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HomeMy WebLinkAboutDWR Read File Archive May 2011 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 2, 2011 Mr. William Miller Polk County Board of Education P.O. Box 638 Columbus, North Carolina 28722-0638 Subject: NOTICE OF VIOLATION NOV-2011-LV-0155 Permit No. NCO033553 Polk Central School WWTP Polk County Dear Mr. Miller: A review of Polk Central School's WWTP monitoring report for December 2010 showed the following violation: Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day(20 Deg. C) - 12/31/10 30 mg/1 33.67 mg/l Monthly Average Exceeded Concentration 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. It was noted that a BOD of>41 mg/l was reported on 12/14/2010 on the December 2010 DMR. For BOD, the generation of a "greater than"value usually occurs when characteristics of the effluent differ from what is normally discharged. If laboratories "set up"the test procedures based upon normal conditions, they may not have the capacity to get an accurate measurement of higher BOD concentrations, hence the reported "greater than"value. if you are suspicious or aware of conditions at your plant that cause you to believe effluent pollutant concentrations are beyond their normal levels, you should inform your laboratory of your concern so modifications to testing procedures can be made. 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 828/296-4600. Si cerely, Rogerdwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files Deborah Bradley/ORC S:\SWP\Polk\Wastewater\Miflors\Folk Central School 38553\NOV-2011-LV-0155.doc NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 FAX e(828 299-7043 1 877-623-96-4500 Customer e748e Internet: www ncwaterguality.orq NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Goleen H. Sullins Dee Freeman Governor Director Secretary May 3, 2011 Lee Smith City of Hendersonville 305 Williams Street Hendersonville NC 28793 SUBJECT: Collection System Inspect Non Sampling Inspection Hendersonville Collection System Permit No: WQCS00070 Henderson County Dear Mr. Smith: Enclosed please find a copy of the Collection System Inspect Non Sampling Inspection Report from the inspection which I conducted on April 19, 2011. The facility was found to be in Compliance with permit WQCS00070. Please refer to the enclosed inspection report for additional observations and comments. The assistance provided by Dennis Frady and his staff during the inspection was greatly appreciated. If you or your staff has any questions, please do not hesitate to contact me at 296-4500. Sincerely, AKeithyne Environmental Sr. Specialist Enclosure cc: Dennis L Frady, ORC Central Files Asheville Files S:\SWP\Henderson\Collection Systems\Hendersonville CS\04-19-110EIfetter.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCaxolina Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 / Internet:www.ncwaterguality.org Natural]/y Compliance Inspection Report ,It: WQCS00070 Effective: 08/01/07 Expiration: 07/31/15 Owner: City of Hendersonville SOC: Effective: Expiration: Facility: Hendersonville Collection System County: Henderson PO Box 1670 Region: Asheville Contact Person: Dennis L Frady Title: Phone:828-697-3072 Directions to Facility: System Classifications: CS2, Primary ORC: Dennis L Frady Certification: 13690 Phone:828-697-3072 Secondary ORC(s): On-Site Representative(s): On-site representative Dennis L Frady Phone: 828-697-3072 Related Permits: NC0025534 City of Hendersonville-Hendersonville WWTP Inspection Date: 04/19/2011 Entry Time: 09:25 AM Exit Time: 03:00 PMI Primary Inspector: Keith Haynes - Phone:828-296-4500 �condary Inspector(s): Reason for Inspection: Routine Inspection Type:Collection System Inspect Non Sampling 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:WQCS00070 Owner-Facility: City of Hendersonville Inspection Date:04/19/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Inspection Summary: The system has 4494 manholes and 794,594 feet of sewerline. CITYWORKS(sp)was started July 1, 2010. Overall the program is in good condition. Work needs to be continued toward eliminating SSOs. Page: 2 Permit:WQCS00070 Owner-Facility:City of Hendersonville Inspection Date:04/19/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? ■ ❑ n 0 What educational tools are used? Newspaper articles and ads. Working on a new pamphlet Is Sewer Use Ordinance/Legal Authority available? ■ 0 Q n Does it appear that the Sewer Use Ordinance is enforced? ■ ❑ n Is Grease Trap Ordinance available? ■ n n n Is Septic Tank Ordinance available(as applicable,i.e.annexation) ■ Q n n List enforcement actions by permittee,if any, in the last 12 months None Has an acceptable Capital Improvement Plan(CIP)been implemented? ■ n n rl Does CIP address short term needs and long term\"master plan\"concepts? ■ n 0 n Does CIP cover three to five year period? ■ ❑ ❑ n Does CIP include Goal Statement? ■ ❑ ❑ Does CIP include description of project area? ■ ❑ ❑ ❑ Does CIP include description of existing facilities? ■ ❑ n n Does CIP include known deficiencies? ■ n n Q Does CIP include forecasted future needs? ■ n ❑ n Is CIP designated only for wastewater collection and treatment? ■ ❑ ❑ n Approximate capital improvement budget for collection system? $1,296,150.00 Total annual revenue for wastewater collection and treatment? $4,600,000.00 CIP Comments Very good CIP Is system free of known points of bypass? ■ ❑ 0 n If no,describe type of bypass and location Is a 24-hour notification sign posted at ALL pump stations? ■ ❑ n O #Does the sign include: Instructions for notification? ■ n n n Pump station identifier? ■ n n n 24-hour contact numbers ■ n n 0 If no, list deficient pump stations Page: 3 Permit:WQCS00070 Owner-Facility:City of Hendersonville Inspection Date: 04/19/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine \ #Do ALL pump stations have an"auto polling"feature/SCADA? ■ ❑ n 0 Number of pump stations 36 Number of pump stations that have SCADA 36 Number of pump stations that have simple telemetry 0 Number of pump stations that have only audible and visual alarms 0 Number of pump stations that do not meet permit requirements 0 #Does the permittee have a root control program? ■ 0 ❑ 0 #If yes,date implemented? Describe: DUKES Comment: Inspections Yes No NA NE Are maintenance records for sewer lines available? ■ ❑ ❑ (_1 Are records available that document pump station inspections? ■ n Q Q Are SCADA or telemetry equipped pump stations inspected at least once a week? ■ 0 n Are non-SCADA/telemetry equipped pump stations inspected every day? ❑ Q ■ Are records available that document citizen complaints? ■ ❑ Q 0 #Do you have a system to conduct an annual observation of entire system? ■ ❑ Q Q #Has there been an observation of remote areas in the last year? ■ n 0 13 Are records available that document inspections of high-priority lines? ■ ❑ Q 13 Has there been visual inspections of high-priority lines in last six months? ■ 0 Comment: Operation&Maintenance Requirements Yes No NA NE Are all log books available? ■ Q ❑ 0 Does supervisor review all log books on a regular basis? ■ ❑ 00 Does the supervisor have plans to address documented short-term problem areas? ❑ n ■ n What is the schedule for reviewing inspection,maintenance,&operations logs and problem areas? Monthly reviews of logs Are maintenance records for equipment available? ■ n ❑ ❑ Is a schedule maintained for testing emergency/standby equipment? ■ Q Q What is the schedule for testing emergency/standby equipment? every 6 months via contractor �- Page: 4 Permit:WQCS00070 Owner-Facility:City of Hendersonville Inspection Date: 04/19/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Do pump station logs include: Inside and outside cleaning and debris removal? ■ ❑ ❑ ❑ Inspecting and exercising all valves? ■ ❑ 0 ❑ 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? ■ ❑ ❑ In 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? ■ ❑ ❑ Cl Has at least 10%of system been cleaned annually? ■ ❑ ❑ ❑ What areas are scheduled for cleaning in the next 12 months? Carriage Park and Blue Ridge 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? ■ 0 ❑ ❑ 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? ■ ❑ ❑ ❑ If yes,is there a corrective action plan? ■ ❑ ❑ ❑ Is a map of the system available? ■ ❑ ❑ ❑ Page: 5 Permit:WQCS00070 Owner-Facility:City of Hendersonville Inspection Date: 04/1912011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine \ Does the map include: Pipe sizes ■ ❑ ❑ ❑ Pipe materials ■ rl ❑ ❑ Pipe location ■ ❑ ❑ ❑ Flow direction ■ n ❑ ❑ Approximate pipe age ■ ❑ ❑ ❑ Number of service taps ■ ❑ ❑ ❑ Pump stations and capacity ■ ❑ ❑ ❑ If no,what percent is complete? List any modifications and extensions that need to be added to the map Not all pipe material and sizes are known. This will be determined after the entire system is videoed and will be included on the map. CityWorks was put into use in July 2010 and all of this info will be added to the mapping as it is determined. #Does the permittee have a copy of their permit? I ■ ❑ ❑ ❑ Comment: Monitoring and Reporting Requirements Yes No NA NE Are copies of required press releases and distribution lists available? ■ ❑ ❑ ❑ Are public notices and proof of publication available? ■ ❑ ❑ ❑ #Is an annual report being prepared in accordance with G.S. 143-215.1C? ■ ❑ ❑ ❑ #Is permittee compliant with all compliance schedules in the permits? n ❑ ■ ❑ If no,which one(s)? Comment: 005-Jackson Park Pump Station Yes No NA NE Pump station type Duplex Are pump station logs available? ■ ❑ rl ❑ Is it accessible in all weather conditions? ■ ❑ ❑ ❑ #Is general housekeeping acceptable? ■ ❑ ❑ ❑ Are all pumps present? ■ ❑ ❑ ❑ Are all pumps operable? ■ Q ❑ 0 Are wet wells free of excessive debris? ■ ❑ ❑ ❑ Page: 6 Permit:WQCS00070 Owner-Facility:City of Hendersonville Inspection Date:04/19/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Are upstream manholes free of excessive debris/signs of overflow? ❑ ■ ❑ ❑ Are floats/controls for pumps/alarms operable? ■ ❑ ❑ ❑ Is"auto polling"feature/SCADA present? ■ ❑ ❑ ❑ Is"auto polling"feature/SCADA operational? ■ ❑ ❑ ❑ Is simple telemetry present? ❑ ❑ ■ ❑ Is simple telemetry operational? ❑ ❑ ■ ❑ Are audio and visual alarms present? ❑ ❑ ■ ❑ Are audio and visual alarms operable? ❑ ❑ ■ ❑ Is the Pump station inspected as required? ■ ❑ ❑ ❑ Are backflow devices in place? ❑ ❑ ■ ❑ Are backflow devices operable? ❑ ❑ ■ ❑ Are air relief valves in place? ■ ❑ ❑ ❑ Are air relief valves operable? ■ ❑ ❑ ❑ # Is an emergency generator available? ■ fl ❑ ❑ 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? ■ ❑ ❑ ❑ 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? ■ ❑ ❑ ❑ Are run times comparable for multiple pumps? yes Comment: There was a SSO prior to this station the previous week end. 018 - Brookwood Page: 7 Permit:WQCS00070 Owner-Facility:City of Hendersonville Inspection Date: 04/19/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine Pump Station Yes No NA NE Pump station type Are pump station logs available? ■ ❑ ❑ ❑ Is it accessible in all weather conditions? ■ ❑ ❑ ❑ #Is general housekeeping acceptable? ■ ❑ ❑ ❑ Are all pumps present? ■ ❑ ❑ ❑ Are all pumps operable? ■ ❑ ❑ I] Are wet wells free of excessive debris? ■ ❑ ❑ ❑ Are upstream manholes free of excessive debris/signs of overflow? ■ ❑ ❑ ❑ Are floats/controls for pumps/alarms operable? ■ ❑ ❑ ❑ Is"auto polling"feature/SCADA present? ■ ❑ ❑ ❑ Is"auto polling"feature/SCADA operational? ■ ❑ ❑ ❑ Is simple telemetry present? ❑ ❑ ■ ❑ Is simple telemetry operational? ❑ ❑ ■ ❑ Are audio and visual alarms present? ■ ❑ ❑ ❑ ' Are audio and visual alarms operable? ■ ❑ ❑ ❑ Is the Pump station inspected as required? ■ ❑ ❑ ❑ Are backflow devices in place? ❑ ❑ ❑ ■ Are backflow devices operable? ❑ ❑ ❑ ■ 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? ■ ❑ ❑ ❑ Is a 24-hour notification sign posted? ■ ❑ ❑ ❑ Does it include: Instructions for notification? ■ ❑ ❑ ❑ Page: 8 Permit:WQCS00070 Owner-Facility: City of Hendersonville Inspection Date:04/19/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Pump station identifier? ■ ❑ ❑ ❑ Emergency phone number ■ ❑ ❑ ❑ Is public access limited? ❑ ■ n n Is pump station free of overflow piping? ■ ❑ ❑ ❑ Is the pump station free of signs of overflow? ■ ❑ ❑ ❑ Are run times comparable for multiple pumps? yes Comment: The station is not fenced. The pumps are locked, but the control panel could be accessible to vandalism. 028 -Eagle Point Pump Station Yes No NA NE Pump station type Duplex Are pump station logs available? ■ ❑ ❑ ❑ Is it accessible in all weather conditions? ■ ❑ ❑ ❑ #Is general housekeeping acceptable? ■ ❑ ❑ ❑ Are all pumps present? ■ ❑ ❑ ❑ Are all pumps operable? ■ ❑ ❑ ❑ Are wet wells free of excessive debris? ■ ❑ ❑ ❑ Are upstream manholes free of excessive debris/signs of overflow? ■ ❑ ❑ ❑ Are floats/controls for pumps/alarms operable? ■ ❑ ❑ Is"auto polling"feature/SCADA present? ■ ❑ ❑ ❑ Is"auto polling"feature/SCADA operational? ■ ❑ ❑ ❑ Is simple telemetry present? ❑ ❑ ■ ❑ Is simple telemetry operational? ❑ ❑ ■ ❑ Are audio and visual alarms present? ■ ❑ n n Are audio and visual alarms operable? ■ ❑ ❑ ❑ Is the Pump station inspected as required? ■ ❑ ❑ ❑ Are backflow devices in place? n ❑ ■ ❑ Are backflow devices operable? ❑ n ■ Are air relief valves in place? ❑ ❑ ■ ❑ Are air relief valves operable? ❑ ❑ ■ ❑ Page: 9 Permit:WQCS00070 Owner-Facility: City of Hendersonville Inspection Date:04/19/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine # Is an emergency generator available? ■ n n n Can the emergency generator run the pumps? ■ n n n Is the pump station equipped for quick hook-up? n n ■ n Is the generator operable? ■ n n n #Is fuel in tank and sufficient? n n ■ n Is the generator inspected according to their schedule? ■ n n n Is a 24-hour notification sign posted? ■ n n n Does it include: Instructions for notification? ■ n n n Pump station identifier? ■ n n n Emergency phone number ■ n n n Is public access limited? ■ ❑ n n Is pump station free of overflow piping? ■ n Is the pump station free of signs of overflow? ■ n n n Are run times comparable for multiple pumps? yes _ Comment: Well maintained station 1 -Jackson Park/Clover Street Lines/Right-of-Ways/Aeriel 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 Are water crossing and supports in good condition? n n n ■ #Is right-of-way free of non-utility motorized traffic? ■ n 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? Comment: \J 1783 -Jackson Park Lift Station Page: 10 Permit:WQCS00070 Owner-Facility:City of Hendersonville .ispection Date: 04/19/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Aanhole Yes No NA NE Is manhole accessible? ■ n Q n #Is manhole cover/vent above grade? ■ fl n n Is the manhole free of visible signs of overflow? n ■ n Q Is the manhole free of sinkholes and depressions? ■ D ❑ n Is manhole cover present? ■ n C1 n #Is manhole properly seated? ■ n 0 n #Is manhole in good condition? ■ n n n #Is invert in good condition? Q 0 ❑ Is line free-flowing and unrestricted in manhole? ■ Is manhole free of excessive amounts of grease? ■ n n n Is manhole free of excessive roots? ■ Q n n Is manhole free of excessive sand? ■ Q n n Is manhole's extended vent screened? n n ■ n Are vents free of submergence? ❑ n ■ n Are manholes free of bypass structures or pipes? ■ n 0 0 Comment: This manhole is above lift station 005 and had overflowed the previous Saturday. 2383 -line through Jackson Park Manhole Yes No NA NE Is manhole accessible? ■ Q ❑ n #Is manhole cover/vent above grade? ■ ❑ n n Is the manhole free of visible signs of overflow? ■ n ❑ n Is the manhole free of sinkholes and depressions? ■ ❑ n Cl Is manhole cover present? ■ ❑ n #Is manhole properly seated? ■ ❑ n 11 #Is manhole in good condition? ■ n n ❑ #Is invert in good condition? ■ ❑ n n Is line free-flowing and unrestricted in manhole? ■ n ❑ n Is manhole free of excessive amounts of grease? ■ Is manhole free of excessive roots? ■ ❑ Q Page: 11 Permit:WQCS00070 Owner-(Facility: City of Hendersonville Inspection Date: 04/19/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Is manhole free of excessive sand? ■ n n n Is manhole's extended vent screened? ■ n ❑ n Are vents free of submergence? ■ Q o n Are manholes free of bypass structures or pipes? ■ n n Comment: Good condition 2387-line through Jackson Park Manhole Yes No NA NE 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 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 #Is invert in good condition? ■ n n n _J 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? ■ n n n Is manhole's extended vent screened? n n ■ n Are vents free of submergence? n I_l ■ n Are manholes free of bypass structures or pipes? ■ n n n Comment: good condition Page: 12 fij'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 May 3, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 6543 Ms. Susan Glenn Blackberry Sewer System P.O. Box 1770 Blowing Rock,North Carolina 28605 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO055611 Susan Glenn Blackberry Sewer System WWTP Case No. MV-2011-0021 Caldwell County Dear Ms. Glenn: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$186.00 ($119.00 civil penalty+ $67.00 enforcement costs) against Susan Glenn. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by Susan Glenn for the month of September 2010. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NCO055611. The violations which occurred in September 2010 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Susan Glenn violated the terms, conditions or requirements of NPDES Permit NCO055611 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143- 215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I,Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment against Susan Glenn: None rthCarolina Naturally SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE 1( Location:2090 U.S.Highway 70,Swannanoa,NC 28778 �J Phone:(828)296-4500\FAX:828 2997043\Customer Service: 1-877-623-6748 Internet:www.ncwaterouality.org $44.00 For 1 of the 1 failures to properly monitor TOTAL P- Cone in violation of NPDES Permit No. NC0055611. $75.00 For 1 of the 1 failures to properly monitor TOTAL N- Conc in violation of NPDES Permit No. NC0055611. $119.00 TOTAL CIVIL PENALTY $67.00 Enforcement Costs $186.00 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 ,mining whether a remission request will be approved, the following factors shall be .,nsidered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and.Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax)or electronic mail by an attached file (with restrictions) -provided the signed original, one(1) copy and a filing fee (if a filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh,NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. 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/attachments Bob Guerra/DWQ Point Source Branch w/attachments Water Quality Lab & Operations/ORC w/attachments 5'',,Sti4I',C:'Gildtttli•t1'ast�tit 7tci';vinoi '•.E 1ackEerrvRide i56I INV-2011-0021.d0c JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: MV-2011-0021 County: Caldwell Assessed Party: Susan Glenn/Blackberry WWTP Permit No: NCO055611 Amount Assessed: $186.00 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 ENVIRONMEIv. AND NATURAL RESOURCES COUNTY OF CALDWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS SUSAN GLENN/ BLACKBERRY WWTP ) PERMIT NO.NCO055611 ) FILE NO. MV-2011-0021 Having been assessed civil penalties totaling $186.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated May 3, 2011, 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}L ° F m o 0 0 Z > y O U U Q N N J U Q d � N d U- LL W a Z 0 LU wLU - 00- e 0 W gW =J Uj J Q U . F- 3 U LL� OD z za E E 0 Dw U N O O ¢ _ v c Z G1 N j �c t C9 W m m Q N W zLL a s m o 0 0 Q D aQ Z M o° C. 0 U)i > U E d r.+ N A N I- (D 3 °' N w� U U' F W J J FQ- V a o 0 co F- Z 0 U v w w ¢ o LL J J F IL 0 0 D N O coo G Z 1. R O �a N N U > Zw 0) m Z o ~ •L O O a O z r v Wd vs va WNW North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary May 3, 2011 Mr. Richard M. Swilling, Certification(s)#985285 Grade 2 Bio.; #993157 SI; and # 988259 SS 73 Long Cove Road Candler, N.C. 28715 Subject: Response to ORC Show Cause Meeting on April 14, 2011 NPDES facilities in: Buncombe County; Henderson County; Transylvania County; and Jackson County Dear Mr. Swilling: This office is in receipt of the information you submitted at the Operator Show-Cause meeting held in the Asheville Regional Office on April 14, 2011, regarding entries into the ORC logs, sampling protocol, records, and reporting status for the subject systems. This information satisfies concerns expressed by this office during the Show Cause meeting. Data collected through logs and reports will help in trending facility compliance and will provide information needed to make necessary operational changes when they are required, and supply the necessary documentation for proper site visitation and facility operation & maintenance, in addition to representative sampling. Please be advised that submittal of this information does not alleviate you of current or future ORC and Back-up ORC responsibilities or duties for facilities you operate. Also, this office gathered from the Show Cause meeting that you had been in the process of adding 'Chlorine Tablets' to the weirs of the WWTP's you operate in order to control algae. This process `MUST' be discontinued, unless you monitor and report 'Total Residual Chlorine' data for those facilities at which you do this. Please note rule 15 A NCAC 02B.0506 (a), (1), (D), (i) (ii) and (iii), which state:" In order to document information contained in reports submitted to the Director pursuant to this Section, the owner of each pollution control facility is required to retain or have readily available for inspection by the Division, the following items for a period of at least three years from report submission: (i) the original laboratory reports from any certified laboratory utilized for sample analysis. Such reports must be signed by the laboratory supervisor, and must indicate the date and time of sample collection and analysis, and the analysts'name; (ii) bench notes and data lops for sample analyses performed by the pollution control facility staff or operator in responsible charge, whether or not the facility has a certified lab; and (ifi) copies of all process control testing." North Carolina Division of Water Quality,Asheville Regional Office Location:2090 U.S.Hwy.70,Swannanoa,North Carolina 27107 Gne Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877.623-6748 NorthCarolina Internet:www.ncwaterquality.org Vlatuyra//ff An Equal Opportunity 1 Affirmative Action Employer �/y L L l[ Rick Swilling,Operator Show-Cause Page 2 of 2 It is suggested that you review using more 'physical' means (scrub brush and hose) to control algae and maintain housekeeping efforts for your facilities. Please be advised this office will continue to oversee ALL NPDES facilities and ORC's within the counties covered by the Asheville Regional Office to ensure compliance with ALL NPDES Permit conditions, and ALL applicable laws and regulations pertaining thereto, and each occurrence will be addressed swiftly and in accordance with the laws and regulations. As a result of submission of visitation data and corresponding data, and information regarding your use of chlorine tablets for algae control, no further actions are required at this time, and this issue will not be referred to the Chairman of the Water Pollution Control System Operators Certification Commission for disciplinary action. Should you have any questions concerning this matter, please contact Mr. Donald R. Price at 828/296-4500. Sincerely, Roger C. Edwards Regional Supervisor, Surface Water Protection Division of Water Quality xc: Jerry Rimmer, Technical Assistance & Certification Unit Supervisor ., Don Price, WWTP Consultant, ARO Gary Francies, NCLC, ARO Bob Barr, RPB Systems, Inc. �7%A MCDENR " North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary May 4, 2011 Timothy Barth Town of Maggie Valley 3987 Soco Rd Maggie Valley NC 28751 SUBJECT: Bioassay Compliance Inspection Maggie Valley WWTP Permit No: NCO056561 Haywood County Dear Mr. Barth: Enclosed please find a copy of the Bioassay Compliance Inspection conducted on April 12, 2011. The aquatic toxicity test using composite samples discharged from Maggie Valley WWTP resulted in a pass. The facility appeared to be in compliance with permit NC0056561. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Jeff enzel Environmental Specialist Enclosure cc: Michael Lee Mehaffey, ORC Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolina Phone:(828)296-4500\FAX:828 299-7043\Customer Service:1-877-623-6748 Internet:www.ncwaterguality.org S:\SWP\Haywood\Wastewater\Municipal\Maggie Valley WWTP 56561\56561 BCI 2011.c 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 NI 2 151 3I N00056561 111 .12I 11/04/12 117 181.1 191 cl 20u Remarks �J 211 I I I I I I I I I I I 1 I I I I I I I I I I 1 1 1 I I I I I I 1 11- 1 1 1 1 1 1 1 I I I 116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA ---------------Reserved— -- 67I 169 70 U 71 U 72 LI 73 LIJ 74 751 ' I 1 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) Maggie Valley WWTP 09:00 AM 11/04/12 06/06/01 u S Hwy 276 N Exit Time/Date Permit Expiration Date Maggie Valley NC 28751 11:00 AM 11/04/12 11/01/31 Name(s)of Onsite Representative(s)lfitles(s)/Phone and Fax Number(s) Other Facility Data Michael Lee Mehaffey/ORC/828-926-0866/ Name,Address of Responsible Official/Title/Phone and Fax Number Timothy Barth,3987 Soco Rd Maggie Valley NC 28751//828-926-0866/ Contacted yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Effluent/Receiving Waters Section D: Summary of Findin /Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO WQ//828-296-4500/ Signatur o a age nt 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 NCO056561 �11 12I 11/04/12 � 17 18U13 Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The aquatic toxicity test using composite samples of effluent discharged from Maggie Valley WWTP has been completed. Maggie Valley WWTP has an effluent discharge permitted that is 1.0 million gallons per day entering the Jonathans Creek(7Q10 of 23.0 CFS). Whole effluent samples were collected on April 12 and April 14 for use in a chronic Ceriodaphnia dubia pass-fail toxicity test. The test using these samples resulted in a PASS.Test information follows. Test Type 3-Brood Ceriodaphnia dubia chronic pass fail Test Concentrations 6.0% Test Result Pass Control Survival 100% Contrl Mean Reproduction 23.5 neonates Test Treatment Survival 100% Treatment Mean Reproduction 26.2 neonates Test results for the above samples indicate that the effluent would not be predicted to have water quality impacts on the receiving stream. These samples were split and sent to Environmental Testing Solutions. The chronic Ceriopaphnia dubia pass/fail toxicity test run by ETS also resulted in a pass. Page# 2 AW4 � " NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 4,2011 Cherokee County DWQ Project 20110383 US Business 19 (Valley River Avenue) Approval of 401 Water Quality Certification with Additional Conditions Mr.J. B.Setzer,P.E. Division 14 Engineer North Carolina Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Dear Mr. Setzer: You have our approval, in accordance with the conditions listed below,for the following impacts in an unnamed tributary to the Valley River for the purpose of making improvements along US Business 19 (Valley River Avenue)in the Town of Murphy in Cherokee County: Stream Impacts in the Hiwassee River Basin Site Permanent Fill Temporary Permanent Temporary Total Stream in Intermittent Impacts in Fill in Impacts in Stream Impacts Stream (linear Intermittent Perennial Perennial Impact Requiring ft) Stream Stream Stream (linear ft) Mitigation (linear ft) (linear ft linear ft) linear ft) Site 1 0 0 10 116 126 0 Total 0 1 0 10 116 1 126 1 0 Total Permanent Stream Impacts for Project: 10 lin.ft.Total Temporary Stream Impacts for Project: 116 linear ft. The project should be constructed in accordance with your application dated April 8, 2011 (received April 20, 2011), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3820, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application(unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre, or if total impacts to streams(now or in the future)exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h)(6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. URFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NofthCarolina Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 f yr Internet: www.ncwaterquality.org jdU � b An Equal Opportunity 1 Affirmative Action Employer Mr. J. B. Setzer, P.E. May 4, 2011 Page Two Condition(s)of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,they shall be removed and the natural grade restored upon completion of the project. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. The permittee shall use/Design Standards in Sensitive Watersheds/[15A NCAC 4B.0124(a)-(e)] in areas draining to trout waters. However, due to the size of the project,NCDOT shall not be required to meet 15A NCAC 413.0124(a) regarding the maximum amount of uncovered acres. Temporary cover(wheat,millet, or similar annual grain)or permanent herbaceous cover should be planted on all bare soil within 15 business days of ground disturbing activities, to provide erosion control. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in conjunction with appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control devices such as silt fence,temporary sediment ditches, basins,etc. Matting should be secured in place with staples, stakes, or wherever possible, live stakes of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid,which can impinge and entrap small animals. For establishment of temporary groundcover within riparian areas,hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer-and lime-free tank is allowable at the appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters is prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. 5. For projects impacting waters classified by the NC Environmental Management Commission as Trout(Tr),High Quality Waters(HQW), or Water Supply I or II(WS-I or WS-II) stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pretreating stormwater runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. zer,P.E. �l .ree Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing byNCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 7. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 8. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 9. The stream channel shall be excavated no deeper than the natural bed material of the stream,to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 10. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 1. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 12. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 13. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 14. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 15. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants,hydraulic fluids, or other toxic materials. 16. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval_ 17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 18. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 19. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 20. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 21. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 2. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. Mr.J.B. Setzer,P.E. May 4,2011 Page Four 23. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality., standards(including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 24. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 25. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 26. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service ' Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, Y—Coleen H. Sullins, Director Division of Water Quality cc: Lori Beckwith, USACE,Asheville Field Office Mark Davis,Division 14,DEO Ed Ingle,Roadside Environmental Dave McHenry,NCWRC Transportation Permitting Unit Asheville Regional Office 20110383(Setter)US Business 19(Valley River Avenue) NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen K Sullins Dee Freeman Governor Director Secretary May 4, 2011 Timothy Barth Town of Maggie Valley 3987 Soco Rd Maggie Valley NC 28751 SUBJECT: Compliance Sampling Inspection Maggie Valley WWTP Permit No: NCO056561 Haywood County Dear Mr. Barth: Enclosed please find a copy of the Compliance Sampling Inspection conducted on March 12, 2011. The facility was found to be in Compliance with permit NC0056561. No violations of permit requirements or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions,'',please call me at 828-296-4500. Sincerely, 0, Jeff Men 1 Environmental Specialist Enclosure cc: Michael Lee Mehaffey, ORC Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolina Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 Internet:www.ncwaterguality.org S:\SWP\Haywood\Wastewater\Municipal\Maggie Valley WWfP 56561\56561 CEI 2011.c antra y j--,. �� ,.__ ��`/' I United States Environmental Protection Agency Form Approved. EPA n Washington,D.C.20460 OMB No.2040-0057 GI�/`� Water Compliance Inspection Re ort 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 INI 2 151 31 NCO056561 I11 121 11/03/12 117 181�I 19L 20IU U Remarks J 2111111111111111111111111111111111 Jill II1111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA -----------------------Reserved--------------- --- 671 169 70I 5� 71 IU 72 I N 73) ' 174 751 1 1 1 I I I 180 —! Section B: Facility Data L 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 11/03/12 06/06/01 Maggie Valley WWTP U S Hwy 276 N Exit Time/Date Permit Expiration Date Maggie Valley NC 28751 11:30 AM 11/03/12 11/01/31 Name(s)of Onsite Representative(s)/ritles(s)/Phone and Fax Number(s) Other Facility Data Michael Lee Mehaffey/ORC/828-926-0866/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Timothy Barth,3987 Soco Rd Maggie Valley NC 28751//828-926-0866/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Flow Measurement Operations&Maintenance Records/Reports Self-Monitoring Program Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters Storm Water Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of In a tor(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO WQ//828-296-4500/ —5 311 / Signal u ranemen 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 3I NC0056561 I11 12) 11/03/12 I17 181_, Lfj Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The WWTP appears to be well maintained and operated. Samples taken during the inspection were all within permit limits. Results are as follows. TSS-7.3 mg/L BOD-5.3 Mg/L Fecal-non detect No violations of permit requirements or applicable regulations were observed during this inspection. Page# 2 Permit: NCO056561 owner-Facility: Maggie Valley WWTP Inspection Date: 03/12/2011 Inspection Type: Compliance Sampling Yes No NA NE Operations &Maintenance is the plant generally clean with acceptable housekeeping? ■ Q Does the facility analyze process control parameters,for ex:MLSS, MCRT,Settleable Solids,pH, DO,Sludge ■ ❑ Q ❑ Judge,and other that are applicable? Comment: The house keeping was found to be acceptable. Yes No NA NE Bar Screens Type of bar screen n_ a.Manual b.Mechanical ■ Are the bars adequately screening debris? 00011 ■ np Is the screen free of excessive debris? n Is disposal of screening incompliance? ■ 000 Is the unit in good condition? ■ 000 Comment: The water from the screenings is diverted back into the plant. Yes No NA NE Aeration Basins Mode of operation Diffused Type of aeration system Is the basin free of dead spots? ■ 0 0 Q Are surface aerators and mixers operational? 0 0 ■ 0 Are the diffusers operational? ■ 0 �l � Is the foam the proper color for the treatment process? ■ 0 0 0 Does the foam cover less than 25%of the basin's surface? ■ 0 0 Q Is the DO level acceptable? 0 Q ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) n ❑ Q ■ Comment: This is a newer air mod system. Yes No NA NE Disinfection-Gas Are cylinders secured adequately? 0 n n ❑ Are cylinders protected from direct sunlight? ■ Q 0 Q Is there adequate reserve supply of disinfectant? 11■ O 0 Is the level of chlorine residual acceptable? ■ 0 ❑ Q OOD Is the contact chamber free of growth,or sludge buildup? ■ Page# 3 Permit: NCO056561 Owner-Facility: Maggie Valley WWTP Inspection Date: 03/12/2011 Inspection Type: Compliance Sampling Disinfection-Gas Yes No NA NE Is there chlorine residual prior to de-chlorination? ■ ❑ ❑ ❑ Does the Stationary Source have more than 2500 Ibs of Chlorine(CAS No.7782-50-5)? ❑ ❑ ■ ❑ If yes,then is there a Risk Management Plan on site? ❑ ❑ ■ ❑ If yes,then what is the EPA twelve digit ID Number?(1000- - ) If yes,then when was the RMP last updated? Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ■ ❑ 0 ❑ Is sample collected below all treatment units? ■ ❑ ❑ ❑ Is proper volume collected? Is the tubing clean? ■ ❑ ❑ Q #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: Standby Power Yes No NA NE Is automatically activated standby power available? ■ ❑ ❑ ❑ Is the generator tested by interrupting primary power source? ■ ❑ ❑ ❑ Is the generator tested under load? ■ ❑ ❑ 0 Was generator tested&operational during the inspection? ❑ ■ ❑ ❑ Do the generator(s)have adequate capacity to operate the entire wastewater site? ■ ❑ ❑ ❑ Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ ❑ ❑ ❑ Is the generator fuel level monitored? ■ ❑ ❑ ❑ Comment: The generator is exercised once per week. Solids Handling Equipment Yes No NA NE Is the equipment operational? ■ ❑ ❑ [i Is the chemical feed equipment operational? ■ ❑ ❑ ❑ Is storage adequate? ■ ❑ ❑ ❑ Is the site free of high level of solids in filtrate from filter presses or vacuum filters? ■ ❑ ❑ ❑ Is the site free of sludge buildup on belts and/or rollers of filter press? ■ ❑ ❑ ❑ Is the site free of excessive moisture in belt filter press sludge cake? ■ ❑ ❑ ❑ Page# 4 Permit: NCO056561 Owner-Facility: Maggie Valley WWrP aspection Date: 03/12/2011 inspection Type: Compliance Sampling Yes No NA NE Solids Handling Equipment The facility has an approved sludge management plan? 0 Q Q Comment: Yes No NA NE Flow Measurement-Effluent #Is flow meter used for reporting? Q Q Is flow meter calibrated annually? 0 n Is the flow meter operational? 0 ❑ ❑ 0 (if units are separated)Does the chart recorder match the flow meter? E Q ❑ Q Comment: The flow meter was last calibrated on 2/01/2011. Page# 5 i� J� i NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary May 5, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 6550 Ms. Susan Glenn Blackberry Sewer P.O. Box 1770 Blowing Rock,North Carolina 28605 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO055611 Susan Glenn Blackberry Sewer System WWTP Case No. MV-2011-0022 Caldwell County Dear Ms. Glenn: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$455.00 ($388.00 civil penalty+ $67.00 enforcement costs) against Susan Glenn. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Susan Glenn for the month of October 2010. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NCO055611. The violations which occurred in October 2010 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Susan Glenn violated the terms, conditions or requirements of NPDES Permit NCO055611 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143- 215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Susan Glenn: NorthCarolina Nat"Idly 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 $50.00 For 2 of the 2 failures to properly monitor FLOW in violation of NPDES Permit No. NC0055611. $50.00 For 2 of the 2 failures to properly monitor TEMP-C in violation of NPDES Permit No. NCO055611. $75.00 For 1 of the 1 failures to properly monitor BOD in violation of NPDES Permit No. NCO055611. $78.00 For 1 of the 1 failures to properly monitor FECAL COLIFORM in violation of NPDES Permit No. NCO055611. $70.00 For 1 of the 1 failures to properly monitor NH3 in violation of NPDES Permit No. NCO055611. $65.00 For 1 of the 1 failures to properly monitor TSS in violation of NPDES Permit No. NCO055611. $388.00 TOTAL CIVIL PENALTY $67.00 Enforcement Costs $455.00 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 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 1 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/attachments Bob Guerra/DWQ Point Source Branch w/attachments Water Quality Lab & Operations/ORC w/attachments S;ISti't'.C::lcivei!`1',st�w ucri_ Ian irs;C3 s{I;I errs-fide�561 PIMV-201 1-002'.doc JUSTIFICATION FOR REMISSION REQUEST JWQ Case Number: MV-2011-0022 County: Caldwell Assessed Party: Susan Glenn/ Blackberry WWTP Permit No.: NC0055611 Amount Assessed: $455.00 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 CALDWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS SUSAN GLENN / BLACKBERRY WWTP ) PERMIT NO. NCO055611 ) FILE NO. MV-2011-0022 Having been assessed civil penalties totaling $455.