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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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`
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Lateral PermittedByRegulation 05 11 12.docx
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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!
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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.
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Page: 2
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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
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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` `
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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
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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/
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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
-�.
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%�,.,
�"
_..__
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
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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
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__ ---
__
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
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`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`
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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
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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