how impacted jurisdictional waters will be restored. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. • A diagram of the stream channel, referenced with photo documentation of sediment impacts. -- ,own JAI 3 of 3 ® A narrative-explaining how sediment will be retained on the site and kept out of waterways, and how restoration activities will be conducted such that turbidity standards are not exceeded. c. Once the Restoration Plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Linda Wiggs. II. Removal of Best Usage— 15A NCAC 02B.0211 (2) a. Please explain why these impacts occurred without prior authorization. b. Please provide documentation (including a detailed site map/survey) depicting all jurisdictional water features (e.g. streams, wetlands,buffers) on the site, This documentation should describe and quantify the impacts to those jurisdictional features, and should include plans to avoid further stream and wetland impacts on the site. c. Please submit the following documents for review and approval: • Stream Restoration Plan (relocation of channel)—Please explain how you plan to restore the pattern, profile and dimension of the impacted stream channel. The streambed must be restored to the original profile, the stream banks must be stabilized, and any fill material must be removed from the riparian zone. Replanting of the riparian zone may be required, 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 Linda Wiggs at(828) 296-4500. Sincerely, 1J Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy Polk County Planning G:\WPDATA\DEMWQ\POLK\Complaints\Brown\nov-2009-ss-001 l.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 24, 2009 Marisue Hilliard USDA Forest Service 160 Zillicoa Street, Suite A Asheville,North Carolina 28801 Subject: 401 Water Quality Certification - Approval North Fork Mills River Stream Rehabilitation Project DWQ Project # 09-0131 Henderson County FRB03 /North Fork Mills River/ 6-54-2-(7) / WS-I1, B, Tr, HQW Dear Ms. Hilliard: The DWQ has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. �:pproval has been granted to place fill within or otherwise impact 800 feet of stream for the purpose of stream restoration and streambank stabilization for the subject project. 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 Regional General Permit 27 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 General 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 Stream 880 (feet) Proposed Action Sketches Location 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 NorthCarol.ina Internet:www.ncwaterquality.org Yahmally An Equal Opportunity`•.Affirmative Action Employer Marisue Hilliard March 24,2009 Page 2 of Additional Conditions 1. Turbidity Standard The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described __- __._____ in 1.5 A_NCAC 2B .0200. Appro_priatesediment_and erosion control practices must be used to meet this standard. 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 Chuck Cranford in the Asheville Regional Office at 828-296-4664. Sincerely, s t Coleen H. Sullins, Director CHS/cbc Enc: GC3689 Certificate of Completion cc: Liz Hair- USACE Asheville Regulatory Field Office 401 Permitting Unit—Central Office File Copy G:\WPDATA\DEMWQ\Henderson\40 I s\09-0131—Approval_3-19-09.doc d •• NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 24, 2009 M Shuford Wise Town of Granite Falls PO Drawer 10 Granite Falls NC 28630 SUBJECT: Compliance Evaluation Inspection Granite Falls WWTP Permit No: N00021890 Caldwell County Dear Mr. Wise: Enclosed please find a copy of the Compliance Evaluation Inspection report resulting from the inspection conducted on March 19, 2009. Jeff Menzel of the Asheville Regional Office conducted the Compliance Evaluation Inspection. The facility was found to be in Compliance with permit N00021890. 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, //4? Jeff Menzel Environmental Specialist Enclosure cc: Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S. Highway 70, Swannanoa, NC 28778 NOrthCarolina Phone: (828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 //� Internet:www.ncwaterguality.org G:\WPDATA\DEMWQ\Caldwell\21890 Granite Falls WWTP Natujal United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 3�-- —Ncoo21s90 111 12I- 09/0.3/19 117 _ - -181 C� 191 SI - 20I ----- Remarks 2111111111111111111111111111IIIIIIIIIIIIIIIlillll6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67 I 169 70I 31 71 I®I 72_ I 731 I 174 75' 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) 10:00 AM 09/03/19 05/08/01 Granite Falls WWTP 60 Meandering way Exit Time/Date Permit Expiration Date Granite Falls NC 28630 11:30 AM 09/03/19 10/01/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data M Shuford Wise/ORC/828-396-7111/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted M Shuford Wise,PO Drawer 10 Granite Falls NC 28630//828-396-7111/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement Operations&Maintenance N Records/Reports Self-Monitoring Program Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers D to P� � 3 ��-3 Roger C Edwards � ARO WQ//828-296-4500/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3I NCO021890 I11 12I 09/03/19 117 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) __—_---The treatment=p-oc_esses arthis-plarttappe_ar_aito-be wet maintained and-operating-correctly. A few-t[Tings- _ ---- observed that require immediate attention to insure accurate documentation of the effluent. The flow meter needs to be calibrated annually and the sampling needs to be flow proportionality as required by the permit. Mr. Wise informed the inspector that these issues would be addressed immediately. A follow up inspection will be done to insure that these discrepancies have been corrected. Page# 2 Permit: NCO021890 Owner-Facility: Granite Falls WWTP Inspection Date: 03/19/2009 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable._housekeeping?___ _ 00 n ------- ------- Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge 0n I®1 n Judge, and other that are applicable? Comment: Facility was in good order. 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 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? ® n n n Is the unit in good condition? ❑ ❑ ❑ Comment: Grit Removal Yes No NA NE Type of grit removal a.Manual n b.Mechanical Is the grit free of excessive organic matter? n n Is the grit free of excessive odor? n n n #Is disposal of grit in compliance? ® ❑ n n Comment: Oxidation Ditches Yes No NA NE Are the aerators operational? ■ n ❑ n Page# 3 - ...-.--._- ..---..-. Permit: NCO021890 Owner-Facility: Granite Falls VVVVTP Inspection Date: 03/19/2009 Inspection Type: Compliance Evaluation Oxidation Ditches Yes No NA NE Are-the-aer-ators-free-of-excessive-seIids bui+d-up? ----- 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 Are settleometer results acceptable(>30 minutes)? n n n Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ n In Are settelometer results acceptable?(400 to 800 ml/I in 30 minutes) n n Comment: I did not conduct process controls during this inspection. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? I® c) 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 n Is the site free of evidence of short-circuiting? ® ❑ 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 n Is the return rate acceptable(low turbulence)? ® n n n Is the overflow clear of excessive solids/pin floc? m ❑ n n Is the sludge blanket level acceptable?(Approximately'%of the sidewall depth) n n n Comment: Disinfection-Gas Yes No NA NE Are cylinders secured adequately? M n n n Are cylinders protected from direct sunlight? ® n n n Is there adequate reserve supply of disinfectant? ® n n n 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 Does the Stationary Source have more than 2500 Ibs of Chlorine(CAS No. 7782-50-5)? n n ® n Page# 4 Permit: NC0021890 Owner-Facility: Granite Falls WWTP Inspection Date: 03/19/2009 Inspection Type: Compliance Evaluation Disinfection-Gas Yes No NA NE _ If yes,then is there a Risk Management Plan on site? f 1 Q If yes, then what is the EPA twelve digit ID Number?(1 000- _) If yes,then when was the RMP last updated? Comment: De-chlorination Yes No NA NE Type of system? Liquid Is the feed ratio proportional to chlorine amount(1 to 1)? n 00 Is storage appropriate for cylinders? n El #Is de-chlorination substance stored away from chlorine containers? n n Cl Are the tablets the proper size and type? ❑ ❑. ■ 01 Comment: Sodium sulfite is used for chlorination. Are tablet de-chlorinators operational? n n 0 n Number of tubes in use? 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 ❑ Is the generator tested under load? n n n Was generator tested&operational during the inspection? n n Cl 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 Is the generator fuel level monitored? ❑ n n Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? n ® n n Is sample collected below all treatment units? ❑ n n Is proper volume collected? ❑ n n Is the tubing clean? ® n #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? 0 n ❑ n Is the facility sampling performed as required by the permit(frequency, sampling type representative)? ❑ ® ❑ n Page# 5 Permit: NC0021890 Owner-Facility: Granite Falls WWTP Inspection Date: 03/19/2009 Inspection Type: Compliance Evaluation Effluent Sampling Yes No NA NE Corr-rnent Tphis-fact -is-re uired-to-con-duct-flaw ro ortlonal sampNng—A inspection this facility was conducting time proportional sampling resulting in one 100ml sample every hour. Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? n ❑ n Is flow meter calibrated annually? fl ® n n Is the flow meter operational? n n n (If units are separated)Does the chart recorder match the flow meter? n n n Comment: The flow meter had not been calibrated in the last year. Mr. Wise said that he was aware of this and would take care of it promptly. Upstream/Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit(frequency, sampling type, and sampling location)? 0 n n n Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ❑ n n Are the receiving water free of foam other than trace amounts and other debris? n n n If effluent (diffuser pipes are required) are they operating properly? n n En Comment: Page# 6 �0 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins -- - _ -- -- --- Dee f reemarr _ -------.. ----Beverly-Eavea-Perdue --- -- - . ---Director ---- - Secretary Governor March 24, 2009 Mr. Larry Callicutt, Town Manager Town of Bryson City Post Office Box 726 Bryson City , North Carolina 28713 Subject: Application Return Town of Bryson City Microtel Project Swain County Dear Mr. Callicutt: Attached is the Fast-Track Application submitted by the Town of Bryson City seeking permission to construct and operate a sewer to serve the Microtel. The Application is being returned for the reason that North Carolina Administrative Code Title 15A, Subchapter 2T.0305(i)(1) requires that public gravity sewers have a minimum diameter of 8 inches. The attached Application proposes 6 and 8 inch diameter sewers. Please resubmit the Application showing only 8 inch sewers. I do not know the details of this project but it is possible that 6 inch sewers could be constructed on Microtel property with the approval of the local building inspector. From the property line on all public sewers must be a minimum of 8 inch diameter. I look forward to receipt of the returned Application. Should you need to discuss this matter, please do not hesitate to call me at (828)296-4659. Sincerely, r Roy M. bavis Environmental Engineer Xc: James Wilson, PE Kevin Seagle, Swain County Building Inspector G:\WPDATA\DEMWQ\Swain\Bryson City Collection System\Application Return-Bryson City-Microell.09.doc 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\Customer Service:1.87-623.6748 , p� '!K/N�`�� Internet: www,ncwaterqu ;ality.org i An Equal Opportunity 