Loading...
HomeMy WebLinkAboutDWR Read File Archive May 2012 NCD North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, RE, Dee Freeman Governor Director Secretary May 1, 2012 Ms. Deborah Durbin Giles Chemical Corporation 102 Commerce Street Waynesville,NC 28786 SUBJECT: NPDES Stormwater Permit Compliance Inspection Giles Chemical - Waynesville Plant Permit No: NCG500244 Haywood County Dear Ms. Durbin: This letter is in follow-up to the NPDES Permit Compliance Inspection conducted on April 25, 2012. The Division of Water Quality(represented by Tim Fox and 1) appreciates your assistance, along with Mr. Owen and Mr. Willis, during the site inspection. Enclosed is a copy of the Inspection Report(for both the NCG500244 and the stormwater site inspection), which contains additional observations and comments for your reference. The DWQ will continue to work with Giles Chemical to determine the best course of action for compliance with stormwater regulations. Please contact me at(828) 296-4665 or Susan.A.Wilsongncdenngov, if I can be of any further assistance. Sincerely, f� usan A. Wilson Environmental Engineer Surface Water Protection Enclosures NCG500244 Inspection Site Inspection(non-DOT)Report cc: Central Files ARO Files S:\SWP\Haywood\Wastewater\General\NCG50 Non-Contact\NCG500244 Giles\Inspection Lttr.Giles.4 2012.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\FAX:828-299-7043 NOrthCaro na Internet:www.ncwaterquality.org Mnrall An Equal Opportunity,Affirmative Action Employer United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15 I 31 NCG500244 111 121 12/04/25 117 181 C I 19I S I 20I Remarks 21IIII IIIIIIIIIIII IIII IIII I I I I I I I I I I I I I I I I IIIIIII6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67 I 169 701 I 711 I 72 I N I 73 LLJ 74 751 I I I I I Li 80 Section B: Facility Data W Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 01:30 PM 12/04/25 07/08/01 Waynesville plant 102 Commerce St Exit Time/Date Permit Expiration Date Waynesville NC 28786 03:00 PM 12/04/25 12/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data 11/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Stacy Howell,102 Commerce St Waynesville NC 28786//828-452-4784/8284524786 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Records/Reports Facility Site Review M 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 Inspector(s) Agency/Office/Phone and Fax Numbers Date Susan A Wilson ARO WQ//828-294-4500/ Timothy R Fox ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 ._..... ....... NPDES yr/mo/day Inspection Type (cont. 3 NCG500244 I11 12I 12/04/25 17 18I d Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Susan Wilson and Tim Fox(DWQ) met Deborah Durbin (ES&H), Patrick Owen, and Robert Willis (of Giles Chemicals) on April 25, 2012. Giles Chemicals makes epsom salts for bulk and retail sales. Magnesium oxide and sulfuric acid are shipped by truck or rail to be used in the process. The facility discharges blowdown from the process. The facility is also tied-in to the Waynesville WWTP for some process wastewater and domestic wastewater. Floor drains in the plant go to Waynesville. Per Patrick Owen, air compressor condensate also goes to the municipal sewer system. The facility has been monitoring for temperature and pH -as required (and has been in compliance). They have not been monitoring for total residual chlorine as required (and this was discussed during the inspection -they were not aware they had to). They expressed a desire to become certified for total residual chlorine. After speaking with Gary Frances, Laboratory Certification, since the facility is not "classified" due to the general permit status, and DMRs do not have to be submitted to DWQ, Giles will not have to be certified for TRC (they plan to use their in-house instrument). The non-contact cooling water inspection was prompted mainly due to the inspection for stormwater. The facility is essentially compliant with this permit (with the exception of the TRC monitoring). No adverse water quality impacts were noted at the facility during the time of inspection. (See additional notes under Giles Chemical -site inspection). Page# 2 Permit: NCG500244 Owner-Facility: Waynesville plant Inspection Date: 04/25/2012 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n Is the facility as described in the permit? ■ ❑ ❑ n #Are there any special conditions for the permit? n ■ n n Is access to the plant site restricted to the general public? n n ■ n Is the inspector granted access to all areas for inspection? ■ n n n Comment: This inspection was for a standard Non-contact cooling water general permit. There is no wastewater treatment plant associated with the plant. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ n n n Is all required information readily available,complete and current? ❑ ■ Cl Cl Are all records maintained for 3 years(lab. reg. required 5 years)? ■ n n n Are analytical results consistent with data reported on DMRs? n 130 n Is the chain-of-custody complete? n n ■ n Dates,times and location of sampling n Name of individual performing the sampling n Results of analysis and calibration n Dates of analysis n Name of person performing analyses n Transported COCs n Are DMRs complete:do they include all permit parameters? n n ■ n Has the facility submitted its annual compliance report to users and DWQ? Cl 0 ■ ❑ (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? n ❑ ■ 0 Is the ORC visitation log available and current? n ❑ ■ n Is the ORC certified at grade equal to or higher than the facility classification? Cl 0 ■ Cl Is the backup operator certified at one grade less or greater than the facility classification? 0 El ■ n Is a copy of the current NPDES permit available on site? 0 ■ n ❑ Facility has copy of previous year's Annual Report on file for review? n 0 ■ Page# 3 Permit: NGG500244 Owner-Facility: Waynesville plant Inspection Date: 04/25/2012 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Comment: This is a general permit, there is no WW treatment plant and no required ORC. Records are maintained on-site (as required). The facility has not performed total residual chlorine monitoring 2/year as required by the permit(this was discussed during the inspection). Temperature and pH are measured upstream and downstream of the plant (which is fine). Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ ❑ 0 f1 Are the receiving water free of foam other than trace amounts and other debris? ■ 0 0 0 If effluent (diffuser pipes are required) are they operating properly? 0 0 ■ (_I Comment: The NCCW outfall is located mid-plant at an access/transfer"bridge" across Richland Creek. Page# 4 Compliance Inspection Report Facility Name: Waynesville plant Facility Address: 102 Commerce St Waynesville NC 28786 County: Haywood Region: Asheville Directions: Latitude: +35°29'34" Longitude: -82'59'33" Facility Owner Name: Giles Chemical Corporation Inspection Date: 04/25/12 Reason for Inspection: Routine Inspection Type: Site Inspection(non-DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Susan A Wilson Phone: 828-294-4500 Secondary Inspector(s): Facility Compliance Status: 0 Compliant n Not Compliant Program Areas: NPDES SW-Industrial Question Areas: Failure to Secure NPDES SW Permit Inspection Summary: Susan Wilson and Tim Fox(DWQ)met with Deborah Durbin, Patrick Owen,and Robert Willis(Giles Chemical Corp)to determine if a stormwater permit is necessary. DWQ reviewed the entire site and had some suggestions to reduce exposure. DWQ will continue to work with Giles Chemical to determine the need for a stormwater permit. The facility makes epsom salts-this process does not fall under any SW General permit. Should a SW permit be necessary-it would have to be an individual permit. Due to the limited exposure-DWQ/ARO does not believe that an individual permit will be warranted. DWQ/ARO may require the facility to produce and implement a Stormwater Pollution Prevention Plan. The facility has some exposure loading/unloading materials at the RR track(however,there is no stormwater pathway for this to leave the area unless the spill is extremely large). The facility also has some exposure at the filter cake conveyer belt over Richland Creek. Giles is now getting bids to put a"catch guard"in place under the conveyer belt to prevent loss of filter cake. There is also exposure at the sulfuric acid tanks(which have secondary containment). Their procedure is to take pH readings in the basin, if neutral-pump out via sump pump to the storm drain. We discussed documenting this procedure each time it is done as part of a SWPPP. Page: 1 Facility: Waynesville plant Owner-Facility: Giles Chemical Corporation Inspection Date: 04/25/12 Inspection Type: Site Inspection(non-DOT) Reason for Visit: Routine Failure to Secure NPDES SW Permit Yes No NA NE Does the site have a NPDES Industrial Stormwater Permit? n ■ n n Comment: DWQ is working with Giles Chemical to determine if a stormwater permit is necessary. The company is taking steps to reduce its exposure and will apply for a No Exposure permit. DWQ may require Giles to maintain a Stormwater Pollution Prevention Plan even if No Exposure applies. Page: 2 NCURR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 1, 2012 Mountain Recycling Scott Kiser 1581 US Hwy 70 Connelly Springs NC 28612 SUBJECT: NPDES Stormwater Permit Compliance Inspection Griffin-Gordon Mountain Recycling, LLC Permit No: NCG200448 Burke County Status:Noncompliant Response Due Date: May 30, 2012 Dear Mr. Kiser: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on March 27, 2012. The facility was found to be non-compliant with permit NCG200448. The facility is in Tier Three of noncompliance with their Analytical Monitoring; except for oil and grease, all parameters are consistently above the benchmarks. The required action for the facility is to install structural stormwater control measures and to perform monthly Analytical Monitoring. The treatment system in place at the facility is nominally effective. Please submit a Compliance Plan to this office for review. You must secure an environmental consultant experienced in stormwater compliance to assist you with development of your plan and authorizations necessary to achieve compliance. It is recommended that your consultant contact me for additional guidance during plan development. The Division of Water Quality requests that you respond by May 30, 2012. Your response should be sent to my attention at Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778. Enclosed is a copy of the Compliance Inspection Report, which contains additional observations and comments for your reference. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One 828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 NOIt�Ia]'0l111c`l Internet:www.ncwaterquality.org An Equal Opportunity'.Affirmative Action Employer VVatulalloff Page Two Mountain Recycle May 1,2012 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. Please contact me at(828) 296-4500 or linda.wiggsf c,ncdenr.gov, if I can be of any further assistance. Sincerely, Linda Wiggs Environmental Specialist Surface Water Protection Enclosure cc: Central Files � Asheville Files S:\SWP\Burke\Stormwater\NCG20 Scrap Metal\Griffin-Mountain Recycle\inspect.LTR.March20l2.doe Compliance Inspection Report Permit: NCG200448 Effective: 01/01/10 Expiration: 12/31/14 Owner: Griffin-Gordon Recycling SOC: Effective: Expiration: Facility: Mountain Recycling, LLC County: Burke 1581 Highway 70 Region: Asheville Connelly Spg NC 28612 Contact Person: Title: Phone: 828-397-7493 Directions to Facility: 1-40 to exit 116. Right off ramp. Left at the first light. Facility is 1 mile on the right System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 03/27/2012 Entry Time: 02:45 PM Exit Time: 05:00 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: Wholesale Trade of Metal Waste and Scrap Stormwater Discharge COC Facility Status: ❑ Compliant ■ Not Compliant Question Areas: Storm Water (See attachment summary) Page: 1 Permit: NCG200448 Owner-Facility: Griffin-Gordon Recycling Inspection Date: 03/27/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Facility is not meeting benchmarks. The facility is in Tier Three of noncompliance with their Analytical Monitoring;except for oil and grease, all parameters are consistently above the benchmarks. The facility should have been doing monthly monitoring since the end of 2010. Regardless, they have properly notified DWQ upon receipt of four exceedances. The required action for the facility is to perform monthly Analytical Monitoring and to install structural stormwater control measures. Page: 2 Permit: NCG200448 Owner-Facility: Griffin-Gordon Recycling Inspection Date: 03/27/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ n n n #Does the Plan include a General Location(USGS)map? ■ n n n #Does the Plan include a"Narrative Description of Practices"? ■ 0 n ❑ #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? ■ 0 n 0 #Has the facility evaluated feasible alternatives to current practices? ■ n n n #Does the facility provide all necessary secondary containment? ■ n n n #Does the Plan include a BMP summary? ■ ❑ ❑ ❑ #Does the Plan include a Spill Prevention and Response Plan(SPRP)? ■ n 0 ❑ #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ ❑ n n #Does the facility provide and document Employee Training? ■ n n n #Does the Plan include a list of Responsible Party(s)? ■ n n n i #Is the Plan reviewed and updated annually? ■ n n n #Does the Plan include a Stormwater Facility Inspection Program? ■ n n n Has the Stormwater Pollution Prevention Plan been implemented? ■ n n n Comment: Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ n 0 Comment: see summary Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ n #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ■ 0 n n Comment: Facility is in Tier Three of noncompliance. Monthly monitoring is required. Installation of structrual stormwater control measures is required. See summary Permit and Outfalls Yes No NA NE #Is a copy of the Permit and the Certificate of Coverage available at the site? ■ 0 #Were all outfalls observed during the inspection? ■ n n n #If the facility has representative outfall status,is it properly documented by the Division? 0 n ■ 0 #Has the facility evaluated all illicit(non stormwater)discharges? ■ ❑ n fl Comment: see summary Page: 3 ��� ��� / _. \_J A4�JfAk t� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 1, 2012 Marion Oliver, POA Treasurer The Brow Association, Inc. PO Box 21127 Columbia, S.C. 29221 Subject: NOTICE OF VIOLATION NOV-2012-PC-0158 White Oak Mountain Condominiums Permit No. NCO058581 Polk County Response deadline: May 14, 2012 Dear Mr. Oliver: Information previously gathered by this office, and recently confirmed, indicates the treatment facility serving the subject site is in violation of Permit NC0058581. Failure to properly repair the effluent discharge pipe is a violation of Section C. Operation and Maintenance of Pollution Controls of the permit. Please respond to this office in writing by the response deadline noted above explaining how you intend to return the facility to compliance with the permit. If conditions preclude repair of the effluent line, therefore preventing discharge of effluent to surface waters of the State, rescission or revocation of the permit will be required. The Division understands the Association is investigating an alternative wastewater treatment system through the Onsite Water Protection Branch of the Environmental Health Section of DHHS for the discharge of its treated wastewater. The Division fully supports such an option and will gladly assist with transition from the current NPDES permit to an onsite system. 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 V Internet:www.ncwaterguality.org atzmally S:\SWP\Polk\Wastewater\Minors\Brow(White Oak Mtn)58581\NOV-2012-PC-01 58.4.30.12.docx Marion Oliver May 1,2012 Page 2 of 2 Your cooperation in this matter is greatly appreciated. If you have any questions or concerns, please contact Jeff Menzel at 828-296-4658. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection cc: Ken Deaver, Kace Environmental Rob Burgin — Burgin Engineering, Inc. (ecopy) Trish Angoli — Onsite Water Protection Branch DHHS (ecopy) Central Files ARO Files i 4-P, NCURR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 1, 2012 Scott Fortner Mike Vencill Unimin Corporation Unimin Corporation 107 Harris Mining Co Rd Hwy 19E 107 Harris Mining Co Rd Hwy 19E Spruce Pine NC 28777 Spruce Pine NC 28777 Andrew Bradley Unimin Corporation 258 Elm St. New Canaan, CT 06840 SUBJECT: NPDES Stormwater Permit Compliance Inspection Unimin Corporation Schoolhouse Quartz Permit No: NCG020795 Status: Compliant Avery County Dear Messrs. Fortner, Bradley, and Vencill: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on March 28, 2012. The facility was found to be in compliance with permit NCG020795. The resources and efforts expended by Unimin have been beneficial. The data collected by Unimin indicates the improvements that were made to the stormwater/erosion control measures have successfully assisted the site with water quality stream standard compliance. The continued maintenance of these control measures is not only a permit requirement but will be necessary for the site to avoid further stream impacts. The sediment removal restoration efforts were also successful. The remaining sediment can naturally flush through the system. Stream impacts from the sediment load are still apparent in the lack of the macro-invertebrate community (stonefly, mayfly), but should begin to show signs of improvement over the next year if the site continues to avoid sediment and turbidity violations. Enclosed is a copy of the Compliance Inspection Report, which contains additional observations and comments for your reference. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 � � Phone:828-296-450M FAX:828-299-7043 i Customer Service:1-877-623-6748 NorthCarol na Internet:www.ncwaterquality.org An Equal Opportunity l Affirmative Action Employer 11 turallly Page Two Unimin-Schoolhouse May 1,2012 Please contact me at(828)296-4500 or linda.wiggs(d)ncdenr. ov,if I can be of any further assistance. Sincerely, Linda Wiggs Environmental Specialist Surface Water Protection Enclosure cc: Central Files Asheville Files DLR-ARO Corp Engineers-Asheville S:\SWP\Avery\Stormwater\NCG02 Mining\Unimin-Schoolhouse\2012 Inspection\CELUR.March 2012.doc J Compliance Inspection Report Permit: NCG020795 Effective: 09/16/11 Expiration: 12/31/14 Owner: Unimin Corporation SOC: Effective: Expiration: Facility: Unimin Corporation Schoolhouse Quartz County: Avery 107 Harris Mining Co Rd Hwy 19e Region: Asheville Spruce Pine NC 28777 Contact Person: Scott Fortner Title: Phone: 828-765-4251 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 03/28/2012 Entry Time: 10:00 AM Exit Time: 12:45 PM Primary Inspector: Linda S Wiggs Phone: 828-296-4500 Secondary Inspector(s): Ext.4653 Reason for Inspection: Follow-up Inspection Type: Compliance Evaluation Permit Inspection Type: Mining Activities Stormwater Discharge COC Facility Status: ■ Compliant fl Not Compliant Question Areas: Storm Water (See attachment summary) l Page: 1 Permit: NCG020795 Owner-Facility: Unimin Corporation Inspection Date: 03/28/2012 Inspection Type: Compliance Evaluation Reason for Visit: Follow-up Inspection Summary: This inspection was twofold; for a follow up visit to letter of noncompliance from 2011 and to discuss future plans to submit a 404/401 application. Present during this inspection were the Corp of Engineers, Clearwater Consultants and Unimin Representatives. Regarding the follow up inspection to letter of noncompliance from 2011. The facility has made several improvements to stormwater/erosion control measures. The data gathered indicates these improvements have helped with water quality standards violations. The facility may resume analytical monitoring according to the NCG02 permit requirements. The maintenance of the control measures will always be necessary. The NCG02 permit requires weekly inspection of the stormwater/erosion control measures in order to stay on top of maintenance. It is good practice to capture the stormwater suspended sediments closes to the source. Below are suggestions for continued compliance: 1. Unimin should consider small traps further up in the mine, rather than relying on just the two basins. 2. The berm/ditch by the haul road adjacent to the first basin (SCW-2A)should be maintained constantly to assure that the majority of the stormwater flow is going into the first basin. 3. The first basin (SCW-2A)is designed such that Unimin cannot clean the entire basin out. Unimin may want to consider a redesign so the basin can be properly cleaned out. Unnamed Tributary to Brushy Crk Impacts: The sediment removal from the stream has been successfully completed. The remaining sediment load can naturally flush through system. A cursory glance indicates the receiving stream below the mine still does not appear to have a good population of benthos, but it should recover. The lower reach of the stream at the West Mine is a future concern. Unimin plans to submit a 401 to impact the upper reach of this stream in order to mine the minerals below the stream. The DWQ concern is how this will be accomplished _ without impacting the lower reach of the stream as well. 1 Page: 2 Permit: NCG020795 Owner-Facility: Unimin Corporation Inspection Date: 03/28/2012 Inspection Type: Compliance Evaluation Reason for Visit: Follow-up Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? n n n ■ #Does the Plan include a General Location(USGS)map? n n n ■ #Does the Plan include a"Narrative Description of Practices"? n n n N #Does the Plan include a detailed site map including outfall locations and drainage areas? n n ❑ ■ #Does the Plan include a list of significant spills occurring during the past 3 years? n n Cl E #Has the facility evaluated feasible alternatives to current practices? ❑ I_3 n #Does the facility provide all necessary secondary containment? n n n E #Does the Plan include a BMP summary? n n n #Does the Plan include a Spill Prevention and Response Plan(SPRP)? n n n E #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? n n n #Does the facility provide and document Employee Training? n n n N #Does the Plan include a list of Responsible Party(s)? n n n ■ #Is the Plan reviewed and updated annually? n n n ■ #Does the Plan include a Stormwater Facility Inspection Program? n n n ■ Has the Stormwater Pollution Prevention Plan been implemented? n 11 n 0 Comment: Follow up inspection to noncompliance letter dated October 2011. SP3 not evaluated. Unimin has until Sept 2012 to update SP3. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? n Cl n Comment: see summary Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ Cl n n #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? n n ■ n Comment: Analytical Monitoring indicates improvements made to SW/erosion control measures have help facility with compliance. Sampling at every rainfall event is no longer required. 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 0 #Were all outfalls observed during the inspection? ■ n ❑ n #If the facility has representative outfall status,is it properly documented by the Division? n n n Page: 3 Permit: NCG020795 Owner-Facility: Unimin Corporation Inspection Date: 03/28/2012 Inspection Type: Compliance Evaluation Reason for Visit: Follow-up #Has the facility evaluated all illicit(non stormwater)discharges? 0 ❑ � fl Comment: Inspection was only conducted at West Mine location; SCW-1A evaluated. Page: 4 T; w��nn. CDE R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E, Dee Freeman Governor Director Secretary May 2, 2012 Mr. Jerry Powell Canton Hardwood Company, Inc. P.O. Box 1028 Canton,NC 28716 SUBJECT: NPDES Stormwater Permit Compliance Inspection Canton Hardwood Company, Inc. Permit No: NCG210197 Haywood County Dear Mr. Powell: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on April 25, 2012. The facility was found to be in noncompliance with permit NCG210197. Enclosed is a copy of the Compliance Inspection Report, which contains additional observations -- and comments for your reference. - The Division of Water Quality(DWQ)will continue to work with you and your facility to ensure future compliance. As noted in the report, a Stormwater Pollution Prevention Plan should be developed and/or updated, and semi-annual monitoring should begin prior to June 30,2012. Please contact me at(828) 296-4665 or Susan.A.Wilson ancdenr.gov, if I can be of any further assistance. Sincerely, 'Susan A. Wilson Environmental Engineer Surface Water Protection Enclosures Inspection Report NCG210000 Technical Bulletin Monitoring Form cc: Central Files ARO Files S:\SWP\Haywood\Stormwater\NCG2lTimber\Canton Hardwood NCG210197\CEI.NCG210197 Canton Hardwood.4 2012.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One 828-296-4500\FAX:828-299-70431 Customer Service:1-877-623-6748 NQI`t11Cc`LI 01111a Internet:www.ncwaterquality.org An equal Opportunity i Affirmative Action Employer Aaturally �. �1 �' ��` �✓ Compliance Inspection Report Permit: NCG210197 Effective: 08/01/08 Expiration: 07/31/13 Owner: Canton Hardwood Company Inc SOC: Effective: Expiration: Facility: Canton Hardwood Company Inc County: Haywood 5373 Thickety Rd Region: Asheville Canton NC 28716 Contact Person: Gerald W Powell Title: VP Phone: 828-648-3441 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 04/25/2012 Entry Time: 10:05 AM Exit Time: 11:30 AM Primary Inspector: Susan A Wilson Phone: 828-294-4500 Secondary Inspector(s): Timothy R Fox Phone: Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Timber Products Stormwater Discharge COC Facility Status: 0 Compliant IN Not Compliant Question Areas: Storm Water (See attachment summary) Page: 1 Permit: NCG210197 Owner-Facility: Canton Hardwood Company Inc Inspection Date: 04/25/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Susan Wilson and Tim Fox(DWQ)performed at site inspection at Canton Hardwood Company on April 25,2012. Mr. Jerry Powell guided us around the site. There is evidence in the DWQ files that during the last inspection-the facility had the permit and applicable elements (Stormwater Pollution Prevention Plan). At the time of this inspection-they could not be located. DWQ will continue to work with Mr. Powell to bring the site into compliance. We discussed the qualitative and analytical monitoring, as well as the facility site inspection and Stormwater Pollution Prevention Plan. As we discussed with Mr. Powell, at this time we will require Canton Hardwood to perform monitoring at the upstream tributaries and at the downstream site at the end of the property. This should give a good indication of any impacts from the site (as the stream runs through the property). Most of the drainage eventually goes to the tributary through the property(that is the only stormwater pathway). A copy of the NCG21 General permit,the Technical Bulletin, and monitoring forms will be sent out with this inspection report. Page: 2 Permit: NCG210197 Owner-Facility: Canton Hardwood Company Inc Inspection Date: 04/25/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? n ■ n n #Does the Plan include a General Location(USGS)map? n ■ n n #Does the Plan include a"Narrative Description of Practices"? n ■ n n #Does the Plan include a detailed site map including outfail locations and drainage areas? n ■ n #Does the Plan include a list of significant spills occurring during the past 3 years? ❑ ■ n n #Has the facility evaluated feasible alternatives to current practices? n ■ n n #Does the facility provide all necessary secondary containment? 0 ■ n n #Does the Plan include a BMP summary? n ■ n n #Does the Plan include a Spill Prevention and Response Plan(SPRP)? n ■ n n #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? n ■ n n #Does the facility provide and document Employee Training? n ■ n n #Does the Plan include a list of Responsible Party(s)? n ■ n n #Is the Plan reviewed and updated annually? n ■ n n #Does the Plan include a Stormwater Facility Inspection Program? n ■ n n Has the Stormwater Pollution Prevention Plan been implemented? ❑ ■ n fn Comment: At the time of the inspection, the SWPPP could not be located. However, per Mr. Powell, they had recently moved offices -they believe they have it,just couldn't locate it on the inspection day. DWQ does have some records from the inspection in 2006 that indicates they had a plan at that time (had a site plan, emergency contacts, etc.) DWQ will work with Canton Hardwood to ensure that they have an up to date Stormwater Pollution Prevention Plan (which includes site layout and monitoring points, etc.) Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? n ■ Cl n Comment: Qualitative monitoring could not be located. DWQ will work with Canton Hardwood to ensure that they are up to date with the required qualitative monitoring. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? n ■ n n #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? n ■ n n Page: 3 Permit: NCG210197 Owner-Facility: Canton Hardwood Company Inc \ Inspection Date: 04/25/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Comment: Analytical monitoring could not be located. DWQ will work with Canton Hardwood to ensure that the required analytical monitoring will be conducted. Permit and Outfalls Yes No NA NE #Is a copy of the Permit and the Certificate of Coverage available at the site? Q ■ n fl #Were all outfalls observed during the inspection? ■ ❑ n 0 #If the facility has representative outfall status, is it properly documented by the Division? 0 0 ■ 0 #Has the facility evaluated all illicit(non stormwater)discharges? Q ❑ ❑ ■ Comment: Mr. Powell did not have a copy of the Certificate of Coverage or the permit at the time of inspection (and ARO/DWQ does not have a copy in their files). DWQ will ask Raleigh if there is an updated copy. Regardless, Canton Hardwood is still covered under NCG210197 and must comply with this stormwater permit. All potential outfalls were observed as we walked around the site. Page: 4 AWENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 2, 2012 Mr. J .Robert Boyette City of Marion P.O. Drawer 700 Marion, North Carolina 28752 Subject: NOTICE OF VIOLATION NOV-2012-LV-0225 Permit No. NCO031879 Corpening Creek WWTP McDowell County Dear Mr. Boyette: A review of Corpening Creek WWTP's monitoring report for September 2011 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Chlorine, Total Residual 09/19/2011 25 ug/I 584 ug/I Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files Larry Carver/ORC S:1S�VP',McDowelliWastewaterlmunicipailCorpening Creek TP 318791 0V-2012-LV-0225.doc NoM WW 1` iCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org FAX (828)299-7043 LT-KXA i';Ar North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 2, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 3930 Ms.Cathy Childrey Mizpah Healthcare Inc. P.O Box 1029 Marion,North Carolina 28752-1029 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 NCO074110 Mizpah Healthcare Inc. Mountain View Assisted Living WWTP Case No. LV-2012-0061 Henderson County Dear Ms. Childrey: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$887.00 ($750.00 civil penalty+ $137.00 enforcement costs) against Mizpah Healthcare Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Mizpah Healthcare Inc. for the month of November 2011. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0074110. The violations which occurred in November 2011 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Mizpah Healthcare Inc. violated the terms, conditions or requirements of NPDES Permit NCO074110 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.l(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Mizpah Healthcare Inc.: - NorthCarolina �atura!!r� SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 Phone:(828)296-4500\FAX:828 2997043 Internet:www.ncwaterguality.org I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0074110, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for BOD - Conc. 5 of the 5 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $500.00 NC0074110, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for BOD - Conc. $750.00 TOTAL CIVIL PENALTY $137.00 Enforcement Costs $887.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 2 82.1(b), which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing,and Stipulation of Facts"form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that fication for Remission Request." Both forms should you complete and submit the enclosed"Justi be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to Mary Penny Thompson, General Counsel Department of Environment and Natural Resources / 1601 Mail Service Center �J Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, Chuck`Cranford, Regional Supervisor Surface Water Protection Section ATTACHMENTS Asheville Regional Office cc: DWQ Asheville Files w/attachments DWQ Central Files w/attachments Bob Guerra/Point Source w/attachments James & James Environmental/ORC w/attachments <aIcr.\Iinors".