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated May 5, 2011, 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 a o 0 0 0 0 0 0 0 m ;� m m m m 2 m z > 5 5 5 5 5 0 U U U U U U U U J 7 7 7 7 7 7 7 7 •� O N N N N N N d N LL U- LL LL LL LL LL LL Q Z O 0 WF O2 e W W 7 �Q J� Q U N 3 � R U LL u } _ E _ o z ��' E E E jWa a O U N N O O Q V F r O W Y Y z d N T a a)cc _ N N X XLij 7 ❑ m Z O O O O O O O O —W ZZ Q � Q Q O fD �- Z O❑ O O O O O O O O W ; Q U E r N A 2 d 3 a� � U H 0 0 c U 2 L) OU Z d d U M a m LL U. LL z H h F m O d m c c c c c J Q d m d 0) a) m U 0 W W W W W W W W LL J J LLa O O O O o O O F d o 0 0 0 0 0 0 0 D O N C CO O z � F 0 0 00 0 0 0 ++ o Lc) 00 CD0 0 0 0 0 0 0 O N N N N N N N N O FW O O O- O 00 O O O O U Z F= _ 0 +O' J o 0 0 0 0 0 0 0 n f, N N N N N (0 a Z d to 6% f» to U» to EO v) WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 5, 2011 Ms. Susan Glenn Blackberry Sewer P.O. Box 1770 Blowing Rock, North Carolina 28605 Subject: NOTICE OF VIOLATION NOV-2011-MV-0091 Permit No. NCO055611 Blackberry Sewer System WWTP Caldwell County Dear Ms. Glenn: A review of Blackberry Sewer System's WWTP monitoring report for November 2010 showed the following violations: Parameter Date Measuring Frequency Violation pH 11/06/2010 Weekly Failure to Monitor pH 11/13/2010 Weekly Failure to Monitor pH 11/20/2010 Weekly Failure to Monitor pH 11/27/2010 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 within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell 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 NorthCarolina S:1SWPtCafdwelllWastewaterlMinorstBlackberry Ridge 55611iNOV-2011-MV-0091.doc ,VatuCa!!y 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 /'_`; '�; ,_ �' i NCIDENR North Carolina Department of Environment and Natural Resources Division of Water Quality .;verly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 5, 2011 Mr. George Walker 2025 Stonebridge Lane Charlotte,NC 28211 Subject: 401 Water Quality Certification -Approval George Walker Lot 46 DWQ Project# 11-0198 McDowell County CTB30/Catawba River (Lake James)/ l l-(23)/WS-V; B Dear Mr. Walker: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. .Approval has been granted to place fill within or otherwise impact 0.06 acres of open waters for the purpose of ,horeline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to)Erosion and Sediment Control Water Supply Watershed and Catawba Buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters 0.06 (acres) Sketch 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 Ngtura!!ff An Equal Opportunity 1 Affirmative Action Employer i George Walker May 5,2011 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may resu_ criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or streai:, impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Chuck Cranford in the Asheville Regional Office at 828-296-4664. Sincerely, Coleen H. Sullins, Director CHSIcbc Eric: GC3693 Certificate of Completion cc: US Army Corps of Engineers Asheville Field Office WBSCP Unit Ronald Harmon-McDowell County Planning Carissa Parker- ecopy ARO File copy S:\SWP\McDowell\40lsWon-DOT\George Walker Lot 46\APRVL.5.4.1 Ldoc A4 51 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 5, 2011 Mr. Chase Harper,Vice President Nantahala Mountain Village Inc. 9400 Highway 19 W Bryson City, North Carolina 28713 Subject: NOTICE OF VIOLATION NOV-201 1-MV-0090 Permit No. NCO037737 Nantahala Village WWTP Swain County Dear Mr. Harper: A review of Nantahala Village's WWTP monitoring report for November 2010 showed the following violations: Parameter Date Measuring Frequency Violation Chlorine, Total Residual Week ending: 11/06/2010 Twice Weekly Failure to Monitor Chlorine, Total Residual Week ending: 11/13/2010 Twice Weekly Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked"Compliant"when in fact it should have been marked"Non-Compliant"with an explanation for the non-compliance. If the above parameter for Total Residual Chlorine was left off inadvertently,please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Additionally,your NPDES Permit,Part II,Section D.2 Reporting,requires that the DMR be signed and dated by the Operator in Responsible Charge. Please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions,please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files John Michael Awtrey/ORC One S:\SWP\Swain\Wastewater\Minors\Nantahala Village Resort 37737\NOV-201 1-MV-0090.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.ncwatergualitv.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 May 5, 2011 Mr. Ken Dykes 467 Denton Court Lake Mary, FL 32746 Subject: 401 Water Quality Certification -Approval Ken Dykes Lot 20 DWQ Project# 11-03 79 McDowell County CTB30/Catawba River (Lake James)/ l l-(23)/WS-V;B Dear Mr. Dykes: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 0.04 acres of open waters for the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to)Erosion and Sediment Control Water Supply Watershed and Catawba]Buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved (Units) I Plan Location or Reference Waters 0.04 (acres) Sketch 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 NOrthCc`irolina, Internet:www.ncwaterquality.org 'J\ ahula l An Equal Opportunity 1 Affirmative Action Employer �,/ Kl `j Ken Dykes May 5,2011 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result,- criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Chuck Cranford in the Asheville Regional Office at 828-296-4664. Sincerely, Coleen H. Sullins, Director CHSIcbc Enc: GC3693 Certificate of Completion cc: US Army Corps of Engineers Asheville Field Office WBSCP Unit Ronald Harmon-McDowell County Planning Carissa Parker- ecopy ARO File copy S:\SWP\McDowcll\401s\Non-DOT\KenDykes\APRVL.5.4.1 Ldoc 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 May 5, 2011 Brookside Village Association 630 Brookside Camp Road Hendersonville, North Carolina 28792 Subject: NOTICE OF VIOLATION NOV-2011-LV-0167 Permit No. NCO083313 Brookside Village WWTP Henderson County Dear Sir/Madam: A review of Brookside Village WWTP's monitoring report for January 2011 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Solids, Total Suspended - 01/19/2011 45 mg/l 49.2 mg/l Daily Maximum Concentration Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Janet Cantwell The Division of Water Quality may pursue enforcement 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 8281296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James & James Environmental/ORC S:\SWP\Henderson\WastewateflMinors',Brookside Viliage 83313\NOV-2011-LV-0167.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.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 May 6, 2011 Mr. Peter G. Watson, President Ledgestone Property Owners Association P.O. Box 21 Fairview, North Carolina 28730 Subject: NOTICE OF VIOLATION NOV-2011-LV-0166 Permit No. NCO087556 Ledgestone Subdivision WWTP Buncombe County Dear Mr. Watson: A review of Ledgestone Subdivision WWTP's monitoring report for December 2010 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Solids, Total Suspended - 12/02/2010 45 mg/I 48.9 mg/I Daily Maximum Concentration Exceeded 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 you should have any questions, please do not hesitate to contact Janet Cantwell at 8281296-4500. Sincerely, rc. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files - James & James Environmental/ORC s.iswplBuncombetwastewateiAMirnorsdLedgestone Subdivision 87556WOV-2011-LV-0166.doc NoithCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterauality.ora FAX (828)299-7043 1-877-623-6748 i / � '� r i �ws► 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 May 6, 2011 Keith E. Hoilman, Public Utilities Director Town of Newland PO Box 429 Newland, NC 28657 SUBJECT: Compliance Evaluation Inspection Town of Newland WWTP Permit No: NCO021857 Avery County Dear Mr. Hoilman: Enclosed please find a copy of the Compliance Evaluation Inspection report from the inspection conducted on April 29, 2011. The facility was found to be in compliance with permit NC0021857. 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, G � Wanda P. Frazier Environmental Specialist Enclosure cc: Jadd Brewer, ORC Central Files Asheville Files S:\SWP\Avery\Wastewater\Municipal\Newland 21857\CEI 4-29-11.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S. Highway 70,Swannanoa, NC 28778 NoAhCarolina Phone: 828-296-4500 Fax: 828-299-7043 Customer Service: 1-877-623-6748 Natlflml lly Internet:www.ncwaterguality.org -- --_ --- _- - _ __ �.� __ �_r i __ _. 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 FacType 1 I NI 2 15I 31 NCO021857 111 121 11/04/29 117 18I CI 19I SI 20I� Remarks 2111111111111111111111111111111111111111111IIIa 6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------Reserved---—--------------- 67I 1.o 169 701 31 71 I I 72I N I 73' I '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) 11:30 AM 11/04/29 09/09/01 Newland WWTP Cow Camp Rd Exit Time/Date Permit Expiration Date Newland NC 28657 01:00 PM 11/04/29 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 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 Numb r Date ti 1 j EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cons 3' NC0021857 I11 12I 11/04/29 I17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: COLLECTION SYSTEM (CS): WQCS00218- Class: CS-1 The collection system consists of 439 connections serving a population of 696, with - 10 miles of gravity sewer ranging from 6 to 12 inch diameter pipe. There is one duplex lift station (at Ingles)with telemetry and force main. The Town completed a 10,000 linear feet sewer rehabilitation project in 2005. The headworks pump station is located on Tweetsie Road, includes a comminutor, emergency bypass manually cleaned coarse bar screen, three single speed pumps and — 3000 linear feet of 10-inch force main to the WWTP. WASTEWATER TREATMENT PLANT(WWTP): WWTP Class: 11 at 0.032 MGD and III at 0.600 MGD * Monitoring for BOD, TSS, NH3, &fecal coliform was reduced from 3x/wk to weekly until the flows reach 80% of 0.320 MGD or 0.256 MGD. The WWTP consists of a 0.600 MGD WWTP with the following components: flow distribution box; influent flow meter and refrigerated composite sampler; dual —370,000 gal oxidation ditches (40 ft x 125 ft x 12 ft SWD each)with four 42-inch rotary aerators; dual 42 ft inside dia (19 feet tall)secondary clarifiers with drive mechanism; RAS pump station with dual submersible 677 gpm (10 HP) pumps with dual high water alarms; dual circular55 ft dia x 11 ft SWD 510,000 gal (20 ft x 40 ft x 16 ft tall each) aerobic digestors (converted from old modular treatment units); supernatant pump station with dual 200 gpm (3 HP) submersible pumps; Trojan UV 3000E ultraviolet disinfection system with 1 channel, 1 bank, 7 modules per bank, 8 lamps per module = 56 total bulbs; 6-inch Parshall flume effluent channel with Milltronics HydroRanger 200 ultrasonic flow measuring and totalizing equipment with circular chart recorder; ISCO 3700 refrigerated composite sampler; and (new)400 KW diesel Cummins Onan emergency generator with automatic transfer switch, which self-tests under load 1 x/wk and (old) Generac 125 KW diesel generator; (old portable Army surplus diesel generator needs a starter module, not in service). PERMIT/INSPECTION /LOG: The permit expired on 2-28-2011. DWQ received your permit renewal request on 8-26-2010. A draft permit was sent to you on 4-13-2011 for your review. Please continue to operate under your expired permit, until you receive a new permit. Page# 2 I J - Permit: NCO021857 Owner-Facility: Newland WWTP ,pection Date: 04/29/2011 Inspection Type: Compliance Evaluation A review of the files indicates that the last compliance evaluation inspection was conducted on 3-10-2010 by Keith Haynes. 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 oxidation ditch process control data was as follows: Temperature = 14 degrees Celsius pH = 6.82 units Dissolved Oxygen = 6.3 mg/I Note: The DO level was higher than optimum, however, only one ditch is in operation and the rotor was raised to the highest possible level. The high DO does not appear to have a negative impact on settling, as the floc appeared stable. Settleable Solids= 500 ml/I = 50 % CLARIFIER: It is recommended that either a couple of v-notches be cut or a couple of small holes be drilled in the clarifier surface skimmer scum trough wall, to provide a small amount of continuous surface flow into the scum trough and removal of any surface scum. EFFLUENT: The effluent data was as follows: Dissolved Oxygen = 8.0 mg/1 pH = 6.9 units Temperature= 15 degrees Celsius FLOW MEASUREMENT: The effluent Milltronicsis cal'brated annually by B.ultrasonic Walter Allen Cog(704 366 and totalizing 0031)equipment with circular chart recorder SLUDGE MANAGEMENT: Excess solids are decanted and hauled to the Town of Boone's WWTP. There are 10 sludge drying beds (20 ft x 15 ft)that contain dried sludge. There are plans to place a 40 cu yd dumpster at the WWTP so that the dried sludge may be commercially hauled(by E. Page# 3 Permit: NCO021857 Owner-Facility: Newland WWTP Inspection Date: 04/29/2011 Inspection Type: Compliance Evaluation Luke Greene, Inc.) to the Iris Glen landfill in Johnson City, TN for final disposal OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY: Mr. Jadd Brewer, ORC, assisted in the inspection and appears to be operating and maintaining the facility very well. The effluent was clear and appeared to be in compliance with permit limits. There were no permit limit violations during the 2010 calendar year. OPERATOR INFORMATION: ORC contractor: Water Quality Lab & Operations, Inc. WWTP ORC: Jadd W. Brewer-Cert. # 10206 -WW III; Cert. # 14733- LA; & Cert. # 15584 - SI WWTP back-up ORCs: Larry E. Townsend - Cert. # 11841 -WW III Denver L. Eggers- Cert. # 10541 -WW II Paul E. Isenhour- Cert. # 13154-WW IV; Cert. # 14706 - CS-III; & Cert.# 13567- LA Jerry R. Alexander- Cert. #989701 -WW IV Coll. Sys ORC: Keith E. Hoilman - Cert.. #995298 - CS-1 SYSTEM PERFORMANCE ANNUAL REPORT (SPAR): The 2010 System Performance Annual Report was received by the Division on 3-9-2011. Page# 4 Permit: NCO021857 owner-Facility: Newland WWTP .spection Date: 04/29/2011 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? nn ■ n Is the facility as described in the permit? n ■ n n #Are there any special conditions for the permit? ■ nnn ■ Is access to the plant site restricted to the general public? nnn ■ nnn Is the inspector granted access to all areas for inspection? Comment: The new draft permit description needs to be changed to reflect the new oxidation ditch WWTP components. Yes No NA NE Operations&Maintenance Is the plant generally clean with acceptable housekeeping? ■ nnn Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ 0 n n Judge,and other that are applicable? Comment: Yes No NA NE Oxidation Ditches ■ nnn Are the aerators operational? ■ . Are the aerators free of excessive solids build up? nnn ■ nnn #Is the foam the proper color for the treatment process? ■ nnn Does the foam cover less than 25%of the basin's surface? ■ nnn Is the DO level acceptable? Are settleometer results acceptable(>30 minutes)? nn ■ n ■ nnn Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ nnn Are settelometer results acceptable?(400 to 800 ml/I in 30 minutes) Comment: Yes No NA NE Secondary Clarifier nnn Is the clarifier free of black and odorous wastewater? ■ Is the site free of excessive buildup of solids in center well of circular clarifier? ■ nnn ■ nnn Are weirs level? Is the site free of weir blockage? ■ nnn ■ nnn Is the site free of evidence of short-circuiting? ■ nnn Is scum removal adequate? ■ nnn Is the site free of excessive floating sludge? ,. ■ nnn Is the drive unit operational? Page# 5 Permit: NC0021857 Owner-Facility: Newland VWWTP Inspection Date: 04/29/2011 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the return rate acceptable(low turbulence)? ■ 0 Is the overflow clear of excessive solids/pin floc? w D ❑ n Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ■ C1 0 0 Comment: Disinfection -UV Yes No NA NE Are extra UV bulbs available on site? M 0 n n Are UV bulbs clean? ® n 0 0 Is UV intensity adequate? ® ❑ 0 Is transmittance at or above designed level? ® n Is there a backup system on site? ❑ ® n 0 Is effluent clear and free of solids? ® fl 0 El Comment: If the UV system fails, the back-up disinfection method is to place chlorine tablets in the clarifier weir troughs and stack dechlorination tablets in feed tubes and place the tubes in the UV disinfection dosing trough. Page# 6 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen K Sullins Dee Freeman Governor Director Secretary May 9, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 6567 Mr. James J. Schenker, Environmental Associate T A Operating LLC 24601 Center Ridge Road Westlake, Ohio 44145-5634 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 NCO085952 T A Operating LLC Candler Travel Center WWTP Case No. LV-2011-0114 Buncombe County Dear Mr. Schenker: Beginning with January 2010 and ending with November 2010, your DMRs have indicated both daily and monthly permit limit violations for six of those eleven months. Please be aware that chronic non-compliance will increase Division penalty assessments and may result in additional actions by the EPA. Please provide an explanation in writing to this office for what appears to be a "trend" in non-compliance within 30 days of receipt of this Notice of Violation and Assessment of Civil Penalty. Sincerely, Roger-Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office Cc: DWQ Asheville Files DWQ Central Files Bob Guerra/ DWQ Point Source Branch James & James Environmental/ORC S:tsWPlBuncornbelWastewaterlMinorslCandier Travel Center 859521CoverLetter-CandlerTravel--LV-2011-0114.doc W�orthCarolina 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.ora ej%k FAX (828)299-7043 1-877-623-6748 rCDEhlR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary May 9, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. James J. Schenker, Environmental Associate T A Operating LLC 24601 Center Ridge Road Westlake, Ohio 44145-5634 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 NCO085952 T A Operating LLC Candler Travel Center WWTP Case No. LV-2011-0114 Buncombe County Dear Mr. Schenker: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$629.50 ($562.50 civil penalty+ $67.00 enforcement costs) against T A Operating LLC. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by T A Operating LLC for the month of November 2010. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0085952. The violations which occurred in November 2010 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that T A Operating LLC violated the terms, conditions or requirements of NPDES Permit NCO085952 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 T A Operating LLC: None rthCarolina �atura!!r� 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 - 2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0085952,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. 143-215.1(a)(6) and NPDES Permit No. $312.50 NC0085952, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for BOD - Cone. $562.50 TOTAL CIVIL PENALTY $67.00 Enforcement Costs $629.50 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 143B-282.I(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: i 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, !ogXr . 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 Point Source Branch w/attachments James & James Environmental/ORC w/ attachments :\Sly+l'1d3unccmibe\Wa tcwater\v{mursiCandlei Tiavel Center 85952\1--011-011 4-doc i JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2011-0114 County: Buncombe Assessed Party: TA Travel/ Candler Travel Center Permit No. : NC0085952 Amount Assessed: $629.50 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 l 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: OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES jUNTY OF BUNCOMBE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS TA TRAVEL/ CANDLER TRAVEL CENTER ) PERMIT NO. NCO085952 ) FILE NO. LV-2011-0114 Having been assessed civil penalties totaling$629.50 for violation(s) as set forth in the assessment document of the Division of Water Quality dated May 9,2011, 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 W (D w Q) x U x W LLI W O > j rn G7 E E X � > > O '2 T Z > T T L_ Q ❑ ❑ C Z _0 W~ O co 0 > O.1 N w U� e W F-W 55 N :1 N 01 UQ J> Q U (D � F- E O J U G 7 m W U. F}- O ZW E E E 0 U d' r r O Q J r >- F- J r Z Z N W W C 7 T > > I�Q J W d a°)i 0) (Zj a CL Q W Z O o o a W 0) ao Cl) J W O❑ Q > U L G U L W o ~ w 0 0 0 L' g U U U d QQ C K ❑ ❑ ❑ U a m m m z 0 U UO w w w LL J J I.-IL o 0 0 O N O O w C Oa N N N O O W Z ZOw r F- O 0 0 0 � = J o o uD LLIIL E Z N N N J a i NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary May 10, 2011 Dennis Dorn, President Westside Village Properties, LLC 530 5th Avenue E Hendersonville, NC 28792 Subject: Permit No. WQ0035340 Westside Village Properties, LLC Westside Village Wastewater Collection System Extension Henderson County Dear M. Dorn: In accordance with your application received April 18, 2011, we are forwarding herewith Permit No. WQ0035340, dated May 5, 2011, to Westside Village Properties, LLC (Dennis Dorn,President)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. Please send Keith Haynes or Don Price a copy of your`Notice to Proceed issued to your contractor, prior to beginning construction. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permitteds 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. NorthCarolina Naturally 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.ncwaterguaILty_.org Westside Village Properties, LLC May 5, 2011 F, 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 Westside Village Properties, LLC for the construction and operation of a 90—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 100 linear feet of 2-inch force main to serve a shopping center with office and retail space, as part of the Westside Village project, and the discharge of 1,425 gallons per day of collected domestic wastewater into the City of Hendersonville's existing sewerage system, pursuant to the application received April 18, 2011 and in conformity with 15A NCAC 2H .0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the City of Hendersonville's Wastewater Treatment Facility (Permit No. NC0025534) prior to being discharged into the receiving stream. This permit shall become voidable unless the agreement between Westside Village Properties, LLC and Henderson County Utilities Department, Cane Creek Sewer District and the City of Hendersonville for the collection and final treatment of wastewater is in full force and effect. 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 Keith Haynes or Don Price at (828) 296-4500. Sincerely, INC,t 4,_-7 4- FV a for Coleen H. Sullins, Director Division of Water Quality cc: Henderson County Building Department Asheville Regional Office, Surface Water Protection (WWTF Permit No. NC0025534) Gerald Haskins, P.E./Gerald Haskins City of Hendersonville, Utilities Department Henderson County Utilities Department, Cane Creek Sewer District Water Quality Central Files PERCS Files SASWRHenderson\Collection SvstemsWenderson County Utilities-Cane Creek Sewer District1W00035340 westside village 054 05 2011 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 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2H .0227. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H .0227: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. 1 PERMIT NO.WQ_0035340,Westside Village Properties l-C Westside Village Project Henderson County May 5 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection". facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. 'Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 NO WQ0035340 Westside Village Properties LLC Westside Village Proiect Henderson County May 5,2011 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 5th day of May, 2011 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for 104en H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0035340 3 y i PERMIT N0,WQ0035340 Westside Village Properties LLC Westside Village Project Henderson County May 5 ENGINEERING CERTIFICATION -- POST CONSTRUCTION System Description: permission is hereby granted to the Westside Village Properties, LLC for the construction and operation of a 90— 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 100 linear feet of 2-inch force main to serve a shopping center with office and retail space, as part of the Westside Village project, and the discharge of 1,425 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 %- F as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑weekly, ❑ full time) the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: :......................................................................................... ......... SEND THIS FORM&SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 L_ 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. �+r 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 May 10, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 6574 Mr. Jerry Sisk Coats American Inc. P.O. Box 368 Marion, Norht Carolina 28752 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 NC0004243 Coats American Inc. Sevier Plant WWTP Case No. LV-2011-0117 McDowell County Dear Mr. Sisk: Beginning with February 2010 and ending with November 2010, your DMRs have indicated both daily /weekly and monthly permit limit violations for four of those ten months. Please be aware that chronic non-compliance will increase Division penalty assessments and may result in additional actions by the EPA. Please provide an explanation in writing to this office for what appears to be a "trend" in non-compliance within 30 days of receipt of this Notice of Violation and Assessment of Civil Penalty. Sincerely, Rogere C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office Cc: DWQ Asheville Files DWQ Central Files Bob Guerra/ DWQ Point Source Branch CADocuments and Settinrgs\jacantwell\DcsktoplCoverLetter I._V-2011-0177 Coats.doc NoAhCarolina Naturally North Carolina Division of Water QuI 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterauality.ora FAX (828)299-7043 1-877-623-6748 i ,., `J ,_ �`i; � _ _ __ &14 th NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary May 10, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Jerry Sisk Coats American Inc. P.O. Box 368 Marion,Norht Carolina 28752 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 NC0004243 Coats American Inc. Sevier Plant WWTP Case No. LV-2011-0117 McDowell County Dear Mr. Sisk: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,267.00 ($1,200.00 civil penalty+ $67.00 enforcement costs) against Coats American Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Coats American Inc. for the month of November 2010. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0004243. The violations which occurred in November 2010 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Coats American Inc. violated the terms, conditions or requirements of NPDES Permit NC0004243 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 Coats American Inc.: None rthCarohna Naturallff 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.orq 0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $.00 NC0004243, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for TSS -Oty Daily 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $500.00 NC0004243, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for BOD _ Oty Daily. 7of the 8 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $700.00 NC0004243, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for BOD - Qty Daily. $1,200.00 TOTAL CIVIL PENALTY $67.00 Enforcement Costs $1,267.00 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- 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 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, 72 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 Point Source Branch w/attachments S:'.SWP'`' icDt)welltSk"tistewater\lndustriallt obis 04243q V?G11-0177Aoe i JUSTIFICATION FOR REMISSION REQUEST .jWQ Case Number: LV-2011-0117 County: McDowell Assessed Party: Coats American Inc. Permit No.: NC0004243 Amount Assessed: $1,267.00 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. § 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 ENVIRONMEi AND NATURAL RESOURCES COUNTY OF MCDOWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND COATS AMERICAN INC. STIPULATION OF FACTS ) PERMIT NO. NC0004243 ) FILE NO. LV-2011-0117 Having been assessed civil penalties totaling $1,267.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated May 10, 2011, 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 520 SIGNATURE ADDRESS TELEPHONE a) Q) v d) a) a 0 W d aa)i m aa) d d N aa) m d X X X X X X� UXX % W M- W. W W W W W W W Z 'a a) O � = > > = = � � m m y Q E E E E E E E E a) > O i > T T T Tz, > W Q z O W W i- N bn Q� n o o Co Loi, No O J 0� � � a0 N M 0 0 W F W 0 U) O aD r N W M V �— =J W N M N Mr N .�- Uj J a U M M m CD roi co r0i roi 00 O J O U ul j pW m m m m V=1 o a o 'a o o v o -o -o z Za 0 n 9 a a a a n O U ti Q = T z W Y y Y Y Y Y Y Y Y Y Z m (D U W 'C > O 3 3 3 3 3 3 3 3 3 3 m J x x x x x x x x x x QIL m Cl) co M M co M co M QO O CD O O O O O O i+ W Q O Z JQ O O O Uw _O� r r r r r r r 7 Q U T T T T T T T T T W c O O O O 0 O O O a o. LU 0 0 cr 0 CY c a � cis a 0 0 0 0 0 0 0 0 0 0 IL m m m m m m m m m t- C C C C C C C C C C 7 7 -3) U E VE E V V O W W tL W W W W W W W U. J J as o 0 0 0 0 0 0 0 0 0 Fo. 0 0 0 0 0 0 0 o O 0 D O M It 0 ZI- o 0 0 0 0 0 0 0 0 o O C 00 t.a N N N N N N N N N N UO Z� r r r r r r r r Z 10 / O O O O O O O O w O O W � Q O O O O O O O O O O a. Z o O o 0 0 o a y3 y; J w v3 in v� i�r » rfr Fs cs `t. __.._... i 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 May 10, 2011 Mr. Edwin E. Morrow M-B Industries Inc. P.O. Box 1118 Rosman, North Carolina 28772 Subject: NOTICE OF VIOLATION NOV-2011-LM-0020 Permit No. NC0000311 M-B Industries WWTP Transylvania County Dear Mr. Morrow: A review of M-B Industries WWTP's monitoring report for November 2010 showed the following violations: Parameter Date Limit Value Reported Value Limit Type pH 11/17/2010 9 su 9.4 su Daily Maximum Exceeded Parameter Date Measuring Frequency Violation Zinc, Total (as Zn) 11/30/2010 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. If the above parameter of Zinc was left off inadvertently,please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions,please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger . Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files S:\SWP\Transylvania\Wastewater\lndustrial\M-B industries 00311\NOV-2011-LM-0020,doc tehCarolina NNturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 FA e(828j299 7043 ,877-62 6748500 customer e Internet: www.ncwaterguality.org RMENR North Carolina Department of Environment and Natural Resources Division of Water Quality ,derly Eaves Perdue Coleen H. Sullins Dee Freeman Qovernor Director Secretary May 10, 2011 John T. and Julie M. Fox 1097 Cold Mountain Road Lake Toxaway,North Carolina 28747 Subject: 401 Water Quality Certification -Approval Fox Dock Replacement and Seawall Repair DWQ Project# 10-1062 Ver. 2 Transylvania County SAV02 /Toxaway River (Lake Toxaway)/4-(1)/Class B, Tr Dear Mr. and Mrs. Fox: The Division of Water Quality has completed the review of your amended 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact waters for the purpose of boat access and boat house repair at the subject property. This approval requires you to follow the conditions listed in the ,ttached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3687. This Certification allows you to use Nationwide Permit 3 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to) Erosion and Sediment Control and Trout Buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Dock Replacement and 0.02 (acres) Application Item Ol Seawall Repair—natural rock 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 NorthCarollna Internet:www.ncwaterquality.org aturallty An Equal Opportunity 1 Affirmative Action Employer John T.and Julie M.Fox May 10,2011 Page 2 of 2 Additional Conditions • Your seawall shall be constructed as a"dry stack"natural stone walla No "live" concrete shall com6. direct contact with any surface waters. • A turbidity curtain or other barrier shall be in place lake ward of any work performed in the wetted area. • A rip-rap apron shall be placed in front of all constructed seawalls, at a 2:1 slope extending water ward to provide wildlife habitat. Please reference attached diagram. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at 828-296-4657. Sincerely, Coleen H. Sullins, Director CHSIkhb Enc: GC3687 Certificate of Completion Dry Stack Boulder Wall Design Guidelines cc: USACE Asheville Regulatory Field Office 401 Permitting Unit—Central Office David McHenry—NC Wildlife Resources Commission File Copy \\AR0129FS001\Divisions\SWP\Transylvania\401 s\Non-DOT\Fox.Toxaway\Fox.Appvl.05-10-11.V2.doc w i NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality ,aerly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary May 10, 2011 Mike Haley 1031 Summit Avenue Greensboro,NC 27405 Subject: 401 Water Quality Certification -Approval Cranberry Crk Restoration/Enhancement DWQ Project# 20110298 Avery County WAT/Cranberry/ 8-22-16/C;Tr Dear Mr. Haley: 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 1045 feet of stream with nine instream structures and four streambank structures for the purpose of restoration and enhancement at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3689. This Certification allows you to use Nationwide Permit 27 when issued by the US Army Corps of Engineers (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, Sediment Control and Trout Buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-29645001 FAX:828-299-7043\Customer Service:1-877-623-6748 NorthCarolina Internet:www.ncwaterquality.org .IVaturally An Equal Opportunity 1 Affirmative Action Employer Mike Haley May 10,2011 Page 2 of 3 Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Stream 1045 (feet) 9 instream structures per plan 4 streambank structures per Plan Additional Conditions l. Temporary Access Corridor(s) The proposed access corridors must be the minimum width required to get the construction equipment to the stream and shall not exceed 30 feet in width. The number of access corridors should be limited to the minimum number required to get the construction equipment to the stream (many times only a single corridor is required) and shall not exceed 6 corridors for structures noted on Plan sheets C3 and C4. The access corridors should cross the buffer as close to perpendicular as practicable and disturbance to existing vegetation should be minimized. Work in the area of Plan sheet C2 shall be performed with as minimal disturbance as practicable. Construction equipment shall avoid wetland features if any are encountered in the field. i Li 2. Buffer Replanting Replanting of vegetation is required. Disturbed areas must be replanted with forest vegetation including at least two different native hardwood tree species at a density sufficient to provide 320 trees per acre at maturity. This density can usually be achieved by planting approximately 436 (10 x 10 spacing)to 681 (8 x 8 spacing)trees per acre. Note, if the tree plantings do not survive,they will need to be replaced such that the density is sufficient to provide 320 trees per acre at maturity. Shrub placement between trees should be sufficient to achieve 1200 shrubs per acre. 3. Turbidity Standard The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B. .0200. Appropriate flow diversion and/or erosion control practices must be used to meet this standard. Such practices will need to be managed daily and/or according to weather conditions to avoid standard violations. 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_i 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. "his 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 CHSllsw :nc: OC3689 Certificate of Completion cc: USACE Asheville Regulatory Field Office 401 Permitting Unit—Central Office File Copy DLR-Grey Hauser(e-copy) Blue Ridge Environmental Consultants-Derek Goddard 1305 South Collegiate Drive Wilkesboro,NC 28697 S:\SWP\Avery\401s\Non-DOT\cranberry creek\Approval.CranberryCrk.May2011.doc � ,. �� ,1 �__�; _. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Colleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary May 10, 2011 Mr. Jason Conner Grove Stone and Sand P.O. Box 425 Swannanoa,NC 28778 Subject: Notice of Violation B V Hedrick Sand & Gravel Co.—Green River Quarry NOV-2011 PC-0026 Incident Closure Henderson County Dear Mr. Conner: The Division of Water Quality(DWQ)has received the Sediment Removal Final Report for B V Hedrick[impacts to UT to UT#3 at Kings Mountain Camp, from the Green River Quarry] from Altamont Environmental, Inc., related to the Notice of Violation NOV-2011-PC-0026. DWQ has reviewed the information provided and conducted a follow-up site visit on April 18, 2011 (along with Tim Fox, Henderson County Erosion Control). The written response and the results observed at the site have satisfactorily resolved the violations noted in the subject Notice of Violation and Recommendation for Enforcement. It was noted that sediment had been removed along the 1060 linear feet of stream and the small dam had also been removed. A buffer had been planted along the area that was disturbed to access the dam. This letter in no way precludes this Office for taking action on this or any other violation. Violations are subject to civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact me at(828) 296- 4500. Since usan A. Wilson,P.E. Environmental Engineer Surface Water Protection Section cc: Anna P. Saylor, WPIT, Altamont Environmental, Inc. Shawna Riddle, DLR/ARO Katie Merritt, WBSCPU ARO File Copy S:\SWP\Henderson\Stormwater\NCG02 Mining\Hedrick\NOV Closure Hedrick.5 2011.doc SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Not l.liCarolina Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org N�turallff An Equal Opportunity\Affirmative Action Employer y 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 May 10, 2011 Mr. Haytham Kasem LSAA, Inc. dba Sam's Mart 7935 Council Place Suite 200 Matthews, North Carolina 28105-5000 Subject: . NOTICE OF VIOLATION NOV-2011-LV-0170 Permit No. NCO044199 Sam's Mart#45 WWTP Haywood County Dear Mr. Kasem: A review of Sam's Mart#45's WWTP monitoring report for January 2011 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Solids, Total Suspended - 01/13/2011 45 mg/I 47.9 mg/I Daily Maximum Concentration Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted: 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 8281296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James & James Environmental/ORC 5:,5WP1Haywood\tniastewaterlMinorslSam's Mail#45(Citgo)441991N0V-2011-t.V-0170Aoc 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.ncwaterauality.orn FAX (828)299-7043 1-877-623-6748 �i� __ _. 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 May 10, 2011 Dr.Jeff Church, Assistant Superintendent for Auxiliary Services Caldwell County Schools 1914 Hickory Boulevard Lenoir, North Carolina 28645 Subject: NOTICE OF VIOLATION NOV-2011-LV-0171 Permit No. NCO041190 Kings Creek Elementary School WWTP Caldwell County Dear Dr. Church: A review of Kings Creek Elementary School's WWTP monitoring report for February 2011 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 02/02/2011 400#/100ml 530#/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 828/296-4600. Sincerely, let Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files Water Tech Labs/ ORC Noe Carolina S:\SWP\Caldwell\Wastewater\Minors\Kings Creek Elementary School 4l l90\NOV-2011-LV-0171.doc whCaroIvatural in North Carolina Division of water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 ho e(828)299-7043 1 500 customer 6748e Internet: www.ncwateLqua ity.org FAX i .,\ i\``ji �_� it +ti►+✓ IN MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 10, 2011 Mr. Garvin Trinks McDowell County Schools 709 Sugar Hill Road Marion, North Carolina 28752 Subject: NOTICE OF VIOLATION NOV-2011-LV-01 72 Permit No. NCO067148 Nebo Elementary School WWTP McDowell County Dear Mr. Trinks: A review of Nebo Elementary School WWTP's monitoring report for February 2011 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Nitrogen, Ammonia Total 02/15/2011 35 mg/l 38.7 mg/I Daily Maximum (as N) - Concentration Exceeded Nitrogen, Ammonia Total 02/28/2011 29 mg/l 34.25 mg/I Monthly Average (as N) - Concentration Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of. 