1 Affirmative Action Employer x.. so 222-' 33415 27708 Jefferson Ave., STE 100 Temecula,CA 92590 33415 An F �Y 800.939.3736 18067195.096 ANNEWWW"Wr® I'm SWAIN LAND HOLDING, LLC MICROTEL INN &SUITES 1/15/2009 $$$$$$$$480.00 Four Hundred Eighty And 00/100 Dollars VOID AFTER90 DAYS PAY TO THE ORDER OF NORTH CAROLINA DEPARTMENT OF SBA FUND CONTROL CHECK ENVIRONMENT AND NATURAL RESOUR L y AUTHQFtIZED SIUNATURE 33415 SEWER PERMIT FEES $480.00 $0.00 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 25, 2009 Omni Supply Company Doug Bush PO Box 99 Patterson, NC 28661 SUBJECT: Inspection-Omni Supply Company Yadkin River Road NCG050000 Caldwell County Dear Mr. Bush: On March 3, 2009, Linda Wiggs and Susan Wilson with the Asheville Regional Office of the Division of Water Quality inspected the Omni Supply facility on Yadkin River Road. Paper product residue and a magenta dye were documented discharging from the building down an embankment towards the Yadkin River. This is considered an illegal discharge to waters of the state and needs to cease immediately. Tim Parlier and Bill Hicks were onsite during the inspection. The discharge from the building was occurring in the stocker and pulper area. Please respond within 15 days of receipt of this letter documenting the remedial action taken to cease the discharge from the building to the river. On January 29, 2009, Division of Water Quality received a request for No Exposure; this request cannot be granted at this time. Sincerely, o Linda Wiggs Environmental Specialist Surface Water Protection cc: ARO File Copy Tim Parlier Bill Hicks SURFACE VVA i ER PROT EC(1ON SECTION-ASHEVILLE REGIONAL OFFICE One Location 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828.296-45001 FAX:828-299-7043\Customer Service:1-877-623-6748 '/ Internet: www.ncwaterquality.or9 aturallff An Equal Opportunity\Affirmative Action Employer G:\WPDATA\DEMWQ\Caldwell\omni\omni.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman - - Secreta ----=Gavernor _ - _- __ _ - - -- ry— March 25, 2009 Mr. William Anderson 725 1 st Ave Welaka, FL 32193 SUBJECT: Notice of Violation Response and Stream Restoration Plan Approval Anderson Property Reference: NOV-2009-OP-0003 Cherokee County Dear Mr. Anderson: A Notice of Violation (NOV), referenced above, was issued on February 9, 2009 for Anderson Property along Oak Grove Road in Cherokee County. Marshwater Company provided a response for this NOV to the Division of Water Quality on March 19, 2009. The NOV requested Stream Restoration, specifically Required Response II. Marshwater Company provided a Stream Restoration Plan as part of the response to the NOV. This Stream Restoration Plan is approved. Activities involved in this approved plan, as well as submittal of the final report, are to be completed within forty-five (45) days of this approval letter. Sincerely, Linda Wiggs Environmental Specialist Surface Water Protection cc: ARO File Copy Marshwater Company Ronnie Dillbeck PO Box 284 Franklin,NC 28734 SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 2877 NorthCarolina Phone:828-296-45001 FAX:828-299 70431 Customer Service:1-877-623-6748 '/N�l/� InInternet: ��K www.ncwatergLiality.org / A.nF..grial Opportunity'.Affirmative Action Employer G:\W PDATA\DEMWQ\Cherokee\Complaints\Anderson-Pond\StreamRestore-IAPPROVE.doc RCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 26, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED - 7008 0150 0000 7473 9856 Mr. Danny McIntosh, Mayor Town of Burnsville Post Office Box 97 Burnsville, North Carolina 28714 Subject: Notice of Violation and Recommendation of Enforcement Action NOV-2008-PC-0269 Town of Burnsville Compliance Evaluation Inspection Permit No. WQCS00143 Wastewater Collection System Yancey County Dear Mr. McIntosh: Attached is the report resulting from the Town of Burnsville`s Collection System Permit Compliance Evaluation Inspection conducted March 12, 2009 and March 19, 2009 by Roy Davis with this office. This report is being sent as a Notice of Violation and Recommendation of Enforcement Action as a result of the Sanitary Sewer Overflow and pump station wet well overflow pipe observed on March 12, 2009 and Collection System Permit violations observed on March 19, 2009. The General Statutes provide for Civil Penalties of up to $25,000 per violation of rules of the North Carolina Environmental Management Commission, permits issued under the authority of the Commission and violation of selected environmental statutes. The Town of Burnsville has held a Collection System Permit, since August of 2005, which requires the removal of all overflow piping. On March 12, 2009 Roy Davis and Jeff Menzel of this office observed an overflow pipe leading from the wet well of the OMC Pump Station to a nearby field. At two or more Iocations the Town of Burnsville has laid unpermitted, unengineered sanitary sewer directly in streams. This is an unacceptable practice. On March 12, 2009 Roy ..Davis and Jeff Menzel observed a Sanitary Sewer Overflow, from sewers lying in a creek, ,occurring in front of Ken's Mufflers at the intersection of U.S. Highway 19 E and North Carolina SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 North Carolina Phone:828-296A5001 FAX:828-299-70431 Customer Service:1-877-623-6748 a��{'/yea//� Internet: www.ncwaterquality.org v V `Kb `L An Equal Opportunity 1 Affirmative Action Employer Highway 197 South. This discharge of sewage from the Town of Burnsville's collection system entered an unnamed tributary to Little Crabtree Creek. This discharge to the State's surface waters violates North Carolina General Statute 143-215.1 (a) (1) and the terms and conditions of the Town's Collection System Permit. It was observed on March 19, 2009 that the Town of Burnsville has still not designated a Collection System Operator in Responsible Charge or Backup Collection System Operator in Responsible Charge. This in spite of the fact that you were made aware of this deficiency in our inspection report cover letter dated March 24, 2008. We note that the Town plans to send an employee to the collection school in Morganton this August. The following violations of the requirements contained in Collection System Permit Number WQCS00143 issued to the Town of Burnsville were observed during our Compliance Evaluation Inspection of March 19, 2009. The same collection system permit violations were observed during our March 20, 2007 Town of Burnsville's collection system permit compliance inspection. Many of the same permit violations were observed during our March 18, 2008 collection system inspection. (1) The Spill Response Action Plan does not meet the requirements of WQCS00143 and needs to be modified to include: (1) 24-hour contact numbers for contractors and vendors who might be called upon in event of a collection system emergency, (2) a list of equipment and spare parts which might be used by the Town in event of a collection system emergency, (3) spill site sanitation and cleanup materials kept by the Town and (4) post spill assessment procedures. A disc previously sent to the Town last year had a Spill Response Action Plan which might serve as a useful guide to Burnsville. (2 ) The Town's current collection system Capital Improvements Plan is ten years old and needs updating. The Town's collection system permit requires that the Town adopt a fl wastewater collection system Capital Improvements Plan (CIP). Such a CIP must span a three to five year period of time and have the following features: (1) a goals statement, (2) a description of the area served by the collection system, (3) a description of the existing collection system, (4) a description of known deficiencies and (5) a discussion of forecasted future need. Without a current collection system CIP how can a person be sure that the Town is tackling its most pressing collection system issues first. (3) Documentation of the semi-annual inspection of the Town's high priority sewer lines is not being maintained. (4) Right-of-way maintenance records are not being kept. (5) Annual overview of the entire system is not being documented. This office is considering recommending the assessment of Civil Penalties against the Town of Burnsville for : • failing to remove the overflow pipe from the OMC Pump Station wet well as required by Permit Number WQCS00143, • the discharge of sewage to the State's surface waters in violation of North Carolina General Statute 143-215.1(a)(1) and Permit Number WQCS00143, • failure on the part of the Town of Burnsville to designate a Collection System Operator in Responsible Charge and Backup Collection System Operator in Responsible Charge, `-' • failure on the part of the Town of Burnsville to provide a compliant Spill Response Action Plan, • failure to provide a compliant collection system Capital Improvements Plan, • failure to document semiannual inspection of high priority sewers, • failure to document right-of-way maintenance, • and failure to document the annual observation of the entire system. If you wish to submit; for our consideration, an explanation for any of these violations; please do so within fifteen (15) days from date of receipt of this Notice. Anything you submit will be taken into consideration in deciding whether to access a Civil Penalty against the Town of Burnsville. Please do not hesitate to call Roy Davis at (828)296-4659 should you need to discuss this Notice of Violation. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: Tom Storie, DPW PERCS Files Steve Reid (Without Attachment) G:\WPDATA\DEMWQ\Yancey\Burnsville Collection System\NOV-2009-PC-0269 Inspection.09.doc Compliance Inspection Report Permit: WQCS00143 Effective: 08/22/05 Expiration: 07/31/10 Owner: Town of Burnsville SOC: Effective: Expiration: Facility: Burnsville Collection System County: Yancey PO Box 97 Region: Asheville Burnsville NC 28714 Contact Person: Danny McIntosh Title: Mayor Phone:828-682-2420 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: NC0020290 Town of Burnsville-Burnsville VWVfP Inspection Date: 03/19/2009 Entry Time: 09:00 AM Exit Time: 01:00 PM Primary Inspector: Roy M Davis Phone:828-296-4500 Secondary Inspectors): Ext.4659 Reason for Inspection: Routine Inspection Type:Compliance Evaluation Permit Inspection Type: Collection system management and operation Facility Status: ❑ Compliant ■ Not Compliant Question Areas: ®Miscellaneous Questions Performance Standards ®Operation&Maint Reqmts Records ®Monitoring&Rpting Inspections ®Pump Station ®Manhole Reqmts ®Lines (See attachment summary) Page: 1 .........._ ... ....... ...... Permit:WQCS00143 Owner-Facility:Town of Burnsville Inspection Date: 03/19/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine Inspection Summary: The Town has designated neither a CSORC nor a Backup CSORC. Town plans to send Shane Dale to Collection School in Morganton in August. Town has unpermitted, unengineered sanitary sewers lying directly in streams; a practice which is unacceptable. The Town is requesting more than $3.5 M in grants to fund collection system improvements. The Town anticipates that DOT's planned improvements to Highway 19E through Town should result in removal of two sewers from stream beds and other collection system improvements. This project is entirely State funded and is therefore subject to being pushed back from its current FY 2010 let date. Burnsville should look for some other way to fund removal of these sewers from their respective streams if the 19 E project is delayed. Town does not document right-of-way maintenance, annual system overview or semi-annual inspection of high priority lines. Town needs an updated collection system CIP. Town needs an updated Spill Response Action Plan. Page: 2 Permit:WQCS00143 Owner-Facility:Town of Burnsville Inspection Date: 03/19/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine Yes No NA NE Performance Standards Is Public Education Program for grease established and documented? ■ ❑ ❑ ❑ What educational tools are used? Insert in Water Consumer Confidence Report Is Sewer Use Ordinance/Legal Authority available? ■ ❑ ❑ ❑ Does it appear that the Sewer Use Ordinance isenforced? ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ Is Grease Trap Ordinance available? Is Septic Tank Ordinance available(as applicable, i.e. annexation) List enforcement actions by permittee, if any, in the last 12 months None Has an acceptable Capital Improvement Plan(CIP)been implemented? ❑ ■ ❑ ❑ Does CIP address short term needs and longterm\"master plan\"concepts? ■ ❑ Cl Cl Does CIP cover three to five year period? ■ ❑ ❑ ❑ Does CIP include Goal Statement? ❑ ■ ❑ ❑ Does CIP include description of project area? Does CIP include description of existing facilities? ■ ❑ ❑ ❑ Does CIP include known deficiencies? ■ ❑ ❑ ❑ Does CIP include forecasted future needs? 0000 Is GIP designated only for wastewater collection and treatment? ❑ ■ ❑ ❑ $3,571,450.00 Approximate capital improvement budget for collection system? $533,000,00 Total annual revenue for wastewater collection and treatment? CIP Comments Town's Collection System CIP is now 10 years old and needs to be updated. Town has made application for more than$3.5 Min grants to upgrade collcetion system.Additionally,the 19 E Highway improvements project may result in improvements to several parts of the collection system. Is system free of known points of bypass? If no,describe type of bypass and location Last known bypass(OMC Pump Station)was eliminated on 03/12/2009. Collection system ba ypass near old abandoned pump station in front of Glenraven Mills was long ago pluged and the flapper valve chained shut. Is a 24-hour notification sign posted at ALL pump stations? #Does the sign include: 013011 Instructions for notification? ■ ❑ ❑ ❑ Pump station identifier? Page: 3 ..._... ........ .. ..._.____.... _ _ _ __.._..... ................ .. Permit:WQCS00143 Owner-Facility:Town of Burnsville Inspection Date: 03/19/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine 24-hour contact numbers ■ ❑ ❑ ❑ If no, list deficient pump stations None #Do ALL pump stations have an"auto polling"feature/SCADA? ❑ ■ ❑ Number of pump stations 4 - Number of pump stations that have SCADA 0 Number of pump stations that have simple telemetry 3 Number of pump stations that have only audible and visual alarms 1 Number of pump stations that do not meet permit requirements 0 #Does the permittee have a root control program? 110110 #If yes, date implemented? Describe: Town does not practice chemical root control. Comment: Town has four excellent pump stations. Inspections Yes No NA NE Are maintenance records for sewer lines available? ■ ❑ ❑ ❑ Are records available that document pump station inspections? ■ ❑ ❑ ❑ Are SCADA or telemetry equipped pump stations inspected at least once a week? ■ ❑ ❑ Are non-SCADA/telemetry equipped pump stations inspected every day? ■ Cl ❑ ❑ Are records available that document citizen complaints? ■ Cl ❑ ❑ #Do you have a system to conduct an annual observation of entire system? ❑ ■ Q ❑ #Has there been an observation of remote areas in the last year? ❑ ■ ❑ ❑ Are records available that document inspections of high-priority lines? ❑ ■ ❑ ❑ Has there been visual inspections of high-priority lines in last six months? ❑ ■ ❑ ❑ Comment: Town needs to document inspection of high priority lines. Operation & Maintenance Requirements Yes No NA NE Are all log books available? ■ ❑ ❑ ❑ Does supervisor review all log books on a regular basis? ■ El ❑ Does the supervisor have plans to address documented short-term problem areas? ■ ❑ ❑ ❑ What is the schedule for reviewing inspection,maintenance, &operations logs and problem areas? No particular schedule. Page: 4 Permit:WQCS00143 Owner-Facility:Town of Burnsville inspection Date:03/19/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine Are maintenance records for equipment available? Q n n Is a schedule maintained for testing emergency/standby equipment? n n Q What is the schedule for testing emergency/standby equipment? Generators weekly. Do pump station logs include: Inside and outside cleaning and debris removal? n ❑ ❑ Inspecting and exercising all valves? n ❑ n Inspecting and lubricating pumps and other equipment? ❑ n n Inspecting alarms,telemetry and auxiliary equipment? 0 n n Is there at least one spare pump for each pump station w/o pump reliability? n n m n Are maintenance records for right-of-ways available? Q M Q n Are right-of-ways currently accessible in the event of an emergency? n n n Are system cleaning records available? I] n ❑ Has at least 10%of system been cleaned annually? ❑ ❑ ❑ What areas are scheduled for cleaning in the next 12 months? Is a Spill Response Action Plan available? ❑ n Does the plan include: 24-hour contact numbers ■ n n n Response time 1) ❑ O Equipment list and spare parts inventory ❑ ® Q (=l Access to cleaning equipment n n n Access to construction crews, contractors, and/or engineers ® Q ❑ 0 Source of emergency funds 0 ❑ ❑ • Site sanitation and cleanup materials ❑ ® ❑ n Post-overflow/spill assessment n 0 ❑ Is a Spill Response Action Plan available for all personnel? ® 0 ❑ Is the spare parts inventory adequate? ® n ❑ n Comment: Spill Response Action Plan does not meet permit requirements. I will ask the City of Brevard to to send Shane a copy of their Plan electronically. Records Yes No NA NE Are adequate records of all SSOs,spills and complaints available? 0000 Page: 5 - _.._....._.. .__..._. .._..... ....__. .._..._._... - Permit:WQCS00143 Owner-Facility: Town of Burnsville Inspection Date: 03/19/2009 Inspection Type:Compliance Evaluation Reason for Visit: Routine 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? ❑ ■ ❑ ❑ If yes, is there a corrective action plan? ❑ ❑ ■ ❑ Is a map of the system available? ■ ❑ ❑ ❑ Does the map include: Pipe sizes ■ o f1 ❑ Pipe materials ■ rJ (] f-1 Pipe location ■ 0 0 n Flow direction ❑ ❑ ❑ ■ Approximate pipe age ■ ❑ ❑ [1 Number of service taps ■ D D 0 Pump stations and capacity ■ ❑ ❑ ❑ If no,what percent is complete? 99 List any modifications and extensions that need to be added to the map #Does the permittee have a copy of their permit? ■ ❑ 0 I=1 Comment: Town has good collection system map prepared with financial assistance from Rural Water. Monitoring and Reporting Requirements Yes No NA NE Are copies of required press releases and distribution lists available? ❑ ❑ ■ ❑ Are public notices and proof of publication available? ❑ 0 ■ ❑ #Is an annual report being prepared in accordance with G.S. 143-215.1C? n ❑ fl ■ #Is permittee compliant with all compliance schedules in the permits? ❑ ■ ❑ 0 If no,which one(s)? CIP Comment: ALTEC -Altec Drive Pump Station Yes No NA NE Pump station type Duplex Are pump station logs available? ■ 0 f 1 ❑ Is it accessible in all weather conditions? ■ ❑ ❑ 0 #Is general housekeeping acceptable? ■ ❑ ❑ 0 Page: 6 Permit:WQCS00143 Owner-Facility:Town of Burnsville Inspection Date: 03/19/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine Are all pumps present? n n n Are all pumps operable? n n Are wet wells free of excessive debris? ❑ ❑ n Are upstream manholes free of excessive debris/signs of overflow? ■ n ❑ ❑ Are floats/controls for pumps/alarms operable? ❑ ❑ Cl Is"auto polling"feature/SCADA present? ■ n n Is"auto polling"feature/SCADA operational? ❑ n n Is simple telemetry present? ❑ 0 n Is simple telemetry operational? ❑ ❑ ❑ Are audio and visual alarms present? ❑ Q n Are audio and visual alarms operable? n n n Is the Pump station inspected as required? n n Are backflow devices in place? n ❑ n Are backflow devices operable? ❑ n Are air relief valves in place? n n n Are air relief valves operable? O n n • # Is an emergency generator available? ® ❑ n Can the emergency generator run the pumps? ® n 0 n Is the pump station equipped for quick hook-up? n ■ nn Is the generator operable? ! n ❑ Q #Is fuel in tank and sufficient? n ❑ n Is the generator inspected according to their schedule? ® n n Is a 24-hour notification sign posted? ® ❑ n n Does it include: Instructions for notification? ■ ❑ n ❑ Pump station identifier? ® n n Emergency phone number ■ ❑ n Is public access limited? n ❑ n Is pump station free of overflow piping? ® ❑ ❑ Is the pump station free of signs of overflow? Page: 7 ............__......_ .._ .._. ... _-..__.. Permit:WQCS00143 Owner-Facility:Town of Burnsville Inspection Date: 03/19/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine Are run times comparable for multiple pumps? 104-102 hours Comment: Good station. BAKER CREEK- Dam Road Pump Station Yes No NA NE Pump station type Duplex Are pump station logs available? ■ ❑ ❑ 0 Is it accessible in all weather conditions? ■ ❑ ❑ ❑ #Is general housekeeping acceptable? ■ ❑ ❑ ❑ Are all pumps present? ■ ❑ ❑ ❑ Are all pumps operable? ■ i1 ❑ ❑ Are wet wells free of excessive debris? ❑ ❑ ❑ ■ Are upstream manholes free of excessive debris/signs of overflow? ■ ❑ ❑ ❑ Are floats/controls for pumps/alarms operable? ■ ❑ ❑ ❑ Is"auto polling"feature/SCADA present? ❑ ■ ❑ ❑ Is"auto polling"feature/SCADA operational? ❑ f_1 ■ ❑ Is simple telemetry present? ■ ❑ ❑ ❑ Is simple telemetry operational? ® ❑ ❑ ❑ Are audio and visual alarms present? ■ ❑ ❑ ❑ Are audio and visual alarms operable? ■ ❑ ❑ ❑ Is the Pump station inspected as required? ■ ❑ ❑ ❑ Are backflow devices in place? ■ ❑ ❑ i l Are backflow devices operable? ■ ❑ 0 ❑ Are air relief valves in place? fl ❑ ❑ ■ Are air relief valves operable? ❑ ❑ ❑ ■ # Is an emergency generator available? ■ ❑ ❑ ❑ Can the emergency generator run the pumps? ■ ❑ ❑ ❑ Is the pump station equipped for quick hook-up? ❑ ■ ❑ ❑ Is the generator operable? ■ ❑ ❑ ❑ #Is fuel in tank and sufficient? ■ ❑ ❑ ❑ Is the generator inspected according to their schedule? ■ ❑ ❑ ❑ - J Page: 8 Permit:WQCS00143 Owner-Facility:Town of Burnsville Inspection Date: 03/19/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine Is a 24-hour notification sign posted? 00011 Does it include: Instructions for notification? ■ n Q n Pump station identifier? ■ Q ❑ n Emergency phone number ® ❑ n Is public access limited? ■ ❑ n n Is pump station free of overflow piping? ■ n 0 Is the pump station free of signs of overflow? ■ ❑ n ❑ Are run times comparable for multiple pumps? 2522-2342 hours Comment: Good station. MAYLAND -Wheeler Road PuMp Station Yes No NA NE Pump station type Duplex Are pump station logs available? ■ n n Q Is it accessible in all weather conditions? ■ n Cl Q #Is general housekeeping acceptable? ■ n n Are all pumps present? ® n n n Are all pumps operable? ® n n n Are wet wells free of excessive debris? (] ■ El Q Are upstream manholes free of excessive debris/signs of overflow? ■ n n O Are floats/controls for pumps/alarms operable? ® n 0 n Is"auto polling"feature/SCADA present? n ■ ❑ Q Is"auto polling"feature/SCADA operational? n n ■ n Is simple telemetry present? ■ ❑ n .❑ Is simple telemetry operational? ■ n ❑ Q Are audio and visual alarms present? ® Q n ❑ Are audio and visual alarms operable? ® n 110 Is the Pump station inspected as required? ■ El Are backflow devices in place? ■ Q ❑ ❑ Are backflow devices operable? ■ nod Page: 9 Permit:WQCS00143 Owner-Facility:Town of Burnsville Inspection Date: 03/19/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine Are air relief valves in place? ❑ ❑ ❑ ■ Are air relief valves operable? n ❑ f1 ■ # Is an emergency generator available? ■ ❑ ❑ ❑ Can the emergency generator run the pumps? ■ ❑ ❑ ❑ Is the pump station equipped for quick hook-up? ❑ ■ ❑ ❑ Is the generator operable? ■ ❑ ❑ ❑ #Is fuel in tank and sufficient? ■ ❑ ❑ ❑ Is the generator inspected according to their schedule? ■ ❑ ❑ i1 Is a 24-hour notification sign posted? ■ ❑ ❑ ❑ Does it include: Instructions for notification? ■ ❑ ❑ ❑ Pump station identifier? ■ ❑ ❑ ❑ Emergency phone number ■ ❑ ❑ ❑ Is public access limited? ■ ❑ ❑ 11 Is pump station free of overflow piping? ❑ ❑ ❑ Is the pump station free of signs of overflow? ■ ❑ ❑ ❑ �- Are run times comparable for multiple pumps? 