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HomeMy WebLinkAboutDWR Read File Archive May 2015 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 1, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED—7014 0510 0000 4466 6020 Rutherford County Attn: Steve Garrison 289 North Main Street Rutherfordton,NC 28139 CERTIFIED MAIL RETURN RECEIPT REQUESTED—7014 0510 0000 4466 6037 Clary Hood Inc. Attn: Tom Addley 150 Conway Black Road Spartanburg, SC 29307 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Queens Gap Phase 1 NOV-2015-PC-0094 Stream Standard Violation- Other Waste (In-stream sediment) 401 Water Quality Certification(WQC) Conditions Rutherford County Response deadline: May 29,2015 Dear Messrs. Garrison and Addley: On April 21, 2015, Tim Fox and Zan Price from the Asheville Regional Office of the Division of Water Resources (DWR) conducted a site inspection of Queens Gap Phase 1. Darlene Kucken with the Division of Energy, Mineral, and Land Resources was present during the April 21, 2015 inspection. Stream standard violations were noted during the inspection and file review. Sediment impacts to an unnamed tributary to Stone Creek, classified C, Trout waters, were documented. As a result of the site inspection and file review,the following violations were identified: Water Quality Regional Opertations—Asheville Regional Office One Location:2090 U.S:Highway 70,Swannanoa,North Carolina 28778 NorthCaTolina Phone:828-296-450M FAX:828-299-7043 Internet: www.ncwaterquaiti a, An Equal Opportunity 1 Affirmative Action Employer Queens Gap Phase 1 May 1,2015 Page 2 of 3 VIOLATIONS I. Stream Standard Violation- Other Waste (In-stream sediment) 15A NCAC 02B .0211 (12)—an undetermined length of an unnamed tributary to Stone Creek were impacted by sediment deposition measured to be between 4 and 8 inches in depth throughout the stream reach,representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (12)• II. 401 WQC Condition Violations -The WQC issued for the project specifies that the activities must follow all conditions listed therein. The following condition violations were noted: • #1 No Impacts beyond those authorized in the Written Approval or Beyond the Threshold of Use of this Certification—In-stream sediment is considered an additional impact. • #2 Standard Erosion and Sediment Control Practices—Erosion Control measures are not adequately controlling sediment. REQUIRED RESPONSE The DWR requests that you respond by May 29,2015. Your response should be sent to the attention of Tim Fox,Division of Water Resources, 2090 US HWY 70, Swannanoa,NC 28778 and should address the following items: a 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. Provide explanation for why the site was left idle for an extended period of time and not stabilized before equipment was de-mobilized. e. A Sediment Removal Plan(Plan)has been approved for this stream reach as per the approved 401 certification(#2007-2227-V2). However,new sediment impacts must be evaluated and amended to the approved sediment removal plan if applicable. You must secure an environmental consultant experienced in stream restoration to re-evaluate new sediment impacts. New sediment impacts must be included in the sediment removal plan. It is recommended that your consultant contact Tim Fox of the Asheville Regional Office for additional guidance during the evaluation of additional sediment impacts. 2. 401 WQC Condition Violations a. Provide explanation and corrective actions taken to adequately control sediment at the site during future rain events. .yank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Resources 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 Tim Fox at(828) 296-4664 or tim.foxAncdenr ov. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc: Karen Higgins, 401 & Buffer Permitting Unit ARO File Copy Laura Herbert, Division of Energy, Mineral, and Land Resources (email copy) William Elliot -USACE (email copy) G:G:\WR\WQ\Rutherford\401s\Non-DOT\Queens Gap 2007-2227-V2\NOV-2015-PC-0094.QueensGapPhasel4-29-2015.doc WQROS REGIONAL STAFF REPORT April 24, 2015 County: Buncombe WOROS Central OfficePermittee: Buncombe County Board of County Commissioners 4;entral Office Reviewer: Thomas Slusser Project Name: Regional Login No: Application No.: W10100353 I GENERAL INFORMATION 1. This application is(check all that apply): ®New ❑ Renewal ❑ Minor Modification❑ Major Modification ❑ Surface Irrigation❑ Reuse❑ Recycle❑ High Rate Infiltration❑ Evaporation/Infiltration Lagoon ❑ Land Application of Residuals ❑Attachment B included ❑ 503 regulated ❑ 503 exempt ❑ Distribution of Residuals ❑ Surface Disposal ❑ Closed-loop Groundwater Remediation ® Other Injection Wells(including in situ remediation) Was a site visit conducted in order to prepare this report? ®Yes or ❑No. a. Date of site visit: April 16,2015 b. Person contacted and contact information: Ed Hilton(SCS Engineers) 813-621-0080 c. Site visit conducted by: Andrew Moore d. Inspection Report Attached: ❑Yes or®No. 2. Is the following information entered into the BIMS record for this application correct? - ❑Yes or®No. If no,please complete the following or indicate that it is correct on the current application. For Treatment Facilities: a. Location(s): b. Driving Directions: a USGS Quadrangle Map name and number: d. Latitude: Longitude: e. Regulated Activities/Type of Wastes(e.g., subdivision, food processing,municipal wastewater): For Disposal and Injection Sites: (If multiple sites either indicate which sites the information applies to, copy and paste a new section into the document for each site,or attach additional pages for each site) a. Location(s): Old Buncombe County Landfill b. Driving Directions: Head North on 251 from Asheville. Old Buncombe County Landfill is on left approximately 0.75 miles past MSD Wastewater Treatment Plant. c. USGS Quadrangle Map name and number: Weaverville d. Latitude: 35.660323 Longitude: 82.602998 II. NEWAND MAJOR MODIFICATIONAPPLICATIONS(this section not needed for renewals or minor modifications,skip to next section) Description Of Waste(S)And Facilities 1. Please attach completed rating sheet. Facility Classification: 1 WQROS REGIONAL STAFF REPORT 2. Are the new treatment facilities adequate for the type of waste and disposal system? ❑Yes ❑No ❑N/A. If no,please explain: 3. Are the new site conditions (soils, topography, depth to water table, etc) consistent with what was reported by the soil scientist and/or Professional Engineer? ❑Yes ❑No ❑N/A. If no,please explain: 4. Does the application (maps, plans, etc.) represent the actual site (property lines, wells, surface drainage)? ❑ Yes❑No ❑N/A. If no,please explain: 5. Is the proposed residuals management plan adequate and/or acceptable to the Division. ❑ Yes ❑No ❑ N/A. If no,please explain: 6. Are the proposed application rates for new sites(hydraulic or nutrient)acceptable? ❑Yes❑No ❑N/A. If no,please explain: 7. Are the new treatment facilities or any new disposal sites located in a 100-year floodplain? ❑ Yes ❑ No ❑ N/A. If yes, please attach a map showing areas of 100-year floodplain and please explain and recommend any mitigative measures/special conditions in Part IV: 8. Are there any buffer conflicts(new treatment facilities or new disposal sites)? ❑Yes or❑ No. If yes,please attach a map showing conflict areas or attach any new maps you have received from the applicant to be incorporated into the permit: 9. Is proposed and/or existing groundwater monitoring program (number of wells, frequency of monitoring, monitoring parameters, etc.) adequate? ❑ Yes ❑ No ❑ N/A. Attach map of existing monitoring well network if applicable. Indicate the review and compliance boundaries. If No, explain and recommend any changes to the groundwater monitoring program: 10. For residuals,will seasonal or other restrictions be required? ❑ Yes ❑ No ❑ N/A If yes, attach list of sites with restrictions(Certification B?) III. RENEWAL AND MODIFICATIONAPPLICATIONS(use previous section for new or maior modification systems) Description Of Waste(S)And Facilities(THIS SECTION MODIFIED TO INCLUDE APPLICABLE OTNS) 1. Is the existing groundwater monitoring program (number of wells, frequency of monitoring, monitoring parameters, etc.) adequate? ❑ Yes ❑ No ❑ N/A. Attach map of existing monitoring well network if applicable. Indicate the review and compliance boundaries. If No, explain and recommend any changes to the groundwater monitoring program: 2. Is the description of the facilities, type and/or volume of waste(s) as written in the existing permit correct? ❑ Yes or❑No. If no,please explain: 2 WQROS REGIONAL STAFF REPORT ,re monitoring wells properly constructed and located? ❑ Yes or ❑ No ❑ N/A. If no, please explain: 4. Has a review of all self-monitoring data been conducted(GW,NDMR,and NDAR as applicable)?❑Yes or ❑No ❑N/A. Please summarize any findings resulting from this review: 5. Check all that apply: ❑ No compliance issues; ❑ Notice(s) of violation within the last permit cycle; ❑ Current enforcement action(s) ❑ Currently under SOC; ❑ Currently under JOC; ❑ Currently under moratorium. If any items checked, please explain and attach any, documents that may help clarify answer/comments(such as NOV,NOD etc): 6. Have all compliance dates/conditions in the existing permit, (SOC, JOC, etc.) been complied with? ❑ Yes ❑No ❑Not Determined ❑N/A.. If no,please explain: 7. Are there any issues related to compliance/enforcement that should be resolved before issuing this permit? ❑ Yes or❑No ❑N/A. If yes,please explain: IV. INJECTION WELL PERMIT APPLICATIONS(Complete these two sections for all systems that use injection wells,including closed-loop groundwater remediation effluent injection wells,in situ remediation injection wells,and heat pump injection wells.) Description Of Well(S)And Facilities—New,Renewal,And Modification 1. Type of injection system: ❑ Heating/cooling water return flow(5A7) ❑ Closed-loop heat pump system(5QM/5QW) ®In situ remediation(5I) ❑ Closed-loop groundwater remediation effluent injection(5LP Non-Discharge") ❑ Other(Specify: 2. Does system use same well for water source and injection? ❑ Yes ®No 3. Are there any potential pollution sources that may affect injection? ®Yes ❑No What is/are the pollution source(s)?Landfill What is the distance of the injection well(s)from the pollution source(s)?_Adjacent 4. What is the minimum distance of proposed injection wells from the property boundary?Approximately 200 feet 5. Quality of drainage at site: ❑ Good ®Adequate ❑ Poor 6. Flooding potential of site: ® Low ❑ Moderate ❑ High For groundwater remediation systems, is the proposed and/or existing groundwater monitoring program (number of wells,frequency of monitoring,monitoring parameters,etc.) adequate? ❑Yes ®No. Attach map of existing monitoring well network if applicable. If No, explain and recommend any changes to the groundwater-monitoring program: The proposed monitoring plan is inadequate to detect the movement of injection fluids, injection process byproducts, or formation fluids outside the injection zone as required by 15A 3 WQROS REGIONAL STAFF REPORT NCAC 02C .0225(e)(9),particularly with respect to MW-3 and TW-2.Based on the potentiometric surface m� provided with the application,no monitoring points are located immediately downgradient of MW-3. MW-21- 94 is located down and side-gradient from MW-3. However, due to the heterogeneous nature of the fractured bedrock aquifer,it is unclear whether this monitoring point can adequately assess the effect of the injections in MW-3 and the applicant has provided no information to indicate a connection between these two wells. Similar to MW-3,no monitoring points are located immediately downgradient from TW-2. MW-21-21 is located down and side-gradient from TW-2.However,no information has been provided by the applicant to indicate MW-21- 21 will meet the requirements of.0225(e)(9)for TW-2.Additional monitoring points are needed downgradient of MW-3 and TW-2 unless the applicant,through the communication of additional data(sampling results, pumping test data,etc...), can demonstrate the minimum requirements of 02C .0225(e)(9)can be met. Based on the information provided, semiannual sampling of MW-20-32 would address the monitoring concerns with respect to TW-2. Monitored Natural Attenuation(MNA)parameters should be added to the monitoring schedule for MW-19-75 to assess the effects of injection in TW-3 on the shallow bedrock aquifer. Semiannual monitoring should also be conducted in MW-3 and DPL-2 to include MNA,Appendix I metals, and Appendix R metals.As occurred in a previous pilot test,and is certainly possible with a new untested injectant,unanticipated reactions, such as the mobilization of metals,are possible. If unanticipated reactions occur,the injection points would be the first points to detect and mitigate those reactions. 7. Does the map presented represent the actual site(property lines,wells,surface drainage)?®Yes or❑No. If no or no map,please attach a sketch of the site. Show property boundaries,buildings,wells,potential pollution sources,roads,approximate scale,and north arrow. Iniection Well Permit Renewal And Modification Only: 1. For heat pump systems,are there any abnormalities in heat pump or injection well operation(e.g.turbid water, failure to assimilate injected fluid,poor heating/cooling)? ❑ Yes ❑No. If yes, explain: 2. For closed-loop heat pump systems,has system lost pressure or required make-up fluid since permit issuance or last inspection?❑Yes ❑No. If yes, explain: 3. For renewal or modification of groundwater remediation permits(of any type),will continued/additional/modified injections have an adverse impact on migration of the plume or management of the contamination incident?❑ Yes ❑No. If yes, explain: 4. Drilling contractor: Name: Address: 4 WQROS REGIONAL STAFF REPORT Certification number: ,omplete and attach Well Construction Data Sheet. V. EVALUATIONAND RECOMMENDATIONS 1. Provide any additional narrative regarding your review of the application: The French Broad River is directly downgradient of the injection zone and the likely discharge point for groundwater.This office is concerned that the proposed monitoring network is not adequate to detect the movement of the injection fluids and injection byproducts,particularly incompletely degraded chlorinated ethenes and metals, into the French Broad River. 2. Attach Well Construction Data Sheet-if needed information is available 3. Do you foresee any problems with issuance/renewal of this permit? ® Yes ❑No. If yes,please explain briefly. Proposed monitoring schedule is inadequate. 4. List any items that you would like APS Central Office to obtain through an additional information request. Make sure that you provide a reason for each item: Item Reason Additional monitoring points for injection To satisfy the requirements of 02C .0225(e)(9). points MW-3 and TW-2 or additional information from the applicant that _ demonstrates the proposed monitoring network is adequate to satisfy 02C .0225(e)(9). Demonstration from the applicant that the To ensure compliance with 15A NCAC 02B proposed injection activities will not result in a .0208. violation of 15A NCAC 02B .0208, particularly with respect to PCE,TCE,and VC. 5. List specific Permit conditions that you recommend to be removed from the permit when issued. Make sure that you provide a reason for each condition: Condition Reason 6. List specific special conditions or compliance schedules that you recommend to be included in the permit when issued. Make sure that you provide a reason for each special condition: 5 WQROS REGIONAL STAFF REPORT Condition Reason Add MNA parameters to monitoring schedule To detect the movement of injection fluids or for MW-19-75. injection process byproducts in the shallow bedrock aquifer as may be impacted by injection into TW-3.(02C .0225(e)(9)and .02250)(2)) Semiannual monitoring in MW-3 and DPL-2 to Evaluate the effectiveness of the injections and include MNA constituents,Appendix I metals, the presence of injection process byproducts. and Appendix II metals. (02C .02250)(1)) 7. Recommendation: ® Hold,pending receipt and review of additional information by regional office; ❑Hold, pending review of draft permit by regional office; ❑ Issue upon receipt of needed additional information; ❑ Issue; ❑ Deny. If deny,please state reasons: 8. Signature of report preparer(s): Al� Ati= Signature of APS regional supervisor: �- Date: Z f S' ADDITIONAL REGIONAL STAFF REVIEW ITEMS 6 AAA NCDENR North Carolina Department of Environment and Natural Resources at McCrory Donald R.van der Vaart Governor Secretary May 1, 2015 Jack Carlisle,Director of Assembly Public Works - P.O. Box 339 Lake Junaluska,NC 28745 SUBJECT: Compliance Evaluation Inspection Collection System Lake Junaluska Assembly Collection System Permit No: WQCS00184 Haywood County' Dear Mr. Carlisle: Enclosed please find a copy of the Compliance Evaluation Inspection for the Collection System conducted on 3/28/2015. The assistance from Assembly Public Work's staff along with their commitment to operations and maintenance is appreciated. No violations of permit requirements or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions,please call me at 828-296-4500 or contact me at tim.heim@ncdenr.gov. Sincerely, e Tim Heim, P.E. Environmental Engineer Enc. cc: David Ward, ORC MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\Haywood\Collection SystemsTake Junaluska Assembly WQCS00184\WQCS00184 April 2015 Inspection\WQCS00184 CEI 2015.doc Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 . Internet:http://portal.nGdenr.org/web/wq An Equal Opportunity 1 Affirmative Action Employer �i �_ ��_:. Compliance Inspection Report ,,CS00184 Effective: 06/01/13 Expiration: 05/31/18 Owner Lake Junaluska Assembly Effective: Expiration: Facility: Lake Junaluska Conference&Retreat Center Collec .:ounty: Haywood PO Box 65 759 Lakeshore Dr Region: Asheville Lk Junaluska NC 28745 j6zN< Contact Person: Btrddy 'font"eU Title: Phone: 704-452-5911 Directions to Facility: System Classifications: CS2 Primary ORC: William David Ward Certification: 992293 Phone: 828-452-5911 Secondary ORC(s): On-Site Representative(s): Related Permits: NCO025321 Town Of Waynesville-Waynesville WWTP Inspection Date: 04/28/2015 Entry Time:, 09:30AM Exit Time: 12:OOPM `rimary Inspector: Timothy H Heim Phone: 828-296-4665 Secondary Insppeec-ttoor((ss�): Reason for Inspection: Routine Inspection Type: Collection System Inspect Non Sampling Permit Inspection Type: Collection system management and operation Facility Status: Compliant ❑ Not Compliant Question Areas: 01 Miscellaneous Questions Performance Standards Operation&Maint Reqmts NI Records Monitoring&Rpting Reqmts Inspections NI Pump Station Manhole ■ Lines (.'See attachment summary) Page: 1 Permit: WQCS00184 Owner-Facility:Lake Junaluska Assembly Inspection Date: 0 4/2 812 0 1 5 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routh,. Inspection Summary: The new Director of Public Works and the public works staff are diligently operating and maintaining the collection system. A CIP was completed in May 2012 and Public Works is using this to guide their repair and upgrade projects.The Town of Waynesville,which may annex the collection system in the summer of 2016 pending political decisions and a popular referendum,has also completed an engineering analysis of the Junaluska Assembly collection system focusing on the - issues associated with potential annexation. Junaluska Assembly Public Works has an excellent working relationship with Waynesville and can utilize their assistance as needed. Areas of continued improvement include the following: 1. Utilize the CIP map and any available information about the collection system (pipe age, materials etc.)as a tool to track and guide maintenance efforts. 2. Continue to work on upgrading the work order tracking syste; include information on work orders relevant to SSOs. 3. Continue to improve record keeping for items including line cleaning and system inspections. 4. Complete repairs on the pump station audio/visual high level alarms. Page: 2 WQCS00184 Owner-Facility:Lake Junaluska Assembly Jate: 04/2 812 0 1 5 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine fornlance Standards Yes No NA NE Is Public Education Program for grease established and documented? [] What educational tools are used? An educational flyer is delivered to new home owners and to residences in the vicinity of O&G problems as they occur. Is Sewer Use Ordinance/Legal Authority available? Q Does it appear that the Sewer Use Ordinance is enforced? Is Grease Trap Ordinance available? El El On Is Septic Tank Ordinance available(as applicable,i.e.annexation) [] List enforcement actions by permittee,if any,in the last 12 months The CS authority is derived from the Methodist Board of Trustees and does not use Ordinances.The Public Works department works closely with Waynesville CSMIWTP and does use their Sewer Use Ordinance as guidance. Has an acceptable Capital Improvement Plan(CIP)been implemented? z. Does CIP address short term needs and long term\"master plant/concepts? [] Does CIP cover three to five year period? Does CIP include Goal Statement? 0 ❑ Does CIP include description of project area? 0 El 0 El Does CIP include description of existing facilities? 0, 11 El El Does CIP include known deficiencies ❑ ❑ Does CIP include forecasted future needs? El D El 0 Is CIP designated only for wastewater collection and treatment? El Approximate capital improvement budget for collection system? $588,720.00 Total annual revenue for wastewater collection and treatment? $Loo CIP Comments CIP was completed by Cavanaugh Engineers in 2012 and is available online at lakejunaluska.com/community.The plans includes both water and sewer.A major goal is to have the system annexed by Waynesville by summer 2016 if political conditions permit. Is system free of known points of bypass? If no,describe type of bypass and location Is a 24-hour notification sign posted at ALL pump stations? #Does the sign include: Instructions for notification? 0 El 0 El Pump station identifier? ❑ 11 ❑ 24-hour contact numbers N El DO If no,list deficient pump stations Do ALL pump stations have an"auto polling"feature/SCADA? Number of pump stations 1 Page: 3 Permit: WQCS00184 Owner-Facility:Lake Junaluska Assembly Inspection Date: 04/2 812 0 1 5 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routh,,. Number of pump stations that have SCADA 0 Number of pump stations that have simple telemetry c Number of pump stations that have only audible and visual alarms 1 Number of pump stations that do not meet permit requirements #Does the permittee have a root control program? ❑ ❑ ❑ #If yes,date implemented? Describe: The only pump station is inspected on a daily basis. Comment: The pump station high level alarm audio component was not operating during the time of the inspection Complete repairs of the audio visual alarm system as soon as possible_ Inspections Yes No NA NE Are maintenance records for sewer lines available? ■ ❑ ❑ ❑ Are records available that document pump station inspections? ❑ ❑ ❑ Are SCADA or telemetry equipped pump stations inspected at least once a week? ❑ ❑ e El Are non-SCADA/telemetry equipped pump stations inspected every day? . ❑ ❑ ❑ Are records available that document citizen complaints? ® ❑ ❑ ❑ #Do you have a system to conduct an annual observation of entire system? ® ❑ ❑ ❑ #Has there been an observation of remote areas in the last year? ® ❑ ❑ ❑ Are records available that document inspections of high-priority lines? ❑ ® ❑ ❑ / Has there been visual inspections of high-priority lines in last six months? ❑ ❑ ® ❑ Comment: The only high-priority line is locacted under Lake Junaluska. This line is inspected approximately every 3 years when the lake is drained and dredged The new Public Works Director is working to locate all previous inspection records and is aware of the importance of documenting inspections and repairs moving forward. Operation&Maintenance Requirements Yes No NA NE Are all log books available? ® ❑ ❑ ❑ Does supervisor review all log books on a regular basis? . ❑ ❑ El Does the supervisor have plans to address documented short-term problem areas? ® ❑ ❑ What is the schedule for reviewing inspection,maintenance,&operations logs and problem areas? The two Public Works employees and the Public Works Director meet on a daily basis to review operations and problem areas. Are maintenance records for equipment available? ■ ❑ ❑ ❑ Is a schedule maintained for testing emergency/standby equipment? ® ❑ ❑ ❑ What is the schedule for testing emergency/standby equipment? As needed. Do pump station logs include: Inside and outside cleaning and debris removal? ® ❑ ❑ ❑ Inspecting and exercising all valves? ❑ ❑ ❑ Inspecting and lubricating pumps and other equipment? ■ ❑ ❑ ❑ Page: 4 WQCS00184 Owner-Facility:Lake Junaluska Assembly Jate: 04128/2 0 1 5 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine .,zing alarms,telemetry and auxiliary equipment? ■ ❑ ❑ ❑ ere at least one spare pump for each pump station w/o pump reliability? ■ ❑ ❑ ❑ Are maintenance records for right-of-ways available? ❑ ❑ ❑ Are right-of-ways currently accessible in the event of an emergency? M ❑ ❑ ❑ Are system cleaning records available? 0 ❑' ❑ ❑ Has at least 10%of system been cleaned annually? ❑ ❑ ON What areas are scheduled for cleaning in the next 12 months? Lines are cleaned during the winter months when flows are down and staff are available. Is a Spill Response Action Plan available . ❑ ❑ ❑ Does the plan include: 24-hour contact numbers 0 ❑ ❑ ❑ Response time ■ ❑ ❑ ❑ Equipment list and spare parts inventory M ❑ ❑ El Access to cleaning equipment ■ ❑ ❑ ❑ Access to construction crews,contractors,and/or engineers M ❑ ❑ ❑ Source of emergency funds ❑ ❑ ❑ Site sanitation and cleanup materials 0 ❑ ❑ ❑ Post-overflow/spill assessment 0 ❑ ❑ ❑ a Spill Response Action Plan available for all personnel? ❑ ❑ ❑ Is the spare parts inventory adequate? 0 ❑ ❑ ❑ Comment: The Public Works Department works closely with Waynesville to share resources in the event of an emergency response. Records Yes No NA NE Are adequate records of all SSOs,spills and complaints available? ❑ ❑ ❑ Are records of SSOs that are under the reportable threshold available? ❑ ❑ ❑ Do spill records indicate repeated overflows(2 or more in 12 months)at same location? ❑ ■ ❑ ❑ If yes;is there a corrective action plan? ❑ 110 ❑ Is a map of the system available? 0 ❑ ❑ ❑ Does the map include: Pipe sizes M ❑ ❑ ❑ Pipe materials 0 ❑ ❑ ❑ Pipe location 0 ❑ ❑ ❑ Flow direction M ❑ ❑ ❑ Approximate pipe age ❑ ❑ ❑ Number of service taps ❑ ❑ ❑ Pump stations and capacity 0 ❑ ❑ ❑ If no,what percent is complete? Page: 5 Permit: WQCS00184 Owner-Facility:Lake Junaluska Assembly Inspection Date: 04/28/2015 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Route,, List any modifications and extensions that need to be added to the map The Public Works Department is working with the engineering firm that completed their CIP to continuously update the map as new information is available or modifications are made. #Does the permittee have a copy of their permit? M ❑ ❑ ❑ Comment: Monitorinq and Reporting Requirements _ Yes No NA NE Are copies of required press releases and distribution lists available? ❑ ❑ ■ Are public notices and proof of publication available? ❑ ❑ ■ #Is an annual report being prepared in accordance with G.S. 143-215.1C? ❑ #Is permittee compliant with all compliance schedules in the permits? ■ ❑ ❑ ❑ If no,which one(s)? Comment: _ Page: 6 ,rnments: Operation and Maintenance Log Does the Operation & Maintenance Loa include the following? 25. Pump station inspection frequency?�,,��� Yg 26, Spare Parts inventory? '��j j °� ) , 27. Preventive maintenance schedlulcgn� YES Q 28. Overflow response plan? Y ❑ 29. Schedule to test ernerenc equi ment? Y N❑ Comments: 'Inspections, Self-Monitoring &.Maintenance Pumo Stations )+ ; N S ` 2. o , Does the operator perform Pump ation inspections: 30. On a weekly basis, if functioning telemetry or SCADA exists? 31. Ever ;day, if no functional telemet or SCADA?, YCK N❑ Do Pump Station inspections include the following maintenance tasks? 32. Remove any exterior debris as needed? YE�;,N❑ 33. Remove interior debris as needed? YQO 34. Exercise all valves? Y F 35. Lubricate pumps? YV❑ 36. Lubricate any mechanical equipment? YRNU 37. Check operation of alarms? YIJ No 38. Check operation of telemetry. 39. Check operation of,generator �C Y 40. Is pump failure contingency plan posted at pump station? Y N❑ 41. Total number of Pump Stations: 42. Total number of Pump Stations with telemetry or SCADA: 43. Total number of Pump Stations wlout telemetry,or SCADA: 44. Total number of Pump Stations Wout emergency contact information sign posted: Comments: \4\cc,5 Ct; to Q J50C 'CLUP V CA (� Rl lit-of-WN s and Easements 45. Does the operator adequately maintain Ri ht-of-Wa s and Easements? *SOT[o N 46. Does the operator keep a maintenance log or map to Shaw progress? Y❑ N i Comments: i Sewer'Line Cleaning & Maintenance tt 47. Does operator perform Sewer Line Cleaning at rate of 10% of lines per ear? kwk Y JNET 48:' Does theoperator keep a maintenance log or map to show progress? tX YgNEI 49: Is a general observation of the entire system performed on annual basis? YEO 50. Are all records maintained for 3 ears? Ail A Y - N❑ Comments: CNL D rections to.facillity from Asheville i COLLECTION SYSTEM INSPECTION FORM System S� nSC�� . ?55 + �� � NPDES #NC00 On-site representative _CS permit#WQCS� �, � Inspector{s) Date � / t Sanitary Sewer Overflows (SSOs) 6 �, d S 1: How many SSOs were reported to DWQ in the past 12 months? ail (mo/yr) 3 Z I Lk to (mo/yr) ` l( __._(#SSOs reported). spills that reach surface wafers ors ills greater 1,000 allons Required to report to I�WQ all spr s f f 9 � 2. Were all SSOs over 15,000 gallons reported by public notice? Y N If yes, please provide copies of all public notices copies 3. Were all SSOs that reached surface water&greater than 1,000 gallons reported with a press release? Y❑ NX & If yes,:please provide copi s of all ress releases copies Comments:0 L s c5 `/ y+o�1�1U � 'w mwt Collection System Maps 4. Is the Collection System Ma current? Uaw w a Does it include the following? 