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 8281296-4600. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James & James Environmental/ORC NorthCarolina S:\SWP\McDoweil\Wastewater\minors\Nebo School 67148\NOV-2011-LV-0172.doc Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.newaterguality.org FAX (828)299-7043 1-877-623-6748 i NCQENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 10, 2011 Mrs. Bertha S. Burnette 41 Dix Creek Road #1 Leicester, North Carolina 28748 Subject: NOTICE OF VIOLATION NOV-2011-MV-0092 Permit No. NCO029882 Briarwood WWTP Buncombe County Dear Mrs. Burnette: A review of Briarwood WWTP's monitoring report for January 2011 showed the following violation: Parameter Date Measuring Frequency Violation Flow, in conduit or thru Week ending: Weekly Failure to Monitor treatment plant 01/01/2011 It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above parameter was left off inadvertently,please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Additionally, when the Operator or Back-Up Operator is unable to visit the facility for your "permit- required five times per week" visits, it should be explained on the DMR or a separate page. This is in reference to January 10 & 11, 2011. Please remember to use this protocol in the future. 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 James & James Environmental/ORC N�orthCarotin� S:1SWPlBuncombelWastewaterlMinorslBriarwood Subdivision 29882WOV-2011-MV-0092.dac Natmrally North Carolina Division of water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 ho e(828)299-450 1 stome Service Internet: www.ncwatergualitv.orct WMENR North Carolina Department of Environment and Natural Resources Division of Water Quality .verly Eaves Perdue Coleen H. Sullins Dee Freeman vovernor Director Secretary May 10, 2011 David Day, P.E. Scenic View Terrace, LLC 6 Roberts Road Asheville,North Carolina 28803 Subject: 401 Water Quality Certification -Approval Scenic View Terrace DWQ Project# 2008-0386 Ver, 3 Buncombe County French Broad/UT to Lee Creek/6-83 /Class C Dear Mr. Day: 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 270 feet of streams for the purpose of site .levelopment 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 3821. 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 Stormwater 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 270 (linear feet) S 1 Stream 130 (linear acres) S2—culvert removal Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-29645001 FAX:828-299-7043 t Customer Service:1-877-623-6748 NorthCarolina Internet:www.ncwaterquality.org Va t ra ly An Equal Opportunity 1 Affirmative Action Employer lYl6 l �/ Scenic View Terrace May 10,2011 Page 2 of 2 Additional Conditions: 1. You must notify this office (via telephone) 72 hours prior to beginning construction at this situ. 2. Within 30 days of completion, you shall submit signed and sealed as-built plans for the finished proj ect. 3. You must take any and all reasonable measures to prevent the discharge of turbid waters to Lee Creek. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at 828-296-4657. Sincerely, Coleen H. Sullins, Director CHSIkhb Eric: GC3821 Certificate of Completion cc: Scott Jones, USACE Asheville Regulatory Field Office David McHenry,NC Wildlife Resources Commission 401 Permitting Unit—Central Office File Copy S:\S WP\Buncombe\401 s\Non-DOT\ScenicViewTerrace\ScenicV iewTerrace.20080386v3.approval.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality ,verly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 11, 2011 Vulcan Construction Materials-John Peck PO Box 1796 Lenoir NC 28645 SUBJECT: NPDES Stormwater Permit Compliance Inspection Vulcan Construction Materials - Lenoir Quarry Permit No: NCG020026 Caldwell County Dear Mr. Peck: This letter and report are in follow-up to the Stormwater Permit Compliance Inspection conducted on April 14, 2011. It is also in response to a Representative Outfall Status request. Representative Outfall Status is not granted at this time. Stormwater Discharge Outfall SDO146- 003 is not considered representative of SDO 146-005. At the time of the inspection SDO 146-005 was discharging. Also,the drainage areas need to be reevaluated; it appears that SDO 146-003 does not receive a similar constitution of wastewater as SDO 146-005. Please review the enclosed copy of the Compliance Inspection Report, which contains actions needed and additional observations. The Required Action responses can be mailed or faxed to my attention at the locations in the footer or emailed to the address below. Please contact me at(828) 296-4500 or linda.wiggsgncdenngov, if I can be of any further assistance. Sincerely, Linda Wiggs Environmental Specialist Surface Water Protection Enclosure cc: Central Files Asheville Files Vulcan Construction Materials-Tim Knopf PO Box 4239 Winston Salem NC 27115-4239 S:\SWP\Caldwell\Stormwater\NCG02 Mining\Vulcan-Lenoir\CEI.vulcan.april201 l.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 NOrthCarohna Internet:www.ncwaterquality.org Naturally An Equal Opportunity\Affirmative Action Employer �- �;i �__ �, Compliance Inspection Report armit: NCG020026 Effective: 01/01/10 Expiration: 12/31/14 Owner: Vulcan Construction Materials LP SOC: Effective: Expiration: Facility: Vulcan Construction Materials-Lenoir Quarry County: Caldwell 2008 Wilkesboro Blvd SE Region: Asheville Lenoir NC 28645 Contact Person: John Peek Title: Phone:828-754-5348 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 04/14/2011 Entry Time: 01:30 PM Exit Time: 04:00 PM Primary Inspector: Linda S Wiggs Phone:828-296-4500 Ext.4653 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type:Compliance Evaluation Permit Inspection Type: Mining Activities Stormwater Discharge COC Facility Status: ■Compliant Not Compliant Question Areas: Storm Water (See attachment summary) Page: 1 Permit: NCG020026 Owner-Facility:Vulcan Construction Materials LP Inspection Date: 04/14/2011 Inspection Type:Compliance Evaluation Reason for Visit:Routine Inspection Summary: The Inspection focused mainly on the quarry Stormwater/Wastewater Discharge Outfall (SDO) locations and their potential impacts to receiving streams.Vulcan requested Representative Outfall Status(ROS)for SDO 146-005; requesting SDO 146-003 represents SDO 146-005. Required Action: ROS is not granted, at the time of the inspection SDO 146-003 was not representative of SDO 146-005. The Outfall Location Map(Marshall Miller Assoc. 5/27/2010)with the drainage areas depicted does not appear to be accurate. The SDO locations are not a concern; however the drainage areas need groundtruthing, especially outfall 146-003 drainage area. It did not appear during the inspection that most of the processing area wastewater and stormwater flowed to outfall 146-003. Required Action: Update the Outfall Location Map to accurately show drainage areas associated with outfalls, also include if the outfalls are monitored as a Stormwater(SW)or a Wastewater(WIN) discharge. SDO 146-005 was discharging process water at the time of the inspection. There was a constant flow of process water toward two gravel bermed areas that had been created in a sequence. The discharge did not appear to be causing a turbidity issue in the receiving stream. However,the gravel berms were not serving their purpose as erosion/sedimentation/stormwater control treatment units. Process water was flowing through the gravel berms with no retention/treatment. The inspector had concerns that the discharge occurring during the inspection could indicate non compliance. Please keep in mind NCG020000 Permit Requirement Part III Section A. 2. and 3.b. should be used as a management tool to avoid non-compliance. Required Action:The facility was instructed to perform additional monitoring of this SDO to determine if the discharge was compliant. It was suggested the facility sample the SDO 146-005 discharge at base flow(non storm event), as well as added sampling of the discharge during a storm event.. The facility will likely need to reconstruct or reconfigure the treatment units to maintain compliance. Sample results obtained from this SDO, along with any changes or maintenance performed on the treatment unit need to be sent to Asheville Regional Office for the next two quarters. The outfall 146-005 drainage area also consists of an asphalt plant, Mid State Contractors. Mid State Contractors was notified that they need to be covered under a Stormwater Permit(NCG 16). If the companies are interested in sharing analytical responsibilities at SDO 146-005 the DWQ inspector is ok with Mid State and Vulcan doing so unless compliance U issues arise or otherwise notified. Sampling Discharge Outfall requirements for the Vulcan Lenoir facility as noted during the April 2011 inspection were as follows: SDO 146-001 sampling required"Quarterly";this is considered a wastewater discharge because it receives process water from the process area and gravel pile runoff as well as mine dewatering from the pit. SDO 146-002 sampling required"Semi-annual';this is considered a stormwater discharge as long as water from process area during heavy rain events is not flowing here. This outfall is to be sampled according to the vehicle maintenance requirements. SDO 146-003 sampling required"Quarterly'; this is considered a wastewater discharge because it receives process water from the process area and gravel pile runoff. This drainage area is bermed with gravel along the stock yard perimeter. The outfall is a single gravel basin/berm area without a discrete conveyance. It is recommended that twice a year during the qualitative monitoring this perimeter berm is walked and evaluated for effectiveness. SDO 146-005 sampling required"Quarterly"; this is considered a wastewater discharge because it receives process water from the process area and gravel pile runoff. The outfall is two gravel berms in a series. See comments above. Please keep in mind that evaluation of the discharge from your facility is an ongoing event. Unless there is a significant drought or exceptional basin capacity, analytical monitoring is required. Be careful not to wait until too late in the quarter to evaluate your discharge, otherwise you may miss a sampling event. As mentioned above, use the NCG020000 Permit Requirement Part III Section A. 3.b. to stay on top of maintenance and likely discharge events to meet analytical monitoring expectations. Page: 2 Permit:NCG020026 Owner-Facility:Vulcan Construction Materials LP Inspection Date:04/14/2011 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 Q n #Does the Plan include a General Location(USGS)map? ■ n Q n #Does the Plan include a"Narrative Description of Practices"? n 0 n 0 #Does the Plan include a detailed site map including outfall locations and drainage areas? ■ n n n #Does the Plan include a list of significant spills occurring during the past 3 years? [1 ❑ n #Has the facility evaluated feasible alternatives to current practices? n n n ■ #Does the facility provide all necessary secondary containment? ■ n 11 0 #Does the Plan include a BMP summary? Q 0 11 � #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 o n ■ #Does the facility provide and document Employee Training? I1 0 n ■ #Does the Plan include a list of Responsible Party(s)? n n n ■ #Is the Plan reviewed and updated annually? ❑ ❑ ❑ ■ #Does the Plan include a Stormwater Facility Inspection Program? ❑ n 0 ■ Has the Stormwater Pollution Prevention Plan been implemented? ❑ n ❑ ■ Comment: Inspector was unable to go through SPPP thoroughly, most of the time was spent viewing the quarry grounds. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ n n n Comment: Qualitative monitoring sheets were not evaluated thoroughly. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ■ n Comment: Facility has not monitored Stormwater Discharge 0utfall (SDO) correctly. See summary for clarification 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 0 #If the facility has representative outfall status, is it properly documented by the Division? n n ■ o #Has the facility evaluated all illicit(non stormwater)discharges? I] ■ 0 n Page: 3 Permit: NCG020026 Owner-Facility:Vulcan Construction Materials LP Inspection Date: 04/14/2011 Inspection Type:Compliance Evaluation Reason for Visit:Routine Comment: Inspection was primarily conducted to determine SDO locations, impacts and suitability for representative outfall status. A Representative Outfall Status (ROS) Request Form was received in March 2011 for several Vulcan quarry locations, the Lenoir facility included. ROS was requested for SDO 146-005, listing SDO 146-003 as a representative outfall: All outfall were observed during the inspection. Representative Outfall Status is not granted. SDO 146-005 is a wastewater discharge that was discharging at the time of the inpection. It appeared the wastewater flowing to SDO146-005 was a process water flowing through the sand pile. Page: 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary May 11, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED— 7010 1870 0003 0874 65$1 Mr. Jim Bob Wilson and Ms.Nancy Wilson Camp Wayfarer Property P.O. Box 850 Flat Rock,NC 28731 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Camp Wayfarer Property NOV-2011-SS-0016 Stream Standard Violation- Other Waste (In-stream sediment) Henderson County Response deadline: May 27,2011 Dear Mr. and Ms. Wilson: On April 18, 2011, Susan A. Wilson, from the Asheville Regional Office of the Division of Water Quality(DWQ) conducted a site inspection for Camp Wayfarer off Spartanburg Highway in Henderson County. Tim Fox, with Henderson County Erosion Control was also present during the site visit. Stream standard violations were noted during the inspection. Sediment impacts to an Unnamed Tributary(UT)#3 at Kings Mountain Camp Creek were documented. As a result of the site inspection and file review, the following violations were identified: VIOLATIONS SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarollna Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 N�/{ Internet: www.ncwaterquality.org ��tm` ly An Equal Opportunity 1 Affirmative Action Employer Mr.and Ms.Wilson May 11,2011 Page 2 of 3 I. Stream Standard Violation - Other Waste(In-stream sediment) 15A NCAC 02B .0211'' (3)f-Approximately 1310 linear feet of a UT#3 at Kings Mountain Camp, a Class C-Trout water body, was impacted by sediment deposition measured to be at least 5 inches in depth in pockets throughout the stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f). REQUIRED RESPONSE The DWQ requests that you respond by May 27, 2011. Your response should be sent to the attention of Ms. Susan A. Wilson, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and should address the following items: 1. Stream Standard- Other Waste (In-Stream Sediment) a. Please provide a map of the project area. The map must include all streams and wetlands, detailing impacts both on- and off-site. b. Please submit a Sediment Removal Plan(Plan)to this office for review and approval. The Plan must address removal of accumulated sediment from all surface waters. You must secure an environmental consultant experienced in stream restoration to assist you with developing your Plan, and obtaining any necessary approvals. It is recommended that your consultant contact Ms. Wilson of the Asheville Regional Office for additional guidance during Plan development. The Plan should include: �- • A narrative explaining how sediment will be removed; including, techniques, manpower and tools to be used. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. • A diagram of the stream channel, referenced with photo documentation of sediment impacts before and after removal. • A narrative explaining how and where the removed sediment will be disposed and stabilized. • Please explain how turbidity standards will not be exceeded. c. Once the work is complete, a final report documenting the results of the sediment removal activities should be submitted to Ms. Wilson. 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. r `�J 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 Ms. Wilson at(828) 296-4665. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office cc: Tim Fox, Henderson County Erosion Control ARO File Copy S:\SWP\Henderson\Complaints\Camp Wayfarer\NOV-2011-SS-0016.Camp Wayfarer,5 2011.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 May 11, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 6635 Mr. Charles Vines Town of Bakersville P.O Box 53 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 NCO025461 Town of Bakersville Bakersville WWTP Case No. MV-2011-0025 Mitchell County Dear Mr. Vines: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$186.00 ($119.00 civil penalty+ $67.00 enforcement costs) against the Town of Bakersville. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by the Town of Bakersville for the month of December 2010. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0025461. The violations which occurred in December 2010 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Town of Bakersville violated the terms, conditions or requirements of NPDES Permit NCO025461 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 the Town of Bakersville: NorthCarolina �aturatly 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 $44.00 For 1 of the 1 failures to properly monitor TOTAL P- Conc in violation ofNPDES Permit No. NC0025461. $75.00 For 1 of the 1 failures to properly monitor TOTAL N- Conc in violation of NPDES Permit No. NC0025461. $119.00 TOTAL CIVIL PENALTY $67.00 Enforcement Costs $186.00 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: l. 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 ..,d, and submit it to the Division of Water Quality at the address listed below. In ,rmining whether a remission request will be approved,the following factors shall be insidered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile(fax)or electronic mail by an attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You should contact - the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh,NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. 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, CA 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 Point Source Branch Water Quality Lab & Operations/ORC S:.Z1R1'`.11it hell.4l'asiettiatLr`,vltrnrr�rtl! 5itif Baker ville".."O '- 011-0025doc JUSTIFICATION FOR REMISSION REQUEST NQ Case Number: MV-2011-0025 County: Mitchell Assessed Party: Town of Bakersville Permit No.: NC0025461 Amount Assessed: $186.00 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 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 ENVIRONML- 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 TOWN OF BAKERSVILLE ) PERMIT NO. NCO025461 ) FILE NO. MV-2011-0025 Having been assessed civil penalties totaling $186.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated May 11, 2011,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 CO CO .6 0 0 z 5 5 O d Q aci aci > 0 LL LL N Q Z O (D Of w >� O J 0 C W 3W =J Uj J a U F N t U r W LL OW z Za E E 0 =� U N O y O T T r. U m m Z L N W c c - W � = m ca 2 m LL in N I¢— C m 0 0 0 Q 0 cL W Z = ~Q Q M i- Z 00 U) > Q U a U U c C G> W U U F- W z CL q J J Q 0 0 (6 m c C ~ 7 7 U U W w a LL J H aa. o 0 _ N Q O z o 0 N l6 IO OO o 0 O I_a N N U > zoo Z a 2 H = L t IX O O a 0 a ��' i __ A4:• NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary May 11, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED 70101870 0003 0874 6598 70101870 0003 0874 6604 Elsie Norman Alisa Gosnell c/o Dean Norman Hartley Lumber Company 7725 Scenic Drive 186 Bearcliff Village Cumming, GA 30041 Nebo,NC 28761 70101870 0003 0874 6611 70101870 0003 0874 6628 Timothy Gosnell Tim Gosnell Hartley Lumber Company Gosnell Logging 186 Bearcliff Village 6056 NC Hwy 18 South Nebo,NC 28761 Morganton,NC 28655 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2011-SS-0018 Norman Logging Site Stream Standard Violation- Other Waste (In-stream sediment) McDowell County Response deadline: June 30,2011 Dear Messrs. Norman and Gosnell and Ms. Gosnell On April 28, 2011, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality(DWQ) conducted a site inspection at a logging site on Still Forest Drive in McDowell County. Stream standard violations were noted during the inspection, including sediment impacts to an unnamed tributary to Toms Creek (Class C waters). VIOLATIONS I. Stream Standard Violation -Other Waste(In-stream sediment) 15A NCAC 02B .0211 (3)f—Approximately 2,000 feet of several unnamed tributaries to Toms Creek(Class C waters)was impacted by sediment deposition measured to be upwards of 12 inches in depth 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 \����N�// Internet: www.ncwaterquality.org �J�/ [ l An Equal Opportunity 1 Affirmative Action Employer Norman Logging Site May 11,2011 Page 2 of 3 throughout the stream reaches, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f). REQUIRED RESPONSE The DWQ requests that you respond by June 30,2011. Your response should be sent to the attention of Chuck Cranford, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and should address the following items: 1. Stream Standard - Other Waste (In-Stream Sediment) a. Please provide a map of the project area. The map must include all streams and wetlands, detailing impacts both on- and off-site, b. Please submit a Sediment Removal Plan(Plan)to this office for review and approval. The Plan must address removal of accumulated sediment from all surface waters. You must secure an environmental consultant experienced in stream restoration to assist you with developing your Plan, and obtaining any necessary approvals. It is recommended that your consultant contact Chuck Cranford of the Asheville Regional Office for additional guidance during Plan development. The Plan should include: • A narrative explaining how sediment will be removed; including, techniques, manpower and tools to be used. , • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. • A diagram of the stream channel, referenced with photo documentation of sediment impacts before and after removal. • A narrative explaining how and where the removed sediment will be disposed and stabilized. • Please explain how turbidity standards will not be exceeded. e. Once the work is complete, a final report documenting the results of the sediment removal activities should be submitted to Chuck Cranford. ce ,ik you for your attention to this matter. This Office is considering sending a recommendation jr 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: WBSCP Unit ARO File Copy Division of Land Resources McDowell County Planning S:\S WP\McDowell\Complaints\Still'Forest\NOV-2011-SS-0018.doc __ _ �- �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 May 11, 2011 Mr. Rick Owen, Town Manager Town of Banner Elk P.O. Box 2049 Banner Elk, North Carolina 28604-2049 Subject: NOTICE OF VIOLATION NOV-2011-MV-0094 Permit No. NCO032115 Banner Elk WWTP Avery County Dear Mr. Owen: A review of Banner Elk WWTP's monitoring report for December 2010 showed the following violations: Parameter Date Measuring Frequency Violation Temperature, Water Deg. 12/11/2010 5 X/Week Failure to Monitor Centigrade Temperature, Water Deg. 12/18/2010 5 X/Week Failure to Monitor Centigrade It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4600. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files Water Quality Lab & Operations/ORC S:ISWPWvery\wastewater\MunicipaltBaniler Elk 321151NOV-2011-MV-0094.doc NorthCarolina INatcrra!!y 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 APWA ,YL4�,Ia NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary May 11, 2011 Mr. John S. Vanacore, Registered Agent Carolina Development, LLC 1293 US Highway 1, Suite 3 Ormand Beach, FL 32174 SUBJECT: Notice of Site Inspection The Estates at Boulder Creek Construction Stormwater Permit NCGO10000 Stream Standard Violation- Other Waste (In-stream sediment) Haywood County Response deadline: May 27,2011 Dear Mr. Vanaeore: The Asheville Regional Office of the Division of Water Quality (DWQ) received citizen complaints via Haywood County Erosion Control regarding The Estates at Boulder Creek. Haywood County Erosion Control's follow-up inspection also noted outstanding issues with regard to erosion control measures. Construction Stormwater Permit NCGO10000 and stream standard violations were noted during the inspection and file review. Sediment impacts to an unnamed tributary to Raccoon Creek were documented. As a result of the site inspection and file review,the following issues were identified and should be resolved: 1. Construction Stormwater Permit NCGO10000 - A Construction Stormwater Permit (NCG010000) is issued upon the approval of an Erosion and Sedimentation Control Plan for sites greater than one acre. a. Final Limitations and Controls for Stormwater Discharges (Part I. Section A. No.2) Failure to follow Erosion Control Plan,represents a violation of NCGO 10000 Permit. 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 ����Na//� Internet: www.ncwaterquality.org ` l` An Equal Opportunity 1 Affirmative Action Employer Mr.Vanacore May 11,2011 Page 2 of 3 b. Schedule of Compliance (Part I. Section C. No. 2)Failure to operate and maintain stormwater controls to optimum efficiency,represents a violation of NCGO 10000 Permit. II. Stream Standard Violation - Other Waste(In-stream sediment) 15A NCAC 02B .0211 (3)f—an undetermined length of an unnamed tributary to Raccoon Creek was impacted by sediment deposition, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f). REQUIRED RESPONSE The DWQ requests that you respond by May 27,2011. Your response should be sent to the attention of Susan A. Wilson, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and should address the following items: 1. Construction Stormwater Permit NCG010000 a. Please explain when you anticipate being in full compliance with your Erosion and Sediment Control Plan and the NCGO10000 Permit. b. You should include in your response an explanation of why proper operation and maintenance of stormwater and erosion control measures was not performed to optimum efficiency and how you propose to prevent these problems from reoccurring on this project and on future projects. 2. Stream Standard - Other Waste (In-Stream Sediment) a. Please provide a map of the project area. The map must include all streams and wetlands, detailing impacts both on- and off-site. b. Please submit a Sediment Removal Plan(Plan)to this office for review and approval. The Plan must address removal of accumulated sediment from all surface waters. You must secure an environmental consultant experienced in stream restoration to assist you with developing your Plan, and obtaining any necessary approvals. It is recommended that your consultant contact Ms. Wilson of the Asheville Regional Office for additional guidance during Plan development. The Plan should include: • A narrative explaining how sediment will be removed; including, techniques, manpower and tools to be used. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. • A diagram of the stream channel, referenced with photo documentation of sediment impacts before and after removal. • A narrative explaining how and where the removed sediment will be disposed and stabilized. • Please explain how turbidity standards will not be exceeded. c. Once the work is complete, a final report documenting the results of the sediment removal activities should be submitted to Ms. Wilson. Thank you for your attention to this matter. A copy of the Construction Stormwater permit has been attached for your reference and future use at the site. This office requires that the violations, as detailed above, be abated immediately. Should you have any questions regarding these matters, please contact Ms. Wilson at(828) 296-4665 or susall.a.wilsonkncdenr.gov .. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office Enc: NCGO10000 permit cc: ARO File Copy Haywood County Erosion Control, Marc Pruett The Pesterfield Group, Bronce Pesterfield, P.E. 370 N. Louisiana Ave., Suite H4 Asheville,NC 28806 S:\SWMaywood\Stormwater\NCGOI Construction\The Estates at Boulder Creek\Boulder Creek.Site Insp.5 201 L.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION May 12, 2011 Mr. Richard Canipe, Town Manager Town of Spruce Pine PO Box 189 Spruce Pine, NC 28777 SUBJECT: Compliance Evaluation Inspection Town of Spruce Pine Wastewater Collection System Permit No: WQCS00091 Mitchell County Dear Mr. Canipe: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on May 3, 2011. The facility was found to be in compliance with permit WQCS00091. Please refer to the enclosed inspection report for additional observations and comments. The collection system is a class CS-II. The ORC is a class CS-1. A grade CS-II ORC is required for the collection system. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: Russell Lankford, American Water, Project Manager Central Files Asheville Files S:\SWP\Mitchell\Collection Systems\Spruce Pine Collection System\CEI 5-3-11.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S. Highway 70,Swannanoa, NC 28778 NorthCar'olina Phone: 828-296-4500 Fax: 828-299-7043 Customer Service: 1-877-623-6748 NittmrRllb( Internet:www.ncwaterguality.org �� Lip �_. �..,, __ __ Compliance Inspection Report ormit: WQCS00091 Effective: 04/14/05 Expiration: 03/31/13 Owner: Town of Spruce Pine SOC: Effective: Expiration: Facility: Spruce Pine Collection System County: Mitchell PO Box 189 Region: Asheville Spruce Pine NC 28777 Contact Person: Richard Canipe Title: Town Manager Phone:828-765-3000 Directions to Facility: System Classifications: CS2, Primary ORC: Elbert E Stamey Certification:990612 Phone: 828-765-3000 Secondary ORC(s): On-Site Representative(s): Related Permits: NCO021423 Town of Spruce Pine-Spruce Pine WWTP Inspection Date: 05/03/2011 Entry Time: 01:30 PM Exit Time: 03:30 PM Primary Inspector: Wanda P Frazier �'� I G�. < 5�� t Phone: Ext.46 6-4500 Ext.4662 Secondary Inspectors): Reason for Inspection: Routine Inspection Type:Collection System Inspect Non Sampling 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 Lines Regmts (See attachment summary) Page: 1 Permit:WQCS00091 Owner-Facility:Town of Spruce Pine Inspection Date: 05/03/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Inspection Summary: COLLECTION SYSTEM: WQCS00091 Class II Consists of 1192 sewer connections(as of 5-3-2011)serving a population of—2050. There are—30 miles of gravity sewer and—2.42 miles of force main(-171,776 ft total). There are 13 duplex pump stations; none have SCADA,4 have telemetry and 10 have dual high water alarms. The lift stations are inspected 7 days a week. The 5 pump stations are equipped with diesel emergency generators on-site. The generators (self-tests weekly) are located at the following pump station locations: Beaver Creek pump station - 60 KW -Kohler Burleson Hill pump station-75 KW - Generac Carter's Ridge pump station- 100 KW -Generac DOC Prison#1 pump station- 80 KW -Onan DOC Prison#2 pump station-60 KW -Generac The fuel vender is Tri-Co Oil Company(Spruce Pine). The equipment service contactor is Blue Ridge Standby Power(Marion). RECENT COLLECTION SYSTEM MAINTENANCE AND INSPECTIONS: Replaced the pump at the Shannon Drive pump station. Replaced the pumps and controls at the Railroad pump station. Replaced 300 feet of 6"terracotta pipe with 6"PVC on Hillcrest Circle. Replaced 100 feet of 6"terracotta pipe with 6" PVC in the Ingles parking lot. Replaced the 2"force main and pump at the Duncan Street pump station. Installed 200 feet of 2"force main at the Spruce Pine Maintenance Building. Walked and visually inspected all manholes and creek crossing from Carter's Ridge Road pump station to McKinney Electric. Walked and checked all manholes and exposed collection system lines from the Railroad on Amethyst Street to the City Drive-In. Visually inspected most all of the sewer lines. Replaced 400 feet of 0.5" hose line on the sewer jetter. Purchased a new Root Rat nozzle. Page: 2 Permit:WQCS00091 Owner-Facility: Town of Spruce Pine nspection Date: 05/03/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Flushed the collection system line at the Feldspar Pump Station. Odor issues from the Prison lift stations have been resolved by the operation of a car wash next door(upstream in the collection system). Feeding potassium permanganate is no longer necessary for odor control. ANNUAL COLLECTION SYSTEM CLEANING: There are-30 miles of gravity sewer and-2.42 miles of force main (-171,178 ft total). Ten percent(17,118 ft.)of the system is required to be cleaned annually. There were 17,550 feet cleaned in 2010. There have been 10,220 feet cleaned as of 4-28-2011. During the next year, Oak and Locust Street are scheduled for cleaning. SCHOOL PROJECT: There are plans for the construction and operation (- 12-31-2011)for an additional-2 miles of gravity sewer, -2 miles of force main and two new lift stations to connect the Mitchell County High School (in Ledger). This will eliminate the discharge of NPDES permit NCO066737 which is a 0.0144 MGD WWTP consisting of:two septic tanks; dosing tank with dual alternating pumps; dual surface sand filters; 20 gpm UV disinfection; and effluent aeration tank. OPERATOR INFORMATION: WWTP ORC contractor: American Water(www.amwater.com) WWTP ORC: Darrell J. Graham-Cert. #25819-WW-III WWTP back-up ORCs: Phillip D. Burleson-Cert.#9907-WW-11 Russell P. Lankford-Cert.#29246-WW-III and Cert. #985166-CS-1 Note: The contract operators also inspect the collection system and pump stations. Coll. Sys. ORC: Elbert E Stamey III-Cert. #990612-CS-1 Coll. Sys. Back-up ORC: Alan Dale Robinson-Cert. #990618-CS-1 Note: The collection system is a class CS-11. The ORC is a class CS-1. A grade CS-II ORC is required for the collection system. SYSTEM PERFORMANCE ANNUAL REPORT(SPAR): The 2010 System Performance Annual Report is in the process of being prepared and mailed to DWQ. 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 work's and collection system's performance over a 12 month period. The System Performance Annual Report is due no later than 60 days after the end of the reporting period. Page: 3 Permit:WQCS00091 Owner-Facility: Town of Spruce Pine Inspection Date: 05/03/2011 Inspection Type: Collection System Inspect Non Sampling Reason for Visit:Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? ■ 0 n Q What educational tools are used? Water bills contain FOG information,as well as, letters(most recent dated 4-26-11)from the Town to the restaurants. Suggestions were made to include the Town's web site on the water bills and reference the FOG program on the Town's web site. Is Sewer Use Ordinance/Legal Authority available? ■ 0 0 ❑ Does it appear that the Sewer Use Ordinance is enforced? ■ n ❑ fl Is Grease Trap Ordinance available? ■ ❑ Q Is Septic Tank Ordinance available(as applicable, i.e. annexation) ■ ❑ 0 Cl List enforcement actions by permittee, if any, in the last 12 months There are two approved septage haulers: Mayland Septic and Appalachian Outhouse. These haulers have allowable designated pumping times and specific manhole for dumping. Has an acceptable Capital Improvement Plan(CIP) been implemented? ■ n ❑ Q Does CIP address short term needs and long term 1"master plan\"concepts? ■ fl n n Does CIP cover three to five year period? ■ ❑ ❑ ❑ Does CIP include Goal Statement? ■ ❑ Q fl Does CIP include description of project area? ■ n n n \ Does CIP include description of existing facilities? ■ ❑ n Q Does CIP include known deficiencies? ■ Q ❑ n Does CIP include forecasted future needs? ■ 0 n 0 Is CIP designated only for wastewater collection and treatment? I_1 ■ Q o Approximate capital improvement budget for collection system? $38,000.00 Total annual revenue for wastewater collection and treatment? $731,318.00 CIP Comments Project Area identified in(Community Assitance grant funded)Master Plan for water and sewer infastructure. CIP addresses deficiencies, namely, I&I and pump replacements. This year $50,000 has been spent on pump replacements. CIP is designated for: drinking water treatment,water distribution,wastewater collection and wastewater treatment. Is system free of known points of bypass? ■ 0 El If no,describe type of bypass and location Is a 24-hour notification sign posted at ALL pump stations? ■ Q n Q #Does the sign include: _ Instructions for notification? ■ Cl 0 ❑ -= Page: 4 Permit:WQCS00091 Owner-Facility:Town of Spruce Pine .nspection Date: 05/03/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine nnn Pump station identifier? ■ 24-hour contact numbers ■ n n n If no, list deficient pump stations #Do ALL pump stations have an"auto polling"feature/SCADA? n ■ n n 13 Number of pump stations 0 Number of pump stations that have SCADA 4 Number of pump stations that have simple telemetry Number of pump stations that have only audible and visual alarms 9 Number of pump stations that do not meet permit requirements 0 ■ #Does the permittee have a root control program? nnn #If yes,date implemented? Describe.- There is no orangeburg pipe. The Town has a new 3000 psi American Jetter, an old jetter and a new Root Rat nozzle. Comment: Yes No NA NE Inspections ■ nnn . Are maintenance records for sewer lines available? Are records available that document pump station inspections? ■ nnn Are SCADA or telemetry equipped pump stations inspected at least once a week? ■ nnn Are non-SCADA/telemetry equipped pump stations inspected every day? ■ nnn Are records available that document citizen complaints? ■ nnn #Do you have a system to conduct an annual observation of entire system? ■ nnn #Has there been an observation of remote areas in the last year? ■ nnn Are records available that document inspections of high-priority lines? ■ nnn Has there been visual inspections of high-priority lines in last six months? ■ nnn Comment: Citizen complaints are logged into the computer, a work order is generated and the Town's Maintenance staff investigates and resolves. There are three high priority lines. They include Grassy Creek and the two Department of Corrections prisons. Yes No NA NE Operation &Maintenance Requirements ■ nnn Are all log books available? ■ Does supervisor review all log books on a regular basis? nnn Page: 5 I 3 Permit:WQCS00091 Owner-Facility: Town of Spruce Pine s Inspection Date: 05/03/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Does the supervisor have plans to address documented short-term problem areas? ■ 0 ❑ Cl What is the schedule for reviewing inspection, maintenance, &operations logs and problem areas? The Town contracts the inspection, operation and maintenance of the collection system and wastewater treatment plant. The contract ORC reviews daily records and logs, as well as, addresses problem areas. Are maintenance records for equipment available? ■ 0 0 0 Is a schedule maintained for testing emergency/standby equipment? ■ 0 0 0 What is the schedule for testing emergency/standby equipment? weekly for 30 minutes Do pump station logs include.- Inside and outside cleaning and debris removal? ■ 0 0 0 Inspecting and exercising all valves? ® 0 11 0 Inspecting and lubricating pumps and other equipment? ■ 0 0 Inspecting alarms,telemetry and auxiliary equipment? ■ 0 0 0 Is there at least one spare pump for each pump station w/o pump reliability? 0 0 ■ 0 Are maintenance records for right-of-ways available? ■ 0 0 0 Are right-of-ways currently accessible in the event of an emergency? ■ 0 0 0 Are system cleaning records available? ■ 0 0 0 Has at least 10%of system been cleaned annually? ■ 0 0 0 What areas are scheduled for cleaning in the next 12 months? There are—30 miles of gravity sewer and—2.42 miles of force main(171,178 ft total).Ten percent (17,118 ft.)of the system is required to be cleaned annually. There were 17, 550 feet cleaned in 2010. There have been 10,220 feet cleaned as of 4-28-2011. During the next year, Oak and Locust Street are scheduled for cleaning. Is a Spill Response Action Plan available? 0 0 0 0 Does the plan include: 24-hour contact numbers ■ 0 0 0 Response time ■ 0 0 0 Equipment list and spare parts inventory ® 0 0 0 Access to cleaning equipment ■ 0 0 0 Access to construction crews, contractors,and/or engineers ■ 0 0 0 Source of emergency funds ® 0 0 0 Site sanitation and cleanup materials ® 0 0 0 Post-overflow/spill assessment ■ 0 0 0 Page: 6 Permit:WQCS00091 Owner-Facility: Town of Spruce Pine inspection Date: 05/03/2011 Inspection Type: Collection System Inspect Non Sampling Reason for Visit:Routine Is a Spill Response Action Plan available for all personnel? n n n Is the spare parts inventory adequate? ■ n ❑ n Comment: Records Yes No NA NE Are adequate records of all SSOs, spills and complaints available? n n n Are records of SSOs that are under the reportable threshold available? n n ■ n Do spill records indicate repeated overflows(2 or more in 12 months)at same location? n n ■ n If yes, is there a corrective action plan? n n ■ n Is a map of the system available? ® n n n Does the map include: Pipe sizes ■ ❑ n n Pipe materials ® n Cl n Pipe location ■ n n n Flow direction ® n ❑ n Approximate pipe age n ® n n Number of service taps ■ n n Cl Pump stations and capacity ■ ❑ n n If no,what percent is complete? 