-M W lilt ain Vic- Assisted Livina.741 10\ v-?pl 1-i)06l_d1)c JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2012-0061 County: Henderson Assessed Party: Mizpah Healthcare Inc. / Mountain View Assisted Living Permit No.: NC0074110 Amount Assessed: $887.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); _ (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ADMINSTRATIVE HEARING AND MIZPAH HEALTHCARE INC. / STIPULATION OF FACTS MOUNTAIN VIEW ASSISTED LIVING ) PERMIT NO.NCO074110 ) FILE NO. LV-2012-0061 Having been assessed civil penalties totaling $887.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated May 2,2012, 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 4 d d d X % x w w W W W uj z E E E E E rn m F- E E E E E _ Q 0 _, - Q Z O W 7 (rD O O M O N OJ o° (0 v o e p w Q u� rn oo ui 00 JJ p N om NO U> N N N J Q U C O t N � uO U) Ln LO to o G> J V C G1 = W } LL. m c I- FQ E E E E > E E>w O � U U O O 04 �p W Z U N n T T T T T T W r > W d N N � � N Q = W Z LL 5 2i 2i F- t Ow a QQq o o n M N N E2 Z Jp Lu O Q U C J d r-+ N .y N Q 3 D '' I.-- c c c c c C W U U U U U U O G m m m m m m 2 O c c c c c c H Q V 0 w w w w w w Q J LL J J Fa 0 0 0 0 0 0 O O Z_F ti w 0 0 0 0 0 0 O C Oa N N N N N N O O W Z0� R O W E Z O O O O O N a J w 69 v, u3 to t, tf� a .... 4 4 NCDENIR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 3, 2012 Mr. Gerald Jerry Nash Fletcher Academy Inc. P.O. Box 5335 Fletcher, North Carolina 28732 Subject: NOTICE OF VIOLATION NVO-2012-MV-0029 Permit No. NCO036641 Fletcher Academy vW TP Henderson County Dear Mr. Nash: A review of Fletcher Academy WWTP's monitoring report for December 2011 showed the following violations: Parameter Date Measuring Violation Frequency Temperature, Water Degree Week ending Weekly Failure to Monitor Centigrade 12/24/2011 Chlorine, Total Residual Week ending 2 X/Week Failure to Monitor 12/03/2011 Surfactants 12/31/2011 2 X/Month Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above parameters were left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 8281296-4500. Sincerely, shuck Cranford, Regional Supervisor t<VSurface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James &James Environmental/ORC S:\SWP\Henderson\Wastewater\Minors\Fletcher Academy 366411NOV 2012-MV-0029.doc No thCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.newaterguality.org FAX (828)299-7043 `�, I _... NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 3, 2012 Mr. Bill Hale Bon Worth Inc. P.O. Box 2890 Hendersonville, North Carolina 28793 Subject: NOTICE OF VIOLATION NOV-2012-LV-0228 Permit No. NCO037176 Bon Worth WWTP Henderson County Dear Mr. Hale: A review of Bon Worth WWTP's monitoring report for October 2011 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 10/13/2011 400#/ 100ml 600#/ 100ml Daily Maximum Broth,44.5C Exceeded Solids, Total Suspended - 10/20/2011 45 mg/I 46.1 mg/I Daily Maximum Concentration Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, uck Cranford, Regional Supervisor `Surface Water-Protection Section cc: DWQ Asheville Files DWQ Central Files James & James Environmental/ORC S:\SN°P\Henderson\Wastewater\MinorstBon Worth 37176MV-2012-1-V-0228.doo NonrthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.ora FAX (828)299-7043 -�� ��J �\ 1��; NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 3, 2012 Mr. Tom Maholias, POA President Toxaway Falls POA Inc. P.O. Box 270 Lake Toxaway, North Carolina 28747-0270 Subject: NOTICE OF VIOLATION NOV-2012-LM-0021 Permit No. NCO052043 Toxaway Falls POA Inc. WWTP Transylvania County Dear Mr. Maholias: A review of Toxaway Falls POA Inc. WWTP's monitoring report for September 2011 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Solids, Total Suspended - 09/20/2011 45 mg/I 52 mg/I Daily Maximum Concentration Exceeded Parameter Date Measuring Violation Frequency Chlorine, Total Residual Week ending 09/03/2011 2 X/week Failure to Monitor (If the above parameter for Chlorine was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office.) 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 Total Suspended Solids violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, V t Chuck Cranford, Regional Supervisor t Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files S:\SWPI,Transylvania\Wastewater',Minors4Toxaxvay Falls 520431NOV-2012-1-PG-0021.doc NoZhCarolina ,Naturally, North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org FAX (828)299-7043 ���� i� l �� _. _. North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 3, 2012 Mr. Tom Maholias, POA President Toxaway Falls POA Inc. P.O .Box 270 Lake Toxaway, North Carolina 28747-0270 Subject: NOTICE OF VIOLATION NOV-2012-MV-0028 Permit No. NCO052043 Toxaway Falls POA Inc. WWTP Transylvania County Dear Mr. Maholias: A review of Toxaway Falls POA Inc. WWTP's monitoring report for October 2011 showed the following violations: Parameter Date Measuring Violation Frequency Chlorine, Total Residual Week ending 10/08/2011 2 X/week Failure to Monitor Chlorine, Total Residual Week ending 10/15/2011 2 X/week Failure to Monitor Chlorine, Total Residual Week ending 10/22/2011 2 X/week Failure to Monitor Chlorine, Total Residual Week ending 10/29/2011 T2 X/week Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked"Non-Compliant"with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, J -Chuck Cranford, Regional Supervisor '-� Surface Water Protection Section cc: DWQ Asheville Files -y DWQ Central Files Otte S:\SWP\Transylvania\Wastewater\Minors\Toxaway Falls 52043\N0V-2012-hAV-0028.r�oc NorthCarolina ,Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org FAX (828)299-7043 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 3, 2012 Mr. Ridgeway T. Lynch, Jr. Kanuga Conferences Inc. P.O. Box 250 Hendersonville, North Carolina 28793-0250 Subject: NOTICE OF VIOLATION NOV-2012-LV-0229 Permit No. NCO024431 Kanuga Conferences WWTP Henderson County Dear Mr. Lynch: A review of Kanuga Conferences WWTP's monitoring report for May 2011 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 05/03/2011 400#/100ml 600#/ 100ml Daily Maximum Broth,44.5C 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 or me at 828/296-4500. Sincerely, ' Kuck Cranford, Regional Supervisor "_\Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files S:iStIVPlHenderson'NVtilasten�ater\Minors?Kanuga Conferences 244311NOV-2012-LV-0229.dac No thCarolina Adurzilly North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org FAX (828)299-7043 i�_1 ��.. i ,�_ J __ w 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality _)everly Eaves Perdue Charles Wakild,P.E. Dee Freeman. Governor Director Secretary May 3, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 3954 Mr.J.Robert Boyette City of Marion Corpening Creek WWTP P.O. Drawer 700 Marion,North Carolina 28752 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0226 Corpening Creek WWTP NPDES Permit No. NCO031879 McDowell County Dear Mr. Boyette: A review of the October 2011 self-monitoring report for the subject facility revealed a violation of the following parameter: Date Outfall Parameter Reported Value Permit Limit 10/15/2011 001 Fecal coliform 1556.8 #/ 100 ml 400 #/ 100 ml A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0031879. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the October 2011 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACE WAITA PROTt CTION SECTION ASILE:-t II:L.E REGIONAL OFFICE I..oeation:2090 U.S.Highway 70>Swannanoa North Carolina 28778 one Phone:828-296-4M0`;Fax:828-299-7043 NorthCarollina Internet:http://portal.nrdenr.org/weblwa Nahz al& An Equal Opportunity.Affirmative Action Employer--5.0'!ti Recycled.104,.Post Consumer paper Mr. J. Robert Boyette May 3, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, 'Chuck Cranford,Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files Bob Guerra/DWQ Point Source Branch S 511(`, trl'tn=e(I';i. ,.,t`t.:ii er'Ltur€icip,€€t.`c+rnerung 'rec! "AAN7(1. 187Y%, €Ctt E 2012-1 X-01 16,ti()c —Ad � �s NCQENR North Carolina Department of Environment and Natural Resources Division of Water Quality ,everly Eaves Perdue Charles Wakild,P.E. Dee Freeman. Governor Director Secretary May 3,2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 3961 Mr. Gerald Jerry Nash Fletcher Academy Inc. Fletcher Academy WWTP P.O.Box 5335 Fletcher,North Carolina 28732 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0227 Fletcher Academy WWTP NPDES Permit No.NCO036641 Henderson County Dear Mr.Nash: A review of the October 2011 self-monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Reported Value Permit Limit 10/05/2011 001 BOD 46.6 mg/1 45 mg/1 10/20/2011 001 BOD 50.7 mg/1 45 mg/1 10/31/2011 001 BOD 35.85 mg/1 30 mg/1 10/0S/2011 001 Fecal coliform 600 #/ 100 ml 400 #/ 100 ml 10/20/2011 001 Fecal coliform 600#/ 100 ml 400 #/ 100 ml A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0036641. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions,or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the October 2011 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACE WATER PRO"I I C.TION SECTION ,ktiI-ff VI1 L.E.REGiONAI OFFICE Location:20t10 U.'.Highway 7().StitiaonaI Nh Clu nrtarour 287'; 1 8 Otae Phone:828-2964- 00N Fax:828-299-7043 NQrthCarOhna Internet:http://portal ncdenr.orgiweb/wg G' ahlr>altll An Equal()pportunitv Affirmative Action Emplover--50%Reeycled l0%Post Consunter paper Mr. Gerald Jerry Nash May 3, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, /41 huck Cranford,Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files Bob Guerra/DWQ Point Source Branch 17 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild P.E. Dee Freeman ,Beverly Eaves Perdue Secretary Governor Director May 4, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 3978 Mr. Ridgeway T.Lynch,Jr. Kanuga Conferences Inc. Kanuga Conferences WWTP P.O. Box 250 Hendersonville,North Carolina 28793-0250 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0230 Kanuga Conferences WWTP NPDES Permit No.NCO024431 Henderson County Dear Mr. Lynch: A review of the July 2011 self-monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 07/05/2011 001 Fecal coliform 600#/ 100 ml 400#/ 100 ml 07/12/2011 001 Fecal coliform 600 #/ 100 ml 400 #/ 100 ml A Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NCO024431. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the July 2011 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACE WA`YR PRO'll C'I'ION SECTION AS[tEvll l,E REGIONAL OFFICE one Location 2090 U S Highway 70,Swannatioa.North Carolina 28778 l�prtllCaTOhna Phone:828-296-4500t Pax:828-299-7043 . orhCarolln Internet:http l/portal nc enr org/weblwg L An Equal Opportunity'`.Affinnative Action Employer-i0%Recycledil O'ti Post Consumer paper Mr. Ridgeway T. Lynch, Jr. May 4, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, $ a Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files Bob Guerra/DWQ Point Source Branch Si4'[',Haul.r ,�`t\ 4�sta�ntr LTini�ry l�,anti a C0,1I'ereences 2 431 vf,V-NTtI:-'01?-I l"-i)�,30.tloc A� rT � *tea INCDEINR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman. Governor Director Secretary May 4,2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 4005 Mr.John Boone,Mayor Town of Elk Park Elk Park WWTP P.O.Box 248 Elk Park,North Carolina 28622 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0233 Elk Park WWTP NPDES Permit No.NCO079561 Avery County Dear Mayor Boone: A review of the October 2011 self-monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 10/31/2011 001 Ammonia nitrogen 5.8 mg/1 4.2 mg/1 10/08/2011 001 Ammonia nitrogen 17.9 mg/1 12.6 mg/1 A Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0079561. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the October 2011 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACE WATER PROTECTION SICIION—ASHEVIL LE OlFICl_ Location 2090 U.S.Highway 70 S«annanoa.North Carolina 28778 One Phone:828 296-4�W Fax:828 299-7043 NorthCarolma Internet:http:/Iporal.ncdenr.org/web/wq Natutal& An Equal Opportunity`.Affinuative Ction Em d,ployer..-. poo Recycle10",.Post Consumer paper Mr. John Boone, Mayor May 4, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of` Water Quality,may pursue enforcement actions for this and any additional violations. If the violations_are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, r _ � `,A_:Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files Bob Guerra/DWQ Point Source Branch S `,WI".:Aver- W"asle aierN-1tInieipa1" 1k Park N56PINO NRF:-201'2 1 V-02;3.doc ��l Afiya NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 4, 2012 Rutherford County DWQ Project 20120423 NCSR 1121 (Rosemont Farm 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 of Richardson Branch for the purpose of widening and making improvements to NCSR 1121 (Rosemont Farm Road)in Rutherford County: Stream Impacts in the Broad River Basin Site Permanent Fill Stream Permanent Temporary Total Stream in Intermittent Relocation Fill in Impacts in Stream Impacts Stream (linear (linear ft) Perennial Perennial Impact Requiring ft) Stream Stream (linear ft) Mitigation linear ft linear ft linear ft Site 1 0 0 14 50 64 0 Total 0 1 0 1 14 1 50 1 64 0 Total Permanent Stream Impacts for Project: 14 lin.ft.Total Temporary Stream Impacts for Project: 50 linear ft. The project should be constructed in accordance with your application dated April 24, 2012 (received April 27, 2012), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3886, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. i SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One L, 1 \„ Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarohna Phone:828-296-45001 FAX:828-299-7043 �atura!!lJ Internet: www.ncwaterquality.org An Equal Opportunity i Affirmative Action Employer Mr. J. J. Swain,Jr.,P.E. May 4,2012 Page Two This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, ai� maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control" Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 5. NCDOT will need to adhere to all appropriate in-water work moratoria(including the use of pile driving or vibration techniques)prescribed by the North Carolina Wildlife Resources Commission. �1 J.J. Swain, Jr.,P.E. day 4,2012 Page Three 6. If multiple pipes or barrels are required,they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 8. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 9. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 10. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 11. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 12. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 13. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 14. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants,hydraulic fluids,or other toxic materials. 15. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 17. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 18. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 19. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 20. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 21. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 22. The outside buffer,wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 23. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards(including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. Mr. J.J. Swain,Jr.,P.E. May 4, 2012 Page Four 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, �-Charles Wakild,P.E.,Director Division of Water Quality cc: Lori Beckwith, USACE,Asheville Field Office Roger Bryan,Division 13,DEO Ed Ingle,Roadside Environmental Dave McHenry,NCWRC Transportation Permitting Unit Asheville Regional Office 12-0423(Swain)NCSR 1121 Rosemont Farm Road ♦ * ram NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality cleverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 4, 2012 CERTIFIED MAIL - RETURN RECEIPT REQUESTED 7010 1870 0003 0875 3992 Ms. Cathy Childrey Mizpah Healthcare Inc. Henderson's Assisted Living WWTP P.O Box 1029 Marion,North Carolina 28752-1029 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0232 Henderson's Assisted Living WWTP NPDES Permit No.NCO071897 Henderson County Dear Ms. Childrey: A review of the October 2011 self-monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 10/10/2011 001 BOD 18.2 mg/1 7.5 mg/1 10/25/2011 001 BOD 20.8 mg/1 7.5 mg/1 10/272011 001 BOD 13.5 mg/1 7.5 mg/1 10/31/2011 001 BOD 10.44 mg/1 5 mg/1 A Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0071897. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance, or discuss overall compliance please respond in writing within ten (10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the October 2011 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACE WATER PROTECTION SECTION =1SI-E IIJ-1 REGIONAL OFFICE Location:2090 US,Highway 70..Swauintmor_North Carolina 29778 One Phone:828-296-4500\.Fat:828 299-7043 NorthCarolina Internet:hap:llporal.ncdenr.oM/web/wg J' atur,41/ An Equal Opportunity!Affirmative Action Employer--iQ°,o Recycled 109%Post Consumer paper Ms. Cathy Childrey May 4, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, a .,Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files Bob Guerra/DWQ Point Source Branch S S%,�'T".Rcndersoiti4 iste�4ater blinorssJfen(lerson's Assisted L.icing'181iFRCIV-NR13-2()12-1..,V-02,?.doc AID NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality _)everly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary May 7, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 4012 Mr.James Rice Eaven Brice Partnership North View Mobile Home Park 329 Emma Road Asheville,North Carolina 28806 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0234 North View Mobile Home Park WWTP NPDES Permit No.NCO067342 Buncombe County Dear Mr. Rice: A review of the October 2011 self-monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 10/27/2011 001 Ammonia nitrogen 36.2 mg/1 35 mg/1 10/31/2011 001 Ammonia nitrogen 32.72 mg/1 23 mg/1 A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0067342. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the October 2011 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACE WATER.PROTF'.CTION SECTION . SHEt II:IE;R EGIONA[.OFF[CI[: Loeation.2090 U.S.Highway 70.SRannmoa,Nordi Carolina 287',•8 Oue Phone:828-296-4500\Fax 828 299-7043 NOrtlltarollrla Internet hftp://portal.ncdenr.org/we Natural& Aii Equal Opportunity`..Affirmative Action Employer--50'4.*Reci cle&10'N Post Consumer paper Mr. James Rice May 4,2012 Page Two Remedial actions,if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files Bob Guerra/DWQ Point Source Branch S Sly E",3tit2yEnrihc:'.i t.te. ter ltiriijr4:\ortlz Vtctt N--1HP 6 )t''\:0 V-tilt[:=_'C)1_'-I V-0234. oc Aria NCD►ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 8, 2012 Rutherford County DWQ Project 20120456 NCSR 1754 (Irvin 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 Big Springs Branch for the purpose of replacing the existing bridge with two(2) 54-inch culverts on NCSR 1754(Irvin Road)in Rutherford County: Stream Impacts in the Broad River Basin Site Permanent Fill Stream Permanent Temporary Total Stream in Intermittent Relocation Fill in Impacts in Stream Impacts Stream (linear (linear ft) Perennial Perennial Impact Requiring ft) Stream Stream (linear ft) Mitigation linear ft linear ft linear ft Site 1 0 0 52 52 52 0 Total 1 0 1 0 52 1 52 1 52 0 Total Permanent Stream Impacts for Project: 52 lin. ft.Total Temporary Stream Impacts for Project: 52 linear ft. The project should be constructed in accordance with your application dated May 2, 2012 (received May 7, 2012), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3886, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa.North Carolina 28778 NorthCarolina Phone:828-296-45001 FAX:828-299-7043 N //� Internet: www,ncwaterquality.org Naturally An Equal Opportunity Affirmative Action Employer Mr.J.J. Swain, Jr.,P.E. May 8,2012 Page Two This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s) of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Contro Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 5. NCDOT will need to adhere to all appropriate in-water work moratoria(including the use of pile driving or vibration techniques)prescribed by the North Carolina Wildlife Resources Commission. J. J. Swain,Jr.,P.E. ,tay 8,2012 Page Three 6. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 7. 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. 11. 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. 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. 21. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 22. 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. 23. 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.J. Swain,Jr.,P.E. May 8, 2012 Page Four 24. 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. 25. 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. 26. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 27. 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, PO,Z,- Charles Wakild,P.E.,Director Division of Water Quality Attachments cc: Lori Beckwith, USACE,Asheville Field Office Roger Bryan,Division 13,DEO Ed Ingle,Roadside Environmental Dave McHenry,NCWRC Transportation Permitting Unit Asheville Regional Office 12-0456(Swain)NCSR 1754 Irvin Road / ........ 0,2h NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 8, 2012 Jeff Mooney Altec Industries, Inc. 150 Altec Drive Burnsville,NC 28714 Subject: No Exposure Certification—Approval Facility NE#-NCGNE0842 Altec-Burnsville Yancey County Dear Mr. Mooney: The Division has reviewed your application for a No Exposure Certification for Exclusion(NE) for the subject facility. Based on the information provided and a site visit conducted on April 17, 2012,the NE has been approved. Please note that you are obligated to maintain no-exposure conditions at your facility. If conditions change such that your facility can no longer qualify for a NE, you are obligated to immediately obtain NPDES permit coverage for your stormwater discharge. Otherwise,the discharge becomes subject to enforcement as an un- permitted discharge. Your NE does not expire. In order to help assure that your facility stays in compliance with all of the conditions in the Certification,you must self-recertify your facility at least annually. Unless otherwise requested, you can maintain your annual re-certification on file at your facility. Please see the attachment for information on self re-certification or visit the following website for guidance: http://portal.ncdenr.org/web/wq/ws/su/n,pdessw. Site visit notes and recommendations: During the site visit it was noted that there were items under tarps. These items were shelving and were temporarily placed outside during construction activities but will not remain outside. The facility is relatively new and was laid out with a good stormwater treatment system; including grass swales flowing to two bio-retention(wetland) structures. These treatment systems will require maintenance for optimal effectiveness. The following is a link to the Stormwater Best Management Practices Manual: http://portal.ncdenr.org/web/wq/ws/su/bmp-man . This manual is a design manual,but will assist you with maintenance of your structures. Refer to Chapter 9 (9.5) for wetland structures maintenance and Chapter 14 (14.5) for grass swale structures maintenance. One of your wetland structures had many cattails in it. Cattails are not to be planted in wetlands because they will take over, and their root systems can clog an outlet structure. But their seeds do migrate and invade wetlands so maintenance is required to keep them at bay. Wetlands function best with a variety of plants; it is recommended that your cattails be limited especially in the vicinity of your outlet structure. 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 NOrthCaroli.na Internet:www.ncwaterquality.org NatufflIlY An Equal Opportunity\Affirmative Action Employer Altec-Jeff Mooney May 8,2012 Page 2 of 2 Your conditional exclusion from permitting does not affect your facility's legal requirements to obtain environmental permits that may be required under other federal, state, or local regulations or ordinances. If you have any questions or need further information, please contact Linda Wiggs at 828-296-4500, or at linda.wiggs @ncdenr.gov. Sincerely, for Charles Wakild, P.E. 'f Encl: Self Re-certification cc: Stormwater Permitting Unit/Ken Pickle,No-Exposure Files ARO Files S:\SWP\Yancey\Stormwater\NoExposure\Altec\Mtec.NoExp.LTR.2012.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Ives Perdue Charles Wakild,P.E. Dee Freeman it Director Secretary May 8,2012 Mr.J.B. Setzer,P.E. Division 14 Engineer North Carolina Department of Transportation 253 Webster Road Sylva,North Carolina,28779 Subject: EXEMPTION from Stormwater Management Permit Regulations NCSR 1347 Foster Creek Road Widening and Paving Henderson County Dear Mr. Setzer: The Asheville Regional Office of the Division of Water Quality received your letter and Stormwater Management Permit Application for the widening and paving of NCSR 1347,Foster Creek Road in Henderson County on May 2, 2012. Based on our review of the submitted project details you do not appear to be proposing a development activity at this site that would be subject to the stormwater requirements as provided for in Title 15A NCAC 02H.1000. Because the classification of Foster Creek is WSII;Trout, HQW,these activities are subject to Title 15A NCAC 02B .0104. Based on the application review,the proposed activities listed below,meet the requirements of the Title 15A NCAC 02B .0104. 1. Sheet flow on grass shoulders along the roadway. 2. Matted and grassed roadway ditches. 3. Outlet protection with rip rap. This exemption applies only to the State Stormwater Management Permit for the currently proposed activity. If at any time in the future, development of any part of this site is planned, as defined in 15A NCAC 02H .1000, or if the proposed activities differ in any manner from what is shown on the plans on file with the Division,you must submit the project for review of the applicability to the stormwater management rules. If you have any question concerning this matter,please contact me at(828)296-4500. Sincerely, Michael R. Parker Environmental Senior Specialist cc: Steve Cannon,District Engineer Mark Davis,Division 14, DEO Transportation Permitting Unit File Copy NCSR 1347 Foster Creek Road SW Exemption Letter North Carolina Division of Water Quality,Asheville Regional Office Location:2090 U S Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 PAX:828-299-7043 NofthCarolina Internet:www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer jf{j jlt 1` �\ \/ _\l�� \:/ % � `, AJ�A* RCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 9,2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED—70101870 0003 0875 3923 Mr.J.J. Swain,Jr., P.E. Division 13 Engineer North Carolina Department of Transportation Post Office Box 3279 Asheville,North Carolina,28802 Subject: Notice of Violation for Discharging Concrete and Violating Water Quality Standards in an unnamed tributary of East Prong Hunting Creek in Burke County,North Carolina. Dear Mr. Swain: On April 5, 2012, shortly after 8:00 am staff of the Asheville Regional Office's,NC Division of Water Quality,received a report of the discharge of concrete contaminated water in an unnamed tributary of the East Prong of Hunting Creek from Mr.Yates Allen,Environmental Specialist,NCDOT. This unnamed tributary of the East Prong of Hunting Creek is classified as"WS-IV"waters of the State and is tributary to the Catawba River. Investigation by NC Division of Water Quality staff found work being performed by Palmetto Gunite(a subcontractor for Dane Construction),working for the NC Department of Transportation(NCDOT),had sprayed shotcrete on the inside of a 66-inch pipe on April 3,2012. That 66-inch pipe carries a small unnamed tributary under Interstate 40 to the East Prong of Hunting Creek. The pipe outlet is located approximately 200 feet east of the Interstate 40 eastbound off ramp at exit 105. The investigation found that on April 3,2012 the contractor had constructed a sand bag dam and was impounding the water of the unnamed tributary while the shotcrete was sprayed inside the 66-inch pipe and allowed to dry. At approximately 5:00 pm on April 3,2012 the shotcrete application was completed. At approximately 6:30 pm the contractor informed the DOT inspector that the shotcrete was dry and asked if they could remove the sand bag dam and release the water. As indicated in Mr.Bryan's letter of April 12,2012,the inspector gave the contractor permission to remove the sand bag dam. On April 4, 2012,Mr.Brian Skeens, Resident Engineer,NCDOT, observed some concrete residue in the unnamed tributary to the East Prong of Hunting Creek,near the outlet of the 66-inch pipe. Mr. Skeens advised the contractor to remove the concrete residue and contacted Mr. Yates Allen and requested that he conduct an assessment of the stream. Mr.Allen arrived at the scene at approximately 2:00 pm. No fish kill was evident during the initial stream assessment. At approximately 1:30 pm on April 5,2012,Mr. Mike Parker,Environmental Specialist,Division of Water Quality arrived at the construction site and found Mr. Skeens and Mr.Allen walking the stream below the area of shotcrete discharge. Mr.Allen and Mr. Parker found 4 chubs, 14 crayfish and 14 salamanders had been killed in the stream(on both sides of Interstate 40)below the 66-inch culvert outlet. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna Phone:828-296-45001 FAX:828-299-7043 Internet: www.ncwaterquality.org An Equal Opportunity Affirmative Action Employer Mr.J.J. Swain,Jr.,P.E. May 9,2012 Page 2` Based on the investigation by the Division of Water Quality it is determined that water in the unnamed tributary to the East Prong Hunting Creek was allowed to come into contact with uncured concrete. A small amount of gray colored material,that appeared to be concrete,was observed on the bottom of unnamed tributary downstream of the 66-inch culvert outlet. Four(4)fish,fourteen(14) crayfish and fourteen(14)salamanders were found dead in the unnamed tributary below the outlet of the 66-inch culvert. No dead fish or wildlife was found in the East Prong of Hunting Creek. The contact of surface water with the uncured shotcrete is a discharge of pollutants that resulted in the removal of best usage of State waters. These are violations of the following North Carolina General Statutes and Administrative Code: • NC General Statute 143-215.1 (a)(1)prohibits the discharge of pollutants to waters of the State without a permit. NCDOT did not have a permit on April 3, 2012 for discharge of pollutants resulting from the spraying of concrete on a culvert conveying an unnamed tributary of the East Prong of Hunting Creek at Interstate 40. • 15A NCAC 2B .0211 (2)-Removal of Best Usage: aquatic life propagation and maintenance of biological integrity(including fishing and fish),wildlife, primary recreation, agricultural and any other usage except as a source of water supply for drinking,culinary or food processing purposes. The discharge of pollutants(concrete)into an unnamed tributary of the East Prong Hunting Creek rendered the stream unsuitable for fish and other aquatic organisms to survive. This office requires that the violations,as detailed above,be abated immediately. Please submit to the Asheville Regional Office,in writing within 14 days of receipt of this letter,what actions were taken to clean up the discharge,and what actions will be taken to prevent this from occurring in the future. These violations and any future violations are subject to civil penalty assessment of up to$25,000.00 per day for each violation. Thank you for your attention to this matter and the corrective measures that have been put in place to ensure that this type of incident will not happen again. If you have any questions,please contact Mr.Mike Parker at 828-296-4500. Sincerely, r Chuck Cranford,Regional Supervisor Surface Water Protection Asheville Regional Office cc: Roger Bryan,Division 13 Environmental Officer Lori Beckwith,US Army Corps of Engineers,Asheville Field Office Chris Militscher,US Environmental Protection Agency John Hennessy,NPS Assistance and Compliance Oversight Unit Brian Wrenn,Transportation Permitting Unit Mike Parker,ARO NCDOT NOV for Discharge of Concrete to an unnamed tributary of the East Prong Hunting Creek A' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 9, 2012 I M. Shuford Wise Town of Granite Falls PO Drawer 10 Granite Falls NC 28630 SUBJECT: Compliance Evaluation Inspection Granite Falls WTP Permit No: NCO082546 Caldwell County Dear Mr. Wise: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on April 5, 2012. The facility was found to be in Compliance with permit NC0082546. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, 'please c ,t me at 828-296-4500. Sincerely, , Jeff Menzel Environmenta Specialist Enclosure cc: Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S. Highway 70,Swannanoa, NC 28778 One Phone: (828)296-4500\FAX:828 299- 043 NO hCaro/l/ina 7 Internet:www.newaterauality.org � ;aturally S:\SWP\Caldwell\Wastewater\Municipal\Granite Falls WTP 82546\CEI 2012.docx l/- � �_. United States Environmental Protection Agency Form Approved. EPAH Washington,D.C.20460 OMB No.2040-0057 Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I N I 2 L 5 I 31 NCO082546 111 121 12/04/05 117 18I r I 19I c-J IJ i 20I I Remarks J 21111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67 I 69 70 U 71 IU 72I N' 73' I W 174 751 I I I I I I 1 80 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 11:30 AM 12l04I05 10105101 Granite Falls WTP 100 Lakeside Ave Exit Time/Date Permit Expiration Date Granite Falls NC 28630 11:50 AM 12/04/05 15/02/28 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data //I M Shuford Wise/ORC/828-396-71111 Name,Address of Responsible Official/Title/Phone and Fax Number Contacted M Shuford Wise,PO Drawer 10 Granite Falls NC 28630//828-396-7111/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Operations&Maintenance 0 Sludge Handling Disposal N Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date t Jeff Menzel ARO WQ/1828-296-4500/ 5/�11 k" Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES_ yr/mo/day Inspection Type ?� 3I NCO082546 I11 12) 12/04/05 17 18� _I Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) There was no visible foam or floating solids in the effluent at the time of inspection. The inspector also observed the alum sludge being land applied at an off-site location. No violations of permit requirements or applicable regulations were observed during this inspection. Page# 2 Permit: NCO082546 Owner-Facility: Granite Falls WTP Inspection Date: 04/05/2012 Inspection Type: Compliance Evaluation operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 0 Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH,DO, Sludge ❑ ❑ ❑ ■ Judge,and other that are applicable? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? Q 11 Q Are the receiving water free of foam other than trace amounts and.other debris? Q 11 11 If effluent (diffuser pipes are required) are they operating properly? n Q Q Comment: There was no visible foam or floating solids in the effluent at the time of inspection. The inspector also observed the alum sludge being land applied at an off-site location. Page# 3 /�-__. \....�✓, I ..t `�__ \...:.-� _.. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary May 9, 2012 M. Shuford Wise Town of Granite Falls P.O. Drawer 10 Granite Falls NC 28630 SUBJECT: Compliance Evaluation Inspection Granite Falls WWTP Permit No: NCO021890 Caldwell County Dear Mr. Wise: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on April 5, 2012. The facility was found to be in Compliance with permit NC0021890. Please see the report summary for additional comments. 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 M zel Environmental Specialist Enclosure cc: Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 One Phone:(828)296-4500\FAX:828 299-7043 NorthCarolina Internet:www.ncwaterauaiity.org ;VaWrally S:\SWP\Caldwell\Wastewater\Municipal\Granite Falls WWTP 21890\NC0021890 CEI 2012.docx -� I �� /"� /�/� United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15 I 31 NCO021890 111 121 12/04/05 117 181 C I 19I S I 20I Remarks 211111IIIIIIIIIIII IIII I I I I I I I I I I I I I I I I IIIIIIIIIII6 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved--------------------- 67I 169 70I 3 I 711 I 72I N I 73[_Lj 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) Granite Falls WWTP 10:00 AM 12/04/05 10/05/01 60 Meandering Way Exit Time/Date Permit Expiration Date Granite Falls NC 28630 10:30 AM 12/04/05 15/01/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// M Shuford Wise/ORC/828-396-7111/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted M Shuford Wise,PO Drawer 10 Granite Falls NC 28630//828-396-7111/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Operations&Maintenance N Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of I spector(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO WQH828-296-45001 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3 NCO021890 I11 12I 12/04/05 117 '$ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) At the time of inspection the clarifier weir for the 2nd clarifier had a small hole in it and was showing signs of short circuiting. The operator stated that this hole had just shown up and the he would fix it immediately. In the last year clarifier 1 was rebuilt and clarifier 2 is now slated for the same type repairs. The operator is required to fix the hole in clarifier number two immediately. Page# 2 Permit: NCO021890 Owner-Facility: Granite Falls WWTP Inspection Date: 04/05/2012 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ fl n Q Does the facility analyze process control parameters,for ex: MLSS,MCRT,Settleable Solids, pH, DO,Sludge ■ ❑ ❑ 0 Judge,and other that are applicable? Comment: The site was in good order. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ fl ❑ fl Is the site free of excessive buildup of solids in center well of circular clarifier? ■ ❑ 0 Are weirs level? ■ fl n Is the site free of weir blockage? ■ ❑ ❑ 0 Is the site free of evidence of short-circuiting? ❑ ■ Cl Cl Is scum removal adequate? ■ ❑ 0 Cl Is the site free of excessive floating sludge? Cl ■ ❑ n Is the drive unit operational? ■ 0 ❑ 0 Is the return rate acceptable(low turbulence)? ❑ ❑ Cl ■ Is the overflow clear of excessive solids/pin floc? n ■ ❑ 0 Is the sludge blanket level acceptable?(Approximately'/4 of the sidewall depth) ■ 0 ❑ 0 Comment: At the time of inspection the clarifier weir for the 2nd clarifier had a small hole in it and was showing signs of short circuiting. The operator stated that this hole had just shown up and the he would fix it immediately. In the last year clarifier 1 was rebuilt and clarifier 2 is now slated for the same type repairs. The operator is required to fix the hole in clarifier number two immediately. Oxidation Ditches Yes No NA NE Are the aerators operational? ■ 0 0 n Are the aerators free of excessive solids build up? ■ 0 0 #Is the foam the proper color for the treatment process? ■ ❑ ❑ n Does the foam cover less than 25%of the basin's surface? ■ n 0 0 Is the DO level acceptable? 0 Q 0 ■ Are settleometer results acceptable(>30 minutes)? n 0 ❑ ■ Is the DO level acceptable?(1.0 to 3.0 mg/I) n n ❑ ■ Are settelometer results acceptable?(400 to 800 ml/I in 30 minutes) n fl n ■ Comment: Page# 3 Permit: NC0021890 Owner-Facility: Granite Falls WWTP Inspection Date: 04/05/2012 Inspection Type: Compliance Evaluation Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n n n Are the receiving water free of foam other than trace amounts and other debris? ■ n ❑ n If effluent (diffuser pipes are required) are they operating properly? n n ■ n Comment: Page# 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 9, 2012 Dr. Jeff Church, Assistant, Auxiliary Services Superintendent Caldwell County Schools 1914 Hickory Boulevard Lenoir, North Carolina 28645 Subject: NOTICE OF VIOLATION NOV-2012-LV-0242 Permit No. NCO041220 Oak Hill Elementary School WWTP Caldwell County Dear Dr. Church: A review of Oak Hill Elementary School's monitoring report for October 2011 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Flow, in conduit or thru 10/31/2011 0.003 mgd 0.004 mgd Monthly treatment plant Average 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 October 2011 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 or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files Water Tech Labs/ORC S:1S;n/Pscald+weli\vvastewater\MinorsiCak Hill Elementary School 412201N0V-2012-I_v-0242.doc 1 o thcarolina )Vaturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.ora FAX (828)299-7043 i �_ __ '�_� _ _ �� __ _ _ __ 1 4 g h NCQENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 9, 2012 Ms. Barbara Harmon, Town Manager Town of Rhodhiss P.O. Box 40 Rhodhiss, North Carolina 28667-0040 Subject: NOTICE OF VIOLATION NOV-2012-LV-0245 Permit No. NCO025917 Rhodhiss WWTP Burke County Dear Ms. Harmon: A review of Rhodhiss WWTP's monitoring report for January 2012 showed the following violation: Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day (20 Deg. C) - 01/31/2012 30 mg/1 36.25 mg/I Monthly Concentration Average Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files Water Tech Labs/ORC S:1SWPtBurke\V'lastewater\MunicipaiiRhodiss WWTP 2591 71NO -2012-Lei-0245.doc NoithCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org FAX (828)299-7043 WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue CharlesWakild, P.E. Dee Freeman Governor Director Secretary May 9`,`2012 Mr. William H. Mills Western Valley Properties LLC 505 Racking Cove Road Sylva, North Carolina 28779 Subject: NOTICE OF VIOLATION NOV-2012-LV-0241 Permit No. NCO032808 Morningstar of Jackson WWTP Jackson County Dear Mr. Mills: A review of Morningstar of Jackson's WWTP monitoring report for January 2012 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 01/24/2012 400'0/100rrtF 580#/100ml Daily Maximum Broth,44.5C 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 or me at 828/296-4500. Sincerely, f :A ZV Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files S:1SWPtJackson\Wastewater,Minors,Morninystar(,Ensley Adult Care)3280MOV-2012-1,V-0241 Aoc NoAhCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swa.nnanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org FAX (828)299-7043 �,.. `�J �� ,� , NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P.E. Beverly Eaves Perdue Director Dee Freeman Governor Secretary May 9, 2012 Mr. James M. Hensler, President and CEO Horsehead Corporation 4955 Steubenville Pike, Suite 405 Pittsburgh, PA 15205 SUBJECT: NOTICE OF VIOLATION Horsehead Corporation—Rutherford County,NC Facility DWQ Tracking Number: NOV-2012-PC-0153 Construction Stormwater Permit NCG010000 Stream Standard Violation- Other Waste (In-stream sediment) Rutherford County Response deadline: June 11,2012 Dear Mr. Hensler: On April 19, 2012, Susan A. Wilson and Tim Fox, from the Asheville Regional Office of the Division of Water Quality(DWQ), conducted a site inspection at Horsehead Corporation off US Highway 221 S in Rutherford County,North Carolina. Ms. Carol Owens, Mr. Lance Davis, and Mr. Jay Woodward were also present, and Mr. Woodward guided staff through the site. Construction Stormwater Permit NCGO10000 and stream standard violations were noted during the inspection and file review. Sediment impacts to an unnamed tributary to the Broad River, a Class C stream in the Broad River Basin,were documented. As a result of the site inspection and file review,the following violations were identified: VIOLATIONS I. Construction Stormwater Permit NCG010000 - A Construction Stormwater Permit (NCGO10000) is issued upon the approval of an Erosion and Sedimentation Control Plan for sites greater than one acre. a. Approved Plan (Part I. Section A: No. 2.)During DWQ's site inspection, a copy of the approved Erosion and Sediment Control Plan was on site and available for SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-296-45001 FAX:828-299-7043 Aaturall# Internet: www,ncwaterquality.org An Fnual Mnndunity I.Affirmative Artinn Fmnlnv; Mr.Hensler May 9,2012 Page 2 of 4 review(Odom Engineering S&EC Plan). However, Ms. Owen did not have an approved site plan for the McGill and Associates area. DWQ is unsure of the coordination between all entities at the site and suggests that this be improved (and clarified for DWQ). DWQ is also unsure if a modified plan was approved for the road along the railroad track at the time of inspection. b. BMPs and Control Measures (Part I. Section A. No. 2) Failure to maintain BMPs and control measures that minimizes pollutants, represents a violation of NCGO10000 Permit. DWQ observed measures that had been affected by the rain storm during the previous 24 hours, which likely had caused the sediment deposition to the unnamed tributary and wetland area. Representatives from the Division of Land Resources (DLR)were not present during the day of the DWQ inspection, so Horsehead Corporation has not been cited for failure to maintain measures (and Horsehead site representatives were in the process of repairing measures). DWQ will coordinate with DLR at a future date to inspect the site again. II. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC O2B .0211 (3)f-Approximately 2080 feet of an unnamed tributary to the Broad River was impacted by sediment deposition in pockets and throughout the stream reach,representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f). A small area of wetlands was also impacted by sediment(it should be confirmed if sediment entered the L delineated wetland area). REQUIRED RESPONSE The DWQ requests that you respond by June 11,2012. 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. Construction Stormwater Permit NCG010000 a. Please explain when you anticipate being in full compliance with the NCGO10000 Permit. Please also explain which entity will take responsibility for stormwater inspection and monitoring, etc. DWQ suggests better coordination between all parties on-site. b. You should include in your response an explanation of why proper operation and maintenance of stormwater measures was not performed to optimum efficiency and how you propose to prevent these problems from reoccurring on this project and on future projects. .der 2012 ,c 3 of 4 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 Tim Fox or Susan 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 Mr. Fox. The Division reminds you that Section II.13.3.(f) of the construction stormwater permit requires that you report to DWQ any visible sediment being deposited in any stream or wetland. Thank you for your attention to this matter. This office requires that the violations, as detailed above,be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Mr.Hensler May 9,2012 Page 4 of 4 Should you have any questions regarding these matters,please contact Ms. Wilson or Mr. Fox at (828) 296-4500 or(susan.a.wilson(a>ncdenr or tim-fox@ncdear.gov). Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Asheville Regional Office Enc: Inspection Report cc: Karen Higgins -WeBSCaPU ARO File Copy Laura Herbert-Division of Land Resources Lance Davis - S&ME David Odom- Odom Engineering Mark Cathey-McGill and Associates S:\SWP\Rutherford\Stonnwater\NCGO1 Construction\Horsehead Corp\NOV-2012-PC-0153.Horsehead.4 2012.doc Site Inspection Report Site Number: WT000075 Site Name: Horsehead Site Site Address: 347 Hicks Grove Rd County: Rutherford Region: Asheville Directions: off US Hwy 221 and Hicks Grove Rd., near Rutherfordton Latitude: Longitude: Site Owner Name: Horsehead Holding Corporation Inspection Date: 04/19/12 Reason for Inspection: Routine Inspection Type: Site Inspection(non-DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Susan A Wilson Phone: 828-294-4500 Secondary Inspector(s): Phone: 828-296-4500 Timothy R Fox - Facility compliance Status: Q Compliant ■ Not Compliant Program Area: Construction SW(NCG010000) Question Areas: NCG010000 Permit Page: 1 Site Number: WT000075 Owner: Horsehead Holding Corporation Inspection Date: 04/19/12 Inspection Type: Site Inspection(non-DOT Reason for Visit: Routine Inspection Summary: Susan Wilson and Tim Fox(DWQ)met Lance Davis, Carol Owens,and Jay Woodward(S&ME)on site April 19,2012. Mr.Woodward performed his site inspection with us. The facility had 2 inches of rain on the day/night prior to the inspection. The site was compliant with DLR during their prior inspection. However,the site did not appear to be compliant with measures at the time of DWQ's inspection 4/19/2012. A follow-up site inspection will be conducted by DLR and DWQ in May. No E&SC plan was on site for the road leading to the Broad River(however,the plan for the project area was on-site). There seemed to be some disconnect regarding the approved site plans. S&ME had Odom Engineering's approved site plans, but had not received McGill's site plans for the road/utilities down to the Broad River. Records and rainfall recording appeared to be well kept. Sediment was observed in the northeast tributary(nearest the utlity access road and RR tracks)from near the wetland area to the Broad River(appx.2080 ft). A small amount of sediment was observed in the wetland area. The silt fence in the area appeared to be breached/compromised after the previous day's rain event. The northwest tributary appeared turbid-and the measures near the headwater of the tributary appeared inadequate. Should these measures not be improved,headcuts will become more pronounced and will result in continued erosion of the tributary. The southeast pond(owned by Horsehead)continues to act a sediment trap. Horsehead may wish to consider sediment removal of this pond/basin to ensure no sediment is released to the downstream pond owner. Page: 2 NDER North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakiid, P.E. Dee Freeman Governor Director Secretary May 9,2012 Henderson County DWQ Project 20120435 NCSR 1347(Foster Creek Road) Approval of 401 Water Quality Certification with Additional Conditions Mr.J.B. Setzer,P.E. Division 14 Engineer North Carolina Department of Transportation 253 Webster Road Sylva,North Carolina, 28779 Dear Mr. Setzer: You have our approval, in accordance with the conditions listed below,for the following impacts in two(2)unnamed tributaries of Foster Creek and Foster Creek for the purpose of widening and making improvements to NCSR 1347 (Foster Creek Road)in Henderson County: Stream Impacts in the French Broad River Basin Site Permanent Fill Stream Permanent Temporary Total Stream in Intermittent Relocation Fill in Impacts in Stream Impacts Stream (linear (linear ft) Perennial Perennial Impact Requiring ft) Stream Stream (linear ft) Mitigation linear ft linear ft linear ft Site 1 0 0 -15 65 65 0 Site 2 0 0 15 65 80 0 Site 3 0 0 15 65 80 0 Total 1 0 0 30 1 195 1 225 1 0 Total Permanent Stream Impacts for Project: 30 lin.ft.Total Temporary Stream Impacts for Project:225 linear ft. The project should be constructed in accordance with your application dated April 20, 2012 (received May 1, 2012), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3886, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarol111a Phone:828-296-45001 FAX:828-299-7043 y��l//� Internet: www.newaterquality.org �atu` An Equal Opportunity\Affirmative Action Employer Mr. J.B. Setzer,P.E. May 9,2012 Page Two This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future)exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6)and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface water_ 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. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 5. NCDOT will need to adhere to all appropriate in-water work moratoria(including the use of pile driving or vibration techniques)prescribed by the North Carolina Wildlife Resources Commission. j.B. Setzer,P.E. .ay 9,2012 Page Three 6. For projects impacting waters classified by the NC Environmental Management Commission as Trout(Tr),High Quality Waters(HQW), or Water Supply I or 1I(WSI, WSII)stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating storm water runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. 7. The permittee shall use/Design Standards in Sensitive Watersheds/ [15A NCAC 413.0124(a)-(e)] in areas draining to (WS-11,HQW, Trout)waters. However,due to the size of the project,NC DOT shall not be required to meet 15A NCAC 4B .0124(a)regarding the maximum amount of uncovered acres. Temporary cover(wheat,millet,or similar annual grain) or permanent herbaceous cover shall be planted on all bare soil within 15 business days of ground disturbing activities to provide erosion control. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas. For the establishment of permanent herbaceous cover,erosion control matting shall be used in conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control devices such as silt fence,temporary sediment ditches,basins, etc. Matting should be secured in place with staples, stakes,or wherever possible, live stakes of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid,which can impinge and entrap small animals. For the establishment of temporary groundcover within riparian areas,hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer-and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. 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. Mr.J.B. Setzer,P.E. May 9,2012 Page Four 18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 19. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 20. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 21. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 22. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 23. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 24. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 25. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d)of the Clean Water Act) and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 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. J.B. Setzer, P.E. _✓Iay 9, 2012 Page 5 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, Charles Wakild,P.E.,eirector Division of Water Quality Attachments 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 12-0435(Setzer)NCSR 1347 Foster Creek Road �'� �i:.... NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P.E. Beverly Eaves Perdue Director Dee Freeman Governor Secretary May 9, 2012 CERTIFIED MAIL-RETURN RECEIPT REQUESTED -7010 1870 0003 0875 4036 Dr. Samuel Leder 4755 Technology Way Suite 202 Boca Raton, Florida 33431-3338 CERTIFIED MAIL-RETURN RECEIPT REQUESTED -70101870 0003 0876 4043 East Fork Lake Property LLC 6530 West Rogers Circle Suite 31 Boca Raton, Florida 33487 CERTIFIED MAIL-RETURN RECEIPT REQUESTED-70101870 0003 0875 4050 East Fork Lake Property, LLC - Corporate Creations Network Inc. 15720 John J. Delaney Drive ' Suite 300 Charlotte,North Carolina 28277 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Lora Young Dam NOV-2012-PC-0167 Stream Standard Violation- Other Waste(In-stream sediment) Failure to Secure 401 Transylvania County Response deadline: May 23,2012 Dear Dr. Leder: On May 2, 2012, Kevin Barnett from the Asheville Regional Office of the Division of Water Quality (DWQ)conducted a site inspection for Lora Young Dam at the East Fork Lake Property in Transylvania County. Mr. Jeff Wait from the Asheville Regional Office of the Division of Land Recources (DLR) was also present. Stream standard and 401 WQC violations were noted during the inspection and file review. Sediment impacts to Upper Creek, Class C, Tr, HQW waters, were documented. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOI thCarolina Phone:828-296-450M FAX:828-299-7043 // Intemet: www.ncwaterquality.org Natura!!tf An Equal Opportunity\Affirmative Action Employer Dr.Samuel Leder May 9,2012 Page 2 of 4 As a result of the site inspection and file review, the following violations were identified: VIOLATIONS I. Stream Standard Violation - Other Waste"(In-stream sediment) 15A NCAC 02B .0211 (3)f- Approximately 2,200 feet of an Upper Creek, Class C,Tr, HQW waters was impacted by sediment deposition measured to be between 3 and 20 inches in depth throughout the stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f). II. Failure to Secure a 401 Water Quality Certification (WQC) Your consultant's response to the Notice of Deficiency issued by DLR stated that 30 linear feet of new culvert had been installed at the,dam. Additionally, approximately 80 linear feet of stream channel below the dam had been excavated and filled with large rock to create a surge basin. The rock and culvert fill requires a US Army Corps of Engineers (USACOE)404 Permit and a Division of Water Quality 401 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 noted above. Such an application is required pursuant to Section 404 of the Clean Water Act and Part 15A of North Carolina Administrative Code 2H .0500. REQUIRED RESPONSE The DWQ requests that you respond by May 23,2011. Your response should be sent to the attention of Kevin Barnett, Division of Water Quality '2090 US HWY 70, Swannanoa,NC 28778 and should address the following items: 1. 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 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. .el Leder 12012 3 of 4 • 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. Two (2) options exist to resolve the violations related to the 401 Water Quality Certification: 1. Apply to the U.S. Army Corps of Engineers for and receive a 404 Permit pertaining to the culvert installation 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 Kevin Barnett of the Asheville Regional Office for additional guidance during plan development. The plan should include the following: Dr.Samuel Leder May 9,2012 Page 4 of 4 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 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) 296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Asheville Regional Office cc: NPS Assistance and Compliance Oversight Unit ARO File Copy Jeff Wait, Division of Land Resources David McHenry,NC Wildlife Resources Commission Terry Allen, P.E. Transylvania County Planning S:\S WP\Transylvania\Complaints\EastForkLakePropertyLLC\Leder.NOV.05.09.2012.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 9, 2012 Linda Issacs McDowell Assisted Living LLC P.O. Box 909 Marion NC 28752 SUBJECT: Compliance Evaluation Inspection McDowell Assisted Living WWTP Permit No: NCO075353 McDowell County Dear Ms. Issacs: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on April 24, 2012. The facility appears to be well operated. No violations of permit requirements or applicable regulations were observed during this inspection. The facility was found to be in Compliance with permit NC0075353. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, ` Jeff Menzel Environmental Specialist Enclosure cc: Juanita Reed James, ORC Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 One Phone:(828)296-4500\FAX:828 299_7�3 Nort��u��O�ina Internet:www.ncwaterauality.org g�'3" ;V tk S:\SWP\McDowell\Wastewater\Minors\McDowell Assisted Living 75353\75353 CEI 20121.docx United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 L N I 2 15! 31 NCO075353 111 121 12/04/24 ' 17 181 C I 191 c LJ I 20IU Remarks 21111111111111IIIIIi11111111111111 Jill Jill 11111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA -------------—------------Reserved---------------------- 67I 169 70 71 UI 721 N I 73 W 74 751 I I I I I I 1 80 t— 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) McDowell Assisted Living WWTP 07:45 AM 12/04/24 10/01/01 Rt 9 Box 415 Exit Time/Date Permit Expiration Date Marion NC 28752 08:00 AM 12/04/24 14/12/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Juanita Reed James/ORC/828-697-0063/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Linda Issacs,PO Box 909 Marion NC 28752//828-652-3033/ No Section C: Areas Evaluated During Inspection Check only those areas evaluated) Operations&Maintenance N Sludge Handling Disposal N 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 In ector(s Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO.WQ//828-296-4500/ �G / / Signature of Management Q A Reviewer Agency/Office,/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3 NC0075353 (11 12, 12/04/24 117 18I C� Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The facility appears to be well operated. No violations of permit requirements or applicable regulations were observed during this inspection. Page# 2 Permit: NCO075353 Owner-Facility: McDowell Assisted Living WWTP Inspection Date: 04/24/2012 Inspection Type: Compliance Evaluation Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ Cl ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS,MCRT,Settleable Solids, pH,DO,Sludge ■ ❑ ❑ ❑ Judge,and other that are applicable? Comment: The site was in good order. Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical ❑ Are the bars adequately screening debris? ■ ❑ ❑ ❑ Is the screen free of excessive debris? ■ ❑ ❑ ❑ Is disposal of screening in compliance? ■ ❑ ❑ ❑ Is the unit in good condition? ' _ ■ ❑ ❑ ❑ Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ ❑ ❑ ❑ Are surface aerators and mixers operational? ■ ❑ ❑ ❑ Are the diffusers operational? ■ ❑ ❑ ❑ Is the foam the proper color for the treatment process? ■ ❑ ❑ ❑ Does the foam cover less than 25%of the basin's surface? ■ ❑ ❑ ❑ Is the DO level acceptable? ❑ ❑ ❑ ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ ■ Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ■ ❑ Are weirs level? ■ ❑ ❑ ❑ Is the site free of weir blockage? ■ ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑ Page# 3 Permit: NC0075353 Owner-Facility: McDowell Assisted Living WWTP Inspection Date: 04/24/2012 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is scum removal adequate? ■ ❑ ❑ ❑ Is the site free of excessive floating sludge? ■ ❑ rl ❑ Is the drive unit operational? ❑ ❑ ■ ❑ Is the return rate acceptable(low turbulence)? ■ ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ Cl Is the sludge blanket level acceptable?(Approximately'/4 of the sidewall depth) ■ ❑ ❑ ❑ Comment: Page# 4 7 WNW North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary May 9, 2012 Garvin Trinks McDowell County Schools 709 Sugar Hill Rd Marion NC 28752 SUBJECT: Compliance Evaluation Inspection Nebo Elementary School WWTP Permit No: NCO067148 McDowell County Dear Mr. Trinks Enclosed please find a copy of the Compliance Evaluation Inspection conducted on April 24, 2012. The facility appears to be well operated. No violations of permit requirements or applicable regulations were observed during this inspection. The facility was found to be in Compliance with permit NC0067148. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please cal,me at 828-296-4500. Sincer?nzel Jeff M Environmental Specialist Enclosure cc: Juanita Reed James, ORC Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One Phone:(828)296-4500\FAX:828 299-7043 NOrthCarolina Internet:www.ncwaterauality.orgLiz/ Natul ll� S:\SWP\McDowell\Wastewater\Minors\Nebo School 67148\67148 CEI 2012.docx United States Environmental Protection Agency Washington,D.C.20460 Form Approved. EPA OMB No.2040-0057 Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15 I 31 NCO067148 111 121 12/04/24 117 181 C I 19I S I 20I I Remarks 211IIIIIIIIIIIIIIIIIII IIII " III IIIIIIIIIIIIIIIIIII6 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ---—------------------Reserved---------------------- 67I 169 70131 711 I 72)N I 73I I 174 75L I ( III I 180 Section B: Facility Data I� Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Nebo Elementary School WWTP 08:10 AM 12/04/24 10/01/01 320 S Main St Exit Time/Date Permit Expiration Date Marion NC 28752 08:30 AM 12/04/24 14/12/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Juanita Reed James/ORC/828-697-0063/ Name,Address of Responsible Official/Title/Phone and Fax Number Garvin Trinks,709 Sugar Hill Rd Marion NC 28752//828-652-5504/ ContactedNo Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Operations&Maintenance ■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 spector(s Agency/Office/Phone and Fax Numbers Date Jeff Menzel l ARO WQ//828-296-4500/ �2 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3I NCO067148 111 12, 12/04/24 117 18I d Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The facility appears to be well operated. No violations of permit requirements or applicable regulations were observed during this inspection. Page# 2 Permit: NCO067148 Owner-Facility: Nebo Elementary School WWTP Inspection Date: 04/24/2012 Inspection Type: Compliance Evaluation Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n Does the facility analyze process control parameters,for ex:MLSS,MCRT,Settleable Solids, pH, DO,Sludge ❑ 0 ■ I_1 Judge,and other that are applicable? Comment: Sand Filters(Low rate) Yes No NA NE (If pumps are used)Is an audible and visible alarm Present and operational? ■ 0 Q Is the distribution box level and watertight? ■ n 0 Is sand filter free of ponding? ■ Cl 0 Is the sand filter effluent re-circulated at a valid ratio? ■ 0 ❑ 0 #Is the sand filter surface free of algae or excessive vegetation? ■ ❑ n #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) ■ ❑ Cl n Comment: Page# 3 ����,� �l /�. / �/ +TA;n 4A w, w ..�a WDERR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild; P.E. Dee Freeman Governor Director Secretary May 9,2012 Hubert M. Jones Mack's Used Cars/Truck Parts 1191 Sweeten Creek Road Asheville,NC 28803 SUBJECT: NPDES Stormwater Permit Compliance Inspection Mack's Used Cars/Truck Parts Permit No: NCGI 00048 Buncombe County Dear Mr. Jones: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on March 20, 2012. The facility was found to be in compliance with permit NCG100048. It should be noted that this facility is in the process of shutting down. No records were onsite for review. Prior to your next inspection,you should have your records available for review. Please contact me at(828)296-4657 or kevin.barnettkc ncdenr. ov,if I can be of any further assistance. Sincerely, Kevin Barnett Environmental Specialist Surface Water Protection Enclosure cc: Central Files Asheville Files S:\SWP\Buncombe\Stormwater\NCG10 Used Motor Vehicles\MacsUsedCars.TruckParts.03.20.2012.