5. Approximate age of sewer lines? c�cL YE] N® 6.. Line size? " YQrN❑ 7. Pipe material? Yam❑ 8. Flow Direction? YgN❑ 9. Pump stations? �` 6-;- t7 y N[] �._. 10. Major tap locations of satellite systers � Y❑ N 11: Annual updates? �6�(��t l d v��r✓T�, YD NEI 12. Construction drawings? c C61ty' (o YO N❑ 13. Miles or feet of collection system? miles feet Comments:14 FOG Fats, Oils &Grease / Grease Control Program 14. Does the system have a FOG / Grease Control Program? Y _0 15. Has the owner/operator distributed educational material twice a ear? A- .ei' 4uk&45 Y 16.' Is educational material distributed more frequently, if SSO's are caused:by grease? Yff N❑ 17. Does the s stem have a sewe use ordinance? 0 A Y❑N ,a r i Hi h Priort Lines High PrioTy Sewer Lines i.e: lines that are suspended, in channel or under body of water ( ( 17 Has the operator inspected high-priority sewer lines at least every 6 mos.? Y[] N 18. Has the.operator maintained an inspection log? 1([RN 19. Does it include the dates of inspections? Y N Do inspection methods include the following: 20. Visual observation kX.A �kt Y❑ N❑ f 21.. Cleaning lines -- Cry Y[] N❑ 22. Right-of-way maintenance YFI N❑ 23.. Corrective actions taken YF] N❑ 24. Corrective actions planned Yo NE] y fFs North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 1, 2015 Tammy Ingle 82 Wilson Branch Road Canton,NC 28716 SUBJECT: Compliance Evaluation Inspection 82 Wilson Branch Road Permit No: NCG550341 Haywood County Dear Ms. Ingle: A Compliance Evaluation Inspection (CEI) of the single family wastewater system at your property located at 82 Wilson Branch Road was conducted on April 28,2015. You were not home for the inspection. Enclosed please find a copy of the Compliance Evaluation Inspection Report. Please contact me at the number below to discuss your system and the permit requirements. An Ownership Change Form has been included for your convenience should the legal name of the Permittee need to be updated. Refer to the enclosed inspection report for additional observations and comments. If you have any questions please call me at 828-296-4500. Sincerely, Tim Heim, P.E. Environmental Engineer Enclosure cc: MSC 1617-Central Files-Basement WQ Asheville Files G:\WR\WQ\Haywood\Wastewater\General\NCG55 SFR\NCG550341\NCG550341 CEI2015.doc 2090 U.S.Hwy.70,Swannanoa,North Carolina 28778 Phone:828-296-4500\Internet:www.ncdenr,gov An Equal Opportunity 1 Affirmative Action Employer—Made in part by recycled paper -___ __ '4�,-' United.States Environmental Protection Agency Form Approved. Washington,D.C.2MO OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type IN I 2 15 ' 3 � NCG550341 Ill 12 15/04/28 17 18Irj 19I G I 20' I Inspection Work Days. Facility Self-Monitoring Evaluation Rating B1 QA -------—-----------Reserved--------------- 67 70 L—J 71 [ 72 NJ 73L 1 75I I I I I I 80 Section B`Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTK also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 01:30PM 15/04/28 13/08/01 82 Wilson Branch Road Exit Time/Date Permit Expiration Date 82 Wilson Branch Rd P Canton NC 28716 02:00PM 15/04/28 18/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Officialfritle/Phone and Fax Number Tammie IngIe,82 Wilson Branch Rd Canton NC 28716/l828-646-9291! Contacted No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Operations&Maintenance 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 Timothy H�Heim-- ) ARO WQ//828-296-4665/ Signature of Management Q A !'-war Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete: Page# 1 RMENK North Carolina Department of Environment and Natural Resources Pat McCrory,Governor John E.Skvarla ill,Secretary L Please enter the CoC number for which the change is requested. Certificate of Coverage 5 1 3 14 H. Please provide the following for the requested change(revised permit). a. Request for change is a result of: Q Change in ownership of the residence/property Name change of the facility or owner If other please explain: b. Permit will be issued to(company' name, if applicable): c. Person legally responsible for permit: First MI Last Title Permit Holder Mailing Address City State Zip ( ) Phone E-mail Address d. Facility name(discharge): e. Facility address: Address City State Zip f Facility contact person: First MI Last ( ) Phone E-mail Address III. Permit contact information(if,different from the person legally responsible for the permit) Permit contact: First MI Last Title = Mailing Address City. State Zip ( ) Phone E-mail Address IV Will this permitted facility continue to discharge the same volume and type of wastewater as prior to this ownership or name change? ❑ Yes 0 No(please explain) Revised 2/2009 NCG550000 OWNERSHIP Ci, VI. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: ❑ This completed application is required for both name change and/or ownership change requests. Legal documentation of the transfer of ownership(such as relevant pages of a contract deed, or a bill of sale)is required for an ownership change request. Articles of incorporation are not"sufficient for an ownership change. •• ................................................... ......... .........................• The certifications below must be completed and signed by the new applicant in the case of an ownership change request. APPLICANT CERTIFICATION I, ,attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included,this application package will be returned as incomplete. Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: NC DENR/DWR/NPDES 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Revised 7/2008 w�► . I�C�E North Carolina Department of Environment and Natural Resources at McCrory Donald R.van der Vaart Governor Secretary May 1, 2015 CERTIFIED MAIL RETURN RECIEPT REQUESTED 7014.0510 0000 4466 6068 Jeremy Messer 171 Utah Mountain Road Waynesville,NC 28786 SUBJECT: NOTICE OF VIOLATION& RECOMMENDATION FOR ENFORCEMENT NOV-2015-PC-0100 Compliance Evaluation Inspection 171 Utah Mountain Road Permit No: NCG550298 Haywood County Dear Mr. Messer: J A Compliance Evaluation Inspection (CEI) of the single family wastewater system at your property located at 171 Utah Mountain Road was conducted on April 28, 2015. The CEI was conducted by Tim Heim of the Asheville Regional Office. The treatment facility was found to be in violation of Permit NCG550298 for the following: Inspection Area Compliance Issue Effluent/Receiving Waters Inadequately treated effluent is impacting the receiving water The wastewater system must be restored to working conditions as described in the permit and sampled to demonstrate that the discharge limits are not being exceeded. Refer to the enclosed inspection report and Technical` Bulletin for General Permits for SFRs for additional information. 2090 U.S.Hwy.70,Swannanoa,North Carolina 28778 Phone:828-296-45001 Internet:www.ncdenr.gov An Equal Opportunity',Affirmative Action Employer—Made in part by recycled paper Jeremy Messer May 1,2015 Page 2 of 2 To prevent further action, carefully review these violations and deficiencies and respond in. writing to this office within ten (10)working day of receipt of this letter. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions,please do not hesitate to contact Mr.Heim at(828)296-4500. Sincerely, for S. Jay Zimmerman, Director Division of Water Resources,NCDENR by G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDENR Enclosure cc: MSC 1617-Central Files-Basement WQ Asheville Files i G:\WR\WQ\Haywood\Wastewater\General\NCG55 SFR\NCG550298\NCG550298 CEI NOV 2015.doc United States Environmental Protection Agency Form Approved. Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(Le.,PCS) ransaction Code NPDES yr/mo/day Inspection Type ' Inspector Fac Type 1 IN 1 u 2 15 1 3 1 NCG550298 111 121 15/04/28 17 181,1 19 1 20I I 211 1 1 1 1 1 1 1 1 1 11 1 1 L 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1�1 1 1 1 11 1 1 1 1 1 f 6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------Reserved------------- 671 70 Lj 71 I I 72 U ti I 73 I I 174 761 III 1 1 1 180 Section B:Facility Data LJ Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 12:20PM 15/04/28 13/08/01 171 Utah Mountain Road 171 Utah Mtn Rd Exit Time/Date Permit Expiration bate Waynesville NC 28786 01:OOPM 15/04/28 18/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Jeremey Messer,171 Utah Mtn Rd Waynesville NC 28786/// No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Operations&MaintenancE 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 Jeff Menzel ARO WQ//828-296-4500/ Timothy H Heim ARO WQ//828-296-4665/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers bate EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (Cont.) 31 NC0550298 i11 12 15/04/28 17 18 C I Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) On April 28th at approximately 12:20pm;Tim Heim and Jeff Menzel arrived at the subject location to perform a routine Compliance Evaluation Inspection. The residence and surrounding property was well maintained and mowed, but no components of the SFR wastewater treatment system as described in the permit were able to be located. Upon inspection of the suspected discharge location, what appeared to be inadequately treated or raw effluent with visible solids was observed seeping into the creek. The system appears to be noncompliant with the permit. Page# 2 NCG550298 Owner-Facility: 171 Utah Mountain Road .fate: 04/28/2015 Inspection Type: Compliance Evaluation ,rations & Maintenance Yes No NA NE is the plant generally clean with acceptable housekeeping? ❑ ❑ ■ ❑ Does the facility analyze process control parameters,for ex: MLSS,MCRT,Settleable ❑ ❑ ■ ❑ Solids, pH, DO, Sludge Judge,and other that are applicable? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? 0 ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ❑ i ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ i ❑ Comment: Inadequately treated or raw effluent from the system with a strong wastewater odor and visible solids is entering the creek. The discharge pipe is not visible and may be covered by debris or buried. Page# 3 North Carolina Department of Environment and Natural Resources 1t McCrory Donald R.van der Vaart Governor Secretary Certified Mail#7014 0510 0000 4466 0622 Return Receipt Requested May 01,2015 Anthony K Staley Horsehead Holding Corporation 484 Hicks Grove Rd Mooresboro,NC 28114 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 No.NCO089109 Horsehead Holding Corporation Rutherford County Production Facility Case No.LV-2015-0063 Rutherford County Dear Permittee: This'letter transmits a Notice of Violation and assessment of civil penalty in the amount of$909.26($750.00 civil penalty +$159.26 enforcement costs)against Horsehead Holding Corporation. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Horsehead Holding Corporation for the month of January 2015. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0089109. The violations,which occurred in January 2015,are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Horsehead Holding Corporation violated the terms, conditions or requirements of NPDES Permit No. NCO089109 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, 1, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Horsehead Holding Corporation: 2090 U.S.70 Highway,Swannanoa,NC 28778 Phone:828-296-4500 \Internet:m%wnedenr.gov<http://tivlv�v.ticdent-.Rov> An Equal Opporruniry\AButnative Action Employer-Made in part by recycled paper $750.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0089109, by waste water into the waters of:the State in violation of the Permit Monthly Avem, CADMIUM. 750.00 TOTAL CIVIL PENALTY 159.26 _ Enforcement Costs $909.26 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority;and (8) The cost to the State of the enforcement procedures. Within thirty(30)days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing- Option 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: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 2 Submit a written request for remission or mitigation including a detailed justification for such .,ase 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 Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations;or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Resources 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 Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 3 Option 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 administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must, the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is. considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative 'Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)733-2698 Fax: (919)733-3478 One(1)copy of the petition must also be served on DENR as follows: Mr. Sam M.Hayes,General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter)on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. 4 questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville .;e at(828)296-4667 or via email atianet.cantwell@ncdenr.gov. Sincerely, C for S.Jay Zimmerman,P.G. Director,Division of Water Resources,NCDENR By G.Landon'Davidson,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDENR ATTACHMENTS Cc: WQS Asheville Regional Office-Enforcement File (w/attachments) NPDES Compliance/Enforcement Unit-Enforcement File (w/attachments) Central Files, Water Quality Section (w/attachments) 5 JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2015-0063 County: Rutherford Assessed Party: Horsehead Holding Corporation - Permit No.: NCO089109 Amount Assessed: $909.26 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document.: Pursuant to N.C.G.S. § 143B-282.1(c), remission of.a civil penalty may be granted only when one or more of the following five factors apply. 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: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES JNTY OF RUTHERFORD IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Horsehead Holding Corporation ) Rutherford County Production Facility ) PERMIT NO.NCO089109 ) CASE NO. LV-2015-0063 Having been assessed civil penalties totaling $909.26 for violations) as set forth in the assessment document of the Division of Water Resources dated May 01, 2015, 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 Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after{30) days from the receipt of the notice of assessment. This the day of ,20 SIGNATURE ADDRESS TELEPHONE a a� a' d W U (L X w z °' rn m _ r � g_ Q t o Q 0 z 0 W rn w r > o 0 o w O or) r o r M W M LL - V Q y 7 O � OrL o Q O r � V F- V N W �W C J t V_ o a g 2 kv w o Q m LL <L o Z O 0 0 ' 2 W v > Q � U � IL 3 w U m .a a � o 4) a U s w 7 �.' 2 O H �1 J W LL. J J U. d - � a M o O o C9 Z r rn � aLO 0o Qyj o N V o z r o o r+ z E w 6S, w a a -� _ _ ...... --_.. .... I� J _ �\�/ North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 4, 2015 Jeff Baird Amcor Flexibles Inc. 3055 Sweeten Creek Road Asheville, NC 28803 Subject: Report of Groundwater Sampling and Analysis Annual Event 2015 Former Chase Packaging Facility NCDWR Groundwater Incident Number: 5229 Buncombe County,North Carolina Dear Mr. Baird, The Asheville Regional Office has reviewed the subject report which was received on March 2, 2015. The report was prepared by Bunnell-Lammons Engineering, Inc. (BLE) and outlines activities associated with the annual groundwater monitoring at the subject site. Despite significant declines in concentrations at some monitoring wells, contaminant concentrations in excess of the applicable.North Carolina groundwater standards are still present at the site. Therefore, annual monitoring should continue. If you have any additional questions or concerns, please contact me at(828) 296-4681 or brett.laverty@ncdenr.gov. Sincerely, s Brett LaLityRegional Water Q Operations Asheville Regional Office cc: file Andrew Alexander-Bunnell-Lammons Engineering,Inc. 2090 U.S.Hwy.70,Swannanoa,North Carolina 28778 Phone:828-296-4500\Internet:www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer—Made in part by recycled paper _ _ _:_. - __ `,,,_,i Al NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary May 4, 2015 Jim Fatland, Interim Manager City of Brevard 95 West Main Street Brevard, NC 28712 Subject: Permit No. WQ0037750 City of Brevard South Alley Sewer Replacement Wastewater Collection System Extension Permit Transylvania County Dear Mr. Fatland: In accordance with your application received April 22, 2015, we are forwarding herewith Permit No. WQ0037750 dated May 5, 2015, to the City of Brevard (Permittee) for the construction and operation upon certification 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 the following conditions contained within this permit: Condition 11.1: This permit shall not be automatically transferable; a request must be made and approved. Condition 11.4: 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. It shall be responsibility of the Permittee 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. 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. 2090 U.S.70 Highway,Swannanoa,NC 28778 Phone:828-296-4500\Internet:www.ncwaterauality.org An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper City of Brevard Permit No.WQ0037750 If you need additional information concerning this matter, please contact Tim Heim at(828)296-4500 01 , via e-mail at tim.heim@ncdenr.gov. Sincerely, for S.Jay Zimmerman, Director Division of Water Resources, NCDENR by G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDENR cc: Jeffery T. Brown, P.E.—Brown Consultants, PA(electronic copy) Asheville Regional Office Files Water Resources Central Files PERCS(electronic copy) G:\WR\WQ\Transylvania\Collection Systems\Brevard Collection System WQCS00084\WQ0037750 South Alley FT.docx Page 2 of 9 JFA w,� ..rMr.. NCDENR STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT In accordance with the provisions of Article 21'of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations,'permission is hereby granted to the City of Brevard (City of Brevard) Transylvania County for the construction and operation of approximately 50 linear feet of 8-inch gravity sewer; to serve businesses in the downtown Brevard area as part of the South Alley Sewer Replacement project,and the discharge of 0 additional gallons per day of collected domestic wastewater into the City of Brevard's existing sewerage system, pursuant to the application received April 22, 2015, 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 f permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and lirri ns contained therein. forS.Jay Zimmerman, Director Division of Water Resources, NCDENR By Authority of The Environmental Management Commission Permit Number: WQ0037750 Permit Issued: May 4,2015 Page 3 of 9 SUPPLEMENT TO PERMIT COVER SHEET City of Brevard is hereby authorized to: Construct, and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the City of Brevard Wastewater Treatment Facility in accordance with Permit Number NC0060534. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T,the Division's 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 a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions identified below, 1.STANDARD CONDITIONS 1. 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. [15A NCAC 02T.0104; G.S 143-215.1(d3)] 2. 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'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 materials unless specifically mentioned herein. [15A NCAC 02T.01101 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. [15A NCAC 02T.0110] 4. 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: [15A NCAC 02T.0108(b)]: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. Page 4 of 9 An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been 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-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. 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. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments, The plan shall also include legal means for inspections of the grease interceptors,enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems, the Grease Control Program shall include at least bi- annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts(1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. L Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map,which shalt be maintained for the life of the system. 5. The Permittee shall report by telephone to a water resources staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours, 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 SSO and/or spill over 1,000 gallons; or c. Any SSO and/or spill, regardless of volume,that reaches surface water 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) Page 5 of 9 733-3300. Persons reporting any of the above occurrences shall file a spill report by completir,t submitting Part I of Form CS-SSO (or the most current Division approved form) within five da. following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. 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. [G.S. 143- 215.1C(a1)] 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. [15A NCAC 02T.0108(b)] 7. 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. 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. If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: a'. One copy of the project construction record drawings (plan & profile views of sewer lines& force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc. b. One copy of the supporting applicable design calculations including pipe and pump sizing, velocity, pump cycle times, and level control settings, pump station buoyancy, wet well storage, surge protection, detention time in the wet well, and force main, ability to flush low points in. force mains with a pump cycle, and downstream sewer capacity analysis. If a portable power source or pump is dedicated to multiple stations,an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable power source or pump, include travel timeframes,shall be provided. c. Changes to the project that do not result in non-compliance with this permit, regulations, or the Minimum Design Criteria should be clearly identified on the record drawings,on the certification in the space provided,or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non-compliance with this permit (including pipe length increases of 10% or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the number/type of connections), regulations, or the Minimum Design Criteria. Requested Page 6 of 9 ,difications or variances to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After-construction requests.are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification&activation. [15A NCAC 02T.0116] 8. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined, a slope variance can be requested from the Division with firm supporting documentation. This shall be done through a permit modification with fee. Such variance requests will be evaluated on -a case-by-case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification. [ 15A NCAC 02T.0105(n)] 9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. [15A NCAC 02T.0116] 10. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February ;12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. [15A NCAC 02T.0104; 15A NCAC 02T.0108(b-c)] ` 11. 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. [15A NCAC 02T.0110; 15A NCAC 02T.0108(b)] 12. 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 the Division any other Federal, State, or Local government agencies which have jurisdiction or obtaining other permits which maybe required by the Division or any other Federal, State,of Local government agencies. [G.S. 143-215.1(b)] Page 7 of 9 THIS PAGE INTENTIONALLY LEFT BLANK. f Page 8 of 9 FAST TRACK SEWER ENGINEERING CERTIFICATION .iTTEE: CITY OF BREVARD AMIT#: WQ0037750' PROJECT: SOUTH ALLEY SEWER REPLACEMENT ISSUE DATE: May 4, 2015 This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the Division has received this Certification and all required supporting documentation. It should be submitted in a manner that documents the Division's receipt. Send the required documentation the Regional Supervisor, Water Quality Regional Operations Section at the address at the bottom. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up until a final certification is received. A Final Certification shall be a complete set of record drawings and design calculations regardless of whether partials have been submitted. PERMITTEE'S CERTIFICATION I,the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name,Title Signature Date ENGINEERS CERTIFICATION 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 South Alley Sewer Replacement and location as referenced above for the above 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 02T; the Division of Water Resources' (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 w/signature&date: ❑ Final ❑ Partial (include description) ........................................................................ Certification Comments/Qualifiers(attach if necessary): NC DWR—Water Quality Regional Operations Section 2090 U.S.70 Highway,Swannanoa, NC 28778 Asheville Regional Office Phone: (828)-296-4500 FAX:(828)-299-7043 A . �in►wrr.�ru RCN North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 5, 2015 Mr. Rodney Shotwell Macon County Schools P.O. Box 1029 Franklin, North Carolina 28734-1029 Subject: NOTICE OF DEFICIENCY NOD-2015-MV-0076 Permit No. NCO067326 Cullasaja School WWTP Macon County Dear Mr. Shotwell: A review of Cullasaja School's WWTP monitoring report for October 2014 showed the following violation: Parameter Date Measuring Frequency Violation Coliform, Fecal MF, M- 10/31/2014 2 X/Month Failure to Monitor FC Broth,44.5C 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 Resources 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 828/296-4600. Sincerely, CIL G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement Wanda Gail Ladd/ORC G:,WRtWQIMaeorNWastewater\Minors\Cullasaja School 67326\NOD-2015-MV-0076.doc Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)2964500 Fax: (828)299-7043 Internet: hUp://podal,ncdenr.org/web/wq An Equal Opportunity/Affirmative Action Employer f lr RMENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. tan der Vaart Governor Secretary April 5, 2015 Mr. Tracy Hargrove Haywood County Board of Education 401 Farmview Drive Waynesville NC 28786 Subject: NOTICE OF VIOLATION NOV-2016-LV-0285 Permit No. NCO067351 Bethel School WWTP Haywood County Dear Mr. Hargrove: A review of Bethel School WWTP's monitoring report for November 2014 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Flow, in conduit or thru 11/30/2014 0.015 mgd 0.140 mgd Monthly Average treatment plant 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 November 2014 DMR and submit a written response within 10 days of receipt of this letter to this Office explaining why the Monthly Average Flow exceeded the permit limit by 833%. Remedial actions should be taken to correct this problem. The Division of Water Resources 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, G. Landon Davidson,, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement Environmental Inc]ORC G:1WRkWQ\Haywood\Wastewate(tMinors\Bethel School 67351\NQV-2015-W-0285.doc Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)296-4500 Fax: (828)299-7043 Internet: http://portal.nedenr.org/web/wq An Equal Opportunity/Affirmative Action Employer A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 6, 2015 Mr. R. S. Jones, Jr. Indian Bend Properties Inc. 61 East Main Street Franklin, North Carolina 28734 Subject: NOTICE OF DEFICIENCY NOD-2015-MV-0077 Permit No. NCO070394 Willowbrook Park WWTP Macon County Dear Mr. Jones: A review of Willowbrook Park WWTP's monitoring report for October 2014 showed the following violation: Parameter Date Measuring Frequency Violation Temperature Week of 09/28/2014 - 10/04/2014 5 X/Week Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant"with an explanation 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 Resources 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 828/296-4600. Sincerely G. Landon Davidson, P.G., Regional Sup isor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement Environmental Inc./ORC G:1WRNWQlMacorn\yiastolwaterVMinors',Willovibrook Indian Bend 70394MD-2015-MV-0077.dcc Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)296-4500 Fax: (828)299-7043 Internet: http:l/portal.ncdenr.org/web/wq An Equal Opportunity/Affirmative Action Employer -A 1 W&W, WIDEN North Carolina Department of Environment and Natural Resources ,Jat McCrory Donald R. van der Vaart Governor Secretary May6,2015 Mr. Peter Jensen, Manager Carolina Equipment 994 Charlotte Highway Fairview,NC 28730 Subject: Complaint Investigation Carolina Equipment Vehicle Wash Water Discharge Buncombe County Dear Mr.Jensen, On April 21, 2015 I responded to a complaint alleging an illegal discharge of vehicle wash water from your facility to a nearby stream.This letter is to follow up with you regarding my findings. I would like to thank you for your assistance during the investigation. You indicated that the vehicle/equipment wash water is settled in the first pit,gravity flows to the second pit and then discharges through.a subsurface drain field. You also indicated that the water draining to the stormwater pit on the south side of the facility is from the building gutters. I did not see a direct discharge of vehicle wash water to the stream from your facility. However,the wash water from the vehicle wash station is considered industrial process wastewater. Disposal of this type of wastewater requires a permit. There are several options available to you. They are as follows: 1) Subsurface disposal-Contact the Buncombe County Health Department, Division of Environmental Health: Stan Crownover,Soil Scientist stan.crownover@buncombecounty.org This would likely be the least expensive option. 