95 List any modifications and extensions that need to be added to the map Approximate pipe age needs to be added. Upon completion,the addition of the upcoming Mitchell County High School(tie-in)project and collection system details will need to be added. McGill prepared the map in December of 2005. There have been no SSOs this year. #Does the permittee have a copy of their permit? ■ n ❑ n Comment: The collection system permit expires on 3-31-2013. 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 Cl ❑ #Is permittee compliant with all compliance schedules in the permits? ❑ n ■ n If no,which one(s)? Comment: The 2010 System Performance Annual Report(SPAR) is in the process of being prepared and mailed to Raleigh. Page: 7 `_._ �,; , _ L; 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 May 12, 2011 Mr. Richard Canipe Town of Spruce Pine PO Box 189 Spruce Pine, NC 28777 SUBJECT: Compliance Evaluation Inspection Town of Spruce Pine WWTP Permit No: NCO021423 Mitchell County Dear Mr. Canipe: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on May 3, 2011. The facility was found to be in compliance with permit NC0021423. Please refer to the enclosed inspection report for additional observations and comments. As we discussed, the mechanical bar screen has been in service since 1998 and is in need of replacement. The water hydrant at the influent is in need of repair or replacement. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: Darrell Graham, ORC Central Files Asheville Files S:\SWP\Mitchell\Wastewater\Municipal\21423 Spruce Pine WWTP\CEI 5-3-11.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S.Highway 70,Swannanoa, NC 28778 Nort iCarollina Phone: 828-296-4500 Fax: 828-299-7043 Customer Service: 1-877-623-6748 Natmrallff Internet:www.ncwaterguality.org /� ` / /�_.. �'/j United States Environmental Protection Agency Washington,D.C.20460 Form Approved. CPA 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 NCO021423 Ill 121 11/05/03 117 18I CI 19I SI 20I I Remarks 211111111111111111IIII IIIIIIIIIIII IIIIIIII IIIII_L_J6 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---- --- -------Reserved------ - ---- 671 1.0 169 70I 31 711 I 72I N I 73I ' '74 751 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) 11:00 AM 11/05/03 11/03/01 Spruce Pine WWTP 909 Creed Pitman Rd Exit Time/Date Permit Expiration Date Spruce Pine NC 28777 01:00 PM 11/05/03 16/02/28 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Darrell James Graham/ORC/828-765-3007/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Robert Wiseman,PO Box 189 Spruce Pine NC 28777//704-765-3000/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 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/ 62, Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 60-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (Cont 3I NCO021423 I11 12I 11/05/03 I17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) PRETREATMENT PROGRAM: Modified program consisting of one Categorical Industrial User(CIU): BRP US, Inc. (Bombardier Motor Company), which manufactures aluminum motors. Discharge data: — 18,000 gpd from 2 discharges: chrome conversion line and casting line. WASTEWATER TREATMENT PLANT (WWTP): The WWTP consists of a 2.0 MGD (phased permit 0.5 MGD & 2.0 MGD)WWTP consisting of: US Filter Rex III (Envirex)®mechanically cleaned bar screen (in operation since 1998—needs replacing); potable water hydrant at influent(for wash down water) - (needs repair or replacement); (screenings disposal—GDS pick-up 2/mo to landfill); influent pump station with duplex 1111 gpm pumps with audible high water alarm and autodialer; Eutek TeaCup® headworks grit removal system; (grit disposal —GDS pick-up every 60 days to landfill); (trickling filter—out of service); Milltronics HydroRanger®influent ultrasonic flow meter; Hach Sigma 900®refrigerated composite sampler; Siemens 0 Orval®three concentric ring oxidation ditch with four 40 HP rotary aerators; circular clarifier(# 1—out of service); dual 55 ft dia circular clarifiers; (#2—in service; #3 clarifier—out of service); sludge pump station with duplex 1389 gpm wet well pumps; gas chlorine feed system (uses 150#cylinders); baffled chlorine contact basin (converted primary clarifier); Wallace and Tierman Acutec 35 sulfur dioxide gas injection dechlorination feed system (uses 150 #cylinders); dechlorination basin; American Sigma®refrigerated effluent composite sampler; (anaerobic sludge digestor—out of service); aerobic sludge digestor with dual 25 HP floating aerators (converted one old activated sludge basin, the other old ASB was never converted); 1.0 meter Ashbrook Klampress®belt filter press (— 20% solids); polymer feed system with Brennfloc CP622 ®(cationic); 3 sludge drying beds; 300 KW diesel Spectrum 3000S emergency generator with automatic transfer switch (Blue Ridge Standby Power); 90 degree v-notch weir; and Endress-Houser®ultrasonic flow measuring equipment with totalizer and circular chart recorder. Flow data: Annual Average Flow: 0.306 MGD in 2008; 0.274 MGD in 2009; 0.291 in 2010 Maximum Daily Flow: 0.430 in 2008; 0.410 in 2009; 0.453 in 2010 A to C: Page# 2 Permit: NCO021423 Owner-Facility: Spruce Pine WWTP aection Date: 05/03/2011 Inspection Type: Compliance Evaluation Authorization to Construct issued 8-13-2007 for a new 1.0 meter belt filter press (in operation in June 2008). A to C for new plant issued 11-4-1996. New oxidation ditch WWTP on-line 8-29-1998. SLUDGE MANAGEMENT: WQ0002349 Land Application of Residuals The sludge drying beds have not been used in several years, nor has the land application site been used in several years. Sludge is dewatered utilizing a cationic polymer and 1.0 meter Ashbrook Klampress® belt filter press. The dried sludge is hauled by E. Luke Green Co. to the Iris Glen Landfill, located in Johnson City, TN. TOXICITY TESTING: Quarterly testing at 6.6%for Ceriodaphnia (Feb, May, Aug, Nov) INSPECTIONS: A review of the files indicates that the last pretreatment inspection (PCI)was conducted on 9-23-09 by Keith Haynes. The last Diagnostic Technical Assistance (TA) inspection was conducted on 5-26-09 by Keith Haynes and Don Price. The last compliance evaluation inspection (CEI)was conducted on 3-36-09 by Don Price and Keith Haynes. The last Collection System compliance evaluation inspection (CEI)was conducted on 11-13-2007 by Roy Davis_ PERMIT: The permit expires on 2-28-2016. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. LOG: 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 oxidation ditch process control data was as follows: Temperature= 19 degrees Celsius Page# 3 Permit: N00021423 Owner-Facility: Spruce Pine WWTP Inspection Date: 05/03/2011 Inspection Type: Compliance Evaluation pH =6.5 units Dissolved Oxygen = 1.57 mg/I Settleable Solids= 790 ml/I = 79% MLSS range: 3900 to 4900 Belt press is operated 4 to 5 days per week. EFFLUENT: The effluent data was as follows: Dissolved Oxygen = 5.7 mg/I pH = 6.4 units Temperature = 18 degrees Celsius Chlorine= < 20 ug/I FLOW MEASUREMENT: The annual flow meter calibrations were performed on 5-2-2011. OPERATIONS AND MAINTENANCE/ EFFLUENT/SUMMARY: Darrell Graham (ORC), Russell Lankford, and Bob Haller assisted in the inspection and appear to be operating and maintaining the facility very well. The effluent appeared to be in compliance with permit limits. OPERATOR INFORMATION: WWTP ORC contractor: American Water(www.amwater.com) WWTP ORC: Darrell J. Graham—Cert. #25819—WW-III WWTP back-up ORCs: Phillip D. Burleson —Cert. #9907—WW-II Russell P. Lankford—Cert. #29246—WW-111 and Cert. #985166—CS-1 SYSTEM PERFORMANCE ANNUAL REPORT (SPAR): The 2010 System Performance Annual Report is in the process of being prepared and mailed to DWQ. Page# 4 Permit: NCO021423 Owner-Facility: Spruce Pine VWVrP ;section Date: 05/03/2011 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 work's and collection system's performance over a 12 month period. The System Performance Annual Report is due no later than 60 days after the end of the reporting period. Page# 5 Permit: NCO021423 Owner-Facility: Spruce Pine WWTP Inspection Date: 05/03/2011 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 ■ fl Is the facility as described in the permit? ■ 0 n n #Are there any special conditions for the permit? ■ n n n Is access to the plant site restricted to the general public? ■ Cl 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? ■ fl 0 Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n El n Judge, and other that are applicable? Comment: Pump Station -Influent Yes No NA NE Is the pump wet well free of bypass lines or structures? ■ 0 Q n Is the wet well free of excessive grease? ■ n n n Are all pumps present? ■ n n n Are all pumps operable? ■ ❑ ❑ n Are float controls operable? ■ n n 0 Is SCADA telemetry available and operational? ❑ ❑ ■ n Is audible and visual alarm available and operational? ■ n n n Comment: Influent pump station has duplex 1111 gpm pumps with audible high water alarm and autodialer. Bar Screens Yes No NA NE Type of bar screen a.Manual n b.Mechanical ■ Are the bars adequately screening debris? ■ fl n n Is the screen free of excessive debris? ■ 0 n 0 Is disposal of screening in compliance? ■ n n fl Is the unit in good condition? I_l moo f_ Page# 6 Permit: NCO021423 Owner-Facility: spruce Pine WWTP section Date: 05/03/2011 Inspection Type: Compliance Evaluation -jar Screens Yes No NA NE Comment: The US Filter Rex III (Envirex)® mechanically cleaned bar screen has been in operation since 1998 and needs replacing. The screenings are picked-up by GDS twice a month and taken to the landfill. Grit Removal Yes No NA NE Type of grit removal a.Manual n b.Mechanical ■ Is the grit free of excessive organic matter? ■ n n n Is the grit free of excessive odor? ■ n I_l n #Is disposal of grit in compliance? ■ n n Cl Comment: The grit is picked-up by GDS every 60 days and taken to the landfill. Oxidation bitches Yes No NA NE Are the aerators operational? ■ n n n Are the aerators free of excessive solids build up? ■ 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 11 Is the DO level acceptable? ■ n n n Are settleometer results acceptable(>30 minutes)? n n ■ n Is the DO level acceptable?(1.0 to 3.0 mg/I) ■ n n n Are settelometer results acceptable?(400 to 800 ml/1 in 30 minutes) ■ n n n Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n Cl 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 n Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ n n n Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? ■ n n n Page# 7 Permit: NCO021423 Owner-Facility: Spruce Pine WWTP Inspection Date: 05/03/2011 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE 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: Disinfection-Gas Yes No NA NE Are cylinders secured adequately? ■ n n n Are cylinders protected from direct sunlight? ■ n n n Is there adequate reserve supply of disinfectant? ■ n n ❑ Is the level of chlorine residual acceptable? ■ n n n Is the contact chamber free of growth,or sludge buildup? ■ n 0 ❑ Is there chlorine residual prior to de-chlorination? ■ ❑ n n Does the Stationary Source have more than 2500 Ibs of Chlorine(CAS No. 7782-50-5)? n n ■ n If yes,then is there a Risk Management Plan on site? n n ■ n If yes,then what is the EPA twelve digit ID Number?(1000- -___) If yes,then when was the RMP last updated? Comment: System uses 150# cylinders. De-chlorination Yes No NA NE Type of system? Gas 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? Comment: System uses 150#cylinders. 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 Page# 8 Permit: NCO021423 Owner-Facility: Spruce Pine WWfP .pection Date: 05/03/2011 Inspection Type: Compliance Evaluation Standby Power Yes No NA NE 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 Cl 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 0 n Comment: The fuel vender is Tri-Co Oil Company (Spruce Pine). The equipment service contactor is Blue Ridge Standby Power(Marion). The generator self-tests weekly. Page# 9 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 12, 2011 Mr. Tony Konsul Transylvania Utilities Inc. P.O. Box 240908 Charlotte, North Carolina 28224-0908 Subject: NOTICE OF VIOLATION NOV-2011-DV-0132 Permit No. WQCS00219 Transylvania Utilities Inc. Connestee Falls Collection System Transylvania County Dear Mr. Konsul: A review has been conducted of Connestee Fallls Collection System's self reported Sanitary Sewer Overflows (SSO's) 5-Day Report submitted by Transylvania Utilities Inc. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00219 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type CSO/SSO (Sewer Overflow) 04/11/2011 Sanitary Sewer Overflow Discharge NOV-2011-DV-0132 825 Gallons Without Valid Permit Incident# 201100814 April 2011 SSO (825 Gallons UT Lake Ticoa) 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. Please provide a written response to this office within 15 days of receipt of this letter explaining scheduled activities concerning your root control program. If you have any question regarding this policy please contact your 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:\SWP\Transyivania\Collecti©n SystemsMansyivania Ufifities\NOV-2011-DV-0132.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarohna Phone:(828)296-4500\FAX:828 29,9-7943\Customer Service: 1-877-623-6748 �fjturall� Internet:www.ncwaterauality.org for RMENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 12, 2011 Mr. Thomas E. Hartye, PE Metropolitan Sewerage District of Buncombe County, North Carolina 2028 Riverside Drive Asheville, North Carolina 28804-3054 Subject: NOTICE OF VIOLATION NOV-2011-DV-0130 Permit No. WQCS00004 MSD of Buncombe County, North Carolina MSD Collection System Buncombe County Dear Mr. Hartye: A review has been conducted of MSD Buncombe County Collection System's self reported Sanitary Sewer Overflows (SSO's) 5-Day Report submitted by Metropolitan Sewerage District of Buncombe County, North Carolina. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00004 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type CSO/SSO (Sewer Overflow) 04/09/2011 Sanitary Sewer Overflow Discharge NOV-2011-DV-0130 3,057 Gallons total Without ValidPermit Incident# 201100987 April 2011 SSO (2,500 Gallons to Grassy Branch) 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. Sincerely, Roger C. Edwards Surface Water Protection Section Supervisor Division of Water Quality Asheville Region Cc: DWQ Asheville Files DWQ Central Files PERCS Unit Barry Cook/ORC/MSD CS S:\SWP\13uncombe\CoI1ection Systems\MSD Collection System\NOV-201 1-DV-01 30.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 a 7u1,Q Internet:www.ncwaterguality.orq 01^ �/VRtl1ff � , �_i � `� � _i RMENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 12, 2011 Mr. Mack W. Edmisten, Director, Public Utilities City of Lenoir P.O. Box 958 Lenoir, North Carolina 28645-0958 Subject: NOTICE OF VIOLATION NOV-2011-DV-0131 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 submitted by the City of Lenoir. 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 violation that occurred is summarized below. Area Violation Date Description Violation Type CSO/SSO (Sewer Overflow) 04/07/2011 Sanitary Sewer Overflow Discharge NOV-2011-DV-0131 840 Gallons Without Valid Permit Incident# 201100789 April 2011 SSO (840 Gallons to Gunpowder Creek) 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. Please notify this office in writing when permanent repairs are complete. If you have any question regarding this policy please contact your Asheville Regional Staff or Janet Cantwell at 828-296-4500. Sincerely, ler . Edwards Surface Water Protection Section Supervisor Division of Water Quality Asheville Region Cc: DWQ Asheville Files DWQ Central Files PERCS Unit S:\SWP\Caldwell\Collection Systems\Lenoir Collection Systern\NOV-2011-DV-0131.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 �a�ul�//� Internet:www.newaterguality.org `r�n/�, `[ ��, �� 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 May 12,2011 Haywood County DWQ Project 07-0261V.2 NCSR 1260(Dogwood and Wildcat Drives) Approval of 401 Water Quality Certification with Additional Conditions Mr. J. B. Setzer,P.E. Division 14 Engineer North Carolina Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Dear Mr. Setzer: You have our approval, in accordance with the conditions listed below,for the following impacts in Pine Tree Cove Branch,in an unnamed tributary to Pine Tree Cove Branch and in an unnamed tributary to Jonathan's Creek for the purpose making improvements and widening NCSR 1260,Dogwood and Wildcat Drives in Haywood County: Stream Impacts in the French Broad River Basin Site Permanent Fill Stream Permanent Temporary Total Stream in Intermittent Relocation of Fill in Impacts in Stream Impacts Stream (linear Perennial Perennial Perennial Impact Requiring ft) Stream Stream Stream (linear ft) Mitigation linear ft linear ft linear ft) linear ft Original Approved 0 0 4 105 109 4 Impacts at Site 4A New Additional 0 0 36 105 141 36 Impacts with this Approval at Site 4A Original Approved 0 0 0 0 0 0 Impacts at Site 4B New Additional 0 85 0 110 195 0 Impacts with this Approval at Site 4B Original Approved 0 0 19 105 124 19 Impacts at Site 8 New Additional 0 0 1 105 106 1 Impacts with this Approval at Site 8 ;URFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 1 'location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollna Phone:828-29645001 FAX:828-299-70431 Customer Service:1-877-623-6748 f� // Internet: www.ncwaterquality.org A4&14ally An Equal Opportunity\Affirmative Action Employer Mr. J. B. Setzer,P.E. May 12, 2011 Page Two Original Approved 0 0 10 105 125 10 Impacts at Site 9 New Additional 0 0 20 105 125 20 Impacts with this Approval at Site 9 Total 0 85 57 425 567 57 Total Permanent Stream Impacts for Project: 57 lin.ft.Total Temporary Stream Impacts for Project: 425 linear ft. Total Stream Channel Relocation Impacts for Project: 85 linear feet. The project should be constructed in accordance with your application dated April 8, 2011 (received April 12, 2011), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3820, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future)exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6)and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional' conditions listed below. Condition(s)of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,they shall be removed and the natural grade restored upon completion of the project. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. '^ d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. .er, P.E. Al ee In-stream work and land disturbance within the 25-foot buffer zone are prohibited during the trout-spawning season of October 15 through April 15 to protect the egg and fry stages of trout. 5. Compensatory mitigation for the additional 57 linear feet of impact to streams is required. We understand that you have chosen to perform compensatory mitigation for impacts to streams through an in-lieu payment to the North Carolina Ecosystem Enhancement Program (EEP). 6. For projects impacting waters classified by the NC Environmental Management Commission as Trout(Tr),High Quality Waters (HQW), or Water Supply I or 11(WS-I or WS-II)stormwater shall be directed to vegetated buffer areas,grass-lined ditches or other means appropriate to the site for the purpose of pretreating stormwater runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. 7. The permittee shall use/Design Standards in Sensitive Watersheds/[15A NCAC 413.0124(a)-(e)] in areas draining to trout waters. However, due to the size of the project,NCDOT shall not be required to meet 15A NCAC 413.0124 (a) regarding the maximum amount of uncovered acres. Temporary cover(wheat,millet,or similar annual grain)or permanent herbaceous cover should be planted on all bare soil within 15 business days of ground disturbing activities, to provide erosion control. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas. For the establishment of permanent herbaceous cover,erosion control matting shall be used in conjunction with appropriate seeding on disturbed soils within the riparian area and on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control devices such as silt fence,temporary sediment ditches, basins,etc. Matting should be secured in place with staples or stakes,or wherever possible, live stakes of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid,which can impinge and entrap small animals. For the establishment of temporary groundcover within riparian areas, hydro seeding along with wood or cellulose based hydro mulch applied from a fertilizer-and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters is prohibited. Riparian areas are defined as a distance of 25-feet landward from the top of stream bank. 8. All channel relocations will be constructed in a dry work area and stabilized before stream flows are diverted. Channel relocations will be completed and stabilized, and must be approved on site by NCDWQ staff, prior to diverting water into the new channel. Whenever possible,channel relocations shall be allowed to stabilize for an entire growing season. Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical.All stream banks shall be matted with coir fiber matting. Also, rip-rap may be allowed if it is necessary to maintain the physical integrity of the stream,but the applicant must provide written justification and any calculations used to determine the extent of rip-rap coverage requested. 9. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 10. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 11. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. Mr. J.B. Setzer, P.E. May 12, 2011 Page Four 12. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum exte'tl. practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 13. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 14. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 15. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 16. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 17. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 18. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants,hydraulic fluids,or other toxic materials. 19. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 21. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing oncrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surfaceF waters.due to the potential for elevated pH and possible aquatic life and fish kills. J 22. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 23. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 24. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 25. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 26. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 27. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 28. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 29. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 30. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division`, ' Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. r, P.E. �1 ,olations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or zivil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, 7 Coleen H. Sullins,Director Division of Water Quality .;c: Lori Beckwith,USACE,Asheville Field Office Mark Davis,Division 14,DEO Ed Ingle,Roadside Environmental Dave McHenry,NCWRC Transportation Permitting Unit Asheville Regional Office 070261 V.2(Setzer)NCSR 1260 Dogwood and Wildcat Drives AMMMOM 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 May 13, 2011 Mr. Gary Whisnant Asheville Plant Manager Progress Energy Carolinas, Inc. 200 CP&L Drive Arden, NC 28704 SUBJECT: Approval to Relocate and Discharge from a new Outfall 001 location Progress Energy Asheville Plant Permit No: NC0000396 Buncombe County Dear Mr. Whisnant; On May 10, 2011, the Division received your letter of request to relocate the NPDES discharge point for outfall 001. 1 understand that this discharge point relocation is necessary to allow for construction on the facility's 1964 ash pond dam, to enhance the safety of that structure. Therefore, I am granting administrative approval for the relocation of outfall 001 in the French Broad River to a moderate distance from the existing outfall. The change is considered a repair and maintenance, therefore an Authorization to Construct is not necessary. The new location can be noted in the renewal of your NPDES permit. If you or your staff should have any questions, please call me or Wanda Frazier at 828-296- 4500. Sincerely, Roger C. Edwards, Regional Supervisor Enclosure Surface Water Protection Section cc: Shannon Langley, PEB4 Seth Robertson, Kim Colson — Construction Grants Jeff Poupart Asheville Files S:\SWP\Buncombe\Wastewater\Industrial\Progress Energy 00396\relocation of outfall 5-12-11.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 Natutallll Internet:www.ncwaterguality.or-q `/ -swifn, NCDEINR 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 May 13, 2011 Mr. Brian Cauthren Festiva Development Group, Inc. 1 Vance Gap Road Asheville, NC 28805 Subject: Permit No. W00035352 Festiva Development Group, Inc. Blue Ridge Village III Wastewater Collection System Extension Avery County Dear Mr. Cauthren: In accordance with your application received April 27, 2011, we are forwarding herewith Permit No. WQ0035352, dated May 13, 2011, to Festiva Development Group, 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 therefore incorporated therein by reference. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NoftilClfolina Phone: (828)296-4500 FAX: 828 299-7043 Customer Service: 1-877-623-6748 Naturally Internet: www.ncwate[quality.orq Festiva Development Group, Inc. May 13, 2011 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Caro. as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Festiva Development Group, Inc. for the construction and operation of approximately 375 linear feet of 8 inch gravity sewer to serve two (three-bedroom) cottages (#31 &#32) as part of Blue Ridge Village III, and the discharge of 720 gallons per day of collected domestic wastewater into the Carolina Water Services, Inc. of North Carolina - Sugar Mountain WWTP and existing pump station# 1, pursuant to the application received April 27, 2011 and in conformity with 15A NCAC 2H .0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Carolina Water Services, Inc. of North Carolina-Sugar Mountain Wastewater Treatment Facility (Permit No. NC0022900) prior to being discharged into the receiving stream. This permit shall become voidable unless the agreement between Festiva Development Group, Inc. and Carolina Water Services, Inc. of North Carolina— Sugar Mountain WWTP for the collection and final treatment of wastewater is in full force and effect. 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 Wanda Frazier at (828) 296-4662. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Avery County Health Department Asheville Regional Office- NCO022900 CWS Sugar Mountain C. Chris Day, P.E. - Civil Design Concepts, PA Martin Scalon - Carolina Water Services, Inc. of North Carolina Division of Water Quality Central Files PERCS Files S:\SWP\Avery\Collection Systems\Sugar Mountain Collection System\W00035352 Blue Ridge Village III 5-16-11.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 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2H .0227. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H .0227: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. 1 PERMIT NO W00035352 - Festiva Development Group, Inc. — Blue Ridge Village III —Avery Co—May 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 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. -� 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 2 ( NO. WQ0035352 - Festiva Development Group, Inc - Blue Ridge Village III-Avery Co-May 13 2011 i 1. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps; line blockage or breakage, etc.; or b. Any 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. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined, a slope variance can be requested from the Division with firm supporting documentation. This shall be done through a permit modification with fee. Such variance requests will be evaluated on a case by case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification. Permit issued this the 13th DAY OF May, 2011 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 17 for Col en H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0035352 3 PERMIT NO W00035352 - Festiva Development Group Inc — Blue Ridge Village III —Avery Co—May ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: 375 linear feet of 8-inch gravity sewer to serve two (three-bedroom) cottage, (#31 &#32) as part of Blue Ridge Village III. Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings(plan & profile views of sewer lines)of the wastewater collection system extension; • Supporting design calculations(selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project; • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑weekly, ❑ full time) the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within ) substantial compliance of this permit; 15A NCAC 2H .0200; the Division of Water Quality's(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ...................................................................................................................... SEND THIS FORM&SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS: ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ........................................................................................................................................ The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. 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 May 16,2011 CERTIFIED MAIL - RETURN RECEIPT REQUESTED 7010 1870 0003 0874 6666 Mr. Chuck Summey Town of Forest City P.O. Box 728 Forest City, North Carolina 28043-0728 Subject: NOTICE OF VIOLATION/ NOTICE OF INTENT TO ENFORCE NOV-2011-DV-0139 Permit No.WQCS00050 Town of Forest City Forest City Collection System Rutherford County Dear Mr. Summey: A review has been conducted of Forest City Collection System's self reported Sanitary Sewer Overflows (SSO's) 5-Day Report submitted by the Town of Forest City. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00050 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type CSO/SSO (Sewer Overflow) 04/05/2011 Sanitary Sewer Overflow Discharge NOV-2011-DV-0139 16,500 Gallons Total Without Valid Permit Incident# 201101003 April 2011 SSO (16,500 Gallons to Forest Lake Branch) 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 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 C. Edwards Surface Water Protection Section Supervisor Division of Water Quality Asheville Region Cc: DWQ Asheville Files - DWQ Central Files PERCS Unit SASWP\Rutherford\Collection SysterrtsTorest City Collection System\N0V-N0I-2011-DV-0139.doc 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 J� y� // Internet: www.ncwaterquality.org � atu all y An Equal Opportunity 1 Affirmative Action Employer �, ice; ,. ,�, A4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary May 16,2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 6642 Mr. Larry Callicutt Town of Bryson City P.O. Box 726 Bryson City, North Carolina 28713 Subject: NOTICE OF VIOLATION/ NOTICE OF INTENT TO ENFORCE NOV-2011-DV-0141 Permit No.WQCS00170 Town of Bryson City Bryson City Collection System Swain County Dear Mr. Callicutt: A review has been conducted of Bryson City Collection System's self reported Sanitary Sewer Overflows (SSO's)5-Day Report submitted by the Town of Bryson City. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00170 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type CSO/SSO (Sewer overflow) 04/28/2011 Sanitary Sewer Overflow Discharge NOV-2011-DV-0141 15,000 Gallons Total Without Valid Permit Incident# 201100935 April 2011 SSO (15,000 Gallons to the Tuckaseigee River) 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 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, r .t,, Roger (�C. Edwards Surface Water Protection Section Supervisor Division of Water Quality Asheville Region Cc: DWQ Asheville Files DWQ Central Files PERCS Unit SASWF`\Swain\Collection Systems\Bryson City Collection Systern\NOV-NOI-2011-DV-0141.doc One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 N0 Carolina Phone:828-296415001 FAX:828-299-70431 Customer Service:1-877-623-6748 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 May 16, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 6659 Mr.Joseph M .Moore, II, E P City of Brevard 95 West Main Street Brevard, North Carolina 28712 Subject: NOTICE OF VIOLATION/ NOTICE OF INTENT TO ENFORCE NOV-2011-DV-0142 Permit No.WQCS00084 City of Brevard Brevard Collection System Transylvania County Dear Mr.Moore: A review has been conducted of Brevard Collection System's self reported Sanitary Sewer Overflows (SSO's)5-Day Report submitted by the City of Brevard. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00084 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type CSO/SSO(Sewer Overflow) 04/16/2011 Sanitary Sewer Overflow Discharge Without NOV-2011-DV-0142 116,088 Gallons Total Valid Permit Incident# 201100989 April 2011 SSO (101,088 Gallons to Singing Branch) 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 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 C. Edwards Surface Water Protection Section Supervisor Division of Water Quality Asheville Region Cc: DWQ Asheville Files DWQ Central Files PERCS Unit S:1SWPVI-ransylvania\Collection SystemstBrevard Collection System\NOV-1\101-2011-DV-0142.doe Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One NOrthCarOl�na Phone: 6 45001 FAX:828-299-70431 Customer Service:1-877-623-6748 �gturq��� Internet:: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer j__..\ I��i �`' ___._ .®or grt�ew�. NCQENR North Carolina Department of Environment and Natural Resources Division of Water Quality Ay Eaves Perdue Coleen H. Sullins Dee Freeman ivernor Director Secretary May 16, 2011 Edward F. and Natile Safee 2748 West Club Boulevard Lake Toxaway,North Carolina 28747 Subject: 401 Water Quality Certification -Approval Safee Boathouse and Seawall DWQ Project# 11-0286 Transylvania County SAV02 /Toxaway River(Lake Toxaway)/4-(1)/Class B, Tr Dear Mr. and Mrs. Safee: 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 waters for the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the ttached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3689. This Certification allows you to use Nationwide Permit 13 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to) Erosion and Sediment Control and Trout Buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Shoreline Stabilization- 0.15 (acres) Application Item 01 natural rock Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One t. t Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 NortllCc`1rO1111a Internet:www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Nah a!lff Safee Residence May 16,2011 Page 2 of 2 Additional Conditions • Your seawall shall be constructed as a"dry stack"natural stone wall (the requested boat slip can constructed out of pre-cast concrete block). No "live"concrete shall come in direct contact with any\, surface waters. • A turbidity curtain or other barrier shall be in place lake ward of any work performed in the wetted area. • A rip-rap apron shall be placed in front of all constructed seawalls, at a 2:1 slope extending water ward to provide wildlife habitat. Please reference attached diagram. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at 828-296-4657. Sincerely, Coleen H. Sullins, Director CHSlkhb Eric: GC3689 Certificate of Completion Dry Stack Boulder Wall Design Guidelines cc: USACE Asheville Regulatory Field Office 401 Permitting Unit—Central Office David McHenry—NC Wildlife Resources Commission File Copy S:\S WP\Transylvania\401 s\Non-DOT\Safee.Toxaway\Safee.Appv1.05-16-11.doc Awn RMENR North Carolina Department of Environment and Natural Resources Division of Water Quality irly Eaves Perdue Coleen H. Sullins Dee Freeman ,overnor Director Secretary May 16, 2011 Jim Caldwell Granite Hardwoods Inc PO Box 226 Granite Falls NC 28630 SUBJECT: NPDES Stormwater Permit Compliance Inspection Granite Hardwoods Incorporated Permit No: NCG210103 Caldwell County Dear Mr. Caldwell: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on April 14, 2011. The facility was found to be in compliance with permit NCG210103. Enclosed is a copy of the Compliance Inspection Report, which contains additional observations and comments for your reference. Please contact me at (828) 296-4560 or linda.wiggsgncdenr.g_ov, if I can be of any further assistance. Sincerely, Linda Wiggs Environmental Specialist Surface Water Protection Enclosure cc: Central Files Asheville Files S:\S WP\Caldwell\Stormwater\NCG21 Timber\GraniteHardwood\CEI letter4-2011.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 1�,T North Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 One 1�Ol't11Cc`lr011lld Internet:www.ncwaterquality.org An Equal Opportunity\Affirmative Action Employer ARtLLl�rally /� � � �_l ��� \, Compliance Inspection Report .mit: NCG210103 Effective: 08/01/08 Expiration: 07/31/13 Owner: Granite Hardwoods Inc SOC: Effective: Expiration: Facility: Granite Hardwoods Incorporated County: Caldwell Hwy 321 A Region: Asheville Granite Falls NC 28630 Contact Person: Jim Caldwell Title: Phone:828-396-3395 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 04/14/2011 Entry Time 10:00 AM Exit Time: 12:20 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: Timber Products Stormwater Discharge COC Facility Status: ■Compliant 0 Not Compliant Question Areas: 0 Storm Water (See attachment summary) Page: 1 Permit:NCG210103 Owner-Facility:Granite Hardwoods Inc Inspection Date: 04/14/2011 Inspection Type:Compliance Evaluation Reason for Visit:Routine Inspection Summary: Walked site with Jim Caldwell. Facility is mostly under cover. There is one SDO which is difficult to sample, a very heavy grate has to be lifted in order to sample. Stormdrain system connects to adjacent industry(Associated Hardwood/Jordan Holman). Facility sample results from 6-15-10 were compliant. There are a couple of areas, as noted in photos taken during inspection,where housekeeping may need to be improved if future samples indicate benchmark exceedances. However,the facility on the day of inspection appeared to be well maintained. Page: 2 Permit:NCG210103 Owner-Facility:Granite Hardwoods Inc ,nspection Date:04/14/2011 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? ■ ❑ ❑ ❑ #Does the Plan include a General Location(USGS)map? ■ ❑ ❑ ❑ #Does the Plan include a"Narrative Description of Practices"? ■ ❑ ❑ ❑ #Does the Plan include a detailed site map including outfall locations and drainage areas? ■ ❑ ❑ ❑ #Does the Plan include a list of significant spills occurring during the past 3 years? ■ ❑ ❑ ❑ #Has the facility evaluated feasible alternatives to current practices? ■ ❑ ❑ ❑ #Does the facility provide all necessary secondary containment? ■ ❑ ❑ ❑ #Does the Plan include a BMP summary? ■ ❑ n n #Does the Plan include a Spill Prevention and Response Plan(SPRP)? ■ ❑ ❑ ❑ #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ ❑ ❑ ❑ #Does the facility provide and document Employee Training? ■ ❑ ❑ ❑ #Does the Plan include a list of Responsible Party(s)? ■ ❑ ❑ ❑ #Is the Plan reviewed and updated annually? ❑ ■ ❑ ❑ #Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ ❑ ❑ Comment: SPPP is sufficient but needs updating. It does appear to be documented that it is reviewed annually, but it has not been updated. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ ❑ ❑ Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ ❑ ❑ ❑ #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ ❑ Comment: Permit and Outfalls Yes No NA NE #Is a copy of the Permit and the Certificate of Coverage available at the site? ❑ ■ ❑ ❑ #Were all outfalls observed during the inspection? ■ ❑ ❑ ❑ #If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ ■ ❑ #Has the facility evaluated all illicit(non stormwater)discharges? ■ ❑ ❑ ❑ Page: 3 Permit:NCG210103 Owner-Facility:Granite Hardwoods Inc Inspection Date:04/14/2011 Inspection Type:Compliance Evaluation Reason for Visit:Routine Comment: Current permit was not with SPPP. Mr. Caldwell stated it was probably in the owners office. I left him with a cc of current permit. Page: 4 T gA .wi NC®ER North Carolina Department of Environment and Natural Resources Division of Water Quality ,rly Eaves Perdue Coleen H. Sullins Dee Freeman ivernor Director Secretary May 16, 2011 MGM of Lenoir-John Moore 3390 Gaither Walker Circle Lenoir,NC 27645 Subject: 401 Water Quality Certification - Approval US 321 Driveway DWQ Project# 11-0123 Caldwell County CTB/UT Zacks Fork/ 11-39-1 /C Dear Mr. Moore: 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 75 feet of streams for the purpose of ommercial driveway at the subject property. This approval requires you to follow the conditions listed in the attached Certification, especially Conditions #1 and 6, as well as any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3821. 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 Stormwater 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 75 (feet) (PCN) 31 Plans 4/2011 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 �ttr y,Cc`1PO11I1� Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 Internet:www.ncwaterqualiV.org Nt�rtli An Equal Opportunity 1 Affirmative Action Employer Naturallrf John Moore May 16,2011 Page 2 of 2 Additional Conditions 1. Turbidity Standard The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in A NCAC 2B. .0200. Appropriate sediment and erosion control practices must be used to meet this standard. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Linda Wiggs in the Asheville Regional Office at 828-296-4500. Sincerely, Coleen H. Sullins, Director CHS/Isw Eric: GC3821 Certificate of Completion cc: USACE Asheville Regulatory Field Office 401 Permitting Unit—Central Office File Copy SASWP\Ca1dwe11\401s\Non-DOT\Hwy 321 Driveway\Approval.H WY 321Drive.May2011.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality ;rly Eaves Perdue Coleen H.Sullins wernor Director Dee Freeman Secretary May 16, 2011 Daniel Cobb, Planning/Asst. Zoning Administrator Town of Brevard 95 West Main Street Brevard,North Carolina 28712 Subject: 401 Water Quality Certification -Approval French Broad River Stabilization at Hap Simmons Park DWQ Project#2011-0338 Transylvania County French Broad/French Broad River/6—(27)/Class B Dear Mr. Cobb: 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 1,350 feet of streams for the purpose of bank stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3689. This Certification allows you to use Nationwide Permit 13 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 stormwater 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 1,350 (feet) Plan C. 3.a. S1 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 file Phone:828-296.45001 FAX:828-299-70431 Customer Service:1-877-623-6748 NorthCarolina Internet:www.newaterquality.org An Equal Opportunity 1 Affirmative Action Employer Nahmilliff French Broad River Stabilization at Hap Simmons Park May 16,2011 Page 2 of 2 Additional Conditions: 1. Turbidity Standard The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in l A NCAC 2B. .0200. Appropriate sediment and erosion control practices must be used to meet this standard. 2. No Impacts Beyond those in Application No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 3. All efforts shall be taken to protect and maintain the existing large riparian trees on-site. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at 828-296-4657. Sincerely, Coleen H. Sullins, Director CHSlkhb Enc: GC3689 Certificate of Completion cc: USACE Asheville Regulatory Field Office Dave McHenry,NC Wildlife Resources Commission 401 Permitting Unit—Central Office File Copy S:\S WP\Transylvania\401 s\Non-DOT\Brevard.HapS immonsPark\B revard.HapSimmonsPark.APVL.05.16.2011.doc/ �+�� NCDE R North Carolina Department of Environment and Natural Resources Division of Water Quality ,verly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 16, 2011 Burke County DWQ Project 20110454 NCSR 1919 (Rich Mountain Road) Approval of 401 Water Quality Certification with Additional Conditions Mr. J. J. Swain, Jr., P.E. Division 13 Engineer North Carolina Department of Transportation Post Office Box 3279 Asheville,North Carolina,28802 Dear Mr. Swain: You have our approval, in accordance with the conditions listed below, for the following impacts in an unnamed tributary to Henry Fork and three(3)unnamed tributaries to Ivy Creek for the purpose of making improvements to NCSR 1919 (Rich Mountain Road)in Burke County: Stream Impacts in the Catawba River Basin Site Permanent Fill Temporary Permanent Temporary Total Stream in Intermittent Impacts in Fill in Impacts in Stream Impacts Stream (linear Intermittent Perennial Perennial Impact Requiring ft) Stream Stream Stream (linear ft) Mitigation (linear ft) linear ft) (linear ft) (linear ft) Site 1 0 0 26 50 76 0 Site 2 0 0 20 50 70 0 Site 3 0 0 20 50 70 0 Site 4 0 0 24 50 74 0 Total 0 0 90 200 1 290 0 Total Permanent Stream Impacts for Project: 90 lin.ft. Total Temporary Stream Impacts for Project: 200 linear ft. The project should be constructed in accordance with your application dated May 10, 2011 (received May 12, 2011), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3820, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One t. 1 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOI'1I1Ca101111a '`hone:828-296-45001 FAX:828-299-70431 Customer 5ervice:1-877-623-6748 ������//� ,iternet: www.ncwaterquality.org l` An Equal Opportunity 1 Affirmative Action Employer i Mr. J.J. Swain,Jr.,P.E. May 16,2011 Page Two This approval is valid solely for the purpose and design described in your application (unless modified below). Sho'L your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must. be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre, or if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,they shall be removed and the natural grade restored upon completion of the project. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be`\;�' such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. In-stream work and land disturbance within the 25-foot buffer zone are prohibited during the trout-spawning season of October 15 through April 15 to protect the egg and fry stages of trout. 5. The permittee shall use/Design Standards in Sensitive Watersheds/[15A NCAC 413.0124(a)-(e)] in areas draining to trout waters. However,due to the size of the project,NCDOT shall not be required to meet 15A NCAC 413.0124(a) regarding the maximum amount of uncovered acres. Temporary cover(wheat,millet, or similar annual grain)or permanent herbaceous cover should be planted on all bare soil within 15 business days of ground disturbing activities, to provide erosion control. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas. For the establishment of permanent herbaceous cover,erosion control matting shall be used in conjunction with appropriate seeding on disturbed soils within the riparian area and on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control devices such as silt fence,temporary sediment ditches, basins, etc. Matting should be secured in place with staples or stakes, or wherever possible, live stakes of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid,which can impinge and entrap small animals. For the establishment of temporary groundcover within riparian areas,hydro seeding along with wood or cellulose based hydro mulch applied from a fertilizer-and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters is prohibited. Riparian areas are defined as a distance of 25-feet landward from the top of stream bank. Jr., P.E. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High Quality Waters (HQW), or Water Supply I or II (WSI, WSII) stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pretreating storm water runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. 7. Unless otherwise approved in this certification,placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches,to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction,please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 8. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 9. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 10. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 11. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 12. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 13. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 14. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 15. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 16. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants,hydraulic fluids, or other toxic materials. 17. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 19. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 20. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. A. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. Mr.J. J. Swain,Jr.,P.E. May 16,2011 Page Four 22. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherw., authorized by this certification. 23. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 24. The outside buffer,wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 25. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d)of the Clean Water Act) and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 26. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 27. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 28. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or-% civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, i—coleen H. Sullins,Director Division of Water Quality cc: Lori Beckwith,USACE,Asheville Field Office Roger Bryan, Division 13,DEO Ed Ingle,Roadside Environmental Ron Linville,NCWRC Transportation Permitting Unit 4, Asheville Regional Office 110454(Swain)NCSR 1919 Rich Mountain Road wi��a KK R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 16,2011 Mr. Lee Smith, Director of Utilities City of Hendersonville P.O .Box 1670 Hendersonville, North Carolina 28793-1670 Subject: NOTICE OF VIOLATION NOV-2011-DV-0137 Permit No. WQCS00070 City of Hendersonville Hendersonville Collection System Henderson County Dear Mr. Smith: A review has been conducted of Hendersonville Collection System's self reported Sanitary Sewer Overflows(SSO's)5-Day Report submitted by the City of Hendersonville. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00070 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type CSO/SSO (Sewer Overflow) 04/28/2011 Sanitary Sewer Overflow Discharge NOV-2011-DV-0137 182 Gallons Total Without Valid Permit Incident# 201100960 April 2011 SSO (182 Gallons to Wash Creek) 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 question regarding this policy please contact your Asheville Regional Staff or Janet Cantwell at 828-296-4500. Sincerely, 1 Roger C. Edwards Surface Water Protection Section Supervisor Division of Water Quality Asheville Region Cc: DWQ Asheville Files DWQ Central Files PERCS Unit S:\SWP\Henderson\Callection Systems\Hendersonville CS\NOV-2011-DV-0137.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NOYtl1Carolina Phone:(828)296-4500\FAX:828 299-7043\Customer Service:1-877-623-6748 �atura � Internet:www.ncwaterguality.or4 [L A' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality ;rly Eaves Perdue Coleen H.Sullins Dee Freeman wernor Director Secretary May 16, 2011 David C. Norton 574 North East Shore Drive Lake Toxaway,North Carolina 28747 Subject: 401 Water Quality Certification -Approval Norton Boathouse and Seawall DWQ Project# 11-0240 Transylvania County SAV02/Toxaway River(Lake Toxaway) /4-(1)/ Class B, Tr Dear Mr. Norton: 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 waters for the purpose of shoreline stabilization and aquatic boat storage at the subject property. This approval requires you to follow the ,onditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3689. This Certification allows you to use Nationwide Permit 13 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control and Trout Buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Boat Slip Excavation and 0.01 (acres) Application Item Ol Shoreline Stabilization— natural rock Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296A5001 FAX:828-299-70431 Customer Service:1-877-623-6748 NorthCarolina Internet:www.ncwaterquality.org NaturallyAn Equal Opportunity 1 Affirmative Action Employer David C.Norton May 16,2011 Page 2 of 2 Additional Conditions • Your seawall shall be constructed as a"dry stack"natural stonewall (the requested boat slip can be'' , constructed out of pre-cast concrete block). No "live" concrete shall come in direct contact with any surface waters. • A turbidity curtain or other barrier shall be in place lake ward of any work performed in the wetted area. • A rip-rap apron shall be placed in front of all constructed seawalls, at a 2:1 slope extending water ward to provide wildlife habitat. Please reference attached diagram. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at 828-296-4657. Sincerely, Coleen H. Sullins, Director CHSlkhb Eric: GC3689 Certificate of Completion Dry Stack Boulder Wall Design Guidelines cc: USACE Asheville Regulatory Field Office 401 Permitting Unit—Central Office David McHenry—NC Wildlife Resources Commission File Copy S:\S WP\Transylvania\401 s\Non-DOT\Norton.Toxaway\Norton.Appv1.05-16-1 l.doc -..' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 16, 2011 Mr. Lee Smith, Director of Utilities City of Hendersonville P.O. Box 1670 Hendersonville, North Carolina 28793-1670 Subject: NOTICE OF VIOLATION NOV-2011-DV-0133 Permit No. WQCS00070 City of Hendersonville Hendersonville Collection System Henderson County Dear Mr. Smith: A review has been conducted of Hendersonville Collection System's self reported Sanitary Sewer Overflows (SSO's)5-Day Report submitted by the City of Hendersonville. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00070 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type CSO/SSO (Sewer Overflow) 04/16/2011 Sanitary Sewer Overflow Discharge NOV-2011-DV-0133 720 Gallons Total Without Valid Permit Incident# 201100978 April 2011 SSO (720 Gallons to Wash Creek) 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. Sincerely, aa Roger C. Edwards Surface Water Protection Section Supervisor Division of Water Quality Asheville Region Cc: DWQ Asheville Files DWQ Central Files PERCS Unit SVv'P',.}ieudersi»a f'o(lieiiiitt Symems",hlendersonvilie CS"INOV-20t I-DV-0133.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 a�a Internet:www.ncwaterguality.org ;/V `full!/[Ly /� r-�� %! 1\ " NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 16, 2011 Mr. Joe Collins, Mayor Town of Franklin P.O .Box 1479 Franklin, North Carolina 28744 Subject: NOTICE OF VIOLATION NOV-2011-DV-0134 Permit No. WQCS00101 Town of Franklin Franklin Collection System Macon County Dear Mr. Collins: A review has been conducted of Franklin Collection System's self reported Sanitary Sewer Overflows (SSO's)5-Day Report submitted by the Town of Franklin. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00101 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type CSO/SSO (Sewer Overflow) 04/17/2011 Sanitary Sewer Overflow Discharge NOV-2011-DV-0134 500 Gallons Total Without Valid Permit Incident# 201100855 April 2011 SSO 500 Gallons to the creek 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. Please respond in writing within 15 days of receipt of this letter with a detailed description of how the volume of the spill was determined. Additionally, please respond in writing when the pump station repair is completed. In the future, please begin using the latest copy of the SSO Spill Report which can be found on the DWQ Website,or call this office for a copy. 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. Sincerely, & 6 Roger C. Edwards Surface Water Protection Section Supervisor Division of Water Quality Asheville Region Cc: DWQ Asheville Files DWQ Central Files PERCS Unit S:\SWFI Macon\Wastewater\Municipal\Franklin WWTP 21547\NOV-2011-QV-0134.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 a,R�u1,R//� Internet:www.ncwatercivality.org �/V L` r -. �_: NQENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 16, 2011 Mr. Layton Schuh Clay County Water& Sewer District P.O. Box 118 Hayesville, North Carolina 28904 Subject: NOTICE OF VIOLATION NOV-2011-DV-0135 Permit No. WQCSD0246 Clay County Water&Sewer District Clay County W& S Collection System Clay County Dear Mr. Shcuh: A review has been conducted of Clay County Water& Sewer District's self reported Sanitary Sewer Overflows (SSO's) 5-Day Report submitted by Clay County Water& Sewer District. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCSD0246 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type CSO/SSO (Sewer Overflow) 04/28/2011 Sanitary Sewer Overflow Discharge Without Valid <4,000 Gallons Total NOV-2011-DV-0135 Permit Incident# 201100948 April 2011 SSO <1,000 Gallons to Town Creek 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 question regarding this policy please contact your Asheville Regional Staff or Janet Cantwell at 828-296-4500. Sincerely, � u Roger C. Edwards Surface Water Protection Section Supervisor Division of Water Quality Asheville Region Cc: DWQ Asheville Files DWQ Central Files PERCS Unit S:\SWP\Clay\Collection SystemsiClay County W&S Collection System\NOV-2011-DV-0135.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 ,R�ul,�//a � Internet:www.ncwaterouality.org �/V tL '� i AVilAr NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 16, 2011 Mr. Chuck Summey Town of Forest City P.O. Box 728 Forest City, North Carolina 28043-0728 Subject: NOTICE OF VIOLATION NOV-2011-DV-0136 Permit No. WQCS00050 Town of Forest City Forest City Collection System Rutherford County Dear Mr. Summey: A review has been conducted of Forest City Collection System's self reported Sanitary Sewer Overflows(SSO's) 5-Day Report submitted by Town of Forest City. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00050 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type CSO/SSO (Sewer Overflow) 04/2 912 0 1 1 Sanitary Sewer Overflow Discharge NOV-2011-DV-0136 1,500 Gallons Total Without Valid Permit Incident# 201100941 April 2011 SSO (1,500 Gallons to Brackett Creek) 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 question regarding this policy please contact your 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 Bob Daniels/ORC S:\SV P\Rtitiierfordl oliection Systems%Forest City Collection System,NOV-2011-DV-0136.doc; SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NOrthCarollna Phone:(828)296-4500\FAX:828 299-7043\Customer Service:1-877-623-6748 �aturatl� Internet:www.ncwaterguality.orq �� `t:% / �. �.�;; A 'A ,a=� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality ,everly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 17, 2011 Mr. AI Kopf City of Asheville P.O. Box 7148 Asheville, North Carolina 28802-7148 Subject: NOTICE OF VIOLATION NOV-201 1-MV-0096 Permit No. NCO056961 DeBruhl WTP Buncombe County Dear Mr. Kopf: A review of DeBruhl WTP's monitoring report for January 2011 showed the following violation: Parameter Date Measuring Violation Frequency Flow Week ending 01/29/2011 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 within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be 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 Ms. Leslie Carreiro/City of Asheville S:1SWP1Buncombe\Wastewater\Municipal\DeBruhl WTP(Bee Tree)569611NOV-2011-MV-0096.rioc No thCarolina )Vatdmrally 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 NCDEINR North Carolina Department of Environment and Natural Resources Division of Water Quality ,erly Eaves Perdue Coleen H. Sullins Dee Freeman jovernor Director Secretary May 17,2011 Mr. J. B. Setzer,P.E. Division 14 Engineer N.C. Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection NCSR 1783 Upward Road DWQ Project 08-1327 TIP No. R-4430 Henderson County Dear Mr. Setzer: On May 5,2011, 1 inspected the construction work on Upward Road between US Highway 176 and Howard Gap Road in Henderson County. Construction work is underway all along Upward Road between Howard Gap Road and US Highway 176. Please ensure that all sediment and erosion control structures are being maintained as required and that seeding and mulching are being performed as needed,to protect State surface waters. Please refer to the attached copy of the inspection report for additional comments regarding the inspection. If you have questions,please call me at 828-296-4500. Sincerely, Michael R. Parker Environmental Senior Specialist Attachment cc: Aaron Powell Mark Davis, Division 14,DEO Ed Ingle, Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office Upward Road R-4430 Inspection Letter May 2011 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 NOIh CaL0l121c't Internet:www.ncwaterauality.orq An Equal Opportunity 1 Affirmative Action Employer Nah(rallY DWQ Site Visits for DOT Proiects Field Sheet DWQ representative: Michael R.Parker Date: May 5,2011 71 County: Henderson Region: Asheville DOT Division: Division 14 Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #: 08-1327 NW Permit#: 13, 12, 14 IP#: Project Name: Upward Road Widening Project R-4430 Location of Project: Upward Road(NCSR 1783)between US Highway 176 and Howard Gap Road 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 X❑Bank Stabilization ❑ Other Additional Wetland Impacts: ❑yes X❑no Estimated Acres ❑Zone 1 Est Acres 1 7 ❑ 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 J f NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality arly Eaves Perdue Coleen H. Sullins Dee Freeman .overnor Director Secretary May 17, 2011 Mr. J. B. Setzer, P.E. Division 14 Engineer N.C. Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection US Highway 25 DWQ Project 08-1754 TIP No. R-505 Henderson County Dear Mr. Setzer: On May 5, 2011, I inspected the construction work on US Highway 25 between Interstate 26 and NC Highway 225 in Henderson County. Construction is taking place all along the project but most of the work is located at or near the new bridge over US Highway 176. Please 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 copy of the inspection report for additional comments regarding the inspection. If you have questions, please call me at 828-296-4500. Sincerely, W_e -1�6hrt4_ Michael R. Parker Environmental Senior Specialist Attachment cc: Aaron Powell Mark Davis, Division 14,DEO Ed Ingle, Roadside Environmental Transportation Permitting Unit Mike Parker, Asheville Regional Office US 25 Inspection Letter May 2011 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 t 77 Customer Service:1-877-623-6748 NOI"C�1CaT011lla Internet:www.ncwateraualitv.orq '/����� An Equal Opportunity 1 Affirmative Action Employer �atti /� � i ,, �_ DWO Site Visits for DOT Protects Field Sheet DWQ representative: Michael R.Parker —� Date: May 5,2011 County: Henderson Region: I Asheville DOT Division: Division 14 Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #: 08-1754 NW Permit#: IP#: Project Name: U S Highway 25-I-26 Connector R-505 Location of Project: US Highway 25 from NC 225 near Zirconia to Interstate 26 in Henderson County Project Complete:. ❑Yes X No If no, estimated date of completion: Activities(DOT): Water Quality Concerns(DWQ): ❑Bridge ❑ Steam Standards Violation X❑ Culvert X❑ Turbidity ❑Bottomless Culvert ❑ Evidence of spills ❑ Bottomless Arch ❑ Oil/Petroleum X❑Riprap Inlet/Outlet Stabilization ❑ Solid Waste ❑ Spoil Pile ❑Failed E& S control measures ❑ Borrow Pit X❑ Sedimentation Impacts ❑ Wetland Mitigation ❑ Stormwater Permit Violation ❑ Stream Restoration X❑ Fill ❑ On-site Stream Relocation ❑ Buffer Impacts (see below) ❑ Buffer Restoration ❑ Other X❑ Bank Stabilization ❑ Other Additional Wetland Impacts: ❑yes X❑ no Estimated Acres ❑Zone 1 Est Acres ❑Zone 2 Est Acres Additional Stream Impacts: ❑yes X❑ no Est Linear feet Estimated linear feet of impact: Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact I ft/ ac Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited DWQ Site Visits for DOT Projects Background Info Name of Waterway(s): Laurel Creek,Green River,Bat Fork,King Creek,Freeman Creek, Lake Summit,Hill Branch,Jones Branch,Mill Creek,Laurel Branch, Jones Creek Basin/Subbasin: Broad 030501 Wetland Type: ❑1solated x❑Non-Isolated(Waters of US) Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB X❑Class C ❑ORW X❑Trout ❑WS-III ❑NSW X❑HQW ❑WS-I ❑WS-IV RSA FICA Type of Authorized.Impact: X❑Culvert ❑Bottomless Culvert ❑Bridge ❑Bottomless Arch X❑Riprap Inlet/Outlet Stabilization X❑Fill Authorized Wetland Impacts: X❑0— 1/10'h acre ❑1/11"'to 1/3`d acre ❑1/3`d to 1.0 acre ❑> 1.0 acre Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet 1,346 linear feet Additional comments: 1. Construction work is proceeding all along the project. 2.Seed,mulch and/or matt all disturbed areas on the project. 3.Continue to maintain all sediment and erosion control devices and seed,mulch and matt all disturbed areas to protect State surface waters. US Highway 25 Inspection May 2011 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary May 17, 2011 Mack W. Edmisten, Public Utilities Director City of Lenoir P.O. Box 958 Lenoir, N.C. 28645 Subject: Permit No. WQ0035363 City of Lenoir Fairview Drive Bridge Replacement Utility Relocation Wastewater Collection System Extension Caldwell County Dear Mr. Edmistein: In accordance with your application received May 9, 2011, we are forwarding herewith Permit No. WQ0035363, dated May 17, 2011, to the City of Lenoir 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 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 City of Lenoir May 17, 2011 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the City of Lenoir for the construction and operation of approximately 297 linear feet of 8- inch gravity sewer to serve replacement and relocation of existing sewer as part of the Fairview Drive Bridge Replacement Utility Relocation project, and the discharge of 0 gallons per day of collected domestic wastewater into the City of Lenoir's existing sewerage system, pursuant to the application received May 9, 2011 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 Lenoir's Lower Creek Wastewater Treatment Facility (Permit No. NC0023981) 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 Mr. Don Price at (828) 296-4500. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Caldwell County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0023981) Joel A. Whitford, P.E./McGill Associates, PA Surface Water Protection Section Central Files PERCS Files SASWMCaldwell\Collection Systems\Lenoir Collection System\W00035363 Fairview Drive Bridge Replacement 05 17 2011.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.WQ0035363,City of Lenoir, Fairview Drive Bridge Replacement Utility Relocation,Caldwell County May 17,2011 4. This permit shall not be transferable. In the event there is a desire for the wastewater collect., facilities to change ownership, or there is a name change of the Permittee, a formal permit reques 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 WQ0035363,City of Lenoir,Fairview Drive Bridge Replacement.Utility Relocation,Caldwell County May 17,2011 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 17th day of May, 2011 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Coleen H. Sullins, Di66ctor Division of Water Quality By Authority of the Environmental Management Commission Permit Number W00035363 3 PERMIT NO.WQ0035363, City of Lenoir,Fairview Drive Bridge Replacement Utility Relocation,Caldwell County May 17,2011 ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: permission is hereby granted to the City of Lenoir for the construction and operation of approximately 297 linear feet of 8-inch gravity sewer to serve replacement and relocation of existing sewer as part of the Fairview Drive Bridge Replacement Utility Relocation project, and the discharge of 0 gallons per day of collected domestic wastewater into the City of Lenoir'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 t been authorized to observe (❑ periodically, ❑ weekly, ❑full time)the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ................................................................................................ The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality .jeverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 17, 2011 Dr. Jeff Church, Assistant Superintendent, Auxiliary Services Caldwell County Schools 1914 Hickory Boulevard Lenoir, North Carolina 28645 Subject: NOTICE OF VIOLATION NOV-201 1-LV-01 82 Permit No. NCO041157 Gateway Alternate School WWTP Caldwell County Dear Dr. Church: A review of Gateway Alternate School's WWTP monitoring report for December 2010 showed the following violation: Parameter Date Limit Value Reported Limit Type Value Flow, in conduit or thru 12/31/2010 0.004 mgd 0.005 mgd Monthly Average treatment plant I Exceeded 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. Please review the Flows for the December 2010 DMR and submit a written response within 10 days of receipt of this letter to this Office explaining why the Monthly Average Flow was exceeded. 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, ;;W,�V,/,t e&le- F Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files Water Tech Labs/ ORC DO S:\SWP\Caldwei[\Wastewater\Minors\Gateway Alternate School 411571NOV-2011-LV-018Zdoc 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.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 �\ �/ ��i 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality arly Eaves Perdue Coleen H. Sullins Dee Freeman jovernor Director Secretary May 17, 2011 Mr. J. B. Setzer, P.E. Division 14 Engineer N.C.Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection-NCSR 1890 Hungry Creek Road DWQ Project 09-1205 TIP No. B-2988 Haywood County Dear Mr. Setzer: On May 2, 2011, I inspected the construction work at the new bridge site on NCSR 1890,Hungry Creek Road in Haywood County. Approximately one half of the new bridge has been constructed and traffic has been rerouted to the new bridge section. Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached to this letter. If you have questions, please call me at 828-296-4500. Sincerely, Michael R. Parker Environmental Senior Specialist Attachment cc: Mitchell Bishop, P.E. Mark Davis, Division 14, DEO Ed Ingle, Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office (Setter)NCSR 1890 B-2988 Inspection Letter May 2011 SURFACE WATER PROTECTION SECTION-Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 1�TOne L, 11 Customer Service:1-877-623-6748 NOI'1I1C�r01.1I1 Internet:www.ncwaterguality.org �f�tlll'f���l� An Equal Opportunity 1 Affirmative Action Employer \:/J \�. .� DWQ Site Visits for DOT Proiects Field Sheet DWQ representative: Michael R.Parker Date: May 2,2011 County: Polk Region: Asheville 1 DOT Division: Division 14 Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #: 09-1205 NW Permit#: 23 and 33 IP Project Name: NCSR 1890 Hunary Creek Road B-2988 Location of Project: From the intersection of NC Hwy 110 and US Hwy 276 south of Canton,NC travel approximately 5 miles. NCSR 1890 is on the left side of US 276. Project Complete: ❑Yes X No If no,estimated date of completion: Activities(DOT): Water Quality Concerns(DWQ): X❑ Bridge ❑ Steam Standards Violation ❑ Culvert X❑ Turbidity ❑ Bottomless Culvert ❑ Evidence of spills ❑ Bottomless Arch ❑ Oil/Petroleum ❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste ❑ Spoil Pile ❑Failed E& S control measures ❑ Borrow Pit X❑ Sedimentation Impacts ❑ Wetland Mitigation ❑ Stormwater Permit Violation ❑ Stream Restoration X❑ Fill ❑ On-site Stream Relocation ❑Buffer Impacts(see below) ❑ Buffer Restoration ❑ Other X❑ Bank Stabilization X❑Other Temp. Causeway 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): East Fork Pigeon River Basin/Subbasin: French Broad River 040305 Wetland Type: ❑Isolated ❑Non-Isolated(Waters of US) Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB ❑Class C ❑ORW X❑Trout X❑WS-III ❑NSW ❑HQW ❑WS-I ❑WS-IV RSA ❑CA Type of Authorized Impact: ❑Culvert ❑Bottomless Culvert X❑Bridge ❑Bottomless Arch ❑Riprap Inlet/Outlet Stabilization X❑Fill Authorized Wetland Impacts: ❑0— 1/10`h acre ❑1/1 ld'to 1/3`d acre ❑1/3`d to 1.0 acre ❑> 1.0 acre Authorized Stream Impacts: X❑< 150 linear feet ❑> 150 linear feet Additional comments: Reviewed project with DOT on-site inspector. One half of the new bridge has been completed and traffic has been rerouted to the new section of bridge. Maintain erosion control devices and continue with seeding and matting as required to protect State surface waters. Care should be taken when removing the old timber bents adjacent to the river. B-2988 NCSR 1890 May 2011 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality ,everly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 17, 2011 Mr. Gregory Taveras, Manager of Operations K-T Feldspar Corporation 8342 S. 226 Pypass P.O. Box 309 Spruce Pine, North Carolina 28777 Subject: NOTICE OF VIOLATION NOV-201 1-LV-01 84 Permit No. NC0000400 K-T Feldspar Corp-Spruce Pine Mitchell County Dear Mr. Taveras: A review of K-T Feldspar Corp-Spruce Pine's monitoring report for December 2010 showed the following violation: Parameter Date Limit Value Reported Limit Type Value Solids, Total Suspended - 12/01/2010 2,480 Ibs/day 11,235 Daily Maximum Quantity Daily I Ibs/day 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 828/296-4600. Sincerely, X, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files S:\SWPIMitche(I\Wastewater\lndustriai\i<-T Feldspar 00400\N0V-2011-LV-0184.doc N06LCarolina 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 Oil NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary May 18, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED - 70101870 0003 0874 6673 Mr. John Jacobs Lipsey Mountain Spring Water 453 Depot Street Franklin,North Carolina 28734 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Lipsey Mountain Spring Water NCR003168 NOV-2011-SS-0020 Construction Stormwater Permit—NCG010000 Stream Standard Violation- Other Waste (In-stream sediment) Macon County Response deadline: June 10,2011 Dear Mr. Jacobs: The Division of Water Quality has received information from the Macon County Sediment and Erosion Control program (a delegated Division of Land Resources program) indicating that you and/or your firm have been found in violation of the North Carolina Sedimentation Pollution Control Act(Act), due to land-disturbing activities for which you are responsible. The violations reported by the Macon County Sediment and Erosion Control Program, also place you in violation of the National Pollution Discharge Elimination System (NPDES) Construction Stormwater Permit NCGO 10000. As indicated in the inspection report, DLR personnel documented violations of your Erosion and Sedimentation Control (E&SC) Plan and sediment damage to a stream. Sediment deposition to waters of the State is considered a violation of water quality standards. VIOLATIONS I. Construction Stormwater PermitNCG010000 -A Construction Stormwater Permit (NCGO10000) is applicable to all point source discharges of stormwater from construction activities disturbing one or more acres of land. Prior to the commencement of construction and land-disturbing activities, approval of an Erosion and Sedimentation Control (E&SC) SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna Phone:828-296-4500t FAX:828-299-70431 Customer Service:1-877-623-6748 "r���� Internet: www.ncwaterquality.org K` An Equal Opportunity 1 Affirmative Action Employer Naturally Lipsey Mountain Spring Water May 18,2011 Page 2 of 3 Plan shall be obtained from the local delegated program. The permittee shall implement and maintain the approved E&SC Plan. a. Failure to adhere to an approved E&SC Plan (Part I Section A: No. 2.) b. Failure to operate and maintain stormwater controls to optimum efficiency (Part I Section C. No. 2) II. Stream Standard Violation -Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f—An indeterminate length of an unnamed tributary to Cullasaja River(Class B, Tr waters) was impacted by sediment deposition, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f). REQUIRED RESPONSE This office requests that you respond by the deadline noted above. Your response should be sent to both the attention of Mr. Kevin Barnett, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778. Your response should address the following items: 1. Construction Stormwater Permit NCGO10000 a. Please explain why the Erosion and Sedimentation Control Plan was not onsite. b. Please explain when you anticipate being in full compliance with your Erosion and Sediment Control Plan and the NCGO10000 Permit. c. You should include in your response an explanation of why proper operation and maintenance of stormwater and erosion control measures was not performed to optimum efficiency and how you propose to prevent these problems from reoccurring on this project and on future projects. d. Please explain why a rain gauge was not onsite and no records were kept. e. Minimum Monitoring and Record Keeping — Please provide copies of all monitoring and record keeping from start of construction to the time of your response to this letter. L Please explain why DWQ was not notified within twenty four hours of becoming aware of the sediment loss as noted above in item II. 2. Stream Standard- Other Waste (In-Stream Sediment) a. Please provide a map of the project area. The map must include all streams and wetlands, detailing impacts both on- and off-site. b. Please submit a Sediment Removal Plan(Plan)to this office for review and approval. The Plan must address removal of accumulated sediment from all surface .ig Water waters. You must 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 Kevin Barnett of the Asheville Regional Office for additional guidance during Plan development. The Plan should include: • A narrative explaining how sediment will be removed; including,techniques, manpower and tools to be used. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. • A diagram of the stream channel, referenced with photo documentation of sediment impacts before and after removal. • A narrative explaining how and where the removed sediment will be disposed and stabilized. • Please explain how turbidity standards will not be exceeded. c. Once the work is complete, a final report documenting the results of the sediment removal activities should be submitted to Kevin Barnett. 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, CZ- FORK Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office Enc: NCGO10000 permit cc: WBSCP Unit ARO File Copy Division of Land Resources Matt Mason, Macon County Planning SASWP\Macon\Stormwater\NCG01 Construction\LipseyMountainSpringWater\NOV2011SS0020.05.18.2011.doc `� ��/� -/ /�\ ���%i Im .111 ±T 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality ly Eaves Perdue Coleen H. Sullins ,vernor Director Dee Freeman Secretary May 18, 2011 Oren Bradley and Elizabeth J. Payne 3807 Narmore Drive Atlanta, GA 30319 Subject: 401 Water Quality Certification -Approval Payne Property-Glenville Shoreline Stabilization DWQ Project# 11-0139 Jackson County LTN02/Lake Glenville (Thorpe Lake)/2-79-23-(1)/WS-III, B, HQW Dear Mr. Payne and Ms. Payne: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact approximately 0.006 acres of open waters jO linear feet of shoreline) for the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Location:2090 U.S,Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-450M FAX:828-299-7043 1 Customer Service:1-877-623-6748 One Intemet:www,newaterquality.org NorthCarolina An Equal Opportunity 1 Affirmative Action Employer Naturally Mr.Payne and Ms.Payne May 18,2011 Page 2 of 2 Amount Approved(Units) Plan Location or Reference Waters Approximately 0.006 Refer to application (acres); appx. 60 linear dry stack(appx. 5 —6 ft feet height); rip-rap below full pool (in accordance with Duke Energy guidelines, extending a minimum of 3 ft) Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If working from the shoreline (rather than a barge), vegetation must be replaced in accordance with Nantahala Area Vegetation Management Requirements[ref. to Exhibit 1, Part 5.a. of Duke Power Nantahala Area Shoreline Management Guidelines]. 