903-815 hours Comment; Good station. OMC (MAIN) -OMC Drive Pump Station Yes No NA NE Pump station type Duplex Are pump station logs available? ■ ❑ ❑ (_'I Is it accessible in all weather conditions? ■ ❑ ❑ ❑ #Is general housekeeping acceptable? ■ ❑ ❑ ❑ Are all pumps present? ■ ❑ ❑ El Are all pumps operable? ■ ❑ ❑ Are wet wells free of excessive debris? ■ ❑ ❑ ❑ Are upstream manholes free of excessive debris/signs of overflow? ■ ❑ ❑ ❑ Are floats/controls for pumps/alarms operable? ■ ❑ ❑ ❑ Is"auto polling"feature/SCADA present? ❑ ■ ❑ ❑ i Page: 10 Permit:WQCS00143 Owner-Facility:Town of Burnsville Inspection Date: 03/19/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine Is"auto polling"feature/SCADA operational? 0 ❑ 0 Is simple telemetry present? n 0 ❑ 0 Is simple telemetry operational? 0 Q E 0 Are audio and visual alarms present? Q ❑ Q Are audio and visual alarms operable? ❑ ❑ fl Is the Pump station inspected as required? n n Are backflow devices in place? n ❑ Q Are backflow devices operable? ❑ n Q Are air relief valves in place? Q ❑ ❑ Are air relief valves operable? n ❑ Q # Is an emergency generator available? Q ❑ ❑ Can the emergency generator run the pumps? ❑ n Is the pump station equipped for quick hook-up? 0 Cl 0 Is the generator operable? ❑ f_1 Q #Is fuel in tank and sufficient? Q Cl Q Is the generator inspected according to their schedule? n Is a 24-hour notification sign posted? Q ❑ ❑ Does it include: Instructions for notification? ® n fl Pump station identifier? ❑ Cl ❑ Emergency phone number fl Q ❑ Is public access limited? ® ❑ Is pump station free of overflow piping? • ❑ ❑ ❑ Is the pump station free of signs of overflow? Q 0 O Are run times comparable for multiple pumps? NE Comment: Wet well overflow pipe removed on March 12, 2009. Page: 11 RCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 27, 2009 David Odom Highlands of Lake Lure, LLC 152 East Main Street Forest City, NC 28043 John Bittle Bittle, Inc. 409 Fairway Drive Lake Lure,North Carolina 28746 SUBJECT: Notice of Violation Response and Remediation Plan Approval Highlands of Lake Lure NOV-2008-OP-0061 Version 2 and NOV-2009-SS-0002 Rutherford County Dear Messrs. Odom and Bittle: The Division of Water Quality has received correspondence, dated March 11, 2009, in response to the NOVs noted above; including, proposed stream restoration and sediment removal plans from C1earWater Environmental Consultants,Inc. The remedial actions presented in the response have been found satisfactory;and are approved. The DWQ understands that once the in-stream impoundment structure has been removed, further stream channel assessment will be conducted prior to developing a final restoration design, which will be submitted for approval. Activities involved in this approved plan, as well as submittal of the final report, are to be completed within sixty (60) days of the date of this letter. Please contact me prior to starting any in-stream work. StIRFACF.WATER PROTECTION SECTION ION ASHEVILIL.E.REGIONAL OFFICE One L.,ouation:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828 296 4i00\FAX:828-299-7043\Customer Service: 1-877-623-6748 Naturally '��C'/��J/'/ Internet: www riewaterquality.org ��/ `ui ll An Equal Opportunity\,Affirmative Action Employer Messrs.Odom and Bittle March 27,2009 Page 2 of 2 Thank you for your cooperation in this matter and call me if you have questions or concerns. Sincerely, a Chuck Cranford Environmental Specialist Surface Water Protection Section cc: Anna Salzberg—ClearWater Liz Hair— USACE Clint Calhoun—Town of Lake Lure ARO File Copy DWQ Central Files i a NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 30, 2009 Mr. Dave Odom, PE Odom & Associates 152 East Main Street Forest City, North Carolina 28043 Subject: Fast-Track Application Return Richardson Property Town of Lake Lure Rutherford County Dear Mr. Odom: Attached herewith is the Fast-Track Sewer Application which you submitted seeking permission to construct a sewer to serve the Richardson property. The application is being returned for the following reasons: (1) By Act of the North Carolina General Assembly, effective September 1, 2007, Fast-Track Permit processing fees were increased from $400 to $480. When resubmitting the application please submit a single check made out to the North Carolina Department of Environment and Natural Resources in the amount of $480. (2) Only one copy of the Application was submitted. (3) The Application was neither signed, sealed nor dated by a Professional Engineer licensed to practice engineering in the State of North Carolina. (4) The Application was not accompanied by a Flow Tracking/Acceptance document. I look forward to receiving a completed application. Please do not hesitate to call me OoGO/G� —� cn l, oll you wish ,w discuss :a iaiuC_ noinnG S U Lill f.aa Sincerely, Roy M. Davis Environmental Engineer SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One Location:2090 US.Highway 70,Swannanoa,North Carolina 28778 NOrthCarOhna Phone:828-296-4500\.FAX:828-299-7043!Customer Service.1-877-623-6748 Naturally Internet: www.ncwaterquality.org An Equal Opportunity\Affirmative Action Employer H6ckor;/'Nut ®etstrlYCtloril - MrPI9STBANK&TRUS`,C06UIPAN� . 12111 COLUMBUS,'NC 28722 .. 86 1252/531 Lake Dire,NC 28746 828-625-0866 .+ 3/13/2009 X PAY TO THE NC Division of Water Quality **400.00, I ORDER OF Four Hundred and 00/100*** DOLLARS o NC Division of Water Quality I :5; 2090 US Highway 70 Swannanoa, NC 28778 Hickory Nut Construction 1111 NC Division of Water Quality 3/13/2009 Permits 400.00 Mountain 1st 400.00 ta® NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 30, 2009 Mr. Timothy Barth, Town Manager Town of Maggie Valley 3987 Soco Road Maggie Valley, North Carolina 28751 Subject: Permit No. WQ0033918 Town of Maggie Valley Old Still Road Wastewater Collection System Extension Haywood County Dear Mr. Barth: In accordance with your application received on March 16, 2009 we are forwarding herewith Permit No. WQ0033918 dated March 30, 2009 to the Town of Maggie Valley for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or,any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet http://h2o.enr.state.nc.us/ 2090 US Highway 70,Swannanoa,NC 28778 Telephone (828)296-4500' Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Town of Maggie Valley March 30, 2009 Page 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Town of Maggie Valley for the construction and operation of approximately 450 linear feet of 8-inch diameter gravity sewer to serve a residential subdivision and the discharge of no additional wastewater into the Town of Maggie Valley's existing sewerage system, pursuant to the application received on March 16, 2009 and in conformity with 15A NCAC 2H .0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Town of Maggie Valley Wastewater Treatment Facility (Permit No. N00056561) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, 1 for Coleen H. Sullins, Director Division of Water Quality cc: Haywood County Building Inspector Asheville Regional Office, Surface Water Protection (WWTF Permit No. NC0056561) Randall D. Hintz, PE Water Quality Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TOWN of MAGGIE VALLEY OLD STILL ROAD WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0033919 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2H .0227. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H .0227: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 213 .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. I Permit No WQ0033918 Town of Maggie Valley Old Still Road Haywood Countv March 30 2009 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 Permit No W00033918 Town of Maggie Valley. Old Still Road Haywood County, March 30 2009 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300: Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current d Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 30th day of March, 2009 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION rtC fort-61ben H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0033918 3 Permit No W00033918 Town of Maggie Valley, Old Still Road Haywood County, March 30, 2009 ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: 450 linear feet of 8-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the >' observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: :..................................................................................................... SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 .................................................................................................... The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. K IAA � NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 30, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7007 1490 0004 0713 9202 Gerald J. Kasey Harrell & Associates Realtors, LLC. 1978 Hendersonville Road Asheville, North Carolina 28803 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2009-SP-0004 Construction Stormwater Permit-NCG010000 Haywood County Response deadline: April 15, 2009 Dear Mr. Kasey: On March 21, 2009, Susan Wilson and Kevin Barnett from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection for Castle Creek Subdivision, Phase III in Haywood County. No one was present at the site. Construction Stormwater Permit NCG010000 violations were noted during the inspection and file review. No maintenance has been performed, nor was a rain gauge observed on-site. As a result of the site inspection and file review, the following violations, detailed below, were noted: I Construction Stormwater Permit NCG010000 a. Rain Gauge (Part I. Section B. No. l) b. Schedule of Compliance (Part 1. Section C. No. 2) 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 Naturally An Equal Opportunity l Affirmative Action Employer ....._....._._........ . _..............__.... Gerald J.Kasey March 30,2009 Page 2 of 3 VIOLATIONS I. Construction Stormwater Permit NCG010000 - A Construction Stormwater Permit (NCGO 10000) is issued upon the approval of an Erosion and Sedimentation Control Plan for sites greater than one acre. This permit applies to projects that receive a Division of Land Resources (DLR) (or local delegated program - Haywood County) for disturbance of 1 acre or greater. Specifically, the NCGO10000 Permit authorizes discharge of Stormwater under the National Pollutant Discharge Elimination System (NPDES) in accordance with Title 15 A North Carolina Administrative Code 2H.0100. a. Rain Gauge (Part I. Section B. No. 1.) A rain gauge was not observed on the site at the time of inspection. b. Schedule of Compliance (Part I. Section C. No. 2) Failure to operate and maintain stormwater controls to optimum efficiency as cited by Haywood County Erosion Control Violation dated October 27, 2008, represents a violation of NCGO10000 Permit. REQUIRED RESPONSE This Office requests that you respond in writing on, or before, April 15, 2009. Your response should be sent to both the attention of Kevin Barnett, Division of Water Quality, 2090 US HWY 70, Swannanoa, NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should address the following items: ! ; I. Construction Stormwater Permit NCG010000 a. Please detail the events that resulted in non-compliance with the above-mentioned NCGO10000 permit conditions. b. Please explain when you anticipate being in full compliance with the NCGO10000 Permit and your Erosion and Sediment Control Plan. e. Please provide information detailing your compliance with the minimum monitoring and reporting requirements as requested above for each phase of the project. This information must include monitoring records through to the date of your written response to this letter. Specifically, it is requested that DWQ be provided a copy of all rain gauge data and weekly iiispccuviliiiiviilwiiiig reports related to your inspections of the approved sedimentation and erosion control facilities and stormwater outfalls. Copies of all corresponding inspections subsequent to rain events greater than 0.5 inches are requested as well. Failure to provide this information will constitute violations of the subject NCGO10000 Permit. d. You should include in your response an explanation of how you propose to prevent these problems from reoccurring on this project and on future projects. �- .asey A,2009 3 of3 e. Minimum Monitoring and Record Keeping — Please provide copies of all monitoring and record keeping for the last 8 months. Please refer to the attached Stormwater Inspection For General Permit NCGO 10000 form. This form is to be filled out for every week and after each '/2 inch rain event. The following bulleted list provides guidance on how to conduct monitoring and record keeping activities in such a way as to be compliant with the NCGO10000 Permit. L The Permittee (Financially Responsible Party as indicated on Erosion and Sedimentation Control Plan application) is required to sign the inspection form each week, certifying that the report is accurate and complete. The Permittee may authorize a representative to sign these documents (please see Part I1 Section B (10 b) of the NCGO10000 Permit for proper procedure). As a final disposition of this development, The DWQ encourages you to stabilize and close out any development activities you have, and have no plans to continue work on, in the immediate future, as to close out the NCGO10000 permit. 