2) Non-Discharge permit through Division of Water Resources Closed-Loop Recycle System—(15A NCAC 02T.1000)The permit application/information can be found at the following address: http://portal.ncdenr.org/web/wq/aps/lau/applications The application is Form CLRS 11-13. You may be eligible for"deemed" permitted status under this rule provided certain criteria are met. Please contact me for information. 3) Industrial wastewater pump and haul system—(15A NCAC 02T.0200&.0203) "Deemed Permit Status" You are required to provide the following: 1. Submit a notification to the Asheville Regional Office in writing advising of the type of operation,type and quantity of wastewater generated, location, and the receiving 2090 U.S.Hwy.70,Swannanoa,North Carolina 28778 Phone:828-296-4500\Internet:www,ncdenr.gov An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper Mr.Jensen May 6, 2015 Page 2 wastewater treatment facility.The facility should have been designed and permitted to accept the type of wastewater being pumped and hauled. 2. Include a letter from the facility accepting the vehicle wash water specifically agreeing to accept wastewater from you. Include the terms of the acceptance. Please contact me within 30 days of receipt of this letter to let me know how you plan to proceed with permitting. You may contact meat(828) 296-4685 if you have any questions concerning this matter. Sincerely, Beverly Pr Environmental Specialist CC: Stan Crownover, Buncombe County Health Department WQ Asheville Files G:\WR\WQ\Buncombe\Complaints\201500647 Carolina Equipment.doc AM DENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary May 6, 2015 Mr. Kenneth Simmons Ohio Electric Motors Inc. P.O. Box 168 Barnardsville, North Carolina 28709 Subject: NOTICE OF VIOLATION NOV-2016-LV-0294 Permit No. NCO039152 Ohio Electric Motors WWTP Buncombe County Dear Mr. Simmons: A review of Ohio Electric Motors WWTP's monitoring report for October 2014 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Flow, in conduit or thru 10/31/2014 0.003 mgd 0.004 mgd Monthly Average treatment plant 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 2014 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 by 60%. Remedial actions should be taken to correct this problem. The Division of Water Resources 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, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement Mark Eatmon/Ohio Electric Motors Inc. Mark Swann/ORC GiWR`wQ\BuncoinbelWastewater\MinorslOhio Electric Motors Inc 39152WOV-2015-LV-0294.doc Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)296-4500 Fax: (828)299-7043 Internet: http://portal.nodenr.org/web/wq An Equal Opportunity/Affirmative Action Employer North Carolina Department of Environment and Natural Resources McCrory Donald R.van der Vaart .iovernor Secretary Certified Mail#7014 0510 0000 4466 5733 Return Receipt Requested May 06,2015 Aubrey Lewis Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest,NC 28768-1407 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 No NCO089095 A&D Water Service Inc' High Vista Falls WWTP Case No.LV-2015-0064' Henderson County ,bear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$709.26($550.00 civil penalty +$159.26 enforcement costs)against A&D Water Service Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by A&D Water Service Inc for the month of January 2015. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0089095. The violations,which occurred in January 2015,are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that A&D Water Service Inc violated the terms, conditions or requirements of NPDES Permit No. NCO089095 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215,6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a), Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, I, G. Landon Davidson, Regional Supervisor,'Asheville Regional Office hereby make the following civil penalty assessment against A&D Water Service Inc: 2090 U.S.70 Ifiglnvay,Swannanoa,NC 28778 Phone:828-296-4500 1 Internet:www.nedenr.gov<http://wwkv.ncdenr.gov> An Equal Opportunity 1 Affirmative action Employer-Made in part by recycled paper $100.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0089095, by waste water into the waters of the State in violation of the Permit Daily Maximum for. Conc. 100.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0089095, by discharghl, waste water into the waters of the State in violation of the Permit Daily Maximum for FEC COLL $100.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0089095, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for TSS Conc. $0.00 0 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0089095, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for BOD - Conc. 250.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.N00089095, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for TSS - Conc. $550.00 TOTAL CIVIL PENALTY 159.26 Enforcement Costs 709.26 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.I(b),which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; _ (3) The effect on ground or surface water quantity or quality or on air quality; (4), The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record,of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority;and (8) The cost to the State of the enforcement procedures. Within thirty(30)days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty,OR (2) . Submit a written request for remission,OR (3) Submit a written request for an administrative hearing Option 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: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 2 Submit a written request for remission or mitigation including a detailed justification for such release 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 Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered; (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations;or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Resources 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 f 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 thidy (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 3 Option 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. administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You muss the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition i, considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one-(1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)733-2698 Fax: (919)733-3478 One(1)copy of the petition must also be served on DENR as follows: Mr. Sam M.Hayes,General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter)on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. 4 questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville ,e at(828)296-4667 or via email atianet.cantwell@ncdenr.gov. Sincerely, for S.Jay Zimmerman,P.G. Director,Division of Water Resources,NCDENR By G.Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office, Division of Water Resources,NCDENR ATTACHMENTS Cc: WQS Asheville Regional Office. Enforcement File (w/attachments) NPDES Compliance/Enforcement Unit-Enforcement File (w/attachments) Central Files,Water Quality Section (w/attachments) 5 JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2015-0064 County: Henderson Assessed Party: A&D Water Service Inc „ Permit No.: NCO089095 Amount Assessed: $709.26 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. 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: NCDENR North Carolina Department of Environment and Natural Resources .McCrory Donald R.van der Vaart governor Secretary May 6,2015 Mr.Dan Harbaugh,Executive Director Tuckaseigee Water& Sewer Authority 1246 W Main St Sylva NC 28779 SUBJECT: Compliance Evaluation Inspection Jackson County WWTP Permit No: NCO039578 Jackson County Dear Mr. Harbaugh: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on 4/21/2015. The assistance from the TWSA's staff along with their commitment to providing excellent operations and maintenance is appreciated. No violations of permit requirements or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500 orjeff.menzel@ncdenr.gov. Sincerely, Jeff Menzel Environmental Specialist Enc. cc: Stan D Bryson, ORC MSC 1617-Central Files-Basement Asheville Files Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Internet:http://podal.nodenr.org/web/wq An Equal Opportunity\Affirmative Action Employer G:\WR\WQ\JacksonlWastewateAmunicipallTWSA#1 39578\39578 CEI 2015.doc __ � l;. United States Environmental Protection Agency Form Approved. Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 LJ 2 u 3 I NCO039578 111 12 16/04/2, 17 18 1 i 19 i s 1 20 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA --------Reserved-----—-- 67 70 I� 71 u 72 NJ 731 I 174 751 1 1 1 1 U80 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 Dermit Number) 08:30AM 15/04/21 13/06/01 Jackson County WWTP 1871 N River Rd P Exit Time/Date Permit Expiration Date Sylva NC 28779 12:OOPM 15/04/21 17/10/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Stan D Bryson/ORC/828-586-9318/ Name,Address of Responsible Official/Title/Phone and Fax Number \ Contacted Stan D Bryson,1246 W Main St Sylva NC 2 877 9//82 8-5 86-93 1 8/ No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement Operations&Maintenance Records/Reports Self-Monitoring Program Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date 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 31 NCO039578 I11 12 15/04/21 J� 17 18 u Section D:Summary of Finding/Comm—en_ts(Attach additional sheets of narrative and checklists as necessary) There were no violations of permitted monthly,weekly, or daily limits during the 2014 calendar year. On average there was a 98.7% reduction in the amount of pollutants in the effluent after treatment. The assistance from the TWSA's staff along with their commitment to providing excellent operations and maintenance is appreciated. No violations of permit requirements or applicable regulations were observed during this inspection. Page# 2 Permit: NCO039578 Owner-Facility: JacksonCountyWWTP ection Date: 04/21/2015 Inspection Type: Compliance Evaluation Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable M ❑ ❑ ❑ Solids, pH, DO,Sludge Judge,and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ® ❑ ❑ El application Is the facility as described in the permit? M El ❑ ❑ #Are there any special conditions for the permit'? ❑ ❑ ❑ Is access to the plant site restricted to the general public? ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? 0 ❑ ❑ ❑ Comment: 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? M ❑ ❑ ❑ Are all records maintained for 3 years(lab. reg. required 5 years)? M ❑ ❑ ❑Are analytical results consistent with data reported on DM Rs? M ❑ ❑ ❑ 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 000s Are DMRs complete:do they include all permit parameters? ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ❑ ❑ ❑ (If the facility is=or>5 MGD permitted flow)Do they operate 2417 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? M ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? 0 ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? M ❑ ❑ ❑ Page# 3 Permit: NCO039578 Owner-Facility: Jackson County WWTP Inspection Date: 04/21/2015 Inspection Type: Compliance Evaluation A Record Keeping Yes No NA NE Facility has copy of previous year's Annual Report on file for review? ■ ❑ ❑ ❑ Comment: Sequencing Batch Reactors Yes No NA NE Type of operation: Is the reactor effluent free of solids? ❑ ❑ El Does minimum fill time correspond to the peak hour flow rate of the facility? ❑ ❑ ❑ Is aeration and mixing cycled on and off during fill? ❑ ❑ ❑ The operator understands and can explain the process? ❑ ❑ ❑ Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? E ❑ ❑ ❑ Is sample collected below all treatment units? ❑ ❑ ❑ Is proper volume collected? e ❑ ❑ ❑ Is the tubing clean? ■ ❑ ❑ ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees 0 ❑ ❑ ❑ Celsius)? Is the facility sampling performed as required by the permit(frequency,sampling type ❑ ❑ ❑ representative)? Comment: Flow meter was calibrated March 2015.This facility calibrates quarterly. Standby Power Yes No NA NE Is automatically activated standby power available? ■ ❑ ❑ ❑ Is the generator tested by interrupting primary power source? N ❑ ❑ ❑ Is the generator tested under load? ®- ❑ ❑ ❑ Was generator tested&operational during the inspection? ❑ ❑ ❑ N Do the generator(s)have adequate capacity to operate the entire wastewater site? N ❑ ❑ ❑ Is there an emergency agreement with a fuel vendor for extended run on back-up power? 0 ❑ ❑ ❑ Is the generator fuel level monitored? ❑ ❑ Comment: Page# 4 RCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary May 7, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7014 0510 0000 4466 6112 G Peter Jensen 21 Chestnut Hill Road Black Mountain,NC 28711 SUBJECT: NOTICE OF VIOLATION 21 Chestnut Hill Road, Black Mountain,NC NOV-2015-CV-0004 Failure to Secure 401 Removal of Best Usage Buncombe County Response deadline: June 8,2015 Dear Mr. Jensen On April 13, 2015,Zan Price and Andrew Moore from the Asheville Regional Office of the Division of Water Resources (DWR) conducted a site inspection at 21 Chestnut Hill Road in Buncombe County. On April 21, 2015,Zan Price and Tim Fox from DWR met you at the " referenced property. Stream standard (Removal of Best Use) and 401 WQC violations were noted during the inspections and file review. Stream Impacts to an unnamed tributary to the Broad River,a classified C; Trout water were documented. As a result of the site inspection and file review,the following violation was identified: VIOLATIONS I. Removal of Best Usage-15A NCAC 02B.0211 (2)-Approximately 200 feet of an unnamed tributary to the Broad River a Classified C; Trout water was impacted by removing stream substrate, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2). Additionally, approximately 40 feet of the tributary was impacted , by the installation of two culverts Water Quality Regional Opertations—Asheville Regional Office One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna Phone: 296-450M gAXt�28299-7043 )W�ra"Internet: www.ncwaterualiorg � An Equal Opportunity 1 Affirmative Action Employer 21 Chestnut Hill Road May 7,2015 Page 2 of 3 IL Failure to Secure a 401 Water Quality Certification (WQC) A review of records confirmed that neither the DWR 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 DWR requests that you respond by June 8,2015. Your response should be sent to the- attention of Zan Price,Division of Water Resources,2090 US HWY 70,Swannanoa,NC 28778 and should address the following items: 1. Removal of Best Usage—15A NCAC 02B.0211(2) and Failure to Secure a 401 Water Quality Certification(WQC) 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,detailing impacts both on-and off-site (i.e. culverts and/or stream excavation) c. Please provide a riparian vegetation plan to stabilize the streambanks where excavation has occurred. �i 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 installations (and other fill'impacts)that have 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 culvert 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: 2. Provide a proposed schedule of when you expect to have the required Pre- Construction Notification(401 WQC application) submitted to DWR. If pursuing Option 2: 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 culvert 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 Mr.Zan Price of the Asheville Regional Office for additional guidance during plan development. The plan should include the proposed schedule with dates that indicate when you expect to begin and complete the restoration work. Once the plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Mr. Price 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 Resources 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 Zan Price at(828) 296-4500 or zan.price cr,ncdenr.gov . Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc: Karen Higgins, 401 &Buffer Permitting Unit ARO File Copy Tasha Alexander,US Army Corps of Engineers (email copy) G:\WR\WQ\Buncombe\Complaints\Chestnut Hill stream excavationWOV 2015-CV-0004.doc ,. �J <�o T MCDENR North Carolina Department of Environment and Natural Resources at McCrory Donald R.van der Vaart Governor Secretary May7, 2015 DWR# 15-0352 Burke County Kristin Bail, Forest Supervisor USDA Forest Service 160 Zillicoa Street, Suite A Asheville, North Carolina 28801 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Simpson Creek Stream Enhancement Project, Morganton,NC Dear Ms. Bail: You have our approval for the impacts listed below for the purpose described in your application dated April -'1,0, 2015, and received by the Division of Water Resources (Division)on April 16, 2015, with subsequent information on May 4, 2015. These impacts are covered by the attached Water Quality General Certification Numbers 3885 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Numbers 27 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit;and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)and/or (c)] Division of Water Resources—Asheville Regional Office 2090 US Hwy 70,Swannanoa,NC 28778 Phone:828-296-4500\FAX:828-299-7043 Internet:http://portal.ncdenr.org/web/wq/ws An Equal Opportunity\Affirmative Action Employer Simpson' Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Stream Impact S1 270 (linear feet) Impact S2 180 (linear feet) Impact S3 60 (linear feet) Impact S4 50 (linear feet) 2. This approval is for the purpose and design described in your application and additional information submitted on May 4, 2015. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. if you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certifications) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. The designer or his designee shall supervise the installation of in-stream structures. [15A NCAC 02H .0506(b)(2)] 4. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap '\-_J; small animals. [15A NCAC 02H .0506(b)(2)] 5. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill,the permitee/contractor shall immediately contact the Division, between the hours of 8 am to 5 pm at the Asheville Regional Office at 828.296.4500 and after hours and on weekends call (800)858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3)and (c)(3), 15A NCAC 0213 .0200 (3)(f), and GS 143 Article 21A] 6. All temporary impacted areas shall be restored to pre-construction natural conditions upon_completion of the project. Native vegetation shall be used for stream bank stabilization. [15A NCAC 02H .0506 (b)(2) and (c)(2)] 7. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly after storm events) and vegetation is successful. Any failures of structures, stream banks, or vegetation may require future repairs or replacement, which requires coordination with the Asheville Regional Office to ensure the stability and water quality of the stream and downstream waters. [15A NCAC 02H .0506(b)(2) and (b)(3)] ` Simpson Crk Stream Enhancement DWR#15-0352 401APPROVAL Page 3 of 4 droval and its conditions are final and binding unless contested. [G.S. 143-215.5] nis Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60)calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm,excluding official state holidays). The petition may be faxed to the OAH at (919)431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: if sending via delivery service (UPS, FedEx, etc): Office of.Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Ed Williams at 828-296-4662 or ed.williams@ncdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional.Operations Asheville Regional Office SimpsonL Enclosures: GC 3885 Certificate of Completion cc: Brady Dodd, USFS bdodd@ds.fed.us (via email) Tasha Alexander-USACE Asheville Regulatory Field Office (via email) Laura Herbert-`Division of Energy, Mineral, and Land Resources(via email) Andrea Leslie—NCWRC (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit G:\WR\WQ\Burke\401s\Non-DOT\Simpson Creek Stream Enhancement\APRVL.401SimpsonCreekStreamEnhancement_05-07-15.doc NCDENR North Carolina Department of Environment and Natural Resources McCrory Donald R.van der Vaart governor Secretary May 8, 2015 Bob Frye,Town Manager Town of Highlands P.O. Box 460 Highlands NC 28741-2063 SUBJECT: Compliance Evaluation Inspection Highlands W WTP Permit No:NCO021407 Macon County Dear Mr. Fyre: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on 4/23/2015. The assistance from the Town's staff along with their commitment to providing excellent operations and maintenance is appreciated. No violations of permit requirements or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions,please call me at 828-296-4500 or jeffinenzel@ncdenr.gov. Sincerely Jeff Menzel Environmental Specialist Enc. cc: Alec Hayes Templeton, ORC MSC 1617-Central Files-Basement Asheville Files Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Internet:http://portal.nodenr.org/weblwq An Equal Opportunity\Affirmative Action Employer G:\WR\WQ\Macon\Wastewater Municipal\Highlands WWTP 21407\CEI 2015.doc United States Environmental Protection Agency Form Approved. Washington,D.C.20460 AOMB No.2040-0057 Water Compliance Inspection Report Approval expires B-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES ydmo/day Inspection Type Inspector Fac Type 1 IN 1 u 2 LJ 3 ( NCO021407 '11 121 15/04/23 17 181,.[ 19 l Gj 201 211 11 1 1 1 1 1 1 1 11 I 1 i 1 1 1 I I I I I` I I I I I I I I I I I I I I III I I f6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA --------------------Reserved.------------ 67 70) f 71 U 72 L I I 1 1� 731 1 174 751 I I I ( J U80 Section B:Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES Permit Number) 09:OOAM 15/04/23 14/09/01 Highlands WWTP Arnold Rd Exit Time/Date Permit Expiration Date Highlands NC 28741 12:OOPM 15/04/23 19/08/31 Name(s)of Onsite Representative(s)/Tities(s)/Phone and Fax Number(s) Other Facility Data 111 Alec Hayes Templeton/ORC/828-526-0504/ Name,Address of Responsible Officiai/Title/Phone and Fax Number Contacted Alec Templeton,PO Box 460 Highlands NC 287412063//828-526-0504/8285262595 Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit ® Flow Measurement Operations&Maintenance ® Records/Reports ®Self-Monitoring Program ® Facility Site Review ®Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (Seo attachment summary) Name(s)and Signature(s)of inspector(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel 4A ARO WQ//828-296-4500/ a1 / 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.) 31 NCO021407 (11 12 15/04/23 17 18 I n l Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) As noted in previous inspection reports,the mechanical bar screening unit has been out of service for several years. It is recommended that this unit be replaced,or if possible, repaired and placed back in service.The manual bar screen is allowing solids and.plastics to pass through which then make their way to other treatment components.The Town should be aware that these materials can ruin pumps and other equipment which may be more costly to replace when compared replacing/installing a mechanical bar screen with better capabilities. There were no violations of permitted monthly,weekly,or daily limits during the 2014 calendar year. The assistance from the Town's staff along with their commitment to providing excellent operations and maintenance is appreciated. No violations of permit requirements or applicable regulations were observed during this inspection. r. Page# 2 Permit: NCO021407 Owner-Facility: Highlands WWTP .spection Date: 0 4/2312 0 1 5 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? ■ ❑ ❑ ❑ Are all records maintained for 3 years(lab. reg. required 5 years)? ® ❑ ❑ ❑ Are analytical results consistent with data reported on DM Rs? ❑ ❑ ❑ Is the chain-of-custody complete? ■ ❑ ❑ ❑ Dates,times and location of sampling Name of individual performing the sampling Results of analysis and calibration i Dates of analysis Name of person performing analyses Transported COCs ■ Are DMRs complete:do they include all permit parameters? ® ❑ ❑ ❑ Has the facility submitted its annual compliance report to Users and,DWQ? . ❑ ❑ ❑ (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator ❑ ❑ ❑ on each shift? Is the ORC visitation log available and current? 0 ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? 0 ❑ ❑ Is the backup operator certified at one grade less or greater thamthe facility classification? ■ ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ■ ❑ ❑ ❑ Comment: Bar Screens Yes No NA NE Type of bar screen a.Manuai b.Mechanicai ❑ 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? ❑ 0 ❑ ❑ Page# 3 Permit: NCO021407 Owner-Facility: Highlands WWTP Inspection Date: 04/23/2015 Inspection Type: Compliance Evaluation ` Bar Screens Yes No NA NE Comment: As noted in previous inspection reports the mechanical bar screening unit has been out of service for several years. It is recommended that this unit be replaced, or if possible, repaired and placed back in service The manual bar screen is allowing solids and plastics to pass through which then make their way to other treatment components.The Town should be aware that these materials can ruin pumps and other equipment which may be more costly to replace when compared replacing/installing a mechanical bar screen with better capabilities. Sequencing Batch Reactors Yes No NA NE Type of operation: Duplex Is the reactor effluent free of solids? ® ❑ ❑ ❑ Does minimum fill time correspond to the peak hour flow rate of the facility? ® ❑ ❑ ❑ \ Is aeration and mixing cycled on and off during fill? ® ❑ ❑ ❑ The operator understands and can explain the process? . ❑ ❑ ❑ Comment: Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS,MCRT,Settleable ■ ❑ ❑ Solids,pH, DO,Sludge Judge, and other that are applicable? Comment: Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ ® ❑ application? Is the facility as described in the permit? ® ❑ ❑ #Are there any special conditions for the permit? ❑ ❑ M El Is access to the plant site restricted to the general public? ® ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ® ❑ ❑ ❑ Comment: Flow Measurement- Effluent Yes No NA NE #Is flow meter used for reporting? ® ❑ ❑ Is flow meter calibrated annually? ® ❑ ❑ ❑ Is the flow meter operational? ® ❑ ❑ ❑ (If units are separated)Does the chart recorder match the flow meter? ® ❑ ❑ ❑ Page# 4 Permit: NCO021407 Owner-Facility: Highlands WVVrP ,pection Date: 04/23/2015 Inspection Type: Compliance Evaluation Flow Measurement-Effluent Yes No NA NE Comment: Disinfection - UV Yes No NA NE Are extra UV bulbs available on site? ® ❑ ❑ ❑ Are UV bulbs clean? ® ❑ .❑ ❑ Is UV intensity adequate? ■ ❑ ❑ ❑ Is transmittance at or above designed level? ❑ ❑ ❑ ■ Is there a backup system on site? ® ❑ ❑ ❑ Is effluent clear and free of solids? ® ❑ ❑ ❑ Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ® ❑ ❑ ❑ Is sample collected below all treatment units? N ❑ ❑ ❑ Is proper volume collected? ® ❑ ❑ ❑ Is the tubing clean? ® ❑ ❑ ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees ® ❑ ❑ ❑ Celsius)? Is the facility sampling performed as required by the permit(frequency,sampling type ■ ❑ ❑ ❑ representative)? Comment: The facility has lust installed a new sampler and is in the process of setting it up to be flow proportional. Page# 5 WDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 8, 2015 Mr. Greg Marler P.O. Box 489 Dillsboro,NC 28725 SUBJECT: Compliance Evaluation Inspection 425 Hall Town Road Permit No: NCG551295 Jackson County Dear Mr. Marler: Enclosed please fmd a copy of the Compliance Evaluation Inspection Report for the inspection conducted at your 425 Hall Town Road on May 4, 2015. The facility was found to be in compliance with permit NCG551295 for Single Family Residence (SFR) wastewater discharge permits. Please complete the included Ownership Change Form and return it as indicated so we may update our records to reflect you as the Permittee. Refer to the enclosed inspection report and Technical Bulletin for General Permits for SFRs for additional information. If you have any questions,please call me at 828-296-4500. Sincerely, Timothy Heim, P.E. Environmental Engineer Enclosure cc: MSC 1617-Central Files-Basement WQ Asheville Files G:\WR\WQ\Jackson\Wastewater\General\NCG55 SFR\SFR's NCG55\NCG551295\NCG551295 CEI 5-15.doc 2..090 U.S.Hwy.70,Swannanoa,North Carolina 28778 Phone:828-296-4500\Internet:www.ncdenr,gov An Equal Opportunity's Affirmative Action Employer—Made in part by recycled paper United States Environmental Protection Agency Form Approved. Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,;PCS) ransaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 LJ 2 15 1 3 NCG551295 111 121 15/05/04 J7 18 L C� 19 1 S 20 u 211 11 9 I I I I I I I I I I I I I I I I I I I I I I I I I I I---I I I I I I I I I I Lf6 Inspection Work Days Facility Self-Monitoring Evaluation Rating-- 131 QA ---------------Reserved------------- 67 70[_j 71 Lj 72 I I 73I I J4 75 1 1 1 1 1 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) 03:13PM 15/05/04 07/08/01 425 Hall Town Road 425 Hall Town Rd Exit Time/Date Permit Expiration Date Sylva NC 28779 03:40PM 15/05/04 12/07/31 Name(s)of Onsite Representative(s)/Tities(s)/Phone and Fax Number(s) Other Facility Data /// Name,Address of Responsible Official/title/Phone and Fax Number Contacted Rebecca A Hinton,176 Leo Bowls Ln Hardinsburg KY 401436470/// No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance Records/Reports Facility Site Review Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and.Fax Numbers Date Timothy H Heim ARO WQ//828-296-4665/ f // Signatur anagement Q A Reviewer Agency/Office/Phone and Fax Numbers D to ` EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (Cont.) 31 NCG551295 11,1 12 15/05/04 17 18 I C I Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Mr. Marler was not aware of the SFR permit when he purchased the property, but he is knowledgeable about the wastewater system and has been operating and maintaining it.The system appears to be operating correctly and no impact to the receiving stream was observed. Dechlorination tablets must be used for the system to operate properly. The septic tank should be pumped out every five years or when the solids level is found to be more than 1/3.of the liquid depth in any compartment, whichever is greater. Records of the septic tank pumping events should be kept for future compliance inspections. Page# 2 NCG551295 Owner-Facility; 425 Hall Town Road pate: 05/04/2015 Inspection Type: Compliance Evaluation ,rations&Maintenance Yes No NA NE is the plant generally clean with acceptable housekeeping? ® ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS,MCRT, Settleable ❑ ❑ 0 ❑ Solids, pH, DO,Sludge Judge,and other that are applicable? Comment: .Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ application? Is the facility as described in the permit? 0 ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ Is access to the plant site restricted to the general public? M ❑ ❑"❑ Is the inspector granted access to all areas for inspection? 0 ❑ ❑ El Comment: Septic Tank Yes No NA NE (If pumps are used) Is an audible and visual alarm operational? ❑ ❑ ■ ❑ Is septic tank pumped on a schedule? M ❑ ❑ ❑ Are pumps or syphons operating properly? ❑ ❑ ■ Are high and low water alarms operating properly? ❑ ❑ M El Comment: Sand Filters (Low rate) Yes No NA NE (If pumps are used) Is an audible and visible alarm Present and operational? ❑ ❑ 0 ❑ Is the distribution box level and watertight? ❑ ❑ ❑ 0 Is sand filter free of ponding? M ❑ ❑ ❑ Is the sand filter effluent re-circulated at a valid ratio? ❑ ❑ #Is the sand filter surface free of algae or excessive vegetation? ❑ ❑ 0 ❑ #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) ❑ ❑ M ❑ Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? M ❑ ❑ ❑ i Are the tablets the proper size and type? ❑ ❑ ❑ Number of tubes in use? 2 Page# 3 Permit: NCG551295 Owner-Facility: 425 Hall Town Road Inspection Date: 05/04/2015 Inspection Type: Compliance Evaluation Disinfection-Tablet Yes No NA NE� Is the level of chlorine residual acceptable? ❑ ❑ ❑ ■ Is the contact chamber free of growth, or sludge buildup? 0 ❑ 0 El Is there chlorine residual prior to de-chlorination? ❑ ❑ ❑ Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ ❑ 0 ❑ Is storage appropriate for cylinders? ❑ ❑ ■ ❑ #Is de-chlorination substance stored away from chlorine containers? ❑ ❑ 0 ❑_ Comment: Are the tablets the proper size and type? ❑ ❑ ❑ Are tablet de-chlorinators operational? ❑ M ❑ ❑ Number of tubes in use? 2 Comment: Repair end caps on the de-chlor tubes and use de-clor tablets as indicated on the permit. Effluent Pipe Yes No NA 'NE Is right of way to the outfall properly maintained? M ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? M ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ ❑ Comment: Page# 4 A74t A-- ROENR North Carolina Department of`Environment and Natural Resources Pat McCrory,Governor John E.Skvarla III,Secretary I. Please enter the CoC number for which the change is requested. Certificate of Coverage 5 I cCi, II. Please provide the following for the requeste change(revised permit). a. .Request for change is a result of Change in ownership of the residence/property E] Name change of the facility or owner If other please explain: b. Permit will be issued to(company name, if applicable): a. Person legally responsible for permit: First MI Last Title Permit Holder Mailing Address City State Zip Phone E-mail Address d. Facility name(discharge): e. Facility address: Address City State Zip f. Facility contact person: First MI Last ( ) Phone E-mail Address IIL Permit contact information(if different from the person legally responsible for the permit) Permit contact: First MI Last Title Mailing Address City State Zip Phone E-mail Address Will this permitted facility continue to discharge the same volume and type of wastewater as prior to this ownership or name change? ❑ Yes No(please explain) Revised 212009 NCG550000 OWNERSHIP VL Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: ❑ This completed application is required for both name change and/or ownership change requests. ❑ Legal documentation of the transfer of ownership(such as relevant pages of a contract deed, or a bill of sale)is required for an ownership change request. Articles of incorporation are not sufficient for an ownership',change. ......,........:............................:.. ....................:.. ...... ....................... ............. The certifications below must be completed and signed by the new applicant in the case of an ownership change request. APPLICANT CERTIFICATION L - attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included,this application package will be returned as incomplete. Signature Date- ...... ........................... PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: NC DENR/DWR/NPDES 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Revised 7/2008 NWENR North Carolina Department of Environment and Natural Resources rat McCrory Donald R. van der Vaart Governor Secretary May 8, 2015 Ms. Marjorie Davis 5137 US Hwy 64 Morganton,NC 28655 SUBJECT: Compliance Evaluation Inspection Davis Residence Permit No: NCG550935 Burke County Dear Ms. Davis: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted at your 5137 US Hwy 64 on May 1, 2015. The facility was found to be in compliance with permit NCG550935 for Single Family Residence (SFR) wastewater discharge permits. Refer to the enclosed inspection report and Technical Bulletin for General Permits for SFRs for additional information. If you have any questions,please call me at 828-296-4500. Sincerely, Timothy Heim, P.E. Environmental Engineer Enclosure cc: MSC 1617-Central Files-Basement WQ Asheville Files G:\WR\WQ\Burke\Wastewater\GeneraINCG55 Single Family Residences\NCG550935 David\NCG550935 CEI 4 15.doc 2090 U.S.Hwy.70,Swannanoa,North Carolina 28778 Phone:828-296-4500\Internet:www.ncdenr,gov An Equal Opportunity i Affirmative Action Employer—Made in part by recycled paper United States Environmental Protection Agency Form Approved: Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e. PCS) ansaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 15 1 3 I NCG550935 I11 12 15/05/01 117 18 ICJ 191 G I 20 Lj 211 --1- 1 1 1 1 1 1 1 1 11 1 1 1 1 1 I 1 I 1 1 1 1 I 1 1 1 1 1 I 1 1 1 1 11 1 1 1 I I r6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -----Reserved-------------- 67 70 I I 71 [ 72 I NJ 731 I 174 751 1 ( 1 1 ( 1 180 Section B:Facility Data l Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective bate POTW name and NPDES permit Number) 01:45PM 15/05/01 13/08/01 5137 U.S.Highway 64 5137 U S Hwy 64 Exit Time/Date Permit Expiration Date Morganton NC 28655 02:15PM 15/05/01 18/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Herbert E Davis,5137 U S Hwy 64 Morganton NC 28655//828-584-8553/ No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance N Records/Reports Facility Site Review Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspectors) Agency/Office/Phone and Fax Numbers Date Timothy H Heim ARO WQ//828-296-4665/ e- x r (yJ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers te. <> l \ ,EPA Form 3560-3(Rev 9-9944)>Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (Cont.) 3( NCG550935 I11 12 15/05/01 17 18 I ' Section D:Summary of Finding/Comments(Attach additional sheetsof narrative and checklists as necessary) Mrs. Davis (Permitee)was not home at the time of the inspection, I spoke with her son Philip. He- related that she is aware of the system location, components and purpose and is not experiencing any problems with it. The yard and landscaping around the system are well maintained and accessible. I was not able to open the chlorine contact chamber to observe if tablets were present. I inspected the location of the effluent discharge pipe as indicated on the plans. I was not to`visualize the end of the pipe due to vegetation,but the stream appeared free of adverse impacts. - Chlorination tablets must be placed within the tubes for the system to effectively treat the wastewater prior to discharge. Make sure the chlorination tablets are certified for wastewater use. Wastewater tablets are not the same type as those used for swimming pools. Page# 2 NCG550935 Owner-Facility: 5137 U.S.Highway 64 ,ate; 0 5/0 112 0 1 5 Inspection Type: Compliance Evaluation fit Yes No NA NE kif the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ M El application? Is the facility as described in the permit? M ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ❑ ❑ Is access to the plant site restricted to the general public? 0 ❑ Is the inspector granted access to all areas for inspection? 0 ❑ ❑ ❑ Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable ❑ 0 El Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: Septic Tank Yes No NA NE (If pumps are used) Is an audible and visual alarm operational? ❑ ❑ ❑ Is septic tank pumped on a schedule? ■ ❑ ❑ ❑ Are pumps or syphons operating properly? ❑ ❑ ❑ Are high and low water alarms operating properly? ❑ ❑ M ❑ Comment: Sand Filters (Low rate) Yes No NA NE (if pumps are used) Is an audible and visible alarm present and operational? ❑ ❑ M ❑ Is the distribution box level and watertight? ❑ ❑ ❑ Is sand filter free of ponding? 0 ❑ ❑ ❑ Is the sand filter effluent re-circulated at a valid ratio? ❑ ❑ 0 ❑ #Is the sand filter surface free of algae or excessive vegetation? ❑ ❑ ❑ #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) ❑ El ❑ Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ❑ ❑ ❑ ' Are the tablets the proper size and type? ❑ ❑ ❑ Number of tubes in use? 2 Page# 3 Permit: NCG550935 Owner-Facility: 5137 U.S.Highway 64 Inspection Date: 05/01/2015 Inspection Type: Compliance Evaluation Disinfection-Tablet Yes No NA NE� Is the level of chlorine residual acceptable? ❑ ❑ Is the contact chamber free of growth, or sludge buildup? ❑ ❑ ❑ Is there chlorine residual prior to de-chlorination? ❑ ❑ ❑ -0 Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ® ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ ❑ Comment: Page# 4 North Carolina Department of Environment and Natural Resources teat McCrary Donald R. van der Vaart Governor Secretary May 8,2015 Ms. Cynthia Treavor Jones 17A Solid Rock Hollow Sylva,NC 28779 SUBJECT: Compliance Evaluation Inspection 17A Solid Rock Hollow Permit No: NCG551554 Jackson County Dear Ms. Treavor Jones: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted at your 17A Solid Rock Hollow on May 4,2015. The facility was found to be in compliance with permit NCG551554 for Single Family Residence (SIR) wastewater discharge permits. Refer to the enclosed inspection report and Technical Bulletin for General Permits for SFRs for additional information. If you have any questions,please call me at 828-296-4500. Sincerely, Timothy Heim, P.E. Environmental Engineer Enclosure cc: MSC 1617-Central Files-Basement WQ Asheville Files G:\WR\WQ\Jackson\Wastewater\General\NCG55 SFR\SFR's NCG55\NCG551554\NCG551554 CEI 5-15.doc 2090 U.S.Hwy.70,Swannanoa,North Carolina 28778 Phone:828-296-4500\Internet:www.ncdenr.gov An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper �� �� \.i' United States Environmental Protection Agency Form Approved. Washington,D.C.20460 OMB No.2040-0057 Water,Compliance Inspection Report approval expires 8-31-98 Section A:National Data System Coding(i.e., PCS) ansaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 15 I 3 I NCG551554 I11 12 15/05/05 17 18 I C I 191 S I 20' f 21111111 1111111111111111111 ( 11111 1111111 11 f6 Inspection Work Days _ Facility Self-Monitoring Evaluation Rating B1 _ QA -_ ----------------Reserved--------------- 671 70 I I 71 ( I 72 731 1 174 751 1 11 1 [ �80 Sectlion B:Facility Data LJ I I 1 Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 02:48PM 15/05/05 13/08/01 17A&17B Solid Rock Hollow 17 Solid Rock Hollow Exit Time/Date Permit Expiration Date Sylva NC 28779 03:10PM 15/05/05 18/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Cynthia Trevor Jones,17-A Solid Rock Hollow Sylva NC 28779M tf No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance N Records/Reports Facility Site Review Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Timothy H Heim ARO WQ//828.296-4665/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date / -,,EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. i Page# 1 NPDES yr/mo/day Inspection Type 31. NCG551554 111 12 15/05/05 17 18 Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The system is a SeptTech advanced treatment system. The Permittee stated that she has a contract for routine O&M on the system and it is inspected and maintained quarterly. The system components we were able to inspect appeared to be well maintained and in good working condition. No discharge was occurring at the time of the inspection. No adverse impact to the receiving stream was noted at the time of the inspection. Page# 2 NCG551554 Owner-Facility: 17A&17B Solid Rock Hollow Ate: 05/05/2015 Inspection Type: Compliance Evaluation ations& Maintenance Yes No NA NE the plant generally clean with acceptable housekeeping? -� ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS,MCRT, Settleable ❑ ❑ ❑ Solids, pH, DO,Sludge Judge, and other that are applicable? Comment: - Permit Yes No NA NE (if the present permit expires in 6 months orless). Has the permittee submitted a new ❑ ❑ application? Is the facility as described in the permit? 0 ❑ ❑ ❑; #Are there any special conditions for the permit? ❑ 0 0 Is access to the plant site restricted to the general public? ❑ ❑ :❑ Is the inspector granted access to all areas for inspection? ❑ ❑ Comment: Septic Tank Yes No NA NE (If pumps are used) Is an audible and visual alarm operational? ❑ ❑ ❑ Is septic tank pumped on a schedule? ❑ ❑ ❑ Are pumps or syphons operating properly? 0 ❑ ❑ ❑ Are high and low water alarms operating properly? 0 ❑ ❑ ❑ Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ❑ ❑ ❑ e Are the tablets.the proper size and type? ❑ ❑ ❑ Number of tubes in use? Is the level of chlorine residual acceptable? ❑ ❑ ❑ Is the contact chamber free of growth, or sludge buildup? ❑ ❑ ❑ Is there chlorine residual prior to de-chlorination? ❑ ❑ ❑ Comment: De-chlorination Yes No NA NE Type of system? Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ ❑ ❑ Is storage appropriate for cylinders? ❑ ❑ ❑ 0 Page# 3 Permit: NCG551554 Owner-Facility: 17A&17B Solid Rock Hollow Inspection Date: 05/05/2015 Inspection Type: Compliance Evaluation De-chlorination Yes No NA NCB #Is de-chlorination substance stored away from chlorine containers? ❑ ❑ ❑ Comment: Are the tablets the proper size and type? ❑ ❑ ❑ Are tablet de-chlorinators operational? ❑ ❑ ❑ 0- Number of tubes in use? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? M ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ `0 El Comment: Page# 4 A rr r►r�.r: 7 MCDENR North Carolina Department of Environment and Natural Resources ,�.;rory Donald R.van der Vaart ,vernor Secretary May 8, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7014 0510 0000 4466 6099 Anthony K.Staley Horsehead Corporation 484 Hicks Grove Road Mooresboro, N.C.28114 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE NOV-2015-DV-0106(Incident#201500668) Horsehead Corporation Rutherford County Dear Mr.Staley: Saturday,April 25,,2015, depleted aqueous electrolyte solution was released due to failure of an elevated process .,feline at the site. Reportedly,the majority,ofthe release was contained onsite during recovery efforts; however,an estimated 4000 gallons of this solution mixed with storm water reached a dirt road, approximately 100 feet to the north, and an adjacent earthen drainage ditch.Solution reaching the earthen ditch was conveyed offsite to an unnamed, intermittent stream leading to the Broad River. Based on an initial review of chemical information associated with the depleted aqueous electrolyte solution, primary constituents of concern consist of metals,especially cadmium,lead,and zinc.Additionally,the aqueous solution contained sulfuric acid with a pH range of 1 to 3 standard units. Instream pH was monitored by the Division of Water Resources in both the unnamed tributary and the Broad river upstream and downstream of-the spill.The unnamed tributary displayed low pH both upstream and downstream of the spill.The Broad River pH was within normal ranges both upstream and down of the confluence with the unamed tributary.Samples for the analyses of metals were not collected at the time of the spill response. Violations As a result of the above-referenced observations on April 25, 2015,the following violations are noted: (1) illegal discharge Violation I. Discharge Without a Valid Permit G.S. 143-215.1 (a)states that no person shall do any of the following things or carry out any of the following,activities unless that person has received a permit from the Commission and has complied with all conditions set forth in the permit: G.S. 143-215.1(a)(1) Make any outlets into the waters of the State. Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-2964500 FAX:828-299-7043 Internet:http://portal.ncdenr.org/web/wq An Equal Opportunity 1 Affirmative Action Employer Anthony K.Staley May 8,2015 Page 2 of 2 Required Response This Office requests that you respond to this letter in writing within 30 days of receipt of this Notice. Your response should be sent to this Office at the letterhead address. Your response should address the following items: 1. Please submit a report assessing the cause,significance,and extent of the release. In this report, include when you ceased discharging to the waters of the State.The report should contain details of estimated solution released,conditions under which the solution was released and chemical composition of the solution. Please include specific details as to why secondary containment and spill prevention measures failed during the release.You are to include a narrative describing the operational condition of the containment structures(e.g., pond,grates,etc.) prior to and during the release.You are also to submit a timeline of events that occurred on April 25,2015 associated with the release. 2. Please submit a plan listing all actions you will take to prevent future releases including any enhancements to secondary containment structures or changes in operation and maintenance of existing containment structures.Your comments should address but are not limited to the following issues:secondary containment issues within the plant,spill response plan, preventative.maintenance on your piping system and storm drains,etc. Remedial actions should be taken to correct this problem.The Division of Water Resources is considering pursuing enforcement action for this violation.The violations are subject to civil penalties up to$25,000.00 per day for each violation as per G.S.143-215.6A. This office requires that the violations,as detailed above,be abated immediately and properly resolved. 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 Resources regarding these issues and any future/continued violation_s that may be encountered. `J Your above-mentioned response to this correspondence will be considered in this process. If you have any question regarding this policy please contact your Asheville Regional Staff,or Jeff Menzel at 828-296 4500 or jeff.menzel@ncdenr.gov: Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc: Tim Harris, Environmental Manager(via email) Brent Burch-NCDENRDWM HWS(via email) WQ Asheville Files MSC 1617-Central Files-Basement WQ Enforcement NCDENR North Carolina Department of Environment and Natural Resources ,(McCrory Donald.R. van der Vaart Governor Secretary' May 8, 2015 Mr. Edward Wall P.O. Box 1693 Morganton,NC 28680 SUBJECT: Compliance Evaluation Inspection Wall Residence Permit No: NCG550189 Burke County Dear Mr. Wall: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted at your 6385 Hemlock Road on May 1, 2015. The facility was found to be in compliance with permit NCG550189 for Single Family Residence (SFR) wastewater discharge permits. Refer to the enclosed inspection report and Technical Bulletin for General Permits for SFRs for additional information. If you have any questions,please call me at 828-296-4500. Sincerely, c Timothy Heim, P.E. Environmental Engineer Enclosure cc: MSC 1617-Central Files-Basement WQ Asheville Files G:\WR\WQ\Burke\Wastewater\General\NCG55 Single Family Residences\NCG550189 Wall\NCG550189 CEI 4- 15.doc 2090 U.S.Hwy.70,Swannanoa,North Carolina 28778 Phone:828-296-4500\Internet:www.ncdenr,gov An Equal Opportunity 1Affirmative Action Employer—Made in part by recycled paper United States Environmental Protection Agency Form Approved. Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,PCS) ransaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 u 3 ' NCG550189 111 12 15/0510, 117 18 L CJ 191 g 1L�j 20I 21I1II I I I I I III 1 1I l l l l l I Il I I I I I I I I I I I I11 ( 11I 1 f6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ------------------Reserved----------------- 67 70 [_j 71 u 72 lL N G 73�74 751 . I 1 1 1 1 1 180 Section B:Facility Data J Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 02:45PM 15/05/01 13/08/01 6385 Hemlock Road 6385 Hemlock Rd Exit Time/Date Permit Expiration Date Jonas Ridge NC 28641 03:15PM 15/05/01 18/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Name,Address of Responsible Official/Title/Phone and Fax Number Contacted i Edward Wall,712 S Sterling St Morganton NC 28655//828-733-1453/ No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit N Operations&Maintenance N Records/Reports Facility Site Review Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Timothy H Heim ARO WQ//828-296-4665/ CAL s`��sIIS - o 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' NCG550189 '11 121 15/05/01 17 18 u Section D:Summary of Findinging/Comments(Attach additional sheets of narrative and checklists as necessary) The property was well maintained but densely vegetated. I was not able to locate any of the wastewater system components or the discharge pipe.No adverse impacts to the receiving stream were observed. The property appears to be used infrequently as a vacation home. Page# 2 x NCG550189 Owner-Facility: 6385 Hemlock Road Date: 05/01/2015 Inspection Type: Compliance Evaluation -rations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable ❑ ❑ ❑ ❑ Solids, pH, DO, Sludge Judge,and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ ■ ❑ application? Is the facility as described in the permit? ® ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ M ❑ ❑ Is access,to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? 0 ❑ ❑ ❑ Comment: Page# 3 NCDENR North Carolina.Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary May 8,2015 W. Frank Merritt, General Manager Bold Rock Partners LP 114 Chattooga Run Hendersonville, NC 28739 Subject: Permit No.WQ0037751 Bold Rock Partners LP Bold Rock Cidery Pump Station Wastewater Collection System Extension Permit Henderson County Dear Mr. Merritt: In accordance with your application received,April 28th, 2015, we are forwarding herewith Permit No. WQ0037751 dated May 8th, 2015, to Bold Rock Partners LP (Permittee) for the construction and operation upon certification 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 the following conditions contained within this permit: Condition 11.1: This permit shall not be automatically transferable; a request must be made and approved. Condition 11.4: 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. It shall be responsibility of the Permittee 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. 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. 2090 U.S.70 Highway,Swannanoa,NC 28778 Phone:828-296-4500\Internet:www.ncwatergualitV.org An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper Bold Rock Partners LP Permit No.WQ0037751 If you need additional information concerning this matter, please contact Tim Heim at(828) 296-4500 0�.. via e-mail at tim.heim@ncdenr.gov. Sincerely, for S.Jay Zimmerman, Director Division of Water Resources, NCDENR by G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDENR cc: William R. Buie, P.E. Project Engineer Kevin Johnson-MSD of Buncombe County(electronic copy) Natalie J. Berry-Cane Creek Sewer District (electronic copy) Asheville Regional Office Files Water Resources Central Files PERCS(electronic copy) G:\WR\WQ\Henderson\Collection Systems\Cane Creek Water&Sewer District\WQC0037751J Bold Rock Cidery FT.docx Page 2 of 9 Ain, a 8 6 � STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT 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 Bold Rock Partners LP (City of Hendersonville) Henderson County for the construction and operation of a 60—gallon per minute pump station with duplex pumps, on-site audible and visual high water alarms, telemetry, and a permanent generator with automatic transfer switch; as well as approximately 1,365 linear feet of 3-inch force main to serve the proposed 15 employee Bold Rock Cidery as part of the Bold Rock Cidery Pump Station project, and the discharge of 10,825 gallons per day of collected domestic and industrial wastewater into the Cane Creek Sewer District's existing sewerage system, pursuant to the application received April 28th, 2015, 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. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. for S.Jay Zimmerman, Director` Division of Water Resources, NCDENR By Authority of The Environmental Management Commission Permit Number: WQ0037751 Permit Issued: May 8,2015 Page 3 of 9 SUPPLEMENT TO PERMIT COVER SHEET Bold Rock Partners LP is hereby authorized to: Construct, and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the MSD of Buncombe County Wastewater Treatment Facility in accordance with Permit Number NC0024911. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T, the Division's 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 a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions and any Special Conditions identified below. I. SPECIAL CONDITIONS 1. This permit shall become voidable unless the agreement between BOLD ROCK PARTNERS LP and Cane Creek Sewer District and/or MSD of Buncombe County for the collection and final treatment of wastewater is in full force and effect. [15A NCAC 02T.0304(h)] 2. Each pump station shall be clearly and conspicuously posted using a weatherproof sign with a pump station identifying name/number, 24-Hour Emergency telephone number, and name of the owner/operator of the,sewer system/pump station and instructions to call the number in the event of alarm activation or other emergency. [15A NCAC 02T.0305(h)(2)] II. STANDARD CONDITIONS - 1. 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. [15A NCAC 02T.0104; G.S 143-215.1(d3)] 2. 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's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Punp Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. [15A NCAC 02T.0110] 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. [15A NCAC 02T.0110] Page 4 of 9 wastewater collection facilities shall be properly maintained and operated at all times. The rmittee 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: [15A NCAC 02T.0108(b)]: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency,preventative maintenance schedule, spare parts inventory and overflow response has been 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-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 213.0506(a) and public notice shall be provided as required by North Carolina General Statute§143-215.1C: h'. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors,enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems, the Grease Control Program shall include at least bi- annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1)and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained`in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a) through(i) of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. Page 5 of 9 5. The Permittee shall report by telephone to a water resources staff member at the Asheville Ri�,, Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hog, 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 SSO and/or spill over 1,000 gallons;or c. Any SSO and/or spill, regardless of volume,that reaches surface water 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 and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. 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. [G.S. 143- 215AC(a1)] 6. 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. [15A NCAC 02T.0108(b)] 7. 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. 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. If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: a. One copy of the project construction record drawings (plan & profile views of sewer lines & force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc. b. One copy of the supporting applicable design calculations including pipe and pump sizing, velocity, pump cycle times, and level control settings, pump station buoyancy, wet well storage, surge protection, detention time in the wet well, and force main, ability to flush low points in force mains with a pump cycle, and downstream sewer capacity analysis. If a portable power Page 6 of 9 source or pump is dedicated to multiple stations, an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable power source or pump, include travel timeframes,shall be provided. c. Changes to the project that do not result in non-compliance with this permit, regulations,or the Minimum Design Criteria should be clearly identified on the record drawings, on the certification in the space provided,or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non-compliance with this permit (including pipe length increases of 10% or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the number/type of connections), regulations, or the Minimum Design Criteria. Requested modifications or variances to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After-construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification&activation. [15A NCAC 02T.0116] 8. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined, a slope variance can be requested from the Division with firm supporting documentation. This shall be done through a permit modification with fee.. Such variance requests will be evaluated on a case-by-case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification. [ 15A NCAC 02T.0105(n)] 9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. [15A NCAC 02T.0116] 10. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. [15A NCAC 02T.0104;15A NCAC 02T.0108(b-c)] 11. 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. [15A NCAC 02T.0110; 15A NCAC 02T.0108(b)] 12. 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 the Division any other Federal, State, or Local government agencies which have jurisdiction or obtaining other permits which maybe required by the Division or any other Federal,State,of Local government agencies. [G.S. 143-215.1(b)] Page 7 of 9 THIS PAGE INTENTIONALLY LEFT BLANK. Page 8 of 9 FAST TRACK SEWER ENGINEERING CERTIFICATION fTEE: BOLD ROCK PARTNERS LP .cMIT#: WQ0037751 PROJECT: BOLD ROCK CIDERY PUMP STATION ISSUE DATE: May 8,2015 This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the Division has received this Certification and all required supporting documentation. It should be submitted in a manner that documents the Division's receipt. Send the required documentation the Regional Supervisor, Water Quality Regional Operations Section at the address at the bottom. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up until a final certification is received. A Final Certification shall be a complete set of record drawings and design calculations regardless of whether partials have been submitted. PERMITTEE'S CERTIFICATION I,the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name,Title Signature Date ENGINEERS CERTIFICATION I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, r full time) the construction of the Bold Rock Cidery Pump Station and location as referenced above for the above 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 02T, the Division of Water Resources' (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 w/signature &date: ❑ Final ❑ Partial(include description) ....................................................................... Certification Comments/Qualifiers(attach if necessary): NC DWR—Water Quality Regional Operations Section 2090 U.S.70 Highway,Swannanoa, NC 28778 Asheville Regional Office Phone: (828)-296-4500 FAX:(828)-299-7043 North Carolina Department of Environment and Natural Resources ,-,at McCrory Donald R. van der Vaart Governor Secretary May 11, 2015 Francis and Joy Shea 551 Valley View Drive Clyde,NC 28721 Re: Geothermal Heating/Cooling Water Return Well Analytical Results Permit No. WI0100339 Haywood County,NC Dear Mr. and Mrs. Shea: On March 30,2015, I collected influent and effluent samples from your geothermal well located at 551 Valley View Drive,Clyde,North Carolina. The water samples were collected as required in Condition III.1 of injection well permit WI0100339. Analytical results for both the influent and effluent samples were all below the North Carolina Administrative Code (NCAC) Title 15A 02L .0202 groundwater standards. A copy of the analytical results is attached. If you have any questions regarding the results please contact me at(828) 296-4684. Sincerely, AL htv-(" Andrew Moore Water Quality Regional Operations Section Asheville Regional Office Attachment: Laboratory Analytical Results cc: ARO'File Michael Rogers,DWR Central Office North Carolina Division of Water Resources--Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,N.C. 28778 Phone(828)296-4500 FAX (828)299-7043 Internet: http://portal.ncdenr.org/weblwq/ An Equal Opportunity/Affirmative Action Employer ��-. Imo, ,JD Sample ID: 'Al AC18053 PO Number# 16GO103 SRO Date Received: 0 4/0112 0 1 6 A MOORE p Time Received: 08:16 ARO Labworks LoginlD TASCENZ01 Final Report Date: 5/5115 ale Matrix: GROUNDWATER sc.Type: INFLUENT Fllna� �ep011t Report Print Date: 05/08/2015 Emergency Yes/No VisitlD COC Yes/No Loc.Descr.: SHEA GEO WATER RETURN WELL Location ID: 1P044WI00100339INF Collect Date: 03/30/2016 Collect Time: 14:16 Sample Depth If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. CAS# Analyte Name PQL Result/ Units Method Anal r�si's Validated by Qualifier Reference Date LAB Sample temperature at receipt by lab 0.9 °C 4/1/15 MSWIFT WET Ion Chromatography _TITLE_ mg/L EPA 300.0 rev2.1 5/1/15 CGREEN Chloride 1.0 2.8 Q2 mg/L EPA 300.0 rev2.1 4/9/15 CGREEN Fluoride 0.4 0.4 U,J2,Q mg/L EPA 300.0 rev2.1 4/9/15 CGREEN Sulfate 2.0 5.402 mg/L EPA 300.0 rev2.1 4/9/15 CGREEN Bromide 0.4 0.4 U,Q2 mg/L EPA 300.0 rev2.1 4/9/15 CGREEN NUT NO2+NO3 as N in liquid 0.02 1.3 mg/L as N EPA 353.2 REV 2 4/2/15 CGREEN Nitrate as N In liquid 0.02 1.3 mg/L as N EPA 353.2 REV 2 4/6/15 CGREEN Nitrite as N In liquid 0.01 0.01 U mg/L as N EPA 353.2 REV 2 4/1/15 CGREEN MET 7429-90-5 Al by ICP 50 50 U ug/L EPA200.7 4/9/15 ESTAFFORD1 7440-38-2 As by ICPMS 2.0 2.0 U ug/L EPA200.8 4/9/15 ESTAFFORD1 7440-70-2 Ca by ICP 0.10 6.1 mg/L EPA200.7 4/8/15 ESTAFFORD1 7440-47-3 Cr by ICPMS 10 IOU ug/L EPA200.8 4/9/15 ESTAFFORDI 7440-50-8 Cu by ICPMS 2.0 47 ug/L EPA 200.8 4/9/15 ESTAFFORDI 7439-89-6 Fe by ICP 50 50 U ug/L EPA200.7 4/9/15 ESTAFFORDI 7440-09-7 K by ICP 0.10 2,4 mg/L EPA200.7 4/8/15 ESTAFFORD1 7439-95-4 Mg by ICP 0.10 1.8 mg/L EPA200.7 4/8/15 ESTAFFORD1 7439-96-5 Mn by ICP 10 IOU ug/L EPA200.7 4/9/1.5 ESTAFFORD1 7440-23-5 Na by ICP 0.10 3.5 mg/L EPA200.7 4/8/15 ESTAFFORD1 7440-02-0 Ni by ICPMS 2.0 3.3 ug/L EPA200.8 4/9/15 ESTAFFORDI 7439-92-1 Pb by ICPMS 2.0 4.7 ug/L EPA200.8 4/9/15 ESTAFFORDII 7440-66-6 Zn by ICPMS 10 160 ug/L EPA200.8 4/9/15 ESTAFFORDI Laboratory Section>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 For a detailed description of the qualifier codes refer fo _Q„yor<�;nceenr.or web�ngLa��stafinflo te atcq stfjLgq-CAL R H; gt C J.j<.fi y{Lorca;,nraenr.a�/welwy/_J�iaRnnpLAchassisn Page 1 of 2 ArC DWQ Ga6oratory Section Wr§Mts Location ID: 1P044WI00100339INF Sample ID: AC18063 Collect Date: 0 3/3 012 01 6 Collect Timt MET Result/ Method Analysis CAS# Analyte Name PQL Qualifier Units Reference Date Sample Comments WET:IC-J2-estimated-FLOURIDE QCS FAILURE,ANALYZED OUTSIDE OF HOLD TIME j Laboratory Section>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 For a detailed description of the qualifier codes refer to,�Wq',�,�_ra(, er,L,o ehpa4,�,_taenrta te:na raoaCa QUa�e=r CeJes<htal[oorc.i_ncd_.oreiwct!5yj:aU stafinfio�l:echa. sn Page 2 of 2 JD Sample Sample ID: AC18052 PIT tiQ PO Number# 1SG0102 .SRO Date Received: 04/01/2016 A MOORE Time Received: 08:15 Labworks LoginlD TASCENZ01 ARO Final Report Date: 5/5/15 lie Matrix: GROUNDWATER ic.Type: EFFLUENT FIna1 dbbi t Report Print Date: 05/08/2016 Emergency Yes/No VisitlD COC Yes/No Loc.Descr.: SHEA GEO WATER RETURN WELL Location ID: 1P044Wi00100339EFF Collect Date: 03/30/2016 Collect Time: 14:50 Sample Depth If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. CAS# Analyte Name PQL Result/ Units Method Analysis Validated by Qualifier Reference Date LAB Sample temperature at receipt by lab 0.9 °C 4/1/15 MSWIFT WET Ion Chromatography TITLE mg/L EPA 300.0 rev2.1 5/1/15 CGREEN Chloride- 1.0 6.2 Q2 mg/L EPA 300.0 rev2.1 419115 CGREEN Fluoride 0.4 0.4 U,J2,Q mg/L EPA 300.0 rev2.1 4/9/15 CGREEN Sulfate 2.0 3.9 Q2 mg/L EPA 300,0 rev2.1 419/15 CGREEN Bromide 0.4 0.4 U,Q2 mg/L EPA 300,0 rev2.1 4/9115 CGREEN NUT NO2+NO3 as N in liquid 0.02 1.3 mg/L as N EPA 353.2 REV 2 4/2/15 CGREEN Nitrate as N in liquid 0.02 1.3 mg/L as N EPA 353.2 REV 2 4/6115 CGREEN Nitrite as N in liquid 0.01 0.01 U mg/L as N EPA 353.2 REV 2 4/1/15 CGREEN MET 7429-90-5 Al by ICP 50 50 U ug/L EPA200.7 4/9/15 ESTAFFORDI 7440-38-2 As by ICPMS 2.0 2.0 U ug/L EPA200.8 4/9/15 ESTAFFORDI 7440-70-2 Ca by ICP 0.10 6.3 mg/L EPA200.7 4/8/15 ESTAFFORDI 7440-47-3 Cr by ICPMS 10 IOU ug/L EPA200.8 4/9/15 ESTAFFORDI 7440-50-8 Cu by ICPMS 2.0 20 ug/L EPA200.8 4/9/15 ESTAFFORDI 7439-89-6 Fe by ICP 50 50U ug/L EPA200.7 4/9115- ESTAFFORD1 7440-09-7 KbyICP 0.10 2.5 mg/L EPA200.7 4/8/15 ESTAFFORD1 7439-95-4 Mg by ICP 0.10 1.9 mg/L EPA200.7 4/8115 ESTAFFORD1 7439-96-5 Mn by ICP 10 IOU ug/L EPA200.7 4/9/15 ESTAFFORD1 7440-23-5 Na by ICP 0.10 3.6 mg/L EPA200.7 4/8/15 ESTAFFORD1 7440-02-0 Ni by ICPMS 2.0 2.1 ug/L EPA200.8 419/15 ESTAFFORDI 7439-92-1 Pb by ICPMS; 2.0 2.0 U ug/L EPA200.8 4/9115 ESTAFFORD1 7440-66-6 Zn by ICPMS 10 54 ug/L EPA200.8 4/9/15 ESTAFFORDI Laboratory Section»1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 For a detailed description ofthe qualifier codes refer to ntp;Lpo_r_.ai.n�aenr.ar weebb!wt�layLs afi 90 tecpasxist#Data gtiaiire�code_<ht°..j(.�qr,�i,amen,.Q%&sp[wg�?a�wfin_rtotcechass±sn Page 1 of 2 NC DWQ La6oratory Section iRoults Location ID: 1P044WI00100339EFF Sample ID: AC18062 Collect Date: 0 3/3 012 01 6 Collect Tima. MET Result/ Method Analysis CAS# Analyte Name PQL Qualifier Units Reference Date Sample Comments WET:IC-J2-estimated-FLOURIDE QCS FAILURE,ANALYZED OUTSIDE OF HOLD TIME Laboratory Section>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 For a detailed description of the qualifier codes refer to r_:(lponai.n::aenr.r wg,Lg[lab,taB,nHa techasfstkbatse_ifier Cod JLpo l.nctlenr.orgLebjw l,taNnN chass�sb Page 2 of 2 ,oD Sample ID: AC18081 Arai' PO Number# ARO .nRO Date Received: 03/3 012 01 6 CrK Time Received: 15:60 A MOORE ARIDLabworks LoginlD KJIMISON2 ,ie Matrix: GROUNDWATER Final Report Date: 5/4l15 .dc..Type: INFLUENT Flna� Rep01 t Report Print Date: 05/08/2015 Emergency Yes/No VisitlD COC Yes/No Loc.Descr.: SHEA GEO WATER RETURN WELL Location ID: 1PO44WI00100339INF Collect Date: 03/30/2016 Collect Time: 14:15 Sample Depth If this report is labeled preliminary report,the results;have not been validated..Do not use for Regulatory purposes. CAS# Analvte Name PQL Result/ Units Method Analysls Validated by Qualifier Reference Date Others Sample temperature at receipt by lab 3.9 °C 3130/15 RBYRD Coliform, MF Fecal In liquid 1 1 B2 CFU/100ml APHA9222D-20th 3/30/15 ESTAFFORDI Coliform, MF Total in liquid 1 1 B2 CFU/100ml APHA92226-20th 3/30/15 ESTAFFORDI Total Dissolved Solids In liquid 12 64 mg/L APHA2540C-18TH 4/6/15 ESTAFFORDI Alkalinity to pH 4.5 of liquid _TITLE_;, mg/LasCaCO3 APHA2320B-20th 4/10/15 ESTAFFORDI Alkalinity4.5 1.0- 22 mg/LasCaCO3 APHA232013-20th' 4/10/15 ESTAFFORD1 Alkallnity8.3 1.0 1 U mg/LasCaCO3 APHA232013-20th 4/10/15 ESTAFFORDI Bicarbonate 1.0 .22 mg/LasCaCO3 APHA23208-20th 4/10/15 ESTAFFORDI Carbonate 1.0 1 U mg/Las CaCO3 APHA23208-20th 4/10/15 ESTAFFORDI pH—Alkalinity 7.6 mg/LasCaCO3 APHA232013-20th 4/10/15 ESTAFFORDI Laboratory Section>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 For a detailed description ofthe qualifier codes refer to bt:::: rcal_nceeng�web// lau sta,Hnfiohecnassfuaoaca_Quaiifi�_cedes<htg;��,por�i.cdenq�.fg�f�[;abj�afinfi�:echasfst>, Page 1 of 1 County: HAYWOOD VFIi Sample ID: A� River Basin s33 PO Number# ARO�\ Report To ARO rAr`gC: €3y; Date Received: 0 3/3 012 01 5 =t Time Received: 15:60 Collector: A MOORE Labworks LoginlD KJIMISON2 Region: ARO Final Report Date: 5/4115 Sample Matrix: GROUNDWATER Loc.Type: EFFLUENT �Ilta� R@pOYtl Report Print Date: 05/08/2015 Emergency Yes/No VisitlD COC Yes/No Loc.Descr.: SHEA GEO WATER RETURN WELL Location ID: 1P044WI00100339EFF Collect Date: 0 3/3 012 01 6 Collect Time: 14:60 Sample Depth If this report is labeled preliminary report,the results have not been validated Do not use for Regulatory purposes. Result/ Method Analysis validates by CAS# Analvte Name PQL -Units - .Qualifier Reference Date Others Sample temperature at receipt by lab 3.9 °C 3/30/15 RBYRD Coliform,MF Fecal In liquid 1 1 B2 CFU/100ml APHA9222D-20th 3/30/15 - ESTAFFORDI Coliform, MF Total In liquid 1 1 B2 CFU/100ml APHA9222B-20th 3130/15 ESTAFFORD1 Total Dissolved Solids in liquid 12 65 mg/L APHA2540C-18TH' 4/6/15 ESTAFFORD1 Alkalinity to pH 4.5 of liquid _TITLE_ mg/L as CaCO3"APHA23208-20th 4/10/15 ESTAFFORDI Alkafinity4.5 1.0 22 mg/Las CaCO3 APHA2320B-20th 4/10/15 ESTAFFORDI Alkalinity8.3 1.0 1 U mg/LasCaCO3 APHA2320B-20th 4/10/15 ESTAFFORD1 Bicarbonate 1.0 22 mg/LasCaCO3 APHA2320B-20th 4/10/15 ESTAFFORD1 Carbonate 1.0 1 U mg/L as CaCO3 APHA2320B-20th 4/10/15 ESTAFFORD1 pH—Alkalinity mg/LasCaCO3 APHA2320B-20th 4/10/ 5 ESTAFFORDI 7.d_ 1 Laboratory Section>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 Fore detailed description ofthe qualifier codes referto'��porzai;,cuenr. jwEa y l u,taflne.�nec,as_iscuoaca garner cores ante,;[;,pori<i ncden:;pr wee n• ab:xarnfte-_hassist_+ Page 1 of 1 North Carolina Department of Environment and Natural Resources r'at McCrory - Donald R. van der Vaart Governor Secretary May 11,20115 Francis and Joy Shea 551 Valley View Drive Clyde,NC 28721 Re: Geothermal Heating/Cooling Water Return Well Analytical Results Permit No. WI0100339 Haywood County,NC Dear Mr. and Mrs. Shea: On March 30,2015,I collected influent and effluent samples from your geothermal well.located at 551 Valley View Drive,Clyde,North Carolina. The water samples were collected as required in Condition II1.1 of injection well permit WI0100339. Analytical results for both the influent and effluent samples were all below the North Carolina Administrative Code(NCAC)Title 15A 02L .0202 groundwater standards. A copy of the analytical results is attached. If you have any questions regarding the results please contact me at(828)296-4684. Sincerely, Andrew Moore Water Quality Regional Operations Section Asheville Regional Office Attachment:Laboratory Analytical Results cc: ARO File Michael Rogers,DWR'Central`Office North Carolina Division of Water Resources—Asheville Regional office 2090 U.S.Highway 70,Swannanoa,N.C. 28778 Phone(828)2964500 FAX (828)299-7043 Internet: http://portal.ncdenr.org/web/wq/ An Squat opportunity/Affirmative Action Employer JOD O V AiS�r' Sample ID: AC18063 - PO Number# 16GO103 ARO Date Received: 0410112016 •=! Time Received: 08:16 A MOORE Labworks LoginlD TASCENZ01 ARO Final Report Date: 5/5/15 iple Matrix: GROUNDWATER Loc.Type: INFLUENT Final Repoli Report Print Date: 05/08/2015 Emergency Yes/No VisitlD COC Yes/No Loc.Descr.: SHEA GEO WATER RETURN WELL Location ID: 1PO44WI00100339INF Collect Date: 03/30/2016 Collect Time: 14:16 Sample Depth /f this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. CAS# Analyte Name PQL Result/ Units Method Analysis Validated by Qualifier Reference Date LAB Sample temperature at receipt by lab 0.9 °C 4/1/15 MSWIFT WET Ion Chromatography _TITLE_ mg/L EPA 300.0 rev2.1 5/1/15 CGREEN Chloride 1.0 - 2.8 Q2 mg/L EPA 300.0 rev2.1 4/9/15 CGREEN Fluoride 0.4 0.4 U,J2,Q mg/L EPA 300.0 rev2.1 4/9/15 CGREEN Sulfate` 2.0 6.4 Q2 mg/L EPA 300.0 rev2.1 4/9/15 CGREEN Bromide 0.4 0.4 U,02 mg/L EPA 300.0 rev2.1 4/9/15 CGREEN NUT NO2+NO3 as N in liquid 0.02 1.3 mg/L as N EPA 353.2 REV 2 4/2/15 CGREEN Nitrate as N in liquid 0.02 1.3 mg/Las N EPA353.2 REV 2 4/6/15 CGREEN Nitrite as N In liquid 0.01 0.01 U mg/Las N EPA353.2 REV 2 4/1115 CGREEN MET 7429-90-5 Al by ICP 50 50 U ug/L EPA200.7 4/9/15 ESTAFFORD1 7440-38-2 As by ICPMS 2.0 2.0 U ug/L EPA200.8 4/9/15 ESTAFFORDI 7440-70-2 Ca by ICP 0.10 6.1 mg/L EPA200.7 4/8/15 ESTAFFORDI 7440-47-3 Cr by iCP(VIS 10 IOU ug/L EPA200.8 4/9115 ESTAFFORDI 7440-50-8 Cu by ICPMS 2.0 47 ug/L EPA200.8 4/9/15 ESTAFFORDI 7439-89-6 Fe by ICP 50 50 U ug/L EPA200.7 419/15 ESTAFFORD1 7440-09-7 K by ICP 0.10 2.4 mg/L EPA200.7 4/8l15 ESTAFFORD1 7439-95-4 Mg by ICP 0.10 1.8 mg/L EPA200.7 418/15 ESTAFFORD1 7439-96-5 Mn by ICP 10 IOU ug/L EPA200.7 419/15 ESTAFFORDI 7440-23-5 Na by ICP 0.10 3.5 mg/L EPA200.7 418/15 ESTAFFORD1 7440-02-0 Ni by ICPMS 2.0 3.3 ug/L EPA200.8 4/9/15 ESTAFFORD1 7439-92-1 Pb by,ICPMS 2.0 4.7 ug/L EPA200.8 4/9115 ESTAFFORDI 7440-66-6 Zn by ICPMS 10 160 ug/L EPA200.8 419/15 ESTAFFORDI Laboratory Section>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)73373908 For a detailed description of the qualifier codes referto XgR Aot a1-denr.ore/wetiu-a/la9isx3finflo ce5haasfstu�axa gyzrfle�Ccaci<, .1;_porczi,ncdenr.ire/wec!+y/:a6/;iaflnflche�cl asssn Page 1 of 2 XC 1D WQ Ga6oratory Section 2?gsurts Location ID: 1P044WI00100339INF Sample ID: AC18053 Collect Date: 03/30/2016 Collect Time';, MET Result/ Method Anal sis CAS# Analvte Name PQL Units — Qualifier Reference Date Sample Comments WET:IC-J2-estimated-FLOURIDE QCS FAILURE,ANALYZED OUTSIDE OF HOLD TIME Laboratory Section>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 Fora detailed description of qualifier codes refer to hip:i!oorcai.nmenrarq(wet't/waliad/sSpRnflo cecfiass�sruoaca uaifier cedes<nr: porm.ncdecL.gMKeb1W'gWrcar;nnoltechass t> Page 2 of 2 _iOD Sample ID: AC18052 Q AT , PO Number# 15Go102 ARO Date Received: 0 410 1/2 01 6 .. Time Received: 08:16 A MOORS Lebworks LoginlD TASCENZ01 ARO Final Report Date: 5/5/15 ,ple Matrix: GROUNDWATER eport ��na� R " Report Print Date: 05/08/2015 _0c.Type: EFFLUENT Emergency Yes/No VisitlD COC Yes/No Loc.Descr.: SHEA GEO WATER RETURN WELL Location ID: 1PO44NO0100339EFF Collect bate: 03/30/2016 Collect Time; 14:50 Sample Depth If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. Result/ Method Analysis Validated by CAS# Analyte Name PQL Qualifier Units Reference Date LAB Sample temperature at receipt by lab 0.9 °C 411115 MSWIFT WET Ion Chromatography _TITLE_ mg/L EPA 300.0 rev2.1 5/1/15 CGREEN Chloride - 1.0 62 Q2 mg/L EPA 300.0 rev2.1 4/9/15 CGREEN Fluoride 0.4 0.4'U,J2,Q mg/L EPA 300.0 rev2.1 419/15 CGREEN Sulfate 2.0 3.9 Q2 mg/L EPA 300.0 rev2.1 4/9/15 CGREEN Bromide 0.4 0.4 U,Q2 mg/L EPA 300.0 rev2.1 4/9/15 CGREEN NUT NO2+NO3 as N in liquid 0.02 1.3 mg/L as N EPA 353.2 REV 2 4/2115 CGREEN F Nitrate as N In IlgUld 0.02 1.3 mg/L as N EPA 353.2 REV 2 416/15 CGREEN Nitrite as N in liquid 0.01 0.01 U mg/L as N EPA 353.2 REV 2 4/1/15 CGREEN MET 7429-90-5 Al by ICP 50 50 U ug/L EPA 200.7 419/15 ESTAFFORD1 7440-38-2 AS by ICPMS 2.0 2.0 U ug/L EPA200.8 4/9/15 ESTAFFORD1 7440-70-2 Ca by ICP 0.10 6.3 mg/L EPA 200.7 4/8/15 ESTAFFORD1 7440-47-3 Cr by ICPMS 10 IOU - ug/L EPA200.8 419/15 ESTAFFORD1 7440-50-8 Cu by ICPMS 2.0 20 ug/L EPA200.8 4/9/15 ESTAFFORD1 7439-89-6 Fe by ICP 50 50 U ug/L EPA 200.7 4/9115 ESTAFFORD1 7440-09-7 K by ICP 0.10 2.6 mg/L EPA 200.7 4/8115 ESTAFFORD1 7439-95-4 Mg by ICP 0.10 1.9 mg/L EPA 200.7 4/8/15 ESTAFFORD1 7439-96-5 Mn by ICP 10 IOU ug/L EPA 200.7 4/9/15 ESTAFFORD1 7440-23-5 Na by ICP 0.10 3.6 mg/L EPA 200.7 4/8/15 ESTAFFORD1 7440-02-0 Ni by ICPMS 2.0 2.1 ug/L EPA200.8 4/9/15 ESTAFFORD1 7439-92-1 Pb by ICPMS 2.0 2.0 U ug/L EPA200.8 4/9/15 ESTAFFORD1 7440-66-6 Zn by ICPMS 10 54 ug/L EPA200.8 4/9/15 ESTAFFORD1 Laboratory Section>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 For a detailed description of the qualifier Codes refer to hind ai.­'erg.bhy°na fstah fi!te-ha=s(st11ttt0ata tZuailFar Code<.htE,[f oo�a1 degrprg�eV„1w 'ab scafinfto-t�ecnass�st> Page 1 of 2 NC 10WQ La6oratory Section Y(suCts Location ID: 1P044WI0010033SEFF Sample ID: AC18062 Collect Date: 03/30/2016 Collect Time:. MET Result/ Method Analysis V CAS# Analyte Name PQL Units — Qualifier Reference Date Sample Comments WET:IC-J2-estimated-FLOURIDE QCS FAILURE,ANALYZED OUTSIDE OF HOLD TIME Laboratory Section>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 For a detailed description ofthe qualifier codes referto nto://oomzl ncoenr orE/wet,w lab/stafinfia te<a,zist#bat ua@Her f e,<htgjLpomi—deny m/webIwa lab staHnNchechasstsb Page 2 of 2 JoD Sample ID: AC18081 W AF �,G PO Number# ARO ARO �,, :,; Date Received: 0 3/3 012 0 1 6 Time Received: 16:60 A MOORE Labworks LoginlD KJIMISON2 ARO Final Report Date: 5/4/15 nple Matrix: GROUNDWATER roc.-Type: INFLUENT MAU R@p0 Report Print Date: 05/08/2015 Emergency Yes/No VisitlD COC Yes/No Loc.Descr SHEA GEO WATER RETURN WELL Location ID: 1P044WI001003391NF Collect Date: 03/30/2016 Collect Time: 14:16 Sample Depth If this report is labeled preliminary report,the results have not been validated..Do not use for Regulatory purposes. CAS# Anaiyte Name PQL Result/ Units Method Analysis validated by Qualifier::. Reference. Date Others Sample temperature at receipt by lab 3.9 °C 3/30/15 RBYRD Coliform,IVIF Fecal in liquid 1 1 B2 CFU/100ml APHA9222D-20th ' 3/310/15 ESTAFFORDI Coliform,IVIF Total in liquid 1 1 B2 CFU/100ml APHA922213-20th 3/30/15 ESTAFFORD1 Total Dissolved Solids In liquid 12 64 mg/L APHA2540C-18TH 4/e/15 ESTAFFORD1 Alkalinity to pH 4.5 of liquid _TITLE_ ; mg/LasCaCO3 APHA232013-20th 4/10/15 ESTAFFORDI Alkalinity4.5 1.0 22 mg/LasCaCO3 APHA23206-20th 4/10/15 ESTAFFORD1 Alkalinity8.3 1.0 1U mg/LasCaCO3 APHA23206-20th 4/10115 ESTAFFORD1 Bicarbonate 1.0 22 mg/LasCaCO3 APHA2320B-20th: 4/10/15 ESTAFFORD1 Carbonate 1.0 1 U mg/Las CaCO3 APHA232013-20th 4/10/15 ESTAFFORD1 pH Alkalinity 7,5 mg/LasCaCO3 APHA232013-20th 4110/15 ESTAFFORD1 Laboratory Section»1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 For a detailed description of the qualifier codes refer to hin t/oonxi.nwenr orelwebt,�ypzq!s a`i HnfloJcxhas._,_s(stnoata q a�ifi�_,Ccw1;,•hto7J oor;ai-ncdena v�eb,�wg:ab naHr�2achasssn Page 1 of 1 County: HAYWOOD Sample ID: ACT, River Basin (# PO Number# ARO `� Report To ARO rs"j Date Received: 03/30/2015�. `t Time Received: 15:50 Collector: A MOORE �. Region: ARO Labworks LoginiD KJIMISON2 Sample Matrix: GROUNDWATER Final Report Date: 5/4/15 Loc.Type: EFFLUENT F111a1 Re06"A Report Print Date: 05/08/2015 Emergency Yes/No VisitlD COC Yes/No Loc.Descr.: SHEA GEO WATER RETURN WELL Location ID: 1PO44WI00100339EFF Collect Date: 0 3/3 012 01 5 Collect Time: 14:60 Sample Depth If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. CAS# Analvte Name PQL Result/ Units Method Analysis Validated by Qualifier Reference Date Others Sample temperature at receipt by lab 3.9 °c _3/30/15 RBYRD Coliform, MF Fecal in liquid 1 1 B2 CFU/100ml APHA9222D-20th 3/30/15 ESTAFFORD1 Coliform, MFTotal in liquid 1 1 132 CFU/100ml APHA9222B-20th 3130/15 ESTAFFORDI Total Dissolved Solids in liquid 12 65 mg/L APHA2540C-18TH 4/6/15 ESTAFFORD1 Alkalinity to pH 4.5 of liquid _TITLE_ mg/LasCaCO3 APHA2320B-20th 4/10/15, ESTAFFORDI Alkalinity4.5 ' 1.0 22 mg/LasCaCO3 APHA2320B-20th 4/10/15 ESTAFFORD1 Alkalinity8.3 1.0 1 U mg/LasCaCO3 APHA2320B-20th 4110/15 ESTAFFORDI Bicarbonate 1.0 22 mg/L-as CaCO3 APHA2320B-20th 4/10/15 ESTAFFORDI Carbonate 1.0 1 U mg/LasCaCO3 APHA2320B-20th 4/10/15 ESTAFFORD1 pH Alkalinity 7,4 mg/LasCaCO3 APHA2320B-20th 4/10/15 ESTAFFORDI ; Laboratory Section»1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 For a detailed description or the qualifier codes refer to tp_(/,,�onai.nmenca a w/ et7wa�iao/stafln i.'nass�nrc�aca auaiiee,Code_is tt wFb!walM starinfi h gjts Page 1 of 1 A0 North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 12, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7014 0510 0000 4466 6136 Mr. David Moore Fendrich Industries,Inc. Carolina Yarn Processors P.O. Box 1579 Tryon, NC 28782-1579 Subject: NOTICE OF VIOLATION NOV-2015-DV-0109 (incident#201500667) Discharge without a Permit Incident Location: Little Creek adjacent to Process Wastewater EQ Basin Dear Mr.Moore, On May 6, 2015,the Division of Water Resources responded to a spill notification at Carolina Yarn Processors in Tryon,North Carolina. The spill consisted of process wastewater from the Equalization Basin (EQ) located along Scriven Road. The volume spilled was estimated to be 1500 gallons of which, 1000 gallons were discharged to Little Creek(Class "C waters). Mr. Ken Tucker, Plant Manager explained that the check valve below the EQ basin had malfunctioned. Violation As a result of the above-referenced inspection of the site on May 6,2015,the following violation is noted: Illegal discharge Violation-Discharge Without Valid Permit G.S. 143-215.1 (a)states that no person shall do any of the following things or carry out any of the following activities unless that person has received a permit from the Commission and has complied with all conditions set forth in the permit: G.S. 143-215.1(a)(1)- Make any outlets into the waters of the State. Required Response This Office requests that you respond to this letter in writing within 30 days of receipt of this Notice. Your response should be sent to the Asheville Regional Office at the letterhead address. Your response should address the following item: Please submit a plan listing all actions you will take to prevent future,similar releases. North Carolina Division of Water Resources—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,N.C. 28T78 Phone(828)296-4500 FAX (828)299-7043 Internet: http://portal.nedenr,org/web/wq/ An Equal Opportunity/Affirmative Action Employer Mr. Moore Carolina Yarn Processors NOV-2015-DV-0109 May 12, 2015 Page 2 This violation and any future violations are subject to civil penalty assessments. The violation is subject to civil penalties up to$25,000.00 per day for each violation as per G.S. 143-215.6A. Should you have any questions regarding these matters, please contact me or Beverly Price at(828)296- 4500. Sincerely, G:_Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Cc: Ken Tucker, Plant Manager Carolina Yarn Processors Gary Walker, Public Works Director,Town of Tryon G:\WR\WQ\Polk\Wastewater\Industrial\CAROLINA YARN PROCESSORS NOV-2015-DV-0109.doc 4 R116 North Carolina Department of Environment and Natural Resources -at McCrory Donald R. van der Vaart Governor Secretary May 12,2015 Mr.Joe Lagro 42 Real Estate,LLC 8333 Douglas Avenue, Suite 342 Dallas;TX 75225 Re: Well Construction Permit: WM0100368 Jamie L.Winchester Property Property PIN: 667313035219 Swain County,NC Dear Mr.Lagro, In accordance with the application submitted on your behalf by David Loftis,we are forwarding well construction permit numbered WM0100368 dated May 12,2015. The permit is for the construction of two monitoring wells on the Jamie L.Winchester property as described in the application and the attached permit. The permit will be effective from the date of issuance for a period of one year and is subject to the conditions and limitations as specified therein.A Well Construction Record shall be completed and signed by the certified drilling contractor for each well. This form shall be submitted to the Department upon completion of the well and shall reference the permit number. Please review the attached permit conditions. If you should have any questions or need additional information contact Andrew Moore at 828-296-4500. Sincerely, G. Landon Davidson,P.G. Regional Supervisor Water Quality Regional Operations Section cc: ARO/file ec: David Loftis,S&ME North Carolina Division of Water Resources—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,N.C. 28778 Phone(828)296-4500 FAX (828)299-7043 Internet: htfp://portal.ncdenr.org/web/wq/ An Equal Opportunity/Affirmative Action Employer NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES PERMIT FOR THE CONSTRUCTION OF MONITORING WELL In accordance with the provisions of Article 7, Chapter 87, North Carolina General Statutes, and other applicable Laws,Rules and Regulations. PERMISSION IS HEREBY GRANTED TO 42 Real Estate,LLC FOR THE CONSTRUCTION OF A MONITORING WELL SYSTEM consisting of two wells owned by 42 Real Estate,LLC,8333 Douglas Avenue,Suite_342,Dallas,TX 75225.The well will be located on property owned by Jamie L. Winchester located in Swain County(PIN#667313035219).This Permit is issued in accordance with the application received on May 8,2015, in conformity with specifications and supporting data,all of which are filed with the Department of Environment and Natural Resources and are considered integral parts of this Permit. This Permit is for well construction only,and does not waive any provision or requirement of any other applicable law or regulation. Construction of any well under this Permit shall be in strict compliance with the North Carolina Well Construction Regulations and Standards (15A NCAC 02C .0100), and other State and Local Laws and regulations pertaining to well construction. If any requirements or limitations specified in this Permit are unacceptable, you have a right to an ad judicatory hearing upon written request within 30 days of receipt of this Permit. The 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,North Carolina 27699-6714. Unless such a demand is made,this Permit is final and binding. This Permit will be effective for one year from the date of its issuance and shall be subject to other specified conditions,limitations,or exceptions-as follows: 1. Issuance of this Permit does not supersede any other agreement,permit, or requirement issued by another agency. 