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DWR Read File Archive Apr 2010
NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION April 1, 2010 Mr. Tony Konsul, Regional Manager Utilities Inc. PO Box 240908 Charlotte, NC 28224-0908 SUBJECT: Compliance Evaluation Inspection Wolf Laurel WWTP Permit No: NCO076431 Madison County Dear Mr. Konsul: ' Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on March 24, 2010. The facility was found to be in compliance with permit NC0076431.: Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296 46o 2. Sincerely, / P Wanda P. Frazier Environmental Specialist Enclosure cc: Central Files Asheville Files s:\sWP\Madison\Wastewater\Minors\Wolf Laurel (Utilities Inc.)76431\CE1.3-24-10.doc SURFACE WATER PROTECTION-ASHEVILLE REGIONAL OFFICE oNrthCarol/in� Location:2090 U.S. Highway 70,Swannanoa, NC 28778 oq Carol Phone: (828)296-4500\FAX: 828 299-7043\customer Service: 1-877-623-6748 Internet:www ncwatergualib orq �A Permit: NCO076431 Owner-Facility: Wolf Laurel WWTP Inspection Date: 03/24/2010 Inspection Type: Compliance Evaluation Disinfection-Tablet Yes No NA NE \ Is the contact chamber free of growth,or sludge buildup? ■ ❑ ❑ ❑ Is there chlorine residual prior to de-chlorination? ■ n Cl n Comment.- De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? n fl ■ ❑ Is storage appropriate for cylinders? n n ■ ❑ #Is de-chlorination substance stored away from chlorine containers? ❑ n ■ n Comment: Are the tablets the proper size and type? ■ 0 n f_1 Are tablet de-chlorinators operational? ■ ❑ ❑ n Number of tubes in use? 4 Comment: Standby Power Yes No NA NE Is automatically activated standby power available? ❑ ■ n fl Is the generator tested by interrupting primary power source? ■ ❑ ❑ ❑ Is the generator tested under load? ■ n ❑ n Was generator tested&operational during the inspection? n ■ ❑ n Do the generator(s)have adequate capacity to operate the entire wastewater site? ■ n n n Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ ❑ ❑ ❑ Is the generator fuel level monitored? ■ ❑ ❑ n Comment: The portable generator was not accessible, due to pumping the clarifier. An independent contractor services the generator every 6 months. Buckner Oil Company is the diesel fuel supplier. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ Cl ❑ ❑ 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? ❑ n ■ ❑ Comment: Page# 6 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 5, 2010 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 25, 2010 I 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. Please continue to ensure that all sediment and erosion control structures are maintained and 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, _ Michael R. Parker Environmental Senior Specialist Attachment cc: Randy McKinney, PE Roger Bryan, Division 13,DEO Ed Ingle, Roadside Environmental Transportation Permitting Unit Mike Parker, Asheville Regional Office SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 One Customer Service:1-877-623.6748 NorthCarolina Internet:www.ncwateguality.org �/ V'J L `j a tra y An Equal Opportunity 1 Affirmative Action Employer DWQ Site Visits for DOT Proiects Field Sheet DWQ representative:I Michael R. Parker Date: March 25,2010 County: rBurrilcombe Region: Asheville DOT Division: I Division 13 -� Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #: W No. 3706 NW Permit#-.E_�::= IP#: E::::= Project Name: Improvements to US Highway 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 Ouality Concerns(DWO): 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 ❑ Zone 1 Est Acres E= ❑ Zone 2 Est Acres F7= 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): 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 XF-]Non-Isolated(Waters of US) Stream Class: ❑Class B ❑303d Listed XE]WS-I1 ❑WS-V ❑SB XOClass C ❑ORW XOTrout ❑WS-III ❑NSW XE]HQW ❑WS-I ❑WS-1V ❑SA ❑CA Type of Authorized Impact: XOCulvert ❑Bottomless Culvert XnBridge ❑Bottomless Arch XE]Riprap Inlet/Outlet Stabilization XOFill Authorized Wetland Impacts: ❑0— 1/10`h acre X01/11`h to 1/3`d acre X01/3rd to 1.0 acre ❑> 1.0 acre Authorized Stream Impacts: ❑< 150 linear feet XD> 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. Compliance Issues Identified: ❑Yes ❑No 1.Heavy grading and construction work continues along the entire length of the project. 2.Construction work includes bridge construction, culvert extension,fill and borrow. 3.All sediment and erosion control basins should be inspected and cleaned out. All silt fences should inspected and checked for proper operation. All high visibility fencing should be checked for proper installation. 4.Sediment and fill dirt that has accumulated around the temporary haul bridge in Madison County should be removed from areas around the bridge to prevent sediment from entering the stream. 5.All bare soil areas(both sides)that are open for more than 21 days should be temporary seeded. 6.Please continue to ensure that all sediment and erosion control devices are maintained and working properly. 7.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. 8. 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 2010 Inspection US Hwy. 19/19E NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 5, 2010 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 26,2010, 1 inspected the construction work on Interstate 26-NC Highway 146 project(Long Shoals Road)in Buncombe County. Construction work on the I-26 and Long Shoals Road bridges are continuing with most of the bridge work completed. Contractors are now working on the new I-26 on and off ramps. 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, Michael R. Parker Environmental Senior Specialist Attachment cc: Cole Hood, PE Roger Bryan, Division 13, DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker, Asheville Regional Office (Swain)Interstate 26-NC 146 inspection Letter March 2010 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 NorthCarolina Internet:www.ncwaterouality.oro ']f1�a,urallT� An Equal Opportunity 1 Affirmative Action Employer (/ ►� L L f� �y/�,. /.___ DWQ Site Visits for DOT Proiects Field Sheet DWQ representative: Michael R. Parker Date: March 26,2010 County: Buncombe -� Region: Asheville DOT Division: Division 13 -� Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #: 07-0124V.5 NW Permit#: IP# Project Name: NC Highway 146 Widening Location of Project: NC Highway 146 Long Shoals Road From west of NCSR 2501 to east of I-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 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: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact I 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-11 ❑WS-V ❑SB X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW ❑HQW ❑WS-I ❑WS-IV RSA 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/ & acre X❑1/l ld'to 1/3`d acre X❑1/3 rd to 1.0 acre ❑> 1.0 acre Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet Additional comments: 0.3 8 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. Bridge Work is almost complete. Work is now underway on I-26 on and off ramps. The area parallel to NC 146 west of Ledbetter road should be seeded and mulched. Also,any areas or drop Wets in the median and under the new 1-26 bridges should be maintained to prevent sediment loss. Continue to maintain erosion control devices and continue with seeding and matting as required. All track on material, especially along the on and off ramps should be removed by sweeping. 1-26-NC 146 March 2010 Inspection Report ; RMENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen K Sullins Dee Freeman Governor Director Secretary April 5, 2010 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 25 Biltmore Bridge TIP No. B-2515 Buncombe County Dear Mr. Swain: On March 19,2010, I inspected the construction work on US 25-Biltmore Bridge in Buncombe County. The bridge construction work is almost complete. 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, .12 Michael R.Parker Environmental Senior Specialist Attachment cc: Cole Hood, PE Roger Bryan, Division 13, DEO Ed Ingle, Roadside Environmental Transportation Permitting Unit Mike Parker, Asheville Regional Office (Swain)US Highway 25 TIP No.2515 Inspection Letter March 2010 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 NOrthCarolina Internet:www ncwatergualitv.org /lYt1f NR"�/ An Equal opportunity 1 Affirmative Action Employer DWQ Site Visits for DOT Projects Field Sheet DWQ representative: Michael R.Parker Date: r March 19,2010 County: FBuncombe Region: Asheville DOT Division: Division 13 Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #: NW Permit#: 23 and 33�� IP#: Project Name: TIP No.2515 Bridge No.39 over Swannanoa River Location of Project: US Highway 25 approximately 1 mile north of the intersection of US Highway 25 and Interstate 40 in Buncombe County. Project Complete: X❑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 ❑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 f ac Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation —]Prohibited DWO Site Visits for DOT Projects Background Info Name of Waterway(s): Swannanoa River Basin/Subbasin: FBR 040302 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-III ❑NSW ❑HQW ❑WS-I ❑WS-IV ❑SA ❑CA Type of Authorized Impact: ❑Culvert ❑Bottomless Culvert X❑Bridge ❑Bottomless Arch X❑Riprap Inlet/Outlet Stabilization ❑Fill Authorized Wetland Impacts: Flo_ 1/101h acre ❑1/l lt'to 1/3`d acre ❑1/3rdto 1.0 acre ❑> 1.0 acre Authorized Stream Impacts: ❑< 150 linear feet ❑> 150 linear feet Demolition of the old bridge is complete and the new bridge is almost complete. 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. US Highway 25 Bridge No.39 TIP Project No.2515 March 2010 Inspection Report NMENR North Carolina Department of Environment and Natural Resources Division of Water Quality ieverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 5, 2010 Robert Wilkins JR Lex, LLC 955 Old Cherokee Rd Lexington, SC 29072 SUBJECT: NPDES Construction Stormwater Permit Compliance Inspection Dollar General-Saluda Permit No: NCG010000 Polk County Dear Mr. Wilkins: A NPDES Construction Stormwater Permit(NCGO10000) Compliance Inspection was conducted on March 25, 2010 at the Dollar General construction site in Saluda Polk County NC. Present during the inspection were Wally Pace and Chris Bishop with Bulls Eye Grading and Matt -- Matthews with Division of Water Quality. Grading had begun within the previous week at the site. A Construction Stormwater Permit (NCGO10000) is issued upon the approval of an Erosion and Sedimentation Control Plan for sites greater than one acre. NCG010000 permit requirements for monitoring and reporting had not been performed onsite at the time of the inspection. In order for the site to maintain compliance with the NCGO10000 permit at a minimum the following items need to take place: • An approved Erosion Control Plan (Plan) must be onsite. • This Plan must be followed. • Operating and maintaining erosion control measures to their optimum efficiency. • Recording rainfall events. • Recording and inspecting erosion control devices and stormwater discharge outfalls. • 24-hour reporting of non-compliance. As noted above, the required monitoring and reporting had not yet been performed. Also noted was grading had just begun. Please submit the required monitoring forms to me for month of April to indicate compliance with NCG010000. These forms can be submitted weekly by mail, fax or email. My mailing address and fax number are noted in the footnote below and my email is Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-2964500\FAX:828-299-7043\Customer Service:1-877-623-6748 NorthCarolina Internet:www.ncwaterquality.org Naturallff An Equal Opportunity\Affirmative Action Employer Page Two March 5,2010 Dollar General-Saluda linda.wiggs&ncdenr.gov .. Keep in mind these form are to be signed by the permittee or a designee. Please contact me at (828) 296-4500 or, if I can be of any further assistance. Sincerely, Linda Wiggs Environmental Specialist Surface Water Protection cc: Asheville Files HB Engineering-Mike Ray 720 Old Cherokee Road Lexington, SC 29072 S:\SWP\Polk\Stormwater\NCG01 Construction\DollarGeneral-Saluda\CEI.dollargeneral.march2010.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 SURFACE WATER PROTECTION SECTION April 5, 2010 Mr. Stephen E Shealy She-Can Company PO Box 2805 Asheville, NC 28802 SUBJECT: Compliance Evaluation Inspection Rosewood Mobile Home Park WWTP Permit No: NCO075680 Buncombe County Dear Mr. Shealy : Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on March 25, 2010. The facility was found to be in compliance with permit NC0075680. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, 6 2«� Wanda P. Frazier Environmental Specialist Enclosure cc: Fred Edwards - 64 Web Place; Mills River, NC 28759 Central Files Asheville Files S:\SWP\Buncombe\Wastewater\Minors\Rosewood MHP 75680\CE1.3-25-10.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 NooAhCarolina Phone: (828)296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 ;Vaturallff Internet:www.ncwatergualityorg United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 (N� 2 I5I 31 NCO075680 I11 121 10/03/25 117 18Icl 19ISI 201 Remarks 211 Inspection Work Days Facility Self-Monitoring Evaluation Riling B1 QA ----—----------------Reserved----------------- 67 I 1.0 169 70I 3 I 71 I I 721 NJ 73 L_U 74 751 I I 1 1 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 10/03/25 05/11/01 Rosewood Mobile Home Park Exit Time/Date Permit Expiration Date 2554 Brevard Rd Arden NC 28704 01:00 PM 10/03/25 10/10/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data J. Fred Edwards/ORC/828-232-4574/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Stephen E Shealy,PO Box 2805 Asheville NC No 28802//828-252-2461/8282530130 Section C: Areas Evaluated-During Inspection(Check only those areas evaluated) Permit Operations&Maintenance N Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ �`� Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date /Z el 0 EPA Form�3560-3(RevG9--9-4)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont., 3� NCO075680 11 12� 10/03/25 17 18ICl Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: WWTP: The Rosewood Mobile Home Park wastewater treatment plant is classified as Class II with: 0.020 MGD (0.030 MGD after ATC) extended aeration WWTP with: manual bar screen; aeration basin with blowers providing diffused air; clarifier with sludge return; aerobic digestor; tablet chlorinator with V-notch weir for instantaneous flow measurement; chlorine contact chamber; and tablet dechlorinator. Collection System: The MHP has 50 mobile homes with pvc gravity sewer lines. There are no pump stations. PERMIT/ INSPECTION / LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 4-3-2008 by Janet Cantwell The permit expires on 10-31-2010. Please request a permit renewal 6 months prior to expiration (April 30, 2010). A renewal notice will be mailed as a reminder. The daily operator log was present on-site and had good notation of daily events, process control and field testing data. TREATMENT UNITS/ PROCESS CONTROL TESTING DATA: The activated sludge aeration basin process control data was as follows: Temperature = 11.8 degrees Celsius pH = 7.0 units Dissolved Oxygen = 3.0 mg/I Tip: The ideal level for dissolved oxygen in the aeration basin is generally 1 to 3 mg/I. Seasonal changes in temperature require the adjustment of the aeration timer to achieve ideal dissolved oxygen levels. Settleable Solids = 700 ml/I = 70% The plant was last pumped on December 30, 2009. It is scheduled to be pumped on April 1, 2010. The plant is pumped approximately every 3 months. EFFLUENT: The effluent data was as follows: Page# 2 Permit: NCO075680 owner-Facility: Rosewood Mobile Home Park inspection Date: 03/25/2010 Inspection Type: Compliance Evaluation Temperature = 11.3 degrees.Celsius pH = 7.0 units Dissolved Oxygen = 5.0 mg/I Chlorine = <20 ug/I OPERATIONS AND MAINTENANCE/ EFFLUENT/ SUMMARY: Mr. Fred Edwards, ORC, assisted in the inspection and appears to be operating and maintaining the facility very well. The effluent appeared to be in compliance with permit limits. I met with Mr. Don Anderson, Maintenance Director, to discuss the proposed placement of another mobile home immediately adjacent to the WWTP (within 15 feet). Before this is done, some issues to consider would be: extremely loud noise from the motor blowers that run intermittently, 15 to 45 minutes every hour, 24 hours a day, 7 days a week; construction of a taller security fence; liability issues regarding children living within 15 feet of the WWTP; odor issues associated with normal and occasional upset WWTP operations; and increased pumping of the plant by a contract septage hauler from every 3 months to every other month. SYSTEM PERFORMANCE ANNUAL REPORT: The System Performance Annual Performance Report was received by DWQ for the calendar year 2009 by Mr. Fred Edwards. Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment works' and collection system's performance over a 12 month period. Page# 3 Permit: NCO075680 Owner-Facility: Rosewood Mobile Home Park Inspection Date: 03/25/2010 Inspection Type: Compliance Evaluation \ Permit Yes No NA NE (If the present permit expires in 6 months or Less). Has the permittee submitted a new application? n 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 1=1 0 Is the inspector granted access to all areas for inspection? ■ n n n Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge ■ ❑ 0 ❑ Judge,and other that are applicable? Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical n Are the bars adequately screening debris? ■ n n n Is the screen free of excessive debris? ■ n n n Is disposal of screening in compliance? ■ n 0 n Is the unit in good condition? ■ n n Cl 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 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 Is the DO level acceptable? ■ n n n Is the DO level acceptable?(1.0 to 3.0 mg/I) ■ f_1 n n Page# 4 Permit: NC0075680 Owner-Facility: Rosewood Mobile Home Park inspection Date: 03/25/2010 inspection Type: Compliance Evaluation Yes No NA NE Aeration Basins 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? ■ ❑ ❑ Is the site free of weir blockage? ■ n Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ ❑ ❑ n Is the site free of excessive floating sludge? ■ n Cl Is the drive unit operational? [I 0 ■ Is the return rate acceptable(low turbulence)? ■ ❑ n n Is the overflow clear of excessive solids/pin floc? ■ n Is the sludge blanket level acceptable?(Approximately'/of the sidewall depth) ■ n ❑ ❑ Comment: Yes No NA NE Disinfection-Tablet Are tablet chlorinators operational? ■ ❑ ❑ n Are the tablets the proper size and type? ■ n n In 2 Number of tubes in use? Is the level of chlorine residual acceptable? ■ El D Q Is the contact chamber free of growth, or sludge buildup? ■ ❑ n Is there chlorine residual prior to de-chlorination? ■ n n n Comment: Yes No NA NE De-chlorination Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? 0 ❑ ■ ❑ Is storage appropriate for cylinders? n ❑ ■ n #Is de-chlorination substance stored away from chlorine containers? 0 n ■ 01 Comment: Are the tablets the proper size and type? ■ n ❑ Q Are tablet de-chlorinators operational? ■ Q ❑ n Page# 5 Permit: NC0075680 Owner-Facility: Rosewood Mobile Home Park Inspection Date: 03/25/2010 Inspection Type: Compliance Evaluation A De-chlorination Yes No NA NE Number of tubes in use? 1 Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ ❑ ❑ ❑ Are the receiving water free of foam other than-trace amounts and other debris? ■ 0 ❑ If effluent (diffuser pipes are required) are they operating properly? F_I Fl ■ ❑ Comment: Page# 6 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION April 5, 2010 Mr. Stephen E. Shealy She-Can Company PO Box 2805 Asheville, NC 28802 SUBJECT: Compliance Evaluation Inspection Rosewood Mobile Home Park Wastewater Collection System Permit No: WQCSD0473 Buncombe County Dear Mr. Shealy: Enclosed please find a copy of the Compliance Evaluation Inspection conducted March 25, 2010. The facility was found to be in compliance with the permit. Please refer to the enclosed inspection report for additional observations and commants. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, Wanda P. Frazier 7 Environmental Specialist Enclosure cc: Fred Edwards - 64 Web Place; Mills River, NC 28759 Central Files Asheville Files S:\SWP\Buncombe\Wastewater\Minors\Rosewood MHP 75680\CEI.CoII Syst.3-25-10.doc I SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE NorthCarolina Location:2090 U.S. Highway 70,Swannanoa, NC 28778 rt Carol in Phone: (828)296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 b `[ Internet:www.ncwaterguality.org 4*k Compliance Inspection Report Permit: WQCSD0473 Effective: 08/28/09 Expiration: Owner: She-Can Company SOC: Effective: Expiration: Facility: Rosewood Mobile Home Park 2554 Brevard Rd County: Buncombe Region: Asheville Arden NC 28704 Contact Person: Stephen E Shealy Title: Phone: 828-252-2461 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 03/25/2010 Entry Time: 12:00 PM Exit Time: 01:00 PM Primary Inspector: Wanda P Frazier Phone: Ext.46 6-4500 Ext.4662 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Deemed permitted collection system management and operation Facility Status: R Compliant Q Not Compliant Question Areas: Miscellaneous Questions Performance Standards Operation&Maint Reqmts Records ■Monitoring&Rpting Inspections Lines Reqmts (See attachment summary) Page: 1 Permit:WQCSD0473 Owner-Facility: She-Can Company Inspection Date: 03/25/2010 Inspection Type:Compliance Evaluation Reason for Visit: Routine Yes No NA NE Performance Standards Is Public Education Program for grease established and documented? ® ❑ n ❑ What educational tools are used? Information is distributed to the residents every June&December. Is Sewer Use Ordinance/Legal Authority available? ❑ n ® ❑ Does it appear that the Sewer Use Ordinance is enforced? n n ® n Is Grease Trap Ordinance available? ❑ Cl ■ Is Septic Tank Ordinance available(as applicable, i.e. annexation) ❑ ❑ ■ ❑ List enforcement actions by permittee, if any, in the last 12 months Has an acceptable Capital Improvement Plan(CIP)been implemented? n n ■ n Does CIP address short term needs and long term\"master plant/concepts? n ❑ ■ n Does CIP cover three to five year period? Cl n ■ n Does CIP include Goal Statement? 0 0 ■ Does CIP include description of project area? Q ❑ ■ fl \ Does CIP include description of existing facilities? n El ■ n Does CIP include known deficiencies? ❑ n ■ Q Does CIP include forecasted future needs? Cl n ■ n Is CIP designated only for wastewater collection and treatment? n n ■ n Approximate capital improvement budget for collection system? Total annual revenue for wastewater collection and treatment? CIP Comments Is system free of known points of bypass? ■ (1 n Cl If no, describe type of bypass and location Is a 24-hour notification sign posted at ALL pump stations? ❑ Q ■ ❑ #Does the sign include: Instructions for notification? ❑ ❑ ■ n Pump station identifier? n n ■ ❑ 24-hour contact numbers ❑ ❑ ■ n If no, list deficient pump stations There are no pump stations. Page: 3 Permit:WQCSD0473 Owner-Facility: She-Can Company Inspection Date: 03/25/2010 Inspection Type: Compliance Evaluation Reason for Visit: Routine Do pump station logs include: Inside and outside cleaning and debris removal? n n ■ n Inspecting and exercising all valves? n ❑ ■ n Inspecting and lubricating pumps and other equipment? nn ■ n Inspecting alarms,telemetry and auxiliary equipment? nn ■ n Is there at least one spare pump for each pump station w/o pump reliability? n n ■ n Are maintenance records for right-of-ways available? n n ■ n Are right-of-ways currently accessible in the event of an emergency? nn ■ n nnn ■ Are system cleaning records available? Has at least 10%of system been cleaned annually? n n n ■ What areas are scheduled for cleaning in the next 12 months? ■ nnn Is a Spill Response Action Plan available? Does the plan include: ■ nnn 24-hour contact numbers Response time ■ Cl n n Equipment list and spare parts inventory. Cl ❑ ■ n nn ■ n Access to cleaning equipment Access to construction crews,contractors, and/or engineers ■ n Cl ❑ Source of emergency funds ❑ n ■ n Site sanitation and cleanup materials ■ ❑ n ■ nnn Post-overflow/spill assessment Is a Spill Response Action Plan available for all personnel? nn ■ n Is the spare parts inventory adequate? n n ■ Comment: Yes No NA NE Records Are adequate records of all SSOs,spills and complaints available? nn ■ n Are records of SSOs that are under the reportable threshold available? n Cl ■ 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? ■ nnn Is a map of the system available? 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 SURFACE WATER PROTECTION SECTION April 5, 2010 Mr. James E. Jones PO Box 2001 Mars Hill, NC 28754 SUBJECT: Compliance Evaluation Inspection English Wolf Inn WWTP DBA: Wolf Laurel Inn Permit No: NCO082716 Madison County Dear Mr. Jones: Enclosed please find a copy of the Compliance Evaluation Inspection conducted March 24, 2010. The facility was found to be in compliance with permit NC0082716. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: Mike Ladd, Earth Env. Central Files Asheville Files S:\SWP\Madison\Wastewater\Minors\English Wolf Inn (Wolf Laurel) 82716\CEI.3-24-10.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S. Highway 70,Swannanoa, NC 28778 NorthCarolina Phone: (828)296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 )Vaturally Internet:www.ncwateraualitv.org 5v - United States Environmental Protection Agency Form Approved. 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 I NI 2 15I 31 N00082716 Ill 121 10/03/24 117 181 CI 19I si 20I I Remarks 211 1 1 1 I I I I I I I I I I I I I I I I I I I I I III I I I I 1 1 1 1 -1—L I I I I I I I I I6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QP --------------Reserved-- - ------- 671 1.0 169 70I 3 I 71 I I 72I N I 73'WI '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) 05/10/01 02:15 PM 10/03/24 English Wolf Lodge- WWTP Exit Time/Date Permit Expiration Date Puncheon Fork Rd Mars Hill NC 28754 02.45 PM 10/03/24 10/09/30 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Randy A Joseph/ORC/828-622-7550/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted James E Jones, /// No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance 0 Records/Reports Facility Site Review EfFluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date - t ��: ► EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 Permit: NCO082716 Owner-Facility: English Wolf Lodge-WWTP Inspection Date: 03/24/2010 Inspection Type: Compliance Evaluation Yes No NA NE Permit (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ n n ■ Is the facility as described in the permit? ® n n ❑ #Are there any special conditions for the permit? n ® ❑ ❑ ■ Is access to the plant site restricted to the general public? nnn ■ Is the inspector granted access to all areas for inspection? nnn Comment: Mike Ladd contacted DWQ ARO to inquire about submittal of the permit renewal infomation and indicated that the permittee name would be changed to Mr. Orville English. I met with Mr. English and confirmed this on the day of the inspection. Yes No NA NE Operations & Maintenance ■ nnn Is the plant generally clean with acceptable housekeeping? Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge ■ n n n Judge,and other that are applicable? Comment: Yes No NA NE Bar Screens --- Type of bar screen ■ a.Manual n b.Mechanical Are the bars adequately screening debris? ■ n n n ■ nnn Is the screen free of excessive debris? ■ nn Is disposal of screening in compliance? n Is the unit in good condition? ■ n n Cl Comment: Yes No NA NE Equalization Basins ■ nnn Is the basin aerated? Is the basin free of bypass lines or structures to the natural environment? ■ ❑ n n Is the basin free of excessive grease? ■ n n n ■ nnn Are all pumps present? ■ nnn Are all pumps operable? Are float controls operable? ■ ❑ n n Are audible and visual alarms operable? n n ■ n ■ nnn #Is basin size/volume adequate? Page# 3 Permit: NCO082716 Owner-Facility: English Wolf Lodge-WWTP Inspection Date: 03/24/2010 Inspection Type: Compliance Evaluation Disinfection-Tablet Yes No NA NE Is the contact chamber free of growth, or sludge buildup? ® n ❑ Q Is there chlorine residual prior to de-chlorination? O ❑ ❑ ❑ Comment: De-chlorination Yes No NA NE Tablet Type of system? Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ n [1 Is storage appropriate for cylinders? ❑ ❑ M ❑ #Is de-chlorination substance stored away from chlorine containers? n ❑ 0 Comment: Are the tablets the proper size and type? 0 ❑ 0 Cl Are tablet de-chlorinators operational? ■ ❑ n Q Number of tubes in use? 1 Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? n ❑ 0 If effluent (diffuser pipes are required) are they operating properly? ❑ n 0 Comment: Page# 5 NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION April 5, 2010 Mr. Rick Bussey Scenic Wolf Development LLC 32 Saint Andrews Road Arden, NC 28704 SUBJECT: Compliance Evaluation Inspection Scenic Wolf Mountain WWTP Permit No: NCO088188 Madison County Dear Mr Bussey: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on March 24, 2010. The facility was found to be in compliance with permit NC0088188. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, 2C� Wanda P. Frazier Environmental Specialist Enclosure cc: Central Files Asheville Files S:\SWP\Madison\Wastewater\Minors\Scenic Wolf Mtn 88188\CEI.3-24-10.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE On 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.ncwatergualitV.org Awb%- United States Environmental Protection Agency Form Approved. Washington,D.C.20460 OMB No.2040-0057 EPA 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 I NI 2 151 31 N00088188 111 121 10/03/24 117 181 CI 191 SI 201 I Remarks 211 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 J I I I I I I I I I J—LLU6 ---------Reserved------------- Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------- 80 671 1.0 169 701 31 71 I I 72I N I w 73I I 174 751 I I I 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) 07/12/01 03:00 PM 10/03/24 Scenic Wolf Mountain WWTP Exit Time/Date_ _ Permit Expiration Date. Sr 1502 Puncheon Fork Rd Mars Hill NC 28754 03:30 PM 10/03/24 10/09/30 Name(s)of Onsite Representative(s)/Tities(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Officialffitle/Phone and Fax Number Contacted Rick Bussey,32 Saint Andrews Rd Arden NC No 28704//828-231-1533/8286456133 Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Section D: SummarV of Finding/Comments Attach additional sheets of narrative and checklists as necessa (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date V- pelf 4 LLA EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (Cont." 3I NC0088188 I11 12I 10/03/24 I17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) SITE REVIEW: I met with Orville English and toured the newly completed 3200 feet airport runway. The construction of homes and retail shops has not occurred. There are no facilities at the airport. The WWTP has not been constructed. The proposed location of the WWTP is down the mountain (across from the snowboard run), off of Wolf Laurel Parkway. PERMIT: The permit expires on 9-30-2010. A request for permit renewal is required 6 months prior to expiration (due by March 30, 2010). Please submit a renewal request, if you have not done so. Page# 2 Permit: NC0088188 Owner-Facility: Scenic Wolf Mountain WWTP Inspection Date: 03/24/2010 Inspection Type: Compliance Evaluation Yes No NA NE Permit (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ Is the facility as described in the permit? n ❑ ■ I] #Are there any special conditions for the permit? ❑ ■ ❑ n Is access to the plant site restricted to the general public? nn ■ n Is the inspector granted access to all areas for inspection? [l ❑ ■ Comment: 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 April 5, 2010 Bob Shepherd Town of Columbus PO Box 146 Columbus, NC 28722-0146 SUBJECT: Compliance Evaluation_Inspection Columbus Collection System Permit No: WQCS00140 Polk County Dear Mr.Shepherd: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on March 18, 2010. The facility appeared to be in Compliance with permit NC0021369. 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,A I Jeff Menzel Environmental Specialist Enclosure cc: Robert Rosseter, Utilities Director Central Files Asheville Files /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 NaorthCaro/l/ina Internet:www.ncwaterauality.org S:\SWP\Polk\Collection Systems\Columbus Collection System\WQCS00140 CEI 03-18-�/�'atumlly Permit:WQCS00140 Owner-Facility:Town of Columbus Inspection Date: 03/17/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine Inspection Summary: The Town is doing a very good job of maintaining its sewer collection system, As noted in previous inspection reports the Town would benefit in owning a closed circuit sewer camera to expedite maintenance and ultimately save money. This office supports the Town in trying to acquire grants to upgrade its waste water collection system and would like to offer whatever assistance we may. No violations of permit requirements or applicable regulations were observed during this inspection. Page: 2 Permit:WQCS00140 Owner-Facility:Town of Columbus Inspection Date: 03/17/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? ■ ❑ ❑ ❑ What educational tools are used? Information is available on the Town's website. Is Sewer Use Ordinance/Legal Authority available? ■ ❑ ❑ ❑ Does it appear that the Sewer Use Ordinance is enforced? ■ ❑ ❑ ❑ Is Grease Trap Ordinance available? ■ ❑ ❑ ❑ Is Septic Tank Ordinance available(as applicable, i.e. annexation) ■ ❑ ❑ ❑ List enforcement actions by permittee, if any, in the last 12 months Has an acceptable Capital Improvement Plan(CIP)been implemented? ■ ❑ ❑ ❑ Does CIP address short term needs and long term Vmaster plan\"concepts? ■ ❑ ❑ ❑ Does CIP cover three to five year period? ■ ❑ ❑ ❑ Does CIP include Goal Statement? ■ ❑ ❑ ❑ Does CIP include description of project area? ■ ❑ ❑ ❑ ' Does CIP include description of existing facilities? ■ ❑ 0 ❑ Does CIP include known deficiencies? ■ ❑ ❑ ❑ Does CIP include forecasted future needs? ■ ❑ ❑ ❑ is CIP designated only for wastewater collection and treatment? ❑ ❑ ❑ ■ Approximate capital improvement budget for collection system? Total annual revenue for wastewater collection and treatment? CIP Comments If not doing so already,the Town should appropriate funds on a yearly basis for ongoing sewer line maintenance. Is system free of known points of bypass? ■ ❑ ❑ ❑ If no,describe type of bypass and location Is a 24-hour notification sign posted at ALL pump stations? ■ ❑ ❑ ❑ #Does the sign include: Instructions for notification? ■ ❑ ❑ ❑ Pump station identifier? ■ ❑ ❑ ❑ 24-hour contact numbers ■ ❑ ❑ ❑ If no, list deficient pump stations Page: 3 Permit:WQCS00140 Owner-Facility:Town of Columbus Inspection Date: 03/17/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine #Do ALL pump stations have an"auto polling"feature/SCADA? ❑ ■ ❑ ❑ Number of pump stations 5 Number of pump stations that have SCADA 1 Number of pump stations that have simple telemetry 4 Number of pump stations that have only audible and visual alarms 4 Number of pump stations that do not meet permit requirements 0 #Does the permittee have a root control program? n ❑ ❑ ■ #If yes,date implemented? Describe: Comment: 4 out of the 5 pump stations have generators present for back up power. The generators should be exercised and put under load on a regular basis. Inspections Yes No NA NE Are maintenance records for sewer lines available? ■ ❑ ❑ ❑ Are records available that document pump station inspections? 00130 Are SCADA or telemetry equipped pump stations inspected at least once a week? ■ ❑ ❑ ❑ Are non-SCADA/telemetry equipped pump stations inspected every day? ■ ❑ ❑ ❑ Are records available that document citizen complaints? ■ n ❑ ❑ #Do you have a system to conduct an annual observation of entire system? ■ ❑ ❑ ❑ #Has there been an observation of remote areas in the last year? ■ ❑ ❑ ❑ Are records available that document inspections of high-priority lines? ■ ❑ ❑ ❑ Has there been visual inspections of high-priority lines in last six months? ■ ❑ ❑ ❑ Comment: Routine inspections are being conducted as required by the permit. Operation &Maintenance Requirements Yes No NA NE Are all log books available? ■ ❑ ❑ ❑ Does supervisor review all log books on a regular basis? ■ ❑ ❑ ❑ 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? weekly Are maintenance records for equipment available? ■ n ❑ ❑ Is a schedule maintained for testing emergency/standby equipment? ■ n n n What is the schedule for testing emergency/standby equipment? weekly Page: 4 Permit:WQCS00140 Owner-Facility:Town of Columbus Inspection Date: 03/17/2010 Inspection Type:Compliance Evaluation Reason for Visit: Routine Do pump station logs include: Inside and outside cleaning and debris removal? ■ ❑ ❑ ❑ Inspecting and exercising all valves? ■ ❑ ❑ ❑ Inspecting and lubricating pumps and other equipment? ■ ❑ ❑ ❑ Inspecting alarms,telemetry and auxiliary equipment? ■ ❑ ❑ ❑ Is there at least one spare pump for each pump station w/o pump reliability? ■ ❑ ❑ ❑ Are maintenance records for right-of-ways available? ■ ❑ ❑ 0 Are right-of-ways currently accessible in the event of an emergency? ■ ❑ ❑ ❑ Are system cleaning records available? ■ ❑ ❑ ❑ Has at least 10%of system been cleaned annually? ■ ❑ ❑ ❑ What areas are scheduled for cleaning in the next 12 months? 26%of the system was cleaned in 2009.This system has not had a sewer overflow in the last 12 months. Is a Spill Response Action Plan available? ■ ❑ ❑ ❑ Does the plan include: 24-hour contact numbers ■ ❑ ❑ ❑ Response time ■ ❑ ❑ ❑ Equipment list and spare parts inventory ■ ❑ ❑ ❑ Access to cleaning equipment ■ ❑ ❑ ❑ Access to construction crews, contractors, and/or engineers ■ ❑ ❑ ❑ Source of emergency funds ❑ ❑ ❑ ■ Site sanitation and cleanup materials ■ ❑ ❑ ❑ Post-overflow/spill assessment ■ ❑ ❑ ❑ Is a Spill Response Action Plan available for all personnel? ■ ❑ ❑ ❑ Is the spare parts inventory adequate? ■ ❑ ❑ ❑ Comment: Records Yes No NA NE Are adequate records of all SSOs,spills and complaints available? ■ ❑ ❑ ❑ Are records of SSOs that are under the reportable threshold available? ■ ❑ ❑ ❑ Do spill records indicate repeated overflows(2 or more in 12 months)at same location? Cl ❑ ■ ❑ If yes, is there a corrective action plan? ❑ ❑ ■ ❑ Is a map of the system available? ■ ❑ ❑ ❑ Page: 5 Permit:WQCS00140 Owner-Facility:Town of Columbus Inspection Date: 03/17/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine Does the map include: Pipe sizes ■ n n n Pipe materials ■ (_1 n n Pipe location ■ n Flow direction ■ ❑ n n Approximate pipe age ■ n ❑ n Number of service taps ■ ❑ n Pump stations and capacity ■ n n n If no,what percent is complete? List any modifications and extensions that need to be added to the map The Town of Columbus has a very good sewer map, #Does the permittee have a copy of their permit? ■ n n n Comment: Monitoring and Reporting Requirements Yes No NA NE Are copies of required press releases and distribution lists available? ■ n Q n Are public notices and proof of publication available? ■ 0 ❑ n #Is an annual report being prepared in accordance with G.S. 143-215.1C? ■ n 00 #Is permittee compliant with all compliance schedules in the permits? ■ n 00 If no,which one(s)? Comment: Page: 6 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director Dee Freeman Secretary April 6, 2010 Roy J. and Brenda Young 627 Walker Branch Road Mars Hill,NC 28754 Subject: 401 Water Quality Certification -Approval Highway 19 Project/Young Residence DWQ Project# 09-1334 Madison County FRB04 /UT Middle Fork Little Ivy Creek/ 6-96-10-1 / WS-II, HQW Dear Mr. and Mrs. Young: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. approval has been granted to place fill within or otherwise impact 140 feet of streams for the purpose of a " driveway to access the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3705. This Certification allows you to use Nationwide Permit 39 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to) Erosion and Sediment Control and Madison County watershed 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 140 (feet) application Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-29645001 FAX:828-299-70431 Customer Service:1-877-623-6748 NorthCarolina Internet:www.nGwaterqualiV.org naturally An Equal Opportunity 4 Affirmative Action Employer Mr.and Mrs.Young April 6,2010 Page 2 of 3 Additional Conditions 1. Impervious Surface Threshold The impervious surface threshold for HQW (High Quality Waters) is 12%. The impervious surface requirement for WS-II is also 12%. You have not indicated an impervious surface area for your project on the PCN Application received December 21, 2009 (or in the additional information you submitted dated February 11, 2010). Within 30 days of approval of this 401 certification,you must submit the percent impervious area for your project(the impervious area includes any areas with gravel as well as any buildings or paved surfaces). You are reminded that if you have or will exceed the 12% impervious surface for the affected drainage area, you will be required to develop, submit for DWQ approval, and implement a Stormwater Management Plan. 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 8 5% TSS according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. 2. Vegetative Buffer A 30 foot wide vegetated buffer from an HQW stream is required, per 15A NCAC 02H .1006 (2)(c). All impervious surfaces must be at least 30 feet from the HQW classified stream and protective fencing is recommended. 3. Diffuse Flow There should be no direct discharge of concentrated stormwater. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Susan A. Wilson in the Asheville Regional Office at 828-296-4665. Sincerely, Coleen H. Sullins, Director CHS/saw Enc: GC3705 Certificate of Completion cc: USACE Asheville Regulatory Field Office, David Baker 401 Permitting Unit Central Office Julie Ventaloro,NPSCU Madison County Planning, Ryan Cody ARO File Copy S:\SWP\Madison\401s\Non-DOT\Young,Roy Property-Highway 19 project\APRVL.Hwy 19 Young prop.04 2010.doc �T;� IMA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION April 6, 2010 Mr. Parks Banks PO Box 901206 Homestead, FL 33090 SUBJECT: Compliance Evaluation Inspection Ridgeview Acres MHP WWTP Permit No: NCO060283 Buncombe County Dear Mr. Banks: Enclosed please find a copy of the Compliance Evaluation Inspection conducted March 25, 2010. The effluent was found to be in compliance with permit NC0060283. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: Trevor McMinn, ORC Central Files Asheville Files S:\SWP\Buncombe\Wastewater\Minors\Ridgeview Acres MHP 60283\CE1.3-25-10.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 NorthCarohna Phone: (828)296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 Natural& Internet:www.newaterguality.org d United States Environmental Protection Agency Washington,D.C.20460 Form Approved. EPA 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 2 151 31 N00060283 111 121 10/03/25 117 181 C' 191 SI 201 1 Remarks 2111111111 11111111 1111 1111 1111 1111 1111 1111 11111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------Reserved--- -----—- 671 1.0 169 701 31 711 I 721 N I 73 LJJ 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) 10:00 AM 10/03/25 05/11/01 Ridgeview,Acres Mobile Home Park Dryman Mtn Rd Exit Time/Date Permit Expiration Date Asheville NC 28806 11:30 AM 10/03/25 10/10/31 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 -ti Trevor Clyde McMinn,2020 Howard Gap Rd Hendersonville NC Contacted 287929238//828-696-8971/8266968971 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Operations&Maintenance 0 Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ 2C4 IF l a Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date �e7 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont 3I NCO060283 I11 12� 10/03/25 I17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The Ridgeview Acres Mobile Home Park WWTP is classified as a Class I system that is permitted for 0.0078 MGD. It consists of 15 separate septic tanks &dual subsurface sand filter systems (one septic tank and two stone, gravel and filter sand filtration trenches for every two mobile homes); tablet chlorinator(located under the black metal cover at the first mailbox on the right); chlorine contact chamber(located under the street); and dechlorination tablets located at the step cascade re-aeration. Engineering drawings by Ken Pankow(rev. 8122/85)were submitted for reference. The engineering plan's lot numbers (1-30) do not correspond to the house numbers, which are the newer 911 numbering system. The sign at the MHP entrance indicates the lower lots to be numbers 25-45 (total of 30). This sign should probably be removed to prevent confusion. The 24 mobile homes on the upper level have individual septic tanks/conventional systems. Collection System: Consists of 4-inch pvc gravity sewer lines which run from the mobile homes to septic the individual septic tanks. There are no pump stations or force mains. PERMIT/ INSPECTION/LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 6-24-2008 by Janet Cantwell The permit expires on 10-31-2010. Please request a permit renewal 6 months prior to expiration (by April 30, 2010). A renewal notice will be mailed as a reminder. - OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY: Maintenance and repairs were made to some of the septic tanks &subsurface sand filters during the week of 3-22-10. Two blockages were located and unstopped in the individual systems. In addition, two French drains were located and removed from over the top of these individual systems. Several septic tank clean-outs were located and re-established above ground for easy access. Mr. Steve Jones, of the Buncombe County Health Department, visited the site on 3-19-10 and notified DWQ ARO. Mr. Trevor McMinn, ORC, assisted in the inspection and appears to be operating and maintaining the system very well. The effluent appeared to be in compliance with permit limits. Page# 2 Permit: NCO060283 Owner-Facility: Ridgeview Acres Mobile Home Park inspection Date: 03/25/2010 Inspection Type: Compliance Evaluation SYSTEM PERFORMANCE ANNUAL REPORT: The System Performance Annual Performance Report had been filed for the calendar year 2009 by Trevco. Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment works' and collection system's performance over a 12 month period. Page# 3 Permit: NCO060283 Owner-Facility: Ridgeview Acres Mobile Home Park. Inspection Date: 0 312 5/2 0 1 0 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n Is the facility as described in the permit? ■ n n n #Are there any special conditions for the permit? n ■ Cl n Is access to the plant site restricted to the general public? n n ■ n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? n n ■ n Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge n n ■ n Judge,and other that are applicable? Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n n Are the tablets the proper size and type? ■ n n n Number of tubes in use? 1 Is the level of chlorine residual acceptable? ■ n n n Is the contact chamber free of growth, or sludge buildup? ■ ❑ n n Is there chlorine residual prior to de-chlorination? ■ n n n Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ n Is storage appropriate for cylinders? n n ■ n #Is de-chlorination substance stored away from chlorine containers? n n ■ n Comment: Are the tablets the proper size and type? n n ■ n Are tablet de-chlorinators operational? n n ■ n Number of tubes in use? 0 Comment: Dechlorination tablets were located at the step cascade. _r Page# 4 RCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary April 6, 2010 Mr. Kenneth Westmoreland, County Manager Jackson County Recreation Center Sitework Improvements 401 Grindstaff Cove Rd. Sylva,North Carolina 28779 SUBJECT: Notice of Violation Response and Sediment Removal Plan Approval Jackson County Recreation Center Sitework Improvements DWQ Tracking Number: NCR002196 NOV-2010-PC-0015 Jackson County i Dear Mr. Westmoreland: The Division of Water Quality (DWQ) has received correspondence from Fish and Wildlife Associates, Inc., dated March 8, 2010, in response to the NOV noted above. The proposal includes removal of sediment from the outlet channel and unnamed tributary to the Chattooga River on north/east side of the property (along with the sediment deltas in the Chattooga River). The DWQ also concurs with not disturbing the existing wetland area and seeding with native wetland plantings. With regarding to the inspections conducted by your contractor, Chris Buchanan, Mr. Buchanan should note that the site should be inspected once a week and after every rainfall event greater than 0.5 inches. This was not done in several cases. For example, during the week of July 27th, a site inspection should have been conducted within 24 hours of the 0.65 inch rainfall event recorded 7/28/2009 (in addition to the inspection conducted 7/30/2009, which was conducted after a 0.6 inch rainfall event). During the week of 9/14/2009, a site inspection should have been conducted on 9/18 and 9/19/2009 (after a 1.0 inch and 1.25 inch rainfall event). This may have prevented sediment from reaching the pond; it does not appear that the site was inspected until 9/21/2009. The week of November 16th and December 9th had similar issues. Mr. Buchanan has been copied with this correspondence. The plan should be followed exactly as written. Please notify this office via phone or e-mail after sediment removal has been completed. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 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 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Mr. Westmoreland April 6,2010 Page 2 of 2 Activities involved in this approved plan, as well as submittal of the final report, are to be completed within thirty(30) days of this approval letter. Should you have further questions,please contact me at (828) 296-4665 or Susan.A.Wilson@ncdenr.gov. Sincerely, w Susan A. Wilson, P.E. Environmental Engineer Surface Water Protection cc: ARO File Copy Chris Buchanan, P.O. Box 123, Whittier,NC 28789 Leslie Bilbrey, Fish and Wildlife Associates, Inc. (e-copy) S:\SWP\Jackson\Stormwater\NCGOI Construction\CashierRecreation Center Improvement-Jackson co\SedimentRemovalAPPROVE 4 2010.doc NCDEMR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary April 6, 2010 T J Greene T J Greene Et Al Post Office Box 292 Crossnore,North Carolina, 28616 SUBJECT: NOTICE OF VIOLATION Nursery operation at 2813 Byrd Road NOV-2010-DV-0140 Stream Standard Violation - Other Waste (In-stream sediment) Failure to Secure 401 Water Quality Certification(WQC) Removal of Best Usage Burke County Response deadline: April 21, 2010 Dear Mr. Greene: On March 26, 2010, Kevin Barnett from the Asheville Regional Office of the Division of Water Quality (DWQ)conducted a site inspection at your nursery operation on Byrd Road along Silver Creek in Burke County. 401 certification and stream standards violations were noted during the inspection and file review. Sediment impacts to Silver Creek(WS-IV) were documented constituting certification and standard violations. The backfilling of an ox bow bend in Silver Creek, along with the bank grading (with incidental spillage) constitute a fill of waters of the state in excess of 1,000 linear feet of stream channel 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 Failure to Secure a 401 WQC VIOLATIONS 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.ncwaterquality.org atura llff An Equal Opportunity 1 Affirmative Action Employer T J Greene April 6,2010 Page 2 of 3 I. Stream Standard Violation - Other Waste(In-stream sediment) 15A NCAC 02B .0211 (3)f Greater than 1,000 feet of an Silver Creek(WS-IV)was impacted by sediment deposition throughout the stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f). II. Failure to Secure a 401 WQC— 15A NCAC .0500 requires that you obtain a Certification to fill waters of the State. A records review reveals that no such Certification has been obtained. REQUIRED RESPONSE This Office requests that you respond prior to close of business, on April 21, 2010. 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. 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 Silver Creek. 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. i • 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. IL 401 WQ Certification a. Clearly explain why appropriate 401 Water Quality Certification and a 404 Permit were not secured. b. It is required that you contact the United States Army Corps of Engineers to determine if a 404 Permit is necessary for these restoration activities. c. 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.pddf Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Kevin Barnett at(828) 296-4657. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office cc: John Hennessy—NPS Assistance and Compliance Oversight Unit Liz Hair- US Army Corps of Engineers Ron Linville—NC Wildlife Resources Commission ARO File Copy Division of Land Resources Burke County Planning S:\S WP\Burke\Complaints\TJGreene\TKGreene.NOV2010DV0140.04062010.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 April 8, 2010 Mr. John M. McCann, PE Civil Engineering Services 535 Knollwood Drive Waynesville, North Carolina 28786 Subject: Fast-Track Application Return Golf View Sewer Project Town of Maggie Valley Haywood County Dear Mr. McCann: Attached herewith is the Fast-Track Sewer Application which you submitted seeking permission to serve the Golf View Sewer project. The application is being returned for the following reason(s): (1) A $ 480.00 Application fee in addition to a "current" DWQ application was not received. The application form should have "FTA 12/07 ver 5" at the top and can be downloaded from the DENR-DWQ-PERCS web site. (2) It was also noted that the "pump station" listed in this application "Would Not" be owned and operated by the Town of Maggie Valley, but by the resident. In a case such as this the ARID is requesting in addition to current fast track application and fee, a signed and notarized statement from the resident that this pump station will be properly operated and maintained at all times, and a Deed Notification be recorded that there is a Pump Station connected with this property. _I-look-forward-to-receiving--a-completed-appl ic-atio-n.-Should--you b- ve-questions-or-need-_.._ _____ _ additional information, please contact me at 828/296-4500. Sincerely, Donald R. Price, CET WWTP Consultant Cc: Tim Barth, Maggie Valley Town Manager SASWP\1lkmood\Collec6on SystemsWag¢ie Valley Collection System\AQplication Return Golf View Sewer Extension project.do SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollna Phone:828-296-450M FAX:828-299-7043\Customer Service:1-877-623-6748 // Internet: www,ncwaterquality.org �aturq��� An Equal Opportunity\Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION April 8, 2010 Mr. Peter N. Alexander Young Life Windy Gap 120 Coles Cove Road Weaverville, NC 28787 SUBJECT: Compliance Evaluation Inspection Young Life Windy Gap WWTP Permit No: NCO034304 Buncombe County Dear Mr. Alexander: Enclosed please find a copy of the Compliance Evaluation Inspection conducted March 30, 2010. The facility was found to be in compliance with permit NC0034304. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, ��d Wanda P. Frazier Environmental Specialist Enclosure cc: Central Files Asheville Files S:\SWP\Buncombe\Wastewater\Minors\Young Life Windy Gap 34304\CEI.3-30-10.doc i 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: 1-87 -623-6748 Naturally Internet:www.ncwatercivality.ora United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO034304 111 121 10/03/30 117 181 CI 19I gI 20III Remarks 211111111111111111IIIIII11IIII IIII IIII IIII Jill 1116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------Reserved-------------- 67I 1.0 169 70131 711 I 72I N I 73 LLJ 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) Young Life Windy Gap Camp 01:00 PM 10/03/30 05/12/01 Rt 2 Upper Flat Creek Rd Exit Time/Date Permit Expiration Date Weaverville NC 28787 03.45 PM 10/03/30 10/10/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Peter N Alexander/ORC/828-645-7187/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Peter N Alexander,120 Coles Cove Rd Weaverville NC 28787//828-645-71 7 Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance E 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 Inspectors) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ /�� ;;z 6 m J 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 Permit: NCO034304 Owner-Facility: Young Life Windy Gap Camp Inspection Date: 03/30/2010 Inspection Type: Compliance Evaluation Chlorine = <17 ug/I FLOW MEASUREMENT: The flow meter was last calibrated on 9-30-2009 by Environmental Instruments. OPERATIONS AND MAINTENANCE/ EFFLUENT/SUMMARY: Mr. Peter Alexander, ORC, assisted in the inspection and appears to be operating and maintaining the facility very well. The effluent appeared very clear and in compliance with permit limits. SYSTEM PERFORMANCE ANNUAL REPORT: The System Performance Annual Performance Report had been filed for the calendar year 2009. Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment works' and collection system's performance over a 12 month period. Page# 3 Permit: NCO034304 Owner-Facility: Young Life Windy Gap Camp ,ispection Date:. 03/30/2010 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ n n n Are surface aerators and mixers operational? n In ■ n Are the diffusers operational? ■ n n In Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25%of the basin's surface? ■ n n n Is the DO level acceptable? ■ In n n Is the DO level acceptable?(1.0 to 3.0 mg/1) n In ■ n Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n in Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n Are weirs level? ■ n n n Is the site free of weir blockage? ■ In n In Is the site free of evidence of short-circuiting? ■ in n In Is scum removal adequate? ■ in in n Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? n in ■ 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 In n Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n n Are the tablets the proper size and type? ■ n n n Number of tubes in use? 4 Is the level of chlorine residual acceptable? ■ n n ❑ Is the contact chamber free of growth, or sludge buildup? ■ n n n 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 April 8, 2010 Mr. Michael Talbert, County Manager Polk County P.O. Box 308 Columbus, North Carolina 28722 Subject: NOTICE OF VIOLATION NOV-2010-MV-0034 Permit No. NC0004464 Woodland Mills WWTP Polk County Dear Mr. Talbert: A review of Woodland Mills WWTP's monitoring report for October 2009 showed the following violation: Parameter Date Measuring Violation Frequency -- pH, units 10/03/09 Weekly Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked"Compliant"when in fact it should have been marked"Non-Compliant"with an explanation of the reason for the non-compliance. If the above parameter was left off inadvertently please send in an amended DMR. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 10 (ten)working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Janet Cantwell at 8281296-4500. Sincerely, �v e, '474-&" Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James & James Environmental/ORC S:1SVVP1Flolk1'}1Vastewater\M;rofsi,IVoodiaiid Mills 04464\NOV-2010-MV-0034.04-0 -1t0.dcc NorthCarolina Natmra!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwatergualitv.ora FAX (828)299-7043 1-877-623-6748 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 8, 2010 Ms. Cathy Childrey Mizpah Healthcare Inc. 9 N. Main Street Marion, North Carolina 28752-1029 Subject: NOTICE OF VIOLATION NOV-2010-MV-0033 Permit No. NCO074110 Mountain View Assisted Living WWTP Henderson County Dear Ms. Childrey: A review of Mountain View Assisted Living's monitoring report for October 2009 showed the following violation: Parameter Date Measuring Violation �a Frequency Temperature, Celcius 10/24/09 5 X/Week Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked"Compliant"when in fact it should have been marked"Non-Compliant"with an explanation of the reason for the non-compliance. If the above parameter was left off inadvertently please send in an amended DMR. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 10 (ten)working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James &James Environmental/ORC ne S.t.SWP\HeridersorilWastewater\NlinoistfAouniain ViewAssis!ed Living 741101NOV-2010-MV-0033.04-0?-10.doc NoOrthCarolma 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 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 8, 2010 Arthur J. Kepes, Executive Vice President Marion Retail Investment, LLC 1415 Stuart Engals Boulevard Mount Pleasant, S.C. 29464-3346 Subject: AMENDED Permit No. WQ0034597 Marion Retail Development, LLC Grandview Station City of Marion Wastewater Collection System Extension McDowell County Dear Mr. Kepes: i In accordance with your application received February 10, 2010, we are forwarding herewith Amended Permit No. WQ0034597, dated April 8, 2010, to Marion Retail Investment, LLC for the construction and operation of the subject wastewater collection system extension. Further noted is the name change of permittee. 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 apart of this permit and is incorporated therein by reference._Please send Don Price a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which requires that the .wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is-based on acceptance-o#-the certification-providezd-by the North Carolina licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa, NC 28778 Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Marion Retail Development, LLC February 15, 2010 Pa. In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Marion Retail Development,LLC for the construction and operation of approximately 3,400-linear feet of 8-inch gravity sewer, and 526-linear feet of 6-inch gravity sewer to serve a 147,806 sq.ft. Wal-Mart Supercenter, 40,600 sq.ft. of retail shops, and 3 outparcels as part of the Grandview Station project, and the discharge of 36,160 gallons per day of collected domestic wastewater into the City of Marion's existing sewerage system, pursuant to the application received February 10, 2010 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit.The sewage and wastewater collected by this system shall be treated in the City of Marion's Wastewater Treatment Facility (Permit No. NC0031879) prior to being discharged into the receiving stream. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service ` Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Mr. Don Price at (828)296-4600: _ _ Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: McDowell County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0031879) Jeff Belya, P.E., Wolverton &Associates, Inc. --City of Marion WWTP,attm-Larry Carver, ORC Surface Water Protection Section Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent --- - - -discharge-to-land--or-surface-water-s --and--any-eont-ravention-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. _ Inspection and maintenance records_shall be_maintained fora-period of at least three rears. 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. 1 AMMENDED PERMIT NO W00034597, Marion Retail Investment LLC, McDowell County April 9. 2010 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's -- - -Minimum-Design-Criteria-Jforthe-Fast-Track-Permitting-of-Pamp-Station--an -Force-Mains ado -ed- - 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_.02Q0, emsio.n__and_sedimentation-contr_ol_requirements-in-1 5A-NCAC.Ch.._4_ancLunder_thy__ Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 i PERMIT NO W00034597, Marion Retail Investment LLC McDowell County April 9 2010 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. 12. [CONSTRUCTION ONLY] This permit shall be for the construction of the wastewater collection facilities only. No flow shall be made tributary to the subject facilities until permit modification application is submitted (with the appropriate fee), a modified permit is issued, and the Engineer's Certification is received and approved by the Division. 13. [ADDITIONAL WASTEWATER FOR UNKNOWN DEVELOPMENT] If, at any time, the additional wastewater flow volume made tributary to this sewer extension is believed to exceed the value permitted herein, a modification shall be requested for this permit from the Division of Water Quality to properly allocate the subject wastewater flow. AMMENDED Permit issued this the 9t" Day of April, 2010 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION forlCo en H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0034597 SASWP1McDowelkCollection SvstemsWarion Collection Svstem1WQ0034597 Marion Retail Investment LLC 02 15 10 AMMENDED doc 3 AMMENDED PERMIT NO W00034597 Marion Retail Investment, LLC_McDowell County April 9. 2010 L. ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: permission is hereby granted to the Marion Retail Development,LLC for the construction and operation of approximately 3,400-linear feet of 8-inch gravity sewer, and 526-linear feet of 6-inch gravity sewer to serve a 147,806 sq.ft. Wal-Mart Supercenter, 40,600 sq.ft. of retail shops, and 3 outparcels as part of the Grandview Station project, and the discharge of 36,160 gallons per day of collected domestic wastewater into the City of Marion's existing sewerage system Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines)of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s)or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑weekly, ❑ full time)the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the Division of Water Quality's (Division)Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ................................................................................................... SEND THIS FORM&SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARD 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 Beverly Eaves Perdue Dee Freeman Governor Secretary April 9, 2009 Bo Murphy Marion Retail Inv. LLC 1415 Stuarts Engals Boulevard Mount Pleasant, South Carolina 29646 Subject: Return of Application 401 Water Quality Certification WalMart Supercenter- Marion DWQ Project# 09-1020 McDowell County Dear Mr. Murphy: The Division of Water Quality(DWQ) has reviewed the additional Information, submitted February 10, April 5, and April 7, 2010, for the subject project. The requisite information required to complete the review process ~?vas not included. Therefore, the project application is considered incomplete and inadequate for review by the ,DWQ. Please note: No impacts associated with the subiect project are approved at this time. To pursue the project further,a new Pre-Construction Notification and applicable fee will be required,as well as the additional information presented below. Additional Information Required: 1. Applicant Information: The submitted applicant information does not clearly identify the relationship between the future property owner, the applicant, and the relationship between the applicant and the proposed owner of the stormwater treatment unit. As detailed in the Additional Information Request dated December 7, 2009, you were requested to clearly make the distinction between these entities, and - - - -were instructed-that,-if the-storm watertreatment was tor be located on a-parcel that would then - change hands, or come under another entity's control, that they be made co-applicant. _�'URFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE ..vocation;2090 U.S.Highway 70,Swannanoa,North Carolina 28778 e O Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 N One Internet: www.ncwaterquality.org ����/N���� An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper l` WalMart Supercenter—Marion April 9,2010 Page 2 of 2 You must clearly provide documentation which shows the relationship between Marion Retail Inv. LLC and WLA Enterprises, Inc. as well as the relationship between Marion Retail Inc. LLC and WalMart Corporation as part of any future request for impacts. This agency seeks to provide a clear regulatory relationship between the Certification applicant and the owner/operator of the stormwater treatment unit. In order to achieve this regulatory relationship, the owner and operator of the stormwater system needs to be the applicant, or co- applicant for this Certification 2. Avoidance and Minimization The submitted Avoidance and Minimization discussion does not evaluate alternate construction techniques nor alternate structures to minimize impacts. Such a discussion must be included in any future requests for impacts. 3. Operations and Maintenance Agreement The submitted Form SW401 — Wet Detention Basin O&M—Rev4. was signed by a Mr. Art Kepes, Vice President. Mr. Kepes has been identified as an Officer in WLA Enterprises, Inc. who is not the applicant. Additionally, no documentation has been provided which would provide access to stormwater treatment units located on future WalMart Corporation properties by anyone associated with either the stated applicant, nor the land purchaser. You must submit clear documentation as to the role of any responsible party in the Form SW401 — Wet Detention Basin O&M—Rev4. will hold and what their access abilities may be in relation to the treatment unit in any future requests for impacts. Upon receipt of a complete application along with the applicable fee, the DWQ will promptly review the package and respond accordingly. Please call Kevin Barnett 828-296-4657, if you have any questions. Sincerely, Roger C. Edwards, Supervisor Surface Water Protection Asheville Regional Office cc: Ronald Walker, S&MEN Inc. One Marcus Drive, Greenville,North Carolina 29615 Lori Beckwith- US Army Corps of Engineers Asheville Field Office David McHenry -North Carolina Wildlife Resources Commission Cyndi Karoly -401 Permitting Unit ARO File copy S:\S WP\McDowell\401 s\Non-DOT\Marion WalMartSuperCenter\MarionWalMartSupercenter.Retumed.04062010.doc--- RCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director bee Freeman Governor Secretary April 9, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 9028 John Turchin . 2120 Tyne Castle Hwy Banner Elk,NC 28604 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Eagles Nest NOV-2010-OP-0018 Failure to Secure 401 Water Quality Certification Stream Standard Violation- Removal of Best Usage Avery County Response deadline: April 30,2010 Dear Mr. Turchin: On March 31, 2010, Linda Wiggs from the Asheville Regional Office of the Division of Water Quality(DWQ) conducted a site inspection for Eagles Nest along Hwy 194 in Avery County. Present during the inspection were Loretta Smith with Avery County and Jeremiah West. Failure to secure a 401 certification, and removal of best usage violations were noted during the inspection and file review. Documented during the inspection were pipe and channelization impacts to an Unnamed Tributary to Peavine Branch, Classification C, Trout. The file review did not indicate any permits were issued for these impacts. The Unnamed Tributary to Peavine Branch had impacts with cumulative lengths greater than 100 feet constituting a removal of best usage. Also, noted during the inspection were several pipe impacts to streams throughout the development associated with the road system. As a result of the site inspection and file review, the following violations were noted: VIOLATIONS 1. Failure to Secure a 401 Water Quality Certification 15A NCAC 2H .0500 -The file review confirmed that a Pre-construction Notification has not been received by the Division 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.ncwaterquality.org naturally An Equal Opportunity 1 Affirmative Action Employer John Turchin April 9,2010 Page 2 of 3 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. II. Removal of Best Usage— 15A NCAC 02B.0211 (2)—Greater than 100 feet of an Unnamed Tributary to Peavine Branch and other streams associated with this development were impacted by channelizing stream channels, and pipes representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2) REQUIRED RESPONSE This Office requests that you respond in writing by April 30,2010. 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: 1. 401 Water Quality Certification a. Clearly explain why appropriate 401 Water Quality Certification were not secured. II. Stream Standard Violation -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 with lot layout) depicting all water features (e.g. streams, wetlands, buffers) on the site. This documentation should describe and quantify the impacts to those 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—Please explain how you plan to restore the pattern, profile and dimension of the impacted stream channels to include the removal of pipes, and channelization of the stream reach. • Permit Application—If you wish for any impacts to remain in place, you must contact the U.S. Army Corps of Engineers (USACOE) for information on the type(s)-of permit required..- A-Pre=construction Notification-(PCN)application --- for a 401 Water Quality Certification to DWQ will be required. • Please indicate in your response a date when the (PCN) application will be submitted. 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 -ature/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 Asheville Regional Office cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy Army Corp of Engineers Avery County Planning Environmental Consulting Services-John Vilas 3764 Rominger Rd. Banner Elk,NC 28604 S:\SWP\Avery\Stormwater\NCGO1 Construction\Eagle Nest\NOV-2010-OP-0018.doc i HCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary April 9, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 9042 Ben Griffin 606 College Ave SW Lenoir,NC 28645 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 9035 Clay and Janette Bollinger 4600 Hickory Nut Ridge Rd. Granite Falls, NC 28630 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT North Lake Estates NOV-2010-CV-0003 Stream Standard Violation - Other Waste (In-stream sediment) Stream Standard Violation- Removal of Best Usage Failure to Secure 401 Water Quality Certification Caldwell County Response deadline: April 30, 2010 Dear Messrs. Griffin and Bollinger: On-March 29,-20-10-,Linda-Wiggs-from-the Asheville Regional Office of the Division-of-Water - Quality (DWQ) conducted a site inspection at North Lake Estates along Isaiah Court in Caldwell County. A file review revealed that no 401 Water Quality Certification had been issued for this site and stream standards violations were noted during the inspection. Failure to take any preventative measures to control runoff from the lots along Isaiah Court has allowed sediment to be deposited in waters of the State. Sediment impacts to an Unnamed Tributary to Catawba River(Lake Hickory), SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOTt11CaT01111a Phone:828-296-45001 FAX;828-299-70431 Customer Service:1-877.623-6748 �gturR���� Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Griffin/Bollinger April 9,2010 Page 2 of 4 Classification WS IV, B; CA were documented. Approximately 1,300 feet of stream has been impacted by greater than four inches of sediment. Also noted during the inspection were pipe (culvert) impacts to the unnamed tributary. A file review did not indicate any permits were issued for these pipe impacts. Two culverts were noted during the inspection with cumulative lengths greater than 250 feet. As a result of the site inspection and file review, the following violations were noted: VIOLATIONS I. Stream Standard Violation - Other Waste(In-stream sediment) 15A NCAC 02B .0211 (3)f- Approximately 1,300 feet of an Unnamed Tributary to Catawba River(Lake Hickory) was impacted by sediment deposition upward of four inches throughout the stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f) II. Failure to Secure a 401 Water Quality Certification 15A NCAC 2H .0500 - 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 culvert impacts pursuant to 15A NCAC 2H .0500. III. Stream Standard Violation - Removal of Best Usage— 15A NCAC 02B.0211 (2)— Greater than 250 feet of an Unnamed Tributary to Catawba River(Lake Hickory)was impacted by culverts, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2) REQUIRED RESPONSE This Office requests that you respond in writing by April 30,2010. Your response should be sent to both the attention of Linda Wiggs, Division of Water Quality, 2090 US HWY 70, Swannanoa, NC 28778 and 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 Violation- Other Waste (In-Stream Sediment) a. Please provide a map of the project area. The map must include all stream and wetlands, detailing impacts both on- and off-site. b. Please submit a Sediment Removal Plan to this office for review and approval. The Plan must address removal of accumulated sediment from all surface waters. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with developing your Plan, and obtaining any necessary approvals. It is recommended that your consultant contact Linda Wiggs of the Asheville Regional Office for additional guidance during Plan development. The Plan should include: • A narrative explaining how sediment will be removed; including, techniques, equipment, manpower and tools to be used. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. • A diagram of the stream channel, referenced with photo documentation of sediment impacts before and after removal. • A narrative explaining how and where the removed sediment will be disposed and stabilized. • Please explain how turbidity standards will not be exceeded. c. Once the work is complete, a final report documenting the results of the sediment removal activities should be submitted to Linda Wiggs. I. 401 Water Quality Certification a. Clearly explain why the appropriate 401 Water Quality Certification was not secured. II. Stream Standard Violation - Removal of Best Usage— 15A NCAC 02B.0211 (2) a. Please explain why these impacts occurred without prior authorization. b. Please submit the following documents for review and approval: • Permit Application—If you wish for the culvert impacts to remain in place, you must contact the U.S. Army Corps of Engineers (USACOE) for information on the type(s) of permit required. A Pre-construction Notification(PCN) application for a 401 Water Quality Certification will be required. • Please indicate in your response when a PCN application will be submitted to 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 Griffin/Bollinger April 9,2010 Page 4 of 4 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 Asheville Regional Office cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy Division of Land Resources Army Corp of Engineers Granite Falls Planning S:\SWP\Caldwell\Stormwater\NCGO1 Construction\N.Lk-Griffin-Bollinger\nov-2010-cv-0003.doc AL RCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary April 8, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 9059 Mr. John H Moore, II Hospital Ave Office Park 3388 Gaither Walker Cir Lenoir,NC 28645 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Hospital Ave Office Park DWQ Tracking Number: NCR002332 NOV-2010-PC-0322 Construction Stormwater Permit NCGO10000 Caldwell County Response deadline: April 30, 2010 Dear Mr. Moore; On March 29, 2010, Linda Wiggs from the Asheville Regional Office of the Division of Water Quality(DWQ) conducted a site inspection for Hospital Ave Office Park along Hospital Ave. in Lenoir Caldwell County. Present during the inspection were Warren DePree (City of Lenoir), Jerry Twiggs (West Consultants), Max Taylor,Art Bell, and Bill Reid (Brushy Mountain Builders). Construction Stormwater Permit NCGO10000 violations were noted during the inspection and file review. NCGO10000 permit required monitoring and reporting were not being performed at the site. The DWQ has_also received_ reports sediment loss to adjacent property and the City of Lenoir stormwater system, thereby entering waters of the State. The inspection revealed conditions indicating that the construction site will not be able to avoid future water quality violations unless added erosion control measures are deployed and current measures are maintained to optimum efficiency. The monitoring and reporting requirements of NCGO10000 permit should be used as a self- monitoring tool to alert the construction site owner that inadequacies exist onsite. Furthermore, contacting the DWQ within 24 hours of noncompliance is another mechanism to be used by the site to avoid additional violations. 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.ncwaterquality.org )Vatuy+a/ `lff An Equal Opportunity V Affirmative Action Employer John H Moore April 8,2010 Page 2 of 3 It appears that future water quality violations are imminent, if inadequacies onsite are not addressed. Therefore, it is suggested the site add basins to the North and South corners of the property, as discuss during the inspection, to assist with erosion control on the site. This would entail contacting and likely submitting to the Division of Land Resources a modification to the approve erosion control plan. As a result of the site inspection and file review, the following violations were noted: 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. a. Minimum Monitoring and Record Keeping(Part I. Section B. No. 3) Inspection records of erosion& sedimentation control measures and stormwater discharges, collected weekly and after every half-inch or greater rain event, were not recorded. b. Twenty-four Hour Reporting(Part II. Section E. No.3) The lack of notification to DWQ regarding noncompliance represents violations of NCGO10000 Permit. REQUIRED RESPONSE This Office requests that you respond in writing by April 30, 2010. 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 NCGO10000 a. Minimum Monitoring and Record Keeping — You were provided a copy of the NCGO10000 permit and associated inspection form. Please provide copies of all monitoring and record keeping for the next six weeks to Linda Wiggs. You may submit these forms to Ms. Wiggs either by mail or fax as noted in the footnote or to email address linda.wiggsgncdenr.gov. This form is to be filled out every week and after each 1/2 inch rain event. The following bulleted list provides guidance on how to conduct monitoring and record keying._activities in such--a way_a� 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 1/2 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 t/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. • 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 II Section B (10 b) of the NCGO10000 Permit for proper procedure). b. You should include in your response an explanation of how you propose to prevent erosion control and stormwater problems from reoccurring on this project and on future projects. 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, 1� 1-. Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy Division of Land Resources City of Lenoir Planning S:\SWP\Caldwell\Stormwater\NCG01 Construction\HospitalAveOffice-NCR002332\NOV-2010-pc-0332.doc NCQENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION April 9, 2010 Mr. R. Belvin Hall, Assistant Director Buncombe County Board of Education Maintenance Department 175 Bingham Road Asheville, NC 28806 SUBJECT: Compliance Evaluation Inspection Leicester Elementary School WWTP Permit No: NCO066796 Dear Mr. Hall: Buncombe County On March 16, 2010, you were sent a copy of the inspection that I conducted on March 4, 2010. The subject indicated that this was a Compliance Sampling Inspection. Since there was no discharge during the inspection, I was unable to collect samples. For the purposes of clarification, this inspection should have been listed as a Compliance Evaluation Inspection. We are sorry if this caused any confusion. The facility appears to be well operated and maintained and was found to be in compliance with permit NC0066796. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, ® 4 Wanda P. Frazier Enclosure Environmental Specialist -- -ec: —BOb�ar ,R-RB Sys#e - --Ifl - _._--- Central Files Asheville Files S:\SWP\Buncombe\Wastewater\Minors\Leicester Elementary 66796\CE1.3-4-10.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 NorthCarol/ina Phone: (828)296-45001 FAX: (828)299-70431 Customer Service: 1-877-623-6748 �atut"alltJ Internet:www.ncwaterguality.org NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary April 12, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED - 7007 1490 0004 0713 9004 Lois Herb 410 Bloody Fork Rd Burnsville,NC 28714 CERTIFIED MAIL RETURN RECEIPT REQUESTED: 7007 1490 0004 0713 9011 Dolph Silvers Dolph and S.W. Silvers Construction 295 Saw Mill Hollow Road Burnsville,NC 28714 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2010-OP-0020 Failure to Secure a 401 Water Quality Certification Stream Standard Violation- Removal of Best Usage Yancey County Response deadline: April 30,2010 Dear Ms. Herb and Mr. Silvers: On March 31, 2010, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality(DWQ) conducted a site inspection at 328 Bloody Fork Road in Yancey County. Mr. Tommy Burleson was present. A file review revealed that no 401 Water Quality Certification had been issued for this site and stream standard violations were noted during the inspection. Culvert impacts to an unnamed tributary to Bloody Fork (Class C; Trout waters) were documented. Approximately 300 feet of stream has been impacted by the installation of a culvert. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone: 296 45001 FAX:828-299-70431 Customer Senrice:1-877-623 6748 ��tura��� Internet:: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Lois Herb and Dolph Silvers April 12,2010 Page 2 of 4 VIOLATIONS I. Failure to Secure a 401 Water Quality Certification 15A NCAC 2H .0500 -The file review confirmed that a Pre-construction Notification has not been received by the Division of Water Quality for this project and a 401 Water Quality Certification has not been issued. A Pre-Construction Notification submitted to DWQ is required prior to culvert impacts pursuant to 15A NCAC 2H .0500. II. Stream Standard Violation - Removal of Best Usage— 15A NCAC 02B.0211 (2)— Approximately 300 feet of an unnamed tributary of Bloody Fork was impacted by culvert installation representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2) REQUIRED RESPONSE This Office requests that you respond in writing by April 30, 2010. 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: I. Failure to Secure a 401 Water Quality Certification Two (2) options exist to resolve the violation related to the 401 Water Quality Certification: \✓ 1. Submit a Pre-Construction Notification form to the U.S. Army Corps of Engineers and Division of Water Quality to begin the 404 Permit/401 WQC review process for the culvert installation. 2. Restore the stream and stream buffer. a. Provide a stream restoration plan that includes the removal of the culvert,restoration of the stream channel and replanting of the stream buffer. If pursuing Option 1: a. Complete a Pre-Construction Notification(PCN) form, which can be downloaded at hLtp://www.saw.usace.army.mil/WETLANDS/12cn/, and submit the appropriate copies, required materials and applicable fee to the Division of Water Quality and United States Army Corps of Engineers. b. Provide a proposed schedule of when you expect to have the required PCN submitted to DWQ. ph Silvers If pursuing Option 2: a. Please submit a Stream Restoration Plan to this office for review and approval. The plan must address removal of the culvert from the unnamed tributary to Bloody Fork as described above in Option 2. The plan must be submitted to the Division of Water Quality for review and approval. You are encouraged to enlist an environmental consultant experienced in stream restoration to assist you with development of your plan and authorization necessary to achieve compliance. It is recommended that your consultant contact Chuck Cranford of the Asheville Regional Office for additional guidance during plan development. The plan should include the following: i. 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 will be required. ii. A diagram of the stream channel; including, details of the buffer restoration planting in order to meet the EEP Publication Guidelines for Riparian Buffer Restoration. This document is available electronically at http://www.nceep.net/news/reports/buffers.pd Photo documentation of - before and after conditions must be provided. iii. A proposed schedule with dates that indicate when you expect to begin and complete the restoration work. iv. Once the work has been completed, a final report documenting restoration of the stream should be submitted to Chuck Cranford. II. Removal of Best Usage— 15A NCAC 02B.0211 (2) The same two (2) options exist to resolve the Stream Standard Violation-Removal of Best Usage, as described directly above. Lois Herb and Dolph Silvers April 12,2010 Page 4 of 4 Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above,be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters,please contact Chuck Cranford at(828) 296- 4664. Sincerely, Roger C. Edwards,Regional Supervisor Surface Water Protection Asheville Regional Office cc: John Hennessy—NPS Assistance and Compliance Oversight Unit Dave Baker—USACE Tommy Burleson— Post Office Box 861 Newland,NC 28657 ARO File Copy Division of Land Resources Yancey County Planning S:\SWP\Yancey\Complaints\Herb Property\NOV-2010-OP-0020.4.12.10.doc NCDE R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 12, 2010 Nathan Bennett East Yancey Sewer and Water District County Courthouse Room 11 Burnsville,NC 28714 Subject: Request for More Information 401 Water Quality Certification E Yancey WWTP& Sewer Improvements DWQ Project# 05-1216 V 2 Yancey County Response deadline: May 17,2010 Dear Mr. Bennett: The Division of Water Quality(Division)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 North Carolina Wildlife Resources Commission(WRC)provided comments regarding the subject project in a letter dated March 29, 2010. Of particular interest to the Division is the suggestion to utilize directional boring techniques to install the sewer line stream crossings in the vicinity of the South Toe River where critical habitat for certain sensitive species is located. Please provide discussion that considers the implementation of the above WRC recommendations. Please provide your response in writing to the addresses below prior to May 17, 2010. Four copies of the required information should be provided to the 401 Permitting Unit at: Mr. Ian McMillan 401 Permitting Unit 1650 Mail Service Center Raleigh,NC 27699-1650 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 brie Phone:828-296-450M FAX:828-299-70431 Customer Service:1-877-623-6748 T�7 Internet:www.ncwaterquality.org NOrthCarollna An Equal Opportunity,Affirmative Action Employer Naturallff Nathan Bennett April 12,2010 Page 2 of 2 and a single copy to the Asheville Regional Office at: Chuck Cranford Surface Water Protection Section 2090 US HWY 70 Swannanoa,NC 28778 If we do not hear from you by the deadline,we will assume that you no longer want to pursue this project and we will consider the project withdrawn. This letter only addresses the preliminary application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time)by the DWQ. Please call Chuck Cranford 828-296-4664, if you have any questions. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office cc: Dave Baker-US Army Corps of Engineers Asheville Field Office David McHenry-North Carolina Wildlife Resources Commission Randall Hintz—McGill Associates Ian McMillan-401 Permitting Unit County Planning ARO File copy S:\SWP\Yancey\401s\Non-DOT\Yancey SeweI\ADDINFO.4.9.10.doc Alky 00 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 April 12, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8991 Cannon Paint-Mr.Gregg Pilkenton PO Box 1976 Lenoir,NC 28645 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Cannon Paint NOV-2010-SS-0016 Stream Standard Violation-Removal of Best Usage Caldwell County Response deadline: April 30, 2010 Dear Mr. Pilkenton: On March 30, 2010, Linda Wiggs from the Asheville Regional Office of the Division of Water Quality(DWQ) conducted a site inspection for Cannon Paint along Zacks Fork Road in Caldwell County. Present during the inspection was Bill Wagner with Division of Solid Waste. A stream standard violation, the loss of best usage, was noted during the inspection. Stump dump fill impacts to an unnamed tributary to Zacks Fork Creek, a Class C stream, were documented. The property is being used for a dump site and the dump material has filled a portion of the unnamed tributary. As a result of the site inspection, the following violations were noted: VIOLATIONS 1. Removal of Best Usage— 15A NCAC 02B.0211 (2)—Approximately 40 feet of an unnamed tributary to Zacks Fork Creek, Classification C, is impacted by stump dump fill, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2). SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOr thCaroh la Phone: 296-45001 FAX; 299 70431 Customer Service:1-877-623-6748 Internet:: www.ncwaterquality.or.org An Equal Opportunity 1 Affirmative Action Employer April 12,2010 Page 2 of 2 REQUIRED RESPONSE This Office requests that you respond by April 30,2010. Your response should be sent to both the attention of Linda Wiggs, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and 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. 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) depicting all water features (e.g. streams, wetlands) on the site. This documentation should describe and quantify the impacts to those 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—Please explain how you plan to restore the pattern, profile and dimension of the impacted stream channel to include the removal of the fill. 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 will 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, Roger . Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy Division of Solid Waste Caldwell County Planning Gateway Grading-Kipp Turner PO Box 1830 Lenoir NC 28645 S:\SWP\Caldwell\Complaints\Cannon Paint\NOV-2010-SS-0016.doc NCDEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 13, 2010 Mr. J. B. Setzer, P.E. Division 14 Engineer N.C. Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection-NCSR 1102 Pearson Falls Road DWQ Project 08-1020 TIP No. B-4239 Polk County Dear Mr. Setzer: On April 1, 2010, I inspected the construction work at the new bridge site on NCSR 1102, Pearson Falls Road in Polk County. 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, C Michael R. Parker Environmental Senior Specialist Attachment cc: Aaron Powell 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 1102 Inspection Letter April 2010 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 Customer Service:1-877-623-6748 One e Ct`Ij"O�.1TIa Internet:www.ncwaterpualitv.orq �R�tlhl�"j�lf An Equal Opportunity 1 Affirmative Action Employer DWQ Site Visits for DOT Projects Field Sheet DWQ representative: Michael R. Parker Date: I April 1,2010 County: Polk Region: I Asheville DOT Division: FDivision 14 Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #: 08-1020 NW Permit#: IP#: Project Name: NCSR 1102 Pearson Falls Road B-4239 Location of Project: From NC 176 in Saluda travel south on NCSR 1102,Pearson Falls Road,approximately 1 mile to the new bridge site 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 ❑ Wetland Mitigation ❑ Stormwater Permit Violation ❑ Stream Restoration X❑ Fill ❑ On-site Stream Relocation ❑ Buffer Impacts (see below) ❑ Buffer Restoration ❑ Other ❑ Bank Stabilization ❑ Other Additional Wetland Impacts: ❑ yes X❑ no Estimated Acres ❑ Zone 1 Est Acres 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 DWO Site Visits for DOT Proiects Background Info Name of Waterway(s): North Pacolet River Basin/Subbasin: Broad 030501 Wetland Type: ❑Isolated ❑Non-Isolated(Waters of US) Stream Class: ❑Class B ❑303d Listed ❑WS-Il ❑WS-V ❑SB X❑Class C ❑ORW X❑Trout ❑WS-III ❑NSW ❑HQW ❑WS-1 ❑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 ❑III lch to UP acre ❑1/3rd to 1.0 acre ❑> 1.0 acre Authorized Stream Impacts: X❑< 150 linear feet ❑> 150 linear feet Additional comments: Reviewed project with DOT staff. Bridge deck has been poured. Work continues with remaining items consisting of piping, side walls, grading,paving and old bridge demolition. Estimate that project should be completed by end of April 2010. Maintain erosion control devices and continue with seeding and matting as required to protect State surface waters. A41 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Caleen H. Sullins Dee Freeman Governor Director Secretary April 13, 2010 Mr. Mike Pettyjohn,P.E. Division Engineer N.C. Department of Transportation Post Office Box 250 North Wilkesboro,North Carolina 28659 Subject: Inspection US Highway 321 DWQ Project No. 041246 TIP No. R-2237B Caldwell County Dear Mr. Pettyjohn: On March 31,2010, I visually inspected the construction work on US Highway 321 in Caldwell County and the project appeared to be in good shape. Construction work is primarily taking place at the southern end of the project. The erosion and sedimentation control structures, vegetative covering, mulching and matting appear to be working properly. 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 additional comments and recommendations. If you have questions,please call me at 828-296-4500. Sincerely, Michael R. Parker Environmental Senior Specialist Attachment cc: Frank Gioscio, P.E. Heath Slaughter, Division 11, DEO Neil Trivette, Roadside Environmental Transportation Permitting Unit Mike Parker, Asheville Regional Office (Pettyjohn)US Highway 321 March 2010 Inspection SURFACE WATER PROTECTION SECTION-Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 NorthCarolina Ante Equal www.nnity\Affirmative a tine c }aNral`ff An Equal Opportunity 1 Affirmative Action Employer �,/ L ` DWO Site Visits for DOT Proiects Field Sheet DWQ representative:I Michael R, Parker Date: March 31,2010 County: Caldwell Region: Asheville DOT Division: I Division 11 Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #: NW Permit#: IP#: 3481 Project Name: U S Highway 321 Widening Location of Project: US 321 North of Lenoir to South of Blowing Rock,NC 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 - ❑ Fill ❑ Buffer Restoration ❑ Other ❑ Bank Stabilization X❑ 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: 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): Rocky Cove Creek, Greenfield Branch,unnamed tributary to Puncheon Camp Creek,unnamed tributary to Right Fork Mulberry Creek, unnamed tributary to Left Fork Mulberry Creek Basin/Subbasin: CTB -030831 Yadkin-030701 Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US) Stream Class: ❑Class B ❑303d Listed ❑WS-11 ❑WS-V ❑SB X❑Class C ❑ORW [—]Trout ❑WS-III ❑NSW ❑HQW ❑WS-I X❑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: ❑0— 1/10d'acre X❑1/1 Vh to 1/3rd acre 0.16 acres ❑1/3`dto 1.0 acre ❑> 1.0 acre Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet Additional comments: Compliance Issues Identified: ❑Yes X❑No Compliance issues identified: ❑Yes [:]No If yes,complete the section below: Looked at entire project. Most work is taking place at the southern ends of the project. Some other work such as shoulder work and repair of the slide areas are taking place along the rest of the project. Please continue to monitor the steep slope and blasting at the southern end of the project. Steep slopes and sediment could pose a problem if not properly controlled. The area along NCSR 1370 (Kirby Mountain Road) appears to be stable at the present time. This area should be watched carefully and additional sediment and erosion measures may be required. Continue to maintain sediment and erosion control structures to protect state surface waters. 03-31-10 US 321 Inspection Report WWY Awj •.,,., � NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 13,2010 Ms. Barbara Harmon Town of Rhodhiss P.O. Box 40 Rhodhiss,North Carolina28667-0040 Subject: NOTICE OF VIOLATION NOV-2010-PC-0341 Permit No.NCO025917 Town of Rhodhiss Rhodhiss WWTP Burke County Dear Ms. 1-larmon: A review has been conducted of Rhodhiss WWTP's self reported WWTP bypass 5-Day Report/s submitted by the Town of Rhodhiss. This review has shown the subject facility to be in violation of the requirements found in NPDES Permit NCO025917 and/or G.S. 143-215.1(a)(]). The violation/s that occurred are summarized below. Area Violation Date Description Violation Type WWTP Bypass 03/23/2010 WWTP Bypass Discharge Without NOV-2010-PC-0341 1,500 Gallons Valid Permit (Incident#201001298) Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions,please do not hesitate to contact Asheville Regional Staff or Janet Cantwell at 828-296-4500. If you have any questions regarding this policy please contact Asheville Regional Staff or Janet Cantwell at 828-296-4500, Sincerely, _ Roger C. Edwards Surface Water Protection Section Supervisor Division of Water Quality Asheville Region Cc: DWQ Asheville Files DWQ Central Files PERCS Unit �i'1''.13iri G'•�';i 4e4:i, i`'•.ktaniuihavl'.};hi?e(iss b\Wti'C[>'��I ',A(.)l'-Yt)[(t-P� .11 04-1?-10,doe 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 o Carolina Internet:www.ncwaterouality.org drv— aturallr� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 13, 2010 Mr. William McKee Whiteside Fund LP 9 Pack Square SW, Suite 300 Asheville,North Carolina 28716 Subject: Return of Application Quigley Project/State Stormwater Application SW1091201 DWQ 401 Project# 09-0533 Madison County ,)ear Mr. McKee: The Division of Water Quality (Division) submitted a request for additional information dated February 4, 2010 to Brooks Engineering Associates, with a copy to you at the above address, regarding the application for a state stormwater permit for the Quigley development project. The additional information was due March 8, 2010. As of this date, no additional information has been submitted and no written correspondence regarding the project has been received by this office. Therefore, the project application is considered incomplete and inadequate for review by the Division. Please note: No impacts associated with the subiect proiect are approved at this time. Because the Quigley development project has no approved stormwater permit, no impacts associated with the 401 Water Quality Certification application may be approved at this time. To pursue the project further, a new application, along with corresponding fee, will be required. 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 Internet:www.ncwaterqualo.org North.Carohn.a All An Equal Opportunity l Affirmative Action Employer ua��� Mr.McKee April 13,2010 Page 2 of 2 Upon receipt of a complete application, the Division will promptly review the package and respond accordingly. Please call Susan A. Wilson (828)296-4665, if you have any questions. Sincerely, Roger44 C. Edwards Regional Office Supervisor Surface Water Protection Section cc: Neill Yelverton, WNR, P.O. Box 882, Canton,NC 28716 John Kinnaird, P.E., Brook Engineering Associates, 17 Arlington St., Asheville, NC 28801 David Baker US Army Corps of Engineers Asheville Field Office David McHenry -North Carolina Wildlife Resources Commission Ian McMillan - 401 Permitting Unit ARO File copy S:\SWP\Madison\Stormwater\5-State Stormwater\SW1091201 Quigley\RETURN Quigley 4 2010.doc r Ar wr,�� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 13, 2010 Garvin Trinks, Maintenance Director McDowell County Board of Education 2107 Sugar Hill Road Marion, N.C. 28752 Subject: Permit No. WQ0034695 McDowell County Board of Education Sugar Hill Road Sewer Extension Wastewater Collection System Extension McDowell County Dear Mr. Trinks: In accordance with your application received March 25, 2010, we are forwarding herewith Permit No. WQ0034695, dated April 13, 2010, to McDowell County Board of Education for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Don Price a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. (Also note Permit Condition 12 regarding future flow allocation to the subject wastewater collection system.) Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143- 215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa,NC 28778 Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Garvin Trinks April 9, 2010 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 McDowell County Board of Education for the construction and operation of approximately 1274 linear feet of 8-inch gravity sewer, a 60—gallon per minute pump station with duplex pumps, on-site audible and visual high water alarms, on-site generator with automatic transfer switch; as well as approximately 612 linear feet of 3-inch force main to serve 13 3-bedroom residences, a 400 student school as part of the Sugar Hill Road Sewer Extension project, and the discharge of 10,680 gallons per day of collected domestic wastewater into the City of Marion's existing sewerage system, pursuant to the application received March 25,2010 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the City of Marion's Wastewater Treatment Facility (Permit No. NC0031879) prior to being discharged into the receiving stream. This permit shall become voidable unless the agreement between McDowell County Board of Education and the City of Marion for the collection and final treatment of wastewater is in full force and effect. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and �- binding. If you need additional information concerning this matter, please contact Don Price at (828) 296- 4500. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: McDowell County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0031879) William T Mobley, Jr., P.E./NCDPI-Plant Operation Section City of Marion-Corpening Creek WWTP-NCO031879 Surface Water Protection Section Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities.as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. PERMIT NO W00034695 McDowell County BOE Sugar Hill Rd Sewer Ext., McDowell County Apra L- 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings, and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life ' of the wastewater collection facilities. B. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 411T NO W00034695 McDowell County BOE, Sugar Hill Rd Sewer Ext.- McDowell County April 9 2010 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. 12. [ADDITIONAL WASTEWATER FOR UNKNOWN DEVELOPMENT] If, at any time, the additional wastewater flow volume made tributary to this sewer extension is believed to exceed the value permitted herein, a modification shall be requested for this permit from the Division of Water Quality to properly allocate the subject wastewater flow. 13. [FUTURE HOUSES] An additional permit amendment (complete with fee) must be requested and received from the Division of Water Quality prior to serving any units in addition to the 13 permitted herein. 14. [SCHOOL CLOSURE DUE TO PUMP STATION FAILURE] The waters which may be impacted in the case of a power failure of the pump station permitted herein are classified as C. In the event of a power failure of appreciable duration, the school which this pump station serves will be evacuated, thereby eliminating any appreciable wastewater flow to the pump station, and any possibility for overflow. Permit issued this the 131h day of April, 2010 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Col en H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0034695 3 PERMIT NO W00034695, McDowell County BOE--Sugar Hill Rd Sewer Ext.- McDowell County April 9:`,6 ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: permission is hereby granted to the McDowell County Board of Education for the construction and operation of approximately 1274 linear feet of 8-inch gravity sewer, a 60—gallon per minute pump station with duplex pumps, on-site audible and visual high water alarms, on-site generator with automatic transfer switch; as well as approximately 612 linear feet of 3-inch force main to serve 13 3-bedroom residences, a 400 student school as part of the Sugar Hill Road Sewer Extension project, and the discharge of 10,680 gallons per day of collected domestic wastewater into the City of Marion's existing sewerage system Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final l as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ......................................................................... ......................, SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 :.................................................................................................: The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. RMENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 13, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8984 Brookside Village Association 630 Brookside Camp Road Hendersonville,North Carolina 28792 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 NCO083313 Brookside Village Association Brookside Village WWTP Case No. LM-2010-0015 Henderson County Dear Sir: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$367.00 ($300.00 civil penalty+ $67.00 enforcement costs) against Brookside Village Association. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Brookside Village Association for the month of November 2009. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0083313. The violations which occurred in November 2009 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Brookside Village Association violated the terms, conditions or requirements of NPDES Permit NCO083313 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, l, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Brookside Village Association: NorthCarolina Naturatltf 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.ncwaterauality.org fir I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0083313, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for NH3-N - Cone. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $50.00 NC0083313, for failing to monitor Total Residual Chlorine twice weekly. $300.00 TOTAL CIVIL PENALTY $67.00 Enforcement Costs $367.00 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; --J (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. ,nesting remission is not the proper procedure for contesting whether the violation(s) iccurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7)business days following the faxed or electronic transmission. You should contao. the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh,NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. 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, Roge`E C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Asheville Files w/attachments DWQ Central Files w/attachments Bob Guerra/ DWQ Enforcement Files w/attachments James & James Environmental/ORC w/attachments �, 'i 1'1 .33crler 3ia lG'isL,...try,'- •t.n,3';a3t'r.l.sidc.ViIId,.. 83'111.f.%1 010-001504-12-Indox; JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LM-2010-0015 County: Henderson Assessed Party: Brookside Village Association Permit No. • NC0083313 Amount Assessed: $367.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences) (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONME , AND NATURAL RESOURCES COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS BROOKSIDE VILLAGE ASSOCIATION ) PERMIT NO. NCO083313 ) FILE NO. LM-2010-0015 Having been assessed civil penalties totaling $367.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated April 13, 2010, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ` � ADDRESS TELEPHONE a d ui IL IL o W o z 0) z 5 O m O y F c > O_ a. O a� t > > U Q � Z O w!= w� >� `O >� O� d OJ W W F W JJ tn0 JJ > v � c o � � � J J C d 07 — O=) {}�. f-(n F U) 01 ` Z Q Z 6 O 7w 0a U O N Id O O Q N V- V Z z N O w w W Y Q N O o O (D �� 01 uJ x W 3 J � X � X U. N tL N m z 0) z F- O OW o OW o Q HQ M ~Q I Z p0 p0 > > m U IL a� U w o w W yN F. U F- Z a Of Y Q Z Q O O Q a z n U m D Q Q U U w U w < p O LL LLa o LLa o Fa o Fn. o O N O T- 0 C 0 Cl) K� o R of� o o C Ora N p Ora N U 0 z� j z� z � CY � F 0 L J O 0 O CL z N 0 z LO t J a "' 2 a va o r r r s r (( r O F < < < 6 < I0 m m o 0 0 -u phi O m m a CDv o coo tG Q rn 6 0 0 0 0 3 p 3 CD CD NI N tWD J N NN Ui - N -1 A O D Z W ca Cn n a O S O rn f CD O x 7C N PO PO 00 CA (n O- V V (D .W.. 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Sullins Dee Freeman Governor Director Secretary April 13, 2010 Bob Shepherd Town of Columbus PO Box 146 Columbus NC 287220146 SUBJECT: Compliance Evaluation Inspection Columbus WWTP Permit No: NCO021369 Polk County Dear Mr.Shepherd: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on March 18, 2010. The facility appeared to be in Compliance with permit NC0021369. 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: Robert Rosseter, Utilities Director Central Files Asheville Files f � SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S. Highway 70,Swannanoa, NC 28778 NorthCarolina Phone: (828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 �aturallr� Internet:www.ncwaterguality.org S:\SWP\Polk\Wastewater\Municipal\Columbus WWTP 21369\21369 CEI 03-18-10.doc m w 0 Z a 2 0 o ` z Y m a IN m -` D H, m Q mc � v C o B CD m V O S N 0 n m H g N p - C �a m 3rg3 p -u CD 3 a ID .7. c °� v D - Ch A a C 3 n n o zv e z omo- _a v m m S n C o D] m � 00 3 3 m n a m m D c ° o yy D w p O N p ■■ N m 3 frt lY 2 3 0 0 p 2 w a o v " lo CA O p N w z a Cm 3 i N a CD a �; 10 - w o 10 Z - 3 z m p m m N0 n . x w m 3 m 3 m ° a N a ° N �pm rf m O a w m-1 00 vro <CD .� d ro N N z N j m O ro Y v 0 m ..N N Na 3y � m m w a ro O N O"j N m^• ro� a I ro O y LCD N a p 3 c. 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Edmisten, Director of Public Utilities City of Lenoir 11.0 .Box 958 Lenoir,North Carolina 28645-0958 Subject: NOTICE OF VIOLATION NOV-2010-DV-0185 NOV-2010-DV-0186 NOV-2010-DV-0187 Permit No. WQCS00035 City of Lenoir Lenoir Collection System Caldwell County Dear Mr. Edmisten: A review has been conducted of Lenoir Collection System's self reported Sanitary Sewer Overflows(SSO's) 5-Day Report/s submitted by Richard D. Williams. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00035 and/or G.S. 143-215.1(a)(1). The violations that occurred are summarized below. Area Violation Date Description Violation Type CSO/SSO (Sewer Overflow) 03/22/2010 Sanitary Sewer Overflow Discharge NOV-2010-DV-0185 738 Gallons Without Valid Permit (Incident# 201001190) CSO/SSO (Sewer Overflow) 03/25/2010 Sanitary Sewer Overflow Discharge NOV-2010-DV-0186 588 Gallons Without Valid Permit (Incident# 201001212) CSO/SSO (Sewer Overflow) 03/26/2010 Sanitary Sewer Overflow Discharge NOV-2010-DV-0187 280 Gallons Without Valid Permit (Incident# 201001220) SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE 99 Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCaroll/ina Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 Vatuta[[ff Internet:www.ncwaterguality.orci �J Mr. Mack W. Edmisten April 14, 2010 Page 2 Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 10 (ten) working days of receipt of this letter addressing the details of these incidents in the corresponding 5-day reports. If you should have any questions, please do not hesitate to contact Asheville Regional Staff or Janet Cantwell at 828-296-4500. Sincerely, Revt Roger C. Edwards Surface Water Protection Section Supervisor Division of Water Quality Asheville Region Cc: DWQ ARO Files DWQ Central Files PERCS Unit S NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 14,2010 Mr. A. Lee Galloway,Town Manager Town Of Waynesville P.O. Box 100 Waynesville,North Carolina 28786 Subject: NOTICE OF VIOLATION NOV-2010-DV-0171 Permit No.WQCS00039 Town Of Waynesville Waynesville Collection System Ilaywood County Dear Mr. Galloway: A review has been conducted of Waynesville Collection System's self reported Sanitary Sewer Overflows (SSO's)5-Day Report/s submitted by Wentford Lee Henson. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00039 and/or G.S. 143-215.1(a)(1). The violation/s that occurred are summarized below. Area Violation Date Description Violation Type CSO/SSO (Sewer Overflow) 03/03/2010 Sanitary Sewer Overflow Discharge Without NOV-2010-DV-0171 50 Gallons Valid Permit (Incident# 201001045) This is being sent due to inadequate details in the 5-day report. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should address the causes of noncompliance to prevent the recurrence of similar situations. If you should have any questions,please do not hesitate to contact Asheville Regional Staff or Janet Cantwell at 828- 296-4500. Sincerely, Roger C. Edwards Surface Water Protection Section Supervisor Division of Water Quality Asheville Region Cc: DWQ Asheville Files DWQ Central Files PERCS Unit s.•`51A'1'`1[��r�«o�.('ol,lkcti,ii`N'sIelr lie,yiIIe Collection� w1t�r',RC)4'-7a1i1)-i:)`� Ci("77.U4-12-1{1.c1ec SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolina Phone:(828)296-4500TAX:828 299-7043\Customer Service: 1-877-623-6748 Naturally Internet:www.ncwaterguality.org WAVIA w �� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 15, 2010 Richard Herman, President Leisure Craft, Inc. 940 Upward Road Hendersonville, N.C. 28739 Subject: Permit No. W00034696 Leisure Craft, Inc. Leisure Craft Sewer System Improvements Wastewater Collection System Extension Henderson County Dear Mr. Herman: In accordance with your application received March 24, 2010, and additional information received on April 13, 2010, we are forwarding herewith Permit No. WQ0034696, dated April 15, 2010, to Leisure Craft, Inc. for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Don Price a copy of the "notice to proceed issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. (Also note Permit Condition 12 regarding future flow allocation to the subject wastewater collection system.) Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 27r; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143- 215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa,NC 28778 Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Richard Herman, President Leisure Craft Inc. April 15, 2010 Pay 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 Leisure Craft, Inc for the construction and operation of a 15—gallon per minute pump station with duplex pumps, on-site audible and visual high water alarms, and a portable generator receptacle with telemetry as well as approximately 2,465 linear feet of 1'/z-inch force main to serve a 80 employee manufacturing facility as part of the Leisure Craft Sewer System project, and the discharge of 2000 gallons per day of collected domestic wastewater into the City of Hendersonville's existing sewerage system, pursuant to the application received March 24,2010 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit; The sewage and wastewater collected by this system shall be treated in the City of Hendersonville's Wastewater Treatment Facility (Permit No. NC0025534) prior to being discharged into the receiving stream. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Don Price at (828) 296- 4500. Sincerely, for�Coen H. Sullins, Director Division of Water Quality cc: Henderson County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0025534) Michael T. Dowd, P.E./McGill Associates City of Hendersonville-Lee Smith, Utilities Director Surface Water Protection Section Central Files PERCS Files SASWMHenderson\Collection Systems\Hendersonville CS\W00034696 Leisure Craft 04 14 2010.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual ' permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. 1 PERMIT NO. W00034696 Leisure Craft Inc. Leisure Craft Sewer System, Henderson County Aril 1 , 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617, 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 ,MIT NO W00034696,Leisure Craft Inc Leisure Craft Sewer System, Henderson County April 15. 2010 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. 12. [FACILITY CLOSURE DUE TO PUMP STATION FAILURE] The waters which may be impacted in the case of a power failure of the pump station permitted herein are classified as C. In the event of a power failure of appreciable .duration, the facility which this pump station serves will be evacuated, thereby eliminating any appreciable wastewater flow to the pump station, and any possibility for overflow. Permit issued this the 15t" day of April, 2010 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION l for tol4n H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0034696 3 PERMIT NO W00034696, Leisure Craft Inc Leisure Craft Sewer System, Henderson County April 15 c ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: permission is hereby granted to the Leisure Craft, Inc for the construction and operation of a 15—gallon per minute pump station with duplex pumps, on-site audible and visual high water alarms, and a portable generator receptacle with telemetry as well as approximately 2,465 linear feet of 1%-inch force main to serve a 80 employee manufacturing facility as part of the Leisure Craft Sewer System project, and the discharge of 2000 gallons per day of collected domestic wastewater into the City of Hendersonville's existing sewerage system Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines)of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have-been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑weekly, ❑ full time) the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ................................................................................................. SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ................................................................................................ The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. 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 April 15, 2010 Paula Peterson Kevin's Country Carpets PO Box 712 Burnsville NC 28714 SUBJECT: Compliance Evaluation Inspection Sawmill Hollow Road @ U.S.19-E Permit No: NCG550701 Yancey County Dear Mrs. Peterson: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on April 1, 2010. The facility appeared to be in Compliance with permit NCG550701. The owner should insure that the system is in compliance with the permit at all times. Please refer to the enclosed inspection report for additional observations and comments. If you have any questions, please call me at 828-296-4500. Sincerely, 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 doe Phone: (828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 )Vatu ally Internet:www.ncwaterguality.org S:\SWP\Yancey\Wastewater\General\NCG55 SFR\NCG550701 CEI 04 01 2010. . : . . . a. . . . . . . . . . . . . . �. . . . . . . a. . . . . . �-- -- -. . w . : . . . . . � 2LL } //6 . . ;§) \ ) | ) o . \ /D « fsz \ \ E }\/ \ � _ | ow F \ 7tg \ ( ) ) \// . . #%CL \ \ \ 12 /\\ ( � > w ® ° \ ! \ . \ / ` ; E � ) / »g k ! k ) ~ \ » )\ { } k � $ ] ) \ arc ! _ ¥ / ) { ■ 7 '9 0 ) d � E . \ 2 § t « ! (D #7 u - . ! §E [ E ƒ }� \ )\ . , \ k \ . � � - / \ � � co r ( } ! ! { i£ / }( Bma }ag, ! E 2 ! k % ! _ %.. } § § ) §� .0 ƒ ( \ ( 2 5 111, ® ( } ; ■ ! ) ! / 1 / } z . - 12, - 2 = LE. ° } � \ CD m ol CD CD } CD e I { _ CL - § \ ) - � \ o . o . . £ . . e ! o . ■ . . o , , e e o 0 o r o o ■ ! g e ! o 0 0 0 0 ! / 0 e o . o o ; o 0 a ■ o § o e ■ o o ; { . ■ e ■ o e ; 0 0 0 ; 0 0iz o o e o o m / d^: %�! 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 15, 2010 Farrell Hughes Hughes Commercial Property 1036US Hwy 19E Burnsville NC 28714 SUBJECT: Compliance Evaluation Inspection 1036 U.S. Highway 19-E Permit No: NCG550827 Yancey County Dear Mr. Hughes: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on April 1, 2010. The facility appeared to be in Compliance with permit NCG550827. The owner should insure that the system is in compliance with the permit at all times. Please refer to the enclosed inspection report for additional observations and comments. If you have any questions, please call me at 828-296-4500. Sincerely, Jeff Menzel Environmental Specialist Enclosure cc: Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 Nort11Carolina Phone: (828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 �atura!!t� Internet:www.ncwaterguality.ora S:\SWP\Yancey\Wastewater\General\NCG55 SFR\NCG550827 CEI 04 01 2010.doc m A 0 � z W z � Z m fD m m Ell od z (D o w 3 r m � N � c " •� x ug z` "' � m O a D M Y 0 O 3 (D m A T m 0 Za So m 3 . e O j n ° M n S 3a m m c n m ] � o CD � c D Z O u Z Z a N P 3 G y m 3 - m o 3 O 2 N 0 ¢ Z m 3 N N n O •`o m n 0 m m - f o. w G m j z ° CD R 3 " ° 0 m N 0 3 ti m 3 x m y a > v 0 o w m o m 3 � ` o m � � T o C � o o ° m 3s m v� z z m �Q o 0 m N N N N I N a0 3 na d m3 oy 40-• a 4 - v 6 3 0 3 n. 3 N � C N �,o y E. x d a m o< a $s o " CD So 0 CSo O m ~ N S N y N G am - 0,g �.o a N W 7 a N N N F N 3 m N� � N � N N (U m 3 d N w Z ❑ ❑ z ❑ ❑ ❑ ❑ ❑ Z ❑ ❑ ❑ Z ❑ ■ Z ❑ ❑ ■ ❑ ❑ Z ❑ ❑ ❑ z ❑ ❑ z ❑ ❑ ❑ ■ ❑ Z ❑ ❑ ❑ > y > T w v � m N r m O. EO ° - c o w 3 m o T c c c F y � _ m Lv O a n O N m T.. ` g � V a C 0 _ c v N a z � m a m E tiFF `c 0 C V m U N L O C $ m m C c N N E L_ U p m 3 �. O m .P N '^ y N p, Z O C T U O .F m41 a a ° ui m « o.IL a 3 w � u a N a E a w 5 m = E c m E m A " E € v mdv m o �' a�i o m _ O''i U t0 . W - Q _ U KUM North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 15, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8960 Mr. Al B. Matthews, Town Manager Town of Canton 58 Park Street Canton,North Carolina 28716 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE Permit No. WQCS00307 NOV-2010-DV-0188 i Town of Canton -- Canton Collection System Hay,,vood County Dear Mr. Matthews: A review has been conducted of the Canton Collection System's self reported Sanitary Sewer Overflows (SSO's) 24-Hour Report called in by Mr. 1Zichie I-lodge. This review and failure to submit the required 5-Day Report have shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00307 and/or G.S. 143-215.1(a)(1). The violations that occurred are summarized below. Area Violation Date Description Violation Type CSO/SSO 02/04/201.0 Sanitary Sewer Overflow Discharge Without (Sewer Overflow) 900 Gallons Valid Permit NOV-2010-DV-0188 (Incident#201000505) 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.ncwaterquality.org ahfiraliff An Equal Opportunity 1 Affirmative Action Employer Mr. Al Matthews April 15, 2010 Page 2 Area Violation Date Description Violation Type CSO/SSO 02/09/2010 5-Day Report Failure to Submit (Sewer Overflow) Required 5-Day NOV-2010-DV-0188 Report Remedial actions should be taken to correct this problem. The Division of Water Quality is considering pursuing enforcement action for this violation. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations and respond in writing to this office within 10 (ten) days of receipt of this letter. If you should have any questions, please do not hesitate to contact the Asheville Regional Staff or Janet Cantwell at 828-296-=4500. Sincerely, -7)&V c Roger C. Edwards Surface Water Protection Section Supervisor Division of Water Quality Asheville Region Cc: DWQ Asheville Files DWQ Central Files PERCS Unit 5. til'1`.I la,m".'od'.Collcetion Collection SN}icm NO '`o l 2010-d7V 018,%,A;�c 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 April 15,2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8977 Mr. Parks Banks P.O.Box 387 Barnardsville,North Carolina 28709 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE NOV-2010-DV-0189 Permit No. WQCSD0471 Parks Banks Ridgeview Acres Mobile Home Park Collection System Buncombe County Dear Mr. Banks: A review has been conducted of Ridgeview Acres Mobile Home Park's self reported Sanitary Sewer Overflows(SSO's)5-Day Report/s submitted by Trevor McMinn. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCSD0471 and/or G.S. 143-215.1(a)(1). The violation/s that occurred are summarized below. Area Violation Date Description Violation Type CSO/SSO (Sewer 03/12/2010 Sanitary Sewer Overflow Discharge Without Overflow) 600 Gallons Valid Permit NOV-2010-DV-0189 (Incident#201001116) Remedial actions should be taken to correct this problem. The Division of Water Quality is considering pursuing enforcement action for this violation. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations and respond in writing to this office within 10(ten)days of receipt of this letter. If you should have any questions,please do not hesitate to contact Asheville Regional Staff or Janet Cantwell at 828-296-4500. Sincerely, Roger. Edwards Surface Water Protection Section Supervisor Division of Water Quality Asheville Region Cc: DWQ Asheville Files DWQ Central Files Trevor McMinn/ORC S_: One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-29645001 FAX:828-299-70431 Customer Service:1-877-623-6748 I, Internet: www.ncwaterquality.org ��a'ah(ra!!i//� An Equal Opportunity 1 Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 16, 2010 Mr. Doyle Freeman, Director of Utilities Henderson County Utilities 100 N. King Street Suite 210 Hendersonville, North Carolina 28792-5053 Subject: NOTICE OF VIOLATION NOV-2010-MV-0035 Permit No. NCO086070 Western Justice Academy WWTP Henderson County Dear Mr. Freeman: A review of Western Justice Academy WWTP's monitoring report for November 2009 showed the following violations: Parameter Date Measuring Violation Frequency Flow, Continuous 11/28/2010 & Continuous Failure to Monitor 11/29/2010 It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked"Non-Compliant"with an explanation of the reason for the non-compliance. In addition, please remember to mark State holidays on the DMR. Please send an amended DMR to Raleigh. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files Mark Jones/ORC S:,SWPIHenderson\WastewateitMinors\Ja.stice Academy 86070iNOV.2010-Mb'0035.dor NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www,newaterauality.ora FAX (828)299-7043 1-877-623-6748 ' L 1 A!J NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 16,2010 Mr. Jim Fatland Town of Highlands 210 N. Fourth Street Highlands,North Carolina 28741 Subject: NOTICE OF VIOLATION NOV-2010-MV-0036 Permit No.NCO032778 4th Street Water Treatment Plant Macon County Dear Mr. Fatland: A review of 4th Street WTP's monitoring report for September 2009 showed the following violation: Parameter Date Measuring Violation Frequency Total Suspended Residue 09/30/2009 Twice Monthly Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked"Compliant"when in fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If the above parameter was left off inadvertently please send an amended DMR to Raieigh. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, e, Roger C. Edwards,Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files S:' i bc«uai aief'-Alumord"11lis€,taian&s kk'jvi 1'11ant 3>?,73.NOV 2_01041V-0016.doc- NoAhCarolina AM MAY 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 L WA WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 16,2010 Merle D. and Debra J.Andrews 8487 US Highway 221 North Marion,North Carolina 28752 Subject: NPDES Stormwater Permit Application Notice of Intent(NOI)NCG020000 McDowell County Response deadline: May 14, 2010 Dear Messrs. Andrews: The Division of Water Quality(DWQ)has become aware of your mineral mining(rock sorting)activity at your property identified by PIN 0795-97-1272. Due to that activity, and its associated SIC code,your facility must have coverage under the stormwater general permit NCG020000. - A copy of an application (NOI) is attached to this letter, along with an explanation of the stormwater permit. DWQ recommends that you obtain a qualified environmental engineer, or otherwise qualified consultant, experienced in stormwater measures,to assist you with your application. Continued discharge of stormwater, and/or failure to apply for an NPDES stormwater permit, may subject you to civil penalty fines up to$25,000 per day per violation. Please contact me(Kevin Barnett)at 828-296-4500, if you have any questions about this letter or the stormwater application. Sinc , ly, evin Barnett, Environmental Specialist Surface Water Protection,Asheville Regional Office cc: Division of Land Resources, Asheville Regional Office McDowell County Planning ARO File copy 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 l Customer Service:1-877-623-6748 /`I' Internet: www.ncwaterquality.org atura!! An Equal Opportunity 1 Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 16, 2010 Merle D. and Debra J. Andrews 8487 US Highway 221 North Marion,North Carolina 28752 Subject: NPDES Stormwater Permit Application Notice of Intent(NOI)NCG020000 McDowell County Response deadline: May 14, 2010 Dear Messrs. Andrews: The Division of Water Quality(DWQ)has become aware of your mineral mining(rock sorting)activity at your property identified by PIN 0795-86-7748. Due to that activity, and its associated SIC code,your facility must have coverage under the stormwater general permit NCG020000. A copy of an application (NOI) is attached to this letter, along with an explanation of the stormwater permit. DWQ recommends that you obtain a qualified environmental engineer, or otherwise qualified consultant, experienced in stormwater measures,to assist you with your application. Continued discharge of stormwater, and/or failure to apply for an NPDES stormwater permit, may subject you to civil penalty fines up to$25,000 per day per violation. Please contact me(Kevin Barnett)at 828-296-4500, if you have any questions about this letter or the stormwater application. >Sincer,enett, Environmental Specialist Surface Water Protection, Asheville Regional Office cc: Division of Land Resources, Asheville Regional Office McDowell County Planning ARO File copy 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.ncwaterquality.org Natura!!f An Equal Opportunity 1 Affirmative Action Employer ALF I-2WA FqCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 16, 2010 Ronnie R. Stevens Carolina Greystone Quarries Post Office Box 2423 Marion,North Carolina 28752 Subject: NPDES Stormwater Permit Application Notice of Intent(NOI)NCG020000 McDowell County Response deadline: May 14, 2010 Dear Mr. Stevens: The Division of Water Quality(DWQ)has become aware of your mineral mining(rock sorting)activity at your property identified by PIN 0793-61-9027. Due to that activity, and its associated SIC code,your facility must have coverage under the stormwater general permit NCG020000. ` A copy of an application (NOI)is attached to this letter, along with an explanation of the stormwater permit. DWQ recommends that you obtain a qualified environmental engineer, or otherwise qualified consultant, experienced in stormwater measures,to assist you with your application. Continued discharge of stormwater, and/or failure to apply for an NPDES stormwater permit, may subject you to civil penalty fines up to$25,000 per day per violation. Please contact me(Kevin Barnett)at 828-296-4500, if you have any questions about this letter or the stormwater application. Si: y Kevin Barnett, Environmental Specialist Surface Water Protection,Asheville Regional Office cc: Division of Land Resources, Asheville Regional Office McDowell County Planning ARO File copy SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna Phone:828-296450M FAX:828-299-70431 Customer Service:1-877-623-6748 //� Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer aturaf L RCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 16,2010 Ronnie R. Stevens Carolina Greystone Quarries Post Office Box 2423 Marion,North Carolina 28752 Subject: NPDES Stormwater Permit Application Notice of Intent(NOI)NCG020000 McDowell County Response deadline: May 14, 2010 Dear Mr. Stevens: The Division of Water Quality(DWQ)has become aware of your mineral mining(rock sorting)activity at your property identified by PIN 0794-62-6601. Due to that activity,and its associated SIC code,your facility must have coverage under the stormwater general permit NCG020000. A copy of an application (NOI) is attached to this letter, along with an explanation of the stormwater permit. DWQ recommends that you obtain a qualified environmental engineer, or otherwise qualified consultant, experienced in stormwater measures,to assist you with your application. Continued discharge of stormwater, and/or failure to apply for an NPDES stormwater permit,may subject you to civil penalty fines up to$25,000 per day per violation. Please contact me (Kevin Barnett)at 828-296-4500, if you have any questions about this letter or the stormwater application. Sincerely, Kevin Barnett, Environmental Specialist Surface Water Protection, Asheville Regional Office cc: Division of Land Resources,Asheville Regional Office McDowell County Planning ARO File copy < 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 r/� Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer �turQL[ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 16, 2010 Michael B. and Angela Waycaster 5491 Us Highway 221 North Marion,North Carolina 28752 Subject: NPDES Stormwater Permit Application Notice of Intent(NOI)NCG020000 McDowell County Response deadline: May 14, 2010 Dear Messrs. Waycaster: The Division of Water Quality(DWQ)has become aware of your mineral mining(rock sorting)activity at your property identified by PIN 0794-62-0755. Due to that activity, and its associated SIC code,your facility must have coverage under the stormwater general permit NCG020000. A copy of an application (NOI) is attached to this letter, along with an explanation of the stormwater permit. DWQ recommends that you obtain a qualified environmental engineer, or otherwise qualified consultant, experienced in stormwater measures,to assist you with your application. Continued discharge of stormwater, and/or failure to apply for an NPDES stormwater permit, may subject you to civil penalty fines up to $25,000 per day per violation. Please contact me(Kevin Barnett)at 828-296-4500, if you have any questions about this letter or the stormwater application. 