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) 296-4500. Sincerely, et Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DiyiResourcesn of T.and Resources Haywood County Erosion Control G:\WPDATA\DEMWQ\Haywood\Stormwater Construction NCO 10\CastleCrk\CastleCreek.NOV2009SP0004.doc tom• NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality C®leen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 30, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7008 0150 0000 7473 9887 David R. Day Scenic View Terrace, LLC 6 Roberts Road Asheville, North Carolina 28803 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7008 0150 0000 7473 9894 Anatoli Karatchroun 423 Kingfisher Lane Mills River, North Carolina 28759 CERTIFIED MAIL RETURN RECEIPT REQUESTED -- 7007 1490 0004 0713 9196 Dan Brittain, AIA M & G Development Partners aka: M & M Development Company 11235 West Point Drive Knoxville, Tennessee 37934 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Scenic View Terrace NOV-2009-OP-0029 Failure to Obtain 401 Water Quality Certification (WQC) Buncombe County Response deadline: April 15, 2009 Dear Messrs. Day, Karatchroun, and Brittain: On January 8, 2009 the Asheville Regional Office of the Division of Water Quality (DWQ) returned your 401 Water Quality Certification application as incomplete. As this project was under a Notice of Violation, dated March 23, 2007, and the application was an attempt at resolution of the violations cited, your failure to re-apply and secure an appropriate WQC is a continuing violation of the applicable Water Quality Statutes and Administrative Code. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 1 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarofina Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 ��9 r�� Internet: www.ncwaterquality.org v/,/ s�tiln l An Equal Opportunity',Affirmative Action Employer Scenic View Terrace March 30,2009 Page 2 of REQUIRED RESPONSE This Office requests that you respond in writing on, or before, April 15, 2009. Your response should be sent to both the attention of Kevin Barnett, Division of Water Quality, 2090 US HWY 70, Swannanoa, NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should address the following items: 1. 401 WQ Certification a. Clearly explain why an appropriate 401 Water Quality Certification and a 404 Permit were not secured b. Provide a proposed schedule of when you expect to resubmit the required 401 WQ Certification application to DWQ. 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) 296-4500. Sincerely, kA Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy Division of Land Resources Clement Riddle, Clearwater Environmental, Inc. Billy Clark, Roberts and Stephens. GAWPDATA\DEM WQ\Buncombe\401 s\ScenicViewTerrace.NOV20090P0029.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 30, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTE D - 7008 0150 0000 7473 9853 Mr. Angelo Accetturo Wilderness Trail 140 Azalea Circle Banner Elk, NC 28604 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Wilderness Trail DWQ Tracking Number: NCR001102 NOV-2009-PC-0253 Construction Stormwater Permit—NCG010000 Stream Standard Violation - Other Waste (In-stream sediment) Avery County Response deadline: April 15, 2009 or 15 days from receipt Dear Mr. Accetturo: On February 26, 2009 Linda Wiggs from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection for Wilderness Trail along Elk Park Highway in Avery County. Present during the inspection were Loretta Smith, Tommy Burleson, Bill Beck, John Vilas and Joel Whitley. Construction Stormwater Permit NCG010000, and stream standards violations were noted during the incneEtinn and file review. Sentiment imnantc to Grreenhriar Creek, a class C-Trout stream were documented constituting permit, and standard violations. Previous sediment removal efforts on the priority 1 section within the Greenbriar Creek watershed were successful. However, because of exposed areas and lack of, or failing, erosion control measures the upper reach of priority 1 is impacted with sediment again for approximately 100 feet. Without attention to this area the entire reach will be impacted again with sediment. Also the remaining stream reaches included in priority 2 and 3 still require restoration. SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE 7sTOne Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 iv OrthCarofina Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877.623-6748 '/ Internet: www.ncwaterquality.org Naturally An Equal Opportunity 1 Affirmative Action Employer Wilderness Trail Angelo Accetturo March 26,2009 Page 2 of 3 As a result of the site inspection and file review, the following violations, detailed below, were noted: I Construction Stormwater Permit NCGO 10000 a. Schedule of Compliance (Part I. Section C. No. 2) b. Final Limitations and Controls for Stormwater Discharges (Part I. Section A. No.2) c. Twenty-four Hour Reporting (Part II. Section E. No.3) II Stream Standard Violation Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f VIOLATIONS I. Construction Stormwater Permit NCGO10000 - A Construction Stormwater Permit (NCGO 10000) is issued upon the approval of an Erosion and Sedimentation Control Plan for sites greater than one acre. a. Schedule of Compliance (Part I. Section C. No. 2) Failure to operate and maintain Stormwater controls to optimum efficiency as cited by Avery County Planning inspection dated February 4, 2009, represents a violation of NCGO 10000 Permit. b. Final Limitations and Controls for Stormwater Discharges (Part 1. Section A. , No.2) Failure to follow Erosion Control Plan, as cited in Avery County Planning _- inspection dated February 4, 2009, represents a violation of NCGO 10000 Permit. c. Twenty-four Hour Reporting (Part I1. Section E. No.3) The lack of notification to DWQ regarding sediment loss represents violations of NCGO 10000 Permit. II. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f-Approximately 7,000 feet of Greenbriar Creek, classification C-Tr remains impacted by sediment deposition from 2 to 6 inches throughout the stream reach, another 100 feet of the creek has been re-impacted by sediment, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f) REQUIRED RESPONSE This Office requests that you respond in writing within 15 days of receipt of this Notice. Your response should be sent to both the attention of Linda Wiggs, Division of Water Quality, 2090 US HWY 70, Swannanoa, NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699- 1617. Your response should address the following items: rail ,ccetturo 30,2009 .ec 3 of 3 I. Construction Stormwater Permit NCG010000 a. Please detail the events that resulted in non-compliance with the above-mentioned NCGO10000 permit conditions. b. Please explain when you anticipate being in full compliance with the NCG010000 Permit and your Erosion and Sediment Control Plan. II. Stream Standard - Other Waste (In-Stream Sediment) a. A Sediment Removal Plan has been approved for this development, please submit a proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. b. Once the Restoration Plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Linda Wiggs. 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 Linda Wiggs at (828) 296-4500. Sincerely, Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy Avery County Planning Environmental Consulting Services John Vilas 3764 Rominger Rd. Banner Elk,NC 28604 G:\WPDATA\DEMWQ\Avery\Stormwater Construction NCG0l\WildernessTrail-NCR001102\NOV-2009-PC-0253.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality C®leen Ho Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 30, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7008 0150 0000 7473 9870 Chad Lloyd Biltmore Farms, Inc. One Town Square Blvd Suite 330 Asheville NC 28803-5007 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT The Ramble Project# 04-1178 NOV—2009 - PC - 0275 401 Water Quality Certification (WQC) Conditions Buncombe County Response deadline: April 13, 2009 Dear Mr. Lloyd: On February 18, 2009 Chuck Cranford and Kevin Barnett from the Asheville Regional Office of the Division of Water Quality (DWQ), along with Liz Hair of the US Army Corps of Engineers, and Clement Riddle and Rebekah Newton of Clearwater Environmental, conducted a site inspection for The Ramble Buncombe County. 4v11 .n.";tlfidat,vn vivlatavnc Lvere noted d�iir.nn the inspection and file revieAx' i1 :x'aS nntar� that b V culvert installations were performed in such a way that may violate Water Quality General Certification 3402, Condition#9. Additionally, it was noted that impacts were installed in excess of the amount of mitigation performed, as approved in Water Quality Certification Approval letter 20041178. As a result of the site inspection and file review, the following violations, detailed below, were noted: SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 1, t Location:2090 U.S.Highway 70,Swannanoa,North Carolina 2877$ NOrthCarOhna Phone:: vvww.ncwat 1 FAX:828-299 70431 Customer Service:1-877-623-674$ ��'/r�� Internet: www.ncwaterquality.org `iL An Equal Opportunity t Affirmative Action Ernpioyer Biltmore Farms,[tic. March 26,2009 Page 2 of 3 I 401 WQC Condition Violations VIOLATIONS I. 401 WQC Condition Violations—Biltmore Farms, Inc. submitted a Pre-Construction Notification(PCN) on July 20, 2004. The impacts were requested under U.S. Army Corps of Engineers Nationwide Permit(s) 12 and 39, and the corresponding General Water Quality Certifications. DWQ issued an approval letter for the impacts on August 5, 2004, for 20041178. The approval letter specifies that the activities must follow the conditions listed in the General Water Quality Certification, as well as additional conditions listed in the letter. General Water Quality Certification 3402, Condition 9 states the following: Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed to allow low flow passage of water and aquatic life. It was observed that installed culverts were either at grade or perched. II. 401 WQC Condition Violations - Biltmore Farms, Inc. submitted a Pre-Construction Notification(PCN) on July 20, 2004. The impacts were requested under U.S. Army Corps of Engineers Nationwide Permit(s) 12 and 39, and the corresponding General Water Quality Certifications. DWQ issued an approval letter for the impacts on August 5, 2004, for 20041178. The approval letter specifies that the activities must follow the conditions listed in the General Water Quality Certification, as well as additional conditions listed in the letter. General Water Quality Certification 3402, Condition 7 states the following: In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for impacts to 150 linear feet or more of streams and/or one acre or more of wetlands for an entire project. Your submitted Mitigation Monitoring plan shows that your impacts exceed the mitigation performed by 51 linear feet. REQUIRED RESPONSE This Office requests that you respond in writing, on or before April 13, 2009. Your response should be sent to both the attention of Kevin Barnett, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should address the following items: I. 401 WQ Certification a. The Division of Water Quality requests that as-built surveys and drawings be submitted showing the current disposition of all installed crossings within the boundaries of the Ramble development. arms,Inc. A,2009 ,a3of3 II. 401 WQ Certification a. The Division of Water Quality requests that a plan and timeline for performing mitigation to complete the required 51 linear feet be submitted. Please note that any submission not in accordance with the issued 401 Water Quality Certification must include application for a Certification modification (to the Wetlands/401 Certification Unit, along with appropriate fee). 