2. The well(s)shall be located and constructed as shown on the attachments submitted as part of the Permit application. 3. Each well shall have a Well Contractor Identification Plate in accordance with 15A NCAC 02C .0108(0)where applicable. 4. The monitoring well shall be maintained in accordance with 15A NCAC 02C.0108. 5. A Well Construction Record (GW-1) for each well shall be submitted to the Division of Water Resource's Information Processing Unit within 30 days of the well completion in accordance with 15A NCAC 02C.0114. 6. When the well is discontinued or abandoned,it shall be abandoned in accordance with 15A NCAC 02C .0113 and a well abandonment record (GW-30) shall be submitted to the Division of Water Resource's Information Processing Unit and the property owner within 30 days of the well abandonment in accordance with 15A NCAC 2C.0114. Permit issued the 12th day of May, 2015 FOR THE NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Landon Davidson,Regiona upervisor Water Quality Regional Operations Section By Authority of the Environmental Management Commission Permit No. # WM0100368 A4. NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 13, 2015 Mr. A. Dale Owen 15 Adventure Ridge Road Brevard, North Carolina 28712 Subject: NOTICE OF VIOLATION NOV-2015-LV-0313 Permit No. NCO086223 Adventure Village WWTP Transylvania County Dear Mr. Owen: A review of Adventure Village WWTP's monitoring report for February 2016 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 02/25/2015 400.00 600.00#/100ml Daily Maximum ,- Broth,44.5C #/100ml 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 Resources 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, G.Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement Trevor C. McMinn/ORC G:\WRIWQ1Transylvania\Was4ewater;Minors',Adventure Village 862231NOV-2015-LV-0313.doe Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)296-4500 Fax: (828)299-7043 Internet: hftp://portal.ncdenr.org/web/wq An Equal Opportunity/Affirmative Action Employer A4*A DEN North Carolina Department of Environment and Natural Resources ,gory Donald R.van der Vaart error Secretary May 13,2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7014 0510 0000 4466 5767 Mr.Anthony K. Staley Horsehead Holding Corporation Rutherford County Production Facility 484 Hicks Grove Road Mooresboro,North Carolina 28114 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2015-LV-0312 Rutherford County Production Facility NPDES Permit No.NCO089109 Rutherford County Jear Mr. Staley: A review of the February 2015 self-monitoring report for the subject facility revealed a violation of the following parameter: Date Outfall Parameter Reported Value Permit Limit 02/28/2015 001 Cadmium, Total 685.25 µg/L 350 µg/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.NC0089109. 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 2015 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. Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)296-4500 FAX: (828)299-7043 Internet: http:l/portal.ncdenr.org/webtwq An Equal Opportunity/Affirmative Action Employer Mr. Anthony K. Staley May 13, 2015 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Divisi.. Water Resources may pursue enforcement actions for this and any additional violations. If the violations are'(,, 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,, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations,NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement WQ Enforcement/NPDES Point Source Branch G VJt2',LVQ'Rctherb-d,Lk t,t�;.tt.:<`lraustraC,Fiorehead S9t�i�OV-NRL 3t)1 -L4'-(1;12.doc N ICU)E R North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 13, 2015 Mr. Matthew Knauer Young Life Ministries 120 Coles Crove Road Weaverville, North Carolina 28787 Subject: NOTICE OF VIOLATION NOV-2015-MV-0066 Permit No. NCO034304 Windy Gap Camp WWTP Buncombe County Dear Mr. Knauer: A review of Windy Gap Camp WWTP's monitoring report for January 2015 showed the following violations: Parameter Date Measuring Frequency Violation Flow 01/01/2015 Continuous Failure to Monitor Flow 01/10/2015 Continuous Failure to Monitor Flow 01/11/2015 Continuous Failure to Monitor Temperature Week ending 01/03/2015 5 X/Week Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked"Compliant"when in fact it should have been marked"Non-Compliant"with an explanation 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 Resources 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, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement Taylor Gooley/ORG _ G:1WR1`.NQkBuncombe\VJaste,.vater?MinorslYoung Life Windy Gap 343041NOV-2015-WV 0066.doc Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)2964500 Fax: (828)299-7043 Internet: http://podal.ncdenr.org/web/wq An Equal Opportunity/Affirmative Action Employer A4jg NCDENR North Carolina Department of Environment and Natural Resources ,ory John E.Skvada, III nor Secretary May 13, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7014 0510 0000 4466 6129 Kenneth"Bryan" Steen, County Manager Burke County General Services PO Box 219 Morganton,NC 28655 Subject: NOTICE OF VIOLATION AND NOTICE OF INTENT TO ENFORCE NOV-2015-DV-0114 Permit No. WQCS00324 Burke County General Services Burke County Collection System Burke County Dear Mr. Steen: A review has been conducted of Burke County Collection System's self-reported Sanitary Sewer Overflows "SSO's) 5-Day Report submitted by Tony Gragg. 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 that occurred is summarized below. Area Violation Date Description Violation Type Indian Hill PS 04/19/2015 1,500 gallons Discharge (Sewer Overflow) (Drowning Crk) Without Valid Incident#201500576 Permit The Division has been working with Burke County for over two years anticipating remediation of overflows at the Indian Hill pump Station to no avail. Please refer to the last two inspections conducted by the Division on May 13, 2013, and February 4, 2015, and respond in writing to this office within 15 days of receipt of this Notice as to specifically what actions have been and will be taken to avoid future occurrences of overflows at the Indians Hill Pump Station. This Notice of Violation/Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. 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. A review of your response will be considered. Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-2964500 FAX:828-299-7043 Internet:http://portal.ncdenr.org/web/wq An Equal Opportunity 1 Affirmative Action Employer Kenneth Steen May 13,2015 Page 2 of 2 If you have any questions,please do not hesitate to contact Linda Wiggs at 828-296-4500. Sincerely, �\ G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc: ORC,Tony Gragg MSC1617-Central Files-Basement ARO File PERCS Unit G:\WR\WQ\Burke\Collection Systems\Burke County Collection System WQCS00324\NOV-2015-DV-0114.SSO 04-2015.doc 4 MCD-ENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R, van der Vaart Governor Secretary May 13, 2015 Mr. Dan Harbaugh Tuckaseigee Water&Sewer Authority 1246 West Main Street Sylva, North Carolina 28779 Subject: NOTICE OF DEFICIENCY NOD-2016-MV-0079 Permit No. NCO039578 Jackson County WWTP/TWSA#1 Jackson County Dear Mr. Harbaugh: A review of Jackson County WWTP's monitoring report for January 2016 showed the following violation: Parameter Date Measuring Violation Frequency Nitrogen,Ammonia Total (as N) Week ending 5 X/Week Failure to Monitor Concentration 01/03/2015 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 Resources may pursue enforcement action forthis and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 8281296-4600. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement Stan Bryson/ORC/Superintendent G tWR!V+IOWacksorWast�htater!CvlunicioallTWSA#1 395781NOD-2015-MV-0C78:d�c Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)2964500 Fax: (828)299-7043 Internet: http://podal,nedenr.org/web/wq An Equal Opportunity/Affirmative Action Employer ��/i jT T NODE R North Carolina Department of Environment and Natural Resources gory Donald R.van der Vaart Secretary error May 13,2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7014 0510 0000 4466 6740 Mr. Matthew Knauer Young Life Ministries Windy Gap Camp WWTP 120 Coles Cove Road Weaverville,North Carolina 2878.7 Subject: Notice of Violation and Recommendation for Enforcement Tracking#:NOV-2015-LV-0311 Windy Gap Camp WWTP NPDES Permit No.NCO034304 Buncombe County Dear Mr. Knauer: A review of the February 2015 self-monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 02/12/2015 001 Fecal coliform 833 #/ 100 ml 400 #/ 100 ml 02/19/2015 001 Fecal coliform 627#/ 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.NC0034304. 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 2015 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. Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phow (828)296-4500 FAX: (828)299-7043 Internet: http://portal,ncdenr.org/webtwq An Equal Opportunity/Affirmative Action Employer Mr. Matthew Knauer May 13,2015 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Divis: Water Resources may pursue enforcement actions for this and any additional violations. If the violations are,: 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, G. Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations,NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement WQ Enforcement/NPDES Point Source Branch Gatit'R`.ti{(�':Buncombe`:`.k"xsrnv;ater'. tinurstil'oan*S...ife t4'indy Gal).,4304\NOV-\RE-201;-C.V-i,.,I doe North Carolina Department of Environment and Natural Resources ory Donald R.van der Vaart nor Secretary May 13, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7014 0510 0000 4466 6082 Arthur Delaney Town of Rhodhiss PO Box 40 Rhodhiss,NC 28667 Subject: NOTICE OF VIOLATION NOV-2015-DV-0113' Permit No. WQCSDO042 Town of Rhodhiss Rhodhiss Collection System Burke County Dear Mr. Delany: review has been conducted of Rhodhiss Collection System's self-reported Sanitary Sewer Overflows (SSO's) 5-Day Report submitted by the Town of Rhodhiss. This review has shown the subject facility to be in violation of 15A NCAC 02T.0403(1)and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type Manhole on Catawba Ave. 04/19/2015 4,000 gallons to ditch Discharge (Sewer Overflow) (Lake Rhodhiss) Without Valid Incident#201500602 Permit As noted in your 5-Day Report the Town of Rhodhiss has significant influx problems. Please explain in detail and respond in writing to this office within 15 days of receipt of this letter what type of repairs/replacements are needed/planned for the Town of Rhodhiss collection system to avoid future overflows. Specifically where on the collection system this work is to take place and when it will take place. A map of the collection system highlighting these areas should accompany your response. Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-2964500 FAX:828-299-7043 Internet:http://portal.nodenr.org/web/wq An Equal Opportunity 1 Affirmative Action Employer Arthur Delaney May 13,2015 Page 2 of 2 If you have any questions,please do not hesitate to contact Linda Wiggs at 828-296-4500. Sincerely, G. Landon Davidson,P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc: MSC 1617-Central Files-Basement ARO File PERCS Unit G:\WR\WQ\Burke\Collection Systems\Rhodhiss Collection System\NOV-2015-DV-0113.SSO 04-2015.doc NCDENV North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 13, 2015 Mr. George H. Schultz, Director of CIT United World Mission P.O. Box 250 Union Mills, North Carolina 28167-0250 Subject: NOTICE OF VIOLATION NOV-2015-MV-0067 Permit No. NCO032174 United World Mission WWTP Rutherford County Dear Mr. Schultz: A review of United World Mission's WWTP monitoring report for January 2015 showed the following violations: Parameter Date Measuring Frequency Violation DO, Oxygen, Dissolved Week ending 01/10/2015 Weekly Failure to Monitor DO, Oxygen, Dissolved Week ending 01/17/2015 Weekly Failure to Monitor DO,Oxygen, Dissolved Week ending 01/24/2015 Weekly Failure to Monitor DO, Oxygen, Dissolved Week ending 01/31/2015 Weekly Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked"Compliant"when in fact it should have been marked"Non-Compliant"with an explanation for the non-compliance. If the above parameter was left off inadvertently,please send an amended DMR within 10 business days of receipt of this letter,to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Resources 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, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement Donald E. Raisch/ORC G SWR\WQtRiitherfordlVVastewater\Minors\United World Mission 321741NOV-2015-MV-0067.doc Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)296-4500 Fax: (828)299-7043 Internet: http://portal.nedenr.org/web/wq An Equal Opportunity/Affirmative Action Employer &74L) xf North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 13, 2015 Mr. Daniel C. Arnold, Manager/Member Dry Ridge Properties LLC P.O. Box 11 Barnardsville, North Carolina 28709 Subject: NOTICE OF VIOLATION NOV-2016-MV-0066 Permit No. NCO068152 Eden Glen Mobile Village WWTP Buncombe County Dear Mr. Arnold: A review of Eden Glen Mobile Village WWTP's monitoring report for October 2014 showed the following violation: Parameter Date Measuring Violation Frequency Chlorine, Total Residual 10/25/2014 2 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 Resources 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 828/296-4600. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement Environmental Inc./ORC G:\WR`IWQ�Buncombe',WastewaterlMinors,Eden Glen MHP 681521NOV-2015-MV-0065 doc Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)2964500 Fax: (828)299-7043 Internet: http://poital.ncdenr.org/web/wq An Equal Opportunity/Affirmative Action Employer A70"a NCDENR North Carolina Department of Environment and Natural Resources McCrory Donald R. van der Vaart Governor Secretary May 13, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7014 0510 0000 4466 6105 John Holt, President Ledgestone Property Owners Association PO Box 21 Fairview NC 28730 SUBJECT: NOTICE OF VIOLATION and NOTICE OF INTENT TO ENFORCE NOV-2015-PC-0107 Compliance Sampling Inspection Ledgestone Subdivision WWTP Permit No:NCO087556 Buncombe County Dear Mr Holt: A Compliance Sampling Inspection was conducted by Katherine Jimison of the Asheville Regional Office on March 24,2015. The treatment facility was found to be in violation of Permit NCO087556 for the following: Sampling conducted at the time of inspection revealed the following violations: 1. Permit Limit Violation: Parameter Date Limit Value Reported Value Limit Type Total Suspended Residue* 03-24-2015 4.5.0 mg/l 74.0 mg/1 Daily Grab *This facility has violated the permitted TSS limit 5 times within the last 2 year period. 2.- Failure tooperate the wastewater system in accordance with the permit conditions: Part II (Standard Conditions for NPDES Permits), Section C.Lof your permit requires the ORC to properly manage and document daily operation and maintenance of the facility. According to the ORC log book, de- chlorination tablets were added the morning of the March 24, 2015. No de-chlorination tablets were present during the inspection on March 24, 2015. Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Internet:http://i)ortal.ncdenr.oralweb/wol G:1WR1WQ1BuncombelWastewaterlMinorslLedgestone Subdivision,87556187556 NOV-2015-PC-0107GLDEDITV1.doc John Holt May 13,2015 Page 2 of 2 Pursuant to 15A NCAC 02B .0506(c)(3),you are to include in your response to this notice a copy of tr facility's operator log for the last 4 month period beginning with the January 2015 log. \ 3. Failure to operate the wastewater system in accordance with the permit conditions, Part II (Standard Conditions for NPDES Permits), Section C.2.: Inspection Area Violation De-chlorination There were no de-chlorination tablets in the tablet feeder at the time of the inspection. Please refer to the enclosed inspection report for additional observations and comments. This Notice of Violation/Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violations of NPDES Permit NC0087556. 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 violations,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. 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. 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 Katherine Jimison at 828- 296-4500 or kathy.iimisonAncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc:Juanita James,ORC MSC 1617-Central Files-Basement ARO Files Facility compliance summary: — The total amount of penalties assessed for this facility in the last 5 years=$1,214.50 United States Environmental Protection Agency Form Approved. Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,PCS) ransaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 I5 ' 3 I NCO087556 111 12 115/03/24 17 1 8)S I 19 s 20 I 21I I I I I I � � � ( � 1 I L L 1 I II1 1 I66 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------Reserved------------ 67 70�, 71 L 72 L ti 731 1 174 75 80 LJ Section B:Facility Data L_J I I 1 Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:OOAM 16/03/24 11/01/01 Ledgestone Subdivision W1NTP Exit Time/Date Permit Expiration Date Miller Rd 10:OOAM 15/03/24 16/12/31 Fairview NC 28730 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 i Contacted Juanita Reed James,PO Box 1354 Mountain Home NC 2 8 7 5 8 1 3 54//8 28-6 97-0 0 6 3/, Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit N Flow Measurement operations&MaintenancE N Records/Reports Self-Monitoring Program Facility Site Review Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Kathy Jimison ` ARO WQ//828-296-4500/ Signature of Man gement 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.) 31 NCO087656 I11 12 15/03/24 17 18 1,1 Section D:Summary of Finding/Comments(Attach additional sheetsof narrative and checklists as necessary) Ms. Juanita James with James and James Environmental assisted in this inspection. The ORC of this facility is Mr. Bobby Rowe. This is a dual train system. It operates on one side only. The second side not on line at this time. At the time of this inspection, the facility was losing significant solids. Sampling for BOD, TSS and Fecal Coliform was performed.According to the log book entry this same morning, the ORC stated that the effluent was clear. This was not the case at the time of this inspection. Ms. James verified that plant was losing solids. The results of samples taken are as follows: BOD 26 mg/I TSS 74 mg/I Fecal Coliform 4 B2 CFU/100ml. There are two de-chlorination tablet feeders in place, Ms. James stated that only one is used for de-chlorination. At the time of this inspection there was no tablets in either feeder. The log book stated, however,that de-chlorination tablets were put in earlier that same day. The digestor is pumped every 12-18 months. Ms. James stated that the standby generator is tested weekly. This unit is serviced by Carolina Energy Systems. The flow meter is a Vantage 2210 EasTech Badger ultrasonic continuous recording device. Last , calibrated by John Lassiter on 10-21-14. _ Page# 2 NC0087556 Owner-Facility: Ledgestone Subdivision VWVfP Jate: 03/24/2015 Inspection Type: Compliance Sampling ,nit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ ❑ application? Is the facility as described in the permit? 0 ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ❑ ❑ Is access to the plant site restricted to the general public? 0 '❑ ❑ ❑ Is the inspector granted access to all areas for inspection? 0 ❑ ❑ El Comment: Ms Juanita James with James and James Environmental assisted in this inspection. 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? ❑ ❑ ❑ 0 Are all records maintained for 3 years(lab. reg. required 5 years)? ❑ ❑ ❑ 0 Are analytical results consistent with data reported on DMRs? El El Is the chain-of-custody complete? ❑ ❑ Dates,times and location of.sampling ❑ Name of individual performing the sampling Results of analysis and calibration El Dates of analysis ❑ Name of person performing analyses ❑ Transported COCs ❑ Are DMRs complete: do they include all permit parameters? ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ❑ ❑ 0 ❑ (If the facility is=or>5 MGD permitted flow) Do they operate 24/7 with a certified operator ❑ ❑ ❑ on each shift? Is the ORC visitation log available and current? ❑' ❑ Is the ORC certified at grade equal to or higher than the facility classification? 0 ❑ ❑ '❑ ' Is the backup operator certified at one grade less or greater than the facility classification? ❑ ❑ El Is a copy of the current NPDES permit available on site? Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ❑ 0 Comment: There were several discrepencies observed in the loq book. On the same date as this inspection (3-24-15)the operator stated that de-chlorination tablets were added to the system and there were none in the tablet feeders and that the effluent was clear. At the time of this inspection less than an hour later, the effluent was losing solids. Samples were taken and the results are as follows: BOD 26 mg/I,Total Suspended Solids 74 mg/I and Fecal Coliform 4 B2. Page# 3 Permit: NCO087556 Owner-Facility: Ledgestone Subdivision VWVrP Inspection Date: 0 312 4/2 0 1 5 Inspection Type: Compliance Sampling \ Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS,MCRT, Settleable i ❑ ❑ ❑ Solids, pH, DO, Sludge Judge,and other that are applicable? Comment: ORC analyzes aeration basin for Settleable Solids. Equalization Basins Yes No NA NE Is the basin aerated? 0 ❑ ❑ ❑ Is the basin free of bypass lines or structures to the natural environment? ® ❑ ❑ ❑ Is the basin free of excessive grease? N ❑ ❑ ❑ Are all pumps present? 0 ❑ ❑ El Are all pumps operable? 0 ❑ ❑ ❑ Are float controls operable? N ❑ ❑ ❑ Are audible and visual alarms operable? ❑ ❑ ❑ #Is basin size/volume adequate? N ❑ ❑ Comment: This is a dual train system. It operates on one side only. The other side not on line at this time. Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? E ❑ ❑ 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? 0 ❑ 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? N ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ E ❑ Are weirs level? E ❑ ❑ ❑ Is the site free of weir blockage? ■ ❑ ❑ ❑ Page# 4 ,,it: NCO087556 Owner Facility: Ledgestone Subdivision WATP .j Date: 03/24/2015 Inspection Type: Compliance Sampling indary Clarifier Yes No NA NE Is the site free of evidence of short-circuiting? . ❑ ❑ ❑ Is scum removal adequate? M ❑' ❑ Is the site free of excessive floating sludge? M ❑ ❑ ❑ Is the drive unit operational? ❑ ❑ 0_ ❑ Is the return rate acceptable(low turbulence)? . ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ❑ ❑ ❑ Is the sludge blanket level acceptable?(Approximately'/4 of the sidewall depth) ❑ ❑ ❑ Comment: At the time of this inspection the facility was losing significant solids. Sampling for BOD, TSS and Fecal Coliform was performed According to the log book entry for that morning, the ORC stated that the effluent was clear. This was not the case at the time of this inspection. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ❑ ❑ ❑ -Are the tablets the proper size and type? ■_ Number of tubes in use? 3 Is the level of chlorine residual acceptable? ❑ ❑ ❑ M Is the contact chamber free of growth, or sludge buildup?' ❑ ❑ Is there chlorine residual prior to de-chlorination? ❑ ❑ ❑ Comment: 3 tubes in place,only one in use. De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ ❑ ❑ Is storage appropriate for cylinders? ❑ ❑ M #Is de-chlorination substance stored away from chlorine containers? ❑ ❑ M ❑ Comment: Are the tablets the proper size and type? M ❑ ❑ ❑ Are tablet de-chlorinators operational? ❑ M ❑ ❑ Number of tubes in use? 0 Comment: There are two tablet feeders in place Ms. James stated that only one is used for de-chlorination At the time of this inspection there was no de-chlorination tablets in either feeder.The log book stated,_however, that dechlorination tablets were put in earlier that same day. Page# 5 Permit: NCO087556 Owner-Facility: Ledgestone Subdivision VWUTP Inspection Date: 03/24/2015 Inspection Type: Compliance Sampling Standby Power Yes No NA NE Is automatically activated standby power available? ❑ .❑ ❑ Is the generator tested by interrupting primary power source? 0 ❑ ❑ ❑ Is the generator tested under load? ❑ ❑ ❑ Was generator tested&operational during the inspection? ❑ ❑ ❑ Do the generator(s)have adequate capacity to operate the entire wastewater site? M ❑ ❑ ❑ Is there an emergency agreement with a fuel vendor for extended run on back-up power? N ❑ ❑ ❑ Is the generator fuel level monitored? ■ ❑ ❑ ❑ Comment: Ms. James stated that the standby generator is tested weekly.This unit is serviced by Carolina Energy Systems. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ❑ ❑ ■ ❑ Is sample collected below all treatment units? N ❑ ❑ ❑ Is proper volume collected? 0 ❑ ❑ ❑ Is the tubing clean? ❑ ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees ❑ ❑ ❑ ■ Celsius)? Is the facility sampling performed as required by the permit(frequency,sampling type ® ❑ ❑ El representative)? Comment: Grab samples were taken and analyzed at the Asheville Regional Office Laboratory. Page# 6 4 NCDENR North Carolina Department of Environment and Natural resources ,Crory Donald R.van der Vaart ,ernor Secretary May 14,2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7014 0510 0000 4466 5764 Ms. Joy Hougan, Executive Director Emeritus Corp. DBA Pine Park Pine Park Retirement Inn 2601 U.S. Hwy 64 East Hendersonville,North Carolina 28792 Subject: Notice of Violation and Recommendation for Enforcement Tracking#:NOV-2015-LV-0314 Pine Park Retirement Inn WWTP NPDES Permit No.NCO069370 Henderson County dear Ms. Hougan: A review of the February 2015 self-monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Reported Value Permit Limit 02/10/2015 001 Fecal 600#/ 100m1 400#/ 100ml 02/03/2015 001 TSS 49 mg/L 45 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.NC0069370. 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 2015 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. Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)296-4500 FAX: (828)299-7043 Internet: http://portal.ncdenr:orglweblwq An Equal Opportunity/Affirmative Action Employer Ms. Joy Hougan May 14, 2015 Page Two Remedial actions,if not already implemented, should be taken to correct any problems. The Divisc. Water Resources may pursue enforcement actions for this and any additional violations.If the violations are o , 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, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations,NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement WQ Enforcement/NPDES Point Source Branch {,`iVR`bbt,�tHender>onai'a iwir;'.'i7in3r,PincPouklnn .�r wa .o..�s FgCDENR North Carolina Department of Environment and Natural Resources _Xrory Donald R.van der Vaart ,vernor, Secretary May 14,2015 _ CERTIFIED MAIL RETURN RECEIPT REQUESTED 7014 0610 0000 4466 5771 Mr. George H. Schultz, Director of CIT United World Mission P.O. Box 250 Union Mills,North Carolina 28167-0250 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2015-LV-0315' United World Mission WWTP NPDES Permit No.NCO032174 Rutherford County )ear Mr. Schultz: A review of the February 2015 self-monitoring report for the subject facility revealed a violation of the following parameter: Date Outfall Parameter Reported Value Permit Limit 02/28/2015 001 Ammonia Nitrogen 7.7 mg/L 4 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.NC0032174. 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 2015 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. Water Quality Regional Operations—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/web/wq An Equal Opportunity/Affirmative Action Employer Mr. George H. Schultz May 14,2015 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Divis2:. Water Resources 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, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations,NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement WQ Enforcement/NPDES Point Source Branch C;:114'R`ah'{1':Ruiherfertiti4astel ater\1-line=s United World Miissim?3217 4`.tiUV-NRE-ZOL-L,L'-(`,?