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 or susan.a.wilsongncdenr.gov . _ Sincerely, Foe Coleen H. SuIlins, Director I CHS/saw Enc: GC3693 Certificate of Completion cc: Tyler Crumbley, USACE Asheville Regulatory Field Office Robby Shelton, Jackson County Planning Lisa Leatherman, Duke Energy, Lake Services 401 Permitting—Central Office Jackson County Planning File Copy S:\SWP\Jackson\401 s\Non-DOT\Payne Prop-Glenville\APRVL.Payne Prop.5 201 Ldoc NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality rerly Eaves Perdue Coleen H. Sullins Dee Freeman ,iovernor Director Secretary May 19, 2011 Mr. Mark Fortner and Ms. Sandra Fortner 120 Sturken Drive Bryson City,NC 28713 Subject: Activities Deemed Certified Cherokee Mountain Club—Fortner Property DWQ Project# 11-0148 Jackson County LTN02/UT Soco Creek/2-79-55-21 /C Tr Dear Mr. Fortner and Ms. Fortner: fhe Division of Water Quality (Division)has completed the review of the 401 Water Quality Certification application associated with the project listed above. It has been determined that the subject project does not require written concurrence from the Division and is deemed certified(58 linear feet of stream impact), if the conditions required by Water Quality Certification No. 3821 are followed (attached). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before proceeding with the project, including (but not limited to) Erosion and Sediment Control regulations and Trout Buffer regulations. The Division reminds you that if the projected future use of the project requires additional culverts (or replacement of culverts with increased length) you will have to re-apply and/or modify your Certification. If the total impervious surface of the future project is greater than or equal to 24%, stormwater controls will be required; additionally, a 30 foot vegetated setback must be maintained along surface waters in the project area (refer to Condition 12 of WQC No. 3 82 1)regardless of percent impervious surface. Should you not comply with the conditions outlined in the Water Quality Certification,you may be subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One t 11 Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 NOI trl�aP01111a Internet:www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Mr.Fortner and Ms.Fortner May 19,2011 Page 2 of 2 This letter completes the review of your application by the Division under Section 401 of the Clean Wate% If you have any questions,please contact Susan A. Wilson in the Asheville Regional Office at(828)296-46., Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office CHS/saw w/attachment cc: USACE Asheville Regulatory Field Office Wildlife Resources Commission—David McHenry 401 Permitting Unit—Central Office Jackson County Planning—Robert Shelton Wanda H. Austin, P.E. 44 Homespun Road, Sylva,NC 28779 ARO File Copy S:\SWP\Jackson\401s\Non-DOT\Cherokee Mtn Club-Fortner Proj\DMD.Cherokee Mtn Club Fortner.5 2011.doc .,J T;� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality ,everly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 19, 2011 Mr. Andrew G. Bradley, VP, Environmental Affairs Unimin Corporation 258 Elm Street New Canaan, Connecticut 06840 Subject: NOTICE OF VIOLATION NOV-201 1-MV-0097 Permit No. NC0000175 Quartz Operation Mitchell County Dear Mr. Bradley: A review of Quartz Operation's monitoring report for November 2010 showed the following violations: Parameter Date Measuring Violation Frequency Oil & Grease Month ending 11/30/2010 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 It was noted that the November 2010 DMR was not signed and dated by the Operator in Responsible Charge as required by your NPDES Permit. Please send an amended and signed/dated DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. 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 8281296-4500. Sincerely, A Roger C. Edwards, RegiopaI Supervisor Surface Water Protecti 'Section cc: DWQ Asheville Files DWQ Central Files `yFf Doug Myers/ Unimin Stephen Wilson/ ORC 3:\SWP\Mitchell\Wastewater\lridustrial\Unimrr7 Quartz 00175\NOV-2011-MV-0097.doc NonilhCazolina XWOPW Iff 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 I �:� Jl A, rCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality ,rly Eaves Perdue Coleen H. Sullins Dee Freeman ivernor Director Secretary May 19, 2011 Tim Knopf Vulcan Construction Materials, LP PO Box 4239 Winston Salem,NC 27115-4239 SUBJECT: NPDES Stormwater Permit Compliance Inspection Vulcan Construction Materials-Enka Quarry Permit No: NCG020151 Buncombe County Dear Knopf: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on May 16, 2011. The facility was found to be in compliance with permit NCG020151. 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.cranfordgncdenr.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\Buncombe\Stormwater\NCG02 Mining\Vulcan\CEI_05.16.11.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 T�TOne Internet:www.ncwaterquality.org NOrthCarollna An Equal Opportunity\Affirmative Action Employer ;Vatmrallff j--. j_... %` Compliance Inspection Report :rmit: NCG020151 Effective: 01/01/10 Expiration: 12/31/14 Owner: Vulcan Construction Materials LP SOC: Effective: Expiration: Facility: Vulcan Construction Materials-Enka Quarry County: Buncombe US Hwy 19 23 Region: Asheville Enka NC 28728 Contact Person: Tim Knopf Title: Phone:336-767-4600 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 05/16/2011 Entry Time: 09:30 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: Mining Activities Stormwater Discharge COC Facility Status: ■ Compliant 0 Not Compliant Question Areas: Storm Water (See attachment summary) Page: 1 Permit:NCG020151 Owner-Facility:Vulcan Construction Materials LP Inspection Date:05/16/2011 Inspection Type:Compliance Evaluation Reason for Visit:Routine Inspection Summary: DWQ staff was met on site by Weldon Peek, Gary MacMahan and Willie Breedlove. 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. 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. It was determined that outfall 107-006 is not an official outfall and can be removed from the site plan. 006 discharges to the basin that disharges through 107-001. During the visit, the following was clarified: > 107-001 discharges wastewater > 107-002 discharges stormwater from the vehicle maintenance area All other outfalls discharge only stormwater. Representative Outfall Status has been granted where: > 107-010 represents 107-003, 107-008 and 107-009 Page: 2 Permit:NCG020151 Owner-Facility:Vulcan Construction Materials LP aspection Date:05/16/2011 Inspection Type:Compliance Evaluation Reason for Visit:Routine itormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ (_i ❑ ❑ #Does the Plan include a General Location(USGS)map? ■ ❑ ❑ n #Does the Plan include a"Narrative Description of Practices"? ■ ❑ ❑ ❑ #Does the Plan include a detailed site map including outfall locations and drainage areas? ■ ❑ ❑ ❑ #Does the Plan include a list of significant spills occurring during the past 3 years? ■ ❑ 0 ❑ #Has the facility evaluated feasible alternatives to current practices? ■ ❑ n ❑ #Does the facility provide all necessary secondary containment? ■ ❑ ❑ #Does the Plan include a BMP summary? ■ o ❑ n #Does the Plan include a Spill Prevention and Response Plan(SPRP)? ■ ❑ n ❑ #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ ❑ ❑ ❑ #Does the facility provide and document Employee Training? ■ ❑ ❑ ❑ #Does the Plan include a list of Responsible Party(s)? ■ fl 11 n #Is the Plan reviewed and updated annually? ■ ❑ ❑ n #Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ n n Comment: Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ ❑ ❑ Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ ❑ I] 0 #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ■ ❑ ❑ ❑ Comment: Permit and Outfalls Yes No NA NE #Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ ❑ ❑ #Were all outfalls observed during the inspection? ■ ❑ ❑ ❑ #If the facility has representative outfall status, is it properly documented by the Division? ■ ❑ ❑ ❑ #Has the facility evaluated all illicit(non stormwater)discharges? ■ ❑ ❑ ❑ Comment: Page: 3 w.rr�� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality ,ly Eaves Perdue Coleen H. Sullins Dee Freeman wernor Director Secretary May 19, 2011 Roman Catholic Diocese of Charlotte Guy Piche PO Box 36776 Charlotte,NC 28236 Subject: 401 Water Quality Certification -Approval Calloway Dam Breach & Stream Restoration DWQ Project# 11-0344 Avery County CTB /UT Stacey Crk/ 11-29-7/ C Tr Dear Mr. Piche: 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 588 feet of streams for the purpose of dam breach and stream restoration at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3689. This Certification allows you to use Nationwide Permit 27 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to)Erosion and Sediment Control and Trout Buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) I Plan Location or Reference Stream 588 (feet) Application Sl Plans C1 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 }y, 7 Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 Orie NOt'tllCc`1rU11Ila Internet:www.ncwaterquality.org ' rR���l� An Equal Opportunity 1 Affirmative Action Employer NR�tAli Roman Catholic Diocese of Charlotte May 19,2011 Page 2 of 2 Additional Conditions l. Buffer Replanting Riparian Planting Plan as noted on Plan Sheet D 1 need to be followed. Disturbed areas must be replanted with forest vegetation including at least two different native hardwood tree species at a density sufficient to provide 320 trees per acre at maturity. This density can usually be achieved by planting approximately 436 (10 x 10 spacing)to 681 (8 x 8 spacing)trees per acre. Note, if the tree plantings do not survive,they will need to be replaced such that the density is sufficient to provide 320 trees per acre at maturity. Shrub placement between trees should be sufficient to achieve 1200 shrubs per acre. 2. Turbidity Standard The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B. .0200. Plan Sheet C2 Breach Notes shall be followed to avoid fish kill, and water quality standard violations. Such practices will need to be managed daily and/or according to weather conditions to avoid standard violations. 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/lsw Enc: GC3689 Certificate of Completion cc: USACE Asheville Regulatory Field Office DLR-Gray Hauser(e-copy) 401 Permitting Unit—Central Office DLR-Bill Denton(e-copy) File Copy Blue Ridge Environmental Consultants-Derek Goddard 1305 South Collegiate Drive Wilkesboro,NC 28697 S:\SWP\Avery\401s\Non-DOT\Calloway Dam B reach-Restoration\Approval.Calloway.May201 l.doc NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality ,Ily Eaves Perdue Coleen H. Sullins Dee Freeman .,vernor Director Secretary May 19, 2011 Tim Knopf Vulcan Construction Materials, LP PO Box 4239 Winston Salem,NC 27115-4239 Subject: NPDES Stormwater Permit-Representative Outfall Status Approval Vulcan Construction Materials-Enka Quarry Permit No: NCG020151 Buncombe County Dear Knopf: The Division has reviewed your request for Representative Outfall Status (ROS) at the subject facility. Based on a site visit and information provided, the request has been approved with the modification removing 107-006 from the site plan and monitoring schedule. The ROS is effective with the next sampling event. In accordance with 40 CFR §122.2 1(g)(7), you are authorized to sample the outfalls as described in the following table. Representative Stormwater SDOs Represented Discharge Outfall (SDO) 107-010 107-003, 107-008, 107-009 Please note: the permit still requires Qualitative Monitoring be performed at all SDOs, regardless of representative status. Please remember that any actions you initiate in response to benchmark exceedances as directed in the tiered response provisions of your permit must address all drainage areas represented by the SDO, where appropriate. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 No thCarOlin.a Internet:www.ncwateraualitv.org �lxtllt'R"��1,f An Equal Opportunity 1 Affirmative Action Employer Tim Knopf May 19,2011 Page 2 of 2 Please append this letter to your Stormwater Pollution Prevention Plan(SPPP) or permit to document that ROS has been approved. If changes in drainage areas, structures, processes, storage practices, or other activities occur that significantly alter the basis of this approval, representative outfall status may no longer be valid. You should either resume sampling at all SDOs, or reapply to this office for representative outfall status based on updated information. If you have any questions or comments concerning this letter,please contact Chuck Cranford at (828) 296-4664 or chuck.cranford@ncdenr.gov Sincerely, L Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office cc: Regional Office Copy WBSCP Unit Central Files 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 May 19, 2011 Vance Houston 548 Powder Mill Newland,NC 28657 SUBJECT: CONTINUING NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT R. Vance Houston Site DWQ Tracking Number: NCR002874 NOV-2011-PC-0004 Construction Stormwater Permit NCG010000 Stream Standard Violation- Other Waste (In-stream sediment) Mitchell County Response deadlines: June 8,2011 and July 8,2011 Dear Mr. Houston: This letter is in follow-up to the subject Notice of Violation and requires your immediate attention. It was understood by the Division that a stream restoration plan would be completed and restoration efforts begun after the site was stabilized and no additional discharge of materials was likely. To date, no plan has been submitted for approval. Communications between Division staff member Mr. Chuck Cranford and Mr. Tom Freeman on or about the date of April 21, 2011 determined that sediment removal should begin immediately in the vicinity of the road crossing along Mr. Edwards' driveway and such activities were approved. A site visit on May P by Chuck Cranford revealed that no sediment removal had been undertaken. The need to make earnest progress in restoring the streams was communicated to Mr. Freeman on May 4th. To date, no sediment removal has occurred. REQUIRED RESPONSE This Office requests that you provide a sediment removal plan by June 8,2011. Please send your response to the attention of Mr. Chuck Cranford, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778. Your response should address the following items: SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S,Highway 70,Swannanoa,North Carolina 28778 NofthCarollna Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 y+ /�� Internet: www.ncwaterquality.org ��tu`al An Equal Opportunity 1 Affirmative Action Employer Vance Houston May 19,2011 Page 2 of 3 I. Sediment Removal Plan and Work Completion a. Please provide a map that depicts all streams and wetlands on your property as well as all impacted waters, 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 impacted surface waters. You must 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 Chuck Cranford 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. Sediment removal work is expected to be completed by July 8,2011. Once the work is complete, a final report documenting the results of the sediment removal activities should be submitted to Chuck Cranford. ,nk you for your attention to this matter. This Office is considering sending a recommendation or 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, tz FOR, Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office cc: WBSCP Unit ARO File Copy Division of Land Resources Mitchell County Planning Greg Taveras-Feldspar Corp. PO Box 99 Spruce Pine,NC 28777 S:\SWP\Mitchell\Stormwater\NCG0I Construction\Houston Site\LTR_ProjectDeadline.5.18.11.doc --... ;;�/j -.. �\_/ A`ivZA NCDEN North Carolina Department of Environment and Natural Resources Division of Water Quality arty Eaves Perdue Coleen H. Sullins Dee Freeman ,overnor Director Secretary May 19, 2011 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 221 DWQ Project 09-0403 TIP No. 4261 NCSR 1520(Rock Road) Rutherford County Dear Mr. Swain: On May 9, 2011, I inspected the construction work on TIP Project No. B-4261,NCSR 1520(Rock Road) in Rutherford County. The culvert and bridge have been completed and grading at the project site appears to have been completed. Please 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, P Michael R. Parker Environmental Senior Specialist Attachment cc: Brian C. Skeens, PE Roger Bryan, Division 13,DEO Ed Ingle, Roadside Environmental Transportation Permitting Unit Mike Parker, Asheville Regional Office B-4261 NCSR 1520 May 2011 Inspection Letter 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 t Customer Service:1-877-623-6748 Internet:www.ncwateroualitv.oro NOl"Cti+ a2 0.�.111a NatllrR���l� An Equal Opportunity 1 Affirmative Action Employer DWQ Site Visits for DOT Projects Field Sheet DWQ representative: Michael R.Parker Date: May 9,2010 County: Buncombe Region: Asheville DOT Division: Division 13 Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #: 20090403 NW Permit#: IP#: —_� Project Name: TIP No.B4261 Location of Project: The project is located on NCSR 1520 over Cathey's Creek and an unnamed tributary to Cathey's Creek. 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 ❑ Fill ❑ On-site Stream Relocation ❑ Buffer Impacts(see below) ❑ Buffer Restoration ❑ Other X❑ Bank Stabilization X❑ Other Fill Additional Wetland Impacts: ❑yes ❑ no Estimated Acres ❑Zone 1 Est Acres 1 7 ❑ Zone 2 Est Acres Additional Stream Impacts: ❑yes X❑ no Est Linear feet Estimated linear feet of impact: Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac Zone 2: ❑Yes [—]No Est linear ft/acreage of buffer impact ft/ ac Buffer Designation:. ❑Exempt ❑Allowable ❑Allowable w/mitigation❑Prohibited DWQ Site Visits for DOT Proiects Background Info Name of Waterway(s): Cathey's Creek and an unnamed tributary to Cathey's Creek Basin/Subbasin: BRD 030802 Wetland Type: ❑Isolated ❑Non-Isolated(Waters of US) Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB ❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW ❑HQW ❑WS-I X❑WS-IV ❑SA X❑CA Type of Authorized Impact: X❑Culvert [—]Bottomless Culvert X❑Bridge ❑Bottomless Arch X❑Riprap Inlet/Outlet Stabilization ❑Fill Authorized Wetland Impacts: ❑0— 1/10'"acre ❑1/11th to 1/3rd acre _- ❑1/3rd to LO acre ❑> 1.0 acre Authorized Stream Impacts: X❑< 150 linear feet X❑> 150 linear feet The culvert and bridge have been completed and the seeding contractor was on-site to seed and matt the construction area. Sediment and erosion control structures appear to be in good shape. Continue to maintain erosion control devices and seed and mulch areas as required. The project appears to be complete. B-4261 NCSR 1520 inspection Report May 2011 A' .rw r lfA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality -rly Eaves Perdue Coleen H. Sullins Dee Freeman .overnor Director Secretary May 19, 2011 Mr. J.B. Setzer, P.E. Division 14 Engineer N.C.Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection-US Highway 64 DWQ Project 08-0396 TIP No. A-00I I BB Clay County Dear Mr. Setzer: On May 11,2011, 1 inspected the construction work on US Highway 64 in Clay County. Construction of the project is almost complete and most of the work that remains is limited to shoulder work, clean-up and seeding and mulching. Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect State surface waters. A copy of the inspection report is attached to this letter. If you have questions,please call me at 828-296-4500, Sincerely, F Z Michael R. Parker Environmental Senior Specialist Attachment cc: W. Trent Anderson Mark Davis, Division 14,DEO Ed Ingle, Roadside Environmental Transportation Permitting Unit Mike Parker, Asheville Regional Office (Setzer)US Highway 64 Inspection Letter May 2011 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 brie 1, 1 Customer Service:1-877-623-6748 NOCal'01.111c`1 Internet:www,ncwaterpualitv.orp ltl.t ��tllrl�'�jl�J An Equal Opportunity 1 Affirmative Action Employer Kl \\ �,_., i� /,i _._.... DWO Site Visits for DOT Proiects Field Sheet DWQ representative: Michael R.Parker Date: I May 11,2011 County: Clay -� Region: Asheville DOT Division: LDivision 14 Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #: 08-0396 NW Permit#: IP#: Project Name: U S Highway 64 Widening A-0011 BB Location of Project: US 64 from east of Hiwassee River to east of NC Highway 175 in Clay County Project Complete: ❑Yes X No If no, estimated date of completion: [ Activities(DOT): Water Ouality Concerns(DWQ): ❑ Bridge ❑ Steam Standards Violation X❑ Culvert X❑ Turbidity ❑ Bottomless Culvert ❑ Evidence of spills ❑ Bottomless Arch ❑ Oil/Petroleum X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste ❑ Spoil Pile ❑ Failed E& S control measures ❑Borrow Pit X❑ Sedimentation Impacts ❑ Wetland Mitigation ❑ Stormwater Permit Violation ❑ Stream Restoration X❑ Fill ❑ On-site Stream Relocation ❑ Buffer Impacts (see below) ❑ Buffer Restoration ❑ Other X❑Bank Stabilization ❑ Other Additional Wetland Impacts: ❑yes X❑ no Estimated Acres ❑ Zone 1 Est Acres I 1 ❑ Zone 2 Est Acres Additional Stream Impacts: ❑ yes X❑no Est Linear feet Estimated linear feet of impact: Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac Buffer Designation: []Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited DWQ Site Visits for DOT Projects Background Info Name of Waterway(s): Downing Creek,John Reese Branch,Byers Branch,Chatuge Lake and unnamed tributaries to Hiwassee River Basin/ Subbasin: Hiwassee 040501 Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US) Stream Class: X❑Class B 0303d Listed ❑WS-II ❑WS-V ❑SB X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW ❑HQW ❑WS-I ❑WS-IV RSA ❑CA Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert ❑Bridge ❑Bottomless Arch X❑Riprap Inlet/Outlet Stabilization X❑Fill Authorized Wetland Impacts: X❑0— 1/10th acre ❑1/1 ltn to 1/3`d acre ❑1/3`dto 1.0 acre ❑> 1.0 acre Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet Additional comments: Reviewed project with DOT staff. Work underway includes shoulder work,clean-up and seeding and mulching.. Sediment and erosion control structures appear to be working properly. All bare soil areas should be seeded and mulched. The waste area has been graded and seeded and appears to be in good shape. Continue to maintain erosion control devices and continue with seeding,matting and mulching as required to protect State surface waters. US Highway 64 Inspection May 2011 �l , AirA,....... MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality .;rly Eaves Perdue Coleen H. Sullins Dee Freeman ivernor Director Secretary May 19, 2011 Mr.J. B. Setzer, P.E. Division 14 Engineer N.C. Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection NCSR 1134 (Joyce Kilmer Road) TIP No. B-3335 Graham County Dear Mr. Setzer: On May 10,2011, I inspected the bridge construction work on NCSR 1134(Joyce Kilmer Road) in Graham County. The contractor had just started work since being shut down for the winter. 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 copy of the inspection report for any additional comments regarding the inspection. If you have questions,please call me at 828-296-4500. Sincerely, 0 Michael R. Parker Environmental Senior Specialist Attachment cc: W. Trent Anderson Mark Davis, Division 14,DEO Ed Ingle, Roadside Environmental Transportation Permitting Unit Mike Parker, Asheville Regional Office (Setzer)NCSR 1134 B-3335 Inspection Letter May 2011 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 1, Customer Service:1-877-623-6748 ttlCaj Q11Ila Internet:www.ncwaterauality.org �lttu�a�Ctf An Equal Opportunity 1 Affirmative Action Employer DWQ Site Visits for DOT Projects Field Sheet DWQ representative: Michael R.Parker Date: May 10,2011 County: Graham Region: Asheville DOT Division: Division 14 Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑Other DWQ 401 #: NW Permit#: 23 and 33 Project Name: Replacement of Bridge No. 70 TIP No.3335 Location of Project: NCSR 1134 approximately 5 miles north of the Town of Robbinsville below the Dam on Santeetlah Lake. Project Complete: ❑Yes X No If no, estimated date of completion: Activities(DOT): Water Ouality Concerns (DWQ): X❑Bridge ❑ Steam Standards Violation ❑ Culvert X❑ Turbidity ❑ Bottomless Culvert ❑ Evidence of spills ❑Bottomless Arch ❑ Oil/Petroleum ❑ 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 7 ❑ 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 I ft/ ac Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited DWQ Site Visits for DOT Projects Background Info Name of Waterway(s): Cheoah River Basin/ Subbasin: Little Tennessee 040404 Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US) Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB X❑Class C ❑ORW X❑Trout ❑WS-III ❑NSW ❑HQW ❑WS-I ❑WS-IV RSA ❑CA Type of Authorized Impact: ❑Culvert ❑Bottomless Culvert X❑Bridge ❑Bottomless Arch ❑Riprap Inlet/Outlet Stabilization X❑Fill Authorized Wetland Impacts: X❑O— IAV'acre ❑1/1Ith to 1/3rd 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 NCDOT staff.Contractor had just started work since shutting down for the winter. Work was starting on the east side end bent. All sediment and erosion control measures appeared to be operating properly. Continue to maintain erosion control devices and continue with seeding and matting as required to protect State surface waters. B-3335 NCSR 1134(Joyce Kilmer Road)May 2011 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality ,i ly Eaves Perdue Coleen H. Sullins Dee Freeman ivernor Director Secretary May 19, 2011 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 221 DWQ Project 08-1809 Individual Certification No. 3784 TIP Nos. R-2233AA and AB Sections Rutherford County Dear Mr. Swain: On May 9, 2011, I inspected the construction work on the US Highway 221 Project,R-2233AA and AB Sections, in Rutherford County. Construction continues along most of the project with heavy grading and bridge construction on the AA Section and heavy grading along the AB Section. Please 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 reports 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: Brian C. Skeens,PE Roger Bryan, Division 13,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office US Highway 221May 2011 Inspection Letter 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 Internet:www.ncwaterguality org NorthCarolina An Equal Opportunity 1 Affirmative Action EmployerryaLr `ly DWO Site Visits for DOT Proiects Field Sheet DWQ representative:LMichael R.Parker Date: I May 9,2011 County: LBuncombe Region: LAsheville DOT Division: r Division 13 Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #: 20081809_ NW Permit#-E:�= IP#: L3784 Project Name: TIP No.R-2233AA Location of Project: The project is located on US Highway 221 approximately 3 miles south of the intersection of US Highway 74 and US Highway 221 in Rutherford County. Project Complete: ❑Yes X No If no,estimated date of completion: Activities(DOT): Water Ouality 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 ❑ Fill ❑ On-site Stream Relocation ❑ Buffer Impacts (see below) ❑ Buffer Restoration ❑ Other X❑Bank Stabilization X❑ Other Fill Additional Wetland Impacts: ❑yes ❑ no Estimated Acres ❑Zone 1 Est Acres ❑ Zone 2 Est Acres L—I 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): Broad River,Floyds Creek Basin/Subbasin: BRE 030802 Wetland Type: ❑Isolated nNon-Isolated(Waters of US) Stream Class: ❑Class B ❑303d Listed ❑WS-Il ❑WS-V ❑SB XF]Class C ❑ORW ❑Trout ❑WS-III QNSW nHQW ❑WS-I ❑WS-IV ❑SA ❑CA Type of Authorized Impact: X[]Culvert ❑Bottomless Culvert XBridge ❑Bottomless Arch XORiprap Inlet/Outlet Stabilization ❑Fill Authorized Wetland Impacts: X00— 1/10"acre ❑1/11t'to 1/3`d acre 0.02 acres ❑1/3`dto 1.0 acre ❑> 1.0 acre Authorized Stream Impacts: ❑< 150 linear feet XD> 150 linear feet 2,686 linear feet Construction is underway on most of the project with heavy grading taking place along the entire length of the AA Section. The new Broad River Bridge has been completed. The south bank of the Broad River underneath and the new bridge is eroding due to high waters. Stabilization of this area may be required. All areas that have been graded and no construction has taken place in the last 14 days should be seeded and mulched. All sediment and erosion control structures/devices should be checked for proper operation including the silt fence. Any off-site sediment should be removed and the site remediated. Repair and maintain all erosion control devices and continue with seeding and matting as required to protect State surface waters. R2233AA Inspection Report May 2011 DWQ Site Visits for DOT Proiects Field Sheet DWQ representative:LMichael R.Parker Date: �May 9,2011 County: Buncombe Region: LAsheville DOT Division: FDivision 13 Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #: 20081809 NW Permit#: IP#: 3784 Project Name: TIP No.R-2233AB Location of Project: The project is located on US Highway 221 from North of US Highway 74 to the bridge over Floyd's Creek in Rutherford 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 ❑ Wetland Mitigation ❑ Stormwater Permit Violation ❑ Stream Restoration ❑ Fill ❑ On-site Stream Relocation ❑ Buffer Impacts (see below) ❑Buffer Restoration ❑ Other X❑ Bank Stabilization X❑ Other Fill Additional Wetland Impacts: ❑yes ❑ no Estimated Acres L ❑Zone 1 Est Acres I ❑ Zone 2 Est Acres Additional Stream Impacts: ❑yes X❑ no Est Linear feet Estimated linear feet of impact: L --� 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): Floyds Creek Basin/Subbasin: BRD 030802 Wetland Type: ❑Isolated F]Non-Isolated(Waters of US) Stream Class: ❑Class B ❑303d Listed ❑WS-11 ❑WS-V ❑SB XnClass C ❑ORW ❑Trout ❑WS-III ONSW ❑HQW ❑WS-I ❑WS-IV ❑SA ❑CA Type of Authorized Impact: XDCulvert ❑Bottomless Culvert XBridge ❑Bottomless Arch XF]Riprap Inlet/Outlet Stabilization ❑Fill Authorized Wetland Impacts: Xn0— 1/10t'acre ❑1/1 Ith to 1/3rd acre 0.02 acres ❑1/3rdto 1.0 acre ❑> 1.0 acre Authorized Stream Impacts: ❑< 150 linear feet Xn> 150 linear feet 2,686 linear feet Review of sediment and erosion control devices indicate that the devices are operating properly. Recommend adding more tac to the straw mulch to keep it from blowing away. Please ensure that installation of sediment and erosion control devices are keeping pace with the construction. All areas that have been graded and no construction has taken place in the last 14 days should be seeded and mulched. All sediment and erosion control structures/devices should be checked for proper operation including the silt fence. Any off-site sediment should be removed and the site remediated. Repair and maintain all erosion control devices and continue with seeding and matting as required to protect State surface waters. R2233AB Inspection Report May 2011 A * 'T P 3 CDE 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 May 20, 2011 Mr. Peter Watson, President Ledgestone Property Owners' Association, Inc. PO Box 21 Fairview, NC 28730 SUBJECT: Compliance Evaluation Inspection Ledgestone Subdivision WWTP Permit No: NCO087556 Buncombe County Dear Mr. Watson: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on May 10, 2011. The facility was found to be in compliance with permit NC0087556. 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, 1 v C Wanda P. Frazier Enclosure Environmental Specialist cc: Juanita James, ORC contractor Central Files Asheville Files S:\SWP1Buncombe\WastewatertMinors\Ledgestone Subdivision 8755610E1 5-10-11.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 NOn1C Phone: 828-296-4500 Fax: 828-299-7043 Customer Service: 1-877-623-6748 ofthCralt�aPoliria Internet:www.ncwaterguality orq_<W United States Environmental Protection Agency iA Washington,D.C.20460 Form Approved. OMB No.2040-0057 Water Com Aiance Ins ection Re Ort Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO087556 111 121 11/05/10 117 18I CI 19) SI 20I I 21 Remarks iilllllllll111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA -----___________Reserved--------------- 671 1.0 169 701 31 71 I I 72 I N I 73 1_i'_I 174 75I 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 OTW name and NPDES permit Number) edgestone Subdivision WWTP 05:00 PM 11/05/10 11/01/01 NCSR 2800 Exit Time/Date Permit Expiration Date Fairview NC 28730 05:30 PM 11/05/10 15/12/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone'and Fax Number s Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Juanita Reed James,PO Box 1354 Mountain Home NC Contacted 287581354//828-697-0063/ 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/ Signature of,Manage '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 (L 3I NCO087556 I11 12, 11/05/10 117 18UI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: DEVELOPMENT: Residential subdivision consisting of 55 lots. There are currently - 21 four-bedroom homes serving 50-70 residents. The HOA acquired the WWTP from the developer in October 2010. ATC: The Authorization to Construct(ATC)was issued 10-6-2004. The design capacity is actually 36,000 gpd. ENGINEER: David D. Smith & Co, PLLC (dsmith@ddsmithco.com) Phone: 828-254-4448 Fax: 828-254-4402 Engineer's Certification: 1-23-2006 final PE WASTEWATER TREATMENT PLANT (WWTP): The WWTP consists of a 0.027 MGD extended aeration WWTP with: manual bar screen; 9000 gallon flow equalization basin with dual high water alarms and bar screen; four 9000 gallon aeration basins with dual blowers providing diffused air; two 4300 gallon (74 sq ft) hopper-style clarifiers with skimmers and sludge returns; 9000 gallon aerobic digestor; tablet chlorinator; two 375 gallon chlorine contact chambers; tablet dechlorinator; 160 gallon dechiorination chamber; Vantage 2210 EasTech Badger ultrasonic flow measuring device; 30 KW Onan GenSet propane emergency generator with automatic transfer switch; �J 175 linear feet of 6-inch gravity outfall line with endwall and effluent pipe flapper valve. PERMIT/ INSPECTION / LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 12-30-2009 by Wanda Frazier. The permit expires on 12-31-2015. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The daily operator log was present on-site and had good notation of daily events, process control and field testing data. TREATMENT UNITS / PROCESS CONTROL TESTING DATA: The activated sludge aeration basin process control data was as follows: Settleable Solids = 700 ml/I = 70% Note: Due to low flows, only one train is in operation at this time. Page# 2 permit: NCO087556 Owner-Facility: Ledgestone Subdivision WVVTP ,on Date: 05/10/2011 Inspection Type: Compliance Evaluation FLUENT: The effluent data was as follows: pH = 7.6 units Temperature = 17.5 degrees Celsius Chlorine = < 15 ug/I EMERGENCY GENERATOR: 30 KW Onan GenSet propane emergency generator with automatic transfer switch, which self-tests 30 minutes weekly on Thursdays. Serviced by Carolina Energy Systems in Penrose (828-698-4355). FLOW MEASUREMENT: The Vantage 2210 EasTech Badger ultrasonic continuous recording flow measuring device was recalibrated on 7-26-2010. SLUDGE MANAGEMENT: Commercial hauler(Mike's Septic Service)to the City of Brevard's and MSD's WWTPs. OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY: Ms. Juanita James, ORC, assisted in the inspection and appears to be operating and maintaining the facility very well. The effluent was clear and appeared to be in compliance with permit limits. SYSTEM PERFORMANCE ANNUAL REPORT(SPAR): The 2010 System Performance Annual Report was received by the Division on March 5, 2011. Page# 3 Permit: NC0087556 Owner-Facility: Ledgestone Subdivision VW TP Inspection Date: 05/10/2011 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? nn ■ n ■ nnn Is the facility as described in the permit? n ■ nn #Are there any special conditions for the permit? Is access to the plant site restricted to the general public? ■ nnn Is the inspector granted access to all areas for inspection? Comment: Yes No NA NE Bar Screens Type of bar screen ■ a.Manual n_ b.Mechanical ■ nnn. Are the bars adequately screening debris? ■ nnn Is the screen free of excessive debris? ® nnn Is disposal of screening in compliance? ■ nnn r� Is the unit in good condition? 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? ■ nnn ■ nnn Is the basin free of excessive grease? ■ nnn Are all pumps present? ■ nnn Are all pumps operable? ■ nnn Are float controls operable? ■ nnn Are audible and visual alarms operable? ■ nnn #Is basin size/volume adequate? Comment: Yes No NA NE Aeration Basins Ext.Air Mode of operation Diffused Type of aeration system ■ nnn Is the basin free of dead spots? nn ■ n Are surface aerators and mixers operational? Page# 4 Permit: NCO087556 Owner-Facility: Ledgestone Subdivision WWTP ion Date: 05/10/2011 Inspection Type: Compliance Evaluation etion Basins Yes No NA NE 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 (l ■ n Are weirs level? ■ nnn Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ 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 Is the overflow clear of excessive solids/pin floc? ■ ❑ n Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ■ n 0 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? ■ Cl 00 Is the contact chamber free of growth, or sludge buildup? ■ n 00 Is there chlorine residual prior to de-chlorination? ■ n ❑ n Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ n Page# 5 Permit: NC0087556 Owner-Facility: Ledgestone Subdivision VWVfP Inspection Date: 05/10/2011 Inspection Type: Compliance Evaluation Yes No NA NE De-chlorination fl000 Is storage appropriate for cylinders? nn n #Is de-chlorination substance stored away from chlorine containers? ■ Comment: ■ nnn Are the tablets the proper size and type? ■ nnn Are tablet de-chlorinators operational? 2 Number of tubes in use? Comment: Yes No NA NE Standby Power ■ nnn Is automatically activated standby power available? ■ nnn Is the generator tested by interrupting primary power source? ■ nnn Is the generator tested under load? nnn ■ Was generator tested&operational during the inspection? ■ ❑ nn Do the generator(s)have adequate capacity to operate the entire wastewater site? Is there an emergency agreement with a fuel vendor for extended run on back-up power? nnn ■ ■ nnn Is the generator fuel level monitored? Comment: Yes No NA NE Effluent Pipe ■ nnn Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? ■ nnn nn ■ n If effluent (diffuser pipes are required) are they operating properly? Comment: Yes No NA NE Operations &Maintenance ■ nnn Is the plant generally clean with acceptable housekeeping? Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge ® n n 0 Judge,and other that are applicable? Comment: Page# 6 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality ,rly Eaves Perdue Coleen N. Sullins .�vernor Director Dee Freeman Secretary May 20,2011 Clay County TIP No. R-4416 DWQ Project 20110424 US Highway 64 Climbing Lane Approval of 401 Water Quality Certification with Additional Conditions Mr.J. B. Setzer, P.E. Division 14 Engineer North Carolina Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Dear Mr. Setzer: You have our approval, in accordance with the conditions listed below,for the following impacts in an unnamed tributary to Thompson Creek for the purpose of constructing a climbing lane on Chunky Gal Mountain on US Highway 64 in Clay County: Stream Impacts in the Hiwassee River Basin Site Permanent Fill Stream Permanent Temporary Total Stream in Intermittent Relocation in Fill in Impacts in Stream Impacts Stream (linear Perennial Perennial Perennial Impact Requiring ft) Stream Stream Stream (linear ft) Mitigation linear ft) (linear ft near ft ( ) linear ft) Site 1 0 _(linear 278 0 300 300 278 Total 0 278 1 0 300 300 278 Total Permanent Stream Impacts for Project: 278 linear ft. Total Temporary Stream Impacts for Project: 300 lin.ft. The project should be constructed in accordance with your application dated May 3, 2011 (received May 5, 2011), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3820, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre, or if total impacts to streams(now !RFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE _ication:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 T�7One 1 1 Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 NorthCarolina Internet: www.ncwaterquai Ala&L di4 An Equal Opportunity l Affirmattiveve Action Employer Mr. J. B. Setzer,P.E. May 20,2011 Page Two or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H` (h) (6) and (7). For this approval to he valid, you must follow the conditions listed in the attached certification and u, additional conditions listed below. Condition(s) of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,they shall be removed and the natural grade restored upon completion of the project. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the,,--,l project. �J c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. NCDOT will need to adhere to all appropriate in-water work moratoria prescribed by the NC Wildlife Resources Commission. 