1 J Since 4. Kevin Barnett, Environmental Specialist Surface Water Protection, Asheville Regional Office cc: Division of Land Resources, Asheville Regional Office McDowell County Planning ARO File copy SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S,Highway 70,Swannanoa,North Carolina 28778 NOrthCaroflna Phone:828-296-450M FAX:828-299-70431 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org Nat'/ // umllff An Equal Opportunity 1 Affirmative Action Employer A 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 April 16, 2010 Julian C. Felty Sr., Margarette Felty, and Carolyn Waycaster 198 Elk Drive Wytheville, Virgina 24382 Subject: NPDES Stormwater Permit Application Notice of Intent(NOI)NCG020000 McDowell County Response deadline:May 14, 2010 Dear Messrs. Felt, Felty, and Waycaster: The Division of Water Quality(DWQ)has become aware of your mineral mining(rock sorting)activity at your property identified by PIN 0794-52-7924. Due to that activity, and its associated SIC code,your facility must have coverage under the stormwater general permit NCG020000. A copy of an application(NOI)is attached to this letter, along with an explanation of the stormwater permit. DWQ recommends that you obtain a qualified environmental engineer, or otherwise qualified consultant, experienced in stormwater measures,to assist you with your application. Continued discharge of stormwater, and/or failure to apply for an NPDES stormwater permit, may subject you to civil penalty fines up to$25,000 per day per violation. Please contact me(Kevin Barnett)at 828-296-4500, if you have any questions about this letter or the stormwater application. Sinpe ',K nett, Environmental Specialist Surface Water Protection,Asheville Regional Office cc: Division of Land Resources, Asheville Regional Office McDowell County Planning ARO File copy SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One,t, Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NO1111Car01111a Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 //� Internet: www,ncwaterquality.org �aturaLL An Equal Opportunity 1 Affirmative Action Employer MA 21 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 16, 2010 Ethel Waycaster 5455 US Highway 221 North Marion,North Carolina 28752 Subject: NPDES Stormwater Permit Application Notice of Intent(NOI)NCG020000 McDowell County Response deadline: May 14, 2010 Dear Ms. Waycaster: The Division of Water Quality(DWQ)has become aware of your mineral mining(rock sorting)activity at your property identified by PIN 0794-52-0778. Due to that activity, and its associated SIC code,your facility must have coverage under the stormwater general permit NCG020000. A copy of an application (NOI) is attached to this letter, along with an explanation of the stormwater - permit. DWQ recommends that you obtain a qualified environmental engineer, or otherwise qualified consultant, experienced in stormwater measures,to assist you with your application. Continued discharge of stormwater, and/or failure to apply for an NPDES stormwater permit, may subject you to civil penalty fines up to$25,000 per day per violation. Please contact me(Kevin Barnett)at 828-296-4500, if you have any questions about this letter or the stormwater application. Sincere r� ; Kevl Barnett, Environmental Specialist Surface Water Protection, Asheville Regional Office cc: Division of Land Resources, Asheville Regional Office McDowell County Planning ARO File copy SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One Location:2090 U,S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-29645001 FAX:828-299-70431 Customer Service:1-877-623-6748 AdurallY Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 16, 2010 Timothy Kevin Washburn Post Office Box 1598 Marion,North Carolina 28752 Subject: NPDES Stormwater Permit Application Notice of Intent(NOI)NCG020000 McDowell County Response deadline: May 14, 2010 Dear Mr. Washburn: The Division of Water Quality(DWQ)has become aware of your mineral mining(rock sorting)activity at your property identified by PIN 0794-61-1873. Due to that activity,and its associated SIC code,your facility must have coverage under the stormwater general permit NCG020000. A copy of an application(NOI) is attached to this letter,along with an explanation of the stormwater permit. DWQ recommends that you obtain a qualified environmental engineer,or otherwise qualified consultant, experienced in stormwater measures,to assist you with your application. Continued discharge of stormwater, and/or failure to apply for an NPDES stormwater permit, may subject you to civil penalty fines up to$25,000 per day per violation. Please contact me(Kevin Barnett)at 828-296-4500, if you have any questions about this letter or the stormwater application. Sincer ly Kevin Barnett, Environmental Specialist Surface Water Protection, Asheville Regional Office cc: Division of Land Resources,Asheville Regional Office McDowell County Planning ARO File copy SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 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 // Internet: www.ncwaterquality.org �atumlly An Equal Opportunity 1 Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 16, 2010 Timothy Kevin Washburn Post Office Box 1598 Marion,North Carolina 28752 Subject: NPDES Stormwater Permit Application Notice of Intent(NOI)NCG020000 McDowell County Response deadline: May 14, 2010 Dear Mr. Washburn: The Division of Water Quality(DWQ)has become aware of your mineral mining(rock sorting) activity at your property identified by PIN 0793-57-8598. Due to that activity, and its associated SIC code,your facility must have coverage under the stormwater general permit NCG020000. A copy of an application (NOI) is attached to this letter, along with an explanation of the stormwater permit. DWQ recommends that you obtain a qualified environmental engineer, or otherwise qualified consultant,experienced in stormwater measures,to assist you with your application. Continued discharge of stormwater, and/or failure to apply for an NPDES stormwater permit, may subject you to civil penalty fines up to $25,000 per day per violation. Please contact me(Kevin Barnett) at 828-296-4500, if you have any questions about this letter or the stormwater application. 2in a. Barnett, Environmental Specialist Surface Water Protection,Asheville Regional Office cc: Division of Land Resources, Asheville Regional Office McDowell County Planning ARO File copy SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOr thCaroh 1a Phone:828-29645001 FAX:828-299-70431 Customer Service:1-877-623-6748 // Internet: www,ncwaterquai4.org �t�r�[ An Equal Opportunity 1 Affirmative Action Employer A74LA. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 16, 2010 Dean Honeycutt Post Office Box 2423 Nebo,North Carolina 28761 Subject: NPDES Stormwater Permit Application Notice of Intent(NOI)NCG020000 McDowell County Response deadline: May 14, 2010 Dear Mr. Honeycutt: The Division of Water Quality(DWQ)has become aware of your mineral mining(rock sorting)activity at your property identified by PIN 0793-58-4073. Due to that activity, and its associated SIC code,your facility must have coverage under the stormwater general permit NCG020000. A copy of an application(NOI) is attached to this letter, along with an explanation of the stormwater permit. DWQ recommends that you obtain a qualified environmental engineer, or otherwise qualified consultant, experienced in stormwater measures,to assist you with your application. Continued discharge of stormwater, and/or failure to apply for an NPDES stormwater permit, may subject you to civil penalty fines up to$25,000 per day per violation. Please contact me(Kevin Barnett)at 828-296-4500, if you have any questions about this letter or the stormwater application. 7evin Barnett, Environmental Specialist Surface Water Protection, Asheville Regional Office cc: Division of Land Resources, Asheville Regional Office McDowell County Planning ARO File copy 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 l Customer Service:1-877-623-6748 Internet: www.ncwaterqual4.org Naf y+ i abbff An Equal Opportunity 1 Affirmative Action Employer A RCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 16, 2010 Van Boyd 272 Stockton Road Marion,North Carolina 28752 Subject: NPDES Stormwater Permit Application Notice of Intent(NOI)NCG020000 McDowell County Response deadline: May 14, 2010 Dear Mr. Boyd: The Division of Water Quality(DWQ)has become aware of your mineral mining(rock sorting)activity at your property identified by PIN 0793-57-4818. Due to that activity,and its associated SIC code,your facility must have coverage under the stormwater general permit NCG020000. A copy of an application(NOI) is attached to this letter, along with an explanation of the stormwater permit. DWQ recommends that you obtain a qualified environmental engineer, or otherwise qualified consultant, experienced in stormwater measures,to assist you with your application. Continued discharge of stormwater, and/or failure to apply for an NPDES stormwater permit, may subject you to civil penalty fines up to $25,000 per day per violation. Please contact me(Kevin Barnett)at 828-296-4500, if you have any questions about this letter or the stormwater application. Since e y, Kevin Barnett, Environmental Specialist Surface Water Protection,Asheville Regional Office cc: Division of Land Resources, Asheville Regional Office McDowell County Planning ARO File copy 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.ncwaterqual4.org Natu // ra!!f An Equal Opportunity 1 Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 16, 2010 Joe Hall Post Office Box 1122 Marion,North Carolina 28752 Subject: NPDES Stormwater Permit Application Notice of Intent(NOI)NCG020000 McDowell County Response deadline: May 14, 2010 Dear Mr. Hall: The Division of Water Quality(DWQ)has become aware of your mineral mining(rock sorting)activity at your property identified by PIN 0793-57-4757. Due to that activity, and its associated SIC code, your facility must have coverage under the stormwater general permit NCG020000. A copy of an application (NOI) is attached to this letter, along with an explanation of the stormwater permit. DWQ recommends that you obtain a qualified environmental engineer, or otherwise qualified consultant, experienced in stormwater measures,to assist you with your application. Continued discharge of stormwater, and/or failure to apply for an NPDES stormwater permit, may subject you to civil penalty fines up to$25,000 per day per violation. Please contact me(Kevin Barnett)at 828-296-4500, if you have any questions about this letter or the stormwater application. Sincer y Kevin Barnett, Environmental Specialist Surface Water Protection, Asheville Regional Office cc: Division of Land Resources, Asheville Regional Office McDowell County Planning ARO File copy SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One t. 1 Location:2090 U.S,Highway 70,Swannanoa,North Carolina 28778 NOTt11Car011lla J Phone:828-296-450M FAX:828-299-70431 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org Natural{// 1/ An Equal Opportunity 1 Affirmative Action Employer i/ A,74�'a RCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 16,2010 Michael E. and Linda Waycaster 99 North Waycaster Drive Marion,North Carolina 28752 Subject: NPDES Stormwater Permit Application Notice of Intent(NOI)NCG020000 McDowell County Response deadline: May 14, 2010 Dear Messrs.Waycaster: The Division of Water Quality(DWQ)has become aware of your mineral mining(rock sorting)activity at your property identified by PIN 0793-55-0881. Due to that activity, and its associated SIC code,your facility must have coverage under the stormwater general permit NCG020000. - A copy of an application(NOI) is attached to this letter, along with an explanation of the stormwater permit. DWQ recommends that you obtain a qualified environmental engineer, or otherwise qualified consultant, experienced in stormwater measures,to assist you with your application. Continued discharge of stormwater, and/or failure to apply for an NPDES stormwater permit, may subject you to civil penalty fines up to$25,000 per day per violation. Please contact me(Kevin Barnett)at 828-296-4500, if you have any questions about this letter or the stormwater application. Sincere , K m Barnett, Environmental Specialist Surface Water Protection, Asheville Regional Office cc: Division of Land Resources, Asheville Regional Office McDowell County Planning ARO File copy SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One Location:2090 U,S.Highway 70,Swannanoa,North Carolina 28778 NOIthCar01111a Phone:828-29645001 FAX:828-299-70431 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org �atur�"// � An Equal Opportunity 1 Affirmative Action Employer ;:A FqCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 16,2010 Paul and Margaret Boyd 3494 US Highway 221 North Marion,North Carolina 28752 Subject: NPDES Stormwater Permit Application Notice of Intent(NOI)NCG020000 McDowell County , Response deadline: May 14, 2010 Dear Messrs. Boyd: The Division of Water Quality(DWQ) has become aware of your mineral mining(rock sorting)activity at your property identified by PIN 0793-71-4219. Due to that activity, and its associated SIC code,your facility must have coverage under the stormwater general permit NCG020000. A copy of an application(NOI) is attached to this letter, along with an explanation of the stormwater permit. DWQ recommends that you obtain a qualified environmental engineer, or otherwise qualified consultant, experienced in stormwater measures,to assist you with your application. Continued discharge of stormwater, and/or failure to apply for an NPDES stormwater permit, may subject you to civil penalty fines up to $25,000 per day per violation. Please contact me(Kevin Barnett)at 828-296-4500, if you have any questions about this letter or the stormwater application. Sincerel Kevin Barnett,Environmental Specialist Surface Water Protection, Asheville Regional Office cc: Division of Land Resources, Asheville Regional Office McDowell County Planning ARO File copy 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 �aturallr�Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer LT NWA RCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 16, 2010 Teresa Hollifield Parkins,Van Boyd, and Joe K. Hall 102 Liberty Church Road Marion,North Carolina 28752 Subject: NPDES Stormwater Permit Application Notice of Intent(NOI)NCG020000 McDowell County Response deadline: May 14, 2010 Dear Messrs. Parkins, Boyd, and Hall: The Division of Water Quality(DWQ)has become aware of your mineral mining(and/or rock sorting) activity at your property identified by PIN 0792-87-8500. Due to that activity,and its associated SIC code, your facility must have coverage under the stormwater general permit NCG020000. A copy of an application (NOI) is attached to this letter, along with an explanation of the stormwater permit. DWQ recommends that you obtain a qualified environmental engineer, or otherwise qualified consultant, experienced in stormwater measures,to assist you with your application. Continued discharge of stormwater, and/or failure to apply for an NPDES stormwater permit, may subject you to civil penalty fines up to$25,000 per day per violation. Please contact me(Kevin Barnett)at 828-296-4500, if you have any questions about this letter or the stormwater application. Sincer K in Barnett, Environmental Specialist Surface Water Protection,Asheville Regional Office cc: Division of Land Resources,Asheville Regional Office McDowell County Planning ARO File copy SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-296-450M FAX:828-299-70431 Customer Service:1-877-623-6748 '/N���� Internet: www.ncwaterquality.org KL An Equal Opportunity 1 Affirmative Action Employer A�t RCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 16, 2010 Donald W, and Gene Fender 3879 Harmony Grove Road Nebo,North Carolina 28761 Devon Boyd Boyd Contractors and Materials, Inc. 3879 Harmony Grove Road Nebo,North Carolina 28761 Subject: NPDES Stormwater Permit Application Notice of Intent(NOI)NCG020000 McDowell County Response deadline: May 14, 2010 Dear Messrs. Fender and Boyd The Division of Water Quality(DWQ)has become aware of your mineral mining(rock sorting)activity at your property identified by PIN 0792-53-1497. Due to that activity, and its associated SIC code,your facility must have coverage under the stormwater general permit NCG020000. A copy of an application (NOI)is attached to this letter, along with an explanation of the stormwater permit. DWQ recommends that you obtain a qualified environmental engineer, or otherwise qualified consultant, experienced in stormwater measures,to assist you with your application. Continued discharge of stormwater, and/or failure to apply for an NPDES stormwater permit, may subject you to civil penalty fines up to$25,000 per day per violation. Please contact me(Kevin Barnett)at 828-296-4500, if you have any questions about this letter or the stormwater application. Sincer 1 7- K vv n Barnett, Environmental Specialist Surface Water Protection,Asheville Regional Office cc: Division of Land Resources,Asheville Regional Office McDowell County Planning ARO File copy SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarollna Phone:828-296A5001 FAX:828-299-70431 Customer Service:1-877-623-6748 // Internet: www.ncwaterquality.org �aturallty An Equal Opportunity 1 Affirmative Action Employer PWA RCDENR North.Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 19, 2010 Harold and Jean Boyd James Edwin and Loretta Bryan 1325 Armstrong Creek Road 318 Bryan Drive Marion,North Carolina 28752 Marion,North Carolina 28752 Max R. and Elva Y. Boyd Jack L., Sr. and Jo B. Edge 62 North Valley Street 590 Holiday Shores Marion,North Carolina 28752 Nebo,North Carolina 28761 Subject: NPDES Stormwater Permit Application Notice of Intent(NOI)NCG020000 McDowell County Response deadline: May 14, 2010 Dear Messrs. Boyd, Bryan, and Edge: The Division of Water Quality(DWQ)has become aware of your mineral mining(rock sorting)activity at your property identified by PIN 1703-78-7040. Due to that activity, and its associated SIC code,your facility must have coverage under the stormwater general permit NCG020000. A copy of an application (NOI) is attached to this letter, along with an explanation of the stormwater permit. DWQ recommends that you obtain a qualified environmental engineer, or otherwise qualified consultant, experienced in stormwater measures,to assist you with your application. Continued discharge of stormwater, and/or failure to apply for an NPDES stormwater permit,may subject you to civil penalty fines up to$25,000 per day per violation. Please contact me(Kevin Barnett)at 828-296-4500, if you have any questions about this letter or the stormwater application. ;Sinc e ,vin Barnett, Environmental Specialist Surface Water Protection, Asheville Regional Office cc: Division of Land Resources,Asheville Regional Office McDowell County Planning ARO File copy SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U,S.Highway 70,Swannanoa,North Carolina 28778 NOI thCarohna Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org atuml/y An Equal Opportunity 1 Affirmative Action Employer FqCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 19, 2010 Nick B. Waycaster,Jr. Timothy Kevin Washburn Post Office Box 1287 Marion,North Carolina 28752 Subject: NPDES Stormwater Permit Application Notice of Intent(NOI)NCG020000 McDowell County Response deadline:May 14, 2010 Dear Messrs. Waycaster and Washburn: The Division of Water Quality(DWQ)has become aware of your mineral mining(rock sorting)activity at your property identified by PIN 1703-79-4480 and 1703-78-1597. Due to that activity,and its associated SIC code,your facility must have coverage under the stormwater general permit NCG020000. A copy of an application(NOI) is attached to this letter, along with an explanation of the stormwater permit. DWQ recommends that you obtain a qualified environmental engineer,or otherwise qualified consultant, experienced in stormwater measures,to assist you with your application. Continued discharge of stormwater, and/or failure to apply for an NPDES stormwater permit,may subject you to civil penalty fines up to$25,000 per day per violation. Please contact me(Kevin Barnett)at 828-296-4500, if you have any questions about this letter or the stormwater application. Since el , K vm arnett, Environmental Specialist Surface Water Protection, Asheville Regional Office cc: Division of Land Resources,Asheville Regional Office McDowell County Planning ARO File copy SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-29645001 FAX:828-299-70431 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org Naturally An Equal Opportunity 1 Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary April 19, 2010 Keith E Hoilman Town of Newland PO Box 429 Newland NC 28657 SUBJECT: Compliance Evaluation Inspection Newland WWTP Permit No: NCO021857 Avery County Dear Mr. Hoilman: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection, which I conducted of the facility on March 10, 2010. The facility was found to be operating in Compliance with permit NC0021857. Please refer to the enclosed inspection report for additional observations and comments. If you should have any questions, please do not hesitate to contact me at 828-296-4500. Sincere , J,. V Keith Hayne;% Environmental Sr. Specialist Enclosure cc: Jadd Wesley Brewer, ORC Central Files Asheville Files Sl\,=, /P'AverylV\tastewater,€Muriicival\Newlatiri 21857\C"E13-.10 3Uletter.'oc 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 NorthCarolina Internet:www.newaterguality.org Natumllff United States Environmental Protection Agency EPA 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 INI 2 151 31 NCO021857 111 121 10/03/10 117 18I CI 191 SI 20I 1 Remarks J 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ---------------------------Reserved---------------------- 67 i 1 69 70I I 711 I 721 NJ 73 L U 74 751 i i i i i Li 80 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 11:30 AM 10/03/10 09/09/01 Newland WWTP Cow Camp Rd Exit Time/Date Permit Expiration Date Newland NC 28657 12:30 PM 10/03/10 11/02/28 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Jadd Wesley Brewer/ORC/828-898-6692/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Keith E Hoilman,PO Box 429 Newland NC 28657//828-733-2023/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit E Flow Measurement Operations&Maintenance 0 Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Keith Haynes .$N ARO WQ//828-296-4500/ �0 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards-k ARO WQ//826-296-4500/ 1 2 6�l0 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3I NC0021857 I11 12I 10/03/10 1 17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The facility appeared to be adequately operated and maintained. The ORC should assure that samples are being collected by composite method, and appropriately noting sample collection in the operator log. Page# 2 Permit: NCO021857 Owner-Facility: Newland WVVrP Inspection Date: 03/10/2010 Inspection Type: Compliance Evaluation Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge ■ ❑ ❑ ❑ Judge,and other that are applicable? Comment: Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ❑ ■ ❑ Is access to the plant site restricted to the general public? ❑ 0 ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? ■ ❑ ❑ ❑ Is flow meter calibrated annually? ■ ❑ ❑ ❑ \ Is the flow meter operational? ■ ❑ ❑ ❑ (If units are separated)Does the chart recorder match the flow meter? ■ ❑ ❑ ❑ Comment: Oxidation Ditches Yes No NA NE Are the aerators operational? ■ ❑ ❑ ❑ Are the aerators free of excessive solids build up? ■ ❑ ❑ ❑ #Is the foam the proper color for the treatment process? ■ ❑ ❑ ❑ Does the foam cover less than 25%of the basin's surface? ■ ❑ ❑ 11 Is the DO level acceptable? Q ❑ ❑ ■ Are settleometer results acceptable(>30 minutes)? ❑ ❑ ❑ ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ ❑ ❑ ❑ Are settelometer results acceptable?(400 to 800 ml/I in 30 minutes) ❑ ❑ ❑ ■ Comment: One of the two ditches was in use. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ■ ❑ ❑ Page# 3 Permit: NCO021857 Owner-Facility: Newland WWTP Inspection Date: 03/10/2010 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Are weirs level? ■ n n n Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ n n n Is the site free of excessive floating sludge? ■ n n Is the drive unit operational? ■ n n n Is the return rate acceptable(low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable?(Approximately''/4 of the sidewall depth) ■ n n n Comment: There was some build-up in the center well. Only one of the two clarifiers was in operation. 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? ■ n n 0 Is there a backup system on site? n ■ n n Is effluent clear and free of solids? ■ n n n Comment: No back-up Standby Power Yes No NA NE Is automatically activated standby power available? ■ n n n Is the generator tested by interrupting primary power source? ■ n n n Is the generator tested under load? ■ n n n Was generator tested&operational during the inspection? ■ o n n Do the generator(s)have adequate capacity to operate the entire wastewater site? ■ n n n Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ n n n Is the generator fuel level monitored? ■ n n n Comment: The generator was used to operate the plant this past winter. Page# 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION April 20, 2010 Mr. Mike Moiling, Chief of Maintenance USDI National Park Service 199 Hemphill Knob Road Asheville, NC 28803 SUBJECT: Compliance Evaluation Inspection Mount Pisgah WWTP Permit No: NCO072729 Haywood County Dear Mr. Moiling: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on April 14, 2010. The facility was found to be in compliance with permit NC0072729. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: Henry Keefer, Jr. - ORC Central Files Asheville Files S:\SWP\Haywood\Wastewater\Minors\Mount Pisgah 72729\CEI.4-14-10.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE ne Location:2090 U.S. Highway 70,Swannanoa, NC 28778 NOoM1Ca olina Phone: (828)296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 Naturall Internet:www.ncwaterguality.org United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 151 31 NCO072729 111 121 10/04/14 117 18I CI 19I SI 20II Remarks 211111IIII IIIIIIIIIIII IIIIIIIIIIIIIIIIIIII111111 J61 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA -----------------Reserved—----—------------ 67I 1.0 169 70131 711 I 72I N I 73 W 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) 01:00 PM 10/04/14 06/12/01 Mount Pisgah WWTP Blue Ridge Pkwy Milepost 4078 Exit Time/Date Permit Expiration Date Asheville NC 28801 03:00 PM 10/04/14 11/01/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Henry Keefer/ORC/828-648-5610/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted / 199 Hemphill Knob Rd Asheville NC 28803//828-271-4779/No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit N Operations&Maintenance 0 Records/Reports Facility Site Review EfFluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ 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.) 3I NCO072729 I11 12I 10/04/14 117 18Icl Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The USDI - National Park Service, Blue Ridge Parkway, Mount Pisgah Lodge& Recreational Area WWTP is a class ll, 0.032 MGD WWTP with equalization basin; a three-cell facultative lagoon; high pressure filters; chemical feed capabilities for polymer addition; liquid chlorination; liquid dechlorination; an instrumented continuous flow meter and standby emergency generator. NEW WWTP: An Authorization to Construct was issued on 6-26-08 for a new 0.032 MGD WWTP extended aeration dual-train package plant with: a manual bar screen; a flow equalization basin with dual 30 cfm blowers and three 50 gpm pumps; a dual-train plant with each train consisting of: a 19,000 gpd aeration basin with dual 75 cfm blowers, a clarifier with surface skimmer; an 8,500 gallon aerated sludge holding tank, with three 30 cfm blowers for the aerated sludge holding tank; a polyester cloth filter rated at 32,000 gpd; a UV disinfection system with 2 parallel banks, each rated at 80,000 gpd peak flow; an instrumented continuous effluent(sonic) flow meter; a 4-inch effluent discharge pipe; and an 80 KW diesel Cummins emergency generator. PERMIT/ INSPECTION/LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 8-19-2009 by Wanda Frazier. The permit expires on 1-31-2011. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The daily operator log was present on-site and had good notation of daily events, process control and field testing data. FLOW MEASUREMENT: The flow meter was last calibrated on 4-4-10. OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY: Mr. Henry Keefer, Jr., ORC, assisted in the inspection. The facility appears to be operating well, despite damage to the high pressure filters by recent snow/ice storms. The effluent appeared to be in compliance with permit limits. Page# 2 Permit: NCO072729 Owner-Facility: Mount Pisgah WWTP Inspection Date: 04/14/2010 Inspection Type: Compliance Evaluation START-UP OF THE NEW WWTP: On the day of the inspection, the new WWTP was in process of being tested by the manufacturer's representatives, installers and contractors. The following representatives were present for this event. Michael Finkin - Project Manager; Denver Service Center, National Park Service Nick Pond, Ashbrook Simon-Hartley (WWTP manufacturer) representative; Corporate office: 11600 East Hardy; Houston, TX 77093-1098 HDR (Henningson, Durham & Richardson) representatives; Engineering and Consulting firm HDR Headquarters; 8404 Indian Hills Drive; Omaha, Nebraska 68114-4098 (800-366-4411) Ed Byas, Jr., PE, Construction Manager, CJMW(Calloway Johnson Moore West)-Alpha Corp.; Asheville, NC- Blue Ridge Parkway contractor Bob Barr- RPB Systems Inc.; Asheville, NC- installer contractor START-UP OPERATION: The new WWTP utilized flow from the aerated lagoon and recycled the discharge back to the lagoon for treatment and discharge. When all of the systems are complete and operational, flow will be diverted from the collection system to the new WWTP and discharged to the stream. The old WWTP and other obsolete WWTP structures (Imhoff tank, high pressure filters, storage buildings, etc.)will be removed from the site. Approximately 200,000 cubic yards of material from a recent landslide will be used to fill in, level and landscape the site. Plans for a new 20 ft x 24 ft office/lab building are in the process of being developed and funded. SYSTEM PERFORMANCE ANNUAL REPORT: There are no records of the System Performance Annual Report ever being filed. This was mentioned in the previous inspection. Please refer to the following information and file this report as soon as possible. The System Performance Annual Report, for 2009, was due no later than 60 days of the end of the reporting period (March 1, 2010). Page# 3 Permit: NCO072729 Owner-Facility: Mount Pisgah VWVrP Inspection Date: 04/14/2010 Inspection Type: Compliance Evaluation Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment works' and collection system's performance over a 12 month period. Report Format: The following is provided as guidance to assist you in meeting this aspect of the new reporting requirements. The law states the above mentioned report shall summarize the performance of the treatment works or collection system and state the extent to which any terms of its permit, federal laws, or any State laws, regulations or rules related to the protection of water quality have been violated. In order to meet the spirit of this law, it is strongly suggested that, at a minimum, the reports contain the following information: I. General Information • Name of regulated entity and county • Responsible entity, person or contact with phone number or address • Listing of applicable permit(s)—NPDES and Collection System permits, etc. (Note: water plant wastewater dischargers are exempt) • Description of collection or treatment system or process II. Performance • Description of overall 12-month performance, noting highlights and deficiencies. • By month, list of the number and type of any violations of permit conditions, environmental regulations or environmental laws, including (but not limited to): Permit Limit Violations—list by month and type Monitoring and Reporting Violations—i.e. NOVs and Civil Assessments (Illegal) Bypass of treatment facilities* Sanitary Sewer Overflows (SSOs)*- Dates of SSOs*, Press Releases & Public Notices (*For the purpose of the System Performance Annual Report, please condense your Annual Report to include: the estimated total monthly volumes and locations of events in which more than 1,000 gallons of waste reached surface waters.) • Description of any known environmental impact of violations • Description of corrective measures taken to address violations or deficiencies III. Notification • Statement as to how users or customers have been provided access to the report. Page# 4 Permit: NC0072729 Owner-Facility: Mount Pisgah WWTP Inspection Date: 04/14/2010 Inspection Type: Compliance Evaluation IV. Certification • Statement by a responsible official certifying the report is accurate and complete. It shall be left to the individual applicable entities to decide both how much detail above minimum they wish to provide in the report and how they will provide the report to their users or customers. This law was established to provide a mechanism for public oversight (and hopefully, to instill public confidence). Those entities that fall under the scope of this part of the law are encouraged to be forthcoming in their report and they should provide its readers a contact where they may view more detailed information. To satisfy the Departmental reporting requirement, three copies of the report should be submitted to the following address: System Performance Annual Report North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Page# 5 Permit: NCO072729 Owner-Facility: Mount Pisgah VWVFP Inspection Date: 04/14/2010 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n 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 Cl n Comment: Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge n n ■ n Judge, and other that are applicable? Comment: Lagoons Yes No NA NE Type of lagoons? Aerated #Number of lagoons in operation at time of visit? 3 Are lagoons operated in? Multicell #Is a re-circulation line present? n ■ n n Is lagoon free of excessive floating materials? ■ n n n #Are baffles between ponds or effluent baffles adjustable? ■ n n n Are dike slopes clear of woody vegetation? ■ n n n Are weeds controlled around the edge of the lagoon? ■ n n n Are dikes free of seepage? ■ n n n Are dikes free of erosion? ■ n n n Are dikes free of burrowing animals? ■ n n [1 #Has the sludge blanket in the lagoon(s)been measured periodically in multiple locations? ■ n n n #If excessive algae is present, has barley straw been used to help control the growth? n n ■ n Is the lagoon surface free of weeds? ■ n n n Is the lagoon free of short circuiting? ■ n n n Comment: This system has a three-cell facultative lagoon. Disinfection-Liquid Yes No NA NE Is there adequate reserve supply of disinfectant? ■ ❑ n n \\ Page# 6 Permit: NCO072729 Owner-Facility: Mount Pisgah VWVFP Inspection Date: 04/14/2010 Inspection Type: Compliance Evaluation Disinfection-Liquid Yes No NA NE (Sodium Hypochlorite) Is pump feed system operational? ■ Q n Q Is bulk storage tank containment area adequate?(free of leaks/open drains) ■ ❑ n D 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? ■ ❑ 0 Cl Comment: A 12.5% sodium hypochlorite solution is used. De-chlorination Yes No NA NE Type of system? Liquid Is the feed ratio proportional to chlorine amount(1 to 1)? 00 ■ n Is storage appropriate for cylinders? ❑ 0 ■ #Is de-chlorination substance stored away from chlorine containers? In n ■ n Comment: Are the tablets the proper size and type? n n ■ n Are tablet de-chlorinators operational? -1 n ■ fl Number of tubes in use? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n n n Are the receiving water free of foam other than trace amounts and other debris? ■ 0 n n If of fluent (diffuser pipes are required) are they operating properly? n n ■ n Comment: Page# 7 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary April 20, 2010 Mr. Danny Young Young Property—Jims Branch Road 209 Jims Branch Road Swannanoa,NC 28778 SUBJECT: NOTICE OF VIOLATION Young Property—Jims Branch Road DWQ Tracking Number: NOV-2010-SS-0018 Stream Standard Violation—Removal of Best Usage Buncombe County (No Written Response Required) Dear Mr. Young: On April 7, 2010, Susan A. Wilson and Kevin Barnett, from the Asheville Regional Office of the Division of Water Quality (DWQ), conducted a site inspection at your property along Jims Branch Road in Buncombe County. The following violation was noted during the inspection: I. Removal of Best Usage— 15A NCAC 02B.0211 (2)—Greater than 400 linear feet of Jims Branch, a Class C waterbody in the French Broad River Basin, was excavated, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2). REQUIRED RESPONSE As discussed with you on-site, you should immediately stabilize the site to prevent migration of sediment. DWQ recommended that you slope the banks back(a 3:1 slope is recommended), seed, and straw the area. Should the site not readily stabilize the DWQ recommends that you place coir fiber matting on the banks. All repair work should be completed by May 7, 2010. 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 �Rtur���� Internet: www,ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Mr.Young April 20,2010 Page 2 of 2 Thank you for your attention to this matter. Please contact Ms. Wilson after you have completed the stabilization work. This office requires that the violation, as detailed above, be abated immediately. Should you not complete the streambank stabilization/restoration work, or if you continue to excavate the stream channel, these violations and any future violations may be subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Please contact Ms. Wilson at(828) 296-4665 if you have any questions regarding these matters. Sincerely, U Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office cc: ARO File Copy Buncombe County Planning S:\SWP\Buncombe\Complaints\Young Prop-Jims Branch Rd\NOV Young 2010-SS-0018.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 April 20, 2010 Mr. Tommy Ray Plemmons Plemmons Property- Sand Hill Road 945 Sand Hill Rd Candler,NC 28715 SUBJECT: NOTICE OF VIOLATION Plemmons Property - Sand Hill Road DWQ Tracking Number: NOV-2010-SS-0017 Stream Standard Violation—Removal of Best Usage Buncombe County (No Written Response Required) Dear Mr. Plemmons: On April 7, 2010, Susan A. Wilson and Kevin Barnett, from the Asheville Regional Office of the Division of Water Quality (DWQ), conducted a site inspection at your property along Sand Hill Road in Buncombe County. The following violation was noted during the inspection: I. Removal of Best Usage— 15A NCAC 02B.0211 (2)—Greater than 500 linear feet of an unnamed tributary to Hominy Creek, a Class C waterbody in the French Broad River Basin, was excavated, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2). REQUIRED RESPONSE As discussed with you on-site, you should immediately stabilize the site to prevent migration of sediment. DWQ recommended that you slope the banks back (a 3:1 slope is recommended), seed, and straw the area. Should the site not readily stabilize the DWQ recommends that you place coir fiber matting on the banks. Additionally, DWQ recommended that you contact the City of Asheville regarding compliance with the City's buffer ordinance. All repair work should be completed by May 7, 2010. 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 �RtuNq��� Internet: www.ncwaterquality.org L An Equal Opportunity 1 Affirmative Action Employer Mr.Plemmons April 20,2010 Page 2 of 2 Thank you for your attention to this matter. Please contact Ms. Wilson after you have completed the stabilization work. This office requires that the violation, as detailed above, be abated immediately. Should you not complete the streambank stabilization/restoration work, or if you continue to excavate the stream channel, these violations and any future violations may be subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Please contact Ms. Wilson at (828)296-4665 if you have any questions regarding these matters. Sincerely, 0 Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office cc: ARO File Copy City of Asheville, Danny Gibson S:\SWP\Buncombe\Complaints\Plemmons Property-Sand Hill Road\NOV Plemmons 2010-SS-00I7.doc kPIA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION April 20, 2010 Mr. Tony Konsul, Regional Manager Utilities Inc. PO Box 240908 Charlotte, NC 28224-0908 SUBJECT: Compliance Evaluation Inspection Bent Creek WWTP Permit No: NCO036684 Buncombe County Dear Mr. Konsul: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on April 14, 2010. The facility was found to be in compliance with permit NC0036684. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, ' � v d 47i�t Wanda P. Frazier Environmental Specialist Enclosure cc: Beverly Grinstead, ORC Central Files Asheville Files S:\SWP\Buncombe\Wastewater\Minors\Bent Creek(Utilities Inc)36684\CEI.4-14-10.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S. Highway 70,Swannanoa, NC 28778 NOit11Carolina Phone: (828)296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 Internet:www.newaterguality.org J 0 United States Environmental Protection Agency Form EP^ Washington,D.C.20460 OMB Approved. H 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 I NI 31 NCO036684 111 121 10/04/14 117 18I CI 191 SI 20III Remarks 211111IIIIIIII IIII IIII IIII IIIIIIIIIIIIIIII IIII II16 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA 671 1.0 169 701 31 711 I 721 NJ 73I I 174 751 I I I I I I 180 Section B: Facility Data W Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:55 AM 10/04/14 05/11/01 Bent Creek WWTP 3 Donnybrook Ct Exit Time/Date Permit Expiration Date Asheville NC 28806 11:00 AM 10/04/14 10/10/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Beverly Brown Grinstead/ORC/828-667-5700/ Name,Address of Responsible Official/Title/Phone and Fax Number Tony Konsul,PO Box 240906 Charlotte NC 282240908/// ContactedYes Section C:. Areas Evaluated During Inspection(Check only those areas evaluated) Permit N Operations&Maintenance 0 Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda PF�Frazier ARO WQ//828-296-4500 Ext.4662/ �& ) L-Z- —Cz—e��n 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.) 3I NC0036684 J11 121 10/04/14 117 18H Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The Utilities Inc. -(formerly Carolina Water Service of NC)-Bent Creek WWTP is a Class II facility rated at: 0.100 MGD extended aeration WWTP with dual aeration basins with blowers providing diffused air; clarifiers with sludge return; 25,000 gallon aerobic digestor; tablet chlorinator; chlorine contact chamber; table dechlorinator; post-aeration; effluent Isco sonic flow meter, and portable, diesel 80 KW stand-by generator. SLUDGE MANAGEMENT: Excess sludge is currently being removed by a contract hauler. As a cost savings measure, a concrete pad has been poured for the set-up of a Flo Trend Systems, roll-off Sludge Mat. This will allow for batches of 20 cubic yards/20,000 gallons of sludge to be dewatered on-site. The system will utilize polymer and screens to produce solids-12-16%, that will be disposed of in the Upstate Regional Landfill located south of Spartanburg (868 Wildcat Road Enoree, SC 29335). The portable Sludge Mat will be used at various Utilities Inc. wastewater treatment facilities. PERMIT/INSPECTION /LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 6-26-2009 by Wanda Frazier. The permit expires on 10-31-2010. A renewal request for this facility was received by the - Division on March 29, 2010. The daily operator log was present on-site and had good notation of daily events, process control and field testing data. TREATMENT UNITS/PROCESS CONTROL TESTING DATA: The activated sludge aeration basin process control data was as follows: Temperature = 15.0 degrees Celsius pH = 6.61 units Dissolved Oxygen = 0.6 mg/I in both aeration basins Tip: The ideal level for dissolved oxygen in the aeration basin is generally 1 to 3 mg/I. Seasonal changes in temperature require the adjustment of the aeration timer to achieve ideal dissolved oxygen levels. Settleable Solids = 400 ml/I =40% Page# 2 Permit: NCO036684 Owner-Facility: Bent Creek wWTP Inspection Date: 04/14/2010 Inspection Type: Compliance Evaluation FLOW MEASUREMENT: The facility has an effluent, Isco, sonic flow meter with battery back-up. The flow meter is calibrated every 6 months by ISI. It was last calibrated on 2-10-10. EFFLUENT: The effluent data was as follows: pH = 6.98 units Temperature = 15.0 degrees Celsius Chlorine = <20 ug/I OPERATIONS AND MAINTENANCE/ EFFLUENT/SUMMARY: Beverly Grindstead (ORC), David Medling (back-up ORC), Tony Konsul (Regional Manager) and Mike Surrett (operator) assisted in the inspection. The facility appears to be well operated and maintained. The effluent appeared to be in compliance with permit limits. SYSTEM PERFORMANCE ANNUAL REPORT: The System Performance Annual Performance Report for the calendar year 2008 was received on 3-25-2009. The System Performance Annual Report, for 2009, is due no later than 60 days of the end of the reporting period (March 1, 2010). Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment works' and collection system's performance over a 12 month period. Page# 3 Permit: NCO036684 Owner-Facility: Bent Creek VWVfP Inspection Date: 04/14/2010 Inspection Type: Compliance Evaluation Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ n 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 n n Comment: Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n 00 Judge, and other that are applicable? Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical n � Are the bars adequately screening debris? ■ n n n Is the screen free of excessive debris? ■ ❑ ❑ n Is disposal of screening in compliance? ■ n n Is the unit in good condition? ■ n n n Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ n 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 Is the DO level acceptable?(1.0 to 3.0 mg/1) n n ■ Cj Page# 4 Permit: NC0036684 Owner-Facility: Bent Creek VWVfP Inspection Date: 04/14/2010 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE 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? 00 ■ 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 ❑ Is scum removal adequate? ■ ❑ n Is the site free of excessive floating sludge? ■ 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 0 Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ■ n n n Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n ❑ Are the tablets the proper size and type? ■ n n Number of tubes in use? 2 Is the level of chlorine residual acceptable? ■ n n n Is the contact chamber free of growth, or sludge buildup? ■ n ❑ n Is there chlorine residual prior to de-chlorination? ■ n n n Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ n Is storage appropriate for cylinders? n ❑ ■ n #Is de-chlorination substance stored away from chlorine containers? n n ■ n Comment: Are the tablets the proper size and type? ■ n n n Are tablet de-chlorinators operational? ■ n n n 0 Page# 5 Permit: NCO036684 Owner-Facility: Bent Creek WIMP Inspection Date: 04/14/2010 Inspection Type: Compliance Evaluation De-chlorination Yes No NA NE Number of tubes in use? 5 Comment: Standby Power Yes No NA NE Is automatically activated standby power available? n ■ n Is the generator tested by interrupting primary power source? n ■ n n Is the generator tested under load? ■ n n n Was generator tested&operational during the inspection? n ■ Cl n Do the generator(s)have adequate capacity to operate the entire wastewater site? ■ n n n Is there an emergency agreement with a fuel vendor for extended run on back-up power? n ■ n n Is the generator fuel level monitored? ■ ❑ n Comment: The standby power is a portable 80 KW diesel generator. It is tested weekly. It ran continuously for- 30 hours in December 2009, during a snow/ice storm related power outage. It holds 100 gallons of fuel. The generator trailer is taken to a nearby fuel vendor for all refueling. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n n n Are the receiving water free of foam other than trace amounts and other debris? ■ n n n If effluent (diffuser pipes are required) are they operating properly? n ❑ ■ n Comment: Page# 6 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 20, 2010 Avery County Solid Waste Henry Norris PO Box 640 Newland NC 28657 SUBJECT: NPDES Stormwater Permit NCGO10000 Compliance Inspection Avery County C&D Landfill Avery County Dear Mr. Norris: This letter is in follow-up to the Stormwater Permit Compliance Inspection conducted on April 13, 2010. The Avery County C&D Landfill is currently permitted under a Construction Stormwater Permit (NCGO10000) which is issued upon the approval of an Erosion and Sedimentation Control Plan for sites greater than one acre. This permit requires operation and maintenance of erosion stormwater control measures to optimum efficiency and minimum monitoring and reporting of these measures. In order to be compliant with this permit the following items need attention. • All erosion/stormwater control measures need to be operated and maintained to optimum efficiency. • Inspection records of erosion& sedimentation control measures and stormwater discharges, collected weekly and after every half-inch or greater rain event, are required. • Rain gauge data, measured daily, is a permit requirement. If compliance with the NCGO10000 cannot be maintained,the Avery County C&D Landfill will be considered for coverage under the NCG120000 permit. Refer to the attached Inspection Report for more details on maintaining compliance. Also during the inspection you were given an example of a properly filled out NCGO10000 inspection record form. Please contact me at(828) 296-4500 or linda.wiggs ca,ncderingov, if I can be of any further assistance. Sincerely Linda Wiggs Environmental Specialist Surface Water Protection Encl: Inspection Report cc: Asheville Files ARO DLR ARO Solid Waste S:\SWP\Avery\Stormwater\NCG12 Landfills\Avery Co Landfill\CE14-10.doc Location:2090 U.S,Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 NorthCarolina Internet:www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer ;Uffrallty Compliance Inspection Report Permit: NCG010000 Effective: 06/09/09 Expiration: Owner: Avery County SOC: Effective: Expiration: Facility: Avery County C&D Landfill County:Avery Brushy Creek Rd Region: Asheville DWQ Tracking No: NCR002357 Newland NC 28657 Contact Person: Henry Norris Title: Solid Waste Director Phone: Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 04/13/2010 Entry Time: 01:20 PM Exit Time: 03:50 PM Primary Inspector: Linda S Wiggs Phone:828-296-4500 Secondary Inspector(s): Ext.4653 Reason for Inspection: Routine Inspection Type:Compliance Evaluation Permit Inspection Type: Construction Stormwater Facility Status: ❑Compliant ❑ Not Compliant Question Areas: Construction (See attachment summary) Page: 1 Permit:NCR002357 Owner-Facility:Avery County Inspection Date: 04/13/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine Inspection Summary: Mr.Buddy Norris was present during inspection. NCG010000 reporting is not done correctly, inspector explained importance,of inspecting and left an example sheet of how the NCG010000 form is to be filled out for reference. Facility is a candidate for coverage under NCG120000. Facility drains to Brushy Creek(C Tr)which ultimately flows to the N.Toe River which is impaired for Turbidity. Based on the facilities current state and operation and maintenance on the day of the inspection it is a concern that during a significant rainfall event the site would violate Trout Classification Turbidity Standards.The facility needs to address the following: **Work on getting better ground cover with matting. **Maintain erosion/stormwater control measures to optimum efficiency. **Properly inspect/observe the erosion control measures and outfalls to avoid turbid water discharges. **If the site cannot maintain compliance under NCG010000 then coverage under NCG12 will be considered. **Basin#3 and ditchline to basin#3 need maintenance. Ditchline appears unstable and basin is full to the point that some of the baffles are covered. **Silt fence behind transfer station is no longer operational and needs repair. **There is an old basin behind the transfer station on the westside of property. This basin is receiving sediment from roadside ditch. This basin can still offer some treatment for the stormwater directed to it from the transfer station conveyances, however if it is allowed to fill with sediment it will no longer function. To avoid filling the old basin another measure needs to be installed.A sediment trap at the end of the roadside ditch that can be accessible for maintenance could be beneficial. Note: The new C&D cell is expected to have approximately a 40 year life. Page: 2 Permit:NCR002357 Owner-Facility:Avery County Inspection Date: 04/13/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine DLR or Local Program Inspection Yes No NA NE #Is this inspection related to a DLR/local program inspection? ❑ ■ #If Yes,what was the DLR /local program inspection date? E&SC Plan Yes No NA NE Is the site following its approved Erosion and Sedimentation Control Plan as indicated on DLR/Local Program ❑ ❑ ❑ ■ Inspection Report? Comment: Erosion Control Measures Yes No NA NE Is the site maintaining their erosion control measures as indicated on DLR/Local Program Inspection Report? ❑ ❑ ❑ ■ Comment: This inspection is not related to a DLR inspection, however, the last DLR inspection (11/09) did not indicate compliance issues. Approved E&SC Plan Yes No NA NE Is a copy of the approved E&SC plan on site? ■ ❑ ❑ ❑ Comment: Rain Gauge Yes No NA NE Is a rain gauge present on the site at the time of inspection? ■ ❑ ❑ ❑ Comment: Rain Gauge Records Yes No NA NE Is rain gauge data measured and recorded? ■ ❑ ❑ ❑ Comment: Rainfall data was not recorded daily, but was recorded on days when rainfall occurred. Inspection Records Yes No NA NE Are inspection records of erosion&sedimentation control measures and stormwater discharges complete? ❑ ■ ❑ ❑ Comment: Once a week the inspection form has recorded; a date, the inspectors initials, and Y or N for operating or sedimentation. The records are incomplete. Explained proper inspecting and reporting to Mr. Norris and gave him an inspection example sheet. Other NCGO10000 Permit Conditions Yes No NA NE Is the site compliant with other conditions of the NCGO10000 permit? ❑ ■ ❑ Cl Comment: Basin#3 was full to the point that is was short circuiting and no longer properly functioning. Sediment was up to or over the baffles. See summary for more details. Other Water Quality Issues Yes No NA NE Is the site free of any other Water Quality issues as noted during the inspection? ❑ ■ ❑ ❑ Page: 3 Permit:NCR002357 Owner-Facility:Avery County Inspection Dater 04/13/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine Comment: UT to Brushy Creek has sediment impacts. However, this UT is permitted for restoration under a 401 permit (08-1464). Sediment removal is a component of that restoration activity. Page: 4 Ze)n AM:J1 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality - Beverly Eaves Perdue Colleen H. Sullins Dee Freeman Governor Director Secretary April 20, 2010 Micah Eller Printpack, Inc. 3510 Asheville Highway Hendersonville,NC 28739 SUBJECT: NPDES Stormwater Permit Compliance Inspection Printpack Incorporated Permit No: NCG050119 Henderson County Dear Mr. Eller: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on April 7, 2010. The facility was found to be in compliance with permit NCG050119. Enclosed is a copy of the Compliance Inspection Report,which contains additional observations and comments for your reference. Please contact me at(828) 296-4664 or chuck.cranford a,ncdenr. ov , if I can be of any further assistance. Sincerely, Chuck Cranford Environmental Specialist Surface Water Protection Enclosure cc: Central Files Asheville Files S:\SWP\Henderson\Stormwater\NCG05 Apparel,Printing,\Printpack\CEI.4.7.10.doe Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 NorthCarolina Internet:www.ncwaterquality.org An Equal Opportunity i Affirmative Action Employer � �� Compliance Inspection Report Permit: NCG050119 Effective: 06/01/08 Expiration: 05/31/13 Owner: Printpack Inc SOC: Effective: Expiration: Facility: Printpack Incorporated County: Henderson 3510 Asheville Hwy Region: Asheville Hendersonville NC 28739 Contact Person: Jospeh Gorski Title: Phone:404-691-5830 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 04/07/2010 Entry Time: 09:30 AM Exit Time: 10:30 AM Primary Inspector: Chuck Cranford Phone: Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Apparel/Printing/Paper/Leather/Rubber Stormwater Discharge COC Facility Status: ■ Compliant Q Not Compliant Question Areas: N Storm Water (See attachment summary) Page: 1 Permit: NCG050119 Owner-Facility: Printpack Inc Inspection Date: 04/07/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine Inspection Summary: DWQ staff was met on site by Micah Eller and Todd Wiederhold. A tour was conducted of the exterior of the facility, observing the stormwater conveyances and outfalls and site conditions. During the visit,the SPPP manual was reviewed, operational activities and existing stormwater exposures were discussed. Permit requirements were also reviewed as pertaining to the most recent permit version, dated June 1, 2008. At the time of the inspection,the site was found to be in compliance with the permit. The inspector noted that the facility appeared to maintain good housekeeping practices and records were found to be in good order. Two noteworthy items were indicated during the visit: -The site plan needed to be updated to reflect the appropriate outfalls for monitoring. The staff had been performing qualitative stormwater monitoring in the railroad ditch,which was inappropriate. More beneficial information would be gathered by monitoring the discharge from the pipes draining along the fenceline prior to the water entering the ditch. Also, monitoring was taking place in the northwest corner of the facility, which collected non-industrial stormwater. The stormwater inlet at the driveway is the more appropriate place to monitor stormwater before it exits the facility. - Erosion from a cutbank along the southern property boundary is occurring and discharging sediment to the stormwater system. This erosion should be addressed to prevent water quality impacts. Page: 2 Permit: NCG050119 Owner-Facility: Printpack Inc Inspection Date: 04/07/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ Cl n #Does the Plan include a General Location(USGS)map? ■ ❑ Q ❑ #Does the Plan include a"Narrative Description of Practices"? ■ I_I n ❑ #Does the Plan include a detailed site map including outfall locations and drainage areas? ■ [I 0 #Does the Plan include a list of significant spills occurring during the past 3 years? ■ 0 ❑ 0 #Has the facility evaluated feasible alternatives to current practices? ■ 0 0 n #Does the facility provide all necessary secondary containment? ■ ❑ ❑ #Does the Plan include a BMP summary? ■ #Does the Plan include a Spill Prevention and Response Plan(SPRP)? ■ 0 n fl #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ ❑ D 0 #Does the facility provide and document Employee Training? ■ 11 0 0 #Does the Plan include a list of Responsible Party(s)? ■ ❑ ❑ n #Is the Plan reviewed and updated annually? ■ ❑ ❑ Q #Does the Plan include a Stormwater Facility Inspection Program? ■ Q fl ❑ Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ fl Comment: Qualitative Monitorin Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ 0 ❑ ❑ Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ❑ fl ■ #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ f] ■ n Comment: Permit and Outfalls Yes No NA NE #Is a copy of the Permit and the Certificate of Coverage available at the site? ■ 11 Q ❑ #Were all outfalls observed during the inspection? ■ ❑ Q #If the facility has representative outfall status, is it properly documented by the Division? ❑ 0 ■ 0 #Has the facility evaluated all illicit(non stormwater)discharges? ■ 0 ❑ 0 Comment: 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 April 20, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8953 Mr. Mack W. Edmisten, Director of 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 NCO023981 City of Lenoir Lower Creek WWTP Case No. LV-2009-0178 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 March 2009. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0023981. The violations which occurred in March 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 NCO023981 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, l, 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 �aturallr� „p�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 S:\SWP\Caldwell\Wastewater\Municipal\Lower Creek WWTP 23981\LV-2009-0178.doc 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $500.00 NC0023981, 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 $500.00 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 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 27699-1601 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 of the Asheville Regional Office at 828-296-4500. Sincerely, Roger .C. Edwards, Regional Supervisor Surface Water Protection Section 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-2009-0178 County: Caldwell Assessed Party: City of Lenoir Lower Creek WWTP Permit No. NCO023981 Amount Assessed: $564.00 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 CITY OF LENOIR ) LOWER CREEK WWTP ) PERMIT NO. NCO023981 ) FILE NO. LV-2009-0178 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 April 20, 2010,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director,of the Division of Water Quality within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE lu lw m _r cn o y m r ; o < 3 o =4 p °; Z 00 U) N m �22 to Z O O C o �D r C r a A a n a- D (D � 1 Z C r m D (D vi m n m m .p n D o < m w �O 0 a Z m� K n z on X A -„ S CD A C x m ro Z n o 2• -I < D 0 V 00 n C 92i z C XO m n m Q a r N =a _ n D r v0 ' rr w mD -i m 0 w r_ e 3< m �z G) O Z C D CD y x < iD D D < d CD Z o M CD m Q CD 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 April 20, 2010 Keith E Hoilman Town of Newland PO Box 429 Newland NC 28657 SUBJECT: Compliance Evaluation Inspection Newland Collection System Permit No: WQCS00218 Avery County Dear Mr. Hoilman: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection, which I conducted on March 10, 2010. The collection system was found to be operating in Compliance with permit WQCS00218. Please refer to the enclosed inspection report for additional observations and comments. Your assistance during the inspection was greatly appreciated. If you have any questions, please do not hesitate to contact me at 828-296-4500. Sincerely, Keith Haynes Environmental Sr. Specialist Enclosure cc: Central Files Asheville Files S:\SWPWvery\Collection Systems\Newland Collection System\WQCS00218CEI3-10-10letter.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa, NC 28778 NorthCarolina Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 Internet:www.ncwaterauality.org �gtuml[// y Compliance Inspection Report Permit: WQCS00218 Effective: 05/18/05 Expiration: 04/30/13 Owner: Town of Newland SOC: Effective: Expiration: Facility: Newland Collection System County:Avery PO Box 429 Region: Asheville Contact Person: Keith E Hoilman Title: Phone:828-733-2023 Directions to Facility: System Classifications: CS1; Primary ORC: Keith Eric Hoilman Certification:992872 Phone:828-733-2023 Secondary ORC(s): On-Site Representative(s): On-site representative Keith E Hoilman Phone: 828-733-2023 Related Permits: NC0021857 Town of Newland-Newland WWTP Inspection Date: 03/10/2010 Entry Time: 12:45 PM Exit Time: 03:10 PM Primary Inspector: Keith Haynes*----- aynes*. Phone:828-296-4500 Secondary Inspector(s): 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:WQCS00218 Owner-Facility:Town of Newland Inspection Date: 03/10/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine Inspection Summary: For a Town with a limited budget,the operator is doing good work with the collection system. The GIS mapping is more than adequate. When funds are available it would be good for the Town to purchase a sewer camera for use in finding problems in the system. Please note the following comments/recommendations: 1) Pump stations are checked daily. 2)The Sewer Use Ordinance should be updated using the one located on the DWQ website as a model. 3)Grease traps are handled through the Health Dept and Inspections Dept. Grease education is handled with newspaper notices. 4)Please note that the annual report is due either on a calendar year or a fiscal year basis. 5)Continue work on the pump station inspection sheet. Page: 2 Permit:WQCS00218 Owner-Facility:Town of Newland Inspection Date:03/10/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? ■ ❑ ❑ ❑ What educational tools are used? Newspaper Is Sewer Use Ordinance/Legal Authority available? ■ ❑ ❑ ❑ Does it appear that the Sewer Use Ordinance is enforced? ❑ ❑ ■ Is Grease Trap Ordinance available? ❑ ❑ ■ ❑ Is Septic Tank Ordinance available(as applicable, i.e.annexation) ❑ ❑ ■ List enforcement actions by permittee, if any, in the last 12 months The Sewer Use Ordinance probably needs to be updated using the most recent guidance. Has an acceptable Capital Improvement Plan(CIP)been implemented? Cl ■ ❑ ❑ Does CIP address short term needs and long term Vmaster planT concepts? ❑ ❑ ■ ❑ Does CIP cover three to five year period? ❑ ❑ ■ ❑ Does CIP include Goal Statement? ❑ ❑ ■ ❑ Does CIP include description of project area? ❑ ❑ ■ ❑ Does CIP include description of existing facilities? ❑ ❑ ■ ❑ Does CIP include known deficiencies? ❑ ❑ ■ ❑ Does CIP include forecasted future needs? ❑ ❑ ■ ❑ Is CIP designated only for wastewater collection and treatment? ❑ ❑ ■ ❑ Approximate capital improvement budget for collection system? $381,875.00 Total annual revenue for wastewater collection and treatment? $381,875.00 CIP Comments The Town budget is used for funding collection needs. Is system free of known points of bypass? ■ ❑ ❑ ❑ If no, describe type of bypass and location none Is a 24-hour notification sign posted at ALL pump stations? ■ ❑ ❑ ❑ #Does the sign include: Instructions for notification? ■ ❑ ❑ ❑ Pump station identifier? ■ ❑ ❑ ❑ 24-hour contact numbers ■ ❑ ❑ ❑ If no, list deficient pump stations none Page: 3 Permit:WQCS00218 Owner-Facility:Town of Newland Inspection Date: 03/10/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine J #Do ALL pump stations have an"auto polling"feature/SCADA? ■ n n n Number of pump stations 2 Number of pump stations that have SCADA 0 Number of pump stations that have simple telemetry 2 Number of pump stations that have only audible and visual alarms 0 Number of pump stations that do not meet permit requirements 0 #Does the permittee have a root control program? n ■ n n #If yes,date implemented? Describe: They have not experienced root problems Comment: NA Inspections Yes No NA NE Are maintenance records for sewer lines available? ■ n n n Are records available that document pump station inspections? ■ n n n Are SCADA or telemetry equipped pump stations inspected at least once a week? ■ n n 0 Are non-SCADA/telemetry equipped pump stations inspected every day? n n ■ n Are records available that document citizen complaints? n 0 ■ 0 #Do you have a system to conduct an annual observation of entire system? ■ n n n #Has there been an observation of remote areas in the last year? ■ n n n Are records available that document inspections of high-priority lines? ■ n n f_I Has there been visual inspections of high-priority lines in last six months? ■ n n n Comment: NA Operation& Maintenance Requirements Yes No NA NE Are all log books available? ■ n n n Does supervisor review all log books on a regular basis? ■ n 00 Does the supervisor have plans to address documented short-term problem areas? n n ■ n What is the schedule for reviewing inspection, maintenance,&operations logs and problem areas? As needed Are maintenance records for equipment available? ■ n n Is a schedule maintained for testing emergency/standby equipment? ■ n n n What is the schedule for testing emergency/standby equipment? monthly \\J Page: 4 Permit:WQCS00218 Owner-Facility:Town of Newland Inspection Date: 03/10/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine Do pump station logs include: Inside and outside cleaning and debris removal? ❑ ■ ❑ ❑ Inspecting and exercising all valves? ■ ❑ ❑ ❑ Inspecting and lubricating pumps and other equipment? ❑ ■ ❑ ❑ Inspecting alarms,telemetry and auxiliary equipment? ❑ ■ n ❑ Is there at least one spare pump for each pump station w/o pump reliability? ■ ❑ ❑ ❑ Are maintenance records for right-of-ways available? ■ ❑ Q ❑ Are right-of-ways currently accessible in the event of an emergency? ■ ❑ 0 ❑ Are system cleaning records available? ■ n n n Has at least 10%of system been cleaned annually? ■ ❑ ❑ ❑ What areas are scheduled for cleaning in the next 12 months? Area not yet cleaned, based on possible need. Is a Spill Response Action Plan available? ■ ❑ ❑ ❑ Does the plan include: 24-hour contact numbers ■ ❑ ❑ ❑ Response time ■ n n n Equipment list and spare parts inventory ■ ❑ ❑ 0 Access to cleaning equipment ■ ❑ n ❑ Access to construction crews, contractors, and/or engineers ■ ❑ ❑ ❑ Source of emergency funds ■ ❑ n ❑ Site sanitation and cleanup materials ■ ❑ ❑ ❑ Post-overflow/spill assessment ■ ❑ ❑ n Is a Spill Response Action Plan available for all personnel? ■ n ❑ ❑ Is the spare parts inventory adequate? ■ ❑ ❑ ❑ Comment: Good Records Yes No NA NE Are adequate records of all SSOs,spills and complaints available? ❑ ❑ ■ ❑ Are records of SSOs that are under the reportable threshold available? ❑ ❑ ■ ❑ Do spill records indicate repeated overflows(2 or more in 12 months)at same location? ❑ ❑ ■ ❑ If yes, is there a corrective action plan? ❑ ❑ ■ ❑ Is a map of the system available? ■ ❑ ❑ Q Page: 5 Permit:WQCS00218 Owner-Facility:Town of Newland Inspection Date: 03/10/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine Does the map include: Pipe sizes ■ Q 0 n Pipe materials ■ 0 0 0 Pipe location ■ n 0 0 Flow direction ■ Cl ❑ Cl Approximate pipe age ■ Number of service taps ■ 0 n Pump stations and capacity 0 Q ■ Q If no,what percent is complete? 100 List any modifications and extensions that need to be added to the map Very nice GIS mapping. #Does the permittee have a copy of their permit? ■ ❑ 0 0 Comment: Yes Monitoring and Reporting Requirements Yes No NA NE Are copies of required press releases and distribution lists available? ■ n 00 Are public notices and proof of publication available? ❑ El ■ #Is an annual report being prepared in accordance with G.S. 143-215.1C? n ■ El 0 #Is permittee compliant with all compliance schedules in the permits? 0 C3 ■ If no,which one(s)? The annual report is due either 60 days after the end of a calender year,or it can be submitted 60 days after the end of the Town's fiscal year. Comment: NA #1 -Tweetsie Lane Pump Station Yes No NA NE Pump station type Duplex Are pump station logs available? ■ ❑ 0 n Is it accessible in all weather conditions? ■ 0 #Is general housekeeping acceptable? ■ Q 0 Q Are all pumps present? ■ 0 Are all pumps operable? ❑ 0 n ■ Are wet wells free of excessive debris? ❑ 0 0 ■ Are upstream manholes free of excessive debris/signs of overflow? ■ 0 n ❑ \ Page: 6 Permit:WQCS00218 Owner-Facility:Town of Newland Inspection Date: 03/10/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine Are floats/controls for pumps/alarms operable? M0110 Is"auto polling"feature/SCADA present? n n ■ n Is"auto polling"feature/SCADA operational? ❑ n ■ n Is simple telemetry present? ■ n n n Is simple telemetry operational? ■ ❑ Q Q Are audio and visual alarms present? ■ ❑ Q 0 Are audio and visual alarms operable? ■ Q 0 Is the Pump station inspected as required? ■ 0 ❑ ❑ Are backflow devices in place? ■ n n Q . Are backflow devices operable? ■ n n 0 Are air relief valves in place? Q ❑ ■ n Are air relief valves operable? n n ■ Q # Is an emergency generator available? ■ n ❑ ❑ Can the emergency generator run the pumps? ■ Q n n Is the pump station equipped for quick hook-up? n n ■ n Is the generator operable? ■ Q 0 #Is fuel in tank and sufficient? ■ n ❑ Q Is the generator inspected according to their schedule? ■ n n ❑ Is a 24-hour notification sign posted? ■ ❑ n ❑ Does it include: Instructions for notification? ■ Cl n n Pump station identifier? ■ n n n Emergency phone number ■ ❑ ❑ Q Is public access limited? ■ ❑ n 0 Is pump station free of overflow piping? ■ El n n Is the pump station free of signs of overflow? ■ n n n Are run times comparable for multiple pumps? NE Comment: #2 - Ingles Pump Station Yes No NA NE Page: 7 Permit:WQCS00218 Owner-Facility:Town of Newland Inspection Date: 03/10/2010 Inspection Type:Compliance Evaluation Reason for Visit: Routine Pump station type Duplex Are pump station logs available? ■ n n Is it accessible in all weather conditions? ■ n n n #Is general housekeeping acceptable? ■ ❑ n n Are all pumps present? ■ n ❑ n Are all pumps operable? ■ n ❑ n Are wet wells free of excessive debris? ■ n n n Are upstream manholes free of excessive debris/signs of overflow? ■ n n n Are floats/controls for pumps/alarms operable? ■ n n n Is"auto polling"feature/SCADA present? n n ■ n Is"auto polling"feature/SCADA operational? n n ■ n Is simple telemetry present? ■ n n n Is simple telemetry operational? ■ n n n Are audio and visual alarms present? ■ n ❑ n Are audio and visual alarms operable? ■ 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 Are air relief valves in place? n n ■ n Are air relief valves operable? n n ■ n # Is an emergency generator available? nnn ■ ■ Can the emergency generator run the pumps? nn 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 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 � Page: 8 Permit:WQCS00218 Owner-Facility:Town of Newland Inspection Date: 03/10/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine Emergency phone number ■ ❑ ❑ ❑ Is public access limited? ■ ❑ ❑ ❑ Is pump station free of overflow piping? ■ ❑ Cl ❑ Is the pump station free of signs of overflow? ■ ❑ ❑ ❑ Are run times comparable for multiple pumps? yes Comment: None INGLES - near pump station Manhole Yes No NA NE Is manhole accessible? ■ ❑ ❑ ❑ #Is manhole cover/vent above grade? ❑ ❑ ■ ❑ Is the manhole free of visible signs of overflow? ■ Cl ❑ ❑ Is the manhole free of sinkholes and depressions? ■ ❑ ❑ ❑ Is manhole cover present? ■ ❑ ❑ ❑ #Is manhole properly seated? ■ ❑ ❑ ❑ #Is manhole in good condition? ■ ❑ ❑ ❑ #Is invert in good condition? ■ ❑ ❑ ❑ Is line free-flowing and unrestricted in manhole? ■ ❑ ❑ ❑ Is manhole free of excessive amounts of grease? ■ ❑ ❑ ❑ Is manhole free of excessive roots? ■ ❑ ❑ ❑ Is manhole free of excessive sand? ■ ❑ ❑ ❑ Is manhole's extended vent screened? ❑ ❑ ■ ❑ Are vents free of submergence? ❑ ❑ ■ ❑ Are manholes free of bypass structures or pipes? ■ ❑ ❑ ❑ Comment: Page: 9 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary April 20, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8946 Scott Street Windsor-Aughtry Company, Inc. PO Box 16449 Greenville, SC 29606 SUBJECT: Assessment of Civil Penalty NPDES Stormwater Permit NCGO10000 DWQ Tracking Number: NCR002354 Windsor-Aughtry Company, Inc. River Stone Subdivision PC-2010-0022 Henderson County Response deadline: Within thirty (30) calendar days of receipt of this notice Dear Mr. Street: This letter transmits notice of a civil penalty assessed against Windsor-Aughtry Company, Inc. in the amount of$2,630.75, which includes $130.75 in investigative costs. This assessment is based upon the following facts: Windsor-Aughtry Company, Inc. was issued Stormwater General Permit Number NCGO10000 for the site in accordance with NCGS 143- 215.1(a) and 15A NCAC 2H .0126. On April 7, 2010, Henderson County Erosion Control, accompanied by DWQ, conducted a site inspection and determined the failure on the part of Windsor-Aughtry Company, Inc. to properly maintain approved sediment and erosion control measures. The DWQ site inspection and communications with Ryan Willis of Windsor-Aughtry Company, Inc., determined that monitoring and record keeping was not conducted as required. Based upon the above Finding of Fact, I, Roger C. Edwards make the following conclusion of law: Windsor-Aughtry Company, Inc. violated the terms, conditions or requirements of Stormwater General Permit Number NCG010000. Windsor-Aughtry Company, Inc. may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A (a) (2), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000) per violation per day may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of such permit or any other permit or certification issued pursuant to authority conferred by this Part. Additionally, the State's enforcement cost in this matter may be assessed SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 N01"tllCat011lla Phone:: www,ncwat 1 FAX:828-299-70431 Customer Service:1-877-623-6748 ��������� Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Scott Street April 20,2010 Page 2 of 7 against Windsor-Aughtry Company, Inc. pursuant to G.S. 143-215.3 (a)(9) and G.S. 14313-282 (b)(8)• Based upon the above Findings of Fact and Conclusions of Law, I, acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality,make the following Decision. Accordingly, Windsor- Aughtry Company, Inc. is hereby assessed a civil penalty o£ ............_ ... for one (1) violation of Part I Section C (2) of Stormwater General Permit Number a E $1000.00 1 NCGO10000 by failing to properly maintain approved sediment and erosion control measures. $500.00 for one (1) violation of Part I Section B (1) of Stormwater General Permit Number NCGO10000 by failing to record and provide DWQ ram gauge data. for one (1)violation of Part I Section B (3) of Stormwater General Permit Number $1000.00 NCGO10000 by failing to record and provide DWQ inspection records of the erosion and sediment control facilities and stormwater discharges. $2500.00 TOTAL CIVIL PENALTY $130.75 1 Enforcement Costs $2630.75 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 (30) calendar days of receipt of this notice,you must do one of the following three options: 1. Submit payment of the penalty, OR 2. File a request for remission of civil penalties, OR 3. File a written petition to the Office of Administrative Hearings. Failure to exercise one of the above three options within thirty (30) calendar days of your receipt of these documents will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. ,;2010 oc3of7 These options are detailed below: Option 1 —Submit payment of the penalty: Payment should be made to the order of the Department of Environment and Natural Resources DENR . Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver form if making payment. Payment must be sent within 30 calendar days of receipt of this notice to the attention of: Mr. John Hennessy NC Division of Water Quality—NPS Assistance & Compliance Oversight Unit 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Option 2—File a request for remission of civil penalties: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request will not be processed without a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached"Waiver of Right to an Administrative Hearin and nd Stipulation of Facts" and the attached"Justification for Remission Request"which should describe whp you believe: (a) one or more of the civil penalty assessment factors in G.S. 14313-282.1(b)were wrongfully applied to the detriment of the petitioner; (b)the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. For this option you must file your request for remission of civil penalties within thirty (30) calendar days of receipt of this notice with the NPS Assistance& Compliance Oversight Unit. Submit this information to the attention of: Mr. John Hennessy NC Division of Water Quality—NPS Assistance & Compliance Oversight Unit 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Option 3—File a written petition to the Office of Administrative Hearings: If you wish to contest any portion of the civil penalty assessment, you must file a petition for a contested case hearing. This 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 Scott Street April 20,2010 Page 4 of 7 Statutes. For further information,please refer to the Office of Administrative Hearings website (http://www.ncoah.com/). Within thirty(30) calendar days of receipt of this notice, you must file your original petition for a contested case hearing in the: Office ofAdministrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 You must also mail or hand deliver a copy of the written petition to: Ms. Mary Penny Thompson NCDENR Office of General Counsel 1601 Mail Service Center Raleigh,NC 27699-1601 and to: Mr. John Hennessy NC Division of Water Quality—NPS Assistance & Compliance Oversight Unit 1617 Mail Service Center Raleigh,North Carolina 27699-1617 The violations addressed by this assessment and any impacts to waters must be properly resolved. You are encouraged to contact this office if you need assistance in achieving compliance at the site. Please be advised that additional assessments maybe levied for future, continuing, or other violations beyond the scope of this specific assessment. Should you have any questions regarding these matters, please contact Chuck Cranford at(828) 296-4664. Sincerely, RO-1(4tl—" �� � Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office Enc. cc: John Hennessy—NPS Assistance and Compliance Oversight Unit Tim Fox - Henderson County Erosion Control ARO File Copy S:\SWP\Henderson\Stormwater\NCGO1 ConstructionTiver Stone\ENF.PC-2010-0022.4.20.10.doc ` i ATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND Windsor-Aughtry Company, Inc. ) STIPULATION OF FACTS CASE NO. PC-2010-0022 Having been assessed civil penalties totaling $ 2630.75 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated April 20, 2010 ,the undersigned, desiring to seek remission of the civil penalties, 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 civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty(30) days from the receipt of the civil penalty assessment. - This the day of 20 NAME (printed) SIGNATURE ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: PC-2010-0022 County: Henderson Assessed Party: Windsor-Aughtry Company, Inc. Permit No.: NCGO10000 (NCR002354) Amount Assessed: $2630.75 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 pplied 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 (Le., 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(attach additional pages as necessary): NORTH CAROLINA DIVISION OF WATER QUALITY Violator: Windsor-Aughtry Company, Inc. Project Name: River Stone County: Henderson Case Number: PC-2010-0022 Permit Number: NCGO10000 (NCR002354) ASSESSMENT FACTORS 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; A moderate amount of sediment has been discharged to surface waters. 2) The duration and gravity of the violation; Insufficient monitoring and record keeping has occurred for an indeterminate length of at least 3 months. 3) The effect on ground or surface water quantity or quality or on air quality; A moderate amount of sediment has been discharged to surface waters. 4) The cost of rectifying the damage; Sediment removal would likely cost in excess of$3,000 5) The amount of money saved by noncompliance; Once weekly monitoring,plus monitoring after at least one-half dozen storms and repairs to measures. 6) Whether the violation was committed willfully or intentionally; The permittee is a well experienced developer and has been involved with NCGO 1 permits on many sites. 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 The permittee has been under violation with DWQ at a different site in the past:NOV- 2007-PC-0218. 8) The cost to the State of the enforcement procedures. $130.75 ---� V/2 ' ® cC e R pervisor Division of Water Quality NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director Dee Freeman Secretary April 21, 2010 Town of Cajah's Mountain Town Manager-Connie South 1800 Connelly Springs Road Lenoir,NC 28645 Subject: 401 Water Quality Certification -Approval Floral Drive Sanitary Sewer DWQ Project# 10-0180 Caldwell County CT13 /UT Gunpowder Crk/Class C Dear Ms. South: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. approval has been granted to place fill within or otherwise impact 60 feet of streams for the purpose of sanitary sewer installation 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 3819. This Certification allows you to use Nationwide Permit 12 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Stream 60 (feet) S 1-3 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone;828-296450M FAX:828-299-70431 Customer Service:1-877-623-6748 One Internet:www.ncwaterquality.org No thCarohna An Equal Opportunity 1 Affirmative Action Employer atura!!