>.doc - ��; NCDENR North Carolina Department of Environment and Natural Resources A McCrory Donald R.van der Vaart Governor Secretary May 14,2015 Bob Frye, Town Manager Town of Highlands P.O. Box 460 Highlands NC 28741-2063 SUBJECT: Compliance Evaluation Inspection Highlands WTP Permit No: NCO032778 - Macon County Dear Mr. Fyre: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on 5/04/2015. The assistance from the Town's staff along with their commitment to providing excellent operations and maintenance is appreciated.No violations of permit requirements or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions,please call me at 828-296-4500 orjeff.menzel@ncdenr.gov. Sincerely, Jeff Menzel Environmental Specialist Enc. cc: Wade S Wilson,ORC MSC 1617-Central Files-Basement Asheville Files Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-2964500 FAX:828-299-7043 Internet:http://portal.ncdenr.org/weblwq. An Equal Opportunity 1 Affirmative Action Employer �\ .. ��\ / ��., /��� J i i United States Environmental Protection Agency Form Approved. Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires8-31-98 Section A:National Data System Coding(i.e.,PGS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 � 2 CJ 3 NCO032778 111 12`t 15/05/04 17 181 1 19 I G I 201 211111111111111111111111111111111 11111111111 r6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ------------Reserved--------- 67 70 71 L 72 1 N 1 73�74 751 1 1 ( 1. W80 l_I Section B:Facility Data L_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) 12:30PM 15/05/04 13/05/01 4th Street WTP Hickory Hill Rd Exit Time/Date Permit Expiration Date - 01:00PM 15/05/04 17/11/30 Highlands NC 28741 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Wade S Wilson/ORC/828-526-2185/ Name,Address of Responsible Official/Title/Phone and Fax Number. Contacted Lamar Nix,PO Box 460 Highlands NC 2 8741 2 0 6 3//8 2 8-526-21 1 8182 8 52 6 25 95 i Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance 0 Records/Reports Self-Monitoring Program Facility Site Review Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO WQ//828-296-4500/ Signature of Management 9AReviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# I NPDES yr/mo/day Inspection Type 31 NCO032778 121 15/05/04 17 18 i c Section D:Summary of Finding/Comments(Attach additional)sheets of narrative and checklists as necessary) The assistance from the Town's staff along with their commitment to providing excellent operations and maintenance is appreciated. No violations of permit requirements or applicable regulations were observed during this inspection. Page# 2 rermit: NCO032778 Owner-Facility: 4th Street WTP .eetion Date: 05/04/2015 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 El Are all records maintained for 3 years(lab. reg. required 5 years)? 0 ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? 0 ❑ ❑ ❑ 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? 0 ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ❑ ❑ ❑ (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator ❑ ❑ ❑ on each shift Is the ORC visitation Jog available and current? M ❑ ❑ ❑Is the ORC certified at grade equal to or higher than the facility classification? M ❑ ❑ ❑ Is the backup operator certified at one grade lessor greater than the facility classification? 0 ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? 0 ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? 0 ❑ ❑ ❑ Comment: Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable M ❑ ❑ ❑ Solids, pH, DO,Sludge Judge,and other that are applicable? Comment: Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ O ❑ application? Is the facility as described in the permit? M ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ❑ 0 ❑ Is access to the plant site restricted to the general public? 0 ❑ ❑ ❑ Page# 3 Permit: NC0032778 Owner-Facility: 4th Street V TP Inspection Date: 05/04/2015 Inspection Type: Compliance Evaluation Permit Yes No NA NE Is the inspector granted access to all areas for inspection? ❑ ❑ ❑ Comment: Page# 4 NCDENR North Carolina Department of Environment and Natural Resources McCrory Donald R.van der Vaart jovernor Secretary May 14, 2015 - Richard G Jennings Jennings Building Supply PO Box 1459 Cashiers NC 28717 SUBJECT: Collection System Inspection Jennings Builders Supply Permit No: WQCSD0265 Jackson County Dear Mr. Jennings: Enclosed please find a copy of the Collection System Inspection conducted on 4/23/2015. No violations of permit requirements or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions,please contact me at 828-296-4500 orjeff.menzel@ncdenr.gov. `Sincerely, Jeff Menzel Environmental Specialist Enc. cc: MSC 1617-Central Files-Basement Asheville Files Water Quality Regional Operations-Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Internet:http://portal.nodenr.org/weblwq An Equal Opportunity\Affirmative Action Employer G:\WR\WQ\Jackson\Collection Systems\Fairfield Sapphire Collection SystemkWQCSD0265.doe _... a .,� _ ;; Compliance Inspection Report WQCSD0265 Effective: 08/08/07 Expiration: Owner: Jennings Building Supply rC: Effective: Expiration: Facility: Jennings Builders Supply County:Jackson Region: Asheville Contact Person: Richard G Jennings Title: Phone: 828-743-3684 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 04/23/2015 Entry Time: 02:OOPM Exit Time: 02:15PM Primary Inspector: Jeff Menzel C !� /,f Phone: 828-296 4500 Secondary Inspector(s): l l/ l/ Reason for Inspection: Routine Inspection Type: Collection System Inspect Non Sampling Permit Inspection Type: Deemed permitted collection system management and operation Facility Status: Compliant Not Compliant Question Areas: Miscellaneous Questions (See attachment summary) Page: 1 Permit: WQCSD0266 Owner-Facility:Jennings Building Supply Inspection Date: 04/23/2015 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine Inspection Summary: This pump station serves the Jennings Building Supply facility.This low capacity pump station is in plain view and is equipped with audible and visual alarms.This pump station is tied into Carolina Water Service Fairfield Sapphire collection system which is regulated under Permit No.WQCS00227. No violations of permit requirements or applicable regulations were observed during this inspection. Page: 2 WDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 14, 2015 The Honorable John Boone, Mayor Town of Elk Park P.O. Box 248 Elk Park, North Carolina 28622 Subject: NOTICE OF DEFICIENCY NOD-2016-MV-0081 Permit No. NCO079561 Elk Park WWTP Avery County Dear Mayor Boone: A review of Elk Park WWTP's monitoring report for November 2014 showed the following violation: Parameter Date Measuring Frequency Violation pH Week ending 11/01/2014 Weekly Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Resources 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, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement Otis Ward/ORC G:1WRlWQIAvevlUVastewater\MunicipaREIk Park 79561 WOD-2015-MV-0081.doc Water Quality Regional Operations—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/web/wq An Equal Opportunity/Affirmative Action Employer j__.. \�, _ . w A4 ..-�.. 1 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 14, 2015 Mr. Robert Crummie Mizpah Healthcare Inc. P.O. Box 999 Mountain Home, North Carolina 28758-0999 Subject: NOTICE OF VIOLATION NOV-2016-MV-0069 Permit No. NCO074110 Mountain View Assisted Living WWTP Henderson County Dear Mr. Crummie: A review of Mountain View Assisted Living's WWTP monitoring report for October 2014 showed the following violation: Parameter Date Measuring Frequency Violation Chlorine, Total Residual Week ending 2 X/Week Failure to Monitor - 10/04/2014 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 Resources 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, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement James &James Environmental/ORC G:\WR\WQO Henderscn\VVastewater\rvlinors\Mountain View Assisted Living 7411 O NOV-2015-MV-0069 doo Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)296-4500 Fax: (828)299-7043 Internet: http://portal.nedenr.org/web/wq An Equal Opportunity/Affirmative Action Employer /- I\\_ /; �.a-_/' WDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 15, 2015 Mr. Cody S. Jones, Manager Cedar Beach Investment Group LLC P.O. Box 20670 Charleston, South Carolina 29413 Subject: NOTICE OF VIOLATION NOV-2015-LV-0326 Permit No. NCO068918 Cedar Hill WWTP Jackson County Dear Mr. Jones: A review of Cedar Hill WWTP's monitoring report for February 2016 showed the following violation: Parameter Date Limit Value Reported Value Limit Type r Coliform, Fecal MF, 02/19/2015 400.00#/100ml 600.00#/100ml Daily Maximum M-FC Broth,44.5C Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Resources 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, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement RPB Systems/ORC G:\VVR\WQ\JacksonlVVastewaterlMinors\Cedar Hill(Resources Planning)68918\NOV-2015-LV-0325 doc Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)296-4500 Fax: (828)299-7043 Internet: hUp:/Iportal,ncdenr.org/web/wq An Equal Opportunity/Affirmative Action Employer A' North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 15,2015 Mr. Matthew Velker The Mountain (Retreat& Learning Center P.O. Box 1299 Highlands, North Carolina 28741-1299 Subject: NOTICE OF VIOLATION NOV-2016-MV-0070 Permit No. NC0061123 The Mountain Retreat & Learning Center WWTP Macon County Dear Mr. Velker: A review of The Mountain Retreat & Learning Center WWTP's monitoring report for February 2015 showed the following violations: Parameter Date Measuring Frequency Violation Surfactants (MBAS) 02/28/2015 Monthly Failure to Monitor Chlorine, Total Residual 02/07/2015 2 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 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 Resources 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 828/296-4600. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement Environmental Inc./ORC / G:IWRIWO\Macon\Wastewater\+Ainors\Mountain Retreat 61123\NOV-20t5-MV-0070.doc Water Quality Regional Operations—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/web/wq An Equal Opportunity/Affirmative Action Employer \/ ` J%. NCDENR North Carolina Department of Environment and Natural Resources ;Crory Donald R.van der Vaart ,ernor Secretary May 15,2015 CERTIFIED MAIL RETURN RECEIP'T REQUESTED 7014 0610 0000 4466.5788 Mr. Aubrey L. Deaver A&D Water Service Inc. P.O.Box 1407 Pisgah Forest,North Carolina 28768-1407 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2015-LV-0324 High Vista Falls WWTP NPDES Permit No.NCO089095 Henderson County Dear Mr. Deaver: A review of the February 2015 self-monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Reported Value Permit Limit 02/05/2015 001 BOD 25 mg/L 15 mg/L 02/19/2015 001 BOD 24 mg/L 15 mg/L 02/28/2015 001 BOD 17 mg/L 10 mg/L 02/11/2015 001 Fecal Coliform 55 mg/L 25 mg/L 02/19/2015 001 Ammonia Nitrogen 10 mg/L 5 mg/L 02/28/2015 001 Ammonia Nitrogen 3 mg/L 1 mg/L 02/11/2015 001 TSS 13 mg/L 10 mg/L 02/19/2015 001 TSS 14 mg/L 10 mg/L 02/25/2015 001 TSS 11 mg/L 10 mg/L 02/28/2015 001 TSS 11 mg/L 5 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.NC0089095. 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 Water Quality Regional Operations—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/web/wq An Equal Opportunity/Affirmative Action Employer Mr.Aubrey L. Deaver May 15, 2015 Page Two 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 2015 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. Remedial actions, if not already implemented, should be taken to correct-any problems. The Division of Water Resources 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, G. Landon Davidson,P.G., Regional Supervisor Water Quality Regional Operations,NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement WQ Enforcement/NPDES Point Source Branch G §12 tYK>`•Slender,ontLL'asteevateru�t:anrs`1T;gli Vim Fats 39095 NOV:\RE_J45-LV-6's24,doz A*A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 15, 2015 CERTIFED MAIL RETURN RECEIPT REQUESTED -7014 0510 00004466 6143 Leland&Aileen Moss 269 Ramp Cove Road Cullowhee, NC 28723 CERTIFIED MAIL RETURN RECEIPT REQUESTED - 7014 0510 0000 4466 6150 Wayne Moss 370 Evitt Cemetery Road Cashiers, NC 28717 SUBJECT: NOTICE OF VIOLATION and NOTICE OF INTENT TO ENFORCE NOV-2014-PC-0200 NOV-2014-PC-0201 Stream Standard Violation-Turbidity Stream Standard Violation- Other Waste (In-stream Sediment) Jackson County Response deadline: June 12, 2015 Dear Mr. Leland Moss; Ms.Aileen Moss; and Mr.Wayne Moss: The Asheville Regional Office (ARO) acknowledges receiving a response letter from Attorney William Clark on November 17,2014. The response has been reviewed by ARO staff. An investigation conducted on August 8, 2014 indicates the"Leland Moss Fields" and "Keyhole Lane Fields"were contributing turbidity to the upper watershed of Knob Creek and exceeding the stream standard of.10 NTU's.A follow up investigation on August 29, 2014 documented in-stream sediment, originating from these two fields, impacting approximately 2,000 feet of four unnamed tributaries to Knob Creek and an indeterminate length of Knob Creek. The information provided in Mr. Clark's letter does not adequately address the required response outlined in the Notice of Violation (NOV) dated September 16, 2014. The NOV states that you are responsible for providing a stabilization plan and a sediment removal plan to address on-going turbidity and sediment-loss issues associated with the"Leland Moss Fields" and the "Keyhole Lane Fields". North Carolina Division of Water Resources—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,N.C. 28778 Phone(828)2964500 FAX (828)299-7043 Internet: http://portal.nodenr.org/webAuq/ An Equal Opportunity/Affirmative Action Employer Jackson County-Knob Creek May 15,2015 Page 2 of 2 The DWR requests that you respond to the action items outlined in the initial NOV by June 12, 2015. Failure to respond adequately and in a timely manner will result in an enforcement action by the Division of Water Resources regarding these issues and any future/continued violations that may be encountered. 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.Your response should be sent to the attention of Brett Laverty, Division of Water Resources, 2090 US Highway`70, Swannanoa, NC 28778. Thank you for your attention to this matter.ARO staff are available to meet and discuss this issue with you should you desire. Should you have any questions regarding these matters, please contact m at (828) 296-4500 or brett.laverty ncdenr.gov. Sincerely, G. Landon Davidson, P.G.,Regional Supervisor' Water Quality Regional Operations Asheville Regional Office cc: ARO file copy Robby Shelton Jackson County Erosion Control Barry;Stevens-Jackson County Soil and Water Conservation District William Clark-Roberts&Stevens Attorneys at Law NCDENR North Carolina Department of Environment and Natural Resources McCrory Donald R.van der Vaart Jovernor Secretary May 15,2015 Charles Conner Sgl Carbon LLC 307 Jamestown Rd. Morganton,NC 28655 SUBJECT: Compliance Evaluation Inspection SGL Carbon Corporation Permit No: NC0005258 Burke County Dear Mr. Conner: On April 22, 2015, I conducted a Compliance Evaluation Inspection of the subject wastewater permit. Present during the inspection were Billy Thompson and Jeff Woodruff. Please refer to the enclosed inspection report for detailed observations and comments. If you or your staff have any questions, please call me at 828-296- 4500. Sincerely, Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enc. Inspection Report cc: NPDES Unit-Ron Berry MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\Burke\Wastewater\Industrial\SGL Carbon 05258\CELApri12015.Ltr.doe Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Internet:http://portal.nedenr.org/webtwq An Equal Opportunity\Affirmative Action Employer United States Environmental Protection Agency Form Approved, Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN I 2 15 I 3 I NC0005258 I11 12 15/04/22 17 181 r.l 19 1 G 1 20I 21111111 1111111111111111111111111 IIIIIII1111 I66 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------Reserved-----—___ 67 I I 70 71 Lj 72 I I 73( I I74 751 I I 1 1 1 LL1 I I80 L _J Section B:Facility Data _I I 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) 01:00PM 15/04/22 10/04/01 SGL Carbon Corporation 307 Jamestown Rd Exit Time/Date Permit Expiration Date Morganton NC 28655 03:00PM 15/04/22 15/02/28 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Charles Conner,307 Jamestown Rd Morganton NC 28655//828-437-3221/ Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement Operations&Maintenance Records/Reports Self-Monitoring Program Facility Site Review Effluent/Receiving Waters Laboratory 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 WQ//828-296-4500 Ext.4653/ Signature of ManagemenLQA eviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete: Page# 1 Permit: NC0005258 Owner-Facility: SGL Carbon Corporation Inspection Date: 0 4/2212 0 1 5 Inspection Type: Compliance Evaluation Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable ❑ M ❑ ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: There are no treatment units: process controls are not analyzed. The property has fair housekeeping_ See summary. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ® ❑ ❑ ❑ application? Is the facility as described in the permit? 0 ❑ ❑ ❑ #Are there any special conditions for the permit? ■ ❑ ❑ ❑ Is access to the plant site restricted to the general public? 0 ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? M ❑ ❑ ❑ Comment: SGL Carbon submitted their renewal application in the proper timeframe. The new permit has not been issued:the facility continues to operate under the old permit until the new one is issued. This is an industrial site.There is not a wastewater treatment plant present,so access is restricted in a sense that there is no trespassing allowed, but there is not a fence around the entire property preventing access. There is a description given in the application of the industrial processes taking place onsite. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? 0 ❑ ❑ ❑ Is all,required information readily available, complete and current? . ❑ ❑ ❑ 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? 0 ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ❑ ❑ 0 ❑ Page# 4 Permit: NC0005258 Owner-Facility: SGL Carbon Corporation ection Date: 04/22/2015 Inspection Type: Compliance Evaluation .<ecord Keeping Yes No NA NE (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? ❑ ❑ N ❑ Is the backup operator certified at one grade less or greater than the facility classification? ❑ ❑ . ❑ Is a copy of the current NPDES permit available on site? ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ■ ❑ Comment: Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? ❑ ❑ ❑ Are all other parameters(excluding field parameters)performed by a certified lab? N ❑ ❑ ❑ #Is the facility using a contract lab? N ❑ ❑ ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees ❑ ❑ ❑ Celsius)? Incubator(Fecal Coliform)set to 44.5 degrees Celsius+/-0.2 degrees? ❑ ❑ ❑ Incubator(BOD)set to 20.0 degrees Celsius+/-1.0 degrees? ❑ ❑ N ❑ Comment: Blue Ridge Lab is the contract lab. Flow Measurement- Effluent Yes No NA NE #Is flow meter used for reporting? ❑ ■ ❑ ❑ Is flow meter calibrated annually? ❑ ❑ 0 ❑ Is the flow meter operational? ❑ ❑ . ❑ (If units are separated) Does the chart recorder match the flow meter? ❑ ❑ 0 ❑ Comment: Flow measurement requirements for this facility are daily instantaneous at the effluent. The flow measurements are being determined by a metered stick at the V notch weir. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ❑ ❑ ❑ Is sample collected below all treatment units? ❑ ❑ ❑ Is proper volume collected? ❑ ❑ ❑ Is the tubing clean? ■ ❑ ❑ ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees ❑ ❑ ❑ . Celsius)? Page# 5 Permit: NC0005258 Owner-Facility: SGL Carbon Corporation Inspection Date: 04/22/2015 Inspection Type: Compliance Evaluation Effluent Sampling Yes_No NA NE Is the facility sampling performed as required by the permit(frequency,sampling type ® ❑ ❑ ❑ representative)? Comment: Composite sampling is performed using an ISCO GLS Sampler. The sampler did not indicate an aliquot over 90 ml could be obtained. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ® ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ �] ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ® ❑ Comment: Upstream/Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit(frequency, sampling type, and ■ ❑ ❑ ❑ sampling location)? Comment: Page# 6 HCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 15, 2015 Mr. James'Rice Eaven Brice Partnership 329 Emma Road Asheville, North Carolina 28806 Subject: NOTICE OF VIOLATION NOV-2015-MV-0071 Permit No. NCO067342 North View Mobile Home Park WWTP Buncombe County Dear Mr. Rice: A review of North View Mobile Home Park's WWTP monitoring report for November 2014 showed the following violations: Parameter Date Measuring Frequency Violation Flow 11/29/2014 Continuous Failure to Monitor Flow 11./30/2014 Continuous Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR 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 Resources 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, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement James Queen/ORC G:1WR;WQ\Buncornbe\lrVasteweter;MinorsiNorth View iNl-lP 67342NOV•2015-MV-0071.doc Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)2964500 Fax: (828)299-7043 Internet: http:#portal.ncdenr.org/webiwq An Equal Opportunity/Affirmative Action Employer ��. I`_- XNA North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 15,2015 Laurence Harwood,Jr., General Partner Meadows Partnership P.O.Box 1327 Hixson,TN 37343 Subject: Notice of Deficiency NOD-2015-PC-0114 Permit No. WQ0036327 Mystic Meadows WWTF Swain County Response Deadline:June 15,2015 Dear Mr.Harwood: Staff of the NC Division of Water Resources (DWR) recently reviewed the March 2015 GW-59 forms (Groundwater Quality Monitoring: Compliance Report Forms) for the subject facility. The review revealed the following exceedance of a Title 15A North Carolina Administrative Code (NCAC) 02L .0202 groundwater quality standard(21,standard): 1. Fecal coliform was detected in compliance monitoring well MW-2 in excess of the 2L standard for coliform organisms of 1 CFU/100 ml in the sample collected March 11,2015. Please provide a response to these findings detailing the cause of the coliform organism groundwater exceedance and the actions you took following the detection. This office is aware that follow-up samples were collected. Provide a discussion of the sampling methodology used in the follow up samples and the results of those analyses.Please provide your response by June 15,2015. If you have any questions concerning this Notice,please contact Andrew Moore at(828)296-4684. Sincerely, G.Landon Davidson,P.G. -- - - - - Regional Supervisor Water Quality Regional Operations Section cc: MSC 1617-Central Files-Basement WQ Enforcement Files—Non-Discharge Unit WQ Asheville Files Hugh Shannon,Reuse Innovations(via email) Sara Burkhalter,Alpha Environmental(via email) North Carolina Division of Water Resources—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,N.C. 28778 Phone(828)296-4500 FAX (828)299-7043 Internet: http://portal.ncdenr.org/web/wq/ An Equal Opportunity/Affirmative Action Employer a NN North Carolina Department of Environment and Natural Resources .,at McCrory Donald R. van der Vaart Governor Secretary May 15, 2015 CERTIFED MAIL RETURN RECEIPT REQUESTED- 7014 0510 00004466 6143 Leland &Aileen Moss 269 Ramp Cove Road Cullowhee,NC 28723 - CERTIFIED MAIL RETURN RECEIPT REQUESTED - 7014 0510 0000 4466 6150 Wayne Moss 370 Evitt Cemetery Road Cashiers, NC 28717 SUBJECT: NOTICE OF VIOLATION and NOTICE OF INTENT TO ENFORCE NOV-2014-PC-0200 NOV-2014-PC-0201 Stream Standard Violation- Turbidity Stream Standard Violation- Other Waste (In-stream Sediment) Jackson County Response deadline: June 12, 2015 Dear Mr. Leland Moss; Ms.Aileen Moss; and Mr.Wayne Moss: The Asheville Regional Office (ARO) acknowledges receiving a response letter from Attorney William Clark on November 17, 2014. The response has been reviewed by ARO staff. An investigation conducted on August 8, 2014 indicates the "Leland Moss Fields" and "Keyhole Lane Fields"were contributing turbidity to the upper watershed of Knob Creek and exceeding the stream standard of 10 NTU's.A follow up investigation on August 29, 2014 documented in-stream sediment, originating from these two fields,impacting approximately 2,000 feet of four unnamed tributaries to Knob Creek and an indeterminate length of Knob Creek. The information provided in Mr. Clark's letter does not adequately address the required response outlined in the Notice of Violation (NOV) dated September 16, 2014. The NOV states that you are responsible for providing a stabilization plan and a sediment removal plan to address on-going turbidity and sediment-loss issues associated with the "Leland Moss Fields" and the"Keyhole Lane Fields". North Carolina Division of Water Resources—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,N.C. 28778 Phone(828)296-4500 FAX (828)299-7043 Internet: hftp://portal.ncdenr.org/web/wq/ An Equal Opportunity/Affirmative Action Employer Jackson County-Knob Creek May 15,2015 Page 2 of 2 The DWR requests that you respond to the action items outlined in the initial NOV by June 12, 2015.`Failure to respond adequately and in a timely manner will result in an enforcement action by the Division of Water Resources regarding these issues and any future/continued violations that may be encountered.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.Your response should be sent to the attention of Brett Laverty, Division of Water Resources, 2090 US Highway 70, Swannanoa, NC 28778. Thank you for your attention to this matter.ARO staff are available to meet and discuss this issue with you should you desire. Should you have any questions regarding these matters, please contact m at (828) 296-4500 or brett Laverty ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional-Supervisor - Water Quality Regional Operations Asheville Regional Office ,- cc: ARO file copy Robby Shelton-Jackson County Erosion Control Barry Stevens-Jackson County Soil and Water Conservation District William Clark-Roberts&Stevens Attorneys at Law NCDENR North Carolina Department of Environment and Natural Resources McCrory Donald R.van der Vaart jovernor Secretary . May 18, 2015 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 16, 2015. No F violations of permit requirements or applicable regulations were observed during this inspection. The facility appeared 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 call meat 828-296-4500. Sincerely, Timothy Heim Environmental Engineer Enclosure cc: Juanita James, ORC Central Files Asheville Files G:\WR\WQ\McDowell\Wastewater\Minors\Nebo School 67148\67148 CEI 2015.doc Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-2964500 FAX:828-299-7043 Internet:http://portal.ncdenr.org/web/wq An Equal Opportunity 1 Affirmative Action Employer j-�� >� -� __ __ United States Environmental Protection Agency Form Approved. Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,PCS) ansaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 15 1 3 I NCO067148 111 121 15/04/16 17 18 1,_1 19 I c I 201 21111111111111111111111111111111111111111111 f6 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA —------------—-----Reserved------------------ 67 I 70 J_j 71 Lj 72 L N G 73 L I J 74 751 111 1 1 1 180 Section B:Facility Data L:J L Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 01:OOPM 15/04/16 10/01/01 Nebo Elementary School WWrP 320 S Main St Exit Time/Date Permit Expiration Date Marion NC 28752 02:OOPM 15/04/16 14/12/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Garvin Trinks,2107 Sugar Hill Rd Marion NC 28752//828-652-5504/ No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance N Records/Reports Self-Monitoring Program Facility Site Review Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Timothy H Heim ARO WQ//828-296-4665/ O Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date 5 e�Pa EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (Cont.) 31 NCO067148 I11 12 15/04/16 17 18 - Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Tim Heim and Linda Wiggs of the Asheville Regional Office performed the Compliance Evaluation Inspection on April 16th,2015. Bob Rowe of James&James Environmental and Garvin Trinks of the Nebo School System were present during the inspection. Effluent samples taken during the inspection and analyzed by the ARO lab reported the following results: BOD5= 13 mg/L Fecal Coliform =< Detection Limit TSS=< Detection Limit NH3 (as N) 36 mg/L The facility appears to be well maintained and operated. Page# 2 f NCO067148 Owner-Facility: Nebo Elementary School V\WTP date: 04/1 612 0 1 5 Inspection Type: Compliance Evaluation ,,rations & Maintenance Yes No NA NE is the plant generally clean with acceptable housekeeping? ® ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable M ❑ ❑ ❑ Solids, pH, DO, Sludge Judge,and other that are applicable? Comment: Process control parameters include pH and sludge iudge. The facility is overall well maintained and housekeeping is good. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ■ ❑ ❑ ❑ application? Is the facility as described in the permit? ® ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ■ ❑ ❑ Is access to the plant site restricted to the general public? 0 ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? 