5. Compensatory mitigation for impacts 278 linear feet of streams at a replacement ratio of l:l is required. Compensatory mitigation for impacts to jurisdictional streams shall be provided by onsite stream relocations of 278 linear feet of an unnamed tributary of Thompson Creek. The onsite stream relocation shall be constructed in accordance with the design submitted in your May 3, 2011 application. All on-site mitigation sites shall be protected in perpetuity by a conservation easement or through NCDOT fee simple acquisition and recorded in the NCDOT Natural Environment Unit mitigation geodatabase. Please be reminded that as- builts for the completed streams shall be submitted to the North Carolina Division of Water Quality 401 Wetlands Unit with the as-builts for the rest of the project. If the parameters of this condition are not met, then the permittee shall supply additional stream mitigation for the 278 linear feet of impacts. All channel relocations will be constructed in a dry work area, will be completed and stabilized, and must be approved on site by DWQ staff, prior to diverting water into the new channel. Whenever possible, channel relocations shall be allowed to stabilize for an entire growing season. All stream relocations shall have a 50-foot wide native wooded buffer planted on both sides of the stream unless otherwise authorized by this Certification. A transitional phase incorporating rolled erosion control product (RECP) and appropriate temporary ground cover is allowable. 6. Unless otherwise approved in this certification,placement of culverts and other structures in open waters, streams and wetlands shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than - 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches,to allow low flow, passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or .E. Aks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide avidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction,please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 8. Channel relocations shall be completed and stabilized, and approved on-site by DWQ staff, prior to diverting water into the new channel. Stream banks shall be mated with coir-fiber matting. Vegetations used for bank stabilization shall be limited to native riparian vegetation, and should include establishment of a vegetated buffer on both sides of the relocated channel to the maximum extent practical. Also rip-rap may be allowed if necessary to maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of rip-rap coverage requested. Once the stream has been turned into the new channel, it may be necessary to relocate stranded fish to the new channel to prevent fish kills. 9. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 10. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 11. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 12. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 3. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 14. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 16. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 17. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 18. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 19. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 20. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 21. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 22. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. Mr.J.B. Setzer,P.E. May 20,2011 Page Four 23. The issuance of this certification does not exempt the Permittee form complying with any and all statutes,`.,,, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) havt, jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion any., sedimentation control requirements,etc. 24. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 25. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification;you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. i This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, Coleen H. Sullins, Director Division of Water Quality cc: Lori Beckwith,USACE,Asheville Field Office Mark Davis,Division 14,DEO Ed Ingle,Roadside Environmental Dave McHenry,NCWRC Transportation Permitting Unit Asheville Regional Office 11-0424(Setter)R-4416 US Highway 64 Climbing Lane "A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality ;rly Eaves Perdue Coleen H.Sullins Dee Freeman ivernor Director Secretary May 20, 2011 Joseph Doll Lapaz Group LLC 3232 Indian Grave Rd Lenoir NC 28645 SUBJECT: Compliance Evaluation Inspection LaPaz Group LLC Permit No: NCG530159 Caldwell County Dear Mr. Doll: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection which Don Price and I conducted at your facility on May 9, 2011. The facility appeared to be in Compliance with permit NCG530159. Please refer to the enclosed inspection report for additional observations and comments. If you have any questions, please do not hesitate to contact me at 828-296- 4500. Sincerely, m Keith Haynes Environmental Sr. Specialist Enclosure cc: Central Files Asheville Files S:\SWP\Caldwell\Wastewater\General\NCG53 Trout Farms\530159CEIletter.doc 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 NOTtl1Carolina Internet:www.ncwaterguality.org United States Environmental Protection Agency JA Washington,D.C.20460 Form Approved. OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:' National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 51 31 NCG530159 111 121 11/05/09 117 18I C 191I 20U Remarks -! z11IIlIIIIIIIiIIIIIIIiIIlllllllllllllillilllllll16 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA ---—----------------------Reserved--------------------- 67 69 70+—I I 71) ( 72)N� 73L I '74 75I I I I I I I (80 Section B: Facility Data t_! 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) LaPaz Group LLC 11:30 AM 11/05/09 09/06/25 3232 Indian Grave Rd Exit Time/Date Permit Expiration Date Lenoir NC 28645 12:05 PM 11/05/09 12/07/31 Name(s)of Onsite Representative(s)(fitles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Joseph Doll,3232 Indian Grave Rd Lenoir NC Contacted 28645//828-244-3080/8287584592 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Facility Site Review Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Don Price ARO WQ//826-296-4500/ Keith Haynes , ARO WQ//828-296-4500/ \\r ` Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ARO WQ//828-296-4500/ C( I EPA Form 3560-3.(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3I NCG530159 I11 12I 11/05/09 I17 18I_' Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) \ The facility is currently being expanded with a processing "plant"to be included. Mr. Doll also stated that he plans to request that Fish and Wildlife allow him to dishcarge into the stream on a continuous basis if necessary. The facility is extremely well maintained. A follow-up inspection will be planned for about six months from now. Page# 2 AT41"ka, NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality verly Eaves Perdue Coleen H. Sullins Dee Freeman 3overnor Director Secretary May 20, 2011 Jack F Roberts Town of Gamewell 2750 Old Morganton Rd Lenoir NC 28645 SUBJECT: Collection System Inspection Gamewell Collection System Permit No: WQCS00313 Caldwell County Dear Mr. Roberts: Enclosed please find a copy of the Collection System System Inspection Report from the inspection which Don Price and I conducted of the Town's collection system on May 4, 2011. The facility was found to be in Compliance with permit WQCS00313. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff has any questions, please do hesitate to contact Mr. Price or me at 828-296-4500. Sincerely, vlos Keith n Ha e�s Y Environmental Sr. Specialist Enclosure cc: Jerry Twiggs, West Consultants Central Files Asheville Files S:\SWP\Caldwell\Collection Systems\Gamewell Collection System\CEILetter5.4.11.doc 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 No thCarolina Internet:www.ncwaterguality.org �gturalh Compliance Inspection Report ,mit: WQCS00313 Effective: 06/08/05 Expiration: 05/31/13 Owner: Town ofGamewell SOC: Effective: Expiration: Facility: Gamewell Collection System County: Caldwell Region: Asheville Contact Person: Jack F Roberts Title: Mayor Phone:828-754-1991 Directions to Facility: System Classifications: CS1, Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: WQCS00035 City of Lenoir-Lenoir Collection System Inspection Date: 05/04/2011 Entry Time: 10:30 AM Exit Time: 12:05 PM Primary Inspector: Keith Haynes .' Phone:828-296-4500 Secondary Inspector(s): Don Price Phone: Reason for Inspection: Routine Inspection Type:Collection System Inspect Non Sampling Permit Inspection Type: Collection system management and operation Facility Status: ■Compliant p Not Compliant Question Areas: Miscellaneous Questions 0 Performance Standards Operation&Maint Reqmts 0 Records ■Monitoring&Rpting ■Inspections Pump Station Reqmts (See attachment summary) Page: 1 Permit:WQCS00313 Owner-Facility:Town of Gamewell Inspection Date:05/04/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Inspection Summary: The collection system operation and maintenance appeared to be in accordance with permit requirements. See question sections for specific comments. Page: 2 Permit:WQCS00313 Owner-Facility:Town of Gamewell .spection Date:05/04/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine erformance Standards Yes No NA NE Is Public Education Program for grease established and documented? ■ 0 0 f1 What educational tools are used? Town Hall bulletin board and website Is Sewer Use Ordinance/Legal Authority available? ■ 0 n Cl Does it appear that the Sewer Use Ordinance is enforced? Q Q ■ n Is Grease Trap Ordinance available? 0 ■ 0 0 Is Septic Tank Ordinance available(as applicable, i.e.annexation) ■ n n n List enforcement actions by permittee, if any, in the last 12 months None. The septic tank ordinance is in with conjunction health dept. Has an acceptable Capital Improvement Plan(CIP)been implemented? ■ 0 0 C! Does CIP address short term needs and long term\"master plant/concepts? ■ 0 Cl El Does CIP cover three to five year period? ■ n f1 n Does CIP include Goal Statement? ■ ❑ 0 Q Does CIP include description of project area? n 0 Does CIP include description of existing facilities? ■ n f1 (1 Does CIP include known deficiencies? ■ ❑ 0 0 Does CIP include forecasted future needs? ■ 0 Q Is CIP designated only for wastewater collection and treatment? ■ C1 0 0 Approximate capital improvement budget for collection system? $3,000,000.00 Total annual revenue for wastewater collection and treatment? $38,577.00 CIP Comments Needs some minor updating to indicate completed work Is system free of known points of bypass? ■ n ❑ Q If no,describe type of bypass and location none Is a 24-hour notification sign posted at ALL pump stations? ■ n #Does the sign include: Instructions for notification? ■ Q n Q Pump station identifier? ■ ❑ ❑ Q 24-hour contact numbers ■ 11 Q 0 If no, list deficient pump stations na Page: 3 Permit:WQCS00313 Owner-Facility:Town of Gamewell inspection Date: 05/04/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine ` #Do ALL pump stations have an"auto polling"feature/SCADA? ■ nnn 1 Number of pump stations 0 Number of pump stations that have SCADA 1 Number of pump stations that have simple telemetry 0 Number of pump stations that have only audible and visual alarms 0 Number of pump stations that do not meet permit requirements #Does the permittee have a root control program? 0 ❑ ■ 0 #If yes,date implemented? Describe: new system Comment: na Yes No NA NE Inspections ■ nnr, Are maintenance records for sewer lines available? ■ nnn Are records available that document pump station inspections? Are SCADA or telemetry equipped pump stations inspected at least once a week? ® n n n i Are non-SCADA/telemetry equipped pump stations inspected every day? nn ■ n t� Are records available that document citizen complaints? nn ■ n #Do you have a system to conduct an annual observation of entire system? ■ n0n ■ #Has there been an observation of remote areas in the last year? nnn Are records available that document inspections of high-priority lines? nn ■ n Has there been visual inspections of high-priority lines in last six months? 0 n ■ Comment: No high priority lines Yes No NA NE Operation &Maintenance Requirements 0 Are all log books available? ® n Does supervisor review all log books on a regular basis? ■ Qrlrl Does the supervisor have plans to address documented short-term problem areas? nn ■ n What is the schedule for reviewing inspection,maintenance,&operations logs and problem areas? monthly review no problem areas ■ nnn Are maintenance records for equipment available? Is a schedule maintained for testing emergency/standby equipment? ■ nn0 monthly What is the schedule for testing emergency/standby equipment? Page: 4 Permit:WQCS00313 Owner-Facility:Town of Gamewell .spection Date: 05/04/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Do pump station logs include: Inside and outside cleaning and debris removal? 0 ❑ ❑ ❑ Inspecting and exercising all valves? S ❑ ❑ ❑ Inspecting and lubricating pumps and other equipment? ❑ ❑ 0 Inspecting alarms,telemetry and auxiliary equipment? ❑ ❑ ❑ Is there at least one spare pump for each pump station w/o pump reliability? ❑ ❑ M n 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? ❑ ❑ n Has at least 10%of system been cleaned annually? Q ❑ n What areas are scheduled for cleaning in the next 12 months? next section on list Is a Spill Response Action Plan available? 0111111 Does the plan include: 24-hourcontact numbers ❑ ❑ ❑ Response time ❑ ❑ Cl Equipment list and spare parts inventory ❑ n ❑ Access to cleaning equipment ❑ ❑ ❑ Access to construction crews,contractors, and/or engineers ■ ❑ ❑ ❑ Source of emergency funds 0 ❑ ❑ ❑ Site sanitation and cleanup materials ❑ ❑ ❑ Post-overflow/spill assessment ❑ ❑ ❑ Is a Spill Response Action Plan available for all personnel? ❑ ❑ 0 Is the spare parts inventory adequate? n ❑ ❑ 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? ❑ ❑ ❑ If yes, is there a corrective action plan? ❑ n ❑ Is a map of the system available? M ❑ ❑ n Page: 5 Permit:WQCS00313 Owner-Facility:Town of Gamewell Inspection Date: 05/04/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Does the map include: ■ nnn Pipe sizes ■ n00 Pipe materials ■ nnn Pipe location ■ ❑ 00 Flow direction ■ nnn Approximate pipe age 0 M 0 0 Number of service taps ■ 0nn Pump stations and capacity If no,what percent is complete? List any modifications and extensions that need to be added to the map None,very nice map. ■ #Does the permittee have a copy of their permit? 000 Comment: yes Yes No NA NE Monitoring and Reporting Requirements Are copies of required press releases and distribution lists available? Are public notices and proof of publication available? #Is an annual report being prepared in accordance with G.S. 143-215.1C? ■ nnn #Is permittee compliant with all compliance schedules in the permits? ran ■ n If no,which one(s)? No SSOs Comment: GAMEWELL ROCKY ROAD-Rocky Road Yes No NA NE Pump Station Duplex Pump station type ■ 00C3 Are pump station logs available? ■ �in Is it accessible in all weather conditions? n ■ nnn #Is general housekeeping acceptable? ■ nnn Are all pumps present? ■ ❑ ❑ Q Are all pumps operable? Are wet wells free of excessive debris? ■ fl 0 0 0 M Are upstream manholes free of excessive debris/signs of overflow? Page: 6 Permit:WQCS00313 Owner-Facility:Town of Gamewell spection Date: 05/04/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Are floats/controls for pumps/alarms operable? ■ D D D Is"auto polling"feature/SCADA present? ■ D D D Is"auto polling"feature/SCADA operational? ■ D D Cl Is simple telemetry present? ■ D D D Is simple telemetry operational? ■ D D D Are audio and visual alarms present? ■ D D D Are audio and visual alarms operable? ■ D D D Is the Pump station inspected as required? ■ Q D D Are backflow devices in place? D D ■ D Are backflow devices operable? ■ D D D Are air relief valves in place? ■ D D D Are air relief valves operable? ■ D D D # Is an emergency generator available? ■ D D D Can the emergency generator run the pumps? ■ D D 0 Is the pump station equipped for quick hook-up? ❑ D ■ D Is the generator operable? ■ D D D #Is fuel in tank and sufficient? ■ ❑ D D Is the generator inspected according to their schedule? ■ D D D Is a 24-hour notification sign posted? ■ D D D Does it include: Instructions for notification? ■ D D D Pump station identifier? ■ D D D Emergency phone number ■ D ❑ [1 Is public access limited? ■ ❑ D D Is pump station free of overflow piping? ■ ❑ ❑ D Is the pump station free of signs of overflow? ■ ❑ D D Are run times comparable for multiple pumps? yes Comment: Page: 7 r-"YAK MC®GNR North Carolina Department of Environment and Natural Resources Division of Water Quality overly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 20, 2011 J. B. Coram Wildflower Creek, LLC Post Office Box 40 Scaly Mountain,North Carolina 28775 Subject: Request for More Information 401 Water Quality Certification JB Coram Motor Coach Resort DWQ Project 4 11-0327 Macon County Response deadline: June 17, 2011 Dear Mr. Coram: The Division of Water Quality(DWQ)has performed a preliminary review of a 401 Water Quality Certification application submitted for the above referenced property. Additional information will be required in order to complete the review process. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Wildflower Creek, LLC is not a legally registered entity with the NC Secretary of State. Please provide proof of registration for the applicant with the NC Secretary of State. 2. Application Item 5.g. indicates that the previous land owner constructed a dam within the wetland to impound water. As you may be aware, the Division of Water Quality views unauthorized impacts in violation of North Carolina Administrative Code as transferring with the change of ownership of the property. You have not provided a purpose and need for the desired impoundment nor a purpose and need for the wetland fill for RV parking. Why are these impacts necessary for the successful operation of the Motor Coach Restort? 3. Application Item D. 1. a. requests a discussion of steps taken to avoid and minimize impacts to waters of the State. Please provide all alternative layouts for avoiding wetlands and a discussion as to the issues associated with each. 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 NOrth.Carollna An Equal Opportunity l Affirmative Action Employer Altu6�4 JtJ Coram Motor loam KeSort May 20,2011 Page 2 of 3 4. Application Item D. 1. b. states that a pump around will be utilized in all work areas. N� plan details were provided for said pump around. You must provide schematics along with hydraulic calculations for your pump around activity. 5. Application Item D. 2. States that onsite mitigation will be provided. The associated mitigation plan provides a wetland functionality assessment(NC-WAM) worksheet. A review of the NC-WAM training files indicates that the consultant has not taken the necessary training course for this procedure. Additionally, the are several fundamental flaws in the NC-WAM worksheet which would skew the results. In order to use the NC- WAM tool as a measure of the success of your mitigation, you must have the assessment performed by someone who has successfully completed the NC-WAM training complete the assessment worksheet, 6. Application Item E. 2. Indicates that, at build out,that the impervious surface for the site is 19.7%. No worksheet or map was provided to show how this was determined. You must include your mapping and calculations for this determination. Additionally, all future development of the site must be included in these calculations. Please provide your response in writing to the addresses below prior to close of business on June 17, 2011. 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 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. xtter only addresses the preliminary application review and does not authorize any impacts to elands, 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. Edwar , Regional Supervisor Surface Water Protection Asheville Regional Office cc: Ronnie Dillbeck, PC Green Solutions Environmental, PLLC 132 Blueberry Lane, Franklin,North Carolina 28734 Tyler Crumbley- US Army Corps of Engineers Asheville Field Office David McHenry -North Carolina Wildlife Resources Commission Cyndi Karoly - 401 Permitting Unit Macon County Planning ARO File copy SAS WP\Macon\401 s\N on-DOWBCoramMotorCoach Resort\I 1-0327.Addlnfo.05.20.2011.doc �� ��J _. _ __ ___ NCDEN� North Carolina Department of Environment and Natural Resources Division of Water Quality ,y Eaves Perdue Goleen H. Sullins ✓ernor Director Dee Freeman Secretary May 20,2011 Jackson County DWQ Project 20110461 NCSR 1111 (Zeb Alley Road) Approval of 401 Water Quality Certification with Additional Conditions Mr.J. B. Setzer,P.E. Division 14 Engineer North Carolina Department of Transportation 253 Webster Road Sylva, North Carolina, 28779 Dear Mr. Setzer: You have our approval, in accordance with the conditions listed below, for the following impacts in an unnamed tributary to the Chattooga River for the purpose of making improvements to NCSR 1111 (Zeb Alley Road) in Jackson County: Stream Im acts in the Savannah River Basin Site Permanent Fill Temporary Permanent Temporary Total Stream in Intermittent Impacts in Fill in Impacts in Stream Impacts Stream (linear Intermittent Perennial Perennial Impact Requiring ft) Stream Stream Stream (linear ft) Mitigation linear ft) (linear ft) (linear ft) (linear ft) Site 1 0 0 10 60 70 0 Total 0 0 10 60 70 0 Total Permanent Stream Impacts for Project: 10 lin. ft. Total Temporary Stream Impacts for Project: 60 linear ft. The project should be constructed in accordance with your application dated May 10, 2011 (received May 16, 2011), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3820, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h)(6)and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1RFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE ,ation:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 7�TOne 1 rrhone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 1�orthCarohna Internet: www.ncwaterquaiti An Equal Opportunity 1 AAction ffirmattiveve Ac Action Employer Mr. J.B. Setzer, P.E. May 20,2011 Page Two Condition(s)of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this perm, without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located' in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,they shall be removed and the natural grade restored upon completion of the project. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. In-stream work and land disturbance within the 25-foot buffer zone are prohibited during the trout-spawning season of October 15 through April 15 to protect the egg and fry stages of trout. 5. The permittee shall use/Design Standards in Sensitive Watersheds/[15A NCAC 413.0124 (a)-(e)] in areas draining to trout waters. However,due to the size of the project,NCDOT shall not be required to meet 15A NCAC 413.0124(a) regarding the maximum amount of uncovered acres. Temporary cover(wheat, millet, or similar annual grain)or permanent herbaceous cover should be planted on all bare soil within 15 business days of ground disturbing activities, to provide erosion control. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in conjunction with appropriate seeding on disturbed soils within the riparian area and on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control devices such as silt fence,temporary sediment ditches,basins,etc. Matting should be secured in place with staples or stakes,or wherever possible, live stakes of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid,which can impinge and entrap small animals. For the establishment of temporary groundcover within riparian areas,hydro seeding along with wood or cellulose based hydro mulch applied from a fertilizer-and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters is prohibited. Riparian areas are defined as a distance of 25-feet landward from the top of stream bank. 6. For projects impacting waters classified by the NC Environmental Management Commission as Trout Jr), High Quality Waters (HQW), or Water Supply I or II (WSJ, WSII) stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pretreating storm water runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. ' .E. ,ess otherwise approved in this certification,placement of culverts and other structures in open waters and streams ,pall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches,to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to evidence that the equilibrium is being maintained if requested in writing by NC provide DWQ. If this condition i unable met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for gu dan ebe on how to proceed and to determine whether or not a permit modification will be required. 8. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 9. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 10. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 11. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 12. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing s following completion of construction. g g season 13. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 14. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 15. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 16. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 17. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 19. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 20. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 21. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 22. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. During the construction of the project, no staging of equipment of any kind is permitted in waters of protected riparian buffers. the U.S., or Mr. J. B. Setzer,P.E. May 20,2011 Page Four 24. The outside buffer,wetland or water boundary located within the construction corridor approved by this authori�. shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within ," fencing are prohibited unless otherwise authorized by this certification. r quality'' 25. The permittee and its authorized agents shall conduct its activities in a manner consis the with State W ter A t)and other standards(including any requirements resulting from compliance with §303(d) ofhe Clean appropriate requirements of State and Federal law. If NCDWQ determines that suchFederal law standards or l s are of being that met(including the failure to sustain a designated or achieved.use) or that State of Fe g further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 26. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies ater mana local, ementstate, an federasionhaving jurisdiction, including but not limited to applicable buffer rules, storm g sedimentation control requirements,etc. 27. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 28. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certifications are made conditions and may result in inthend/or civil penalties. This Certification shall become null and void unless the above cond Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 orCAMA permit. 1 If this Certification is unacceptable to you have the right to an adjudicato r of a hearing upon written request conforming to sixty (60r) days following receipt of this Certification. This request must be to the f p conforming Mail Service 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, ;W ' #� Coleen H. Sullins, Director Division of Water Quality cc: Lori Beckwith,USACE,Asheville Field Office Mark Davis,Division 14,DEO Ed Ingle,Roadside Environmental Dave McHenry,NCWRC Transportation Permitting Unit Asheville Regional Office 11-0461(Setter)NCSR 1111 Zeb Alley Road eoa 3� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality .Ay Eaves Perdue Coleen H. Sullins Dee Freeman ivernor Director Secretary May 23, 2011 Seth Eckard Town of Sawmills 4076 US Hwy 321-A Granite Falls NC 28630 SUBJECT: Collection System Inspection Sawmills Collection System Permit No: WQCS00318 Caldwell County Dear Mr. Eckard: Enclosed please find a copy of the Collection System Inspection Report from the inspection which Don Price and I conducted of the Town's collection system on May 4, 2011. The system was found to be in Compliance with permit WQCS00318. Please refer to the enclosed inspection report for additional observations and comments. The assistance provided by Steve Coonse during the inspection was greatly appreciated. If you or your staff has any questions, please do not hesitate to call Mr. Price or me at 828-296-4500. Sincerely, Keith Hayn ` . Environmental Sr. Specialist Enclosure cc: Public works, ORC Central Files Asheville Files S:\SWP\Caldw,li\Collectiot,_:;, 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 NorthCarollna Internet:www.ncwaterguality.org ;Vaturall,� %-. �!, J i Compliance Inspection Report ,it: WQCS00318 Effective: 06/30/05 Expiration: 05/31/13 Owner: Town of Sawmills SOC: Effective: Expiration: Facility: Sawmills Collection System County: Caldwell Region: Asheville Contact Person: Seth Eckard Title: Town Manager Phone:828-396-7903 Directions to Facility: System Classifications: CS1, Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: WQCS00035 City of Lenoir-Lenoir Collection System Inspection Date: 06/04/2011 Entry Time: 01:00 PM Exit Time: 03:00 PM Primary Inspector: Keith Haynes �i Phone:828-296-4500 Secondary Inspectors): J Don Price YY l,d,`/At., Phone: Reason for Inspection: Routine Inspection Type:Collection System Inspect Non Sampling Permit Inspection Type: Collection system management and operation Facility Status: ■Compliant ❑ Not Compliant Question Areas: Miscellaneous Questions 0 Performance Standards .Operation&Maint Reqmts Records ■Monitoring&Rpting ■Inspections Pump Station Regmts (See attachment summary) Page: 1 Permit:WQCS00318 Owner-Facility:Town of Sawmills Inspection Date:05/04/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Inspection Summary: The collection system appears to be properly operated and well maintained. See questons for further comments. Page:2 Permit:WQCS00318 Owner-Facility:Town of Sawmills pection Date:05/04/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine �rformance Standards Yes No NA NE Is Public Education Program for grease established and documented? M 0 O ❑ What educational tools are used? Letter and post in Town Hall Is Sewer Use Ordinance/Legal Authority available? 0 ❑ n Does it appear that the Sewer Use Ordinance is enforced? 0 ❑ 0 Is Grease Trap Ordinance available? 00110 Is Septic Tank Ordinance available(as applicable, i.e.annexation) 0 0 M 0 List enforcement actions by permittee, if any, in the last 12 months none Has an acceptable Capital Improvement Plan(CIP)been implemented? 0 fl 0 Does CIP address short term needs and long term\"master plan\"concepts? ■ 0 0 0 Does CIP cover three to five year period? 0 f1 0 n Does CIP include Goal Statement? 0 Q n n Does CIP include description of project area? 0 Does CIP include description of existing facilities? 0 n C! n Does CIP include known deficiencies? 0 n 11 Does CIP include forecasted future needs? 0 Is CIP designated only for wastewater collection and treatment? 0 fl 0 0 Approximate capital improvement budget for collection system? $150,000.00 Total annual revenue for wastewater collection and treatment? $90,000.00 CIP Comments good CIP Is system free of known points of bypass? fl n If no,describe type of bypass and location none Is a 24-hour notification sign posted at ALL pump stations? 0 #Does the sign include: Instructions for notification? 0 0 ❑ n Pump station identifier? n 11 Q 24-hour contact numbers 13 Q If no, list deficient pump stations none Page: 3 Permit:WOCS00318 owner.-Facility:Town of Sawmills Inspection Date: 05/04/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine #Do ALL pump stations have an"auto polling"feature/SCADA? 4 Number of pump stations 4 Number of pump stations that have SCADA 0 Number of pump stations that have simple telemetry 0 Number of pump stations that have only audible and visual alarms 0 Number of pump stations that do not meet permit requirements #Does the permittee have a root control program? OMOO #If yes,date implemented? Describe: not currently needed Comment: Yes No NA NE Inspections ■ nnn Are maintenance records for sewer lines available? ■ nnn Are records available that document pump station inspections? Are SCADA or telemetry equipped pump stations inspected at least once a week? ■ nnn Are non-SCADA/telemetry equipped pump stations inspected every day? ® nnn Inn ■ Are records available that document citizen complaints? ■ nnn #Do you have a system to conduct an annual observation of entire system? ■ jinn #Has there been an observation of remote areas in the last year? Are records available that document inspections of high-priority lines? ® nnn Has there been visual inspections of high-priority lines in last six months? ■ nnn Comment: Yes No NA NE Operation &Maintenance Requirements Are all log books available? Does supervisor review all log books on a regular basis? sonD 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? twice a week ■ nnn Are maintenance records for equipment available? Is a schedule maintained for testing emergency/standby equipment? ■ nn0 as needed What is the schedule for testing emergency/standby equipment? Page: 4 Permit:WQCS00318 Owner-Facility:Town of Sawmills ,pection Date:05/04/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Jo pump station logs include: Inside and outside cleaning and debris removal? ❑ ■ ❑ ❑ Inspecting and exercising all valves? 0 ❑ ❑ ❑ Inspecting and lubricating pumps and other equipment? 0 ❑ ❑ ❑ Inspecting alarms,telemetry and auxiliary equipment? ❑ ❑ ❑ Is there at least one spare pump for each pump station w/o pump reliability? (=1 ❑ ❑ Are maintenance records for right-of-ways available? f, ❑ ❑ 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? ❑ (1 ❑ What areas are scheduled for cleaning in the next 12 months? Whichever section that may be causing problems Is a Spill Response Action Plan available? ❑ ❑ ❑ Does the plan include: 24-hour contact numbers 0 ❑ ❑ ❑ Response time 0 ❑ ❑ ❑ Equipment list and spare parts inventory 0 0 ❑ ❑ Access to cleaning equipment 0 ❑ ❑ ❑ Access to construction crews, contractors,and/or engineers O ❑ ❑ ❑ Source of emergency funds ❑ ❑ ❑ Site sanitation and cleanup materials 0 ❑ ❑ ❑ Post-overflow/spill assessment ■ ❑ ❑ ❑ Is a Spill Response Action Plan available for all personnel? 0 ❑ ❑ ❑ Is the spare parts inventory adequate? 0 ❑ ❑ ❑ Comment: The phone numbers and contacts need to be updated on the plan Records Yes No NA NE Are adequate records of all SSOs,spills and complaints available? M 0 ❑ ❑ Are records of SSOs that are under the reportable threshold available? ❑ ❑ (� Do spill records indicate repeated overflows(2 or more in 12 months)at same location? ❑ ❑ ❑ If yes, is there a corrective action plan? ❑ ❑ ❑ Is a map of the system available? 0 ❑ Q ❑ Page: 5 Permit:WQCS00318 owner-Facility:Town of Sawmills Inspection Date:05/04/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine \` Does the map include: ■ ❑ ❑ ❑ Pipe sizes ■ ❑ ❑ ❑ Pipe materials ■ ❑ ❑ ❑ Pipe location ■ ❑ ❑ ❑ Flow direction ■ ❑ ❑ ❑ Approximate pipe age ❑ ■ ❑ ❑ Number of service taps ■ ❑ ❑ ❑ Pump stations and capacity taps not shown If no,what percent is complete? List any modifications and extensions that need to be added to the map Include manhole numbers at next update of map. Otherwise good map. #Does the permittee have a copy of their permit? Comment: Yes No NA NE Monitoring and Reporting Requirements Are copies of required press releases and distribution lists available? Are public notices and proof of publication available? #Is an annual report being prepared in accordance with G.S. 143-215.1C? ■ ❑ ❑ ❑ #Is permittee compliant with all compliance schedules in the permits? nn ■ ❑ If no,which one(s)? Comment: MAYFIELD DRIVE - Mayfield Drive Yes No NA NE Pump Station Duplex Pump station type ■ ❑ ❑ ❑ Are pump station logs available? Is it accessible in all weather conditions? ■ ❑ ❑ ❑ #Is general housekeeping acceptable? ■ ❑ ❑ ❑ Are all pumps present? ■ ❑ ❑ ❑ Are all pumps operable? ■ nn ❑ Are wet wells free of excessive debris? ❑ Cl ❑ ■ Are upstream manholes free of excessive debris/signs of overflow? Page: 6 Permit:WQCS00318 Owner-Facility:Town of Sawmills ,pection Date: 05/04/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine -ve floats/controls for pumps/alarms operable? D 0 Q Is"auto polling"feature/SCADA present? n Q ❑ Is"auto polling"feature/SCADA operational? n n Q Is simple telemetry present? ❑ 0 Q Is simple telemetry operational? Q Q n Are audio and visual alarms present? 0 n Q n Are audio and visual alarms operable? 0 Cl n Q Is the Pump station inspected as required? 0 Q Q Cl Are backflow devices in place? Q n Are backflow devices operable? 0 Q Q Are air relief valves in place? 0 Q n Are air relief valves operable? n ❑ n # Is an emergency generator available? 13 0 D Can the emergency generator run the pumps? Q n n Is the pump station equipped for quick hook-up? 0 ❑ 0 Is the generator operable? 0 Q 0 ❑ #Is fuel in tank and sufficient? ■ 0 0 0 Is the generator inspected according to their schedule? 0 0 Q ❑ Is a 24-hour notification sign posted? n n Does it include: Instructions for notification? Q 0 n Pump station identifier? 11 n Emergency phone number n 0 n Is public access limited? 0 ❑ D Is pump station free of overflow piping? 0 0 n Is the pump station free of signs of overflow? 0 11 Q Are run times comparable for multiple pumps? yes Comment: SCADA allows calling in PUBLIC WORKS -near building Pump Station Yes No NA NE Page: 7 Permit:WQCS00318 Owner-Facility:Town of Sawmills Inspection Date: 05/04/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Simplex,Single Pump station type 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 ■ nn Are all pumps present? ■ nnn Are all pumps operable? Are wet wells free of excessive debris? ■ ❑ nn Are upstream manholes free of excessive debris/signs of overflow? nn ■ n Are floats/controls for pumps/alarms operable? ■ nnn Is"auto potting"feature/SCADA present? n n ■ n Is"auto polling"feature/SCADA operational? nn ■ n ■ nnn Is simple telemetry present? ■ nnn Is simple telemetry operational? Are audio and visual alarms present? ■ nnn ■ nnn ,:_ Are audio and visual alarms operable? ■ nnn Is the Pump station inspected as required? n ❑ ■ n Are backflow devices in place? nn ■ n Are backflow devices operable? ■ nnn Are air relief valves in place? ■ nnn Are air relief valves operable? ■ nnn # Is an emergency generator available? Can the emergency generator run the pumps? n n n ■ Is the pump station equipped for quick hook-up? n n n nnn ■ Is the generator operable? nnn ■ #Is fuel in tank and sufficient? ■ Is the generator inspected according to their schedule? nnn ■ n Is a 24-hour notification sign posted? nn Does it include: ■ nnn Instructions for notification? ■ nnn Pump station identifier? Page: 8 Permit:WQCS00318 Owner-Facility:Town of Sawmills .opection Date: 05/04/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Emergency phone number n n n Is public access limited? 0 n E) Is pump station free of overflow piping? n n n Is the pump station free of signs of overflow? n n n Are run times comparable for multiple pumps? na Comment: There is only one pump, but the station has capacity for two. It is recommended that the other pump be added as money allows. SAWMILLS ELEMENTARY -same Pump Statlofl Yes No NA NE Pump station type Duplex Are pump station logs available? 00 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 Cl n Are wet wells free of excessive debris? 0 n n n Are upstream manholes free of excessive debris/signs of overflow? ❑ ❑ Are floats/controls for pumps/alarms operable? ■ I_1 11 n Is"auto polling"feature/SCADA present? n n 0 Is"auto polling"feature/SCADA operational? 0 n n Is simple telemetry present? n n n Is simple telemetry operational? n n n Are audio and visual alarms present? ■ ❑ n Are audio and visual alarms operable? n n 11 Is the Pump station inspected as required? ❑ n n Are backflow devices in place? ❑ n e n Are backflow devices operable? n n ■ n Are air relief valves in place? ■ ❑ n n Are air relief valves operable? ■ n n n # Is an emergency generator available? ■ n Page: 9 Permit:WQCS00318 Owner-Facility:Town of Sawmills Inspection Date: 05/04/2011 inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Can the emergency generator run the pumps? ■ Cl n Is the pump station equipped for quick hook-up? ® n n n Is the generator operable? C1 ❑ 0 ■ 000 #Is fuel in tank and sufficient? Is the generator inspected according to their schedule? ® ❑ ❑ Q ■ Is a 24-hour notification sign posted? nnn Does it include: ■ ❑ 00 Instructions for notification? ■ 000 Pump station identifier? ■ nnn Emergency phone number ■ nnn Is public access limited? ■ nnn is pump station free of overflow piping? 