� Town of Cajahs Mtn April,21,2010 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Linda Wiggs in the Asheville Regional Office at 828-296-4500. Sincerely, Coleen H. Sullins, Director CHS/Isw Enc: GC3819 Certificate of Completion cc: USACE Asheville Regulatory Field Office 401 Permitting Unit—Central Office File Copy The Wooten Company-Clarence Lockamy 1430 B Old Lenoir Road NW Hickory,NC 28601 S:\SWP\Caldwell\401s\Non-DOT\Floral Drive Sewer\Approval.401FloralDriveSewer.4-2010.doc 'A V yA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality - Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 20, 2010 Mr. James Winegar OmniSource Southeast 2233 Wal-Pat Road Smithfield,NC 27577 Subject: No-Exposure Certification NCGNE0687 OmniSource SE—Asheville Facility 339 Old Lyman St., Asheville,NC 28816 Buncombe County Dear Mr. Winegar: The Division has reviewed your submittal of the No-Exposure Certification for Exclusion from NPDES Stormwater Permitting. Based on your submittal and signed certification of no exposure at the above referenced facility, as well as the site visit conducted by Asheville Regional Office staff April 7, 2010, the Division is granting your conditional exclusion from permitting as provided for under 40 CFR 126.22(g), which is incorporated by reference m North Carolina regulations. Please note that by our acceptance of your no-exposure certification, you are obligated to maintain no-exposure conditions at your facility. If conditions change such that your facility can no longer qualify for no-exposure exclusion, you are obligated to immediately obtain NPDES permit coverage for your stormwater discharge. Otherwise, the discharge becomes subject to enforcement as an un-permitted discharge. Your conditional no- exposure exclusion expires in five years (April 19, 2015). At that time you must re-certify with the Division, or obtain NPDES permit coverage for any stormwater discharges from your facility. Your conditional exclusion from permitting does not affect your facility's legal requirements to obtain environmental permits that may be required under other federal, state, or local regulations or ordinances. If you have any questions or need further information, please contact Susan A. Wilson at(919)296-4665, or at susan.a.wilson@ncdenr.gov. Sincerely, ___�__ fo en H. Sullins cc: Stormwater Permitting Unit/Ken Pickle, No-Exposure Files ARO Files SASWP\Buncombe\Stormvvater\3-No Exposures\NCGNE0687 OmniSource SE.4-2010.doc 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 Internet:www.ncwaterquality.org NorthCarolina An Equal Opportunity i Affirmative Action Employer Ncrtura!!If WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 21, 2010 Timothy Barth, Manager Town of Maggie Valley 3987 Soco Rd Maggie Valley NC 28751 SUBJECT: Compliance Evaluation Inspection Maggie Valley Collection System Permit No: WQCS00122 Haywood County Dear Mr. Barth: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection, which I conducted of the Town's collection system on March 12, 2010. The system was found to be in Compliance with permit WQCS00122. Please refer to the enclosed inspection report for additional observations and comments. The assistance provided by Mike Mehaffey and Mike Corbin during the inspection was greatly appreciated. If you or your staff have any questions regarding this inspection or any related matters, please do not hesitate to contact me at 296-4500. Sincerely, Keith Hay s Environmental Sr. Specialist Enclosure cc: Michael Lee Mehaffey, ORC Central Files Asheville Files 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 NorthCaroliina Internet:www.ncwaterguality.ora Naturally Compliance Inspection Report Permit: WQCS00122 Effective: 09/03/08 Expiration: 08/31/16 Owner: Town of Maggie Valley SOC: Effective: Expiration: Facility: Maggie Valley Collection System County: Haywood 3987 Soco Rd Region: Asheville Maggie Valley NC 28751 Contact Person: Michael Lee Mehaffey Title: Phone:828-926-0866 Directions to Facility: System Classifications: CS1, Primary ORC: Michael Lee Mehaffey Certification:25934 Phone:828-926-0866 Secondary ORC(s): On-Site Representative(s): Related Permits: NC0056561 Town of Maggie Valley-Maggie Valley WWTP Inspection Date: 03/12/2010 Entry Time: 11:30 AM Exit Time: 02:30 PM Primary Inspector: Keith Haynes Phone:828-296-4500 Secondary Inspectors): Reason for Inspection: Routine Inspection Type:Compliance Evaluation Permit Inspection Type: Collection system management and operation Facility Status: ■ Compliant Q Not Compliant Question Areas: Miscellaneous Questions E Performance Standards Operation&Maint Reqmts Records ■Monitoring&Rpting 0 Inspections Pump Station Manhole Reqmts Lines (See attachment summary) Page: 1 Permit:WQCS00122 Owner-Facility:Town of Maggie Valley Inspection Date: 03/12/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine ; Inspection Summary: The Town's collection system appears to be very well maintained and properly operated. The ORC does a very good job of keeping abreast with all collection system matters including new gravity systems and connections. Page: 2 Permit:WQCS00122 Owner-Facility:Town of Maggie Valley Inspection Date: 03/12/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? ■ ❑ ❑ ❑ What educational tools are used? Mailings Is Sewer Use Ordinance/Legal Authority available? ■ ❑ ❑ ❑ Does it appear that the Sewer Use Ordinance is enforced? ■ ❑ ❑ ❑ Is Grease Trap Ordinance available? ■ ❑ ❑ ❑ Is Septic Tank Ordinance available(as applicable, i.e. annexation) ■ ❑ ❑ ❑ List enforcement actions by permittee, if any, in the last 12 months None in last 12 months. Has an acceptable Capital Improvement Plan(CIP)been implemented? ■ ❑ ❑ ❑ Does CIP address short term needs and long term\"master plan\"concepts? ■ ❑ ❑ ❑ Does CIP cover three to five year period? ■ ❑ ❑ ❑ Does CIP include Goal Statement? ■ ❑ ❑ ❑ Does CIP include description of project area? ■ ❑ ❑ ❑ Does CIP include description of existing facilities? ■ ❑ ❑ ❑ Does CIP include known deficiencies? ■ ❑ ❑ n Does CIP include forecasted future needs? ■ ❑ ❑ ❑ Is CIP designated only for wastewater collection and treatment? ■ ❑ ❑ ❑ Approximate capital improvement budget for collection system? $60,000.00 Total annual revenue for wastewater collection and treatment? $800,000.00 CIP Comments Working with McGill to improve/update CIP Is system free of known points of bypass? ■ ❑ ❑ ❑ If no, describe type of bypass and location Is a 24-hour notification sign posted at ALL pump stations? ■ ❑ ❑ ❑ #Does the sign include: Instructions for notification? ■ Q ❑ Q Pump station identifier? ■ ❑ ❑ ❑ 24-hour contact numbers ■ ❑ ❑ ❑ If no, list deficient pump stations Page: 3 Permit:WQCS00122 Owner-Facility:Town of Maggie Valley Inspection Date: 03/12/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine #Do ALL pump stations have an"auto polling"feature/SCADA? ■ n n n Number of pump stations 2 Number of pump stations that have SCADA 0 Number of pump stations that have simple telemetry 2 Number of pump stations that have only audible and visual alarms 0 Number of pump stations that do not meet permit requirements 0 #Does the permittee have a root control program? n ■ n n #If yes,date implemented? Describe: no known problems Comment: NA Inspections Yes No NA NE Are maintenance records for sewer lines available? ■ n n n Are records available that document pump station inspections? ■ n n In Are SCADA or telemetry equipped pump stations inspected at least once a week? ■ n n n Are non-SCADA/telemetry equipped pump stations inspected every day? n n ■ n Are records available that document citizen complaints? ■ n n n #Do you have a system to conduct an annual observation of entire system? ■ n n n #Has there been an observation of remote areas in the last year? ■ n n n Are records available that document inspections of high-priority lines? ■ n n n Has there been visual inspections of high-priority lines in last six months? ■ n n In Comment: . Operation &Maintenance Requirements Yes No NA NE Are all log books available? ■ n n n Does supervisor review all log books on a regular basis? ■ n n n Does the supervisor have plans to address documented short-term problem areas? ■ n n n What is the schedule for reviewing inspection, maintenance,&operations logs and problem areas? monthly review Are maintenance records for equipment available? ■ n n n Is a schedule maintained for testing emergency/standby equipment? ■ ❑ n What is the schedule for testing emergency/standby equipment? monthly Page: 4 Permit:WQCS00122 Owner-Facility:Town of Maggie Valley Inspection Date: 03/12/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine Do pump station logs include: Inside and outside cleaning and debris removal? ❑ ■ ❑ ❑ Inspecting and exercising all valves? ❑ ■ ❑ ❑ Inspecting and lubricating pumps and other equipment? ❑ ■ ❑ ❑ Inspecting alarms,telemetry and auxiliary equipment? ❑ ■ ❑ Is there at least one spare pump for each pump station w/o pump reliability? ■ ❑ ❑ ❑ Are maintenance records for right-of-ways available? ■ ❑ ❑ ❑ Are right-of-ways currently accessible in the event of an emergency? ■ ❑ ❑ ❑ Are system cleaning records available? ■ ❑ ❑ Q Has at least 10%of system been cleaned annually? ■ Cl ❑ ❑ What areas are scheduled for cleaning in the next 12 months? Problem areas and lines that have not yet been cleaned. Is a Spill Response Action Plan available? ■ ❑ ❑ Cl Does the plan include: 24-hour contact numbers ■ ❑ ❑ ❑ J/ Response time ■ ❑ ❑ ❑ Equipment list and spare parts inventory ■ ❑ ❑ ❑ Access to cleaning equipment ■ ❑ ❑ ❑ Access to construction crews, contractors, and/or engineers ■ ❑ ❑ ❑ Source of emergency funds ■ ❑ ❑ ❑ Site sanitation and cleanup materials ■ ❑ ❑ ❑ Post-overflow/spill assessment ■ ❑ ❑ ❑ Is a Spill Response Action Plan available for all personnel? ■ ❑ ❑ ❑ Is the spare parts inventory adequate? ■ ❑ ❑ ❑ Comment: Good.plan Records Yes No NA NE Are adequate records of all SSOs,.spills and complaints available? ❑ ❑ ■ ❑ Are records of SSOs that are under the reportable threshold available? ❑ ❑ ■ ❑ Do spill records indicate repeated overflows(2 or more in 12 months)at same location? ❑ ❑ ■ ❑ If yes, is there a corrective action plan? ❑ ❑ ■ ❑ Is a map of the system available? ■ ❑ ❑ ❑ Page: 5 Permit:WQCS00122 Owner-Facility:Town of Maggie Valley Inspection Date: 03/12/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine Does the map include: Pipe sizes ■ n n n Pipe materials ■ n n n Pipe location ■ n n n Flow direction ■ n n n Approximate pipe age n n n Number of service taps ■ n n n Pump stations and capacity n ■ In n If no,what percent is complete? no room for everything List any modifications and extensions that need to be added to the map Very nice map #Does the permittee have a copy of their permit? ■ n n n Comment: Yes Monitoring and Reporting Requirements Yes No NA NE Are copies of required press releases and distribution lists available? n n ■ n - Are public notices and proof of publication available? n n ■ n #Is an annual report being prepared in accordance with G.S. 143-215.1 C? n ■ n n #Is permittee compliant with all compliance schedules in the permits? n n ■ n If no,which one(s)? Information annual reporting has been sent to the Town. Comment: OK #2 -Off of 276 Pump Station Yes No NA NE Pump station type Duplex Are pump station logs available? ■ n n n Is it accessible in all weather conditions? ■ n n n #Is general housekeeping acceptable? ■ n n n Are all pumps present? ■ n n n Are all pumps operable? ■ n n n Are wet wells free of excessive debris? n n n ■ Are upstream manholes free of excessive debris/signs of overflow? ■ n n n l�J Page: 6 Permit:WQCS00122 Owner-Facility:Town of Maggie Valley Inspection Date: 03/12/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine Are floats/controls for pumps/alarms operable? ■ ❑ ❑ ❑ Is"auto polling"feature/SCADA present? ❑ ❑ ■ ❑ Is"auto polling"feature/SCADA operational? ❑ ❑ ■ ❑ Is simple telemetry present? ■ ❑ ❑ ❑ Is simple telemetry operational? ■ ❑ ❑ ❑ Are audio and visual alarms present? ■ 0 n ❑ Are audio and visual alarms operable? ■ ❑ ❑ ❑ Is the Pump station inspected as required? ■ ❑ ❑ ❑ Are backflow devices in place? ❑ ■ ❑ ❑ Are backflow devices operable? ❑ Q ■ ❑ Are air relief valves in place? ❑ ❑ ■ ❑ 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? ■ Cl ❑ ❑ Is a 24-hour notification sign posted? ■ ❑ ❑ ❑ Does it include: Instructions for notification? ■ ❑ ❑ ❑ Pump station identifier? ■ ❑ ❑ ❑ Emergency phone number ■ ❑ ❑ ❑ Is public access limited? ■ ❑ ❑ ❑ Is pump station free of overflow piping? ■ ❑ ❑ ❑ Is the pump station free of signs of overflow? ■ 13 ❑ ❑ Are run times comparable for multiple pumps? no timer Comment: No clock/timer 1024 -HEMC Manhole Yes No NA NE Page: 7 Permit:WQCS00122 Owner-Facility:Town of Maggie Valley Inspection Date:03/12/2010 Inspection Type:Compliance Evaluation Reason for Visit: Routine Is manhole accessible? ■ n n n #Is manhole cover/vent above grade? ■ n n n Is the manhole free of visible signs of overflow? ■ n n Is the manhole free of sinkholes and depressions? ■ n n n Is manhole cover present? ■ n n n #Is manhole properly seated? ■ n n n #Is manhole in good condition? ■ n n n #Is invert in good condition? ■ o n n Is line free-flowing and unrestricted in manhole? ■ n n n Is manhole free of excessive amounts of grease? ■ n n n Is manhole free of excessive roots? ■ n n Is manhole free of excessive sand? ■ o n n Is manhole's extended vent screened? n n ■ n Are vents free of submergence? n n ■ n Are manholes free of bypass structures or pipes? ■ n n n Comment: New manhole 6,7,8 AND 9 - Lines/Right-of-Ways/Aerlel Lines Yes No NA NE Is right-of-way accessible for emergency? ■ n n n Is right-of-way free of sinkholes or depressions? ■ n n n Is line/right-of-way free of evidence of leakage? ■ n n n #Are there areas of exposed line? ■ n n n #Is any exposed line constructed of ductile iron or other approved material? ■ n n n Are water crossing and supports in good condition? ■ n n n #Is right-of-way free of non-utility motorized traffic? ■ n n ❑ Is line free of visible damage? ■ n n n #Are there siphons in this system? n ■ n n If yes, are they maintained and documented? NA Comment: Line#7 will be replaced it is considered critical. 998 -Summer Place Page: 8 Permit:WQCS00122 Owner-Facility:Town of Maggie Valley Inspection Date: 03/12/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine Manhole Yes No NA NE Is manhole accessible? ■ ❑ ❑ ❑ #Is manhole cover/vent above grade? ■ ❑ ❑ ❑ Is the manhole free of visible signs of overflow? ■ ❑ ❑ ❑ Is the manhole free of sinkholes and depressions? ■ ❑ ❑ ❑ Is manhole cover present? ■ ❑ ❑ ❑ #Is manhole properly seated? ■ ❑ ❑ ❑ #Is manhole in good condition? ■ ❑ ❑ ❑ #Is invert in good condition? ■ ❑ ❑ n Is line free-flowing and unrestricted in manhole? ■ ❑ ❑ ❑ Is manhole free of excessive amounts of grease? ■ ❑ ❑ ❑ Is manhole free of excessive roots? ■ ❑ ❑ Q Is manhole free of excessive sand? ■ ❑ ❑ ❑ Is manhole's extended vent screened? ❑ ❑ ■ ❑ Are vents free of submergence? ❑ ❑ ■ ❑ Are manholes free of bypass structures or pipes? ■ ❑ ❑ ❑ Comment: Page: 9 A4" A L NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality - Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 23, 2010 Unimin Jeff Ferguson PO Box 588 Spruce Pine,NC 28777 Unimin Scott Fortner PO Box 588 Spruce Pine,NC 28777 SUBJECT: NPDES Stormwater Compliance Inspection Unimin-Schoolhouse Facility Permit No: NCO000361 Avery County Dear Mr. Ferguson and Mr. Fortner: - This letter is in follow-up to the stormwater compliance inspection conducted on April 13, 2010. The inspection was performed to evaluate the Unimin-Schoolhouse facility with relation to stormwater. This site covers approximately 4,000 acres. Only small portions of the site were evaluated. The portions evaluated were in route to the outfalls associated with the Stormwater Representative Outfall Status (ROS) granted May 8, 2003. Three Stormwater Discharge Outfalls (SDO)were observed: MR-1, SCWI-A, and PLT 1. The Schoolhouse Facility is covered by NPDES Permit No.NC0000361 which incorporates permit conditions related to turbidity and stormwater discharges. The Schoolhouse facility discharges to the North Toe River, a Class C, Trout (C,Tr) waterbody. This portion of the North Toe River is impaired for turbidity. Due to this impairment, efforts to make improvements throughout the watershed are underway. Improvements to stormwater contributions of turbid waters will be evaluated. The Division suggests that Unimin take a proactive approach to stormwater discharge improvements and consider the following recommendations to maintain compliance with stream standards, specifically turbidity. The current permit incorporates Unimin's old NCG020000 NPDES Stormwater Permit (NCG020112) for mining industries. The old stormwater permit required annual analytical monitoring of SDOs which provided little information related to the stormwater basins effectiveness and compliance with stream standards. The newly issued NCG020000 NPDES Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 NOrthCarolina Internet:www.ncwaterquality.org �aturallrf An Equal Opportunity 1 Affirmative Action Employer Unimin-Schoolhouse April 23,2010 Page Two Stormwater Permit incorporates a tiered response approach to monitoring and better evaluates stormwater best management practices. The last three years of analytical monitoring performed at Unimin's three SDOs were reviewed during the inspection. Some of those results could indicate compliance issues. Ultimately Unimin needs to determine if their operations are contributing to turbidity standard violations in the receiving waters and, if so, what management practices need to be initiated to eliminate such conditions. Therefore, it is suggested that, during the next several rain events Unimin perform analytical monitoring of their SDOs: MR-1, SCWl-A, and PLT 1. To correlate the SDO results with stream standards, it is also suggested that upstream and downstream analytical monitoring be performed concurrently. This will allow Unimin to determine if stormwater control measures are working to optimum efficiency and if stream standards are being met. Attached is a map indicating the SDOs along with associated upstream/downstream monitoring locations. It is also suggested that a qualitative monitoring event for all SDOs take place with one of these sampling events. This will help Unimin evaluate all drainage areas contributing to stormwater discharges and determine if other drainage areas' stormwater control devices need attention. A general overall observation that would be beneficial to the Unimin Schoolhouse facility is to view the North Toe River upstream of the facility and then view the river directly below the facility in the vicinity of Laurel Creek to visually evaluate for changes in turbidity, during discharge events. A copy of the current NCG020000 NPDES Stormwater Permit for mining industries is attached for your reference. Please contact me at(828) 296-4653 or linda.wiggsAncdenr.gov, if I can be of any further assistance. Sincerely, Linda Wiggs Environmental Specialist Surface Water Protection Enclosure cc: Central Files Asheville Files SASWMAvery\Stormwater\NCG02 Min ing\Unimin\CEIschoolhouse4-IO.doc 4 �►� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary April 13, 2010 CERTIFIED MAIL CERTIFIED MAIL - 2ND MAIL ATTEMPT-April 23 2010 RETURN RECEIPT REQUESTED—7007 1490 0004 0713 8984 RETURN RECEIPT REQUESTED—7007 1490 0004 0713 8922 Brookside Village Association Lynn Johnson, President 630 Brookside Camp Road Brookside Village Association Hendersonville,North Carolina 28792 c/o Paramount Property Management Post Office Box 59 Hendersonville,North Carolina 28793 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 NCO083313 Brookside Village Association Brookside Village WWTP Case No. LM-2010-0015 Henderson County Dear Sir: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$367.00 ($300.00 civil penalty + $67.00 enforcement costs) against Brookside Village Association. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Brookside Village Association for the month of November 2009. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0083313. The violations which occurred in November 2009 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Brookside Village Association violated the terms, conditions or requirements of NPDES Permit NCO083313 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, l, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Brookside Village Association: NorthCarolina �aturallr� 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.ncwateraualiy.om NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 23, 2010 Mr. Charles Summey, City Manager Town of Forest City 128 North Powell Street Forest City, N.C. 28043 Subject: Permit No. WQ0034718 Town of Forest City Grahamtown Sewer Improvements Wastewater Collection System Extension Rutherford County Dear Mr. Summey: In accordance with your application received April 12, 2010, we are forwarding herewith Permit \ No. WQ0034718, dated April 23, 2010, to The Town of Forest City 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 Don Price a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa, NC 28778 Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Mr. Charles Summey, City Manager April 23, 2010 Page 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Town of Forest City for the construction and operation of approximately 1100 linear feet of 8-inch gravity sewer and 288 linear feet of 6-inch rehabilitated gravity sewer as part of the Grahamtown Area Sewer project, and the discharge of 0 gallons per day of collected domestic wastewater into the Town of Forest City's existing sewerage system, pursuant to the application received April 12, 2010 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of.Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit.The sewage and wastewater collected by this system shall be treated in the Town of Forest City's Wastewater Treatment Facility (Permit No. NC0025984) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes,and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Don Price at (828) 296- 4500. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Rutherford County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0025984) Michael T. Dowd, P.E./McGill Associates P.A. Surface Water Protection Section Central Files PERCS Files S ISMIRutherfordlCollection SystemsTorest City Collection System\W00034718 Grahamtown Sewer Improvements 04 23 2010.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. - 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. 1 PERMIT NO W00034718 Town of Forest City, Qrahamtown Sewer Replacement Rutherford County6g it 23 2010 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 PERMIT NO, W00034718. Town of Forest City- Grahamtown Sewer Replacement, Rutherford CountyApril 23 2010 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part 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 23`d Day of April, 2010 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for itol en H. Sullins, Director Division of Water Quality _ By Authority of the Environmental Management Commission Permit Number WQ0034718 3 PERMIT NO W00034718 Town of Forest City Grahamtown Sewer Replacement Rutherford CountyApril 23. 2010' .. ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: permission is hereby granted to the Town of Forest City for the construction and operation of approximately 1100 linear feet of 8-inch gravity sewer and 288 linear feet of 6-inch rehabilitated gravity sewer as part of the Grahamtown Area Sewer project, and the discharge of 0 gallons per day of collected domestic wastewater into the Town of Forest City's existing sewerage system. Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEERS CERTIFICATION ❑ Partial ❑ Final l as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ................................................................................................. SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 The is responsible ltil partial until i received.Any tflow made tibtaryto the was ewater colleconsystem extension priory to completion this Engineers 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 April 23, 2010 Mr. Sam Greenwood, Town Manager Town of Franklin P.O. Box 1479 Franklin, N.C. 28734 Subject: Permit No. WQ0034719 Town of Franklin Sawmill Village Sewer Project Wastewater Collection System Extension Macon County Dear Mr. Sam Greenwood: In accordance with your application received April 12, 2010, we are forwarding herewith Permit No. WQ0034719, dated April 23, 2010 to The Town of Franklin for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Don Price a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143- 215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa, NC 28778 Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Town of Franklin April 23, 2010 Page 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Town of Franklin for the construction and operation of approximately 287 linear feet of 8- inch gravity sewer to serve a 4200 sq. ft. store and retail space as part of the Sawmill Village sewer project, and the discharge of 504 gallons per day of collected domestic wastewater into the Town of Franklin's existing sewerage system, pursuant to the application received April 12, 2010 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Town of Franklin's Wastewater Treatment Facility (Permit No. NC0021547) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Don Price at (828) 296- 4500. Sincerely, _ l� for Coleen H. Sullins, Director Division of Water Quality cc: Macon County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0021547) Larry A. Lackey, Jr. P.E./CEtech Associates, PA Surface Water Protection Section Central Files PERCS Files S:\SWP\Macon\Co11ecUon Systems\Franklin Collection System\W00034M Town of Franklin Sawmills Village 04 23 2010.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance 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 W00034719 Town of Franklin Sawmill Village Project, Macon County April 23 2010 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit;. 15A NCAC 2T.; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 PERMIT NO. W00034719, Town of Franklin, Sawmill Village Project, Macon County April 23, 2010 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part 11 of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 23rd day of April, 2010 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION J�� ..4 Zz-'" for dole n H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0034719 3 PERMIT NO W00034719 Town of Franklin, Sawmill Village Project, Macon County April 23 2010 ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: permission is hereby granted to the Town of Franklin for the construction and operation of approximately 287 linear feet of 8-inch gravity sewer to serve a 4200 sq. ft. store and retail space as part of the Sawmill Village sewer project, and the discharge of 504 gallons per day of collected domestic wastewater into the Town of Franklin's existing sewerage system Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point,available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the Division of VVater 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. -..•.. RCQENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 26, 2010 Mr. Woodard E. Farmer, Jr. 401 S. Tryon St., Suite 3000 Charlotte,NC 28202 Subject: Request for More Information 401 Water Quality Certification Century 21 — 12 All Souls Crescent DWQ Project#2010-0201 Buncombe County Response deadline: May 26, 2010 Dear Mr. Farmer: 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: 1. The stated purpose of the project(B.3.d. of the PCN) is to stabilize the streambank and prevent future erosion. Other methods, besides armoring the streambank with a wall, could be used to accomplish this goal. The use of a straight rock wall will no longer allow the stream to access it floodplain and will transfer hydraulic energy downstream; DWQ discourages this practice whenever feasible. Please evaluate using natural stabilization methods such as stabilizing the toe of the slope with boulders and laying the streambanks back at a 3:1 slope with native plantings. Please provide your response in writing to the addresses below by May 26, 2010. Four copies of the required information should be provided to the 401 Permitting Unit at: Mr. Ian McMillan 401 Permitting Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-29645001 FAX:828-299-70431 Customer Service:1-877-623-6748 One Internet:www.ncwaterquality.org NorthCarol:in.a An Equal Opportunity l Affirmative Action Employer Natmallry Mr.Farmer April 26,2010 Page 2 of 2 and a single copy to the Asheville Regional Office at: Ms, Susan A. Wilson_ Surface Water Protection Section 2090 US HWY 70 Swannanoa,NC 28778 If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and we will consider the project withdrawn. This letter only addresses the preliminary application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized(at this time)by the DWQ. Please call Ms. Wilson 828-296-4665, if you have any questions. Sincerely, t� U Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office cc: Tasha McCormick-US Army Corps of Engineers Asheville Field Office David McHenry -North Carolina Wildlife Resources Commission Bill Roark, P.E., McGill Associates ARO File copy S:\SWP\Buncombe\401s\Non-DOT\Century 21-12 All Souls Crescent\Add Info.Century21.20100201.April 2010.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary April 26, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8915 Mr. John R. Herron and Ms. Melissa Herron Herron Property P.O. Box 6411 Asheville, NC 28816 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Herron Property NOV-2010-SS-0022 -� Stream Standard Violation- Other Waste (In-stream sediment) Removal of Best Usage Buncombe County Response deadline: May 14, 2010 Dear Mr. Herron and Ms. Herron: On April 15, 2010, Susan A. Wilson and Jeff Menzel from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection at your property between Brevard and Fore Road in Buncombe County. Stream standards violations were noted during the inspection and file review. Sediment, debris and culvert impacts to an unnamed tributary to Boring Mill Branch were documented during the site inspection. As a result of the site inspection and file review, the following violations were noted. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOl't11CaY011lla Phone: 296-45001 FAXty 99-70431 Customer Service:1-877-623-6748 �aturallt� Internet:: www.ncwaterquali .org ty.org An Equal Opportunity 1 Affirmative Action Employer Herron Property April 26,2010 Page 2 of 4 VIOLATIONS I. Stream Standard Violation - Other Waste (In-stream sediment/debris) 15A NCAC 02B 0211 (3)f Greater than 60 feet (in three different areas) of an unnamed tributary to Boring Mill Branch, a Class C waterbody in the French Broad River Basin, was impacted by sediment and debris in two areas of the tributary, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f). II. Removal of Best Usage— 15A NCAC 02B.0211 (2)—Greater than 75 feet (in three different areas) of an unnamed tributary to Boring Mill Branch was impacted by culverts, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2). No record of authorization(Water Quality Certification) for this activity is on file with the DWQ. REQUIRED RESPONSE This Office requests that you respond in writing by May 14, 2010. Your response should be sent to both the attention of Susan A. Wilson, 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: � J I. 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 waters on the tract. This map should indicate all of the 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(Plan)to this office for review and approval. The Plan must address removal of the accumulated sediment and debris from the unnamed tributary to Boring Mill Branch. The Plan must be submitted to the Division of Water Quality for review and approval prior to implementation. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with your plan development, permit application and authorization necessary to achieve compliance. It is recommended that your consultant contact Ms. Wilson of the Asheville Regional Office for additional guidance during restoration plan development. The Restoration Plan should include the following: 110 of 4 • A narrative explaining how sediment/debris will be removed and how impacted waters will be restored. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment/debris. • 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 Ms. Wilson. II. Removal of Best Usage— 15A NCAC 02B.0211 (2) a. Please explain why the culvert/fill impacts occurred without prior authorization. Clearly explain why appropriate 401 Water Quality Certification and a 404 Permit were not secured (for the culverts/fill). b. Please submit the following documents for review and approval: • Permit Application—If you wish for any impacts to remain in place, you must contact the U.S. Army Corps of Engineers (USACOE) for information on the type(s) of permit required. Depending on the type of permits USACOE requires, application for a 401 Water Quality Certification to DWQ will also be required. Please note that sediment impacts to streams are not permittable. • Please indicate in your response a detailed schedule with dates explaining when the restoration will be accomplished, and if you plan to seek a permit for the permittable impacts, when an application will be submitted 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. Herron Property April 26,2010 Page 4 of 4 Should you have any questions regarding these matters, please contact Ms. Susan A. Wilson at (828) 296-4500. Sincerely, i Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy City of Asheville/Stormwater Engineering/Danny Gibson Buncombe County/Erosion Control/Doug Sharp ACOE/Tasha McCormick S:\SWP\Buncombe\Complaints\Herron Property 1431 Brevard Rd\NOV-2010-OP-0024.Herron Property1431 Brevard Rd.04 2010.doc 'ti NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 26, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8908 Mr. Aaron Hamlin Wedgefield Acres Mobile Home Park 558 Pond Road Asheville,North Carolina 28806 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 NCO062634 Wedgefield Acres Mobile Home Park Wedgefield Acres MHP WWTP Case No. MV-2010-0009 Buncombe County Dear Mr. Hamlin: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$717.00 ($650.00 civil penalty+ $67.00 enforcement costs) against Wedgefield Acres Mobile Home Park. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Wedgefield Acres Mobile Home Park for the month of November 2009. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0062634. The violations which occurred in November 2009 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Wedgefield Acres Mobile Home Park violated the terms, conditions or requirements of NPDES Permit NCO062634 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, l, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Wedgefield Acres Mobile Home Park: None rthCarolina SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE NataM4 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 $650.00 26 of the 26 violations of G.S. 143-215 and NPDES Permit No. NC0086428, for failure to properly monitor Continuous Flow in violation of the Permit Monitoring requirements. $650.00 TOTAL CIVIL PENALTY $67.00 Enforcement Costs $717.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 2 82.1(b), which are: �� (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice,you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center \ Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification - for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh,NC 27699 1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. 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, Ro Tc. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office ATTACHMENTS cc: DWQ Asheville Files w/ attachments DWQ Central Files w/attachments Bob Guerra/DWQ Enforcement Files w/ attachments James &James Environmental/ORC w/attachments `'�Si (';f3�incc:+mhc'.t�%;t lc� rter:��l�ii�sr�'.�`�Gi,e,t5 lit Aci�s R31l1'trEi3=:la-tt"?(lit)-UOU�).lac JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: MV-2010-0009 County: Buncombe Assessed Party: Wedgefield Acres MHP Permit No.: NC0062634 Amount Assessed: $717.00 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. § 14311-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF BUNCOMBE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS WEDGEFIELD ACRES MHP ) PERMIT NO. NCO062634 ) FILE NO. MV-2010-0009 Having been assessed civil penalties totaling $717.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated April 26, 2010, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ' ADDRESS TELEPHONE w C C C C C C C C C C C C C C C C C C C C C C C C IL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m m m m m m m m o o 0 0 0 0 0 m 0 m m m m m m m m m m m m m m m 0 0. 0 0 o 0 0 'o 0 0 0 0 0 0 0 0 Z 5 5 > 5 > 5 > 5 s > > y > 5 5 5 > 5 > 5 > 5 y 5 ° c L) U 4 C C C C C C C C C C C C C C C C C C C C C C C C Q W W W W W W W W W W W W W W W W W W W W W W W W J 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 ° Q 0" Q U IS Q 0' Cr O' fJ a D' fS 0' D• O' Q Q IS O' U O' U O' LL LL U- LL LL LL U- LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL W F >2 OJ a O W gw =J U� J Q U F J W LL. 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'} ) \ } { \ } } § © { E 'SE § ! ! ! ! NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 27, 2010 Tim Phillips Soapstone Creek Estates, LLC 878 Cascade Lake Rd Pisgah Forest,North Carolina 28768 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2009-OP-0045 Stream Standard Violation- Other Waste (In-stream sediment) Failure to Secure a 401 Water Quality Certification(WQC) Removal of Best Usage (culverts) Henderson County Response deadline: May 10, 2010 Work Completion deadline: August 1,2010 Dear Mr. Phillips: On March 29, 2010, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality(DWQ) conducted a site inspection and meeting at the Soapstone subdivision in Henderson County. You and Mr. Tim Fox(Henderson County Erosion Control)were present. The purpose of the visit was to re-evaluate the stream and pond impacts caused by sediment and discuss the actions necessary to resolve violations. According to the findings, much of the sediment has moved through the stream and deposited in the pond, although pockets of sediment remain throughout the stream reach. As previously indicated, removal of sediment must take place throughout the stream and within the pond. Sediment removal from the pond, being required under the subject Notice of Violation(NOV), shall only pertain to sediment identified as lost from the Soapstone subdivision just prior to May 20, 2009, when Mr. Cranford first visited the site. Any sediment identified as having been deposited in the pond prior to the Spring 2009 timeframe is not subject to removal under this enforcement action. Determination of the appropriate removal amount should be performed by an environmental professional, neutral to the parties involved. The Division understands that the pond will have to be drained and allowed time to dry in order to perform the sediment removal. Any activities undertaken to drain and dredge the pond must SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna Phorie;: www.ncwate1 FAX: .or 299-7043\Customer Service:1-877-623-6748 �atlit'allt� Internet: www.ncwaterquality.org An Equal Opportunity\Affirmative Action Employer I `�._ ��1 rhillips April 27,2010 Page 2 of 2 protect downstream waters from sediment and highly turbid conditions. Consultation with an environmental professional is highly recommended for planning and field work oversight. If sediment is discharged downstream of the pond, additional remediation will be required. Your remission request has been received by the Division. At this time, a final decision will be postponed until after the Work Completion deadline of August 1, 2010. Your actions and cooperation will be the determining factor in our decision. Please respond in writing to this letter by May 10, 2010. Your response should include your intentions and plan of action to address the outstanding violations; including, employment of an environmental professional, specifics and details regarding the techniques to drain and dredge the pond (protecting downstream water quality) and dates when you anticipate beginning and completing the required work. Thank you for your attention to this matter. Your timely response is required to prevent further actions by the Division. Sincerely, Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit Tim Fox—Henderson County(e-copy) ARO File Copy i P 4 P l �t .fir j �\_�i \_✓; A J�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 April 27, 2010 Glenn Young K T Feldspar Corporation PO Box 309 Spruce Pine NC 28777 SUBJECT: Compliance Evaluation Inspection K-T Feldspar Corp-Spruce Pine Permit No: NC0000400 Mitchell County Dear Mr. Young: Enclosed please find a copy of the Compliance Evaluation Inspection Report from the inspection conducted on March 26, 2010. The Compliance Evaluation Inspection was ; - conducted by Matt Matthews of the Central Office and Keith Haynes of the Asheville Regional Office. The facility was found to be in Compliance with permit NC0000400. 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 contact me at 828-296-4500. Sincere, Keith Hayne Environmental Sr. Specialist Enclosure cc: Eddie Duncan; ORC Central Files Asheville Files S:\SWP\Mitchell\Wastewater\lndustrial\K-T Feldspar 00400\CE10326101etter.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NOZ'thCaTOhria Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 // Internet:www.ncwateroualitv.orp naturally United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NC0000400 111 121 10/03/26 117 181 CI 19I SI 201 I 1 Remarks 1= l_ 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA -------------------------—Reserved------------------- 67 I 169 70 U 71 I I 72I N I 73 I_I _t�I 174 751 I I I I I Li 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 10/03/26 06/10/01 K-T Feldspar Corp-Spruce Pine Hwy. 226 North Exit Time/Date Permit Expiration Date Spruce Pine NC 28777 10:30 AM 10/03/26 11/02/28 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Eddie Keith Duncan/ORC/828-765-9621/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Glenn Young,PO Box 309 Spruce Pine NC 28777//704-765-9621/ Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Flow Measurement Operations&Maintenance E 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) Name(s)and Signature s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Keith Haynes ' ARO WQ//828-296-4500/ 4 U':� '�b David L Matthews NPDES WW Permitting Unit//919-733-5083 Ext.5 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date n Roger C Edwards ARO WQ//828-296-4500/ 7 ®w EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 9� NC0000400 �11 121 10/03/26 1 181 Uj Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The new effluent sampler and platform was on site and was to be installed in April. There was some question regarding the ORC log book. The 24th and 25th of February entries were missing. It is imperative that either the ORC or Back-up ORC fills out the operator log on a daily basis Monday through Friday. No problems were noted with the effluent or the receiving stream. Page# 2 Permit: NC0000400 Owner-Facility: K-T Feldspar Corp-Spruce Pine Inspection Date: 03/26/2010 Inspection Type: Compliance Evaluation Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge 0 ❑ ■ Judge,and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ 0 ❑ 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: Public has access to the plant from various locations around the property. Lagoons Yes No NA NE Type of lagoons? #Number of lagoons in operation at time of visit? 2 Are lagoons operated in? Series #Is a re-circulation line present? ■ n n n Is lagoon free of excessive floating materials? ■ n n n #Are baffles between ponds or effluent baffles adjustable? n ■ n n Are dike slopes clear of woody vegetation? ■ n n n Are weeds controlled around the edge of the lagoon? ■ n n n Are dikes free of seepage? ■ n n n Are dikes free of erosion? ■ n n n Are dikes free of burrowing animals? n n n ■ #Has the sludge blanket in the lagoon(s)been measured periodically in multiple locations? ■ n n n #If excessive algae is present, has barley straw been used to help control the growth? n n ■ n Is the lagoon surface free of weeds? ■ ❑ n n Is the lagoon free of short circuiting? ■ n n Cl Comment: These are actually settling ponds and not lagoons. Flow Measurement-Effluent Yes No NA NE #Is flow meter used'-for reporting? ■ Q Page# 3 Permit: N00000400 Owner-Facility: K-T Feldspar Corp-Spruce Pine Inspection Date: 03/26/2010 Inspection Type: Compliance Evaluation Flow Measurement-Effluent Yes No NA NE Is flow meter calibrated annually? ■ ❑ ❑ ❑ Is the flow meter operational? ■ ❑ n n (If units are separated)Does the chart recorder match the flow meter? ❑ ❑ ■ ❑ Comment: New effluent flow meter installed late winter 2010 Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ■ ❑ ❑ ❑ Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ■ ❑ ❑ ❑ Is sample collected below all treatment units? ■ ❑ ❑ ❑ Is proper volume collected? ❑ ■ n n Is the tubing clean? ■ ❑ ❑ ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ ❑ ❑ ❑ Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ■ ❑ ❑ ❑ Comment: Once the new sampler is in operation, make sure that at least 100 ml of sample is collected for each "pull'. Page# 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 27, 2010 Mr. Johnny Brown, Mayor Town of Andrews P.O. Box 1210 Andrews ,North Carolina 28901 Subject: NOTICE OF VIOLATION NOV-2010-MV-0039 Permit No. NCO020800 Andrews WWTP Cherokee County Dear Mr. Brown: A review of Andrews WWTP's monitoring report for December 2009 showed the following violations: Parameter Date Measuring Violation Frequency BOD 12/03/2009 5 Times/Week Failure to Monitor BOD 12/04/2009 5 Times/Week Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If the above parameter was left off inadvertently please send an amended DMR to Raleigh. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296- 4500. Sincerely, IN, z .,�&,L Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files 5`t�)t"uP1(.tierokee\Wastewater11 Li!,iicipai4Andrews WWTP 2080C1;t OV-2010-MV-0039.doc one NorthCarotina ,Naturally 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 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Goleen H.Sullins Dee Freeman Governor Director Secretary April 27, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED—7007 1490 0004 0713 8892 Mr. Nathan D. Benson Benson Apartments P.O. Box 1090 Mountain Home,North Carolina 28758 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 NCO066362 Benson Apartments WWTP Case No. LV-2010-0118 Henderson County Dear Mr. Benson: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$900.00 ($900.00 civil penalty + $67.00 enforcement costs) against Benson Apartments. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Benson Apartments for the month of December 2009. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0066362. The violations which occurred in December 2009 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Benson Apartments violated the terms, conditions or requirements of NPDES Permit NCO066362 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 Benson Apartments: One N�orthCaroll/ina �/V SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE ahlral[Zff Location:2090 U.S. Highway 70,Swannanoa, NC 28778 Phone:(828)296-4500\FAX:828 2997043\Customer Service: 1-877-623-6748 Internet:www.ncwaterauality.org -AV"- 0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $.00 NC0066362, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for BOD - Conc. ( )O 1 of the 1 violations of G.S. 143-215.1 a 6 and NPDES Permit No, $100.00 NC0066362, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for FEC COLI. 1 of the 1 violations of G.S. 143-215.l(a)(6) and NPDES Permit No. $250.00 NC0066362, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for NH3-N - Conc. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0066362, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for TSS. 3 of the 3 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $300.00 NC0066362, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for TSS. $900.00 TOTAL CIVIL PENALTY $67.00 Enforcement Costs $967.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 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 must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven(7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh,NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. 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 Asheville Regional Office ATTACHMENTS cc: DWQ Asheville Files w/attachments DWQ Central Files w/attachment Bob Guerra/DWQ Enforcement Files w/attachments James & James Environmental/ORC w/attachments S:`.S"( j leiider;on Ma tewater`\1niors`;lBen;on E\paitments 66362`LV-2010-0113.doc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2010-0118 County: Henderson Assessed Party: Benson Apartments WWTP Permit No.: NC0066362 Amount Assessed: $967.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents,as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN `- OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS BENSON APARTMENTS ) PERMIT NO. NCO066362 ) FILE NO. LV-2010-0118 Having been assessed civil penalties totaling $967.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated April 27, 2010, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE m r \ \ \ \ \ \ \ £ § . § k Mm § § § § § G « m_ § § Jo 2 8 . _ _ _ co co : e q§ § o § . � a 2 R \ 2 2 2 2 / 0 m CD CD CD CD CD m— — — — — § ) z a) \ Co } \ 0 ) (4) n n n § 0 } § o 2/ n m ƒ � . / o _ ta- _ _ § $ \ \ o \ \ ~ §% / \ cc / . 2 to 2 co 2 z { § — — m m < 2 m g q . < � CD > 6 # 00 n ■c o , , e 2 } B §§ % % } s �o . . m m CL CA & a a \ ) m § § . � Ln en .cow a o a §) m� m . k 5 & k m <m p 0 z . o R.= 2 k � % \ \ (/ \ / > f % } \ } & 3 K d CD . (. D 5 S § ( S ] m m m m m m m ( m . A4i';A NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Goleen H. Sullins Dee Freeman Governor Director Secretary Division of Water Quality April 27, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED— 7007 1490 0004 0713 8885 Mr. Justin Hembree, Town Manager Town of Tryon 301 N Trade St Tryon NC 28782 SUBJECT: Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1) and Collection System Permit WQCS00111 Case No. DV-2010-0043 Town of Tryon, Tryon Collection System Polk County Dear Mr. Hembree: This letter transmits an assessment of civil penalty in the amount of$7,134.00 ($7,000.00 civil penalty + $134.00 enforcement costs) against Town of Tryon. This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow(SSO) 5-Day Reports submitted by Tryon Collection System. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS001I I and G.S. 143-215.1(a)(1). The violation(s)that occurred on 01/17/2010, 01/24/2010, and 02/05/2010 resulting in a spill of 780,000 gallons of untreated wastewater are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Town of Tryon violated the terms, conditions or requirements of Collection System Permit WQCS00111 and G.S. 143-215.1(a)(1) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A, a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Town of Tryon. 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:1-877-623-6748 Naturally www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer S:\SWP\Polk\Collection Systems\Tryon Collection System\DV-2010-0043.doc .on System WQC'S001 I 1 ,o.DV-2010-0043 _... ........ Area Violation Date Description Violation Type CSO/SSO (Sewer 01/17/2010 Sanitary Sewer Overflow Discharge Overflow) 30,000 gallons Without Valid NOV-2010-DV-0100 Permit $1,000 CSO/SSO (Sewer 01/24/2010 Sanitary Sewer Overflow Discharge Overflow) 250,000 gallons Without Valid NOV-2010-DV-0101 Permit $2,000 CSO/SSO (Sewer 01/24/2010 Sanitary Sewer Overflow Discharge Overflow) 350,000 gallons Without Valid NOV-2010-DV-0102 Permit $2,000 CSO/SSO (Sewer 02/05/2010 Sanitary Sewer Overflow Discharge Overflow) 150,000 gallons Without Valid NOV-2010-DV-0103 Permit $2,000 $7,000.00 (4 of the 4) SSO Sanitary Sewer Overflows 780,000 gallons Discharge Without Valid Permit $134.00 Enforcement Costs $7,134.00 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.I(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: Tryon('ollection System WQCSOOI 11. Case No.DV-2010-0043 Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission 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: ..on System WQCS001 I I. qo.DV-2010-0043 Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 AND Roger C. Edwards, Regional Supervisor, Surface Water Protection Section, Asheville Regional Office 2090 U.S. Hwy. 70 Swannanoa,N.C. 28778 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 AND Mail or hand-deliver a copy of the petition to Mary Penny Thompson, Registered Agent Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Tryon Collection System WQCS001 I I Case No.DV-2010-0043 AND Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact Jeff Menzel of the Asheville Regional Office at(828)296-4500. Ro er . Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: PERCS Unit Enforcement File w/attachments Central Files w/attachments Asheville Regional Office STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF POLK IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS TRYON COLLECTION SYSTEM ) TOWN OF TRYON ) PERMIT NO. WQCS001 I I ) FILE NO. DV-2010-0043 Having been assessed civil penalties totaling $7,134.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated April 27, 2010, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality with thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number:DV-2010-0043 County: POLK Assessed Party: TOWN OF TRYON - Permit No. : WQCS00111 Amount Assessed: $ 7,134.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: W o. n a a a a a a a Q 7 7 0 J 0 0 0 0 O 0) o) a1 rn `m m N U U U (LJ Q N N _N _N O W Q O O O O W J� O O O O Y O IL z M 0 U M O O Qo O z �+ N � UO c � Q 3 w Q ~ z w U) d U E y a`) a`) `m m` y� 11 CL a a 0 7 7 0 y C) z L L_ L_ L O a rn rn rn U c� - ca ccoc O co N N_ N_ N_ ~ 3 3 3 3 F � E J O O O > U L ui a3: ro a3: a3: 0 0 0 0 w 0 � � U U U U O O O Z F Q H Cy O ZW R O� O � L J O O O O W d Q O O O O O r w o C. 0 0 0 a 1 N N [V 471' A&AA, NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION April 28, 2010 Mr. James C Woodham Resources Planning Corporation PO Box 1298 Cashiers, NC 28717 SUBJECT: Compliance Evaluation Inspection Cedar Hill WWTP Permit No: NCO068918 Jackson County Dear Mr. Woodham: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on April 21 2010. The facility was found to be in compliance with permit NC0068918. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, Wanda P. Frazier Enclosure Environmental Specialist cc: RPB Systems Inc. Central Files Asheville Files S:\SWP\Jackson\Wastewater\Minors\Cedar Hill (Resources Planning)68918\CEI 4-21-10.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE ne Location:2090 U.S. Highway 70,Swannanoa, NC 28778 NOoAhCarolina Phone: (828)296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 ;Vahma!!rf Internet:www.ncwaterguality.org United States Environmental Protection Agency Washington,D.C.20460 Form Approved. EPA 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 SI 31 NCO068918 111 121 10/04/21. 117 181 C) 191 S) 20I I Remarks 211111111IIIII jIIIIIII I I I I I I I I I I I I III11111IIIIIII6 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ------------Reserved--- -- 67I 1.0 (69 70131 711 I 721 NJ 73I � '74 751 I I I I I I 1 80 Section B: Facility Data �u Name and Location of Facility Inspected(For Industrial Users"discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Cedar Hill WWTP 10:30 AM 10/04/21 07/11/01 Cedar Hill Development Exit Time/Date Permit Expiration Date Cashiers NC 28717 11:10 AM 10/04/21 12/08/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Michael Dwayne Beck/ORC/828-545-7724/ Name,Address of Responsible Official/Title/Phone and Fax Number James C Woodham,PO Box 1298 Cashiers NC 28717//828-743-2118/82874331i6cted es Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Operations&Maintenance E Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ Signature of Management Q Reviewer Agency/Office/Phone and Fax Numbers Date EPA F m 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 1 3I NCO068918 '11 12� 10/04/21 1 17 18'CI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) INSPECTION: The certified, contract operator from RPB Systems, Mr. Michael Beck, assisted in the inspection. The manager of Cedar Hill Development, Mr. James Woodham, was also present during the inspection. COLLECTION SYSTEM: Currently, there are two collection system lift stations installed; one with two connections, the other one doesn't have any. The one in use is equipped with telemetry. The collection system is considered deemed permitted and complies with the 2T regulations. TREATMENT UNITS /PROCESS CONTROL TESTING: The activated sludge aeration basin process control data was as follows: Settleable Solids= <1% Note: Currently, only two homes are contributing to the wastewater flow. PERMIT/RECORDS/REPORTS: A review of the files indicates that the last compliance evaluation inspection was conducted on 7-29-09 by Wanda Frazier. The permit expires on 8-31-2012. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed, as a reminder. The log book was present on-site and had good notation of daily events. EFFLUENT: The effluent data was as follows: Dissolved Oxygen = 6.2 mg/l pH = 6.5 units Temperature= 9.6 degrees Celsius Chlorine = <18 ug/I Page# 2 Permit: NCO068918 Owner-Facility: Cedar Hill WKFP Inspection Date: 04/21/2010 Inspection Type: Compliance Evaluation OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY: Mr. Michael Beck does an excellent job of documenting daily events and operating and maintaining the facility very well. The effluent appeared to be in compliance with permit limits. SYSTEM PERFORMANCE ANNUAL REPORT: The 2009 System Performance Annual Report was received by the Division on 3-4-2010. Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment works' and collection system's performance over a 12 month period. Page# 3 Permit: NCO068918 Owner-Facility: Cedar Hill WWTP Inspection Date: 04/21/2010 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? 0 ❑ ■ 0 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 0 Is the inspector granted access to all areas for inspection? ■ n n n Comment: Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n Judge,and other that are applicable? Comment: Equalization Basins Yes No NA NE Is the basin aerated? ■ n n n Is the basin free of bypass lines or structures to the natural environment? ■ n n n Is the basin free of excessive grease? ■ n n n j Are all pumps present? ■ n n n Are all pumps operable? ■ n n Are float controls operable? ■ n n Are audible and visual alarms operable? ■ n n n #Is basin size/volume adequate? ■ n n n Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ n n n Are surface aerators and mixers operational? n ❑ ■ n Are the diffusers operational? ■ n n n Is the foam the proper color for the treatment process? ■ n ❑ n Does the foam cover less than 25%of the basin's surface? ■ n n n Is the DO level acceptable? ■ n n n Page# 4 Permit: NCO068918 Owner-Facility: Cedar Hill VVWT'P Inspection Date: 04/21/2010 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ n ■ n Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n Are weirs level? ■ ❑ ❑ Cl Is the site free of weir blockage? ■ n ❑ n Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ ❑ El 0 Is the site free of excessive floating sludge? ■ n n Is the drive unit operational? ❑ n ■ Is the return rate acceptable(low turbulence)? ■ n n Is the overflow clear of excessive solids/pin floc? ■ ❑ n n Is the sludge blanket level acceptable?(Approximately'/<of the sidewall depth) ■ n n Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n Are the tablets the proper size and type? ■ n n n Number of tubes in use? 2 Is the level of chlorine residual acceptable? ■ n Is the contact chamber free of growth, or sludge buildup? ■ ❑ n n Is there chlorine residual prior to de-chlorination? ■ n n n Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ n ■ Is storage appropriate for cylinders? n Cl ■ n #Is de-chlorination substance stored away from chlorine containers? 00 ■ Comment: Are the tablets the proper size and type? ■ ❑ Q n Page# 5 Permit: NCO068918 Owner-Facility: Cedar Hill WVVrP Inspection Date: 04/21/2010 Inspection Type: Compliance Evaluation De-chlorination Yes No NA NE Are tablet de-chlorinators operational? ■ n n n Number of tubes in use? 2 Comment: Standby Power Yes No NA NE Is automatically activated standby power available? ■ n n n Is the generator tested by interrupting primary power source? ■ n n n Is the generator tested under load? ■ n n n Was generator tested&operational during the inspection? n ■ n n Do the generator(s)have adequate capacity to operate the entire wastewater site? n ■ n n Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ n n n Is the generator fuel level monitored? ■ n n n Comment: The propane generator self tests every Thursday. In addition, the ORC tests the generator. The generator runs the wastewater treatment equipment only, not the water system. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n n n Are the receiving water free of foam other than trace amounts and other debris? 001113 If effluent (diffuser pipes are required) are they operating properly? n n ■ n Comment: Page# 6 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION April 28, 2010 Mr. Bud Smith Wade Hampton Property Owners Association PO Box 2286 Cashiers, NC 28717 SUBJECT: Compliance Evaluation Inspection Wade Hampton Golf Club WWTP Permit No: NCO062553 Jackson County Dear Mr. Smith: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on April 21, 2010. The facility was found to be in compliance with permit NC0062553. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: RPB Systems Inc. Central Files Asheville Files S:\SWP\Jackson\Wastewater\Minors\Wade Hampton Golf Club 62553\CE1.4-21-10.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S. Highway 70,Swannanoa, NC 28778 NOrthCarolina Phone: (828)296-4500\FAX:828 299-70431 Customer Service: 1-877-623-6748 Naturally Internet:www.ncwaterguality.org (Sv, United States Environmental Protection Agency Form Approved. Washington,D.C.20460 EPA 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 31 NCO062553 111 121 10/04/21 117 18I CI 191 SI 201, I Remarks 21111111111111 1111 11111111 11111111 11111111 11111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---- ---Reserved--------- 67I l.o 169 701 31 711 I 721 NJ 73 LU 74 751 1 1 1 1 11-180 Section B: Facility Data �u 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) Wade Hampton Golf Club WWTP 11:20 AM 10/04/21 07/10/01 NC Hwy 107 Exit Time/Date Permit Expiration Date Cashiers NC 28717 12:15 PM 10/04/21 12/08/31 Name(s)of Onsite Representative(s)/Tities(s)/Phone and Fax Number(s) Other Facility Data Michael Dwayne Beck/ORC/828-545-7724/ Name,Address of Responsible Official(Title/Phone and Fax Number Bud Smi.th,PO Box 2286 Cashiers NC 28717//828-743-9895/ ContactedYes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit ■Operations&Maintenance N Records/Reports Facility Site Review EfFluentfReceiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date z EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 1� 3I NCO062553 I11 121 10/04/21 1 17 181C1 Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: WWTP: The Wade Hampton Golf Club—Wade Hampton Property Owners Association is a Class II facility rated as a 0.125 MGD facility with: a manual bar screen; 100,000 gallon aeration basin with dual blowers, each providing 225 cfm of diffused air; a 20,500 gallon clarifier with sludge return; 14,900 gallon aerobic digestor; tablet chlorinator; chlorine contact chamber; tablet dechlorinator; dechlorination chamber; recording & totalizer flow meter; and composite sampler. Deemed permitted Collection System number: WQCSD0454 There are approximately 125 homes (some with grinder pumps) and a golf club house (without a restaurant) connected to the system. There are 7 small and 2 main lift stations. The map was prepared by Cranston, Robertson &Whitehurst, P.C. on 7-11-86. PERMIT/INSPECTION/LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 7-29-2009 by Wanda Frazier. The permit expires on 8-31-2012. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The daily operator log was present on-site and had good notation of daily events, process control and field testing data. COLLECTION SYSTEM /TREATMENT UNITS/PROCESS CONTROL TESTING DATA: Collection System: Incoming flow from some of the the lift stations has a strong septic odor and low pH. The operator has to add soda ash to adjust the pH. This condition has contributed to the corrosion of the influent flow headworks structures. Influent flow headworks: The comminutor has been removed. The plate that separated the comminutor and the bar screen has corroded and nearly rusted through. It is recommended that the removal of this plate and insertion of a bar screen rack across the entire cross sectional area of the influent chamber box are done, when the box is refurbished. The activated sludge aeration basin process control data was as follows: Settleable Solids= 350 ml/I = 35% Page# 2 Permit: NCO062553 Owner-Facility: Wade Hampton Golf Club W VFP Inspection Date: 04/21/2010 Inspection Type: Compliance Evaluation EFFLUENT: The effluent data was as follows: Dissolved Oxygen = 6.5 mg/I PH = 6.6 units Temperature = 9.7 degrees Celsius Chlorine = <18 ug/I OPERATIONS AND MAINTENANCE/ EFFLUENT/SUMMARY: Mr. Michael Beck, ORC, assisted in the inspection and appears to be operating and maintaining the facility very well. The effluent appeared to be in compliance with permit limits. SYSTEM PERFORMANCE ANNUAL REPORT: The 2009 System Performance Annual Report was received by the Division on 3-4-2010. Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment works' and collection system's performance over a 12 month period. Page# 3 Permit: NCO062553 Owner-Facility: Wade Hampton Golf Club WWfP Inspection Date: 04/21/2010 Inspection Type: Compliance Evaluation , Permit Yes No NA NE �- (if the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n Is the facility as described in the permit? ■ 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 n Cl Comment: Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge IN n 00 Judge, and other that are applicable? Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical n Are the bars adequately screening debris? ■ n n n Is the screen free of excessive debris? ■ n n n Is disposal of screening in compliance? ■ n ❑ n Is the unit in good condition? ■ n 00 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 013 Are surface aerators and mixers operational? nn ■ n Are the diffusers operational? ■ n n 11 Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25%of the basin's surface? ■ n n n Is the DO level acceptable? ■ n n n Is the DO level acceptable?(1.0 to 3.0 mg/1) n n ■ n -% Page# 4 Permit: NC0062553 Owner-Facility: Wade Hampton Golf Club WWTP Inspection Date: 04/21/2010 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE 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 ■ n Are weirs level? ■ n n n Is the site free of weir blockage? ■ ❑ n n Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ n 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 Is the overflow clear of excessive solids/pin floc? ■ 0 0 n Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ■ n n n Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n n Are the tablets the proper size and type? ■ Cl n n Number of tubes in use? 2 Is the level of chlorine residual acceptable? ■ n n n Is the contact chamber free of growth, or sludge buildup? ■ ❑ ❑ n Is there chlorine residual prior to de-chlorination? ■ n ❑ ❑ Comment: De-chlorination Yes No NA NE Type of system? Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ n Is storage appropriate for cylinders? n n ■ #Is de-chlorination substance stored away from chlorine containers? n n ■ n Comment: Are the tablets the proper size and type? ■ n n Are tablet de-chlorinators operational? ■ Page# 5 Permit: NC0062553 Owner-Facility: Wade Hampton Golf Club WWTP Inspection Date: 04/21/2010 Inspection Type: Compliance Evaluation De-chlorination Yes No NA NE Number of tubes in use? 2 Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? M ❑ 13 Are the receiving water free of foam other than trace amounts and other debris? n D n If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ n Comment: Page# 6 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality - Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 28,2010 Mr. Donnie Bassinger Caldwell County Schools 1914 Hickory Boulevard SW Lenoir,North Carolina 28645 Subject: NOTICE OF VIOLATION NOV-2010-MV-0041 Permit No.NCO041157 Gateway Alternate School WWTP Caldwell County Dear Mr. Bassinger: A review of Gateway Alternate School's monitoring report for December 2009 showed the following violations: Parameter Date Measuring Violation Frequency Chlorine, Total Residual 12/26/09 2 X week Failure to Monitor DO 12/26/09 Weekly Failure to Monitor Flow 12/26/09 Weekly Failure to Monitor Temperature 12/26/09 Weekly Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked"Compliant"when in fact it should have been marked"Non-Compliant"with an explanation for the non-compliance. If the above parameters were left off inadvertently, please send an amended DMR to Raleigh at the address found on the front page of your DMR. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions,please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files Water Tech Labs/ORC ''S\Vl".t,',aldnGll Waf5taa.ti,t':Riita4t,-t:aaf("riii} Alle r.ztc.Nciaool 11 No�rthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterauality.oro FAX (828)299-7043 1-871-623-6748 A74L) NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION April 28, 2010 Mr. Freddie Boan, General Manager Trillium Links & Village LLC PO Box 2644 Cashiers, NC 28717 SUBJECT: Compliance Evaluation Inspection Trillium Links &Village LLC WWTP Permit No: NCO059200 Jackson County Dear Mr. Boan: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on April 21, 2010. The facility was found to be in compliance with permit NC0059200. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: RPB Systems Inc. Central Files Asheville Files S:\SWP\Jackson\Wastewater\Minors\Trillium Links&Village 59200\CE1.4-21-10.doc - SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 NOrthCarOlina Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 Naturally Internet:www.ncwater uality.orci -5jq,, United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO059200 ill 121 10/04/21 117 181 CI 19I SI 20I I Remarks 2111IIIIII111I IIIIIIII11II IIII IIIIIIII II1111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -----------------Reserved-------------- 67I 1.0 169 70I 3 I 71 I I 721 NJ 73' ' 174 751 I I I I I I 1 80 Section B: Facility Data u_I Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Trillium Links & Village LLC 01:15 PM 10/04/21 07/11/01 NCSR 1145 Exit Time/Date Permit Expiration Date Cashiers NC 28717 02.00 PM 10/04/21 12/10/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Michael Dwayne Beck/ORC/828-545-7724/ Name,Address of Responsible Official/Title/Phone and Fax Number Dewayne Calven Ward,PO Box 2644 Cashiers NC Contacted 28717//828-743-5886/8287430687 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance N Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Dat 1/0-r zaia EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 1 3I NCO059200 �11 121 10/04/21 ' 17 18UI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: WWTP: The Trillium Links and Village, LLC WWTP is a Class II facility rated as a 0.040 MGD extended aeration WWTP with: manual bar screen; 20,000 gallon flow equalization with flow splitter box; dual train aeration basins & clarifiers with sludge returns; 7,400 gallon aerobic digestor; dual media (sand & anthracite)tertiary filter system; tablet chlorinator; chlorine contact chamber; tablet dechlorinator; Ultrasonic flow measurement; post aeration; and two propane powered standby generators (one for the WWTP & one for the Water System.) Deemed permitted Collection System number: WQCSD0453 There are approximately 100 to 125 homes connected to the collection system. There are five lift stations (without telemetry). Daily visits (7 days per week) are made by Rick Parsons. PERMIT/ INSPECTION /LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 7-29-09 by Wanda Frazier. The permit expires on 10-31-2012. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The daily operator log was present on-site and had good notation of daily events, process control and field testing data. TREATMENT UNITS / PROCESS CONTROL TESTING DATA: The activated sludge aeration basin process control data was as follows: Settleable Solids= 380 ml/I = 38% The tertiary filter media (sand and anthracite) was replaced in the Spring of 2009. EFFLUENT: The effluent data was as follows: Dissolved Oxygen = 8.3 mg/I pH = 6.9 units Temperature= 9.2 degrees Celsius Chlorine = <18 ug/I Page# 2 Permit: NCO059200 Owner-Facility: Trillium Links&Village LLC Inspection Date: 04/21/2010 Inspection Type: Compliance Evaluation OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY: Mr. Michael Beck, ORC, assisted in the inspection and appears to be operating and maintaining the facility very well. The effluent appeared to be in compliance with permit limits. SYSTEM PERFORMANCE ANNUAL REPORT: The 2009 System Performance Annual Report was received by the Division on 3-3-10. Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment works' and collection system's performance over a 12 month period. Page# 3 A Permit: NCO059200 Owner-Facility: Trillium Links&Village LLC Inspection Date: 04/21/2010 Inspection Type: Compliance Evaluation i 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? ■ 0 ❑ n #Are there any special conditions for the permit? ❑ ■ ❑ Q Is access to the plant site restricted to the general public? ■ ❑ ❑ Q Is the inspector granted access to all areas for inspection? ■ Q n Comment: Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n 0 Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ 0 Judge, and other that are applicable? Comment: Equalization Basins Yes No NA NE Is the basin aerated? ■ n 0 n Is the basin free of bypass lines or structures to the natural environment? ■ n ❑ n Is the basin free of excessive grease? ■ ❑ n 0 Are all pumps present? ■ n n n Are all pumps operable? ■ ❑ n Are float controls operable? ■ 0 Are audible and visual alarms operable? ■ n n n #Is basin size/volume adequate? ■ n Q n Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical n Are the bars adequately screening debris? ■ n n n Is the screen free of excessive debris? ■ ❑ n 0 Is disposal of screening in compliance? ■ 0 n n Is the unit in good condition? ■ ❑ 0 n Comment: Page# 4 Permit: NCO059200 Owner-Facility: Trillium Links&Village LLC Inspection Date: 04/21/2010 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ n n n Are surface aerators and mixers operational? n n ■ n Are the diffusers operational? ■ n n n Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25%of the basin's surface? ■ n n n Is the DO level acceptable? ■ ❑ n n Is the DO level acceptable?(1.0 to 3.0 mg/1) n n ■ Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n Are weirs level? ■ nnn Is the site free of weir blockage? ■ Cl n n Is the site free of evidence of short-circuiting? ■ Cl 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? ■ n n n Is the sludge blanket level acceptable?(Approximately'/<of the sidewall depth) ■ n n n Comment: Filtration (High Rate Tertiary) Yes No NA NE Type of operation: Is the filter media present? ■ n n n Is the filter surface free of clogging? ■ n n n Is the filter free of growth? ■ n ❑ n .�' Is the air scour operational? ■ n n n Page# 5 Permit: NC0059200 Owner-Facility: Trillium Links&Village LLC Inspection Date: 04/21/2010 Inspection Type: Compliance Evaluation Filtration (High Rate Tertiary) Yes No NA NE Is the scouring acceptable? ■ n n n Is the clear well free of excessive solids and filter media? ■ n n n Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ Cl n n Are the tablets the proper size and type? ■ n n n Number of tubes in use? 2 Is the level of chlorine residual acceptable? ■ n n n Is the contact chamber free of growth,or sludge buildup? ■ n n ❑ Is there chlorine residual prior to de-chlorination? ■ n n n Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ n Is storage appropriate for cylinders? n n ■ n #Is de-chlorination substance stored away from chlorine containers? n n ■ n Comment: Are the tablets the proper size and type? ■ n n n Are tablet de-chlorinators operational? ■ n n n Number of tubes in use? 3 Comment: Standby Power Yes No NA NE Is automatically activated standby power available? ■ n n n Is the generator tested by interrupting primary power source? ■ n n n Is the generator tested under load? ■ n n n Was generator tested&operational during the inspection? n ■ n n Do the generator(s)have adequate capacity to operate the entire wastewater site? ■ n n n Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ ❑ n n Is the generator fuel level monitored? ■ n n n Comment: The two propane generators self-tests on Wednesdays and Thursdays. Page# 6 Permit: NC0059200 Owner-Facility: Trillium Links&Village LLC Inspection Date: 04/21/2010 Inspection Type: Compliance Evaluation 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 amounts and other debris? ■ Q ❑ 0 If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ El Comment: Page# 7 ffij�L NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary April 28, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Wittner Wright Havon Inc. P.O. Box 1180 Candler, North Carolina 28715 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 NCO075388 Havon Inc. Pleasant Cove Rest Home WWTP Case No. LV-2010-0120 Buncombe County Dear Mr. Wright: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$617.00 ($550.00 civil penalty +$67.00 enforcement costs) against Havon Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Havon Inc. for the month of December 2009. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0075388. The violations which occurred in December 2009 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Havon Inc. violated the terms, conditions or requirements of NPDES Permit NCO075388 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 Havon Inc.: One NorthCarolina SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE NaturallY 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 I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $100.00 NC0075388, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for BOD -Conc. 1 of the 1 violations of G.S. 143-215.l(a)(6) and NPDES Permit No. $100.00 NC0075388, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for FEC COLI. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $100.00 NC0075388, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for TSS - Conc. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0075388, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for TSS -Conc. $550.00 TOTAL CIVIL PENALTY $67.00 Enforcement Costs $617.00 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 must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please _ be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely,/ �►'".-� -' RogerlC. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Asheville Files w/attachments DWQ Central Files w/attachments Bob Guerra/DWQ Enforcement Files w/ attachments James & James Environmental/ORC w/attachments ti.',5141'•I:3tana�mh�;1`ast<<e<�i.�!,'�tinnt:•l{a+on-F'leasant( ti-(:arlEr!?ur` 5+4 `J_V-�(t!ft-tll't1.doc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2010-0120 County: Buncombe Assessed Party: Havon Inc./Pleasant Cove Rest Home Permit No.: NC0075388 Amount Assessed: $617.00 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: NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary April 28, 2010 Gerald R Laschober Cooper Creek Investments LLC PO Box 5173 Titusville FL 32783 SUBJECT: Compliance Evaluation Inspection Cooper Creek Trout Farm Permit No: NCG530095 Swain County Dear Mr. Laschober: Enclosed please find a copy of the Compliance Evaluation Inspection Report from the inspection which I conducted at your trout farm on April 22, 2010. The facility was found to be in Compliance with permit NCG530095. Please refer to the enclosed inspection report for additional observations and comments. The assistance provided by you and John Hunnicutt during the inspection was greatly appreciated. If you should have any questions regarding the report, please do not hesitate to contact me at 828-296-4500. Sincerely, rKeithayne Environmental Sr. Specialist Enclosure cc: Central Files Asheville Files S:\SWP\Swain\VVastewater\General\NCG53 Trout Farms\NCG530095CE1042210.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE OnehCaroli na Location:2090 U.S.Highway 70,Swannanoa,NC 28778 Nort Phone: (828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 Internet:www.ncwaterguality.org ;Vaturatty United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 EPA 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 NI 2 I5I 3I NCG530095 I11 121 10/04/22 117 181C1 1915' 201 I Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ------------------------Reserved------------------- 671 169 70U 71 U 721 NI 73I f 174 711 I I I I I I 180 Section B: Facility Data u_I Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Cooper Creek Trout Farm 10:00 AM 10/04/22 07/08/01 3365 Cooper Creek Rd Exit Time/Date Permit Expiration Date Bryson City NC 28713 12:30 PM 10/04/22 12/07/31 Name(s)of Onsite Representative(s)JTities(s)/Phone and Fax Number(s) Other Facility Data John J Hunnicutt//828-507-0620 / Name,Address of Responsible Official/Title/Phone and Fax Number Gerald R Laschober,PO Box 5173 Titusville FL 32783//828-507-0620/ Contacted Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 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 I ARO WQ//828-296-4500/ ��/.p T leg I/7_ T Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ARO WQ//828-296-4500/ e2/4— EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3I NCG530095 I11 12I 10/04/22 I17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) This trout farm appeared to be very well operated and extremely well maintained. Current production is approximately 100,000 Ibs of fish per year and about 400 Ibs of feed per day. Waste is managed through the use of three settling ponds in series. The ponds are scheduled to be cleaned in the very near future. Page# 2 Permit: NCG530095 Owner-Facility: Cooper Creek Trout Farm Inspection Date: 04/22/2010 Inspection Type: Compliance Evaluation Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the permittee submitted a new application? I_l ❑ ■ 0 Is the facility as described in the permit? ■ ❑ ❑ 0 #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: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ ❑ Comment: Page# 3 /- ��,_�� \ J / __ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 28, 2010 Mr. Donnie Bassinger Caldwell County Schools 1914 Hickory Boulevard SW Lenoir,North Carolina 28645 Subject: NOTICE OF VIOLATION NOV-2010-LV-0139 Permit No.NCO030783 Baton Elementary School WWTP Caldwell County Dear Mr. Bassinger: A review of Baton Elementary School's monitoring report for January 2010 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 01/19/10 400#/100ml 520#/100ml Daily Maximum Broth,44.5C Exceeded Remedial actions,if not already implemented,should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted:however,should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Janet Cantwell. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions,please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files -� DWQ Central Files Water Tech Labs/ORC �,:,.S%\I ,(Id%vd P,"'astew ales"AMint)is\Baton Hementary.30783',.NOV-2010-1 V-0139.doe NorthCazolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterauality.org FAX (828)299-7043 1-877-623-6748 \` j_.,. �.../ L NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary April 28, 2010 Ms. Annette Tarnawasky, Registered Agent Sequoyah National Golf Club, LLC P.O. Box 455 Cherokee,NC 28719 SUBJECT: Sediment Removal Plan Approval Sequoyah National Golf Course [Ref. NOV-2010-PC-02081 Jackson County Dear Ms. Tarnawasky: The Division of Water Quality has received correspondence from Wetland&Ecological Consultants, Inc., dated March 16 and April 8, 2010, in response to the Notice of Violation submitted by the Division of Water Quality March 1, 2010. The March 16, 2010 correspondence was in relation to the Notice of Violation, while the April 8, 2010 correspondence was in relation to the sediment removal at the site. It is the Division's understanding that Sequoyah National Golf Club, LLC is still under an active Sediment& Erosion Control plan with Jackson County and the site has not been closed out by the County. As such, the site must conform with the monitoring and requirements set forth by the Division's construction stormwater general permit (NCGO10000). If there is a misunderstanding between the County and Sequoyah National Golf Club, LLC, this should be clarified as soon as possible. The letter and report regarding sediment removal dated April 8, 2010 was well written and the areas of impact were well documented. The remedial actions presented in the response have been found satisfactory and are approved. The Division appreciates the efforts involved in obtaining core samples and documenting the impacts to the existing pond. The Division also understands that removal of sediment from the pond may be delayed to due weather conditions. The Division does recommend that any adjacent and affected property owners be informed of the remedial action and access property be requested prior to work. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-296-450D1 FAX:828-299-70431 Customer Service:1-877-623-674$ Na//� Internet: www.ncwaterquality.org �atu` l An Equal Opportunity 1 Affirmative Action Employer Ms.Tamawsky April 28,2010 Page 2 of 2 Activities involved in this approved plan, as well as submittal of the final report upon removal of sediment, are to be completed within thirty (30) days of this approval letter(with the possible exclusion of sediment removal from the existing pond). Sincerely, v S san A. Wilson, Environmental Engineer Surface Water Protection cc: ARO File Copy Jackson County Planning/Robert Shelton Wetland& Ecological Consultants, Inc./Jason Morrell 3225 South Cherokee Lane, Bldg. 800, Woodstock, GA 30188 S:\sWPUackson\Stormwater\NCGOI Constmction\Sequoyah Natl Golf Course\Sequoyah SedimentRemovatAPPROVE 4 2010.doe 4 NCDENR North Carolina Department of Environment and Natural Resources - Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION April 28, 2010 Mr. Shannon R. Ginn, Managing Partner Cummings Cove Company, LLC 20 Cummings Cove Parkway Hendersonville, NC 28739 SUBJECT: Compliance Sampling Inspection Cummings Cove WWTP Permit No: NCO057541 Henderson County Dear Mr. Ginn: Enclosed please find a copy of the Compliance Sampling Inspection conducted on April 15, 2010. The facility was found to be in compliance with permit NC0057541. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: James & James Central Files Asheville Files S:\SWP\Henderson\Wastewater\Minors\Cummings Cove 57541\CE1.4-15-10.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S. Highway 70,Swannanoa, NC 28778 NoraiCaro/lina Phone:(828)296-45001 FAX: 828 299-70431 Customer Service: 1-877-623-6748 �atutQ[!tJ Internet:www.ncwatergualitv.org �' United States Environmental Protection Agency Form Approved. Washington,D.C.20460 EPA 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 31 NCO057541 111 121 10/04/15 117 18I SI 19I SI 20I I Remarks 211III IIIIIIII I I I I I I I I I I I I I I I I IIII I I I I I I I I IIIIIII6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------------Reserved--------------- 671 1.0 169 70) 3 I 71 I I 72 I N I 73I I 174 75I I I I I I I 180 Section B: Facility Data t_u 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) Cummings Cove WWTP 12:00 PM 10/04/15 06/03/01 3000 Cummings Rd Exit Time/Date Permit Expiration Date Hendersonville NC 28739 12.30 PM 10/04/15 10/11/30 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Jack Mathis,20 Cummings Cove Pkwy Hendersonville NC Contacted 28739//828-891-1512/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance ■Records/Reports ■Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ 14a, 2. C4 /Z�� ':� % '?0 /'�) 4X 4�- A Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date f 1 41 Z 0/0 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 3I NCO057541 I11 12I 10/04/15 117 18IS1 Section R Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The Cummings Cove Co., LLC WWTP is a Class II facility rated as 0.080 MGD extended aeration WWTP with: a 150 gpm influent lift station with duplex pumps; a 26,950 gallon equalization basin; aeration basins with blowers providing diffused air; clarifier with return sludge; tablet chlorinator; chlorine contact tank; tablet dechlorinator; an 80,400 gallon sludge holding tank; and an Ultrasonic Isco 3010 flow meter. PERMIT/ INSPECTION / LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 5-14-2008 by Jim Reid. The permit expires on 11-30-2010. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The daily operator log was present on-site and had good notation of daily events, process control and field testing data. TREATMENT UNITS/PROCESS CONTROL TESTING DATA: The activated sludge aeration basin process control data was as follows: Temperature = 15.1 degrees Celsius pH = 7.6 units Dissolved Oxygen = 0.75 mg/I --- Recommend increasing the DO level. Tip: The ideal level for dissolved oxygen in the aeration basin is generally 1 to 3 mg/I. Seasonal changes in temperature require the adjustment of the aeration timer to achieve ideal dissolved oxygen levels. Settleable Solids = 450 ml/I =45% EFFLUENT: The effluent data was as follows: Dissolved Oxygen = 4.3 mg/I pH = 7.6 units Temperature = 15.2 degrees Celsius Chlorine = <15 ug/I Page# 2 Permit: NCO057541 Owner-Facility: Cummings Cove VWVTP Inspection Date: 04/15/2010 Inspection Type: Compliance Sampling FLOW MEASUREMENT: The effluent, Ultrasonic Isco 3010, flow meter was last calibrated on 6-25-09 by ISI. OPERATIONS AND MAINTENANCE/ EFFLUENT/SUMMARY: Ms. Juanita James, ORC contractor, assisted in the inspection. Effluent samples were collected on the day of the inspection. The following lab results indicated that the facility was in compliance with the permit limits. Lab Results: BOD = 35 mg/I TSS = 21 mg/I Fecal coliform = 130 col/100 ml It appears that this facility is being properly operated and maintained. The effluent appeared to be in compliance with permit limits. SYSTEM PERFORMANCE ANNUAL REPORT: The 2009 System Performance Annual Report was received by the Division on 3-5-10. Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment works' and collection system's performance over a 12 month period. Page# 3 Permit: NCO057541 Owner-Facility: Cummings Cove VWVfP Inspection Date: 04/15/2010 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 ■ o Is the facility as described in the permit? ■ o n n #Are there any special conditions for the permit? n ■ n n Is access to the plant site restricted to the general public? ■ o n n Is the inspector granted access to all areas for inspection? ■ ❑ n Comment: Operations$Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n Judge,and other that are applicable? Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical n Are the bars adequately screening debris? ■ n n n Is the screen free of excessive debris? ■ n n n Is disposal of screening in compliance? ■ n n n Is the unit in good condition? ■ n n L Comment: Equalization Basins Yes No NA NE Is the basin aerated? ■ n n n Is the basin free of bypass lines or structures to the natural environment? ■ n n n Is the basin free of excessive grease? ■ n n n Are all pumps present? ■ ❑ 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: Page# 4 Permit: NCO057541 Owner-Facility: Cummings Cove WIMP Inspection Date: 04/15/2010 Inspection Type: Compliance Sampling Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ fl n Cl Are surface aerators and mixers operational? ❑ ❑ ■ Are the diffusers operational? ■ ❑ ❑ 0 Is the foam the proper color for the treatment process? ■ ❑ n 11 Does the foam cover less than 25%of the basin's surface? ■ 1=1 n 0 Is the DO level acceptable? ❑ ■ o o Is the DO level acceptable?(1.0 to 3.0 mg/1) n ■ n n Comment: DO was 0.75 mg/1 Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ 1=1 Cl 0 Is the site free of excessive buildup of solids in center well of circular clarifier? fl D ■ 0 Are weirs level? ■ n n n Is the site free of weir blockage? ■ Q n Cl Is the site free of evidence of short-circuiting? ■ ❑ ❑ n Is scum removal adequate? ■ ❑ 0 0 Is the site free of excessive floating sludge? ■ ❑ 11 0 Is the drive unit operational? n n ■ fl Is the return rate acceptable(low turbulence)? ■ 0 0 (=l Is the overflow clear of excessive solids/pin floc? ■ 11 D1 fl Is the sludge blanket level acceptable?(Approximately'/<of the sidewall depth) ■ ❑ 0 0 Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ rl Cl Are the tablets the proper size and type? ■ C3 Number of tubes in use? 8 Is the level of chlorine residual acceptable? ■ ❑ ❑ 11 Is the contact chamber free of growth, or sludge buildup? ■ 0 n 0 Page# 5 Permit: NC0057541 Owner-Facility: Cummings Cove VWVfP Inspection Date: 04/15/2010 Inspection Type: Compliance Sampling Disinfection-Tablet Yes No NA NE Is there chlorine residual prior to de-chlorination? n ❑ n Comment: De-chlorination Yes No NA NE Type of system? Is the feed ratio proportional to chlorine amount(1 to 1)? n n 0 n Is storage appropriate for cylinders? n n M n #Is de-chlorination substance stored away from chlorine containers? n n 0 n Comment: Are the tablets the proper size and type? ■ n n Are tablet de-chlorinators operational? s n n n Number of tubes in use? 1 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 M n Comment: Page# 6 AT4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 28,2010 Mr. Donnie Bassinger Caldwell County Schools 1914 Hickory Boulevard SW Lenoir,North Carolina 28645 Subject: NOTICE OF VIOLATION NVO-2010-MV-0040 Permit No.NCO041181 Happy Valley Elementary School WWTP Caldwell County Dear Mr. Bassinger: A review of Happy Valley Elementary School's monitoring report for December 2009 showed the following violations: Parameter Date Measuring Violation Frequency Flow Week ending 12/26/09 Weekly Failure to Monitor Temperature Week ending 12/26/09 Weekly Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked"Compliant"when in fact it should have been marked"Non-Compliant"with an explanation for the non-compliance. If the above parameters were left off inadvertently, please send an amended DMR to Raleigh at the address found on the front page of your DMR. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State.law. If you should have any questions,please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files Water Tech Labs/ORC ti:_ lx. .t'.11u4.11\4-ss[c«at r;illiii r '.l atl+ t allc.r U1co<•nIon School 41 Is:Ni,)d-:?010-NIIV-00'[0},t(>c One NorthCarolina NaWN11Y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwateraualitv.org FAX (828)299-7043 1-877-623-6748 j__ ,� _.. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION April 29, 2010 Mr. Lee J. Weber Champion Hills Property Owners Association 1 Hagen Drive Hendersonville, NC 28739 SUBJECT: Compliance Sampling Inspection Champion Hills WWTP Permit No: NCO087106 Henderson County Dear Mr. Weber: Enclosed please find a copy of the Compliance Sampling Inspection conducted on April 15, 2010. The facility was found to be in Compliance with permit NC0087106. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, O Wanda P. Frazier Environmental Specialist Enclosure cc: James and James Central Files Asheville Files S:\SWP\Henderson\Wastewater\Minors\Champion Hills 87106\CEI.4-15-10.doc i SURFACE WATER PROTECTION-ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 NorthCarolina Phone: (828)296-4500 t FAX: 828 299-7043\Customer Service: 1-877-623-6748 �atut+a�Ij� Internet:www.ncwaterguality.org �V" j_ \` /, ��.. � �/ United States Environmental Protection Agency Form Approved. EPA /� Washington,D.C.20460 OMB No.2040-0057 C f�/`1 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 2 151 31 NC0087106 111 121 10/04/15 ( 17 18I SI 19I SI 20�( Remarks 211111IIIIIIIIIIII IIIIIIII IIII IIII IIIIIIII IIIII116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------------Reserved----------- 671 1.0 169 70131 71 I I 72I N I 731 I 174 751 I I I I I I 180 Section B: Facility Data L1J Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Champion Hills WWTP 12:40 PM 10/04/15 06/03/01 Champion Hills WWTP Exit Time/Date Permit Expiration Date Hendersonville NC 28739 01.20 PM 10/04/15 10/11/30 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Danielle Ann Hunter/ORC/828-697-0063/ Name,Address of Responsible Officiallritle/Phone and Fax Number Lee S Weber,l Hagen Dr Hendersonville NC 28739//828-696-0418/ ContactedNo y Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit N Operations&Maintenance 0 Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date R EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont. 3I NCO087106 I11 12I 10/04/15 I17 18ISI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) PERMIT/ INSPECTION/LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 5-14-08 by Jim Reid. The permit expires on 11-30-2010. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The daily operator log was present on-site and had good notation of daily events, process control and field testing data. TREATMENT UNITS/ PROCESS CONTROL TESTING DATA: The activated sludge aeration basin process control data was as follows: Temperature = 14.9 degrees Celsius pH = 7.1 units Dissolved Oxygen = 1.12 mg/I Settleable Solids = 300 ml/I = 30% EFFLUENT: The effluent data was as follows: Dissolved Oxygen = 3.4 mg/I pH = 7.2 units Temperature = 15.8 degrees Celsius Chlorine = <15 ug/I FLOW MEASUREMENT: The Isco Ultrasonic 3010 flow transmitter was last calibrated on 6-25-09. OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY: Ms. Juanita James, ORC contractor, assisted in the inspection. Effluent samples were collected on the day of the inspection. The following lab results indicated that the facility was in compliance with the permit limits. Page# 2 Permit: NCO087106 Owner-Facility: Champion Hills WWTP Inspection Date: 04/15/2010 Inspection Type: Compliance Sampling Lab Results: BOD = 5.9 mg/I TSS = 7.8 mg/I Fecal coliform = 1 col/100 ml It appears that this facility is being properly operated and maintained. The effluent was clear and appeared to be in compliance with permit limits. SYSTEM PERFORMANCE ANNUAL REPORT: The 2009 System Performance Annual Report was received by the Division on 3-1-10. Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment works' and collection system's performance over a 12 month period. Page# 3 Permit: NCO087106 Owner-Facility: Champion Hills WWTP Inspection Date: 04/15/2010 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 Cl ■ n Is the facility as described in the permit? ■ n n n #Are there any special conditions for the permit? ■ Cl ❑ Cl Is access to the plant site restricted to the general public? ■ n n 171 Is the inspector granted access to all areas for inspection? ■ n n n Comment: The facility has a conjunctive permit for an NPDES discharge and a Spray Irrigation non-Discharge. Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n Judge,and other that are applicable? Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical fl � Are the bars adequately screening debris? ■ n n 171 Is the screen free of excessive debris? ■ n n n Is disposal of screening in compliance? ■ n n n Is the unit in good condition? ■ n n n Comment: Equalization Basins Yes No NA NE Is the basin aerated? ■ n n n Is the basin free of bypass lines or structures to the natural environment? ■ n n n 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: Page# 4 Permit: NCO087106 Owner-Facility: Champion Hills VWVfP Inspection Date: 04/15/2010 Inspection Type: Compliance Sampling Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ n fl Cl Are surface aerators and mixers operational? Q ❑ ■ Are the diffusers operational? ■ ❑ fl Is the foam the proper color for the treatment process? ■ ❑ fl Does the foam cover less than 25%of the basin's surface? ■ ❑ ❑ rl Is the DO level acceptable? ■ ❑ fl n Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ n n n Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ El ■ Q Are weirs level? ■ n ❑ fl Is the site free of weir blockage? ■ I_l ❑ I] Is the site free of evidence of short-circuiting? ■ fl fl Q Is scum removal adequate? ■ fl n ❑ Is the site free of excessive floating sludge? ■ C! D Is the drive unit operational? ❑ ❑ ■ Is the return rate acceptable(low turbulence)? ■ ❑ n n Is the overflow clear of excessive solids/pin floc? ■ ❑ n fl Is the sludge blanket level acceptable?(Approximately'/<of the sidewall depth) ■ Q Comment: Filtration (High Rate Tertiary) Yes No NA NE Type of operation: Is the filter media present? ■ 0 110 Is the filter surface free of clogging? ■ n fl n Is the filter free of growth? ■ ❑ 0 ❑ Is the air scour operational? ■ 1=l 11 fl Page# 5 Permit: NC0087106 Owner-Facility: Champion Hills VWUTP Inspection Date: 04/15/2010 Inspection Type: Compliance Sampling i Filtration (High Rate Tertiary) Yes No NA NE - Is the scouring acceptable? ■ n n n Is the clear well free of excessive solids and filter media? ■ n n n Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n n Are the tablets the proper size and type? ■ n n n Number of tubes in use? 3 Is the level of chlorine residual acceptable? ■ ❑ n n Is the contact chamber free of growth, or sludge buildup? ■ n n n Is there chlorine residual prior to de-chlorination? ■ n n n Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ n Is storage appropriate for cylinders? #Is de-chlorination substance stored away from chlorine containers? n In ■ n Comment: Are the tablets the proper size and type? ■ n Are tablet de-chlorinators operational? ■ n n n Number of tubes in use? 2 Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n n n Are the receiving water free of foam other than trace amounts and other debris? ■ n n If effluent (diffuser pipes are required) are they operating properly? n n ■ n Comment: Page# 6 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 29, 2010 Mr. Lon Hensley Laurelwood Mobile Home Park 15 Country Place Park Candler,North Carolina 28715 Subject: NOTICE OF VIOLATION NOV-2010-MV-0044 Permit No.NCO069957 Laurelwood Mobile Home Park WWTP Buncombe County Dear Mr. Hensley: A review of Laurelwood Mobile Home Park's monitoring report for December 2009 showed the following violation: Parameter Date Measuring Violation Frequency Ammonia Nitrogen 12/31/09 Monthly Failure to Monitor Remedial actions,if not already implemented,should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted:however,should you have additional information concerning the violations or comments which you wish to present,please submit them to the attention of Janet Cantwell. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions,please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files Goldie&Associates/ORC One 5^S 4�'f'( ric+>mt, .ti1`a tc ti+stcr:�1 naa s'.i_ Erch otd\,I N['61)957 No)V-,1010-'i\,I V-oo 4 l.(I�+c NorthCarotina Natmnq!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterauality.org FAX (828)299-7043 1-877-623-6748 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 29, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8878 Mr. Lynn Johnson, President Brookside Village Association c/o Paramount Property Management P. O. Box 59 Hendersonville,North Carolina 28793 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 NCO083313 - Brookside Village Association Brookside Village WWTP Case No. LV-2010-0122 Henderson County Dear Mr. Johnson: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$317.00 ($250.00 civil penalty + $67.00 enforcement costs) against Brookside Village Association. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Brookside Village Association for the month of December 2009. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0083313. The violations which occurred in December 2009 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Brookside Village Association violated the terms, conditions or requirements of NPDES Permit NCO083313 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 Brookside Village Association: SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa, NC 28778 NorthCarolina Phone: (828)296-4500\FAX:828 2997043\Customer Service: 1-877-623-6748 Nah allry Internet:www.ncwaterauality.org �� 0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $.00 NC0083313,by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for PH. \ 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0083313, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for NH3-N - Conc. $250.00 TOTAL CIVIL PENALTY $67.00 Enforcement Costs $317.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of. Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: - Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings within seven (7)business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: A, Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh,NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. 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, e_ Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Asheville Files w/ attachments DWQ Central Files w/attachments Bob Guerra/DWQ Enforcement Files w/attachments James &James Environmental/ ORC w/attachments y�'1']fe3.d r,on 1.4;,t 1�Ftr, lsri,,.13s'apksiie Vi I lage 8 33 1_,V-2010-01—''2.do,: JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2010-0122 County: Henderson Assessed Party: Brookside Village Association Permit No. : NC0083313 Amount Assessed: $317.00 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: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT���, AND NATURAL RESOURCES COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN �- OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS BROOKSIDE VILLAGE ASSOCIATION ) PERMIT NO. NCO083313 ) FILE NO. LV-2010-0122 Having been assessed civil penalties totaling $317.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated April 29, 2010,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE 43) � a w 8 IL U IIT-- W x W Z rn E O > X > O > � c _ m Z O wLU co > o q O J m co o N 0 w W Cl) aJ J v, m Ua J> a U C O t— ` d J C G) _ ui LL W Q=) z Z W cm E N O U C O N = N v o Q O o 0 p Z t W W Q N o T � J W X v ;_ LL N _../U �_ W m Z O T O N a Y z oo a s o a > m U a d m uj � V d F U w N � Z 0 O a x x a z a CI Z 0 a U p w w LL J J J Fd 0 0 M O M T— O M Z I.- Co M R a' 0 0 C.) 0 Z LLI N cV Z 0 fC— O_ r G J � LU LU y a O O a. 64 W N J a � .� �i� i\�/ T.-T* 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 April 29, 2010 Mr. Henry Keith Odom 1 Ariel Loop Hendersonville,North Carolina 28792-9583 Subject: NOTICE OF VIOLATION NOV-2010-NW-0043 Permit No. NCO071862 Magnolia Place WWTP Henderson County Dear Mr. Odom: A review of Magnolia Place WWTP's monitoring report for December 2009 showed the following violation: Parameter Date Measuring Violation Frequency Flow Week of 11/29/09-- 12/05/09 Weekly Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked"Compliant"when in fact it should have been marked"Non-Compliant"with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR to Raleigh at the address found on the front page of your DMR. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, kov `_X Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files 4:',5 "P;lfencieis:rri t a tG ,atu.l.tsrM oti,it< 73iclra Pine 7]862'N,)V-20l0 M�`d)04_1',doQ.. � Carolina oNaturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwateroualitv.org FAX (828)299-7043 1-877-623-6748 �T;� 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 April 29,2010 Honorable Danny McIntosh, Mayor Town of Burnsville P.O. Box 97 Burnsville,North Carolina 28714 Subject: NOTICE OF VIOLATION NOV-2010-MV-0042 Permit No.NCO075965 Burnsville Water Treatment Plant Yancey County Dear Mayor McIntosh: A review of Burnsville WTP's monitoring report for December 2009 showed the following violation: - ' Parameter Date Measuring Violation Frequency Flow 12/05/09 Weekly Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked"Compliant"when in fact it should have been marked"Non-Compliant"with an explanation for the non-compliance. If the above parameter was left off inadvertently,please send an amended DMR to Raleigh at the address found on the front page of your DMR. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions,please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files Water Quality Lab&Operations/ORC No t %,IV-(io42.doc orthCazolina �lltlfCllt'�(� 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 WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Goleen H. Sullins Dee Freeman Governor Director Secretary April 29, 2010 Chris Stahl Macon County Dept of Solid Waste Mgmt 109 Sierra Drive Franklin,NC 28734 SUBJECT: NPDES Stormwater Permit Compliance Inspection Macon County MSW Landfill Permit No: NCG120083 Macon County Dear Mr. Stahl: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on April 6, 2010. The facility was found to be in compliance with permit NCG120083. Enclosed is a copy of the Compliance Inspection Report,which contains additional observations and comments for your reference. Please contact me at(828)296-4664 or chuck.cranfordAncdenr.gov,, if I can be of any further assistance. Sincerely, Chuck Cranford Environmental Specialist Surface Water Protection Enclosure cc: Central Files Asheville Files S:\SWP\Macon\Stormwater\NCG12 Landfills\MaconSW\CEI.4.6.10.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-7043\Customer Service:1-877-623-6748 11T0rthCar0hna Internet:www.ncwaterquality.org f f���� An Equal Opportunity\Affirmative Action Employer �atK y ,� �- '� ��. �j' --� Compliance Inspection Report Permit: NCG120083 Effective: 11/13/09 Expiration: 10/31/12 Owner: Macon County Dept of Solid Waste Mgmt SOC: Effective: Expiration: Facility: Macon County MSW Landfill County: Macon 1448 Lakeside Dr Region: Asheville Franklin NC 28734 Contact Person: Chris Stahl Title: Phone:828-349-2215 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 04/06/2010 Entry Time: 09:00 AM Exit Time: 11:00 AM Primary Inspector: Chuck Cranford Phone: Secondary Inspector(s): Reason for Inspection: Routine Inspection Type:Compliance Evaluation Permit Inspection Type: Landfill Stormwater Discharge COC Facility Status: ■ Compliant ❑ Not Compliant Question Areas: 0 Storm Water (See attachment summary) Page: 1 Permit:NCG120083 Owner-Facility: Macon County Dept of Solid Waste Mgmt Inspection Date: 04/06/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine Inspection Summary: DWQ staff was met on site by Chris Stahl and other staff. A tour was conducted of the facility, observing the stormwater conveyances and outfalls and site conditions. During the visit, the SPPP manual was reviewed, operational activities and existing stormwater exposures were discussed. Permit requirements were also reviewed as pertaining to the most recent permit version, dated November 1, 2007. At the time of the inspection the site was found to be in compliance with the permit. The inspector noted that the facility appeared to maintain good housekeeping practices and records were found to be in good order. Two noteworthy items were indicated during the visit: -The site plan with stormwater discharge outfalls identified needs to be updated. Several outfalls were eliminated from monitoring requirements after close inspection. -Soil erosion has impacted a stream adjacent to one of the main entrance roads and also along the stream just above the pond. Efforts should be taken to prevent further loss of soil to the streams. Page: 2 Permit:NCG120083 Owner-Facility: Macon County Dept of Solid Waste Mgmt Inspection Date:04/06/2010 Inspection Type:Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ n n n #Does the Plan include a General Location(USGS)map? ■ n n n #Does the Plan include a"Narrative Description of Practices"? ■ 1=1 n n #Does the Plan include a detailed site map including outfall locations and drainage areas? ■ ❑ ❑ Cl #Does the Plan include a list of significant spills occurring during the past 3 years? ■ n n n #Has the facility evaluated feasible alternatives to current practices? ■ n n n #Does the facility provide all necessary secondary containment? ■ Cl n n #Does the Plan include a BMP summary? ■ n n n #Does the Plan include a Spill Prevention and Response Plan(SPRP)? ■ n n n #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ n ❑ n #Does the facility provide and document Employee Training? ■ n n n #Does the Plan include a list of Responsible Party(s)? ■ n n n #Is the Plan reviewed and updated annually? ■ ❑ ❑ 0 #Does the Plan include a Stormwater Facility Inspection Program? ■ n n n Has the Stormwater Pollution Prevention Plan been implemented? ■ n n n Comment: Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? n ■ n n Comment: Permittee is still within the monitoring period window. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? n ■ n n #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ n ■ Comment: Permittee is still within the monitoring period window. Permit and Outfalls Yes No NA NE #Is a copy of the Permit and the Certificate of Coverage available at the site? ■ n n n #Were all outfalls observed during the inspection? ■ n n n #If the facility has representative outfall status, is it properly documented by the Division? ■ n n n #Has the facility evaluated all illicit(non stormwater)discharges? ■ n 00 Comment: The permitte is adjusting the official outfalls on the site as the inspector determined that several locations identified as outfalls were not appropriate. Page: 3 \� (\ Ay� �_ ',,. �.,�% �, -_. �... NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 29, 2010 Jeff Belyea, P.E. Wolverton &Associates, Inc. 6745 Sugarloaf Parkway Suite 100 Duluth, GA 30097 Subject: Preliminary Review of Forthcoming 401 Application 401 Water Quality Certification Wa1Mart Supercenter-Marion McDowell County Dear Mr. Belyea: After the correspondence between yourself and this office and a further review of additional submitted information,this office believes that a new 401 Water Quality application containing this information, when submitted, can be processed for issuance. As of this time, a new application(5 copies), along with an application fee, should be submitted to our Central Office. Upon receipt of this submitted information in the Regional Office,we will process for issuance in a timely manner. Should you have any questions in regards to this, please do not hesitate to contact Kevin Barnett at 828- 296-4657. Sincerely, 9 �- ev e. Roger C. Edwards, Supervisor Surface Water Protection Asheville Regional Office SAS WP\McDowell\401 s\Non-DOT\MarionwalMartSuperCenter\MarionWalMartSuperCenter.prel iminaryreview.04282010.doc SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Nortb.Carolina Phone:828-296-45001 FAX:828-299-7043\Customer Service:1-877-623-6748 �} / I' Internet: www.ncwaterquality.org ) A(rall An Equal Opportunity\Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION April 29, 2010 Mr. William Hammonds Marquis Property Management, LLC 505 Racking Cove Road Sylva, NC 28779 SUBJECT: Compliance Evaluation Inspection Morningstar of Jackson WWTP Permit No: NCO032808 Jackson County Dear Mr. Hammonds: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on April it 21, 2010. The facility was found to be in compliance with permit NC0032808. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, �/� leA- Wanda �P. Frazier Environmental Specialist Enclosure cc: William Mills, ORC Central Files Asheville Files S:\SWP\Jackson\Wastewater\Minors\Morningstar(Ensley Adult Care)32808\CEI.4-21-10.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S. Highway 70,Swannanoa, NC 28778 NOrthCarohna Phone:(828)296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 Naturally Internet:www.ncwatercluality.org �l /, ...... �\\..-�� United States Environmental Protection Agency Form Approved. EPA /� Washington,D.C.20460 OMB No.2040-0057 cI�/`1 Water Compliance Inspection Report Approval expires8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO032808 111 121 10/04/21 117 181 CI 19I SI 20I I Remarks 211111 1111 11111111 11111111 1111 1111 11111111 11111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ------—--------------Reserved---------------- 67I 1.0 169 70131 711 I 72I N I 73' 74 75L 1 I I I I I 180 Section B: Facility Data �I I f Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Morningstar of Jackson 02:45 PM 10/04/21 07/11/01 505 Raching Cove Rd Exit Time/Date Permit Expiration Date Sylva NC 28779 03:15 PM 10/04/21 12/10/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data William H Mills/ORC/828-293-3243/ Name,Address of Responsible OfficiallTitle/Phone and Fax Number Contacted William Hammonds,505 Racking Cove Rd Sylva NC 28779//828-586-1556/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Operations&Maintenance 0 Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ fa_� k ;7� lz7- e__�9", 4; /0 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date z 2dro EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 1� 3I NCO032808 I11 12I 10/04/21 I17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The Marquis Property Management, LLC- Morningstar of Jackson WVVTP (formerly: Ensley Adult Care Center) is a Class II facility rated as a 0.0085 MGD extended aeration VWVTP with: two 1,000 gallon septic tanks; manual bar screen; aeration basin with blowers providing diffused air; clarifier with sludge return; aerobic digestor; and ultraviolet disinfection. PERMIT/ INSPECTION/LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 12-5-2006 by Janet Cantwell The permit expires on 10-31-2012. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The daily operator log was present on-site and had good notation of daily events, process control and field testing data. TREATMENT UNITS/PROCESS CONTROL TESTING DATA: The activated sludge aeration basin process control data was as follows: Temperature = 17.8 degrees Celsius pH = 7.0 units Dissolved Oxygen = 1.2 mg/I Settleable Solids = 500 ml/I = 50% Tip: Using the settleability test, the return sludge pumping rate is usually set so that the flow rate is approximately equal to the percentage volumes occupied by the settleable solids from the aeration basin after settling for 30 minutes in a settleometer. For example, a settleability of 30%would generally indicate a recommended return sludge pumping rate of 30%. Having the percent settleable solids (i.e. 30%) the same as the percent return sludge pumping rate (i.e. 30%), allows for the solids balance in the plant to be maintained. If the plant cannot handle that return sludge pumping rate, then wasting is probably recommended, unless the sludge is too young. Page# 2 Permit: NCO032808 Owner-Facility: Morningstar of Jackson Inspection Date: 04/21/2010 Inspection Type: Compliance Evaluation EFFLUENT: The effluent data was as follows: Dissolved Oxygen = 3.8 mg/I pH = 7.18 units Temperature = 17.9 degrees Celsius OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY: Mr. William Mills, ORC, assisted in the inspection and appears to be operating and maintaining the facility very well. The effluent appeared to be in compliance with permit limits. A new fence and awning to cover the WWTP had been added since the last inspection. SYSTEM PERFORMANCE ANNUAL REPORT: The 2009 System Performance Annual Report was received by the Division on 1-19-2010. Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: ` The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment works' and collection system's performance over a 12 month period. Page# 3 Permit: NCO032808 Owner-Facility: Morningstar of Jackson Inspection Date: 04/21/2010 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n Is the facility as described in the permit? ■ n n In #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 n n Comment: Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n 110 Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge ■ n 0 n Judge, and other that are applicable? Comment: Septic Tank Yes No NA NE (If pumps are used) Is an audible and visual alarm operational? n n ■ n Is septic tank pumped on a schedule? n n n ■ Are pumps or syphons operating properly? n n ■ n Are high and low water alarms operating properly? n n ■ n Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical n Are the bars adequately screening debris? ■ n n n Is the screen free of excessive debris? ■ n n n Is disposal of screening in compliance? ■ n n n Is the unit in good condition? ■ n n n Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ n n n Page# 4 Permit: NCO032808 Owner-Facility: Morningstar of Jackson Inspection Date: 04/21/2010 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE 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 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: 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 ■ n Are weirs level? ■ n ❑ n Is the site free of weir blockage? ■ ❑ n n Is the site free of evidence of short-circuiting? ■ n Cl n Is scum removal adequate? ■ n n r_l Is the site free of excessive floating sludge? ■ 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 Is the sludge blanket level acceptable?(Approximately'/<of the sidewall depth) ■ n n n Comment: Disinfection - UV Yes No NA NE Are extra UV bulbs available on site? ■ n n (=1 Are UV bulbs clean? ■ n n n Is UV intensity adequate? ■ n n n Is transmittance at or above designed level? ■ n n n Is there a backup system on site? n ■ n n Is effluent clear and free of solids? ■ n n Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ ❑ n n Page# 5 Permit: NC0032808 Owner-Facility: Morningstar of Jackson Inspection Date: 04/21/2010 Inspection Type: Compliance Evaluation - Effluent Pipe Yes No NA NE 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? In n ■ n Comment: Page# 6 a ;ry 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 SURFACE WATER PROTECTION SECTION April 29, 2010 Mr. Vito Montaperto Dana Hills Corporation 1010 Dana Road Hendersonville, NC 28792 SUBJECT: Compliance Sampling Inspection Dana Hills WWTP Permit No: NCO073393 Henderson County Dear Mr. Montaperto: Enclosed please find a copy of the Compliance Sampling Inspection conducted on April 15, 2010. The facility was found to be in compliance with permit NC0073393. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: James & James Central Files Asheville Files S:\SWP\Henderson\Wastewater\Minors\Bon Worth 37176\CE1.4-15-10.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 NorthCarohna Phone: (828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 Naturally www.ncwaterguality.org AK I, I /- I United States Environmental Protection Agency Form Approved. Washington,D.C.20460 EPA 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 31 NCO073393 111 121 10/04/15 117 181 SI 19I SI 20I I Remarks 21I I I I 1 l l 1 l l l l l l l l l l l l l l ( 1 1 1 1 1 1-1 ( 1 1 1 1 1 1 1 1 1 I I I I I I �6 Inspection Work Days Facility Self-Monitoring Evaluation Rating Bi QA ------------------Reserved----------------- 67I 1.0 169 70131 711 I 72I N I 73 LU 74 751 I I I I III 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) Dana Hill WWTP 01:45 PM 10/04/15 09/10/01 1010 Dana Rd Exit Time/Date Permit Expiration Date Hendersonville NC 28792 02.15 PM 10/04/15 10/11/30 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Danielle Ann Hunter/ORC/828-697-0063/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Vito Montaperto,1010 Dana Rd Hendersonville NC 28792//828-692-8477/No - Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance E Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ 047:5 i1 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 NCO073393 I11 12I 10/04/15 117 18I S _ Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) PERMIT/ INSPECTION /LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 12-15-2008 by Janet Cantwell The permit expires on 11-30-2010. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The daily operator log was present on-site and had good notation of daily events, process control and field testing data. TREATMENT UNITS/ PROCESS CONTROL TESTING DATA: The activated sludge aeration basin process control data was as follows: Temperature = 18.1 degrees Celsius pH = 6.3 units Dissolved Oxygen = 2.36 mg/I Settleable Solids = 600 ml/I = 60% EFFLUENT: The effluent data was as follows: Dissolved Oxygen = 2.24 mg/I pH = 6.7 units Temperature = 20.4 degrees Celsius Chlorine = 22 ug/I FLOW MEASUREMENT: A new effluent Eastech Flow Controls Vantage Ultrasonic 2210, flow meter was installed and calibrated on 6-25-09 by ISI. OPERATIONS AND MAINTENANCE/ EFFLUENT/SUMMARY: Ms. Juanita James, ORC contractor, assisted in the inspection. Effluent samples were collected on the day of the inspection. The following lab results indicated that the facility was in compliance with the permit limits. Page# 2 Permit: NCO073393 Owner-Facility: Dana Hill WVVFP Inspection Date: 04/15/2010 Inspection Type: Compliance Sampling Lab Results: BOD = 3.4 mg/I TSS = 14 mg/I Fecal coliform = 2 col/100 ml It appears that this facility is being properly operated and maintained. The effluent was clear and appeared to be in compliance with permit limits. SYSTEM PERFORMANCE ANNUAL REPORT: The 2009 System Performance Annual Report was received by the Division on 3-15-10. Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment works' and collection system's performance over a 12 month period. Page# 3 Permit: NCO073393 Owner-Facility: Dana Hill WWTP Inspection Date: 04/15/2010 Inspection Type: Compliance Sampling Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n Is the facility as described in the permit? ■ n n n #Are there any special conditions for the permit? n ■ Cl n Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ Cl ❑ n Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n Judge,and other that are applicable? Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical n Are the bars adequately screening debris? ■ n n n Is the screen free of excessive debris? ■ n n n Is disposal of screening in compliance? ■ n n n Is the unit in good condition? ■ n n n Comment: Equalization Basins Yes No NA NE Is the basin aerated? ■ n n n Is the basin free of bypass lines or structures to the natural environment? ■ n n n 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: Page# 4 Permit: NCO073393 Owner-Facility: Dana Hill WWTP Inspection Date: 04/15/2010 Inspection Type: Compliance Sampling Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ ❑ 0 n Are surface aerators and mixers operational? D 0 ■ 0 Are the diffusers operational? ■ 0 Is the foam the proper color for the treatment process? ■ ❑ 0 n Does the foam cover less than 25%of the basin's surface? ■ 0 ❑ 0 Is the DO level acceptable? ■ 0 Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ ❑ rl rl Comment: 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? ■ 0 ❑ 0 Is the site free of weir blockage? ■ n fl 0 Is the site free of evidence of short-circuiting? ■ ❑ 0 fl Is scum removal adequate? ■ 0 Q Is the site free of excessive floating sludge? ■ ❑ n 0 Is the drive unit operational? ❑ n ■ Is the return rate acceptable(low turbulence)? ■ ❑ rl Is the overflow clear of excessive solids/pin floc? ■ ❑ Q Q Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ■ 0 0 n Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n n Are the tablets the proper size and type? ■ 0 I_l n Number of tubes in use? 2 Is the level of chlorine residual acceptable? ■ Is the contact chamber free of growth, or sludge buildup? ■ 0 0 0 Page# 5 Permit: NC0073393 Owner-Facility: Dana Hill VWVfP Inspection Date: 04/15/2010 Inspection Type: Compliance Sampling Disinfection-Tablet Yes No NA NEB Is there chlorine residual prior to de-chlorination? ■ n n n Comment: De-chlorination Yes No NA NE Type of system? Is the feed ratio proportional to chlorine amount(1 to 1)? In n ■ n Is storage appropriate for cylinders? n n ■ n #Is de-chlorination substance stored away from chlorine containers? n n ■ Comment: Are the tablets the proper size and type? ■ n n n Are tablet de-chlorinators operational? ■ n n n Number of tubes in use? 2 Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n n n Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ n n \ If effluent (diffuser pipes are required) are they operating properly? n n ■ Comment: Page# 6 4\ ±' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen K Sullins Dee Freeman Governor Director Secretary April 30, 2010 Mr. Rick Spurling, Assistant Superintendent Mitchell County Board of Education 72 Ledger School Road Bakersville,North Carolina 28705 Subject: NOTICE OF VIOLATION NOV-2010-LM-0013 Permit No.NCO066737 Mitchell High School WWTP Mitchell County Dear Mr. Spurling: A review of Mitchell High School WWTP's monitoring report for December 2009 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Nitrogen, Ammonia Total (as 12/31/09 25 mg/l 28.84 mg/1 Monthly N)-Concentration Average Exceeded Parameter Date Measuring Frequency Violation Flow 12/26/09 Weekly Failure to Monitor Remedial actions, if not already implemented,should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted:however,should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Janet Cantwell. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files One watilli'�tifh '.i Wrsic:w it.,r::�tins_r ,1i�c1a11 3L�;1 Saliosal(,O"- r NC)V-?010-1 M N)13.doc' NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.newaterauality.org FAX (828)299-7043 1-877-623-6748 �\ ,, '� ,_ l AUX NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 30,2010 Mr. Rick Spurling, Assistant Superintendent Mitchell County Board of Education 72 Ledger School Road Bakersville,North Carolina 28705 Subject: NOTICE OF VIOLATION NOV-2010-LM-0014 Permit No.NCO066729 Tipton Hill Elementary School WWTP Mitchell County Dear Mr. Spurling: A review of Tipton Hill Elementary School WWTP's monitoring report for December 2009 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Nitrogen, Ammonia Total(as 12/31/09 18 mg/1 18.92 mg/1 Monthly N)-Concentration Average Exceeded Parameter Date Measuring Frequency Violation Flow 12/26/09 Weekly Failure to Monitor Remedial actions,if not already implemented,should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted:however,should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Janet Cantwell. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface.Water Protection Section cc: DWQ Asheville Files DWQ Central Files One S:''.Sl ""\,Iiiclicil SDI'i13ltri' t,.i:1,1iii,r :C ipcon Hill ti+,i 'J:RlC>V-2i}I p-L\9 (, i=1-doc NorthCarolina NWA(ra!!ry North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.ora FAX (828)299-7043 1-877-623-6748 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 30, 2010 Mr. James K. Picklesimer Vz Top Homeowner's Association Inc. P.O. Box 1709 Highlands,North Carolina 28741 Subject: NOTICE OF VIOLATION NOV-2010-MV-0045 Permit No.NCO037711 VZ TOP Homeowners Association WWTP Macon County Dear Mr. Picklesimer: A review of VZ TOP Homeowners Association WWTP's monitoring report for December 2009 showed the following violations: Parameter Date Measuring Violation Frequency Flow, in conduit or thru treatment plant 12/18/09 Continuous Failure to Monitor Flow, in conduit or thru treatment plant 12/19/09 Continuous Failure to Monitor Flow, in conduit or thru treatment plant 12/20/09 Continuous Failure to Monitor Flow, in conduit or thru treatment plant 12/21/09 Continuous Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked"Compliant"when in fact it should have been marked"Non-Compliant"with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR to Raleigh at the address found on the front page of your DMR. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions,please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files Environmental Inc. /ORC S:\SWP\Macon\Wastewater\Minors\VZ Top 37711\NOV-2010-MV-0045.doc NOne oithCarolina AwAra!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwateraualitv.org FAX (828)299-7043 1-877-623-6748 /, �.. �, �_. %1 `.� FqCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary April 30, 2010 Dale Hamlin Carriage Park 2827 Haywood Rd Hendersonville,NC 28791 SUBJECT: Notice of Violation Response and Sediment Removal/Restoration Plan Approval Carriage Park NOV-2010-SS-0005 Stream Standard Violation- Other Waste (In-stream sediment) Removal of Best Usage Henderson County Work Completion deadline: July 1,2010 Dear Mr. Hamlin: The Division of Water Quality has received correspondence from C1earWater Environmental Consultants, Inc., dated April 20, 2010, in response to the NOV noted above. The proposal includes the removal of fill and sediment from an unnamed tributary to Mill Pond Creek and sediment from a downstream, in-line pond. The remedial actions presented in the response have been found satisfactory and are approved. Activities involved in this approved plan, as well as submittal of the final report, are to be completed by July 1,2010. Sincerely, Chuck Cranford Environmental Specialist Surface Water Protection cc: ARO File Copy Clement Riddle—C1earWater(e-copy) Tim Fox—Henderson County (e-copy) Tasha McCormick—USACE (e-copy) S:\SWP\Henderson\Complaints\Carriage Park\APRVL.4.30.10.doc SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 ��������1 Internet: www.ncwaterqualiV.org f-�/�/ An Equal Opportunity 11 Affirmative Action Employer 4 YF NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 30, 2010 Shane Vance 2435 Jackson Town Road Spruce Pine,North Carolina 28777 Subject: Request for More Information 401 Water Quality Certification Rose Creek Restoration DWQ Project# 2010-0198 Mitchell County Response deadline: May 31, 2010 Dear Mr. Vance: 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 omplete the review process. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Applicant Information The submitted application provides no Agent Authorization from the owner to the applicant. You must submit an Agent Authorization allowing Blue Ridge RC&D to apply on your behalf as part of the required response. 2. Application Item 3.e. Your submitted application indicates that an impoundment on your property will be dewatered as part of this stream restoration. No detail was provided as to how the impoundment will be dewatered. (Note: Draining the impoundment. You must provide a detailed description as to how the impoundment will be dewatered, and how the sediments remaining within the impoundment will be managed such that water quality standards will not be violated as part of the required response. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 � e t Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 NorthCar0li.na Internet:www.ncwaterquality.org ��tur��� An Equal Opportunity 1 Affirmative Action Employer y Shane Vance April 30,2010 Page 2 of 3 A standard permit condition for this type of work is that all work shall be done in the dry. The provided application states that a pump around will be utilized. No description nor engineering details were provided for the pump around structure(s). You must provide both a narrative and engineering details as to how this structure will be constructed, and operated during the requested work as part of the required response. 3. Plan Details No reference channel details were provided for this design. A reference reach shall be investigated, and documented to provide for the design details submitted for this stream restoration. All collected data and any design alterations shall be submitted as part of the required response. The submitted plans show constructed rock sills at the downstream of each constructed riffle. It is understood that this type of structure can result in an over-widened channel as a result. You must provide analysis and discussion as to how the stream will hold its cross-sectional dimension post construction of these structures. Additionally, you must provide sizing minimums in your construction details and appropriate supporting calculations of shear stress for the sill rock. The provided plans do not include a shear stress analysis for the riffle stone size, nor a sources for the bed load to be utilized. You must provide a discussion for riffle movement, how the above sills would limit this natural occurrence, effects of substrate sorting due to the use of sills, and the how the sizing and source of this material will be managed as part of your required response. % The submitted information describes the use of PAMs during the project, but no specifics, nor Division approvals have been specified nor referenced. Please review http://portal.ncdenr.org/c/document library/get file?uuid=93e0acbd-3caf-4ccb-a02b- c6a73c259cc5&groupld=38364 for a list of PAMs approved for use in North Carolina. A detailed PAM specification must be provides as part of your required response. Please provide your response in writing to the addresses below prior to close of business on May 31, 2010. Four copies of the required information should be provided to the 401 Permitting Unit at: Mr. Ian McMillan 401 Permitting Unit 1650 Mail Service Center Raleigh,NC 27699-1650 and a single copy to the Asheville Regional Office at: Kevin Barnett Surface Water Protection Section 2090 US HWY 70 Swannanoa,NC 28778 it 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 Kevin Barnett 828-296-4657, if you have any questions. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office cc: Cliff Vinson—Blue Ridge RC&D 11943 South 226 Highway, Suite C, Spruce Pine, North Carolina 28777 Andrew Bick - Confluence Engineering, PC 16 Broad Street, Asheville, North Carolina 28801 David Baker-US Army Corps of Engineers Asheville Field Office Ron Linville -North Carolina Wildlife Resources Commission Ian McMillan - 401 Permitting Unit Mitchell County Planning ARO File copy SAS WPWitcheIR401 Mon-DOT\10-0198.RoseCreek\RoseCreekRestoration.add-info.04062010.doc �i ,__ ��,� \�, NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary April 30, 2010 Charlie Owen Sirocco Properties, LLC 31 Busbee Rd Asheville,NC 28803 SUBJECT: Notice of Violation Response and Remediation Plan Approval NOV-2010-SS-0013 Removal of Best Usage Henderson County Dear Mr. Owen: The Division of Water Quality has received correspondence from C1earWater Environmental Consultants, Inc., dated April 14, 2010, in response to the NOV noted above. The proposal includes the discontinuance of dredging activities and stabilization of streambanks. The remedial actions presented in the response have been found satisfactory and are approved. Streambanks are to be stabilized immediately. The remaining work may be completed as described. Submittal of the final report should be accomplished by October 1, 2010. The Division will gladly re-evaluate the previously-unmapped surface water feature that was determined to be a stream on March 16, 2010. Sincerely, Chuck Cranford Environmental Specialist Surface Water Protection cc: ARO File Copy ClearWater Environmental Consultants—e-copy S:\SWP\Henderson\Complaints\SiroccoLLC\-APRVL.4.30.I O.doc SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna Phone:828-296-45001 FAX:828-299-7043\Customer Service:1-877-623-6748 Naturally www.ncwaterquality.org An Equal Opportunity;Affirmative Action Employer � �� i ��' �-, �J �__:�: ____ ,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 April 30, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8861 Mr. Rick Spurling, Assistant Superintendent Mitchell County Board of Education 72 Ledger School Road Bakersville,North Carolina 28705 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 NCO066737 Mitchell County Board of Education Mitchell High School WWTP Case No. LM-2010-0021 Mitchell County Dear Mr. Spurling: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$267.00 ($200.00 civil penalty+ $67.00 enforcement costs) against Mitchell County Board of Education. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Mitchell County Board of Education for the month of January 2010. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0066737. The violations which occurred in January 2010 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Mitchell County Board of Education violated the terms, conditions or requirements of NPDES Permit NCO066737 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 Mitchell County Board of Education: NorthCarolina SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Naturally Location:2090 U.S.Highway 70,Swannanoa, NC 28778 Phone:(828)296-4500\FAX:828 2997043\Customer Service: 1-877-623-6748 Internet:www.ncwater4uality.org 0 of the 1 violation of G.S. 143-215.1(a)(6) and NPDES Permit No. $.00 NC0066737, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for NH3-N- Conc. 2 of the 2 violations of G.S. 143-215,1(a)(6) and NPDES Permit No. $200.00 NC0066737, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for FEC COLL 0 of the 1 violation of G.S. 143-215 and NPDES Permit No. $00.00 NC0066737, for failure to properly monitor Flow in violation of the Permit Monitoring requirements. $200.00 TOTAL CIVIL PENALTY $67.00 Enforcement Costs $267.00 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- 2 82.1(b), which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice,you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: - Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax)or electronic mail by an attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh,NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being % referred to the Attorney General's Office for collection of the penalty through a civil action. `- 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, fTerEdwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Asheville Files w/ attachments DWQ Central Files w/attachments Bob Guerra/ DWQ Enforcement Files w/attachments 11"N'titchGli.\VaEstati�atba -1 6fi a..1�t-'Qlo-Oi17l.dcYe JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LM-2010-0021 County: Mitchell Assessed Party: Mitchell County Board of Education/Mitchell County HS Permit No.: NC0066737 Amount Assessed: $267.00 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: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF MITCHELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS MITCHELL COUNTY BOARD OF EDUCATION / MITCHELL COUNTY HIGH SCHOOL) PERMIT NO. NCO066737 ) FILE NO. LM-2010-0021 Having been assessed civil penalties totaling$267.00for violation(s) as set forth in the_ assessment document of the Division of Water Quality dated April 30, 2010,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. 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