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) 296-4500. Sincerely, Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit Ian McMillan, 401 Permitting Unit Liz Hair, US Army Corps of Engineers ARO File Copy Clearwater Environmental, Inc. G:\WPDATA\DEMWQ\Buncombe\401 s\TheRamble.nov2009pc0275.20041 178.doc APry% Jf 'A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 30, 2009 Mr. Rick Spurling, Assistant Superintendent Mitchell County Board of Education 72 Ledger School Road Bakersville, North Carolina 26705 Subject: NOTICE OF VIOLATION NOV-2009-PC-0262 Compliance Sampling Inspection Mitchell High School WWTP Permit No. NCO066737 Mitchell County Dear Mr. Spurling: Enclosed please find a copy of the Inspection Report from the inspection conducted March 17, 2009. The Compliance Sampling Inspection was conducted by Janet Cantwell and Keith Haynes of the Asheville Regional Office. The treatment facility was found to be in violation of Permit NCO066737 for the following: Inspection Area Compliance Issue NPDES Permit The UV Monitor for disinfection is not operating properly. Part II, Section C, 2. Proper Operation and Maintenance NPDES Permit Sand filter beds need to be raked and leveled and the laterals Part 11, Section C, 2. should be leveled to improve flow distribution. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 iiTOrthCar011rla Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 �� Internet:www.ncwaterquality orq Mr. Rick Spurling March 30, 2009 Page Two Please refer to the enclosed Inspection Report for any additional observations and comments. The Asheville Regional Office currently has on staff a Wastewater Treatment Consultant to offer technical assistance to Wastewater Treatment Plants (WWTP) and Collection Systems (CS) with operational concerns. This service is free and non-regulatory to assist in the identification and correction of operational problems. The service can be utilized for optimization of the operation of WWTP and/or Collection Systems. Should you have questions about this service, please contact Don Price at 828-296- 4500. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within fifteen (15) working days of receipt of this letter. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Attachment cc: DWQ Asheville Files, w/ attachment DWQ Central Files, w/ attachment Bob Guerra/ DWQ Enforcement Files, w/ attachment G:\WPDATA\DEMWQ\Mitchell\66737 Mitchell High School\66737 NOV-2009-PC-0262.MitchellHigh.doc United States Environmental Protection Agency /i Washington,D.C.20460 Form Approved. A OMB No.2040-0057 Water Com dance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I N1 2 1 51 31 NCO066737 111 121 09/03/17 117 181 SI 191 SI 201 1 Remarks z11IIIIIIIIIIIIIIIIIIIilIIIIIIIIIIIIIIIIIIlllllll6 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved---------------------- 671 169 70I111 711 I 721 NI 731 I 174 751 1 1 1 1 1 Li 80 Section B: Facility Data I I 1 Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Mitchell High School WWTP 01:30 PM 09/03/17 06/04/01 217 school Rd Exit Time/Date Permit Expiration Date Bakersville NC 28705 02:35 PM 09/03/17 11/02/28 Name(s)of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Richie Crowder,72 Ledger School Rd Bakersville NC Contacted 28705//828-766-2244/8287662221 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit N Operations&Maintenance E Self-Monitoring Program N Facility Site Review Section D: Summary of Findin /Comments Attach additional sheets of narrative and checklists as necessar yl- (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwel ARC) WQ//828-296-4500 Ext.4667/ Keith Haynes ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3.(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont. ) 1 3I NCO066737 I11 12I 09/03/17 I17 18IS1 Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Richie Crowder/ORC and Keith Haynes of this office assisted in the inspection of this facility. The permit will expire February 26, 2011. Please request a permit renewal 180 days prior to expiration. The sand filter beds need to be raked and leveled and the laterals should be leveled to improve flow distribution. Some ponding on the beds was observed. The operator stated that they have recently had some heavy rains. The gate to the fence surrounding the clarifier basin needs to be locked. The UV intensity monitor is still not working; it is not possible to know if the intensity or transmittance is at the designed level for proper disinfection of the effluent. A review of the DMRs (monthly discharge monitoring reports) reveals daily maximum fecal limit violations on the May'08, February '08, January '08 and December'07 DMRs and a monthly average fecal limit violation on the May '08 DMR. Effluent samples were collected during the inspection and submitted to the lab for analysis. The analytical result for the fecal sampling showed 310 colonies/ 100 ml. This indicates that the UV disinfection is not operating properly. This deficiency of the UV intensity monitor was noted in an inspection on May 2, 2006, a technical assistance inspection on June 2,.2006, and a followup inspection on September 29, 2006. Don Price of this office suggested in his inspection on June 2, 2006, a review of the USA Bluebook, page 1240, for replacement parts for the UV monitor, web site at www.usabluebook.com and telephone number 1-847-689-3030. The facility was generating a clear effluent. .-% Sampling results for BOD, TSS and ammonia will be sent separately. Page# 2 Permit: NCO066737 Owner-Facility: Mitchell High School WWTP Inspection Date: 03/17/2009 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 Is the facility as described in the permit? n n #Are there any special conditions for the permit? n E n n Is access to the plant site restricted to the general public? n ❑ ❑ Is the inspector granted access to all areas for inspection? n [1 n Comment: The gate to the fence surrounding the clarifier basin needs to be locked. The permit will expire February 26, 2011 Please request a permit renewal 180 days prior to expiration. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 0 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: Sand Filters Low rate Yes No NA NE (If pumps are used)Is an audible and visible alarm Present and operational? Fwt ❑ No Is the distribution box level and watertight? n C1 n Is sand filter free of ponding? In 0 n Is the sand filter effluent re-circulated at a valid ratio? ❑ Cl 0 n #Is the sand filter surface free of algae or excessive vegetation? n n n #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) n ❑ In n Comment:r Tthe sand filter beds need to be raked and leveled. Some pond ing on the beds was observed.: The operator stated that they have recently had some heavy rains. Disinfection - UV Yes No NA NE Are extra UV bulbs available on site? n n n Are UV bulbs clean? n n n Is UV intensity adequate? n n n Is transmittance at or above designed level? ❑ f l 0 Is there a backup system on site? n 0 Q n Is effluent clear and free of solids? Nn n n Page# 3 Permit: NCO066737 Owner-Facility: Mitchell High School WWTP Inspection Date: 03/17/2009 Inspection Type: Compliance Sampling Yes No NA NE Disinfection -IJy — ---- - Comment: The UV intensity monitor is still not working; it is not possible to know if the intensity or transmittance is at the designed level for proper disinfection of the effluent. This was noted in an inspection on May 2, 2006, a technical assistance inspection on June 2, 2006 and a followup.inspection on September 29, 2006. Don Price of this office suggested in his inspection on June 2, 2006 a review of the USA Bluebook, page 1240, for replacement parts for the UV monitor, web site at www.usabluebook.com and telephone number 1-847-689-3030. A review of the DMRs (monthly discharge monitoring reports) reveals daily maximum fecal limit violations on the May '08, February '08, January '08 and December'07 DMRs and a monthly average fecal limit violation on the May '08 DMR. Yes No NA NE Effluent Sampling Is composite sampling flow proportional? rl ❑ ® n Is sample collected below all treatment units? ® ❑ 0 f_l 000 Is proper volume collected? Cl E Q , Is the tubing clean? #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? 0 0 ® Q Is the facility sampling performed as required by the permit(frequency,sampling type representative)? n 0 f_l Comment: Page# 4 4 0 e NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 31, 2009 Swain County DWQ Project No. 090319 NCSR 1311 (Buckner Branch Road) APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. J. B. Setzer, P.E. Division 14 Engineer N C Department of Transportation 253 Webstee Road Sylva, North Carolina 28779 Dear Mr. Setzer: You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in Fontana Lake (Tuckasegee River), for the purpose of moving the existing road and repairing a slide on NCSR 1311 (Buckner Branch Road) in Swain County: Stream Im acts in the Little Tennessee River Basin Site Permanent Temporary Fill in Permanent Fill in Temporary Total Stream Stream Fill in Intermittent Perennial Stream Dewatering in Impact Impacts Intermittent Stream (linear ft) (linear ft) Perennial Stream (linear ft) Requiring Stream (linear ft) Mitigation linear ft linear ft) Site 1 0 0 150 0 150 0 Total 0 0 1 150 0 150 0 Total Stream Permanent Impact for Project: 150 linear feet. The project should be constructed in accordance with your application dated March 23, 2009 (received March 26, 2009), 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.3704, 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 NCDWQ 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 21-1.0506 (h) (6) and SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway;Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 One Customer Service:1-877-623-6748 N� e Internet:www.ncwaterguality.orq /j'/yf/ij�'�l/'ofina AnErbualOpportunityIAffinnative Action Employer ;V ai�i br°rly Mr. J. B. Setzer, PE March 31,2009 Page Two (7). For this approval to be valid,you must follow the conditions listed in the attached certification and any additional conditions listed below. I. 