0000 Is the pump station free of signs of overflow? yes Are run times comparable for multiple pumps? Comment: propane fuel. Very good signage. SCADA is"simple" `- Page: 10 e� fA 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, 2011 May, 23, 2011 CERTIFIED MAIL 2nd Delivery Attempt RETURN RECEIPT REQUESTED—7010 1870 0003 0874 6475 7010 1870 0003 0874 6680 Mr. Dan Worley Hand-Delivered by Kevin Barnett Payne's Chapel Cemetery Association 557 New Leicester Hwy Asheville,NC 28806 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2011-OP-0011 Payne's Chapel Cemetery Association Failure to Secure 401 Removal of Best Usage Buncombe County Response deadline: May 13, 2011 Dear Mr. Worley On April 20, 2011, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality(DWQ) conducted a site inspection for at Payne's Chapel Cemetery in Buncombe County. Stream standard and North Carolina Administrative Code violations were noted during the inspection and file review. Unpermitted streambank stabilization work and stream channel modifications along and within Sandy Mush Creek(C; Trout) were documented. VIOLATIONS I. Removal of Best Usage— 15A NCAC 02B.0211 (2)—Approximately 100 feet of Sandy Mush Creek(C; Trout)was impacted by stream channel excavation representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2). II. Failure to Secure a 401 Water Quality Certification (WQC) A review of records confirmed that neither the DWQ nor the US Army Corps of Engineers (USACOE) has received an application for a 404 Permit or 401 WQC, prior to the impacts SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One NOrthCarOlina Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 Internet: www.ncwaterquaiveArg An Equal Opportunity 1 Affirmative Action Employer Dan Worley April 26,2011 Page 2 of 3 caused by streambank stabilization. Such an application is required pursuant to Section 404 of the Clean Water Act and Part 15A of North Carolina Administrative Code 2H .050t, Please note that Sandy Mush Creek is classified as trout waters and any land disturbance within 25 feet of the top of the stream bank may require authorization from the Division of Land Resources (DLR). DLR has been copied on this correspondence. REQUIRED RESPONSE The DWQ requests that you respond by May 13,2011. Your response should be sent to the attention of Chuck Cranford, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and should address the following items: 1. Removal of Best Usage— 15A NCAC 02B.0211 (2) and Failure to Secure a 401 Water Quality Certification a. Please explain why these impacts occurred without prior authorization. b. Please provide a map of the project area. The map must include all streams and wetlands on-site, detailing all impacts(i.e., culverts and/or fill). Two (2) options exist to resolve the violations related to the 401 Water Quality Certification: 1. Apply to the U.S. Army Corps of Engineers for and receive a 404 Permit pertaining to the streambank stabilization that has occurred. A 401 WQC will be required if the activities are permitted by the Corps. The application process as described does not guarantee the impacts will be approved. 2. Restore the stream to pre-existing conditions. a. includes the removal of the impacts, restoration of the stream channel as well as the restoration of the streambank and buffer along the stream. If pursuing Option 1: 1. Contact the U. S. Army Corps of Engineers to determine the permitting needs of the activities you have undertaken. The Asheville office phone number is (828) 271-7980. 2. Provide a proposed schedule of when you expect to have the required Pre- Construction Notification(401 WQC application) submitted to DWQ. If pursuing Option 2 a. Please submit a Stream Restoration Plan to this office for review and approval. You must secure an environmental consultant experienced in stream restoration to assist you with development of your plan and authorization necessary to achieve compliance. The plan must include the removal of the impacts, restoration of the stream channel as well as the restoration of the streambank and buffer along the stream. It is recommended that your consultant contact Chuck Cranford of the Asheville Regional Office for additional guidance during plan development. The plan should include the following: b. A proposed schedule with dates that indicate when you expect to begin and complete the restoration work. c. Once the plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Chuck Cranford. 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: NPS Assistance and Compliance Oversight Unit ARO File Copy Darlene Kucken-Division of Land Resources Tasha McCormick- USACE Doug Sharp -Buncombe County Planning S:\SWP\Buncombe\Complaints\Paynes ChapeRNOV-2011-OP-0011.doc RZ . r North Carolina Department of Environment and Natural Resources Division of Water Quality caves Perdue Coleen H. Sullins ,(nor Director Dee Freeman Secretary May 23, 2011 Ms. Natalie J. Berry, P.E. 100 N. King St. Hendersonville, NC 28792 SUBJECT: NPDES Stormwater Permit Site Inspection Henderson County Transfer Station Unpermitted (Currently) Henderson County Response Due: June 20, 2011 Dear Ms. Berry: This letter is in follow-up to the NPDES Stormwater site inspection conducted on April 28, 2011. Ms. Andrea Keller, Division of Waste Management Asheville Regional Office (ARO), was also present during the site inspection. The following items were discussed and will need to be addressed: 1. Henderson County must apply for an NCG130000 industrial stormwater permit. A Notice of Intent was presented to,you during the inspection. An additional copy has been attached for your use (along with th6l,Technical Bulletin for NCG130000 facilities). A fee of$100 made payable to the Division'of Water Quality,is also required with the application. 2. As part of the application, all stormwater outfalls associated with the recycling area should be identified. As we discussed, please provide written confirmation that the stormwater outfalls (drop inlets) near the transfer station are directed to the pump station that ultimately goes to the sanitary sewer. If any drop inlets near the transfer station are not directed to the sanitary sewer, please identify their ultimate destination to surface waters and note them as a stormwater outfall. 3. On-site vehicle maintenance is conducted in the garage by the transfer station. As we discussed, there is a floor drain that may or may not be discharging to the sanitary sewer (pump station) on-site. The floor drain pathway should be identified/confirmed. As long as vehicle maintenance activities are conducted inside the garage and the floor drain is directed to the sanitary sewer, analytical monitoring associated with stormwater from this activity will not be required. However, there should be no exposure of used oil, hydraulic fluid, etc. On the day of the inspection, some spent oil was noted on soils outside the garage. This should be prevented in the future (or the County may be subject to analytical monitoring associated with vehicle maintenance). 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 North Carolina An Equal Opportunity 1 Affirmative Action Employer Ms.Berry May 23,2011 Page 2 of 2 4. With regard to convenience center/public drop-off,the Division understands that this arc will be moved after construction of the new area, which is currently in progress. Until that time,there is an area with roll-off/garbage collection(sitting below the convenience area) that should be identified. It would be beneficial to Henderson County to prevent, as much as possible, direct conveyance of stormwater to the nearby tributary. Qualitative monitoring should be conducted at this area if there is no way to prevent the conveyance of stormwater to the tributary. 5. It was noted during the inspection that the area of electronics collection,battery collection, etc. had some exposure (overflow from the covered area). This should be prevented as much as possible; otherwise this should be considered an outfall for qualitative monitoring. The Division understands that this area will also be moved after completion of construction. 6. As discussed during the inspection, sediment loss was noted from the new construction area. The original in-line basins (likely constructed with the original landfill site,that is now closed),appeared to be full of newer sediment; likely,there are also impacts to the surface waters upstream of these basins. After the site is stabilized, a follow-up inspection will be conducted to fully determine the potential impact and determine a course of action to restore the surface waters. This area should be monitored and sediment should be prevented from migrating beyond the in-line basins. 7. Another issue with the new construction was noted near the transfer station. As with the area discussed in Item 96, Henderson County should ensure that no sediment is lost from this area(which includes discussing this with the on-site contractor; should existing measures not prevent sediment loss to surface waters, additional erosion control measures may be necessary, as you are aware). Please confirm who is responsible for the construction stormwater monitoring at the site. Please respond to the above items by June 20, 2011. Feel free to contact me at(828) 296-4665 or Susan.A Wilsongncdenr.gov, if I can be of any further assistance. Sincerely, Susan A. Wilson, P.E. Environmental Engineer Surface Water Protection Enclosure cc: ARO/DWQ Files ARO/LQ, Janet Boyer ARO/DWM, Andrea Keller Marcus A. Jones, P.E., Director of Engineering, Henderson County S:\SWP\Henderson\Stormwater\NCG 13 Non-metal Waste and Scrap\CEI.Henderson Co Transfer.5 201 I.doc N C50"OR North Carolina Department of Environment and Natural Resources Division of Water Quality ay Eaves Perdue Coleen H. Sullins Dee Freeman vernor Director Secretary May 24, 2011 Mr. J. B. Setzer, P.E. Division 14 Engineer N.C. Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection-NC Highway 28 DWQ Project 09-0451 TIP No. R-2408B Macon County Dear Mr. Setzer: On May 10,2011, I inspected the construction work on NC Highway 28 in Macon County. Construction continues along most of the project with grading and pipe installation underway. Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached to this letter. If you have questions, please call me at 828-296-4500. Sincerely, ;�/?'-;-,4 -PA, Michael R. Parker Environmental Senior Specialist Attachment cc: W. Trent Anderson Mark Davis, Division 14, DEO Ed Ingle, Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office (Setzer)NC Highway 28 Inspection Letter May 2011 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 Internet:www ncwaterouality orq NorthCarol.tna An Equal Opportunity 1 Affirmative Action Employer ;Va�a[ n rdll DWO Site Visits for DOT Projects Field Sheet DWQ representative: Michael R. Parker Date: May 10,2011 County: Macon Region: Esheville DOT Division: Division 14 Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #: 09-0451 NW Permit#: IP#: E::—= Project Name: N C Hihway 28 Widening TIP No. R-2408B Location of Project: NC Highway 28 from north of NCSR 1323 (Riverview Street)to south of NCSR 1378 (Bennett Road) in Macon County Project Complete: ❑Yes X No If no, estimated date of completion: Activities(DOD: Water Quality Concerns (DWQ): ❑ Bridge ❑ Steam Standards Violation X❑ Culvert X❑ Turbidity El Bottomless Culvert ❑ Evidence of spills ❑ Bottomless Arch ❑ Oil/Petroleum X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste ❑ Spoil Pile El Borrow Pit ❑ Failed E& S control measures X❑ Sedimentation Impacts ❑ Wetland Mitigation ❑ Stormwater Permit Violation ❑ Stream Restoration X❑ Fill X❑ On-site Stream Relocation ❑ Buffer Impacts (see below) ❑ Buffer Restoration ❑ Other X❑Bank Stabilization ❑ Other Additional Wetland Impacts: ❑yes X❑ no Estimated Acres C _� ❑ Zone I Est AcresE:::__:7] ❑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 Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited DWQ Site Visits for DOT Projects Background Info Name of Waterway(s): UT to Little Tennessee River,Rocky Branch and UT to Rocky Branch Basin/Subbasin: Little Tennessee 040401 Wetland Type: ❑Isolated x]Non-Isolated(Waters of US) Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB X[]Class C ❑ORW ❑Trout ❑WS-III ❑NSW ❑]HQW ❑WS-1 ❑WS-lV ❑SA ❑CA Type of Authorized Impact: XnCulvert ❑Bottomless Culvert ❑Bridge XnBottomless Arch XORiprap Inlet/Outlet Stabilization XDFill Authorized Wetland Impacts: Xn0— 1/loth acre ❑1/1 lth to 1/3`d acre -- ❑1/3`dto 1.0 acre ❑> 1.0 acre Authorized Stream Impacts: ❑< 150 linear feet X]> 150 linear feet Additional comments: Work underway on the project includes grading and pipe work. All areas that have been graded and no construction has taken place in the last 14 days should be seeded and mulched. Seeding needs to keep pace with the construction. The area around the stream culvert that has been installed should be seeded and matted. The new stream channel that has been excavated should be stabilized to prevent sediment from flowing down the channel into the stream. It is recommended that the All erosion control devices should be checked for proper operation. Continue to maintain erosion control devices and continue with seeding,matting and mulching as required to protect State surface waters. NC Highway 28 Inspection May 2011 _AK*�A A20-A ®E North Carolina Department of Environment and Natural Resources Division of Water Quality ly Eaves Perdue Coleen H. Sullins Dee Freeman vernor Director Secretary May 24, 2011 Mr. J. B. Setzer, P.E. Division 14 Engineer N.C. Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection-US Highway 19-74 TIP No. B-4286 DWQ Project No. 20100253 Swain County Dear Mr. Setzer: On May 10,2011, I inspected the construction work for the new bridge over the Nantahala River on US Highway 19-74 in Swain County. Construction is underway on the temporary bridge and approaches. Sediment and erosion control structures have also been installed and appear to be working properly. Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect State surface waters. A copy of the inspection report is attached to this letter. If you have questions, please call me at 828-296-4500. Sincerely, . -�, Michael R. Parker Environmental Senior Specialist Attachment cc: Trent Anderson,PE Mark Davis, Division 14,DEO Ed Ingle, Roadside Environmental Transportation Permitting Unit Mike Parker, Asheville Regional Office (Setzer)US Highway 19-74 B-4286 Inspection Letter May 2011 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 Internet:www ncwaterquality org NOI hC2rofi�11a An Equal Opportunity 1 Affirmative Action Employer ;Vatwi "y DWQ Site Visits for DOT Proiects Field Sheet DWQ representative: Michael R. Parker Date: May 10,2011 County: I Swain Region: [A:s:h::e:y:i:1:1e::::� DOT Division: Division 14 Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #: 20100253 NW Permit#: 23 &33 IP#: Project Name: B-4286 Over Nantahala River Location of Project: US 19-74 in Nantahala Gorge approximately 8 miles east of Andrews,NC Project Complete: ❑Yes X No If no, estimated date of completion: _-------I Activities(DOT): Water Quality Concerns (DWO)• X❑ Bridge ❑ Steam Standards Violation ❑ Culvert X❑ Turbidity ❑ Bottomless Culvert ❑ Evidence of spills ❑ Bottomless Arch ❑ Oil/Petroleum ❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste ❑ Spoil Pile ❑ Failed E& S control measures ❑ Borrow Pit X❑ Sedimentation Impacts ❑ Wetland Mitigation ❑ Stormwater Permit Violation ❑ Stream Restoration X❑Fill ❑ On-site Stream Relocation ❑ Buffer Impacts(see below) ❑ Buffer Restoration ❑ Other X❑ Bank Stabilization ❑ Other Additional Wetland Impacts: ❑yes X❑ no Estimated Acres ❑Zone 1 Est Acres ❑Zone 2 Est Acres Additional Stream Impacts: ❑yes X❑ no Est Linear feet�__7 Estimated linear feet of impact: Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ac Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ — ac Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited DWQ Site Visits for DOT Projects Background Info Name of Waterway(s): Nantahala River Basin/Subbasin: Little Tennessee 040403 Wetland Type: ❑Isolated []Non-Isolated(Waters of US) Stream Class: X❑Class B 0303d Listed ❑WS-11 ❑WS-V ❑SB ❑HQWC RWS-I ❑WS IV RSAS-III E]CA NSW ❑ Q Type of Authorized Impact: ❑Culvert ❑Bottomless Culvert XRBridge ❑Bottomless Arch ❑Riprap Inlet/Outlet Stabilization ❑Fill Authorized Wetland Impacts: Flo—rd/loth acre ❑1/I Ith to 1/3rd acre ❑1/3 to 1.0 acre ❑> 1.0 acre Authorized Stream Impacts: ❑< 150 linear feet ❑> 150 linear feet Additional comments: Work is underway on the project with the temporary bridge with approaches being constructed. Sediment and erosion control structures have been installed. Continue to maintain erosion control devices and continue with seeding,matting and mulching as required to protect State surface waters. US Highway 19-74(B4286)Nantahala River Inspection Report May 2011 Ww ry AM AWA AM W%k NCE-PENR North Carolina Department of Environment and Natural Resources Division of Water Quality ly Eaves Perdue Coleen H. Sullins Dee Freeman ✓ernor Director Secretary May 24, 2011 Mr. J. B. Setzer, P.E. Division 14 Engineer N.C. Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection-NCSR 1660 (Siler Road) TIP No. R-4748 Macon County Dear Mr. Setzer: On May 10, 2011, I inspected the construction work for the new route of NCSR 1660(Siler Road)in Macon County. Construction includes heavy grading and bridge site preparation. Sediment and erosion control structures have also been installed and appear to be working properly. Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect State surface waters. A copy of the inspection report is attached to this letter. If you have questions,please call me at 828-296-4500. Sincerely, p Michael R. Parker Environmental Senior Specialist Attachment cc: Mitchell Bishop, PE Mark Davis, Division 14, DEO Ed Ingle, Roadside Environmental Transportation Permitting Unit Mike Parker, Asheville Regional Office (Setzer)NCSR 1660(Siler Road)Inspection Letter May 2011 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-4500 l FAX:828-299-7043 Customer Service:1-877-623-6748 One Internet:www.ncwaterguality.org NorthCarOlina An Equal Opportunity 1 Affirmative Action Employer �J9t11A 4 DWQ Site Visits for DOT Proiects Field Sheet DWQ representative: Michael R. Parker -� Date: Lmay 10,2011 County: Lmacon Region: Asheville DOT Division: LDivision 14 Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #: 09-0451 NW Permit#,E:== IP#: t Project Name: R-4748 NCSR 1660 New Route Location of Project: From NCSR 1660 Siler Road to NCSR 1662 Wiley Brown Road i n Macon County Project Complete: ❑Yes X No If no, estimated date of completion: Activities(DOT): Water Quality Concerns (DWQ): X❑ Bridge ❑ Steam Standards Violation ❑ Culvert X❑ Turbidity ❑ Bottomless Culvert ❑Evidence of spills ❑ Bottomless Arch ❑ Oil/Petroleum ❑Riprap Inlet/Outlet Stabilization ❑ Solid Waste ❑ Spoil Pile ❑ Failed E& S control measures ❑ Borrow Pit X❑ Sedimentation Impacts ❑ Wetland Mitigation ❑ Stormwater Pen-nit 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 L ❑Zone 1 Est Acres ❑Zone 2 Est Acres t Additional Stream Impacts: ❑yes X❑ no Est Linear feet L Estimated linear feet of impact: L Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact 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): Little Tennessee River Basin/ Subbasin: Little Tennessee 040401 Wetland Type: ❑Isolated xFlNon-Isolated(Waters of US) Stream Class: ❑Class B ❑303d Listed ❑WS-11 ❑WS-V ❑SB XE]Class C ❑ORW ❑Trout ❑WS-III RNSW F-1HQW ❑WS-I ❑WS-IV ❑SA ❑CA Type of Authorized Impact: ❑Culvert E]Bottomless Culvert ❑Bridge ❑Bottomless Arch ❑Riprap Inlet/Outlet Stabilization ❑Fill Authorized Wetland Impacts: no_ 1/10th acre ❑1/11`"to 1/3`d acre ❑1/3rdto 1.0 acre ❑> 1.0 acre Authorized Stream Impacts: ❑< 150 linear feet ❑> 150 linear feet Additional comments: Work is underway on the project includes heavy grading in preparation for bridge construction. Sediment and erosion control structures have been installed. Continue to maintain erosion control devices and continue with seeding, matting and mulching as required to protect State surface waters. NCSR 1660(Sher Road)Inspection May 2011 A!;A, CDENR 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 May 24, 2011 Mr. Roger C. Floren Flesher's Fairview Rest Home PO Box 1160 Fairview, NC 28730 SUBJECT: Compliance Evaluation Inspection Flesher's Fairview Rest Home WWTP Permit No: NCO034924 Buncombe County Dear Mr. Floren: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on May 10, 2011. The facility was found to be in compliance with permit NC0034924. 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 f✓� Enclosure Environmental Specialist cc: Juanita James, ORC Central Files Asheville Files S:\SWP\Buncombe\Wastewater\Minors\Flesher's Rest Home 34924\CEI 5-10-11.doc 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.ncwaterauality.orqS?- Natur"tIV i�/ -__ United States Environmental Protection Agency Washington,D.C.20460 Form Approved. OMB No.2040-0057 Water Compliance Inspection Re ort Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES ydmo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO034924 111 121 11105/l0 ' 17 181 CI 19I SI 20II 21 1 1 f I I Remarks illl � ll � � � � lllill � � ll � � I6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------Reserved-------- ------ -- 67I 1.0 169 70I 31 711 ( 72I N I 73 LU 74 751 III 1 l l l 80 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date POTW name and NPDES permit Number) Permit Effective Date Flesher's Fairview Rest Home 03:20 PM 11/05/10 05/12/01 3016 Cane Creek Rd Exit Time/Date Permit Expiration Date Fairview NC 28730 03:50 PM 11/05/10 10/10/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number s Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Roger C Floren,PO Box 1160 Fairview NC 28730//828-628-1066/ Contacted No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 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 AZ— '4 , 4 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES ydmo/day Inspection Type (c,' 3I NCO034924 I11 12I 11/05/10 117 18I�I Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION` COLLECTION SYSTEM: The collection system consists of< 12 connections. WASTEWATER TREATMENT PLANT (WWTP): The WWTP consists of a class II 0.035 MGD extended aeration WWTP with; gravity fed collection system into a 5,000 gallon pre-aeration tank; bar screen; 9,000 gallon flow equalization basin with dual pumps and controls; six 9,000 gallon extended aeration tanks with blowers providing diffused air; two 3,000 gallon hopper-style rectangular clarifiers; 9,000 aerated sludge holding tank; tablet chlorinator; dual 500 gallon chlorine contact chambers; tablet dechlorinator; 750 gallon post-aeration tank; Badger Meter Compu-Sonic Model 2100 MB ultrasonic flow meter with chart recorder; and effluent composite sampler. PERMIT/ INSPECTION /LOG: The permit expired on 10-31-2005. Please continue to operate under the existing permit until one is reissued. A review of the files indicates that the last compliance evaluation inspection was conducted on 12-30-2009 by Wanda Frazier. 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 = 23 degrees Celsius pH = 6.6 units Dissolved Oxygen = 3.6 mg/I Settleable Solids = 550 ml/I = 55% Page# 2 Permit: NCO034924 Owner-Facility: Flesher's Fairview Rest Home .tion Date: 0 5/1 012 0 1 1 Inspection Type: Compliance Evaluation JW MEASUREMENT: The Badger Meter Compu-Sonic Model 2100 MB ultrasonic flow meter with chart recorder was last recalibrated on 5-3-2011. EFFLUENT: The effluent data was as follows: Dissolved Oxygen = 2.5 mg/I PH = 6.7 units Temperature = 23 degrees Celsius Chlorine = <15 ug/I SLUDGE MANAGEMENT: Commercial hauler(Mike's Septic Service)to the City of Brevard's WWTP and MSDs WVVTP, OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY: Ms. Juanita James, ORC contractor, assisted in the inspection and appears to be operating and maintaining the facility very well. The effluent was clear and appeared to be in compliance with permit limits. SYSTEM PERFORMANCE ANNUAL REPORT(SPAR): The 2010 System Performance Annual Report was received by the Division on March 1, 2011. Page# 3 Permit: NC0034924 Owner-Facility: Flesher's Fairview Rest Home Inspection Type: Compliance Evaluation Inspection Date: 05/10/2011 Yes No NA NE Permit n (If the present permit expires in 6 months or less). Has the permittee submitted a new application? nn ■ ■ nnn Is the facility as described in the permit? n ■ nn #Are there any special conditions for the permit? Is access to the plant site restricted to the general public? ■ nnn Is the inspector granted access to all areas for inspection? Comment: Yes No NA NE Equalization Basins ■ nnn Is the basin aerated? ■ nnn . Is the basin free of bypass lines or structures to the natural environment? ■ nnn Is the basin free of excessive grease? ■ nnn Are all pumps present? ■ nnn Are all pumps operable? ■ nnn Are float controls operable? ■ nnn Are audible and visual alarms operable? ■ nnn #Is basin sizelvolume adequate? Comment: Yes No NA NE Bar Screens Type of bar screen ■ a.Manual n b.Mechanical s ■ nnn Are the bars adequately screening debris? ■ nnn Is the screen free of excessive debris? ■ nnn Is disposal of screening in compliance? ■ nnn Is the unit in good condition? Comment: Yes No NA NE Aeration Basins Ext.Air Mode of operation Diffused Type of aeration system ■ nnn Is the basin free of dead spots? nn ■ n Are surface aerators and mixers operational? Page# 4 Permit: NC0034924 Owner-Facility: Flesher's Fairview Rest Home ,:tion Date: 0 511 0/2 0 1 1 Inspection Type: Compliance Evaluation ;ration Basins Yes No NA NE Are the diffusers operational? 0 Cl 0 Is the foam the proper color for the treatment process? ❑ fl 0 Does the foam cover less than 25%of the basin's surface? 0 n n Is the DO level acceptable? n n Cl Is the DO level acceptable?(1.0 to 3.0 mg/1) (1 n ■ 0 Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? M n f1 n Is the site free of excessive buildup of solids in center well of circular clarifier? n 0 S Are weirs level? ■ ❑ n rl Is the site free of weir blockage? 0 0 ❑ Q Is the site free of evidence of short-circuiting? M 0 ❑ 11 Is scum removal adequate? O 0 ❑ n Is the site free of excessive floating sludge? ■ fl ❑ n Is the drive unit operational? n Is the return rate acceptable(low turbulence)? n Is the overflow clear of excessive solids/pin floc? ® 0 (_-I 0 Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ® ❑ n Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? 0 fl Cl n Are the tablets the proper size and type? ® Q ❑ n Number of tubes in use? 2 Is the level of chlorine residual acceptable? ■ 0 n Is the contact chamber free of growth, or sludge buildup? n D D Is there chlorine residual prior to de-chlorination? n n D Comment: De-chlorination Yes No NA NE Type of system? Is the feed ratio proportional to chlorine amount(1 to 1)? 0 ❑ Page# 5 Permit: NCO034924 Owner-Facility: Flesher's Fairview Rest Home inspection Date: 05/10/2011 Inspection Type: Compliance Evaluation Yes No NA NE De-chlorination nn ■ n is storage appropriate for cylinders? #Is de-chlorination substance stored away from chlorine containers? nn ■ n Comment: ■ nnn Are the tablets the proper size and type? ■ nnn Are tablet de-chlorinators operational? 1 Number of tubes in use? Comment: Yes No NA NE Operations&Maintenance ■ nnn Is the plant generally clean with acceptable housekeeping? Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO, Sludge ■ [1 Q fl Judge,and other that are applicable? Comment: Page# 6 AJA KOM 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 May 24, 2011 Mr. Glen L. Foster, Director Global Environmental Tyco Electronics Corporation PO Box 3608; MS140-42 Harrisburg PA 17105-3608 SUBJECT: Compliance Evaluation Inspection Tyco Electronics Corporation WWTP CII Division — Fairview, NC Permit No: NCO033227 Dear Mr. Foster: Buncombe County Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on May 10, 2011. The facility was found to be in compliance with permit NC0033227. 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: John Frazier, Jr. — TEC EHS Coordinator Juanita James — J&J Env. Mgmt. Inc. Central Files Asheville Files S:\SWP\Buncombe\Wastewater\Industrial\Tyco Electronics Corp 33227\CEI 5-10-11.doc 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 NorthCaroli/na Internet:www.ncwaterguality orgA M Nat AdA-,W United States Environmental Protection Agency J Q Washington,D.C.20460 Form Approved. ` OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO033227 111 12I 1_1/05/10 117 181 CI 19I sI 20I Remarks 2111111 1 1 1 IIIIIIIIIIIIIIIIIIIIii11IIIIIIII1111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------------Reserved--------------------- 67I 1.o 169 70I 3 I 71 I I 72I N I 73' L t I 174 75I 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) Tyco Electronics Corporation 04:00 PM 11/05/10 06/01/01 NcsR 2800 Exit Time/Date Permit Expiration Date Fairview NC 28730 04:30 PM 11/05/lo 10/12/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Glen L Foster,PO Box 3608 Msl40-42 Harrisburg PA Contacted 171053608//717-561-6419/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 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 Numbe s Date f tJd " 2 )2-0 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3I NCO033227 I11 12I 11/05/10 I17 18Ici Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: Global Aerospace, Defense and Marine -Tyco Electronics Corporation —C-ll Division - Fairview, NC DEVELOPMENT: Consists of an industrial manufacturing facility for aerospace contactors (SIC#3679) employing 219 employees. COLLECTION SYSTEM: The collection system consists of< 12 connections. OUTFALLS: 001 Sanitary Wastewater 002 Boiler Blowdown (non-contact—no chemicals)—no longer used 003 Cooling Tower Blowdown—discharges to pond 004 Groundwater Remediation 0.288 MGD treatment system with air stripping and activated carbon and dual magnetic flow meters (extraction of 6 wells—46,000 gpd total) STORMWATER: NCGNE0244- No exposure exclusion WASTEWATER TREATMENT PLANT (WWTP): Outfall 001 The WWTP is a class Il, 0.0175 MGD extended aeration package plant consisting of: bar screen; aeration basin with dual blowers providing diffused air; hopper-style rectangular clarifier with skimmer and sludge returns; % tablet chlorinator; chlorine contact chamber; and tablet dechlorinator. Annual Average Flow: 0.002 MGD (3 year ave.: 2007-2010) Maximum Daily Flow: 0.005 MGD (during 3 previous years: 2007-2010) Sludge Management: Commercial hauler(Mike's Septic Service) to the City of Brevard's WWTP and MSD's WWTP. PERMIT/INSPECTION/LOG: The permit expired on 12-31-2010. Your renewal request was received on 7-1-2010. Please continue to operate under the existing permit until you receive a new one. Note: On October 25, 2010,the permittee requested to combine outfalls 001 and 003, since the cooling tower water is a direct pass-through of city water, with no contact with process activity and no chemical additions for tower treatment. A review of the files indicates that the last compliance evaluation inspection was conducted on 2-13-2009 by Jeff Menzel Page# 2 Permit: NCO033227 Owner-Facility: Tyco Electronics Corporation .pion Date: 05/10/2011 Inspection Type: Compliance Evaluation The daily operator log was present on-site and had good notation of daily events, process control and field testing data. TREATMENT UNITS/PROCESS CONTROL TESTING DATA: The activated sludge aeration basin process control data was as follows: Temperature = 23 degrees Celsius pH = 7.2 units Dissolved Oxygen = 1.1 mg/I Settleable Solids = 600 ml/I = 60% EFFLUENT: The effluent data was as follows: Dissolved Oxygen = 1.75 mg/I pH = 7.4 units Temperature = 20 degrees Celsius Chlorine = < 15 ug/I OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY: Mr. John Frazier, Tyco EHS Coordinator, and Ms. Juanita James, contract ORC, assisted in the inspection and appear to be operating and maintaining the facility very well. The effluent was clear and appeared to be in compliance with permit limits. SYSTEM PERFORMANCE ANNUAL REPORT (SPAR): The 2010 System Performance Annual Report was received by the Division on March 1, 2011. Page# 3 - Permit: NCO033227 Owner-Facility: Tyco Electronics Corporation Inspection Date: 05/10/2011 Inspection Type: Compliance Evaluation Yes No NA NE Permit n (If the present permit expires in 6 months or less). Has the permittee submitted a new application? nn ■ ■ nnn Is the facility as described in the permit? ■ nnn #Are there any special conditions for the permit? ■ nnn Is access to the plant site restricted to the general public? ■ nnn Is the inspector granted access to all areas for inspection? Comment: Yes No NA NE Operations&Maintenance ■ nnn Is the plant generally clean with acceptable housekeeping? Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ® n n 0 Judge, and other that are applicable? Comment: Yes No NA NE Bar Screens Type of bar screen a.Manual b.Mechanical ■ nnn Are the bars adequately screening debris? ■ nnn Is the screen free of excessive debris? ■ nnn Is disposal of screening in compliance? ■ nnn Is the unit in good condition? Comment: Yes No NA NE Aeration Basins Ext.Air Mode of operation Diffused Type of aeration system ■ nnn Is the basin free of dead spots? nn_ ■ n Are surface aerators and mixers operational? ■ nnn Are the diffusers operational? ■ nnn Is the foam the proper color for the treatment process? ■ nnn Does the foam cover less than 25%of the basin's surface? ■ nnn Is the DO level acceptable? ■ nnn Is the DO level acceptable?(1.0 to 3.0 mg/I) Page# 4 Permit: NC0033227 Owner-Facility: Tyco Electronics Corporation .tion Date: 05/10/2011 Inspection Type: Compliance Evaluation ration 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? (=1 n ■ El Are weirs level? ® n n n Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ n n n Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? n n ■ n Is the return rate acceptable(low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ n Cl n Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ■ n 0 0 Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ n 110 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 Is the contact chamber free of growth, or sludge buildup? ■ n n Cl Is there chlorine residual prior to de-chlorination? ■ n 013 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? 00 ■ n #Is de-chlorination substance stored away from chlorine containers? f1 n ■ n Comment: Are the tablets the proper size and type? ■ ❑ ❑ n Are tablet de-chlorinators operational? ■ n n n Page# 5 Permit: NC0033227 owner-Facility: Tyco Electronics Corporation Inspection Date: 05/10/2011 Inspection Type: Compliance Evaluation Yes No NA NE De-chlorination 2 Number of tubes in use? Comment: Page# 6 Aw4i'A' NCD North Carolina Department of Environment and Natural Resources Division of Water Quality caves Perdue Coleen H. Sullins ,,nor Director Dee Freeman Secretary May 27, 2011 George Moore 17716 Riverford Dr. Davidson,NC 28036 Subject: 401 Water Quality Certification -Approval George Moore Lot 1780/91 DWQ Project# 11-0386 Burke County CTB/Lake James/ 11-(23)/WS-V, B Dear Mr. Moore: 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 360 linear feet of shoreline for the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to) Erosion and Sediment Control and Catawba Buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: 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 Nor,/th/C�.'cyroll/llla An Equal Opportunity l Affirmative Action Employer N i�f'rt l iiI& George Moore May 27,201 I Page 2 of 2 Amount Approved (Units) Plan Location or Reference Waters 0.017 (acres) Application#7 Buffers 1080 (square ft.) Application#8a, 8b Additional Conditions 1. Catawba Buffer Rule The proposed project must comply with the Burke County local riparian buffer ordinance approved by the Division of Water Quality under the Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers, 15A NCAC 02B .0243(b). 2. Buffer Replanting and Monitoring Vegetation within disturbed areas of the shoreline associated with the shoreline stabilization shall be replanted. Trees shall be at least 3" diameter at breast height(DBH). Plantings shall be sufficient to yield 320 trees per acre at maturity and 1200 shrubs per acre at maturity. Monitoring of the plantings shall take place for at least a year to determine if planting obtained the required density. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and erosion control practices must be used to meet this standard. 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, Cy ° elk ', Coleen H. Sullins,Director CHS/lsw Eric: GC3693 Certificate of Completion cc: USACE Asheville Regulatory Field Office Bennick Enterprise s-Carissa Parker 401 Permitting Unit—Central Office 7836 HWY 70 E Duke Energy-Wade Harmon Nebo,NC 28761 Burke County Planning-Pete Minter File Copy S:\SWP\Burke\401 s\Non-DOT\Moore-Lk James\Approval.Moore.May2011.doc 'A XAA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Eaves Perdue Coleen H. Sullins rnor Director Dee Freeman Secretary May 31, 2011 Berkley Asbury 405 3` Street N.E. Conover, NC 28613 Subject: 401 Water Quality Certification -Approval Berkley Asbury Lot 22 DWQ Project# 11-0414 Burke County CTB /Lake James / 11-(23)/WS-V, B Dear Mr. Asbury: 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 100 linear feet of shoreline for the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your` application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to)Erosion and Sediment Control and Catawba Buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Location:2090 U.S.Highway 70,swannanoa,North Carolina 28778 Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 1�TOne 1 Internet:www.ncwaterquality.org NorthCarolina An Equal Opportunity 1 Affirmative Action Employer Natu i4 Berkley Asbury May 31,2011 Page 2 of 2 Amount Approved (Units) Plan Location or Reference Waters (below water 0.005 (acres) (200 sq.ft.) Application 97 level) Waters {above water 0.005 (acres) (200 sq. ft.I Application#8a level) Additional Conditions 1. Catawba Buffer Rule The proposed project must comply with the Burke County local riparian buffer ordinance approved by the Division of Water Quality under the Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers, 15A NCAC 02B .0243(b). 2. Buffer Replanting and Monitoring If vegetation within disturbed areas of the shoreline associated with the shoreline stabilization has to be removed then replanting shall take place. Trees shall be at least 3" diameter at breast height(DBH). Plantings shall be sufficient to yield 320 trees per acre at maturity and 1200 shrubs per acre at maturity. Monitoring of the plantings shall take place for at least a year to determine if planting obtained the required density. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units)control practices iot brnust be used to meet described his in 15 A NCAC 2B. .0200. Appropriate sediment and erosiones standard. Violations of any condition herein set forth may result in revocation of this Certification and may result in U 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/tsw Eric: GC3693 Certificate of Completion cc: USACE Asheville Regulatory Field Office Bennick Enterprises-Carissa Parker 401 Permitting Unit—Central Office 7836 HWY 70 E Duke Energy-Wade Harmon Nebo,NC 28761 Burke County Planning-Pete Minter File Copy S:\SWP\Burke\401s\Non-DOT\Berkley Asbury-Lk James\ApprovaL Asbury.May201 l.doc Axx r..-. a NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Eaves Perdue Coleen H. Sullins arnor Director Dee Freeman Secretary May 31, 2011 William Fournier 1282 S. Barksdale Rd. Mt. Pleasant, SC 29464 Subject: 401 Water Quality Certification - Approval Fournier Dam Repairs DWQ Project# 11-0435 Polk County BrD/Camp Crk/9-29-32 /C, Tr Dear Mr. Fournier: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. '\pproval has been granted to place fill within or otherwise impact 0.007 acres of wetlands for the purpose of aam repairs 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 3687. This Certification allows You to use Nationwide Permit 3 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control and Buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, You must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units)rPlanLocation or Reference Wetlands 0.007 (acres) T Application 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 NOrthCarollna An Equal Opportunity 1 Affirmative Action Employer Williams Fournier May 31,2011 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may r. criminal and/or civil penalties. if you do not accept any of the conditions of this Certification(associated with the approved wetland or se. 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 Carolin.. 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 CHSJIsw Enc: GC3687 Certificate of completion cc: USACE Asheville Regulatory Field Office 401 Permitting Unit—Central Office File Copy Froehling&Robertson,Inc.-Don Sipher 1734 Seibel Dr.NE Roanoke,VA 24012 S:\SWP\Polls\401s\Non-DOT\Fournier dam\Approval.Fournieriune 201 t.doc