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One 828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 NOlthCarolina Internet:www.ncwaterquality.org An Equal Opportunity,Affirmative Action Employer Naturally North Carolina Department of Environment and Natural Resources Division of Water Quality ,verly Eaves Perdue Charles Waklid,P.E. Dee Freeman Governor Director Secretary May 9, 2012 Mr.Jeff Hemphill NC Department of Transportation Project Development and Environmental Analysis 1598 Mail Service Center Raleigh,North Carolina 27699-1598 Subject: NCDOT TIP R-2519B,Yancey and Mitchell Counties Re-Verification for Final Approved Jurisdictional Determination in the French Broad River Basin, 040306 On-Site Determination for Applicability to the Mitigation Rules(I SA NCAC 2H .0506(h) Dear Mr.Hemphill: On March 14,2012,at your request and in your attendance,Mike Parker,NC Division of Water Quality (NCDWQ) staff,conducted an on-site determination to review drainage features located north and south of US Highway 19E from its intersection with NCSR 1308 (Double Island Road)in Yancey County to NCSR 1271 in Mitchell County for applicability to the mitigation rules (15A NCAC 2H. 0506(h)). The drainage features are approximated on the attached maps initialed and dated May 9,2012. Stream SA Perennial within Study Area Stream SC Deemed non jurisdictional within Stud Stream UTICC Perennial within Study Area added 61 lin.ft. Stream SL Perennial within Study Area was added to list Stream UT21) Intermittent outside DOT ROW removed from list Ponds A&C Jurisdictional and inside NCDOT's ROW were added to the Brushy Creek Rapanos form Wetland 2DN abuts Stream 2D is being mowed but wetland criteria being met Wetland WB Wetland IIC at horse corral wetland criteria remains Wetland UT2BC hydrology has been cut off and no longer meets the three wetland criteria Your letter of March 28,2012,the spread sheet list of streams and wetlands entitled Updated 2012 Change Summary from 2004 Verification and updated Rapanos forms for the Brushy Creek and Big Crabtree Creek drainage areas are also attached, initialed and dated. Please note that other sites identified in the jurisdiction verification request package but not reviewed on site by NCDWQ will be considered accurate as presented. Also,this letter only addresses the applicability to the mitigation rules at the site specifically marked on the attached maps as the study area and does not apply to reaches of the channel or feature outside of the NCDOT project area, or to any other drainage features in the vicinity. This letter only addresses the applicability to the mitigation rules and the buffer rules and does not approve any activity within the buffer,Waters of the United States, or Waters of the State. Any impacts to wetlands or streams must comply with the 404/401 regulations,water supply regulations(15A NCAC 2B .0216), and any other required federal, state and local regulations. SURFACE WATER PROTECTION SECTION-Asheville Regional Office One 2090 U.S.Highway 70,Swannanoa,North Carolina 28778-8211 NorthCarolina Phone:828-296-4500\FAX:828-299-7043 rlljll�J Internet:www,ncwaterquality.org lltitll An Equal Opportunity,Affirmative Action Employer Mr.Jeff Hemphill May 9,2012 Page Two The owner(or future owners)or permittee should notify NCDWQ(and other relevant agencies)of this determination in any future correspondences concerning this property and/or project. This on-site determination shall expire five(5)years from the date of this letter. Landowners or affected parties that dispute a determination made by NCDWQ or Delegated Local Authority that a surface water exists and that it is subject to the mitigation rules may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o Brian Wrenn,NCDWQ Wetlands/401 Unit, 1650 Mail Service Center,Raleigh, NC 27699-1650. Individuals that dispute a determination by NCDWQ or Delegated Local Authority that"exempts"a surface water from the mitigation rules may ask for an adjudicatory 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 sixty(60)days of receipt of this notice and the date the affected party (including downstream and adjacent landowners)is notified of this decision. 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 8:00am and 5:00pm, except for official state holidays. The original and one(1)copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received by the Office of Administrative Hearings within five(5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Telephone: (919)-733-2698,Facsimile: (919)-733-3478 A copy of the petition must also be served on DENR as follows: Ms.Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,NC 27699-1601 This determination is final and binding unless you ask for a hearing within 60 days. If you have any additional questions or require additional information please call me at 828-296-4500 or at mike.parker@ncdenr.gov. Sincerely, Michael R.Parker Environmental Senior Specialist Attachment cc: Lori Beckwith,USACE—Asheville Regulatory Field Office Transportation Permitting Unit Mike Parker-ARO ;__;' Stream Calls for R-2519B US 19E,Yancey and Mitchell Counties T;M WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 9,2012 James F. Queen Speedy's Used Parts Post Office Box 6954 Asheville,NC 28806 SUBJECT: NPDES Stormwater Permit Compliance Inspection Speedy's Used Parts Permit No: NCGI 00097 Buncombe County Dear Mr. Queen: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on March 20, 2012. The facility was found to be in compliance with permit NCG100048. Your facility was found to be in excellent shape, with all records in order, outfalls clearly defined, and operating as to cause no harm to adjacent water resources. The issues along your property border where the creek has rerouted itself into your storage facility should be addressed through channelization of the stream such that it will continue to drain along the property boundry, and not enter the storage facility. Please contact me at(828) 296-4657 or kevin.barnettnncdenr.gov,if I can be of any further assistance. Sincerely, Kevin Barnett Environmental Specialist Surface Water Protection Enclosure cc: Central Files Asheville Files S:\SWP\Buncombe\Stormwater\NCG10 Used Motor Vehicles\SpeedysUsedParts.03.20.2012.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One 1 Phone:828-296-4500\FAX:828-299-70431 Customer Service:1-877-623-6748 l�TorthCarohna Internet:www.ncwaterquality.org An Equal Opportunity t Affirmative Action Employer KUM+IR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 9, 2012 Stephen A. Johnson Johnson's Auto Recycling 64 Wedgefield Drive Asheville,NC 28806 SUBJECT: NPDES Stormwater Permit Compliance Inspection Johnson's Auto Recycling Permit No: NCGI00050 Buncombe County Dear Mr. Johnson: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on March 20, 2012. The facility was found to be in compliance with permit NCG100048. Your facility was found to be in excellent shape,with all records in order, outfalls clearly defined, f _ and operating as to cause no harm to adjacent water resources. Please contact me at (828)296-4657 or kevin.barnett iyncdenngov,if I can be of any further assistance. Sincerely Kevin Barnett Environmental Specialist Surface Water Protection Enclosure cc: Central Files Asheville Files S:\SWP\Buncombe\Stormwater\NCG10 Used Motor VehiclesUohnsonAutosalvage.03.20.2012.doe Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\FAX:828-299-70431 Customer Service:1-877-623-6748 NorthCarollna Internet:www.ncwaterquality.org Natffrallbr An Equal Opportunity'\.Affirmative Action Employer -..__\ 1 �_ YT NCDEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 10,2012 Henderson County DWQ Project 20120446 NCSR 1296(Little Willow Circle) 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 of Perry Creek for the purpose of widening and making improvements to NCSR 1296 (Little Willow Circle)in Henderson County: Stream Impacts in the French Broad River Basin Site Permanent Fill Stream Permanent Temporary Total Stream in Intermittent Relocation Fill in Impacts in Stream Impacts Stream (linear (linear ft) Perennial Perennial Impact Requiring ft) Stream Stream (linear ft) Mitigation linear ft linear ft linear ft Site 1 0 0 15 75 90 0 Total 0 0 15 1 75 1 90 J 0 Total Permanent Stream Impacts for Project: 15 lin.ft.Total Temporary Stream Impacts for Project: 90 linear ft. The project should be constructed in accordance with your application dated April 27, 2012 (received May 4, 2012), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3886, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna Phone:: www.ncwaterquality.org FAX: .or 299 7043 ���'/N���� Internet: www.ncwaterquality.org [ALL An Equal Opportunity 1 Affirmative Action Employer Mr.J. B. Setzer, P.E. May 10, 2012 Page Two This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future)exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h)(6)and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s) of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, an' �, maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Controi- Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 5. NCDOT will need to adhere to all appropriate in-water work moratoria(including the use of pile driving or vibration techniques)prescribed by the North Carolina Wildlife Resources Commission. J. B. Setzer,P.E. lay 10, 2012 Page Three 6. If multiple pipes or barrels are required,they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 8. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 9. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 10. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 11. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 12. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed,sized and installed. 13. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 14. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants,hydraulic fluids, or other toxic materials. 15. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 17. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 18. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 19. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 20. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 21. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 22. The outside buffer,wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 23. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other F` 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 10,2012 Page Four 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, Charles Wakild,P.E.,Director Division of Water Quality Attachments cc: Lori Beckwith,USAGE,Asheville Field Office Mark Davis,Division 14,DEO Ed Ingle,Roadside Environmental Dave McHenry,NC WRC Transportation Permitting Unit Asheville Regional Office 12-0446(Setter)NCSR 1296 Little Willow Circle A MWE JAN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 10,2012 Henderson County DWQ Project 20120446 NCSR 1296(Little Willow Circle) 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 of Perry Creek for the purpose of widening and making improvements to NCSR 1296(Little Willow Circle)in Henderson County: Stream Impacts in the French Broad River Basin Site Permanent Fill Stream Permanent Temporary Total Stream in Intermittent Relocation Fill in Impacts in Stream Impacts Stream (linear (linear ft) Perennial Perennial Impact Requiring ft) Stream Stream (linear ft) Mitigation linear ft linear ft linear ft Site 1 0 0 15 75 90 0 Total 0 0 15 1 75 1 90 0 Total Permanent Stream Impacts for Project: 151in. ft.Total Temporary Stream Impacts for Project: 90 linear ft. The project should be constructed in accordance with your application dated April 27, 2012 (received May 4, 2012), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3886, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One t, 1 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 N01`C�1Ca1Ohlla Phone:828-296-45001 FAX:828-299-7043 Naturall y Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Mr. J.B. Setzer,P.E. May 10,2012 Page Two This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h)(6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s) of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, 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. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 5. NCDOT will need to adhere to all appropriate in-water work moratoria(including the use of pile driving or vibration techniques)prescribed by the North Carolina Wildlife Resources Commission. — B. Setzer,P.E. ay 10, 2012 rage Three 6. If multiple pipes or barrels are required,they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 8. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 9. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 10. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 11. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 12. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 13. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 14. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants,hydraulic fluids, or other toxic materials. 15. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 17. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 18. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 19. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 20. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 21. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 22. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 23. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. t Mr. J. B. Setzer, P.E. May 10, 2012 Page Four 24. The issuance of this certification does not exempt the Permiee 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 Permiee 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, harles Wakild,P.E.,Di ctor Division of Water Quality Attachments 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 12-0446(Setter)NCSR 1296 Little Willow Circle Q� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 11, 2012 Eugene Hammonds 9 Oak Ridge Road Asheville, NC 28805 Subject: Overflowing Private Sewer Location: Sewer Line from 9 Oak Ridge Road Asheville, NC 28805 Dear Mr. Hammonds: It is the understanding of the Asheville Regional Office, Division of Water Quality, Surface Water Protection staff that a privately owned sewer line which runs from your property is overflowing between two lower properties on Beech Wood Road. Information indicates that the persons receiving this letter make use of this line. Users of this line need to immediately make arrangements to have it repaired. North Carolina General Statute 13A-335(a) says that a person owning a residence shall provide an approved wastewater system. Continued dependence on an overflowing sewer places at risk your ability to continue to live in your house. Each residence that is connected to this line(s) is responsible for proper operation and maintenance of the sewer line(s). When an overflow occurs from this sewer line(s) residences connected are responsible for the repair of the sewer line. Failure to repair a sewage overflow can result in assessment of civil penalties of up to $25,000 per day. Please notify this office when repairs are complete. Sincerely, �' Jeff Menzel Environmental Specialist cc. DWQ Asheville Files Buncombe County Health Dept/ Environmental Health SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-296-45001 FAX:828-299-7043 Internet: www.ncwaterquality.orgveActi Natmmll� An Equal Opportunity 1 Affirmative Action Employer S:;SWP:Buncombe\Z-Loose Docs\Hammonds SSO.5.11.2012.docx \� J �� �J ___ - -_ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 11, 2012 William Massey 4114 Selberg Lane Lake Worth, Florida 33461 Subject: Sewer Extension Deemed Permitted Massey Sewer Lateral Extension Rutherford County Dear Mr. Massey: The Division of Water Quality(Division) has completed the review of the Fast-Track Sewer Extension application received April 12, 2012 associated with the project listed above. According to the information provided in the application,the subject sewer extension meets at least one of the system criteria under 15A NCAC 02T .0303 (1)—(4) and is deemed permitted. Therefore,the project does not require issuance of a permit from the Division. The project must meet the Minimum Design Criteria for the. Fast Track Permitting of Pump Stations and Force Mains, the Gravity Sewer Minimum Design Criteria and 15A NCAC Chapter 2T. Furthermore, the system must meet any applicable conditions or provisions specific to the type of system (e.g., easement recordation,plumbing code compliance and prior DWQ approval for additional connections). 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 and trout buffer regulations. This letter completes the review of your application by the Division. If you have any questions, please contact Jeff Menzel in the Asheville Regional Office at 828-296-4658. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Asheville Regional Office cc: PERCS ARO File Copy Scott Roach, Odom Engineering, PLLC Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-7043 NorthCaro/�ii/na Internet:www.ncwateraualitv.org CADocuments and SettingsljbmenzeRl_ocal SettingslTemporary Internet Files\ContentQutlooWCRNQS4c\Masse y NLf�yt�rNri)/u tJl Lateral PermittedByRegulation 05 11 12.docx 1 �� T-�. WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 11, 2012 Deb Sweeney Whitmore NC Outward Bound School 2582 Riceville Rd Asheville N.C. 28805 SUBJECT: Compliance Evaluation Inspection NC Outward Bound School Permit No: NCO040754 Burke County Dear Ms. Whitmore: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on April 24, 2012. The facility appears to be well operated. No violations of permit requirements or applicable regulations were observed during this inspection. By the owners and operators taking appropriate measures the toxicity issues from last year appear to have been resolved. The facility was found to be in Compliance with permit NC0040754. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Jeff Menzel Environmental Specialist Enclosure cc: Juanita Reed James, ORC Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NOTethCarOhria Phone:(828)296-4500\FAX:828 299-7 43 Internet:www.ncwaterauality.orq Naturally S:\SWP\Burke\Wastewater\Minors\NC Outward Bound 40754\40754 CEI 2012.docx United States Environmental Protection Agency EPA/� Washington,D.C.20460 Form Approved. OMB No.2040-0057 Water Compfianre in-Ropction Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCs) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15 I 31 NCO040754 111 121 12/04/24 117 181 C I 19I S I 201 II Remarks 2111111111 II IIII I I I I I I I I I I I L I I I II16 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67I 69 70 3 —- 71_ 72 N -_ 73I "74 75 - 80 — Section B: Facility Data t�i Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) NC Outward Bound School 10:15 AM 12/04/24 10/02/01 Forest Service Rd Exit Time/Date Permit Expiration Date Morganton NC 28655 10:40 AM 12/04/24 15/01/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Juanita Reed James/ORC/828-697-0063/ Name,Address of Responsible Official/Title/Phone and Fax Number Deb Sweeney Whitmore,2582 Riceville Rd Asheville NC 28805//828-437-6124/ Contacted No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Operations&Maintenance 0 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 Jeff Menzel ARO WQ//828-296-4500/ 511 ;:Z Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3 NCO040754 111 12I 12/04/24 117 18I CI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The facility appears to be well operated. No violations of permit requirements or applicable regulations were observed during this inspection. By the owners and operators taking appropriate measures the toxicity issues from last year appear to have been resolved. Page# 2 Permit: NCO040754 Owner-Facility: NC Outward Bound School Inspection Date: 04/24/2012 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex: MLSS,MCRT,Settleable Solids, pH, DO,Sludge ■ n n 0 Judge, and other that are applicable? Comment: The site was in good order. Aeration Basins Yes No NA NE -- -- - Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ n ❑ 0 Are surface aerators and mixers operational? n n ■ n Are the diffusers operational? ■ n n n Is the foam the proper color for the treatment process? ■ Cl Cl 13 Does the foam cover less than 25%of the basin's surface? ■ ❑ ❑ Is the DO level acceptable? In n n ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) n n In ■ Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n n Are the tablets the proper size and type? ■ n n n Number of tubes in use? 3 Is the level of chlorine residual acceptable? n n n ■ Is the contact chamber free of growth,or sludge buildup? ■ n n n Is there chlorine residual prior to de-chlorination? ■ n n n Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? ■ n n n Is storage appropriate for cylinders? In n ■ n #Is de-chlorination substance stored away from chlorine containers? ■ ❑ fl n Comment: _ Are the tablets the proper size and type? ■ n n n Page# 3 Permit: NC0040754 Owner-Facility: NC Outward Bound School Inspection Date: 04/24/2012 Inspection Type: Compliance Evaluation De-chlorination Yes No NA NE Are tablet de-chlorinators operational? ■ 0 0 Number of tubes in use? 3 Comment: Page# 4 1;o NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary May 11, 2012 Beverly L-Schwing Pine Mountain Property Owners Assoc 8456 Wards Gap Rd Connellys Springs N.C. 28612 SUBJECT: Compliance Evaluation Inspection Pine Mountain Lakes WWTP Permit No: NCO036935 Burke County Dear Ms. Schwing: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on April 24, 2012. The facility appears to be well operated. No violations of permit requirements or applicable regulations were observed during this inspection. This facility is way under capacity and would benefit from the addition of domestic flow. The facility was found to be in Compliance with permit NC0036935. 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, 1 Jeff Menzel Environmental Specialist Enclosure cc: Juanita Reed James, ORC Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 One Phone: (828)296-4500\FAX:828 299-7043 NOrthCarolina Internet:www.ncwaterauality.ora �atura!!rf S:\SWP\Burke\Wastewater\Minors Pine Mountain Lakes 36935\36935 CEI 2012.docx United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460, OMB No.2040-0057 Water Compliance Inspection Rppnrt Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code .NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15 I 31 NCO036935 111 121 12/04/24 ( 17 181 C I 19I S I 20I I Remarks 21III1111111111111111IIIIIIIIIIIIIIIIIIIIIIIIIII16 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67I 169 70I 3I 71I I_ 72LI 73I ' 174 751 I I I L__I I .L80 Section B: Facility Data _t_1 Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Pine Mountain Lakes WWTP 09:00 AM 12/04/24 10/09/01 2885 Pine Mtn Dr Exit Time/Date Permit Expiration Date Connellys Springs NC 28612 09:25 AM 12/04/24 15/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Juanita Reed James/ORC/828-697-0063/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Beverly L Schwing,8456 Wards Gap Rd Connellys Springs NC 28612!l828-437-4894/ Conta to No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Operations&Maintenance E Facility Site Review Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s71:1 Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO WQ//828-296-4500! �` 51i V t� Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3 NCO036935 111 12I 12/04/24 117 18I d Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The facility appears to be well operated. No violations of permit requirements or applicable regulations were observed during this inspection. This facility is way under capacity and would benefit from the addition of domestic flow. Page# 2 Permit: NCO036935 Owner-Facility: Pine Mountain Lakes WWTP Inspection Date: 04/24/2012 Inspection Type: Compliance Evaluation Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge ■ n n n Judge,and other that are applicable? Comment: The site was in good order. Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ n n 0 Are surface aerators and mixers operational? ❑ n ■ Q Are the diffusers operational? ■ n n I_1 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? ■ ❑ fl 1_l Is the DO level acceptable? n n fl ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) n n n ■ Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ n ❑ 0 Are the tablets the proper size and type? ■ n I_l El Number of tubes in use? 3 Is the level of chlorine residual acceptable? ❑ n n ■ Is the contact chamber free of growth,or sludge buildup? ■ fl ❑ El Is there chlorine residual prior to de-chlorination? n n n ■ Comment: Page# 3 f�, �, �' A40A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor----__ - - _ _ _ _ _Director _ Secretary May 14, 2012 Mr. Will Rucker Linville Falls Club Property Association Inc P.O. Box_145 Linville Falls, North Carolina 28647 SUBJECT: Compliance Evaluation Inspection Linville Falls Mountain Club and Preserve Permit No: NCO080098 McDowell County Dear Mr. Rucker: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on April 24, 2012. The facility appears to be well operated. No violations of permit requirements or applicable regulations were observed during this inspection. The facility was found to be in Compliance with permit NC0080098. 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, 1 Jeff Menzel Environmental Specialist Enclosure cc: Juanita Reed James, ORC Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 One Phone: (828)296-4500\FAX:828 299-7043 No thCarolina Internet:www.ncwatercivality.org a&Ad1 U S:\SWP\McDowell\Wastewater\Minors\Blue Ridge Country Club 80098\80089 CEI 2012.docx v United States Environmental Protection Agency Form Approved. E n/� Washington,D.C.20460 OMB No.2040-0057 r/'1 Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15 I 31 NCO080098 111 121 12/04/24 117 18121 19I S I 201 I Remarks 21L ( ( ( 16E Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- - 67I 169 70131 71 I I 72I N I 73I I 174 751 I I I I I I 180 Section B: Facility Data �I_I Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Linville Falls Mountain Club and Preserve 12:30 PM 12/04/24 11/01/01 17677 Hwy 221 N Exit Time/Date Permit Expiration Date Marion NC 28752 01:00 PM 12/04/24 14/12/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Juanita Reed James/ORC/828-697-0063/ Name,Address of Responsible Official/Title/Phone and Fax Number Andy Price, //828-756-4316/ Contacted No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Operations&Maintenance ■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 spector(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3I NCO080098 111 12I 12/04/24 17 18I CI \ Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The facility appears to be well operated. No violations of permit requirements or applicable regulations were observed during this inspection. Since the last NPDES permit renewal the Non-discharge Spray Irrigation permit WQ0010273 has been rescinded. The option for disposal of treated effluent is discharge through the WWTP into the North Fork Catawba River. The Linville Falls Mountain Club and Preserve are now listed as the owners on the permit. Page# 2 Permit: NCO080098 Owner-Facility: Linville Falls Mountain Club and Preserve Inspection Date: 04/24/2012 Inspection Type: Compliance Evaluation Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ Cl n n Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge ■ n n n Judge,and other that are applicable? Comment: The site was in good order. Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ ❑ ❑ n Are surface aerators and mixers operational? n n ■ n Are the diffusers operational? ■ n n n Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25%of the basin's surface? ■ n n n Is the DO level acceptable? n n n ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) n n n ■ Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n Are weirs level? ■ n n n- is the site free of weir blockage? ■ n n Is the site free of evidence of short-circuiting? ■ ❑ ❑ n Is scum removal adequate? ■ n n n Is the site free of excessive floating sludge? ■ ❑ n n Is the drive unit operational? n n ■ n Is the return rate acceptable(low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ■ n n n Comment: Standby Power Yes No NA NE Is automatically activated standby power available? ■ n n n Page# 3 Permit: NC0080098 Owner-Facility: Linville Falls Mountain Club and Preserve Inspection Date: 04/24/2012 Inspection Type: Compliance Evaluation Standby Power Yes No NA NE Is the generator tested by interrupting primary power source? ■ Cl Is the generator tested under load? n o Was generator tested&operational during the inspection? Cl Cl 0 Do the generator(s)have adequate capacity to operate the entire wastewater site? ■ f_l D n Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ 0 0 0 Is the generator fuel level monitored? 0 0 n Comment: Page# 4 ALI WNW North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 14, 2012 Carolina Power and Light Co. d/b/a Progress Energy Carolinas Attn: Garry Whisnant 200 CP &L Drive Arden,NC 28704 Subject: Activities Deemed Certified Progress Energy Asheville Plant Drought Contingency Piping DWQ Project# 12-0339 Buncombe County French Broad/French Broad River/6—(54.5)/"B" Dear Mr. Whisnant: The 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, if the conditions required by Water Quality Certification No. 3884 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. This letter completes the review of your application by the Division under Section 401 of the Clean Water Act. If you have any questions,please contact Tim Fox in the Asheville Regional Office at 828-296-4664. Sincere, z— Chuck Cranford, Regional Supervisor Surface Water Protection Asheville Regional Office Enc. cc: USACE Asheville Regulatory Field Office WeBSCaPe Unit ARO File Copy S:\SWP\Buncombe\401s\Non-DOT\DMD.401TempWaterintakeDroughtPiping5 2012.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\FAX:828-299-7043 NOr thCarofina Internet:www.ncwaterquality.org w�► at ra An Equal Opportunity Affirmative Action Employer Yit-- [! r /�> �I>;=l -01A �IMEW North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary May 16, 2012 Carson Fisher Burke County General Services PO Box 1486 Morganton N.C.28680-1486 Subject: NOTICE OF VIOLATION NOV-2012-DV-0099 Permit No. WQCS00324 Burke County General Services Burke County Collection System Burke County Dear Mr.Fisher: A review has been conducted of Burke County Collection System's self reported Sanitary Sewer Overflows(SSO's) 5-Day Report/s submitted by Burke County General Services. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00324 and/or G.S. 143-215.1(a)(1). The violation/s that occurred are summarized below; Area Violation Date Description Violation Type CSO/SSO(Sewer Overflow) 02/29/2012 Sanitary Sewer Overflow Discharge Indian Hills Pump Station 10,000 Gallons Without Valid Permit 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 Jeff Menzel at 828-296-4500. Sincerely, Chuck Crahlord Surface Water Protection Section Supervisor Division of Water Quality Asheville Region Cc: DWQ ARO Files PERCS Unit SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE S - One Location:2090 U.S.Highway 70,Swannanoa, NC 28778 NOrthCaro//l//ina Phone:(828)296-4500\FAX:828 299-7043 �atura`[� Internet:www.ncwaterauality.org S:\SWP\Burke\Collection Systems\Burke County Collection System\NOV-2012-DV-0099.docx l� �`� i Al", 11MA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 16, 2012 Brian Shelton, Mayor Town of Rosman 6 Main Street Rosman, NC 28772 Subject: Permit No. WQ0035946 Town of Rosman Hoopers Mobile Home Park Wastewater Collection System Extension Transylvania County Dear Mayor Shelton: In accordance with your application received April 26, 2012, we are forwarding herewith Permit No. WQ0035946, dated May 16, 2012, to The Town of Rosman 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 2T .0300 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T .0300; 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 Carol ina=licensed Professional Engineer to the licensing board. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE NOTt11C1rO/l/llla Location:2090 U.S. Highway 70,Swannanoa, NC 2877&AIM �ffiCar`[a Phone:(828)296-4500 FAX:828 2997043 Intemet:www.ncwaterquality.org Town of Rosman May 16, 2012 Pag In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Town of Rosman for the construction and operation of approximately 2975 linear feet of 8-inch gravity sewer; an 11—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 884 linear feet of 2-inch force main to serve (29 two bedroom mobile homes) as part of the Hooper Mobile Home Park project, and the discharge of 6,690 gallons per day of collected domestic wastewater into the Town of Rosman's existing sewerage system, pursuant to the application received April 26, 2012 and in conformity with 15A NCAC 2T .0300; 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 Rosman Wastewater Treatment Facility (Permit No. NC0021946) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Keith Haynes at (828) �, 296-4500. Sincerely, d y ' f s for Charles Wakild, P.E., Director Division of Water Quality cc: Transylvania County Health Department Asheville Regional Office High Country Engineering Water Quality Central Files PERCS Files r ��a 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 2T .0300; 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 .0300. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0300: 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. WQ0035946. Town of Rosman, Hoopers Mobile Home Park, Transylvania County May 16 2k 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T .0300; 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 .0300; 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 ERMIT NO WQ0035946 Town of Rosman Hoopers Mobile Home Park Transylvania County May 16, 2012 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 Sixteenth day of May 2012 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Charles Wakild, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0035946 3 PERMIT NO. W00035946. Town of Rosman. Hoopers Mobile Home Park, Transylvania County May 16, 2L ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: approximately 2975 linear feet of 8-inch gravity sewer; an 11—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 884 linear feet of 2-inch force main to serve (29 two bedroom mobile homes) 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 J 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 .0300; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ................................................................................................... SEND THIS FORM $SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS CHUCK CRANFORD SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow :- made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 16, 2012 Mandy Thompson, Secretary/Treasurer Pine Grove Town Homes POA, Inc Post Office Box 812 Cashiers, NC 28717 Subject: Permit No. WQ0035948 Pine Grove Town Homes POA, Inc. Pine Grove Sewer Improvements Wastewater Collection System Extension Jackson County Dear Ms. Thompson: In accordance with your application received April 23, 2012, we are forwarding herewith Permit No. WQ0035948, dated May 16, 2012, to Pine Grove Town Homes Property Owner's Association, 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 2T .0300 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T .0300; 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�K NbrthCarolliina Phone:(828)296-4500 FAX:828 2997043 ;V7atura[lff Internet:www.newaterguality.org Pine Grove Town Homes, POA May 16, 2012 Pa. In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as- amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Pine Grove Town Homes POA for the construction and operation of approximately 436 linear feet of 6-inch gravity sewer; a 25 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 372 linear feet of 1.5 inch force main to serve (14 unit town home complex consisting of 31 bedrooms, and a 100 seat church) as part of the Pine Grove Sanitary Sewer Improvements project, and the discharge of 4,220 gallons per day of collected domestic wastewater into the Tuckaseigee Water and Sewer Authority's (TWSA) existing sewerage system, pursuant to the application received April 23, 2012 and in conformity with 15A NCAC 2T .0300; 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 TWSA Plant 3 Wastewater Treatment Facility (Permit No. NC0063321), 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 Keith Haynes at (828) 296-4500. Sincerely, for Charles Wakild, P.E., Director Division of Water Quality cc: Jackson County Health Department Asheville Regional Office, Surface Water Protection. Stillwell Engineering TWSA Water Quality Central Files PERCS Files SASWPWackson\Collection Systems\TWASA#3 Collection SystemtWQ0035948PineGrovePOA.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 2T .0300; 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 .0300. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0300: 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 W00035948 Pine Grove Town Homes POA Sewer Improvements Jackson County May 16,". 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection�. facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T .0300; 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 .0300; 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 tRMIT NO WQ0035948 Pine Grove Town Homes POA Sewer Improvements, Jackson County May 16 2012 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 Sixteenth of May, 2012 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Charle�Wakild, P.E., Director' Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0035948 3 PERMIT NO W00035948 Pine Grove Town Homes PDX Sewer Improvements Jackson County May 16,L ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: approximately 436 linear feet of 6-inch gravity sewer;a 25 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 372 linear feet of 1.5 inch force main to serve(14 unit town home complex consisting of 31 bedrooms, and a 100 seat church) as part of the Pine Grove Sanitary Sewer Improvements project,and the discharge of 4,220 gallons per day of collected domestic wastewater Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s)or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑weekly, ❑ full time)the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T .0300; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: .................................................................................................. SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS CHUCK CRANFORD SURFACE WATER PROTECTION 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. �ji Ar Q= NCDEW North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 16, 2012 Mr. Doug Rowe, Mill Superintendent T&S Hardwoods, Inc. P.O. Box 1004 Sylva,NC 28779 SUBJECT: Notice of Violation NOV-2012-PC-0176 T&S Hardwoods, Inc: NPDES General Stormwater Permit—NCG210134 Jackson County Response Deadline: June 1, 2012 Dear Mr. Rowe: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on May 9, 2012. The Division of Water Quality(DWQ) appreciates the time you spent with Ms. Wilson and Mr. Haynes during the inspection. T&S Hardwoods was found to be in violation of permit NCG210134. The following permit condition violations were noted during the inspection: 1. Stormwater Pollution Prevention Plan(SPPP) ➢ An updated Stormwater Pollution Prevention Plan(SPPP) has not been developed and properly implemented. 2. Qualitative Monitoring ➢ Qualitative monitoring has not been conducted and recorded in accordance with permit requirements. 3. Analytical Monitoring ➢ Analytical monitoring has not been conducted and recorded in accordance with permit requirements. Enclosed is a copy of the Compliance Inspection Report, which contains additional observations and comments for your reference. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 lIi Phone:828-296-450M FAX:828-299-7043 N n2 Internet:www.ncwaterquality.org Naturally aY 01111a - t��An Equal Opportunity`:Affirmative Action Employer (IJ�Y" ------------- Mr.Rowe May 16,2012 Page 2 of 2 The DWQ looks forward to your response and expects the facility to be in compliance before June 30,2012. Should you have any questions regarding these matters,please contact Susan Wilson at(828) 296- 4665 or susan.a.wilsonLncdenngov . Sincerely, 1 ' �r Chuck Cranford,Regional Supervisor Surface Water Protection Asheville Regional Office Enc: Inspection Report cc: WeBSCaPU—Karen Higgins ARO File Copy S:\SWPVackson\Stormwater\NCG21Timber\T&S Hardwood\N0V-2012-PC-0176.CEI T&S Hardwoods.5 2012.doc Compliance Inspection Report Permit: NCG210134 Effective: 08/01/08 Expiration: 07/31/13 Owner: T&S Hardwoods Inc SOC: Effective: Expiration: Facility: T&S Hardwoods Incorporated County: Jackson 3635 Skyland Dr Region: Asheville Sylva NC 28779 Contact Person: Doug Rowe Title: Phone: 828-586-4044 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 05/09/2012 Entry Time: 10:00 AM Exit Time: 12:15 PM Primary Inspector: Susan A Wilson Phone: 828-294-4500 Secondary Inspector(s): Keith Haynes Phone: Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Timber Products Stormwater Discharge COC Facility Status: n Compliant ■ Not Compliant Question Areas: Storm Water (See attachment summary) Page: 1 Permit: NCG210134 Owner-Facility: T&S Hardwoods Inc Inspection Date: 05/09/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Susan Wilson and Keith Haynes(DWQ) met Doug Rowe (T&S Hardwood)and performed a site inspection on May 9, 2012. The site was previously inspected in 2006 and a Notice of Violation (NOV)was sent at that time (no Stormwater Pollution Prevention Plan (SWPPP)in place and no monitoring was being conducted). T&S Hardwoods responded to the NOV that a SWPPP was being worked on and a monitoring plan was being put in place. At the time of this inspection, Mr. Rowe could not locate the SWPPP and no monitoring had been conducted as required. We reviewed the site and discussed potential monitoring locations. DWQ expects that a SWPPP be in place before June 30(and monitoring be conducted prior to June 30). Due to the prior NOV in 2006 regarding the stormwater permit requirements-this office will send an NOV with this inspection as well. Page: 2 Permit: NCG210134 Owner-Facility: T&S Hardwoods Inc Inspection Date: 05/09/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? n ■ n n #Does the Plan include a General Location(LISGS)map? n ■ n n #Does the Plan include a"Narrative Description of Practices"? n ■ n n #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? n ■ n n #Has the facility evaluated feasible alternatives to current practices? n ■ n n #Does the facility provide all necessary secondary containment? ■ ❑ ❑ ❑ #Does the Plan include a BMP summary? n ■ n n #Does the Plan include a Spill Prevention and Response Plan(SPRP)? n ■ n n #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? n ■ Cl n #Does the facility provide and document Employee Training? n ■ n ❑ #Does the Plan include a list of Responsible Party(s)? n ■ n n #Is the Plan reviewed and updated annually? n ■ n n #Does the Plan include a Stormwater Facility Inspection Program? n ■ 0 n Has the Stormwater Pollution Prevention Plan been implemented? n ■ n n Comment: At the time of inspection, Mr. Rowe could not locate the SWPPP for the facility(but believes that one has been done in the past after the previous inspection). Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? n ■ n n Comment: No qualitative monitoring has been performed. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? n ■ n n #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? n ■ Cl n Comment: No analytical monitoring has been performed. 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? ■ Cl Cl 0 #If the facility has representative outfall status, is it properly documented by the Division? n n ■ n #Has the facility evaluated all illicit(non stormwater)discharges? ❑ n ❑ ■ Page: 3 Permit: NCG210134 Owner-Facility: T&S Hardwoods Inc Inspection Date: 0 5/0 912 0 1 2 Inspection Type: Compliance Evaluation Reason for Visit: Routine Comment: No permit or Certificate of Coverage was on site at the time of inspection. A copy of the permit, Certificate of Coverage, Technical Bulletin, and applicable monitoring forms were given to Mr. Rowe. Page: 4 Ak 1.FY WA 70�11a NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 17, 2012 Marcus Jones,County Engineer Henderson County Utilities Cane Creek Water and Sewer District 1 Historic Courthouse Square, Suite#6 Hendersonville,North Carolina 28792 Subject: Fast-Track Application Return Cane Creek Water and Sewer District Naples Knoll, Henderson County Dear Mr.Jones: Enclosed herewith is the Fast-Track Sewer Application submitted by the Cane Creek Water and Sewer District seeking permission to construct a sewer system to serve Naples Knoll. The application is being returned for the following reasons: (1) By Act of the North Carolina General Assembly, effective September 1, 2007,Fast-Track Permit processing fees were increased from $400 to$480. When resubmitting the application please submit a single check made out to the North Carolina Department of Environment and Natural Resources in the amount of$480. (2) The Fast-Track Application form you submitted has been replaced by a newer version, The next time the County submits an Application please use the updated version which is available on the Division's web site. (3) Also,as indicated by checking the spaces on the histruction sheet of the Application,you failed to include two(2)copies of the Flow Tracking/Acceptance for Sewer Extension(FTSE)form,and two(2) COLOR copies-of the topographic map as described in the instructions, I look forward to receiving a completed application. Please do not hesitate to call me at 828/296-4658 should you wish to discuss this matter. Sincerely Jeff 1zel Environmental Specialist Enclosure Cc: Natalie J. Berry, Assistant County Engineer S:\S WP\Henderson\CollectionSystems\HendersonCountyUtilities-CaneCreekSewerDistrictWpplicationRetum\NaplesKnoll\5.17.12.doc SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarofina Phone:828-296-45001 FAX:828-299-7043 �it'/N���� Internet: www.ncwaterquality.org Na An Equal Opportunity 1 Affirmative Action Employer l�>� \.��I 1 `,�/"r AALITJ A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 18, 2012 Steve Wilson Rolf Pippert Unimin Corporation Unimin Corporation PO Box 588 PO Box 588 Spruce Pine,NC 28777 Spruce Pine,NC 28777 Andrew Bradley Unimin Corporation 258 Elm St. New Canaan, CT 06840 SUBJECT: NPDES Stormwater Permit Compliance Inspection Unimin Corp-Green Mountain Plant#1 Permit No: NCG020032 Status: Non-Compliant Yancey County Dear Messrs Wilson, Pippert and Bradley: - This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on April 17, 2012. Mining Stormwater Permit(NCG020032) and stream standard violations were noted during the inspection and file review. Sediment impacts to an Unnamed Tributary to Mine Fork, classified C, were documented. The mine is closed and in the process of stabilizing the grounds. This process will need to be continually monitored to avoid further stream impacts. The permit requirement(Part III Section A#3.b.) of inspecting and maintaining the Best Management Practices (BMP) as well as the analytical monitoring should still be performed until the mine is released or has inactive status. However,the following violations will need to be remediated and monthly sampling of turbidity levels in the receiving stream will need to be conducted until further notice. Violations: I. General permit NCG020000 Violations-Discharges shall not cause or contribute to violations of Water Quality Standards Part I Section B-stream standard violation listed in II. II. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f-Approximately 500 feet of an Unnamed Tributary to Mine Fork was impacted by sediment deposition measured to be at least 4 inches in depth throughout the stream reach, representing Water Quality Stream'Standard violation of 15A NCAC 02B .0211 (3) (f). Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-7043 NOlrt11Cc`1T011llc`1 Internet:www.ncwaterquality.org +�� An Equal Opportunity 1 Affirmative Action Employer �atK'fraj/ Page Two Unimin Pine Mtn#1 May 18,2012 Required Response Due by June 18,2012-Submit to the Asheville Regional Office Please submit a Sediment Removal Plan (Plan) to this office for review and approval prior to any stream work being performed. * 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 me 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. 4 • 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. Once the work is complete, a final report documenting the results of the sediment removal activities should be submitted to me. Until further notice monthly turbidity monitoring during rainfall events shall be instituted at the impacted UT by the entrance gate. The sample results are to be sent to me monthly. Enclosed is a copy of the Compliance Inspection Report, which contains additional observations and comments for your reference. Please contact me at(828) 296-4500 or linda.,A�js�,ncd' enngov,l if I can be of any further assistance. Sincerely, Linda Wiggs Environmental Specialist Surface Water Protection Enclosure cc: Central Files Asheville Files DLR-ARO S:\S WP\Yancey\Stormwater\NCG02 Mining\Unimin\Unimin Green Mt Plant#1 Daybook Property\CEI.April 2012.LTR.doc Compliance Inspection Report Permit: NCG020032 Effective: 01/01/10 Expiration: 12/31/14 Owner: Unimin Corporation SOC: Effective: Expiration: Facility: Unimin Corp-Green Mountain Plant#1 County: Yancey Hwy 197 N Region: Asheville Green Mountain NC 28740 Contact Person: Jeffrey S Ferguson Title: Phone: 828-766-6081 Ext.13 Directions to Facility: System Classifications: - Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 04/17/2012 Entry Time: 09:45 AM Exit Time: 11:10 AM Primary Inspector: Linda S Wiggs -y Phone: 828-296-4500 Secondary Inspectors): Ext.4653 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: NCG020032 Owner-Facility: Unimin Corporation Inspection Date: 04/17/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: The mine has been closed,operations moved oversees. Stabilization of the mine has begun.The North UT has sediment impacts that will need to be restored. Evaluation of South UT for sediment impacts is required. Monthly turbidity sampling during rainfall events of the impacted North UT will be required until further notice. Sampling should take place near the entrance gate before the UT travels under the HWY. 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: Mine has closed. All but one SDO were observed. SDO#6 was missed. Steve Wilson called later and said he would check it out and get back with me. see summary. Page: 2 NCD��� North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary May 18, 2012 Thomas Hartye Metropolitan Sewerage District of Buncombe County 2028 Riverside Dr Asheville, NC 28804 SUBJECT: Pretreatment Compliance Inspection French Broad River WRF Permit No: NCO024911 Buncombe County Dear Mr. Hartye: Enclosed please find a copy of the Pretreatment Compliance Inspection Report from the inspection which Jeff Menzel and I conducted of MSD's approved pretreatment program on April 17, 2012. Please note that a review of the 2011 Pretreatment Annual Report (PAR) has also been completed. MSD's pretreatment program was found to be in Compliance with permit NCO024911 and applicable pretreatment regulations. Please refer to the enclosed inspection report for additional observations and comments. The assistance provided by Jon van Hoff during the inspection was greatly appreciated. If you or your staff has any questions, please do not hesitate to contact me at 296-4660. Sincerely, Keith Haynes Environmental Sr. Specialist Enclosure cc: Jon van Hoff Central Files Asheville Files S:\SWP\Buncombe\Wastewater\Municipal\MSD FBR WRF 24911\Pretreatment\PClletter41712.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 NorffiCarolina Internet:www.ncwatemuality.org Naturally I United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compfiqnrp Inspertmon 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 J 2 5 31 NCO024911 111 121 12/04/17 17 18_I 191 C 20 J1 Remarks 2111111111111111111111111 I I I I I I I I I I I I I I I I I I I I I I 16E Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA ---------------------------Reserved--------------------- 67 I 169 70 U 71 IU 72)N' 73�74 751 I I I I I I (80 Section B: Facility Data �-- Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) French Broad River WRF 09:35 AM 12/04/17 11/04/01 NC Hwy 251 Exit Time/Date Permit Expiration Date Asheville NC 28814 03:15 PM 12/04/17 15/12/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data 111 Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Thomas E Hartye,2028 Riverside Dr Asheville NC 288043054//828-254-9646/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Pretreatment Section D` Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Jeff MenzelPl\ ARO WQ//828-296-4500/ ter/ 1 Keith Haynes 46 ARO WQ//828-296-4500/ C r/ ./2— Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3I NCO024911 I11 12I 12/04/17 17 t$�J Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) MSD is doing an excellent job with their pretreatment program. Please see attached PCI form for details. Page# 2 NORTH CAROLINA DIVISION OF WATER QUALITY PRETREATMENT COMPLIANCE INSPECTION(PCI)REPORT :KGROUND INFORMATION(Complete Prior To PCI;Review Program Info Database Sheet(s)l Control Authority(POTW)Name: MSD of Buncombe County 2. Control Authority Representative(s): Jon van Hoff 3. Title(s): Industrial Pretreatment Coordinator 4. Last Inspection Date:July 22,2010`Inspection Type(Check One): ❑ PCI M Audit 5. Has Program Completed All Requirements from the Previous Inspection and Program Info Sheet(s)? M YES ❑NO 6. Is POTW under an Order That Includes Pretreatment Conditions? ❑YES M NO Order Type,Number,Parameters: Are Milestone Dates Being Met? ❑YES ❑NO PCS CODING Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type NJ ( N J C J 0 1 0 1 2 1 4 1 9 1 11 11 1041 171 12 1 I P I J S J_li (DTIA) (TYPI) (INSP) (FACC) 7. Current Number Of Significant Industrial Users(SNs)? 18 SIUS 8. Current Number Of Categorical Industrial Users(CIUs)? 14 CIUS 9. Number of SNs Not Inspected By POTW in the Last Calendar Year? 0 10.Number of SIUs Not Sampled By POTW in the Last Calendar Year? C 0 11.Enter the Higher Number of 9 or 10 C_0 NOIN 12.Number of SNs With No IUP,or With an Expired IUP 0 NOCM 13.Number of SNs in SNC for Either Reporting or Limits Violations During Either of the Last 2 0 Semi-Annual Periods(Total Number of SNs in SNC) PSNC 11 14.Number of SIUs in SNC For Reporting During Either of the Last 2 Semi-Annual Periods 0 MSNC 15.Number of SNs In SNC For Limits Violations During Either of the Last 2 Semi-Annual Periods 0 SNPS 16.Number of SNs In SNC For Both Reporting and Limits Violations During Either of the Last 2 0 Semi-annual Periods POTW INTERVIEW 17. Since the Last PCI,has the POTW had any NPDES Limits Violations? ❑YES ®NO If Yes,What are the Parameters and How are these Problems Being Addressed? 18. Since the Last PCI,has the POTW had any Problems Related to an Industrial ❑YES M NO Discharge(Interference,Pass-Through,Blockage,Citizens' Complaints,Increased Sludge Production,Etc.)? If Yes,How are these Problems Being Addressed? 19. Which Industries have been in SNC for Limits or Reporting during SNC for Limits: 0 either of the Last 2 Semi-Annual Periods?Not Been Published for SNC for Reporting: 0 Public Notice?(May refer to PAR if Excessive SNs in SNC) Not Published: Not applicable 20. Which Industries are on Compliance Schedules or Orders?For all SNs on an Order,Has a Signed Copy of the Order been sent to the Division? None 21. Are Any Permits Or Civil Penalties Currently Under Adjudication?If Yes,Which [:]YES M NO Ones? LTMP/STMP FILE REVIEW: 22. Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? M YES ❑NO 23. Are Correct Detection Levels being used for all LTMP/STMP Monitoring? M YES ❑NO 24. Is LTMP/STMP Data Maintained in a Table or Equivalent? M YES ❑NO Is Table Adequate? M YES ❑NO 25. All LTMP/STMP effluent data reported on Discharge Monitoring Report? M YES❑NO 26. If NO to 23-26,list violations 27. Should any Pollutants of Concern be Eliminated from or Added to LTMP/STMP? ❑YES M NO If yes,which ones?Eliminated: Added: NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page I 28. PRETREATMENT PROGRAM ELEMENTS REVIEW-Please review POTW files,verify POTW has copy of Prot their files,complete with supporting documents and copy of PERCS Approval Letter,and dates consistent with Program Info'>. Program Element Last Submittal Last Approval Date Next,, Date In file? Date In file If Applicably Headworks Analysis A) 3/30/09 ®Yes❑ No 6/26/09 ®Yes❑ No 4/1/2014 Industrial Waste Survey(IWS) 10/19/09 ®Yes❑ No 5/14/10 ®Yes❑ No 11/1/14 Sewer Use Ordinance(SUO) 11/28/11 ®Yes❑ No 12/13/11 ®Yes❑ No Enforcement Response Plan(ERP) 10/6/04 ®Yes❑ No 5/2/05 ® Yes❑ No Long Term Monitoring Plan(LTMP) 5/3/05 ®Yes❑ No 1013105 ®Yes❑ No INDUSTRIAL USER PERMIT(IUP)FILE REVIEW(3 1UP FILE REVIEWS OR 1 FILE REVIEW AND 1 IU INSPECTION) 29. User Name 1.Kerrfott 2. IF 3. 30. IUP Number 1 009 31. Does File Contain Current Permit? I ®Yes ❑ NoIF-El Yes ❑ No ❑Yes ❑ No 32. Permit Expiration Date I 12/31/16 — � 33. Categorical Standard Applied(I.E.40 CFR,Etc.)Or N/A 1 433 34. Does File Contain Permit Application Completed Within One Year Prior, ®Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No to Permit Issue Date? 35. Does File Contain an Inspection Completed Within Last Calendar Year? ® Yes ❑ No ❑Yes ❑ No 11 ❑Yes ❑ No� 36. a.Does the File Contain a Slug/Spill Control Plan? a. ®Yes❑No a. ❑Yes❑No a. ❑Yes[]No b.If No,is One Needed?(See Inspection Form from POTW) b. ❑Yes ON- b. ❑Yes❑No b. ❑Yes❑No 37. For 40 CFR 413 and 433 TTO Certification,Does File Contain a Toxic ❑Yes❑NogN/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A Organic Management Plan(TOMP)? certification 38. a.Does File Contain Original Permit Review Letter from the Division? a. MYes❑No a. ❑Yes❑No a. ❑Yes[]No b.All Issues Resolved? b.❑Yes❑No®N/A b.❑Yes❑No❑N/A b.❑Yes❑No❑N/A 39. During the Most Recent Semi-Annual Period,Did the POTW Complete ®Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No its Sampling as Required by IUP,including flow? , 40. Does File Contain POTW Sampling Chain-Of-Custody Forms? Z Yes ❑ No 11 ❑Yes ❑ No IF❑Yes ❑ No,j 41. During the Most Recent Semi-Annual Period,Did the SILT Complete its ®Yes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A Sampling as Required b IUP,includingflow? 41b.During the Most Recent Semi-Annual Period,Did SIU submit all reports ®Yes❑No❑N/A ❑Yes❑No❑N/A Ir s❑No❑N/A on time? 42a.For categorical lUs with Combined Wastestream Formula(CWF),does ❑Yes❑NogN/A ❑Yes❑NopN/A ❑Yes❑No❑N/A file includeprocess/dilution flows as Required by lUP? 42b.For categorical Ns with Production based limits,does file include ®Yes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A production rates and/or flows as Required b 1UP? 11 43a. During the Most Recent Semi-Annual Period,Did the POTW Identify ®Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No All Limits Non-Compliance from Both POTW and SIU Sampling? 43b. During the Most Recent Semi-Annual Period,Did the POTW Identify ❑Yes❑No®N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A All Re ortin Non-Com liance from SIU Sampling? 44. a.Was the POTW Notified by SIU(Within 24 Hours)of All Self- a.®Yes❑No❑N/A a.❑Yes❑No❑N/A a.❑Yes❑No❑N/A Monitoring Violations? b.Did Industry Resample and submit results to POTW Within 30 Days? b.®Yes❑No❑N/A b.❑Yes❑NopN/A b.❑Yes❑No❑N/A c.If applicable,Did POTW resample within 30 days of becoming aware c.❑Yes❑No®N/A of SIU limit violations in the POTW's sampling of the SIU? c.❑Yes❑No❑N/A c.❑Yes❑No❑NIA 45. During the Most Recent Semi-Annual Period,Was the SIU in SNC? I ❑Yes ® No 11 ❑Yes ❑ No 11 ❑Yes ❑ No 46. During the Most Recent Semi-Annual Period,Was Enforcement Taken ❑Yes❑NogN/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A as Specified in the POTW's ERP(NOVs,Penalties,timing,etc.)? 47. Does the File Contain Penalty Assessment Notices? [:]Yes[]Nog 11 E]YesE]NoE]N/AI ❑Yes❑No❑N/A 48. Does The File Contain Proof Of Penalty Collection? rr0Yes❑No0N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A 49. a.Does the File Contain Any Current Enforcement Orders? a.❑Yes❑No®N/A a.❑Yes❑No❑N/A a.❑Yes❑No❑N/A b.Is SIU in Compliance with Order? b.❑Yes❑No®N/A b.❑Yes❑No❑N/A b.❑Yes❑NopN/A 5 50. Did the POTW Representative Have Difficulty in Obtaining Any of This ❑Yes ® No ❑Yes ❑ No ❑Yes ❑ No Requested Information For You? NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 2 .,;W COMMENTS: Files were found to be in good order. INDUSTRY INSPECTION PCS CODING: Trans.Code Main Program Permit Number MM/DDIYY Inspec.Type Inspector Fac.Type I- INIQ1010 12141911111 1. . 04 117 1121 f Ij J S j L 2j (DTIA) (TYPI) (INSP) (FACC) 1.Industry Inspected: Kearfott 2.Industry Address: 2858 US Hy 70 3.Type of Industry/Product: Guidance Systems 4.Industry Contact: Ron Shelton&Dave Ttrout Title: HSC&Maintenance Phone: 828-686-3811 Fax: 5.Does the POTW Use the Division Model Inspection Form or Equivalent? ®YES ❑NO 6.Did the POTW Contact Conduct the Following Parts of the Industrial Inspection Thoroughly? Comments: A. Initial Interview ®YES ❑NO B. Plant Tour ®YES ❑NO C. Pretreatment Tour ®YES ❑NO D. Sampling Review ®YES ❑NO E. Exit Interview ®YES ❑NO Industrial Inspection Comments: Very thorough inspection. OVERALL SUMMARY AND COMMENTS: Comments: Ve good data management system Requirements:_Please be sure to send Raleigh a copy of the adopted SUO or info regarding the date of approval. Recommendations: NOD: ❑YES ®NO NOV: ❑YES ®NO QNCR: ❑YES ®NO POTW Rating: Satisfactory X Marginal UnSatisfactory PCI COMPLETED BY: Keit nes&Je tzel DATE: April 17,2012 U NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 3 ji ���. `�J j WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakiid, P.E. Dee Freeman Governor Director Secretary May 18, 2012 Thomas Hartye, General Manager Metropolitan Sewerage District of Buncombe County 2028 Riverside Drive Asheville, NC 28804 Subject Permit No. WQ0035957 MSD of Buncombe County Weaverville Pumping Station Rehabilitation Phase III Wastewater Collection System Extension Buncombe County Dear Mr. Hartye: In accordance with your application received May 15, 2012, we are forwarding herewith Permit No. WQ0035957, dated May 18, 2012, to Metropolitan Sewerage District (MSD) of Buncombe County 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 2T .0300 or any individual system-wide-collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T .0300; 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. No"rthCarolina Nahmil!b SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 Phone:(828)296-4500 FAX:828 2997043 Internet:-iviviv.ncwaterquality org S:\SWP\Buncombe\Collection Systems\MSD Collection System WQCS00004\WQ0035957 MSD Weaverville Pumping Sys Rehab Phase III 5-18- 2012.docx MSD of Buncombe County May 18, 2012 Page,, 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 Metropolitan Sewerage District of Buncombe County for the construction and operation of approximately 742 linear feet of 14-inch HDPE force Main replacement; to serve as part of the Weaverville Pumping Station Rehabilitation Phase III project replacing 742 linear feet of existing 12- inch DIP sewer force main and the discharge of previously permitted flow of collected domestic wastewater into the Metropolitan Sewerage District of Buncombe County French Broad River Wastewater Reclamation Facility's existing sewerage system, pursuant to the application received May 15, 2012 and in conformity with 15A NCAC 2T .0300; 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 Metropolitan Sewerage District of Buncombe County French Broad River Wastewater Reclamation Facility (Permit No. NC0024911) 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. U If you need additional information concerning this matter, please contact Jeff Menzel at (828) 296-4500. Sincerely, d / Y for Charles Wakild, P.E., Director Division of Water Quality cc: Buncombe County Health Department Asheville Regional Office, Surface Water Protection (MSD NC0024911) W. Hunter Carson, P.E., MSD Project Manager PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T .0300; 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 .0300. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0300: 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. WO0035957 MSD Weaverville Pumping Station Rehabilitation Phase III - Bunc Co 5-18-2012 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T .0300; 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 .0300; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 ,permit No. WQ0035957 MSD Weaverville Pumping Station Rehabilitation Phase III— Bunc Co 5-18-2012 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) T33-3300.