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. Adequate sedimentation and erosion control measures must be installed and maintained on the project site to minimize sediment transport to downstream aquatic resources. Temporary cover (wheat, millet or similar annual grain)or permanent herbaceous cover shall be planted on all bare soil as soon as possible following ground disturbing activities. Erosion control mating shall be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas. Matting should be secured in place with staples or wherever possible, live stakes of native trees. Straw mulch and tall fescue shall not be used in riparian areas. 4. Unless otherwise approved in this certification, placement of culverts and other structures in waters, streams, and wetlands 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 -J 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. For projects impacting waters classified by the NC Environmental Management Commission as Trout Jr), High Quality Waters (HQW) or Water Supply I or II (WS-I, WS-II), stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff prior to discharging directly into streams. Mowing of existing vegetated buffer areas is strongly discouraged. 6. 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. 7. 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. During the construction of the nrniec-.t, no staging of enuipment of anv kind is pe_.rmitted in waters of the U,S, or r___ te3 riparian btrffPrg. 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. 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 use of iriprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 11. 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. .✓Ir. J. B. Setzer, P.E. March 31, 2009 ige Three 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. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 17. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 18. 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. 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 NCDOT Division Engineer and the on-site project manager. 20. 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. 21. 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 or Federal law, If NCDWQ determines that such standards or laws are not being met (including failure to sustain a designated or achieved use) or that State of Federal law if being violated, or that further conditions are necessary to assure compliance, NCDWQ may reevaluate and modify this certification 22. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 23. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of Completion Form to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd., Suite 250, Raleigh,North Carolina 27604. If you do not accept any of the conditions of this certification, 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 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, Coleen H. Sullins, Director e� Division of Water Quality Mr. J. B. Setzer, P.E. March 31, 2009 Page Four cc: Mark Davis, Division 14, DEO Ed Ingle, Roadside Environmental David Baker, USACE, Asheville Field Office Transportation Permitting Unit Mike Parker, Asheville Regional Office 090319(Setzer)NCSR 1311 (Buckner Branch Road) MIA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 31, 2009 Mr. Charles R. Summey Town of Forest City PO Box 728 Forest City NC 280430728 Subject: NOTICE OF VIOLATION NOV-2009-LV-0127 Permit No. NCO025984 Forest City WWTP Rutherford County Dear Mr. Summey: A review of Forest City WWTP's monitoring report for December 2008 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Nitrogen, Ammonia Total 12/31/08 10 mg/I 11.5 mg/1 Monthly (as N) Average Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Jeff Menzel 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. If you should have any questions, please do not hesitate to contact Jeff Menzel or me at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Enclosure Cc. WQ Central Files Bob Guerra/Enforcement Files — Jeff Dotson, Plant buperintendentone North Carolina 'Alatti C 11j," North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Rutherford\25984 Forest City WWTP a ®o DENR North Carolina Department of P Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 31, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Greg Taveras Imerys Ceramics PO Box 309 Spruce Pine NC 28777 Subject: NOTICE OF VIOLATION NOV-2009-PC-0305 Compliance Evaluation Inspection Feldspar Spruce Pine Facility Permit No. NC0000353 Mitchell County Dear Mr. Taveras: Enclosed please find a copy of the Inspection Report from the inspection conducted 2009-03-17. Keith Haynes of the Asheville Regional Office conducted the Compliance Evaluation Inspection. The treatment facility was found to be in violation of Permit NC0000353 for the following: inspection Area Compliance Issue Other By-pass of treatment unit Specifically, it was discovered that there had been a pump failure of a pump at the tanks from which Fluoride water is pumped to the 55' clarifier. Part II, Section C 4.c.(1) of the subject NPDES Permit, in part states, "Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass..." Additionally, Section E. Condition 9 _Noncompliance Notification states: "The Permittee shall report by telephone to eiti ier ti ie �%,,nt,CAA, vffi�� yr ti ie appr vpr rate Regivnai Off iic of the Division i as soot i 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 any of the following:: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such a the dumping of the contents of a sludge digester, the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S. Highway 70,Swannanoa,NC 28778 One Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 NorthCarOiina Internet:www ncwatercivality ong ;Vgtul y�Gil& G:\WPDATA\DEMWQ\Mitchell\Feldspar 00353\NOV-2009-PC-0305.doc L L Page Two b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures or pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portions of the influent to such station or facility. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within thirty (30) working day of receipt of this letter. 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 Mr. Haynes at 828/296-4500. Sincerely, a� ,ii , c., t. r�.. 4➢ Roger C. Edwards, Regional Supervisor Surface Water Protection Attachment cc: Timothy W Calloway, w/ attachment Jerry Prosser, w/ attach. WQ Central Files w/ attachment Enforcement w/ attachment United States Environmental Protection Agency EP® Washington,D.C.20460 Form Approved. ® ® OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 11 NC0000353 111 121 09/03/17 117 181 CI 191 SI 20I II Remarks 21LIIIIIIIIIIIIIIIIIIIIIIII1111111111111111111I116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67I 169 701 I 711 I 721 NI 73I I 174 75L I I I I I I 180 Section B: Facility Data [Npam,-Va.nd Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date OT name and NPDES permit Number) ruc Pine facility 10:00 AM 09/03/17 06/10/01 530 Altapass Rd Exit Time/Date Permit Expiration Date Spruce Pine NC 26777 11:30 AM 09/03/17 11/02/28 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Timothy Calloway/// Timothy W Calloway/ORC/828-765-5974/ Name,Address of Responsible OfficiaVritle/Phone and Fax Number Co David E Marek,PO Box 99 Spruce Pine NC 28777//828-765-5500/82876621 0aCted Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit N Flow Measurement Operations&Maintenance Records/Reports Self-Monitoring Program E Facility Site Review Effluent/Receiving Waters Other Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessar (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ Keith Haynes / "� � ARO WQ//828-296-4500/ . `5 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ry/ ARO WQ//828-296-4500/ -3 t7 / 6j,C' EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 1 NPDES yr/mo/day Inspection Type 3) NC0000353 I11 12I 09/03/17 I17 18IcI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The discharge appeared to be of good quality during this inspection. No problems were noted with any of the treatment units. A review of the operator's log revealed it to be somewhat inadequate. There was no he was the receptive by-pass to thech idea of inclu at the ding g more n his log. A on March 2, rson noted was the failure This was d with the ORC to contact WQ and regarding the by-pass. Page# 2 Permit: NC0000353 Owner-Facility: Spruce Pine facility Inspection Date: 03/17/2009 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 IN ❑ (sl 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? n ❑ ® n Is the facility as described in the permit? n n n #Are there any special conditions for the permit? n n ® n Is access to the plant site restricted to the general public? n n n Is the inspector granted access to all areas for inspection? ❑ n Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? n n ® n Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ n n Are weirs level? n n n Is the site free of weir blockage? n n n Is the site free of evidence of short-circuiting? n ❑ n Is scum removal adequate? n n Is the site free of excessive floating sludge? n n n Is the drive unit operational? n n ❑ Is the return rate acceptable(low turbulence)? ❑ Is the overflow clear of excessive solids/pin floc? ® n ❑ n Is the sludge blanket level acceptable?(Approximately '/4 of the sidewall depth) ❑ ❑ 0 Comment: There are four clarifiers on site: JJ' - used for emergency purposes only 40' - in operation ECAT- in use 55'- in use Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? MOOD Are the receiving water free of foam other than trace amounts and other debris? M n '—tf$ffillE�a�p�c_�Ia tarn iirorJl arc they operating properly? ® IF] 171 I 1 Page# 3 Permit: NC0000353 Owner Facility: Spruce Pine facility Inspection Date: 03/17/2009 Inspection Type: Compliance Evaluation Yes No NA NE Effluent Pipe Comment: Yes No NA NE Flow Measurement-Effluent - -NA -- ® nnn #Is flow meter used for reporting? ■ nnn Is flow meter calibrated annually? ■ nnn Is the flow meter operational? (If units are separated)Does the chart recorder match the flow meter? ■ nnn Comment: Yes No NA NE Effluent Sampling ■ nnn Is composite sampling flow proportional? ® nnn Is sample collected below all treatment units? ® ❑ ❑ n Is proper volume collected? ® ❑ 0 El Is the tubing clean? #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? nnn Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ® n n n !' , Comment: Yes No NA NE Other Comment: On or about March 2, 2009 there was a spill of Fluoride water from the floatation unit. The pump which pumps the water to the 55" clarifier failed. This allowed untreated waste to be discharged onto the ground and into the receiving stream. There was no record of the flow amount or the duration of the spill in the operator's log nor was DWQ contacted regarding the spill Page# 4 1 ®� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary March 31, 2009 Mr. Keith Ward Public Works Superintendent Town of Rutherfordton 129 North Main Street Rutherfordton, North Carolina 28139 Subject: Compliance Evaluation Inspection Town of Rutherfordton Wastewater Collection System Permit Number WQCS00127 Dear Mr. Ward: Rutherford County Attached herewith is the report resulting from my March 26, 2009 Collection System Compliance Evaluation Inspection in which I evaluated the operation and maintenance of the Town of Rutherfordton's wastewater collection system. I determined the Town of Rutherfordton to be doing a good job of operating and maintaining its collection system. Please ask Sam Rhodes to give me a call when he has added pump station capacity to the Town's GIS collection system map. Pump station inspection logs need to be modified by the addition of space to record exercising of valves, wet well cleaning, inspection and lubrication of pumps and inspection of alarm systems. You can use the sample page as a basis for the new pump station inspection logs. Please send me a copy of a page from the Town's new log. I E-mailed you a sample of a collection system Annual