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 18 DAY OF MAY, 2012 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Charles Wakild, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0035957 3 C -,,\ Permit No. WQ0035957 MSD Weaverville Pumping Station Rehabilitation Phase III— Bunc Co 5-18-2012 ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: permission is hereby granted to the Metropolitan Sewerage District of Buncombe County for the construction and operation of approximately 742 linear feet of 14-inch HDPE force Main replacement; to serve as part of the Weaverville Pumping Station Rehabilitation Phase III project replacing 742 linear feet of existing 12-inch DIP sewer force main and the discharge of previously permitted flow of collected domestic wastewater into the Metropolitan Sewerage District of Buncombe County French Broad River Wastewater Reclamation Facility's existing sewerage system, pursuant to the application received May 15, 2012 Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension - • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s)or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEERS CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑weekly, ❑ full time)the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T .0300; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: .................................................................................................. SEND THIS FORM&SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS CHUCK CRANFORD SURFACE WATER PROTECTION 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. �� �`�) 5�_+li lh- 74i �ftlNCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary May 18, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 4159 Radford L Thomas, Director Public Utilities City of Lenoir PO Box 958 Lenoir NC 286450958 Subject: NOTICE OF VIOLATION/NOTICE,OF INTENT TO ENFORCE NOV-2012-DV-0102, NOV-2012.-DV 010.3 Permit No. WQCS00035 City of Lenoir Lenoir Collection System Caldwell County Dear Mr Thomas, A review has been conducted of Lenoir Collection System's self reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by 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 SSO 5-Day Reports were found to be incomplete. The violation/s that occurred are summarized below; Area Violation Date Description Violation Type SSO (Sewer Overflow) 03-25-2012. Sanitary Sewer Overflow Discharge NOV-2012-DV-0102 67,320 Gallons Without Valid Permit SSO (Sewer Overflow) 04-18-2012 Sanitary Sewer Overflow Discharge NOV-2012-DV-0103 5,690 Gallons Without Valid Permit 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 NOTt11Cay+TO/l/llla Internet: www,ncwaterquality.org Naturally An Equal Opportunity 1 Affirmative Action Employer SASMCaldwell\Collection Systems\Lenoir Collection System\NOV-2012-DV-0102, NOV-2012-DV-0103.docx 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 15 days of receipt of this letter. If you should have any questions, please do not hesitate to contact Jeff Menzel at 828-296-4500. Sincerely, Chuck Cranford Surface Water Protection Section Supervisor Division of Water Quality Asheville Region Cc: Central Files PERCS Unit AifC4� North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 21, 2012 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 3,2012,I inspected the construction work on Upward Road between US Highway 176 and Howard Gap Road in Henderson County. Construction work is continuing all along Upward Road between Howard Gap Road and US Highway 176 with the main focus on grading,paving and completing the new I-26 Bridge. 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 2012 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-29645001 FAX:828-299-7043 One Internet:www.ncity t'A Affirmative Action NOfthCarohna An Equal Opportunity`,Affirmative Action Employer Naturally '� Fes., �� I��� � ' Wetland Inspection Report Project Num: 20081327 Version: 1 Status: Issued Project Name: NCDOT-SR 1783(R-4430) Project Type: Road/Highway Widening County: Henderson Region: Asheville Location: NCDOT-SR 1783(R-4430) Latitude: +35'17-51" Longitude: -82°24'25" SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 05/03/2012 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: E Permit(401 WQC) Inspection Summary: Repair inlet area at 48"inch pipe. Repair silt fence throughout project. Continue to maintain sediment and erosion control structures throughout project. Page: 1 Project Num: 20081327 Owner: NC DOT PDEA Inspection Date: 05/03/2012 Inspection Type: Site Inspection(DOT) Reason for Visit: Routine Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ n n n Are the culverts and/or filled areas installed properly? ■ n n n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n ■ n n Comment: Some sediment is getting into stream at inlet to 48" pipe culvet. The sediment should be removed from the stream and the drainage to this area should be repaired to prevent sediment from entering the stream. �l Page: 2 .�*A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, RE. Dee Freeman Governor Director Secretary May 21, 2012 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 3,2012,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,bridge construction, culvert construction,pipe installation and roadbed preparation. 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 2012 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 Internet:www.ncwateraualitv.org NonrthCarolina ;1n Equal Opportunity!Affirmative Action Employer �Iva&rjilj�( r��� �, ����\ ��, Wetland Inspection Report Project Num: 20081809 Version: 1 Status: Issued Project Name: NCDOT-US 221 (R-2233a) Project Type: Road/Highway Widening County: Rutherford Region: Central Location: NCDOT-US 221 (R-2233a) Latitude: +35*12-21" Longitude: -81°50'18" SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 05/03/2012 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: M Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: 0 Permit(401 WQC) Inspection Summary: Project appears to be in good shape. Continue to maintain all sediment and erosion control structures and seed and mulch all bare areas within 15 days. Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ n 0 n Are the culverts and/or filled areas installed properly? ■ 0 n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ■ 0 n fl Comment: Project appears to be in good shape. Page: 1 WDENK North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 21,2012 Director Tuckaseigee Water and Sewer Authority 1246 West Main Street Sylva, North Carolina 28779 . Subject: Fast-Track Application Return Tuckaseigee Water& Sewer Authority R-5000 Utility Relocation Jackson County d ,!„ Dear Director: Enclosed herewith is the Fast-Track Sewer Application submitted by the Tuckaseigee Water& Sewer Authority seeking permission to construct a sewer system to serve R-5000 Utility Relocation. The application is being returned for the following reasons: (1) The Fast-Track Application was submitted with an unauthorized signature for Owner/Permittee Signing Official in the"C.Certifications"section of the application, and the Flow Tracking/Acceptance for Sewer Extension(FTSE)form. (2) The NC PE Seal in the"C. Certifications"section of the application was not signed and dated as required by the engineer. I look forward to receiving a completed application. Please do not hesitate to call me at 828/296-4660 should you wish to discuss this matter. Sincerely Keith Haynes Environmental enior Specialist Enclosure Cc: Warren M. Sugg, Mulkey Engineers&Consultants J. Ralph Cannady,PE,NCDOT - SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S,Highway 70,Swannanoa,North Carolina 28778 NOl'111CaY 01111a Phone:: www,ncwate1 FAX: 99-7043 .�^��'/N�/�� Internet: www.ncwaterquality.org `//1/ K` ` An Equal Opportunity 1 Affirmative Action Employer C4J ► u,A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary May 21,2012 Peggy A. Dortch,Environmental Manager K T Feldspar Corporation 8342 S 226 Pypass PO Box 309 Spruce Pine NC 28777 Subject: NOTICE OF VIOLATION NOV-2012-DV-0104 NOV-2012-DV-0105 Permit No.NC0000400 K T Feldspar Corporation Spruce Pine operations Dear Ms. Dortch, Mitchell County A review has been conducted of K T Feldspar operation's self reported By-pass of Treatment 5-Day Reports. This review has shown the subject facility to be in violation of the requirements found in NPDES Permit NC0000400 and/or G.S. 143-215.1(a)(1). The violations that occurred are summarized below; Area Violation Date Description Violation Type SSO (Sewer Overflow) 03/13/2012 By-pass of Treatment By-pass of NOV-2012-DV-0104 12,000 gallons Treatment SSO (Sewer Overflow) 03/15/2012 By-pass of Treatment By-pass of NOV-2012-DV-0105 1,500 gallons Treatment 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 Jeff Menzel at 828-296-4500. Smcaely,/ Chuck rranford Surface Water Protection Section Supervisor Division of Water Quality Cc: DWQ ARO Files Asheville Region PERCS Unit SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One Phone:(828)296-4500\FAX:828 299-7043 NOrthCarOlina. Internet:www.ncwaterguality.org �atura!!t� S:\SVvTNitchell\Wastewater\Industrial\K-T Feldspar 00400\NOV-2012-DV-0104 NOV-2012-DV-0105.docx �. �_� I� �' �_..,� •�i/ ___.. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary May 21, 2012 Kenneth L. Owen, Owner Dillsboro Water and Sewer, Inc. P.O. Box 1052 Dillsboro, NC 28725 Subject: Permit No.WQ0020637 Modification Dillsboro Water and Sewer, Inc. Dillsboro Microtel Hotel Wastewater Collection System Extension Jackson County Dear Mr. Owen: In accordance with your application received April 27, 2012, we are forwarding herewith Permit No. WQ0020637, dated May 21, 2012, to Dillsboro Water and Sewer, 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, shall void Permit No. WQ0020637 issued September 20, 2002 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. The modification includes addition of approximately 450 linear feet of 8-inch sewer with flow allocated by previous permit. 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 .0300 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T .0300; 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. One SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE NorthCarofina Location:2090 U.S.Highway 70,Swannanoa, NC 28778 Naturall Phone:(828)296-4500 FAX:828 2997043 Internet:www.newaterguality.org Dillsboro Water and Sewer, Inc. May 21, 2012 Pa6, 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 Dillsboro Water and Sewer, Inc. for the construction and operation of approximately 450 linear feet of 8- inch gravity sewer; to serve (58 hotel rooms) as part of the Dillsboro Microtel Hotel project, and the discharge of 6,960 gallons per day of collected domestic wastewater, allocated from original permit into the Tuckaseigee Water and Sewer Authority (TWSA) existing sewerage system, pursuant to the application received April 27, 2012 and in conformity with 15A NCAC 2T .0300; 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 continued operation of 2,590 linear feet of 8-inch gravity sewer, 4,150 linear feet of 6-inch gravity sewer, and approximately 2,969 linear feet of 4-inch force main and associated duplex pump station. The sewage and wastewater collected by this system shall be treated in the TWSA Plant 1 Wastewater Treatment Facility (Permit No. NC0039578) 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 Keith Haynes at (828) 296-4500. Sincerely, ` r for Ch4:les Wakild, P.E., Director Division of Water Quality cc: Jackson County Health Department Asheville Regional Office, Surface Water Protection NCO039578 Brown Consultants, PA TWSA Water Quality Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T .0300; 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 .0300. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0300: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. 1 PERMIT NO WQ0020637 Dillsboro Water and Sewer Inc Dillsboro Microtel Jackson County May 21. 2(; 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T .0300; 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 .0300; 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 26 .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 Regional1 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 ERMIT NO W00020637 Dillsboro Water and Sewer Inc Dillsboro Microtel, Jackson County May 21. 2012 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 1 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 21st day of May, 2012 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Charles�Wakild, P.E., Director " Division of Water Quality By Authority of the Environmental Management Commission Permit Number W00020637 3 PERMIT NO.WQ0020637. Dillsboro Water and Sewer. Inc.. Dillsboro Microtel, Jackson County May 21, 2c ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: approximately 450 linear feet of 8-inch gravity sewer; to serve (58 hotel rooms) as part of the Dillsboro Microtel Hotel project Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations(selected pumps, system curve, operating point, available storage if portable generator(s)or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑weekly, ❑ full time) the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T .0300; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: .................................................................................................. SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS CHUCK CRANFORD SURFACE WATER PROTECTION 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. 41 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality everly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 21, 2012 Jeffrey S Ferguson Unimin Corporation PO Box 588 Spruce Pine NC 28777 Steve Wilson Andrew Bradley Unimin Corporation Unimin Corporation PO Box 588 258 Elm St. Spruce Pine,NC 28777 New Canaan, CT 06840 SUBJECT: NPDES Stormwater Permit Compliance Inspection Unimin Corp-Green Mountain Plant#2 Permit No: NCG020057 Mitchell County Dear Messrs Ferguson, Wilson and Bradley: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on -- April 17, 2012. No activity is taking place at the facility. Please keep in mind that all requirements of the Stormwater Permit are still in effect even though there is no activity at the facility. This includes monitoring of the outfalls. There are options you can consider for this facility. You can apply for no exposure, to rescind the permit, or for dormant status. Feel free to contact me to discuss these options. Enclosed is a copy of the Compliance Inspection Report, which contains additional observations and comments for your reference. Please contact me at (828) 296-4500 or linda.wiggsgncdenr.gov, if I can be of any further assistance. - Sincerely, Linda Wiggs Environmental Specialist Surface Water Protection Enclosure cc: Central Files Asheville Files S:\SWP\Mitchell\Stormwater\NCG02 Mining\Unimin\Green Mt Development#2\April 2012 visit\CEI.Apri12012.LTR.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-45001 FAX:828-299-7043 7tTOne 1 + Internet:www.ncwaterquality,org NorthCarohna An Equal Opportunity 1 Affirmative Action Employer Amard4 �J� Compliance Inspection Report Permit: NCG020057 Effective: 04/23/10 Expiration: 12/31/14 Owner:Unimin Corporation SOC: Effective: Expiration: Facility: Unimin Corp-Green Mountain Plant#2 County: Mitchell Hwy 197n Region: Asheville Green Mountain NC 28740 Contact Person: Jeffrey S Ferguson Title: Phone: 828-766-6081 Ext.13 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 04/17/2012 Entry Time: 11:30 AM Exit Time: 12:00 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: Mining Activities Stormwater Discharge COC Facility Status: ■Compliant ❑ Not Compliant Question Areas: Storm Water (See attachment summary) Page: 1 Permit: NCG020057 Owner-Facility: Unimin Corporation Inspection Date: 04/17/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: The 2006 inspection indicated the site would qualify for No,Exposure.The 2009 inspection indicated product was making its way to the SDO. Unimin is undecided what they want to do with this facility at this point. No activity occurring onsite at time of inspection. There is an unknown large concrete cap onsite on upstream side of river. Not sure what is under this concrete cap? Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? 00 ,00 Comment: Facility needs to continue monitoring outfal even though site is vacated, unless they receive a No Exposure, or Dormant status. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? 0 0 0 0 #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? 0000 Comment: Facility needs to continue monitoring outfall even though site is vacated, unless they receive a No Exposure, or Dormant status. Permit and Outfalls Yes No NA NE #Is a copy of the Permit and the Certificate of Coverage available at the site? Q Q ❑ ■ #Were all outfalls observed during the inspection? ❑ 0 0 #If the facility has representative outfall status,is it properly documented by the Division? 0 Q ■ 0 #Has the facility evaluated all illicit(non stormwater)discharges? ❑ ■ Q 0 Comment: Site is vacated. Unimin is deciding what to do with site, they may use it for Research and Development. It is unclear if an evaluation of illicit discharges has been performed at this site. If operations resume an illicit discharge evaluation will need to take place to make sure the building has no floor drains going to the river. Page: 2 wyti. 11 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 21, 2012 George W. Ware PO Box 658 Newland NC 28657-0658 SUBJECT: Compliance Evaluation Inspection Jonas Ridge Adult Care Facility Permit No: NCO060224 Burke County Dear Mr. Ware: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on April 24, 2012. No violations of permit requirements or applicable regulations were observed during this inspection. The facility was found to be in Compliance with permit NC0060224. 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. Sincerel*zel Jeff Me Environmental Specialist Enclosure cc: Juanita Reed James, ORC Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 One Phone:(828)296-4500\FAX:828 299-7043 NorthCarohna Internet:www:ncwaterguality org S:\SWP\Burke\Wastewater\Minors\Jonas Ridge Adult Care 60224\60224 CEI 2012.doc�aturall� �� / 1 �� United States Environmental Protection Agency EPA Washington,D.C.20460 Form Approved. OMB No.2040-0057 Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 1 51 31 NCO060224 111 121 12/04/24 117 181 C I 19I S I 20 I I 21 Remarks 1IIII 11111111I L111IIIIIIIIIIIIIIIIII16 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67I 169 70I 3 I 71 I_I 721 N I 73I l_IU 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) Jonas Ridge Adult Care Facility WWTP 11:15 AM 12/04/24 10/05/01 NC Hwy 181 N Exit Time/Date Permit Expiration Date Jonas Ridge NC 28641 12:00 PM 12/04/24 15/01/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Juanita Reed James/ORC/828-697-0063/ Name,Address of Responsible Official/Title/Phone and Fax Number George W Ware,PO Box 658 Newland NC 286570658//828-387-1959/ Contacted No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Operations&Maintenance E Facility Site Review 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/ / Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.).. 3 N CO060224 111 12, 12/04/24 117 18 Id Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Dark water in the aeration basin and evidence of solids in the contact basin were signs that this facility was poorly operated in the past. However, under new operators, the plant appears to be showing signs of improvement. The effluent was clear at the time of inspection. Maintenance was being done on the aerator lines at the time of inspection. It appeared as a thorough cleaning had not been done in some time. This facility should have a working water line so that the plant can be washed and maintained. No violations of permit requirements or applicable regulations were observed during this inspection. Page# 2 Permit: NCO060224 Owner-Facility: Jonas Ridge Adult Care Facility WWTP Inspection Date: 04/24/2012 Inspection Type: Compliance Evaluation Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ D D D Does the facility analyze process control parameters,for ex:MLSS,MCRT,Settleable Solids, pH, DO,Sludge ■ D D D Judge,and other that are applicable? Comment: Dark water in the aeration basin and evidence of solids in the contact basin were signs that this facility was poorly operated in the past. However, under new operators, the plant appears to be showing signs of improvement. The effluent was clear at the time of inspection. Equalization Basins Yes No NA NE Is the basin aerated? 0 Cl D D Is the basin free of bypass lines or structures to the natural environment? ■ Cl D D Is the basin free of excessive grease? ■ D D D Are all pumps present? ■ D D Cl Are all pumps operable? E ❑ D D Are float controls operable? 0 D D 0 Are audible and visual alarms operable? 0 D D D #Is basin size/volume adequate? D D D Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ D D D Are surface aerators and mixers operational? D D 0 D Are the diffusers operational? 0 D D D Is the foam the proper color for the treatment process? ■ D D D Does the foam cover less than 25%of the basin's surface? ■ ❑ ❑ D Is the DO level acceptable? D Cl D ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) D D D ■ Comment: Maintenance was being done on the aerator lines at the time of inspection. It appeared as a thorough cleaning had not been done in some time. This facility should have a working water line so that the plant can be washed and maintained. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ D Page# 3 Permit: NC0060224 Owner-Facility: Jonas Ridge Adult Care Facility WWTP Inspection Date: 04/24/2012 Inspection Type: Compliance Evaluation \' Disinfection-Tablet Yes No NA NE Are the tablets the proper size and type? ■ n n n Number of tubes in use? 3 Is the level of chlorine residual acceptable? ■ n n n Is the contact chamber free of growth,or sludge buildup? ■ n n n Is there chlorine residual prior to de-chlorination? ■ n n n Comment: According to the new operator the contact chamber was full of sludge when they took over operations. The contact basin has since been cleaned and now appears to be operating as intended. Page# 4 Aja NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary May 21, 2012 William I. Young PO Box 250 Micaville NC 28755-0250 SUBJECT: Compliance Evaluation Inspection Silver Bullet Convenience Store Permit No: NCO088803 Yancey County Dear Mr. Young Enclosed please find a copy of the Compliance Evaluation Inspection conducted on April 24, 2012. The facility was found to be in Compliance with permit NC0088803. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Jeff Menzel Environmental Specialist cc: Juanita Reed James, ORC Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 One Phone: (828)296-4500\FAX:828 299-7043 NorthCarohna Internet:www.newaterguality.org S:\SWP\Yancey\Wastewater\Minors\Silver Bullet 88803\88803 CEI 2012.docx NaAm if �l 1 �J/ United States Environmental Protection Agency Washington,D.C.20460 Form Approved. EPA OMB No.2040-0057 Water Complinnce InsperAffinn Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15 I 31 NCO088803 111 121 12/04/24 117 181 C I 19I S I 20I II Remarks 21IIIIIIIIIIIIIIIIIIIIIIII IIII111111111111H111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67I 169 70131 71 I I 72I N I 73I 'u 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) Silver Bullet Convenience Store 04:05 PM 12/04/24 11/03/01 4075 E US Hwy 19 E Exit Time/Date Permit Expiration Date Burnsville NC 28714 04:25 PM 12/04/24 16/02/29 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Juanita Reed James/ORC/828-697-0063/ Name,Address of Responsible Official/Title/Phone and Fax Number William I Young,PO Box 250 Micaville NC 287550250//828-682-7956/ ContactedNo Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Operations&Maintenance E Facility Site Review 0 Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO WQH828-296-4500/ F 2. Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3 NCO088803 I11 12' 12/04/24 1 18�CI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The facility was not discharging at the time of inspection. No violations of permit requirements or applicable regulations were observed during this inspection. Page# 2 Permit: NCO088803 Owner-Facility: Silver Bullet Convenience Store ,spection Date: 04/24/2012 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? E ❑ 0 Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids,pH, DO,Sludge fl fl 0 i] Judge,and other that are applicable? Comment: The facility was not discharging at the time of inspection. Page# 3 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality _,everly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 21, 2012 Mr,J. J. Swain, Jr., P.E. Division 13 Engineer N.C. Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Stormwater Inspection DWQ Project 10-1017 TIP No.U-255013 NC Highway 18 @ I-40 Burke County Dear Mr. Swain: On May 16,2012, I inspected the construction work on TIP Project No. U-2550B,NC Highway 18 at Interstate 40 in Burke County. The.inspection included compliance with the 401 Water Quality Certification and review of Construction Stormwater records. 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, 3 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 R-2550B NC Highway 18 @ I-40 May 2012 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 www rlmateraualit�ro North Carolina An Equal Opportunity 1 Affirmative Action Employer ;V tetra l/ �\ 1 � Wetland Inspection Report Project Num: 20101017 Version: 1 Status: Issued Project Name: NCDOT-NC 18(U-2550B) Project Type: Road maintenance/repair/improvements County: Burke Region: Asheville Location: NCDOT-NC 18(U-2550B) Latitude: Longitude: SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 05/16/2010 Reason for Inspection: Routine Inspection Type:Records/File Review(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: n Compliant Not Compliant Program Area: Construction SW(NCG010000) Question Areas: 0 NCG010000 Permit Inspection Summary: Rains on 5-14,5-15,5-16 have exceeded three inches and some sediment has been lost. Any sedimet lost off site should be removed including streams. Monitoring records and forms appear to be up to date, however,some forms were not signed. Some matting on slopes had failed and slid to the bottom of the slope. These areas should be repaired. NCDOT noted that the matting in these areas would be removed,reseeded and matted. The area below Bush Drive had just been temporary seeded. It is recommended that this area be final graded and permanetly seeded. Also,it appears that a sediment basin is required for this area and has not been installed. The sediment basin between the south side of 1-40 and the mexican restaurant is not draining properly and some stormwater is going around the basin to the East Prong of Hunting Creek. This area should be repaired. Seeding and matting must be performed on all bare soil areas where construction has not occurred for more than 15 days. Page: 1 Project Num: 20101017 Owner: NC DOT PDEA Inspection Date: 05/16/2010 Inspection Type: Records/File Review(DOT) Reason for Visit: Routine NCG010000 Permit Yes No NA NE #Is this inspection related to a DLR/delegated program inspection? ■ Cl n 0 If Yes,what was the DLR/delegated program inspection date? Is the site following its E&SC Plan as per DLR or delegated program? [I ■ 0 0 Is the site maintaining their E&SC measures as per DLR or delegated program? n ■ ❑ o Is a copy of the approved E&SC plan on site? ■ n 0 0 Is a rain gauge present on-site or is MPE in use for the site? ■ Cl C'I 11 Is rain gauge data or MPE data recorded? ■ Cl ❑ 0 Are inspection records complete? ❑ ■ Is the site compliant with other conditions of the NCG010000 permit? ■ 0 0 0 Comment: It appears that a sediment basin is required to be installed above the culvert at Station 39+00. The area had been temporary seeded and the ditch had been lined with rip rap. Stormwater forms need to be signed. Some forms did not have all signatures. Page: 2 'A411A' Ncaf WR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 22, 2012 Donald Danford City of Morganton Post Office Box 3448 Morganton, NC 28655 SUBJECT: Pretreatment Compliance Inspection Catawba River Pollution Control Facility Permit No: NCO026573 Burke County Dear Mr. Danford: Enclosed please find a copy of the Pretreatment Compliance Inspection Report from the inspection which Jeff Menzel and I conducted of the City of Morganton's approved pretreatment program on April 24, 2012. Please note that a review of Morganton's 2011 Pretreatment Annual Report (PAR) has also been completed. The pretreatment program was found to be in Compliance with permit NCO026573 and applicable pretreatment regulations. Please refer to the enclosed inspection report for additional observations and comments. The assistance provided by Kenny Fleming during the inspection was greatly appreciated. If you or your staff have any questions, please do not hesitate to contact me at 828-296-4500. Sincerely, Keith Haynes Environmental Sr. Specialist Enclosure cc: Kenneth R Fleming Central Files Asheville Files S:\SWP\Burke\Wastewater\Municipal\Morganton WWTP 26573\PClletter4.24.12.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 NorthCarolliina Internet:www.ncwaterguality.org NaturmlfV -�. `�:i� %�,., �" _..__ United States Environmental Protection Agency Form Approved. EPA /� Washington,D.C.20460 OMB No.2040-0057 G I�/`y Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I N I 2 15' 31 NCO026573 111 12I 12/04/24 117 181 p I 19101 20I I IJ �=t Remarks lJ t= 21111111IIIIIIIIIIIIIIIIIIIII111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67 I 169 70 U 71 Lj 72 U N) 73 I I 174 75I 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) Catawba River Pollution Control Facility 09:45 AM 12/04/24 11/04/01 1000 Vine Arden Rd Exit Time/Date Permit Expiration Date Morganton NC 28680 02:30 PM 12/04/24 15/02/28 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data !!/ Kenneth R Fleming/ORC/828-438-5376/ Name,Address of Responsible Official/Title/Phone and Fax Number Donald Danford,PO Box 3448 Morganton NC 286559850//828-438-5285! ContactedNo Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Pretreatment Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel '/.�,/' ARO WQ//828-296-4500/ Keith Haynes ARO WQH828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3 NC0026573 111 12, 12/04/24 117 18I ip Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Please see attached PCI form for details. Page# 2 NORTH CAROLINA DIVISION OF WATER QUALITY PRETREATMENT COMPLIANCE INSPECTION(PCI) REPORT :GROUND INFORMATION[Complete Prior To PCI• Review Program Info Database Sheet(s)] Control Authority(POTW)Name: Ci of Mor anton 2. Control Authority Representative(s): Kenny Fleming 3. Title(s): Pretreatment Coordinator 4. Last Inspection Date: 9/30/10 Inspection Type(Check One): ❑ PCI ® Audit 5. Has Program Completed All Requirements from the Previous Inspection and Program Info Sheet(s)? ® YES ❑NO 6. Is POTW under an Order That Includes Pretreatment Conditions? ❑ YES ®NO Order Type,Number, Parameters: Are Milestone Dates Being Met? ❑ YES ❑ NO PCS CODING Trans.Code Main Program Permit Number MM/DD/YY Inspec,Type Inspector Fac.Type J_NJ t. N I C 1 0 1 0 12 16 15 17 13 1 141241121 I P I S J L_1_J (DTIA) (TYPI) (INSP) (FACC) 7. Current Number Of Significant Industrial Users(SIUs)? 4 SIUS 8. Current Number Of Categorical Industrial Users(CIUs)? l I CIUS 9. Number of SIUs Not Inspected By POTW in the Last Calendar Year? 0 10.Number of SIUs Not Sampled By POTW in the Last Calendar Year? 0 11.Enter the Higher Number of 9 or 10 0 NOIN 12.Number of SIUs With No IUP,or With an Expired IUP 0 NOCM 13.Number of SIUs in SNC for Either Reporting or Limits Violations During Either of the Last 2 k;; Semi-Annual Periods(Total Number of SIUs in SNC) PSNC 14.Number of SIUs in SNC For Reporting DuringEither of the Last 2 Semi-Annual Periods MSNC 15.Number of SIUs In SNC For Limits Violations During Either of the Last 2.Semi-Annual Periods 1 SNPS 16.Number of SIUs In SNC For Both Reporting and Limits Violations During Either of the Last 2 0 Semi-annual Periods IL 11 POTW INTERVIEW 17. Since the Last PCI,has the POTW had any NPDES Limits Violations? ®YES ❑NO If Yes,What are the Parameters and How are these Problems Being Addressed? TSS and BOD 18. Since the Last PCI,has the POTW had any Problems Related to an Industrial ❑YES ® NO Discharge(Interference, Pass-Through,Blockage,Citizens' Complaints, Increased Sludge Production,Etc.)? If Yes,How are these Problems Being Addressed? 19. Which Industries have been in SNC for Limits or Reporting during SNC for Limits: Southern Devices either of the Last 2 Semi-Annual Periods?Not Been Published for SNC for Reporting:none Public Notice?(May refer to PAR if Excessive SIUs in SNC) Not Published: none 20. Which Industries are on Compliance Schedules or Orders?For all SIUs on an11 Order,Has a Signed Copy of the Order been sent to the Division? None 21. Are Any Permits Or Civil Penalties Currently Under Adjudication?If Yes,Which ❑YES ®NO Ones? LTMP/STMP FILE REVIEW: 22. Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ®YES ❑NO 23. Are Correct Detection Levels being used for all LTMP/STMP'Monitoring? ®YES ❑NO 4. Is LTMP/STMP Data Maintained in a Table or Equivalent? ®YES ❑NO Is Table Adequate? ® YES ❑NO -5. All LTMP/STMP effluent data reported on Discharge Monitoring Report? ®YES❑NO 26. If NO to 23-26,list violations 27. Should any Pollutants of Concern be Eliminated from or Added to LTMP/STMP? ❑YES ®NO If yes,which ones?Eliminated: Added: NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page I 28. PRETREATMENT PROGRAM ELEMENTS REVIEW- Please review POTW files,verify POTW has copy of Pros their files,complete with supporting documents and copy of PERCS A `roval Letter,and dates consistent with Program Info:`, Program Element Last Submittal Last Approval Date Next L. Date In file? Date In file If Applicable Headworks Analysis(HWA) 11/29/2010 ®Yes❑ No 3/30/11 ®Yes❑ No 11/30/13 �. Industrial Waste Survey IWS 3/2/07 ® Yes ❑ No 6/13/07 ®Yes❑ No 6/1/12 Sewer Use Ordinance SUO 12/4/07 ®Yes❑ No 4/4/08 ®Yes❑ No 12/31/12 Enforcement Response Plan(ERP) 515110 ® Yes❑ No 6/28/10 ® Yes❑ No Long Term Monitoring Plan(LTMP) 8/I1/05 ® Yes❑ No 8/12/05 ®Yes❑ No INDUSTRIAL USER PERMIT(IUP)FILE REVIEW(3 IUP FILE REVIEWS OR 1 FILE REVIEW AND 1 IU INSPECTION) 29. User Name Caterpillar 2. 1 3. 30. IUP Number 3098 F 31. Does File Contain Current Permit? ® Yes ❑ I [] Yes ❑ No 11 ❑—Yes —❑ 32. Permit Expiration Date 3131113 33. Categorical Standard Applied(I.E.40 CFR,Etc.)Or N/A - 433 - � 34. Does File Contain Permit Application Completed Within One Year Prior ®Yes ❑ No ❑ Yes ❑ No ❑Yes ❑ No to Permit Issue Date? 35. Does File Contain an Inspection Completed Within Last Calendar Year? F® Ye,, ❑ Yes ❑ No Yes ❑ No 36. a. Does the File Contain a Slug/Spill Control Plan? a. ®Yes❑No ]F a. ❑Yes❑No . a. ❑Yes❑No .b. If No, is One Needed? See Inspection Form from POTW) b. [:]Yes❑No b. ❑Yes❑No b. ❑Yes❑No 37. For 40 CFR 413 and 433 TTO Certification,Does File Contain a Toxic ®Yes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A Organic Management Plan(TOMP)? 38. a. Does File Contain Original Permit Review Letter from the Division? a. ®Yes[]No a. ❑Yes❑No a. ❑Yes[]No b.All Issues Resolved? b.❑Yes❑No®N/A b.❑Yes❑No❑N/A b.❑Yes❑No❑N/A 39. During the Most Recent Semi-Annual Period,Did the POTW Complete Yes ❑ No El Yes El No El Yes ❑ No its Sampling as Required by IUP, including flow? l 40. Does File Contain POTW Sampling Chain-Of-Custody Forms? IZ Yes ❑ No Yes ❑ No FMes ❑ No� 41. During the Most Recent Semi-Annual Period,Did the SIU`Complete its ®Yes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A Sampling as Required by IUP,including flow? 41b. During the Most Recent Semi-Annual Period,Did SIU submit all reports ®Yes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A on time? 42a. For categorical IUs with Combined Wastestream Formula(CWF),does ❑Yes❑NoI@ ❑Yes❑No❑N/A IF5-Yes[:]NoE]N/A file includeprocess/dilution flows as Required by IUP? 42b. For categorical IUs with Production based limits,does file include. ®Yes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A production rates and/or flows as Required by IUP? 43a. During the Most Recent Semi-Annual Period, Did the POTW'Identify ❑ Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No All Limits Non-Compliance from Both POTW and SIU Sampling? NA 43b. During the Most Recent Semi-Annual Period,Did the POTW Identify ❑Yes❑No®N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A All Re ortin Non-Compliance from SIU Sampling? 44. a.Was the POTW Notified by SIU(Within 24 Hours)of All Self- a.❑Yes❑No®N/A a.❑Yes❑No❑N/A a.❑Yes❑No❑N/A Monitoring Violations? b.Did Industry Resample and submit results to POTW Within 30 Days. b.❑Yes❑No®N/A b.❑Yes❑No❑N/A b.❑Yes❑No❑N/A c. If applicable,Did POTW resample within 30 days of becoming aware c.❑Yes❑No®N/A of SIU limit violations in the POTW's sampling of the SIU? c.❑Yes❑No❑N/A c.❑Yes❑No❑N/A 45. Duringthe Most Recent Semi-Annual Period,Was the SIU in SNC? El Yes ® No ❑Yes ❑ No ❑Yes ❑ No 46. During the Most Recent Semi-Annual Period,Was Enforcement Taken ❑Yes❑No®N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A as Specified in the POTW's ERP(NOVs,Penalties,timing,etc.)? 47. Does the File Contain Penalt y Assessment Notices? [IYesONo®N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A 48. Does The File Contain Proof Of Penalty Collection? ❑Yes❑No®N/A 11 ❑Yes❑No❑ ❑Yes❑No❑N/A 49. a.Does the File Contain Any Current Enforcement Orders? a.❑Yes❑No®N/A a.❑Yes❑No❑N/A a.❑Yes❑No❑MrA� b. Is SIU in Compliance with Order? b.❑Yes❑No®N/A b.❑Yes❑No❑N/A b.❑Yes❑No❑N/A 50. Did the POTW Representative Have Difficulty in Obtaining Any of This ❑ Yes ® No �L❑Yes ❑ No ❑ Yes ❑ No Requested Information For You? NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 2 N COMMENTS: Files were in excellent order as usual. INDUSTRY INSPECTION PCS CODING: Trans.Code Main,Program Permit Number MM/DD/YY Inspec.Type Inspector Fac,Type N� I N I C 10 10 12 16 15 17 13 1 L04 124v,1 12 L__' J 1 5 i L-2—j (DTIA) (TYPI) (INSP) (FACC) 1. Inspected: Industry Caterpillar 2.Industry Address: Ceramic Tile Drive 3.Type of Industry/Product: heav e uipment�arts 4.Industry Contact:—Jason Ta for Title: EHS Tech Phone: Fax: 5. Does the POTW Use the Division Model Inspection Form or Equivalent? [EYES ❑NO 6. Did the POTW Contact Conduct the Following Parts of the Industrial Inspection Thoroughly? Comments: A. Initial Interview ®YES ❑NO B. Plant Tour ®YES ❑NO C. Pretreatment Tour ®YES ❑NO D. Sampling Review ®YES ❑NO E. Exit Interview ®YES ❑NO Industrial Inspection Comments: Very good inspection. OVERALL SUMMARY AND COMMENTS: Comments: Well or anized program Requirements: None Recommendations: Continue with the good work on the DrOgram! NOD: ❑YES ®NO NOV: ❑YES ®NO QNCR: ❑YES ®NO POTW Rating: Satisfactory X Marginal UnSatisfactory I COMPLETED BY: Keith Ha n�es_ DATE: Auril 24,2012 NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 3 A7VA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild., PE Dee Freeman Governor Director Secretary May 23, 2012 CERTIFIED MAIL RETURN RECIEPT REQUESTED 7010 1870 0003 0875 4166 William Hughes, Mayor Town of Murphy PO Box 130 Murphy, NC 28906 Subject: Department of Environment and Natural Resources and Environmental Management Commission vs. Town of Murphy Special Order by Consent WQ S11-001 Ad II Stipulated Penalties SP-2012-0003 SP-2012-0004 and SP-2012-0005 NPDES Permit Number NCO020940 Murphy WWTP Cherokee County Dear Mayor Hughes: The Town of Murphy entered into a Special Order by Consent (SOC)WQ S11-001 with the North Carolina Environmental Management Commission whereby operation of the Town of Murphy Wastewater Treatment Plant (WWTP) has been placed under interim effluent limitations and an enforceable schedule while the existing WWTP is being upgraded. Under Section 2 of the SOC, the Town of Murphy was required to comply with the interim effluent limitations therein. The WWTP failed to comply with the interim effluent limitations for fecal coliform and total suspended solids as described in the Attachment A documents for the months of October, November and December 2011. After careful review of this matter, including your correspondence dated April 9, 2012, sufficient justification to waive all of the stipulated penalties was not in evidence. Therefore, pursuant to Section 3 of the Special Order by Consent, a stipulated penalty in the amount of $1000.00 is now due for each violation, as noted in the attachments, for a total of$7000.00. Payment by certified check payable to the Department of Environment and Natural Resources must be submitted to the Department at the address given below within thirty (30) days from receipt of this demand: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 �TOne Phone: 828-296-4500/FAX: 828-299-7043/Internet: www.ncwaterquality.org 1V orthC/ayrroli111a An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Town of Murphy May 23,2010 Page 2 of 2 You are reminded that payment of said penalties mentioned in this letter will not foreclose further penalties for any future or continuing violations, failure to meet deadline dates or interim effluent violations. If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must file your original petition with the: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919)733-2698 Facsimile (919)733-3478 and mail or hand deliver a copy of the petition to: General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 If you have any questions concerning this notification please contact Mr. Keith Haynes of this Office at (828) 296-4660. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DENR General Counsel NPDES Unit ARO S:\SWP\Cherokee\Wastewater\Municipal\Murphy WWTP 20940\SP-2012-0003,0004,0005.doc I� x IL r 10 � 8 8 W W x d w w W w Z 2 N N N N O W N N W g o a' < a' Q _ > 0 Y Y Y M Q T 0 c O N Z � O co co W LL, : rn M O.J a' eN- O co e C F"W M M l0 M N n O O N O U> N J Q C,7 GI 1- O L coo rn a�i o�i n `O J d t U aa� OFy E E cmE m Dw O LO 0 0 Q = N V z Z N W 7 d a) a) CD a)7 � IL lJ 3 3 3 3 3 = r- X x x X x F� U 0 & LL M M M M M Q C W z O Ow Q = aQ lZ •0r�� O O O O O Q U a W LU c c c c t O U U U U Q ` U to f4 (4 to O a LL F F F z Q OU w w w w w LL J LL o 0 0 0 0 0 O a O rn ZF _ N y 00 0 0 0 0 0 OC �a N N N N N V O ZLU O O O O O Z R O H 0 g CD0 0 0 z a o 0 0 d J W p• u, es in ifa - x ) LU LU a z ) \ * . 2 \ E ID j « { f B > \ ) � )\ Cli ) . � ) k § & � � S U.§ 2 _ z H § ` . u < £ \ � � . z % w I \ \ CL � U.U. \ \ « § c w z . co < k j §k ) . ) . � . . . a � § � - @ . LLI0 3 m § \ CO \ k $ ( § LU ] «�U. o 0 0 / z� . / \ ZM - Z 0 E I ( § « ( §w 7 ^z IL w # \ . « . : y . W0. ul y z N 0 0 •� a a � z 0 w > d' o J of 0 c W J cD Q C J� U O -� G1 t. V W LLIx H FOy E Q o Oa C� r� 0 0 0 z Q' N w Y W 3 ui a o �_._.., V O LL rxi Q 3 m z O r w 00 U) j U Lu a U uj G U C. 7 d H z o � a U � ¢ OJ W LL J as ~,L o O o 1* 0 z F- Fix o V O00 CD a ZWa. a z 0 a O r  o O `... ... d E W o J a .\ �l _.� Q 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 23,2012 Mr. William G. Lapsley William G. Lapsley&Associates, P.A. Boulevard, Suite 320' One Town Square` Asheville,North Carolina 28803 Subject: Fast-Track Application Return Goacher Sewer Line Extension Cane Creek Water& Sewer District of Henderson County Dear Mr. Lapsley: Enclosed herewith is the Fast-Track Sewer Application which you submitted seeking a permit to construct and install a sewer line extension to serve the Goacher project. The application is being returned for the following reason(s): (1) NO FTSE 10/07 form was submitted with the application. Please note part E of the application which states ... 'FORM FTSE 10/07(Flow Tracking/Acceptance for Sewer Extension Permit Applications) is required with every application...Two copies of the form from the owner of the downstream sewer and owner of the WWTP, if different. `Your application indicates MSD of Buncombe County is owner of the WWTF,therefore an FTSE farm from MSD is required, everi'With `zero' flow. I look forward to receiving a completed application. Should you have questions or need additional information, please contact me at 828/296-4500. Sincerely, Keith Haynes Environmental Senior Specialist Enclosure Cc: Marcus Jones, County Engineer-CCWS'D of Henderson County Mike Butler, MSD of Buncombe County SASWMenderson\Collection Systems\Henderson County Utilities-Cane Creek Sewer District\Application-Retum\Goacher Sewer Line Extension doc SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NO1rt11CZr011lla Phone:: wvvw,ncwat 1 FAX:828-299-7043 Naturally Internet: www.ncwaterquality.o�g ` ` j,� An Equal Opportunity 1 Affirmative I c.tion Employer i ��\ 1 �', ` ._. A4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 23, 2012 Lemuel and Sandra Oates 3737 Howard Gap Rd. Hendersonville,N.C. 28792 Subject: Request for More Information 401 Water Quality Certification Lemuel & Sandra Oates Bank Stabilization DWQ Project# 12-0360 Rutherford County Response deadline: June 15th 2012. Dear Mr. or Ms. Oates: 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. Please provide pictures of the shore line bank indicated to be in need of repair. 2. Riprap placement will be required as described in the US Army Corps of Engineers General (Regional) Permit 198200030: Placement of riprap should be limited to only that which is necessary to protect existing/new bulkheads. In general, riprap will be placed at the base of all bulkheads and will extend a maxium of three (3) feet waterward on a 2:1 slope. However, in case of steep slopes, a maxium of six (6) feet waterward on a 2:1 slope is authorized provided it complies with the applicable shoreline management'program. All other fill material will be confined landward of bulkheads. Your plan does not indicate percent slope of the banks to be corrected, please plan your project accordingly. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-450M FAX:828-299-7043 Qtle Internet:www.ncwaterquality.org Nort-h-Carolina An Equal Opportunity\Affirmative Action Employer ;Vatumlly Lemuel and Sandra Oates May 23,2012 Page 2 of 2 3. Please explain and provide a brief narrative for the following items: How do you minimize and avoid any surface water impacts during this project, such as turbidity, sedim., the Lake, etc. Provide a timeline that includes a start date for your project, timing of the L Level withdrawal if applicable, and construction sequence. Provide a construction detail of hog,, the field stone will be placed. Note that hydraulic cements and concrete are not allowed to be in contact with water and a typical design practice is to use filter fabric behind the wall placement to prevent erosion. Please provide your response in writing to the addresses below by June 15th. Four copies of the required information should be provided to the Wetlands, Buffers, Stormwater Compliance and Permitting Unit at: Mr. Ian McMillan WeBSCaPe Unit 1650 Mail Service Center Raleigh,NC 27699-1650 and a single copy to the Asheville Regional Office at: Tim Fox 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 j we will consider the project withdrawn. This letter only addresses the preliminary application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized(at this time)by the DWQ. Please call Tim Fox 828-296-4664, if you have any questions. Sincerely, z Chuck Cranford, Regional Supervisor Surface Water Protection Asheville Regional Office cc: Liz Hair-US Army Corps of Engineers Asheville Field Office David McHenry-North Carolina Wildlife Resources Commission Karen Higgins - WeBSCaPe Unit County Planning ARO File copy S:\SWP\Rutherford\401s\Non-DOT\Lemuel&Sandra Oates\Addlnfo.401 Oates.05-23-12.doc �.f Ail'ifA rC ENR North Carolina Department of Environment and Natural Resources Division of Water Quality .verly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 24, 2012 Robert Baber 5057 Lighthouse Ct. Morganton,NC 28655 Subject: 401 Water Quality Certification-Approval Robert Baber Lot 93 DWQ Project# 12-0418 Burke County CTB /Lake James/ 11-(23)/WS-V Dear Mr. Baber: 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 0.006 acres of open waters (100 linear feet) for the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General 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. No buffer impacts are approved. 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 Phone:828-296-450M FAX:828-299-7043 One One Cc`1T OIlI1a Internet:www.ncwaterquality.org Naturally An Equal Opportunity 1 Affirmative Action Employer Robert Baber May 24,2012 Page 2 of 2 Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions 6. this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters below lake 0.004 (acres) Application#7 level Waters above lake 0.002 (acres) Application 48.a. level 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, Charles Wakild, P.E., Director C W/lsw Enc: GC3898 Certificate of Completion cc: USACE Asheville Regulatory Field Office WeBSCaPe Unit—Central Office Burke County Planning-Pete Minter Duke Energy-Wade Harmon File Copy S:\SWP\Burke\401s\Non-DOT\Baber,Robert lot 93\Approval.robertBaber.May 2012.doe NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P.E. Beverly Eaves Perdue Director Dee Freeman Governor Secretary May 24, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 4197 Richard C. Buchanan 1572 Seed Tick Road Clayton, Georgia 30525 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT 94 Swiss Village Road NOV-2012-PC-0187 Failure to Secure 401 Removal of Best Usage Macon County Response deadline: June 13, 2012 Dear Mr. Buchanan: On May 22, 2012,Kevin Barnett from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection for your property located at 94 Swiss Village Road in Macon County. Matt Mason of the Macon County Planning Office was present. Stream Standard and failure to secure a 401 WQC violations were noted during the inspection and file review. Unauthorized fill impacts and excavation impacts to Commissioner Creek, and an un- named tributary to Commissioner Creek, Class C; Tr, were documented. As a result of the site inspection and file review,the following violations were identified: VIOLATIONS I. Removal of Best Usage- 15A NCAC 02B.0211 (2)—Approximately 300 feet of Commissioner Creek, Class C; Tr, and approximately 200 feet of an unnamed tributary to Commissioner Creek, was impacted by relocated stream channel, fill, and 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 One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone: 296�5001 FAX:828-299 7043 �atural�� Internet:: www.ncwaterquality.org An Equal Opportunity i Affirmative Action Employer Robert C.Buchanan 05/24/2012 Page 2 of 3 noted in item I above. Such an application is required pursuant to Section 404 of the Clean Water Act and Part 15A of North Carolina Administrative Code 2H .0500. \ REQUIRED RESPONSE The DWQ requests that you respond by June 13,2012. Your response should be sent to the attention of Kevin Barnett, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and should address the following items: 1. Removal of Best Usage—15A NCAC 02B.0211 (2) and 401 Water Quality Certification a. Please explain why these impacts occurred without prior authorization. b. Please provide a map of the project area. The map must include all streams and wetlands on-site, detailing all impacts (i.e., culverts and/or fill). Two (2) options exist to resolve the violations related to the 401 Water Quality Certification: 1. Apply to the U.S. Army Corps of Engineers for and receive a 404 Permit pertaining to the culvert installation 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. ,nanan ,3 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. Refer to the attached Stream Restoration Plan Guidance. It is recommended that your consultant contact Kevin Barnett 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 Kevin Barnett. It should be noted that some of the work performed is on an adjacent parcel of land. Permission from the property must be obtained prior to entering that property. 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, ^ ,- ., �r Chuck Cranford, Regional Supervisor Surface Water Protection Asheville Regional Office Eric: Stream Restoration Plan Guidance cc: William Elliot, US Army Corps of Engineers David McHenry,NC Wildlife Resources Commission NPS Assistance and Compliance Oversight Unit ARO File Copy Laura Herbert, Division of Land Resources Matt Mason, Macon County Planner S AS WPNacon\Complaintsaichard Buchannan\NOV2012PC0187.Buchanan.doc ��J y; Al AAM NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Governor Director Dee Freeman Secretary May 24, 2012 J. C. Jacobs, Owner The Meadows 234 Brookwood Drive Franklin, NC 28734 Subject: Permit No. WQ0035970 J. C. Jacobs The Meadows Sanitary Sewer Improvements Wastewater Collection System Extension Macon County Dear Mr. Jacobs: In accordance with your application received May 17 2012, we are forwarding herewith Permit No. WQ0035970, dated May 24, 2012, to J. C. Jacobs 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 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting Of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143- 215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One Phone:(828)296-4500 FAX:828 2997043 NorthCarolliina Internet:mm.nmaterqUal ity ore J.C. Jacobs May 24, 2012 Pa. In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as� amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the J. C. Jacobs for the construction and operation of approximately 300 linear feet of 6-inch gravity sewer; to serve (16-bedrooms in two apartment buildings) as part of the Meadows Sanitary Sewer Improvements project, and the discharge of 1,920 gallons per day of collected domestic wastewater into the Town of Franklin's existing sewerage system, pursuant to the application received May 17, 2012 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit; The sewage and wastewater collected by this system shall be treated in the Town of Franklin Wastewater Treatment Facility (Permit No. NC0021547) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Keith Haynes at (828) 296-4500. Sincerely, fa11117 3 for'Charles Wakild, P.E., Director Division of Water Quality cc: Macon County Health Department Asheville Regional Office, Surface Water Protection (WWTF Permit NC0021547) Stillwell Engineering Town of Franklin Water Quality Central Files PERCS Files i� 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 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 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 or the surface water standards 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 WQ0035970 JC Jacobs, Meadows Sanitary Sewer Improvements Macon County. May 24, 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. Per 15A NCAC 2T.0116, upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. B. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0300; 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: 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 2 rERMIT NO W00035970. JC Jacobs Meadows Sanitary Sewer Improvements Macon County. May 24 2012 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 Twenty-fourth of May, 2012 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Charles VUkild, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0035970 3 PERMIT NO WQ0035970 JC Jacobs Meadows Sanitary Sewer Improvements Macon County. May 24, 21 ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: 300 linear feet of 6-inch gravity sewer; to serve(16-bedrooms in two apartment buildings) as part of the Meadows Sanitary Sewer Improvements project, and the discharge of 1,920 gallons per day of collected domestic wastewater Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s)or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final 1, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑weekly, ❑full time)the construction of the Meadows Sanitary Sewer Improvements 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 .0300; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: .................................................................................................. SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS CHUCK CRANFORD SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 .............................................................................................. The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 29, 2012 Deborah Harrell, President Days Inn of Candler, Inc. 2551 Smokey Park Hwy Candler,NC 28715 Subject: NOTICE OF DEFICIENCY NOD-2012-MV-0018 Days Inn of Candler, Inc. NCO025933 Buncombe County Dear Ms. Harrell: A review of the March 2012 Discharge Monitoring Report(DMR)revealed a violation of the following parameter(s): Parameter Date IMeasuring Fre uenc Violation Chlorine—Total Residual 03/03/12 1 2 X week I Failed to monitor Thank you for your attention to this matter. Remedial actions should be taken to correct the cause(s) of this violation. Unresolved violations may lead to the issuance of a Notice of Violation and/or assessments of civil penalties. If you have any questions or require any additional information,please contact Keith Haynes at 828-296-4660 or at keith.haynes@ncdenr.gov. Sincerely, f-f 7 p j' i Chuck Crknford, Regionalsupervisor Surface Water Protection Section cc: File Copy DWQ Central Files SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE 2090 U.S.Highway 70, Swannanoa, North Carolina 28778 Phone:828-296-4500\Fax:828-299-7043 Internet:http://portal,ncdenr.org/webtwg A �_�� �,; __ --- __ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 29, 2012 Robert Cagle, Mayor Town of Robbinsville PO Box 126 Robbinsville, NC 28771 SUBJECT: Compliance Evaluation Inspection Robbinsville WWTP Permit No: NCO025879 Graham County Dear Mayor Cagle: Enclosed please find a copy of the Compliance Evaluation Inspection Report from the inspection which Linda Wiggs and I conducted on April 19, 2012. The facility was found to be in Compliance with permit NC0025879. Please refer to the enclosed inspection report for additional observations and comments. If you should have any questions, please do not hesitate to contact me at 828-296-4500. Sin , Keith aynes Environmental Sr. Specialist .............. ... ....... Enclosure cc: Michael J. Ladd, ORC Central Files Asheville Files S:\SWP\Graham\Wastewater\Municipal\Robbinsville WWTP 25879\CEI4.19.12letter.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 NOI thCarollina Internet:www.ncwatergua!ity orq �1 ��� / -_ United States Environmental Protection Agency EPA Washington,D.C.20460 Form Approved, OMB No.2040-0057 Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 '-�I I 31 NCO025879 111 12I 12/04/19 117 181 r I qgI c I 20I�LJ Remarks J J 21I�1 J I I I I I I I II I I I I I I I I I I I II I I I I I I I I I I I I I I I I I 1 1 16 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 CA -------------—------------Reserved----------------------67 69 70 U 71 U 72'N' 73I I__L__I)74 751 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 POTW name and NPDES permit Number) Permit Effective Date Robbinsville WWTP 10:30 AM 12/04/19 12/01/01 US Hwy 129 Exit Time/Date Permit Expiration Date Robbinsville NC 28771 11:45 AM 12/04/19 12/11/30 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number s Other Facility Data Michael J.Ladd/ORC/828-479-6428/ Name,Address of Responsible Official/Title/Phone and Fax Number Robert Cagle,PO Box 126 Robbinsville NC 28771//828-479-3250/8284799272 Contacted No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit N Flow Measurement 0 Operations&Maintenance N Records/Reports Facility Site Review N Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Linda S Wiggs � ARO WQH828-296-4500 Ext.4653/ Keith Haynes ARO WQH828-296-4500/ !/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3I NC0025879 111 12, 12/04/19 117 181 Ci Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Even though a new WWTP is in the works, the Town needs to make sure that adequate maintenance support is provided for the current plant. Page# 2 Permit: NC0025879 Owner-Facility: Robbinsville WWTP Inspection Date: 04/19/2012 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ ❑ ❑ Is all required information readily available,complete and current? N ❑ ❑ ❑ Are all records maintained for 3 years(lab. reg. required 5 years)? ■ ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? ❑ ❑ ❑ ■ Is the chain-of-custody complete? ❑ ❑ ❑ ■ Dates,times and location of sampling ❑ Name of individual performing the sampling ❑ Results of analysis and calibration ❑ Dates of analysis ❑ Name of person performing analyses ❑ Transported COCs ❑ Are DMRs complete:do they include all permit parameters? ❑ 11130 Has the facility submitted its annual compliance report to users and DWQ? ■ 11110 (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? ❑ ❑ ■ ❑ Is the ORC visitation log available and current? ■ ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ■ 0110 Is a copy of the current NPDES permit available on site? ■ ❑ ❑ Cl Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ❑ ■ Comment: Need to make sure that current permit is available. Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n ❑ ❑ Does the facility analyze process control parameters,for ex:MLSS, MCRT,Settleable Solids,pH, DO,Sludge ■ ❑ ❑ ❑ Judge,and other that are applicable? Comment: Process control as needed. There are still some floating plastics in areas of the plant. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ■ ❑ ❑ Is the facility as described in the permit? 001111 #Are there any special conditions for the permit? ❑ ❑ ■ ❑ Page# 3 Permit: NCO025879 Owner•Facility: Robbinsville WWTP Inspection Date: 04/19/2012 inspection Type: Compliance Evaluation Permit Yes No NA NE Is access to the plant site restricted to the general public? 0 Q Q Is the inspector granted access to all areas for inspection? ❑ n ❑ Comment: Application was being prepared at time of inspection. Old permit description of plant not accurate. Pump Station-Influent Yes No NA NE Is the pump wet well free of bypass lines or structures? 0000 Is the wet well free of excessive grease? ❑ Q Q Are all pumps present? Q 0 ❑ Are all pumps operable? Q Q ❑ Are float controls operable? ❑ 0 O Is SCADA telemetry available and operational? 00 E Q Is audible and visual alarm available and operational? ❑ M ❑ Q Comment: Audible alarms operational, but visual did not work. Bulb will be replaced. Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical ❑ Are the bars adequately screening debris? ❑ 0 0 Is the screen free of excessive debris? 0 0 Q Q Is disposal of screening in compliance? 0 ❑ 0 ❑ Is the unit in good condition? E n ❑ O Comment: Screen is not"catching" all plastics. Aeration Basins Yes-No—NA -NE- Ext.Air Mode of operation Diffused Type of aeration system Is the basin free of dead spots? Q ❑ Q Are surface aerators and mixers operational? 11 Q 00 Are the diffusers operational? Q 0 0 0 Is the foam the proper color for the treatment process? SO ❑ Does the foam cover less than 25%of the basin's surface? E Q ❑ ❑ Page# 4 Permit: NCO025879 Owner-Facility: Robbinsville WWTP Inspection Date: 04/19/2012 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Is the DO level acceptable? 0 Q I] Is the DO level acceptable?(1.0 to 3.0 mg/1) 0 0 0 D Comment: four diffusers are not used as their operation causes some return sludge problems. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? 0 ❑ 0 Is the site free of excessive buildup of solids in center well of circular clarifier? ■ ❑ ❑ Q Are weirs level? N ❑ 13 (J' Is the site free of weir blockage? 0 0 Q ❑ Is the site free of evidence of short-circuiting? E n Q Q Is scum removal adequate? ❑ 0 Q 0 Is the site free of excessive floating sludge? 0 ❑ Q Q Is the drive unit operational? N Q Q Q Is the return rate acceptable(low turbulence)? N Q Is the overflow clear of excessive solids/pin floc? ❑ Q Q Is the sludge blanket level acceptable?(Approximately%4 of the sidewall depth) ❑ n ❑ ■ Comment: The drive unit operates, but the arm is below the surface. Return is trubulent if all diffusers are operated. Sludge blanket is not measured, but plant is pumped every other month for adequate control of solids. Disinfection -UV Yes No NA NE Are extra UV bulbs available on site? 0 Q Are UV bulbs clean? 00 Q Is UV intensity adequate? ❑ Is transmittance at or above designed level? Q ❑ ❑ Is there a backup system on site? 11 N n Is effluent clear and free of solids? Q Q Q Comment: Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? 011 0 Is flow meter calibrated annually? ❑ n ❑ r Page# 5 Permit: NC0025879 Owner-Facility: Robbinsville WWTP Inspection Date: 04/19/2012 Inspection Type: Compliance Evaluation Flow Measurement-Effluent Yes No NA NE Is the flow meter operational? Q M D 1 (If units are separated)Does the chart recorder match the flow meter? ■ Comment: Needs new cable for connection to new composite sampler which at the time of this visit had only been in use a week or so. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? 11 0 0 Are the receiving water free of foam other than trace amounts and other debris? ❑ O 0 If effluent (diffuser pipes are required) are they operating properly? 0000 Comment: No visible adverse impacts were noted in the receiving stream. Page# 6 NCDENR North Carolina Department of Environment and Natural Resources ,everly Eaves Perdue Division of water Quality Governor Charles Wakild,P.E. Dee Freeman Director Secretary May 30,2012 MEMORANDUM TO: Josh Deyton,Division 14 Bridge Manager,NCDOT FROM: Michael R.Parker,NCDWQ,Asheville Regional Office flo, SUBJECT: Division 14 2012 Bridge Replacement Program Scoping Review Comments In reply to your request,the NCDWQ offers the following comments for the projects listed below: Project Specific Comments 430175 Bridge No. 175 over Big Creek,NCSR 1332,Haywood County 430174 Bridge No. 174 over Big Creek,NCSR 1332,Haywood County 1. Big Creek is classified as C-trout HQW waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 3. Review of the project reveals the presence of surface waters classified as C-trout-High Quality Waters of the State in the project study area. This is one of the highest classifications for water quality. Pursuant to 15A NCAC 2H.1006 and 15A NCAC 2B .0224,NCDOT will be required to obtain a State Stormwater Permit prior to construction except in North Carolina's twenty coastal counties. 430144 Bridge No. 144 over Dutch Cove Creek,NCSR 1836 �Haywood County 1. Dutch Cove Creek is class C waters. 2. NCDWQ has no specific comments for this project. 490129 Bridge No. 129 over Scott Creek,NCSR 1445,Jackson County 1. Scott Creek is classified C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. SURFACE WATER PROTECTION SECTION-Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778-8211 One Phone:828-296-45001 FAX:828-299-7043 Nor thCa rohna Customer Service:1erg7-6ty.org 8 Internet:www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing' trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 490102 Bridge No.102 over Moses Creek,NCSR 1740,Jackson County 1. Moses Creek is classified as WS-III-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 370011 Bridge No. 11 over Longs Creek,NC 143 Business,Graham County 1. Longs Creek is classified as C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds"[15A NCAC 04B .0124]throughout design and construction of the project. 370012 Bridge No. 12 over Atoah Creek,NC 143 Business,Graham County 1. Atoah Creek is classified as C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards_in Sensitive Watersheds" [15A NCAC 04B.0124]throughout design and construction of the project. 190163,Bridge No. 163 over Bates Creek,NCSR 1348,Cherokee County 1. Bates Creek is class C waters. 2. NCDWQ has no specific comments for this project. 210086 Bridge No.86 over Hyatt Mill Creek,NCSR 1140,Clay County 210087 Bridge No.87 over Hyatt Mill Creek,NCSR 1140,Clay County 1. Hyatt Mill Creek is class C waters. 2. NCDWQ has no specific comments for this project. -% (2) 210101 Bridge No. 101 over Shooting Creek,NCSR 1353,Clay County 1. Shooting Creek is classified C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducin trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. mg additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds"[15A NCAC 04B.0124) throughout design and construction of the project. 550343 Bridge No.343 over Alison Creek,NCSR 1448,Macon County 1. Alison Creek is classified C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Coii 2. Should NC Wildlife Resources Commission(NCWIZC)i mmsson. dentify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds"[15A NCAC 04B .0124]throughout design and construction of the project. 550064 Bridge No.64 over Watauga Creek,NCSR 1328,Macon County I. Watauga Creek is classified C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In additions,NCDWQ will require that NCDOT strictly adhere to"Design Standards in Sensitive Watersheds" North Carolina regulations entitled construction of the project. [15A NCAC 04B .0124]throughout design and 870064 Bridge No.64 over North Fork Flat Creek,NCSR 1313,Transylvania Count y 1. The North_ForkFlat Creek is classified C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters: In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds"[15A NCAC 04B .0124]throughout design and construction of the project. (3) 870205 Bridge No.205 over Little Creek,NCSR 1143,Transylvania County 1. Little Creek is classified C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NC)vVRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 870138 Bridge No. 138 over Toxaway Creek,NCSR 1143,Transylvania County I. Toxaway Creek is classified as C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 870117 Bridge No. 117 over East Fork French Broad River,NCSR 1105,Transylvania County 870086 Bridge No.86 over East Fork French Broad River,NCSR 1107,Transylvania County 1. The East Fork French Broad River is class B-trout-HQW waters of the State. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B.0124]throughout design and construction of the project. 3. Review of the project reveals the presence of surface waters classified as C-trout-High Quality Waters - of-the State inthe project study area.-This is one of the highest classifications for water quality. Pursuant to 15A NCAC 2H.1006 and 15A NCAC 2B .0224,NCDOT will be required to obtain a State Stormwater Permit prior to construction except in North Carolina's twenty coastal counties. 870045 Bridge No.45 over French Broad River,NCSR 1127,Transylvania County 1. The French Broad River is classified B-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. (4) 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required td observe the NCWRC recommended moratoria for trout. In additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 440135 Bridge No. 135 over Shaw Creek,NCSR 1215,Henderson County 1. Shaw Creek is classified as WS-fV waters. 2. NCDWQ has no specific comments on this bridge project. 440147 Bridge No.147 over Mills River,NCSR 1353,Henderson County I. Mills River is classified as WS-III waters. 2. NCDWQ has no specific comments for this project. 440077 Bridge No.77 over Mud Creek,NCSR 1136,Henderson County i. Mud Creek is classified as C waters. 2. NCDWQ has no specific comments for this project. 3. All portions of the proposed project draining to 303(d)listed watersheds that are impaired due to biological criteria exceedances shall not discharge stormwater directly to surface waters. Stormwater shall be treated using appropriate best management practices(e.g.vegetated conveyances, constructed wetlands,detention ponds, etc.)prior to discharging to surface waters. 440073 Bridge No.73 over Greer Creek,NCSR 1125,Henderson County 1. Greer Creek is classified as B waters. 2. NCDWQ has no specific comments for this project. 740189 Bridge No. 189 over an unnamed tributary to the Green River,NCSR 1151,Polk County 1. The unnamed tributary to the Green River is classified as C waters. 2. NCDWQ has no specific comments for this project. 740049 Bridge No.49 over Whiteoak Creek,NCSR 1531,Polk County 1. The Whiteoak Creek is classified as C waters. 2. NCDWQ has no specific comments for this project. 74002fBridge No.21 over the North Pacolet River, 1501,Polk County 1. The North Pacolet River is classified as C waters. 2. NCDWQ has no specific comments for this project. General Comments Regarding Bridge Replacement Proiects 1. NCDWQ is very concerned with sediment and erosion impacts that could result from these projects. NCDOT shall address these concerns by describing the potential impacts that may occur to the aquatic environments and any mitigating factors that would reduce the impacts. (5) 2. If foundation test borings are necessary; it shall be noted in the document Geotechnical work is approved under General 401 Certification Number 3687/Nationwide Permit No. 6 for Survey Activities. 3. Any Bridge considered a Low Impact Bridge Project must fall under Nationwide Permit No. 3 to qualify for Low Impact;otherwise, standard permitting procedures will be required.Example (Regional General Permit No. 31,Nationwide Permit No.23,Nationwide Permit No. 13,etc.) 4. Whenever possible,NCDWQ prefers spanning structures. Spanning structures usually do not require work within the stream or grubbing of the stream banks and do not require stream channel realignment. The horizontal and vertical clearances provided by bridges shall allow for human and wildlife passage beneath the structure. Fish passage and navigation by canoeists and boaters shall not be blocked. Bridge supports (bents)should not be placed in the stream when possible. 5. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means(grassed swales,pre-formed scour holes, vegetated buffers,etc.)before entering the stream. Please refer to the most current version of NCDWQ's Stormwater Best Management Practices. 6. Strict adherence to the most recent version of.NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 7. Bridge piles and bents shall be constructed using driven piles(hammer or vibratory)or drilled shaft construction methods.More specifically,jetting or other methods of pile driving are prohibited without prior written approval from NCDWQ first. 8. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This water shall be captured,treated,and disposed of properly. 9. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in this certification. 10. All bridge construction shall be performed from the existing bridge,temporary work bridges, temporary causeways,or floating or sunken barges. If work conditions require barges,they shall be floated into position and then sunk. The barges shall not be sunk and then dragged into position.Under no circumstances should barges be dragged along the bottom of the surface water. 11. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags,rock berms,cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 12. 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. 13. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. This equipment shall be inspected daily and maintained to prevent contamination of surface waters from leaking fuels, lubricants,hydraulic fluids,or other toxic materials. _ (6) 14. If temporary access roads or detours are constructed, the site shall be graded to its preconstruction contours and elevations. Disturbed areas shall be seeded or mulched to stabilize the soil and appropriate native woody species shall be planted. When using temporary structures the area shall be cleared but not grubbed. Clearing the area with chain saws, mowers, bush-hogs, or other mechanized equipment and leaving the stumps and root mat intact allows the area to re-vegetate naturally and minimizes soil disturbance. 15. Sediment and erosion control measures sufficient to protect water resources must be implemented and maintained in accordance with the most recent version of North Carolina Sediment and Erosion Control Planning and Design Manual and the most recent version of NCS000250. 16. In most cases, the NCDWQ prefers the replacement of the existing structure at the same location with road closure. If road closure is not feasible, a temporary detour shall be designed and located to avoid wetland impacts, minimize the need for clearing and to avoid destabilizing stream banks. If the structure will be on a new alignment, the old structure shall be removed and the approach fills removed from the 100-year floodplain. Approach fills shall be removed and restored to the natural ground elevation. The area shall be stabilized with grass and planted with native tree species. Tall fescue shall not be used in riparian areas. Thank you for the opportunity to provide comments at this time. NCDOT is reminded that issuance of a 401 Water Quality Certification requires that appropriate measures be instituted to ensure that water quality standards are met and designated uses are not degraded or lost. If you have any questions or require additional information, please contact Mike Parker at 828-296-4500. cc: Lori Beckwith,USACE,Asheville Field Office Mark Davis,NCDOT,Division 14 Environmental Officer Marla Chambers,NCWRC Dave McHenry,NCWRC Transportation Permitting Unit NCOT 2012 Bridge Replacement Program Scoping Comments Division 14 (7) r;'�"► 11C&DENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 30, 2012 Kevin Moore 22 Schofield Rd. Phoenixville,PA 19640 Subject: 401 Water Quality Certification -Approval Kevin Moore, Lot 216 DWQ Project# 12-0369 Burke County CTB /Lake Rhodhiss/ l l-(37) WS-IV, B*; CA Dear Mr. Moore: The Division of Water Quality has completed the review of your 401 Water Quality Certification application ssociated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 0.033 acres of open waters (250 linear feet) for the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898, This Certification allows you to use Regional General 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. No buffer impacts are approved. 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 Phone:828-296-45001 FAX:828-299-7043 One Internet:www.ncwaterquality.org NorthCarolina An Equal Opportunity 1 Affirmative Action Employer Natu&4 Kevin Moore May 30,2012 Page 2 of 2 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 below lake 0.011 (acres) Application#7 level 500 sq. ft. Waters above lake 0.022 (acres) Application#8.a. level 1,000 sq.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 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. 1 Sincerely, ,ZR ;=' Charles Wakild, P.E., Director C W/1sw Enc: GC3898 Certificate of Completion cc: USACE Asheville Regulatory Field Office WeBSCaPe Unit—Central Office File Copy Burke County Planning-Pete Minter(e-copy) Duke Energy-Wade Harmon(e-copy) Professional Permits-Robin Maher w/attachments 185 Maher Drive Taylorsville,NC 28681 SASWP\l3urke\40ls\Non-D0T\Moore kevin-lake rhodhiss lot 216\Approval.kevinMoore.May 2012.doc ;T"► MrfA O��Il� North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Governor Dee Freeman Director Secretary May 31, 2012 Buncombe County National Park Service Blue Ridge Parkway Project BLRI 2N21 DWQ Project 20120405 Approval of 401 Water Quality Certification with Additional Conditions Mr.Kevin Rose U. S. Department of Transportation Federal Highway Administration 21400 Ridgetop Circle Sterling, Virginia,20166 Dear Mr.Rose: You have our approval, in accordance with the conditions listed below, for the following impacts in Stony Fork Creek,for the purpose of repairing at slide on the Blue Ridge Parkway at MP 358.5 in Buncombe County: Stream Im acts in the French Broad River Basin Site Permanent Fill Bank Permanent Temporary Total Stream Fin Intermittent Stabilization Fill in Impacts in Stream Impacts Stream (linear in Perennial Perennial Perennial Impact Requiring ft) Stream Stream Stream (linear ft) Mitigation (linear ft) (linear ft) linear ft) (linear ft) S1 to S2 0 0 350 0 350 0 S2 0 0 36 0 36 0 Total 0 0 386 0 386 0 Total Permanent Stream Impacts for Project: 3861in.ft. The project should be constructed in accordance with your application dated April 18, 2012(received April 23, 2012) and additional information dated and received May 18, 2012, irwAuding the environmental commitments made in the application letter. After reviewing your application, we have decided-that these impacts are covered by General Water Quality Certification No, 3883, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 3. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to)Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296450M FAX:828-299-7043 Internet: www.ncwaterquality.org NorthCarohna An Equal Opportunity 1 Affirmative Action Employer a'I�����//� Mr.Kevin Rose May 31,2012 Page Two This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre, or if total impacts to streams(now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s) of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. 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 b such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The deices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including c,')ntractor-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 Federal Highway Administration is authorized to pipe 350 linear feet of stream. The 350 linear feet of stream is currently confined in an asphalt ditch, adjacent to and parallel to the roadway, so there will be no loss of streambed. 5. The Federal Highway Administration will need to adhere to all appropriate in-water work moratoria prescribed by the North Carolina Wildlife Resources Com mission. 6. For projects impacting waters classified by the NC Environmental Management Commission as Trout(Tr),High Quality Waters(HQW),or Water Supply I or I1(WSI,WSIH stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site f')r the purpose of pre-treating storm water runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. 7. The permittee shall use/Design Standards in Sensitive Wdtersheds/[15A NCAC 4B.0124(a)-(e)] in areas draining to (WS-I-HQW)waters.However, due to the size of the project,the Federal Highway Administration shall not be required to meet 15A NCAC 4B .0124(a)regarding the m,iximum amount of uncovered acres. Temporary cover (wheat,millet,or similar annual grain)or permanent herb,ticeous cover shall be planted on all bare soil within 15 business days of ground disturbing activities to provide erosion control. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas. For the establishment of permanent herbaceous cover,erosion!,control matting shall be used in conjunction with an appropriate native seed mix on disturbed soils within the iriparian 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,ba!,ins,etc. Matting should be secured in place with staples, _,evin Rose ay 31,2012 flage Three stakes, or wherever possible, live stakes of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid,which can impinge and entrap small animals. For the establishment of temporary groundcover within riparian areas,hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer-and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. 8. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures 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 the stream channel shall be temporary and be revegetated with native riparian species. 10. If multiple pipes or barrels are required,they shall be designed to mimic natural steam cross sections 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. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 12. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 13. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 14. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 15. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 16. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels,lubricants,hydraulic fluids, or other toxic materials. 17. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 19. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 20. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 21. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the FHWA Engineer and the on-site project manager. 22. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 23. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 24. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. Mr.Kevin Rose May 31, 2012 Page Four 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 Federal Highway Administration,Project 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, Charles Wakild,P.E.,Director Division of Water Quality Attachments cc: Lori Beckwith,USACE,Asheville Field Office Dave McHenry,NCWRC Transportation Permitting Unit Asheville Regional Office 120405(Rose)Blue Ridge Parkway Slide Repair BLRI 2N21 A I AT; `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 31, 2012 Mr. Marcus Jones, County Engineer Henderson County Utilities Cane Creek Water and Sewer District 1 Historic Courthouse Square, Suite#6 Hendersonville, North Carolina 28792 Subject: Fast-Track Application Return Cane Creek Water and Sewer District' Naples Knoll, Henderson County. ; , l+ Dear Mr. Jones: Enclosed herewith is the Fast-Track Sewer Application submitted by the Cane Creek Water and Sewer District seeking permission to construct a sewer system to serve Naples Knoll. The application is being returned for the following reasons: (1) A. Application Form -"Submit one original AND one copy of the completed and appropriately executed application form." There was only one(1) copy of the application received. (2) J. Certifications—Section C—"The application must be certified by both the applicant and the design engineer who is a North Carolina Registered Professional Engineer(PE)". You are indicated as a signing official under"owner/permittee, therefore your signature is required in the C.Certifieation section of the application I look forward to receiving a completed application. Please do not hesitate to call me at 828/296- 4658 should you wish to discuss this matter. Sincerely f Jeff enzel Environmental Specialist Enclosure cc: Natalie J. Berry, Assistant County Engineer SASWMenderson\Collection S sternMenderson Countv Utilities-Cane Creek Sewer District\A licationReturn\Na IesKnolls.5.31.12.doc SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 1�7One 1, 7 Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 1�o thCarohna Internet: port www.ncwaterquality.org a Action a,jft�yrj 4 An Equal Opportunity 1 Affirmative Action Employer f/ ►"[Z[� `/�lL` '� i\ I NCD NR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Governor Dee Freeman Director Secretary May 31, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED - 7010 1870 0003 0875 4227 Larry McCallum Buncombe County Schools North Buncombe High School 175 Bingham Rd Asheville,NC 28806 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0274 North Buncombe High School NPDES Permit No. NCO061182 Buncombe County Dear Dr. McCallum: A review of the November 2011 self-monitoring report for the subject facility revealed a violation of the following parameter: Date Outfall Parameter Reported Value p Permit Limit 11/1 /2011 001 fecal coliform 600 #/ 100 ml 400#/ 100 ml [11/30/2011 001 fecal coliform 1350 #/ 100 ml 400#/ 100 ml A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE)is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0061182. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the November 2011 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACE W AITR PROTECTION ION SLC ION--.ASHEV1t:1 1 REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa.North Carolina 28778 Phone:828-296-4500\Fax:828 299-7043 One Internet:http://Pooal.ncdenrora/web/wp NOr�thCarrollii,}na An Equal Opportunity Affirmative Action Employer--50%RecA-,cled 10!b lost Consumerr paper Larry McCallum May 31,2012 Page 2 of 2 Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water`. Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828- 296-4500. Sincerely, l:' Chuck Cradord,Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: ARO Copy Point Source Branch S:\SWP\Buncombe\Wastewater\Minors\North Bunc High Sch 61182\NOVRE-2012-LV-0274.doc' i A `�rT North Carolina Department ��E��Environment and Natural Resources Beverly Eaves Perdue Division of Water Quality Governor Charles Wakild,P.E. Dee Freeman Director Secretary May 31,2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED - 7010 1870 0003 0875 4210 Larry McCallum Buncombe County Schools North Buncombe High School 175 Bingham Road Asheville,NC 28806 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0277 North Buncombe High School NPDES Permit No. NCO061182 Buncombe County Dear Dr. McCallum: A review of the December 2011 self-monitoring report for the subject facility revealed a violation of the following parameter: Date Outfall Parameter Reported Value Permit Limit 12/14/2011 001 fecal coliform 1200#/ 100 ml 400#/ 100 ml A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE)is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0061182. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the December 2011 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this office within the 10-day period, a civil penalty assessment may be prepared. SURF ACE WATER l'I R PROTECTION ION SIX 11ON--ASHEVILI[E REGIONAL OFFICE Location:2090 U.S.Highway 70.Swaintmoa,Noitb Carolina 28778 Phone:828-296-45001 F'rtx:828-299-7043 One Internet:http://portal.ncdenrora/web/wa NorthCya+rolliina An Equal Opportunity`•Affirmative Action Employer- 0%Recycled 10%Post Consumer paper er P' Larry McCallum May 31,2012 Page 2 of 2 Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water`, Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828- 296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: ARO copy Point Source Branch S:\SWP\Buncombe\Wastewater\Minors\North Bunc High Sch 61182\NOVRE-2012-LV-0277.doc',, A 141XA 'jA NCD��� North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 31, 2012 Orville English 578 Valley View Circle Mars Hill, NC 28754 Subject: NOTICE OF VIOLATION NOV-2012-MV-0034 Permit No. NCO082716 English Wolf Lodge-WWTP Madison County Dear Mr. English: A review of English Wolf Lodge-WWTP's monitoring report for March 2012 showed the following violation: Parameter Date Measuring Violation Frequency fecal coliform 03/31/12 2 X monthly Failure to Monitor Remedial actions, if not already implemented, should be taken to correct any problem. 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 this office. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828-296-4667. Sincere, r -Z ,. ( Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: ARO Copy Point Source Branch No thCarohna Xtura!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguaiity.org FAX (828)299-7043 j.-_ `�i North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 31, 2012 Eliot Godfrey McDowell County Adult Care, LLC PO Box 1690 Little River, SC 29566 Subject: NOTICE OF VIOLATION NOV-2012-LV-0282 Permit No. NCO035157 Cedarbrook Residential Center McDowell County Dear Mr. Godfrey: A review of Cedarbrook Residential Center's monitoring report for February 2012 showed the following violations: Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day (20 Deg. C) - 02/29/12 30 mg/1 35.05 mg/I Monthly Concentration Average Exceeded Solids, Total Suspended - 02/29/12 30 mg/I 33.5 mg/I Monthly Concentration Average Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. 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 this office. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828-296-4667. Sincerely, fiF Chuck Crakford, Regional Supervisor Surface Water Protection Section cc: ARO Copy Point Source Branch No thCarolina ,Naturrrllr� North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org FAX (828)299-7043 \�/ i NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 31, 2012 Danny McIntosh, Mayor Town of Burnsville PO Box 97 Burnsville, NC 28714 Subject: NOTICE OF VIOLATION NOV-2012-MV-0036 Permit No. NCO075965 Burnsville WTP Yancey County Dear Mayor McIntosh: A review of Burnsville WTP's monitoring report for February 2012 showed the following violations: Parameter Date Measuring Violation Frequency Aluminum, Total 02/04/12 Weekly Failure to Monitor Iron, Total 02/04/12 Weekly Failure to Monitor Remedial actions, if not already implemented, should be taken to correct any problem. It is not requested that a response be submitted. However should you have additional information concerning the violations which you wish to present, please submit them to this office. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying fora Special Order by Consent. You may contact this office for additional information. If you have any questions, please do not hesitate to contact Janet Cantwell at 828-296-4667. Sincerely, r- ` f Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: ARO copy Point Source Branch Northcarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 ,Naturally Internet: www.newaterguality.org FAX (828)299-7043 �� !�1 ,. ,� wywA By North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 31, 2012 Bernard M. Kelly Davidson River Village LLC PO Box 880 Pisgah Forest, NC 28768 Subject: NOTICE OF VIOLATION NOV-2012-MV-0035 Permit No. NC0000078 Former Ecusta Mill Transylvania County Dear Mr. Kelly: A review of Former Ecusta Mill's monitoring report for February 2012 showed the following violations: Parameter Date Measuring Violation Frequency Nitrogen, Ammonia Total (As N) 02/29/12 Monthly Failure to Monitor Remedial actions, if not already implemented, should be taken to correct any problem. 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 this office. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828-296-4667. Sincerely, AFr Chuck Cranford, Regional Supervisor Surface Water Protection Section CC' ARO copy Point Source Branch No 2hCarolina Natura!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www ncwaterauality orp FAX (828)299-7043 J4T'; -..4 NCaENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Governor Dee Freeman Director Secretary May 31, 2012 Jeffery V. Morse Town of Valdese 121 Faet Street Valdese, NC 28690 Subject: NOTICE OF VIOLATION NOV-2012-MV-0031 and NOV-2012-MV-0032 Permit No. NCO041696 Lake Rhodiss WWTP Burke County Dear Mr. Morse: A review of Lake Rhodiss WWTP's monitoring report for December 2011 and February 2012 showed the following violations: Parameter Date Measuring Violation Frequency Nitrogen, Kjeldahl, Total (as N) 12/03/11 Weekly Failure to monitor Nitrogen, Kjeldahl, Total (as N) 12/10/11 Weekly Failure to monitor Nitrogen, Kjeldahl, Total (as N) 12/17/11 Weekly Failure to monitor Nitrogen, Kjeldahl, Total (as N) 12/24/11 Weekly Failure to monitor Nitrogen, Kjeldahl, Total (as N) 12/31/11 Weekly Wmonitor onitor Nitrogen, Kjeldahl, Total (as N) 02/04/12 Weekly nitor Nitrogen, Kjeldahl, Total (as N) 02/11/12 Weekly nitor Nitrogen, Kjeldahl, Total (as N) 02/18/12 Weekly nitor Nitrogen, Kjeldahl, Total (as N) 02/25/12 Weekly nitor BOD 02/04/12 Weekly Failure to monitor Remedial actions, if not already implemented, should be taken to correct any problem. 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 this office. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. NoAhCarolina ,Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Internet: www.nmaterauality ora Swannanoa,N.C. 28778 Phone(828)296-4500 FAX (828)299-7043 Jeffery V.Morse May 31,2012 Page 2of2 If you should have any questions, please do not hesitate to contact Janet Cantwell at 828-296-4667. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Enclosure cc: ARO copy Point Source Branch North Carolina De art NCD��� p ment of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Governor Dee Freeman Director Secretary May 31, 2012 Thomas W. Kilpatrick Etowah Sewer Company PO Box 1659 Etowah, NC 28729 Subject: NOTICE OF VIOLATION NOV-2012-LV-0280, NOV-2012-LV-0281 and NOV-2012-MV-0033 Permit No. NCO071323 Etowah Sewer Company WWTP Henderson County Dear Mr. Kilpatrick: A review of Etowah Sewer Company WWTP's monitoring report for November 2011, February 2012 and March 2012 showed the following violations: Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day(20 Deg. C) - 02/07/12 45 mg/I 53 m /I Concentration 9 Daily Maximum BOD, 5-Day(20 Deg. C) - 03/05/12 45 mg/I 51 m /I Exceeded Concentration 9 Daily Maximum Exceeded Parameter Date Measuring Violation Frequency Chlorine 11/05/12 2 X Weekly Failure to monitor Remedial actions, if not already implemented, should be taken to correct an problem. is not requested that a response be submitted. However, should you have additional informationcon ernt ing the violations or comments which you wish to present, please submit them to this office. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. Nao'AhCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Ygturllt!�l� Internet: wwwmwaterguality ora FAX (828)299-7043 Thomas W.Kilpatrick May 31,2012 Page 2 of 2 If you should have any questions, please do not hesitate to contact Janet Cantwell at 828-296-4667. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section CC' ARO copy Point Source Branch �aW A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, RE. Dee Freeman Governor Director Secretary May 31, 2012 Larry McCallum Buncombe County Schools 175 Bingham Road Asheville, NC 28806 Subject: NOTICE OF VIOLATION NOV-2012-LV-0269 Permit No. NCO086436 Cane Creek Elementary School Buncombe County Dear Mr. McCallum: A review of Cane Creek Elementary School's monitoring report for February 2012 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Solids, Total Suspended - 02/07/12 45 mg/I 82.3 mg/I Daily Maximum Concentration Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. 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 this office. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828-296- 4500. Sincerely, f Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: ARO copy Point Source Branch Noi thCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 �Naturallt� Internet: www.newaterguality.org FAX (828)299-7043 A4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality ,zverly Eaves Perdue Charles Wakild,P.E. Governor Director Dee Freeman Secretary May 31, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED - 7010 1870 0003 0875 4241 Larry McCallum Buncombe County Schools North Buncombe High School 175 Bingham Rd Asheville,NC 28806 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0279 North Buncombe High School NPDES Permit No. NCO061182 Buncombe County Dear Dr. McCallum: A review of the February 2012 self-monitoring report for the subject facility revealed a violation of the following parameter: Date Outfall Parameter Reported Value Permit Limit 02/29/2012 001 fecal coliform 500 #/ 100 nil 03/25/2011 001 400#/ 100 nilBOD 53.9 mg/L 45 mg/L 03/25/2011 001 TSS 60.7 mg/L 45 mg/L 03/25/2011 001 TSS 34.3 mg/L 30 mg/L A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0061182. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice.A review of your response will be considered along with any information provided on the February 2012 Discharge Monitoring Report. You will then be notified of SURF AC'E WATER PROTECTION SECTION--AS[IEVI1:.:1 1.RI:UIONAI...OI OFFICE l.,otatum.2090 tJ.S.Ht�ilNvav 70,s��armatioa,Notch Carolina 28778 Phone:828-296-4500F Fax:828-299-7043 One Internet:hltp://portal nrdenr om/web/wq North Carolina An Equal Oppoltunity`.Affirmative Action Em plover-�0"o Reevcled't(°, s; `lj �"•%t o Post Consttmcr paper Larry McCallum May 31,2012 Page 2 of 2 any civil penalties that may be assessed regarding the violations. If no response is received in this office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828- 296-4500. Sincerely, ' . f. l! Chuck Cranford,Regional Supervisor Surface Water Protection Section cc: ARO copy Point Source Branch S:\SWP\Buncombe\Wastewater\Minors\North Bunc High Sch 61182\NOVRE-2012-LV-0279.doc