Report for your use. As quickly as possible please send me a signed collection system Annual Report for the Town of Rutherfordton. SURFACE Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 i v Qj"ChCar01111a Phone:828-296-45001 FAX:828-299-7043 1 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Should you wish to discuss any aspect of this inspection, I encourage you to call me at (828) 296-4659. Sincerely, 11 Roy M. vis Environmental Engineer Xc: PERCS Unit Surface Water Protection Section Central Files �J G:\WPDATA\DEMWQ\Rutherford\Rutherfordton Collection System\lnspection Cover Letter.09.doc Compliance Inspection Report Permit: WQCS00127 Effective: 10/06/08 Expiration: 09/30/13 Owner: Town of Rutherfordton SOC: Effective: Expiration: Facility: Rutherfordton Collection System County: Rutherford 129 N Main St Region: Asheville Rutherfordton NC 28139 Contact Person: Karen E Andrews Title: Phone:828-287-3520 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: NC0025909 Town of Rutherfordton-Rutherfordton WWTP Inspection Date: 03/26/2009 Entry Time: 09:00 AM Exit Time: 12:00 PM Primary Inspector: Roy M Davis Phone: 828-296-4500 Secondary Inspector(s): Ext.4659 Reason for Inspection: Routine Inspection Type:Compliance Evaluation Permit Inspection Type: Collection system management and operation Facility Status: ® Compliant 0 Not Compliant Question Areas: Miscellaneous Questions N Performance Standards Operation&Maint Reqmts Records Monitoring& Rpting N inspections Regmts Pump Station Manhole Lines (See attachment summary) Page: 1 Permit:WQCS00127 owner-Facility:Town of Rutherfordton Inspection Date:03/26/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine Inspection Summary: The Town of Rutherfordton is doing a good job of maintaining and operating its wastewater collection system. The Town needs to modify its pump station inspection logs, add pump station pumping capacity to its collection system map and produce an Annual Collection System Report. Page: 2 Permit:WQCS00127 Owner-Facility: Town of Rutherfordton Inspection Date: 03/26/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? 0 0 f1 0 What educational tools are used? Brocures left at every house. Is Sewer Use Ordinance/Legal Authority available? ® ❑ Q Does it appear that the Sewer Use Ordinance is enforced? 0 n El Is Grease Trap Ordinance available? 0 ❑ (_I Is Septic Tank Ordinance available(as applicable, i.e. annexation) (1 n n List enforcement actions by permittee, if any, in the last 12 months Has an acceptable Capital Improvement Plan (CIP)been implemented? f3 [j 0 Does CIP address short term needs and long term\"master plan\"concepts? i ❑ Does CIP cover three to five year period? ❑ 0 0 Does CIP include Goal Statement? Q n Does CIP include description of project area? n ❑ rl Does CIP include description of existing facilities? 0 ❑ 0 ❑ Does CIP include known deficiencies? M0 fl Does CIP include forecasted future needs? ❑ Q Is CIP designated only for wastewater collection and treatment? Q D 0 Approximate capital improvement budget for collection system? $370,000.00 Total annual revenue for wastewater collection and treatment? $599,870.00 CIP Comments Is system free of known points of bypass? n If no, describe type of bypass and location NA Is a 24-hour notification sign posted at ALL pump stations? 0 #Does the sign include: Instructions for notification? n Q n Pump station identifier? ® r1 24-hour contact numbers 0 0 n If no, list deficient pump stations NA Page: 3 Permit:WQCS00127 owner-Facility:Town of Rutherfordton Inspection Date: 03126/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine n ■ nn #Do ALL pump stations have an"auto polling"feature/SCADA? 4 Number of pump stations 0 Number of pump stations that have SCADA 1 Number of pump stations that have simple telemetry 3 Number of pump stations that have only audible and visual alarms 0 Number of pump stations that do not meet permit requirements n ■ nn #Does the permittee have a root control program? #If yes, date implemented? Describe: Town plans to start employing chemical root control in the near future. Comment: Yes No NA NE Inspections ■ nnn Are maintenance records for sewer lines available? ■ nnn Are records available that document pump station inspections? Are SCADA or telemetry equipped pump stations inspected at least once a week? ■ nnn Are non-SCADA/telemetry equipped pump stations inspected every day? ■ nnn ® nnn Are records available that document citizen complaints? ■ nnn #Do you have a system to conduct an annual observation of entire system? ■ nnn #Has there been an observation of remote areas in the last year? Are records available that document inspections of high-priority lines? ■ nnn Has there been visual inspections of high-priority lines in last six months? ■ nnn Comment: Yes No NA NE Operation & Maintenance Requirements ■ nnn Are all log books available? ® M n n Does supervisor review all log books on a regular basis? Does the supervisor have plans to address documented short-term problem areas? nn ® n - What is the schedule for reviewing inspection,maintenance,&operations logs and problem areas? As needed. ■ nnn Are maintenance records for equipment available? Is a schedule maintained for testing emergency/standby equipment? ■ nnn Weekly-generator. � What is the schedule for testing emergency/standby equipment? Page: 4 Permit:VVQCS00127 Owner-Facility: Town of Rutherfordton Inspection Date: 03/26/2009 Inspection Type:Compliance Evaluation Reason for Visit: Routine Do pump station logs include: Inside and outside cleaning and debris removal? In ® n n Inspecting and exercising all valves? n moo Inspecting and lubricating pumps and other equipment? n n n Inspecting alarms, telemetry and auxiliary equipment? n ® ❑ n Is there at least one spare pump for each pump station w/o pump reliability? 0 n 0 n Are maintenance records for right-of-ways available? n n n Are right-of-ways currently accessible in the event of an emergency? ® 0 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? Entire system cleaned annually. Is a Spill Response Action Plan available? ® n n n Does the plan include: 24-hour contact numbers ® n n n Response time ® nnn 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 0 n Source of emergency funds nnn 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 n Comment: Records Yes No NA NE Are adequate records of all SSOs,spills and complaints available? n n n Are records of SSOs that are under the reportable threshold available? ® n n n Do spill records indicate repeated overflows(2 or more in 12 months)at same location? n If yes, is there a corrective action plan? n n ® n t Is a map of the system available? 0 Page: 5 Permit:WQCS00127 owner-Facility:Town of Rutherfordton Inspection Date: 03/26/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine Does the map include: ■ ❑ ❑ ❑ Pipe sizes ■ ❑ ❑ ❑ Pipe materials ■ ❑ ❑ ❑ Pipe location ■ ❑ ❑ ❑ Flow direction n ■ ❑ ❑ Approximate pipe age Number of service taps ❑ ■ n ❑ Pump stations and capacity 99 If no,what percent is complete? List any modifications and extensions that need to be added to the map Pump station capacity. ■ ❑ ❑ ❑ #Does the permittee have a copy of their permit? Comment: Yes No NA NE Monitoring and Reporting Requirements Are copies of required press releases and distribution lists available? i— Are public notices and proof of publication available? ❑ ❑ ® n / ❑ ❑ ❑ #Is an annual report being prepared in accordance with G.S. 143-215.1C? #Is permittee compliant with all compliance schedules in the permits? ■ ❑ ❑ ❑ If no,which one(s)? NA Comment: JOHN SMITH ROAD -John Smith Road Yes No NA NE_ Pump Station Duplex Pump station type ■ ❑ ❑ ❑ Are pump station logs available? ■ ❑ ❑ ❑ Is it accessible in all weather conditions? ❑ ❑ ❑ #Is general housekeeping acceptable? ■ ❑ ❑ ❑ Are all pumps present? C3 Cl Are all pumps operable? ❑ ❑ n ■ Are wet wells free of excessive debris? ■ ❑ ❑ ❑ Are upstream manholes free of excessive debris/signs of overflow? Page: 6 Permit:WQCS00127 Owner-Facility: Town of Rutherfordton Inspection Date: 03/26/2009 Inspection Type:Compliance Evaluation Reason for Visit: Routine 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? 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 n Are backflow,devices operable? ® n n n Are air relief valves in place? n In n Are air relief valves operable? n n n # Is an emergency generator available? n ® n n Can the emergency generator run the pumps? n n ® n Is the pump station equipped for quick hook-up? ® n n n Is the generator operable? n n ® n #Is fuel in tank and sufficient? n n ® n Is the generator inspected according to their schedule? n ❑ n Is a 24-hour notification sign posted? ® n n n Does it include: Instructions for notification? n n n Pump station identifier? ® n n n Emergency phone number ® n n n is Nuviw awcaa limited? Is pump station free of overflow piping? n n n Is the pump station free of signs of overflow? n n n Are run times comparable for multiple pumps? NE Comment: Good station. Page: 7 ! "FN-R North Carolina Department of Environment and Natural Resources Division of Water Quality 'Beverly haves Perdue Caleen H, Sullins Governor Dee Freeman Director Secretary March 31, 2009 James and Joan Croft Post Office Box 963 Glen Alpine, North Carolina 28628 Subject: 401 Water Quality Certification - Approval Croft Shoreline Stabilization and Boat Ramp DWQ Project # 20090177 Burke County CTB30 / Lake James/ 11-(8)/Class C Dear Mr. and Ms. Croft: The DWQ has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 82 linear feet of shoreline for the purpose of noreline stabilization and water access at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE General Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control and Catawba Buffer regulations. 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 82 (linear feet) Stabilization Waters 600 (square ft.) Habitat Enhancement (rip-rap) ra — ( �p- p) Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 One t, Internet:www.ncwaterquality.org Nort�liC/c`tl.rro inc`3 An Equal OPPortunity Affirmative Action Employer Ll !rdll� Croft Shoreline Stabilization and Boat Ramp March 31,2009 Page 2 of 3 Additional Conditions 1. Diffuse Flow (No Review) All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non- erosive velocities through the protected stream buffers such that it will not re-concentrate before discharging into a waters. 2. Burke County Catawba Buffer Ordinance The proposed project must comply with the Burke County local riparian buffer ordinance approved by the Division of Water Quality under the Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers, 15A NCAC 02B .0243(b). 3. Turbidity Standard ed The turbidity standard of 25 NTUs (Nephelo ric and erosdity Units) shl ion control practi�etsbmu t beded as used to meet this in 15 A NCAC 2B. .0200. Appropriate sediment standard. 4. No Sediment and Erosion Control Measures in Wetlands and Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is f unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources or locally delegated program has released the project. 5. Retaining Wall Surface In order to provide aquatic habitat, the exposed wall surface shall be constructed such that a texture is in direct contact with surface waters. 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 l Service Center, Raleigh, N.C. 27699- General Statutes to the Office of Administrative Hearings, 6714 Mai 6714. This certification and its conditions are final and binding unless you ask for a hearing. �abilization and Boat Ramp ,9 nis 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 28-296-4657. Sincerely, Ao /edt Coleen H. Sullins, Director CHS/khb Eric: GC3693 Certificate of Completion cc: USACE Asheville Regulatory Field Office 401 Permitting Unit—Central Office File Copy G:\WPDATA\DEMWQ\Burke\401 s\09-0177.Craft.ShorelineStabi1.approval.doe