0 ❑ ❑ ❑ Comment: Septic Tank Yes No NA NE (If pumps are used) Is an audible and visual alarm operational? ❑ ❑ ■ ❑ Is septic tank pumped on a schedule? M ❑ ❑ ❑ Are pumps or syphons operating properly? ❑ ❑ M ❑ Are high and low water alarms operating properly? ❑ ❑ M ❑ Comment: The school maintenance staff regularly monitor the septic tank with a sludge iudge. The school district owns a pumper truck and regularly uses it to remove solids from the septic tank and clean other parts of the facility as necessary. Sand Filters (Low rate) Yes No NA NE (If pumps are used) Is an audible and visible alarm Present and operational? e ❑ ❑ ❑ Is the distribution box level and watertight? ❑ ❑ ❑ Is sand filter free of ponding? M ❑ ❑ ❑ Is the sand filter effluent re-circulated at a valid ratio? ❑ ❑ ❑ #Is the sand filter surface free of algae or excessive vegetation? M ❑ ❑ ❑ #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) ❑ ❑ ❑ Page# 3 Permit: NCO067148 Owner-Facility: Nebo Elementary School WWTP inspection Date: 04/16/2015 Inspection Type: Compliance Evaluation Sand Filters (Low rate) Yes No NA NE�,,, Comment: #2 sand filter was experiencing ponding in the month prior to the inspection was offline at the time of the inspection According to the ORC and school maintenance staff, the filter operated without ponding for approximately'13 years before this occured. The #2 sand filter was being rehabilitated with new media and applicator lines at the time of the inspection. The#1 sand filter will be rehabilitated proactively after the end of the school year. This work is being overseen by Bob DeWeese, P.E. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ® ❑ ❑ ❑ Are the tablets the proper size and type? ® ❑ ❑ ❑ Number of tubes in use? 2 Is the level of chlorine residual acceptable? M ❑ ❑ ❑ Is the contact chamber free of growth, or sludge buildup? ❑ ■ ❑ ❑ Is there chlorine residual prior to de-chlorination? . ® ❑ ❑ ❑ Comment: An orange scum/foam was observed on the surface of the chlorine chamber at the time of the inspection A sludge iudge was used to assess solids buildup on the bottom of the contact chamber. The results suggest a buildup of red clay soil material.The chlorine contact chamber should be pumped out and the system should be assessed to determine if inflow is occuring. De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ ❑ ■ ❑ Is storage appropriate for cylinders? ❑ ❑ e ❑ #Is de-chlorination substance stored away from chlorine containers? ❑ ❑ ® ❑ Comment: Are the tablets the proper size and type? ® ❑ ❑ ❑ Are tablet de-chlorinators operational? ® ❑ ❑ ❑ Number of tubes in use? 2 Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ® ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ® ❑ Comment: Page# 4 At: NCO067148 Owner-Facility: Nebo Elementary School vwVrP ,i Date: 04/16/2015 Inspection Type: Compliance Evaluation ,uent Sampling Yes No NA NE Is composite sampling flow proportional? ❑ ❑ ® ❑ Is sample collected below all treatment units? ■ ❑ ❑ ❑ Is proper volume collected? ❑ ❑ ❑ ■ Is the tubing clean? ❑ ❑ M ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees ❑ ❑ ® ❑ Celsius)? Is the facility sampling performed as required by the permit(frequency,sampling type ® ❑ ❑ ❑ representative)? Comment: Page# 5 Av® DN North Carolina Department of Environment and Natural Resources _.;Crory Donald R.van der Vaart ✓error Secretary May 18,2015 CERTIFIED MAIL 7014 0610 0000 4466 6174 RETURN RECEIPT REQUESTED Brad Boris, Director, Water Resources Department City of Morganton City of Morganton Morganite Composting Facility and Distribution Program Post Office Box 3448 Morganton,NC 28655 Subject: Notice of Violation and Recommendation for Enforcement Tracking#:-NOV-2015-PC-0117 City of Morganton Morganite Composting Facility and - Distribution Program Permit No. WQ0002127 Burke'County Jear Mr. Boris: A review of the 2014 Annual Report for the subject facility revealed a violation of the following parameters: Date Parameter Reported Value Permit Limit 2/6/2014 Fecal Coliform 20,806 MPN 1000 MPN Bacteria 4/1/2014 Arsenic 65 mg/kg 41 mg/kg(Monthly Average) 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 Permit No. WQ0002127. 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 in the 2014 Annual 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. Water Quality Regional Operations—Asheville.Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:.(828)296-4500 FAX: (828)299-7043 Internet: http://portal.ncdelnr.org/webtwq An Equal Opportunity/Affirmative Action Employer Mr.Boris NOV-2015-PC-0117 May 18,2015 Page 2 Remedial actions,if not already implemented, should be taken to correct any problems. The Division o Water Resources may pursue enforcement actions for this and any additional violations. In addition,the following data items should be re-submitted or clarified: 1. Three sample results submitted for the 7/10/14 sampling event for Selenium(Se);two were compliant and one was not. Please clarify the results. 2. Please submit the fecal laboratory data for the 7/29/14 sampling event. 3. Please re-submit the Annual Residual Sampling Summary Form for the 7/10/14 sampling event. The recorded results do not match the lab data submitted for either lab. Also,there was no lab sheet for Zinc(Zn)for the 7/10/14 sampling event. Please re-submit the above.data within 10 days of receipt of this letter. If you have questions concerning this matter,please do not hesitate to contact me or Beverly Price at 828/296-4500, Sincerely, G. Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations,NCDENR Asheville Regional Office cc: MSC 1617-Central Files-Basement Non-Discharge Enforcement File ARO�WQ.Files ,�� G:\WR\WQ\Burke\Wastewater\Non-discharge\City of Morganton\WQ0002127 2014 AR Review NOV-2015-PC-0117.doc Compliance Inspection Report WQ0002127 Effective: 03/13/09 Expiration: 02/28/18 Owner: City of Morganton JC: Effective: Expiration: Facility: City of Morganton Morganite Composting Facility an( County: Burke 1000 Vine Arden Rd Region: Asheville Morganton NC 28655 Contact Person: Brad E Boris Title: Director Water Resources Dept Phone: 828-438-5285 Directions to Facility: 1-40 to Exit 105 to Hwy.18N.Turn rt.on Hwy.70 By-Pass,turn left @ light to Hwy.70 W. Turn right on Kirksey Dr.Go approx. 1.25 miles to Vine Arden Road on right. System Classifications: Primary ORC: Certification: Phone:' Secondary ORC(s): On-Site Representative(s): 24 hour contact name Brad Edward Boris 828-443-7844 Related Permits: Inspection Date: 06/04/2015 Entry Time: 10:OOAM Exit Time:' 12:OOPM Primary Inspector: Beverly Price Phone: 828-296-4500 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Annual Report Review Permit Inspection Type: Distribution of Residual Solids(503) Facility Status: p Compliant ® Not Compliant Question Areas: ® Miscellaneous Questions ® Record Keeping ® Pathogen and Vector Attraction (See attachment summary) Page: 1 Perrnit: WQ0002127 Owner-Facility:City of Morganton Inspection Date: 05/04/2015 Inspection Type:Annual Report Review Reason for Visit: Routine Inspection Summary: This inspection consisted of a,review of the 2014 Annual Report. The following violations are noted: 1)Fecal Coliform exceeded on 2/6/201.4. The Fecal Coliform-Iimit.is 1000 mpn. The reported result is 20,806 MPN. 2)The Monthly Average for Arsenic(As)was exceeded on 4/1/2014. The As limit is 41 mg/kg. The reported result is 65 mg/kg. Additional Information Needed: 1)Three sample results were submitted for the 7/10/14 sampling event for Selenium(Se);2 were compliant and one was not. Please clarify the discrepancy between the sample results submitted. 2)Please submit the fecal laboratory„data for 7/29/14 3)Please re-submit the Annual Residual Sampling Summary Form for the 7/10/14 sampling event.The recorded results do not match the lab data submitted for either lab. Also,there is no lab sheet for Zinc(Zn)for the 7/10/14 sampling event. Page: 2 Permit: WQ0002127 Owner-Facility:City of Morganton .pection Date: 05/04/2015 Inspection Type:Annual Report Review Reason for Visit: Routine . Tvpe Yes No NA NE Land Application Distribution and Marketing Record Keeping Yes'No NA NE Is GW monitoring being conducted,if required? ❑ ❑ ® ❑ Are GW samples from all MWs sampled for all required parameters? ❑ ❑ A.❑ Are there any GW quality violations? ❑ ❑ ®" Is GW-59A certification form completed for facility? ❑ ❑ ® ❑ Is a copy of current permit on-site? ❑ ❑ ❑ Are current metals and nutrient analysis available? ® ❑ ❑ ❑ Are nutrient and metal loading calculating most limiting parameters? ❑ ❑ ❑ a. TCLP analysis? ❑ ❑ ® ❑ b. SSFA(Standard Soil Fertility Analysis)? ❑ ❑ Are PAN balances being maintained? ❑ ❑ ® ❑ Are PAN balances within permit limits? ❑ ❑ ■ ❑ Has land application equipment been calibrated? ❑ ❑ ® ❑ Are there pH records for alkaline stabilization? ❑ ❑ Are there pH records for the land application site? ❑ ❑ Are nutrient/crop removal practices in place? ❑ ❑ ■ ❑ Do lab sheets support data reported on Residual Analysis Summary? ❑ ® ❑ ❑ Are hauling records available? ® ❑ ❑ ❑ Are hauling records maintained and up-to-date? ®, ❑ ❑ ❑ #Has permittee been free of public complaints in last 12 months? ❑ ❑ ❑ Has application occurred during Seasonal Restriction window? ❑ ❑ . ❑ Comment: 3 sample results were submitted on the ARSSF for the July 10,2014 analyses for Selenium. None of the 3 results match the result that was reported on the Form. Also none of the results reported on the ARSSF for July 10, 2014 match the reported results. Arsenic As)Monthly Limit was exceeded in April. Pathogen and Vector Attraction Yes No NA NE a. Fecal coliform SM 9221 E(Class A or B) ❑ ® ❑ ❑ Class A,all test must be<1000 MPN/dry gram Geometric mean of 7 samples per monitoring period for class B<2.0*10E6 CFU/dry gram ❑ Fecal coliform SM 9222 D(Class B only) ❑ ❑ ® ❑ Geometric mean of 7 samples per monitoring period.for class B<2,0*10E6 CFU/dry gram ❑ b. pH records for alkaline stabilization(Class A) ❑ ❑ ® ❑ Page: 3 Permit: WQ0002127 owner-Facility:City of Morganton Inspection Date: 05/04/2015- inspection Type:Annual Report Review Reason for Visit: Routine c. pH records for alkaline stabilization(Class B) ❑ ❑ ® ❑ Temperature corrected ❑ d. Salmonella(Class A,all test must be<3MPN/4 gram day) ❑ e. Time/Temp;on: ® ❑ El 0 Digester(MCRT) Compost Class A lime stabilization ❑ f. Volatile Solids Calculations ❑ ❑ ® ❑ g. Bench-top Aerobic/Anaerobic digestion results ❑ ❑ ® ❑ Comment: February 6 2014 fecal result exceeded limit of 1,000 MPN. The result was 20,806 MPN. Page: 4 NCDENR North Carolina Department of Environment and Natural Resources ,Crory Donald R.van der Vaart ✓ernor Secretary May 18,2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7014 0510 0000 4466 6796 The Honorable John Boone, Mayor Town of Elk Park P.O. Box 248 Elk Park,North Carolina 28622 Subject: Notice of Violation and Recommendation for Enforcement Tracking#:NOV-2015-LM-0021 Elk Park WWTP NPDES Permit No.NCO079561 Avery County Dear Mayor Boone: A review of the January 2015 self monitoring report for the subject facility revealed violations of the 'ollowing parameter: Date Outfall Parameter Reported Value Permit Limit 01/31/2015 001 Flow 4.26 MGD 0.1 MGD Date Outfall Parameter Frequency Violation 01/01/2015 001 Flow Continuous Failure to Monitor 01/03/2015 001 Flow Continuous Failure to Monitor 01/04/2015 . 001 Flow Continuous Failure to Monitor 01/10/2015 001 Flow Continuous Failure to Monitor 01/11/2015 001 Flow Continuous Failure to Monitor 01/16/2015 001 Flow Continuous Failure to Monitor 01/17/2015 001 Flow Continuous Failure to Monitor 01/18/2015 001 Flow Continuous Failure to Monitor 01/192015 001 Flow Continuous Failure to Monitor 01/24/2015 001 Flow Continuous Failure to Monitor 01/25/2015 001 Flow Continuous Failure to Monitor 01/31/2015 001 Flow Continuous Failure to Monitor Water Quality Regional Operations—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/webtwq An Equal Opportunity/Affirmative Action Employer Mayor John Boone May 18, 2015 Page Two A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued i, 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 January 2015 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. Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources 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, G. Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations,NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement WQ Enforcement/NPDES Point Source Branch (-FtiiP..LVQ',.::eip 'aateaiill{uiricipa(.EikPaxk?g561`tit) e'� l North Carolina Department of Environment and Natural Resources McCrory Donald R.van der Vaart Jovernor Secretary May 18,2015 DWR 4 15-0403 Jackson County Camille& Wade Brannon 48 Muscogee Avenue Atlanta, GA 30305 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION 20 Levi Road-Lake Glenville Dear Mr. &Mrs. Brannon: In accordance with your application dated April 27, 2015 and additional information received via email dated May 13, 2015, approval has been granted for the impactslisted inthe table below. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and any additional conditions listed below. 'roject impacts are covered by the attached Water Quality General Certification Number 3898 and the conditions listed below. This certification is associated with the use of General Permit Number 30 issued by the U.S. Army Corps of Engineers.'Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with your project, including those required by(but not limited to) Erosion and Sediment Control, Water Supply Watershed and Trout Buffer regulations. IMPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. I Type of Impact Amount Approved Permanent Open Waters Above Pool Below Pool 0.003 (acres) 0.005 (acres) Water Quality Regional Operations—Asheville Regional Office 2090 US Hwy 70,Swannanoa,NC 28778 Phone:828-296-45001 FAX:828-299-7043 Internet:http://portal.ncdenr.org/web/wq/ws An Equal Opportunity 1 Affirmative Action Employer Camille&Wade Brannon 20 Levi Road May 18,2015 Page 2 of 3 ADDITIONAL CONDITIONS l. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. 2. All banks shall be laid back to at least a 2:1 (length : height) slope and riprap applied at the water/land interface (at full pool). Riprap shall be placed as a linear protective measure upon the regraded slopes. Stone used in stabilization shall be of a size and density sufficient to prevent movement by wave or current action and shall consist of clean rock or masonry material free of debris or toxic pollutants. The rip-rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall. 3. Replant or allow the re-establishment of native vegetation in areas within the project boundary where it has been removed. Per Exhibit 1`of the Duke Shoreline Management Guidelines. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60)calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5)business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 ,J One(1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H 0.500. Please contact Tim Fox at 828-296-4664 or tim.fox( )ncdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3898 Certificate of Completion DWR ARO 401 files ec: Kevin Holland—Duke Energy David Brown-USACE Asheville Regulatory Field Office Andrea Leslie -NCWRC Laura Herbert—DEMLR Ashley Rodgers - DEMLR G:\WR\WQ\Jackson\401s\Non-DOT\20 Levi Rd\APRVL.401Brannon-20 Levi Rd 5-18-2015.doc NCDENR. North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary May 18, 2015 Natalie J. Berry, P.E.,Assistant County Engineer Cane Creek Water and Sewer District 100 North King Street,Suite 210 Hendersonville, NC 28792 Subject: Permit No.WQ0037779 Cane Creek Water and Sewer District Millpond Creek Pump Station and Sewer Extension Wastewater Collection System Extension Permit Henderson County Dear Ms. Berry: In accordance with your application received May 6th, 2015, we are forwarding herewith Permit No. WQ0037779 dated May 13th, 2015, to the Cane Creek Water and Sewer District (Permittee) for the construction and operation upon certification 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 the following conditions contained within this permit: Condition 11.1: This permit shall not be automatically transferable; a request must be made and approved. Condition 11.4: 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. It shall be responsibility of the Permittee 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. 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. 2090 U.S.70 Highway,Swannanoa,NC 28778 Phone:828-296-4500\Internet:www.ncwaterguality.org An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper Cane Creek Water and Sewer District Permit No.WQ0037779 If you need additional information concerning this matter, please contact Tim Heim at(828)296-4500 o, via e-mail at tim.heim@ncdenr.gov. Sincerely, for S.Jay Zimmerman, Director Division of Water Resources, NCDENR by G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDENR cc: William R. Buie, P.E.—WGLA Engineering PLLC(electronic copy) Kevin Johnson—MSD of Buncombe County(electronic copy) Asheville Regional Office Files Water Resources Central Files PERCS(electronic copy) G:\WR\WQ\Henderson\Collection Systems\Cane Creek Water&Sewer District\WQ0037779 ' Millpond Creek PS FT.docx Page 2of9 T", ► WDENR STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT 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 Cane Creek Water and Sewer District(City of Hendersonville) Henderson County for the construction and operation of approximately 2,762 linear feet of 12-inch gravity sewer; 8,895 linear feet of 8-inch gravity sewer; a 180—gallon per minute pump station with duplex pumps, on-site audible and visual high water alarms, telemetry, and a permanent generator with automatic transfer switch; as well as approximately 14,741 linear feet of 6-inch force main to serve West Henderson High School and Rugby Middle School as part of the Millpond Creek Pump Station and Sewer Extension project, and the discharge of 34,379 gallons per day of collected domestic wastewater into the Downstream Sewer Owner or WWTF Owner's existing sewerage system, pursuant to the application received May 6th, 2015, and in 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. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. c for S.Jay Zimmerman, Director Division of Water.Resources, NCDENR By Authority of The.Environmental Management Commission Permit Number: WQ0037779 Permit Issued: May 13,2015 Page 3 of 9 SUPPLEMENT TO PERMIT COVER SHEET Cane Creek Water and Sewer District is hereby authorized to: Construct, and then operate-upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the MSD of Buncombe County Wastewater Treatment Facility in accordance with Permit Number NC0024911. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division's 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 a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions and any Special Conditions identified below. I. SPECIAL CONDITIONS 1. This permit shall become voidable unless the agreement between CANE CREEK WATER AND SEWER DISTRICT and MSD of Buncombe County for the collection and final treatment of wastewater is in full force and effect. [15A NCAC 02T.0304(h)] 2. Each pump station shall be clearly and conspicuously posted using a weatherproof sign with a pump station identifying name/number, 24-Hour Emergency telephone number, and name of the owner/operator of the sewer system/pump station and instructions to call the number in the event of alarm activation or other emergency. [15A NCAC 02T.0305(h)(2)] II. STANDARD CONDITIONS 1. 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. [15A NCAC 02T.0104;G.S 143-215.1(d3)] 2. 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'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 materials unless specifically mentioned herein. [15A NCAC 02T.0110] 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. [15A NCAC 02T.0110] Page 4 of 9 wastewater collection facilities shall be properly maintained and operated at all times. The .,ermittee 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: [15A NCAC 02T.0108(b)]: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained_. c. An operation and maintenance plan including pump"station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been 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-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. 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. h. A Grease Control Program is in place as follows: 1. for public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal'means to control grease entering the system from other public and,private satellite sewer systems. 2. For privately owned collection systems, the Grease Control Program shall include at least bi- annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts(1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. Page 5 of 9 5. The Permittee shall report by telephone to a water resources staff member at the Asheville Ret; Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hou, 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 SSO and/or spill over 1,000 gallons; or c. Any SSO and/or spill, regardless of volume,that reaches surface water 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 and submitting part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part lI of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. [G.S. 143- 215.1C(a1)] 6. 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. [15A NCAC 02T.0108(b)]' 7. 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. 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. - If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: a. One copy of the project construction record drawings (plan & profile views of sewer lines & force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc. b. One copy of the supporting applicable design calculations including pipe and pump sizing, velocity, pump cycle times, and level control settings, pump station buoyancy,wet well storage, surge protection, detention time in the wet well, and force main, ability to flush low points in force mains with a pump cycle, and downstream sewer capacity analysis. If a portable power Page 6 of 9 source or pump is dedicated to multiple stations, an evaluation of all the pump stations'storage capacities and the rotation schedule of the portable power source or pump, include travel timeframes,shall be provided. c. Changes to the project that do not result in non-compliance with this permit, regulations, or the Minimum Design Criteria should be clearly identified on the record drawings,on the certification in the space provided, or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non-compliance with this permit (including pipe length increases of 10% or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the number/type of connections), regulations, or the Minimum Design Criteria. Requested modifications or variances to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After-construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification&activation. [15A NCAC 02T.0116] 8. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined,a slope variance can be requested from the Division with firm supporting documentation. This shall be done through a permit modification with fee. Such variance requests will be evaluated on a case-by-case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification. [ 15A NCAC 02T.0105(n)] 9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. [15A NCAC 02T.0116] 10. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's Gravity Sewer Design. Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes§143-215.6A through §143-2156C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. [15A NCAC 02T.0104; 15A NCAC 02T.0108(b-c)] 11. 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. [15A NCAC 02T.0110; 15A NCAC 02T.0108(b)] 12. 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 the Division any other Federal, State, or Local government agencies which have jurisdiction or obtaining other permits which maybe required by the Division or any other Federal,State,of Local government agencies. [G.S. 143-215.1(b)] Page 7 of 9 THIS PAGE INTENTIONALLY LEFT BLANK. Page 8 of 9 FAST TRACK SEWER ENGINEERING CERTIFICATION rfEE: CANE CREEK WATER AND SEWER DISTRICT .EMIT#: WQ0037779 ,11ROJECT: MILLPOND CREEK PUMP STATION AND SEWER EXTENSION ISSUE DATE: May 13, 2015 This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the Division has received this Certification and all required supporting documentation. It should be submitted in a manner that documents the Division's receipt. Send the required documentation the Regional Supervisor, Water Quality Regional Operations Section at the address at the bottom. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up until a final certification is received. A Final Certification shall be a complete set of record drawings and design calculations regardless of whether partials have been submitted. PERMITTEE'S CERTIFICATION I,the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name,Title Signature Date ENGINEERS CERTIFICATION as a duly registered Professional En ineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, full time) the construction of the Millpond Creek Pump Station and Sewer Extension and location as referenced above for the above 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 02T; the Division of Water Resources' (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 w/signature&date: ❑ Final ❑ Partial(include description) ....................................................................... Certification Comments/Qualifiers(attach if necessary): NC DWR—Water Quality Regional Operations Section 2090 U.S.70 Highway,Swannanoa, NC 28778 Asheville Regional Office Phone: (828)-296-4500 FAX:(828)-299-7043 400 North Carolina Department of Environment and Natural Resources ,rcCrory Donald R.van der Vaart ivernor Secretary May 18, 2015 Joey Davis Town Manager Town of Tryon 301 N Trade St Tryon,NC 28782 SUBJECT: Compliance Evaluation Inspection Tryon Middle School Permit No: NCO034932 Polk County Dear Mr. Davis: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on May 15, 2015. No violations of permit requirements or applicable regulations were observed during this inspection. The facility appeared to be in Compliance with permit NC0034932. 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, Timothy Heim, P.E. Environmental Engineer Enclosure cc: Deborah Bradley, ORC MSC 1617-Centra1 Files-Basement Asheville Files G:\WR\WQ\Polk\Wastewater\Minors\Tryon Middle School 34932\CEI 5-15-15 34932.doc Water Quality Regional Operations-Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Internet:http:Oportal.ncdenr.org/web/wq An Equal Opportunity\Affirmative Action Employer - United States Environmental Protection Agency Form Approved. Washington,O,C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 U 2 U 3 ( NCO034932 I11 12 15/05/15 �17 181 r.1 191 � I 20I Li Inspection Work Days Facility Self-Monitoring Evaluation Rating, B1 QA --------Reserved---------- 67 70 L_j 71 Lj 72 L N 73 W 74 75�� 80 Section B:Facility Data LJ Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 02:OOPM 15/05/15 13/10/01 Tryon Middle School 147 Harmon Field Rd Exit Time/Date Permit Expiration Date Tryon NC 28782 03:OOPM 15/05/15 18/07/31 Name(s)of Onsite Representative(s)IFitles(s)/Phone and Fax Number(s) Other Facility Data Deborah MBradley/ORC1828-859-5626/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Joel B Burrell,301 N Trade St Tryon NC 28782/Director Public Works/828-859-6654/ No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit Records/Reports Facility Site Review Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Timothy H Heim ARO WQ//828-296-46651 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 NPIDES yr/mo/day Inspection Type 31 NCO034932 �11 12 15/06/15 17 Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) A CEI was performed by Tim Heim and Jeff Menzel of ARO on 05/15/2015 at approximately 2:00 pm. The ORC indicated that the facility is no longer operated as a WWTP and does not provide treatment, this was verified during the.inspection.The school and community center served by this facility are only used occasionally and the wet well is pumped out as necessary.The ORC checks the facility weekly. No discharge was observed during the inspection. Page# 2 ermit: NC0034932 Owner-Facility: Tryon Middle School .stion Date: 05/15/2015 Inspection Type: Compliance Evaluation lerrnit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ n application? Is the facility as described in the permit? ❑ ❑ #Are there any special conditions for the permit? ❑ ❑ Is access to the plant site restricted to,the general public? ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ❑ ❑ ❑ Comment: The facility is no longer operated-as a WWTP and does not provide treatment Page# 3 - .,.�� i--� ���_ _ �/� -- ___._... WA 1114, North Carolina Department of Environment and Natural Resources Crory Donald R.van der Vaart error Secretary May 18,2015 CERTIFIED MAIL 7014 0510 0000 4466 6167 RETURN RECEIPT REQUESTED Tim Barth, Town Manager Town of Columbus Town of Columbus Residuals Land Application Program Post Office Box 146 Columbus,NC 28722 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2015-PC-0116 Town of Columbus Residuals Land Application Program Land Application of Residual Solids Permit No. WQ0002645 Polk County dear Mr. Barth: A review of the 2014 Annual Report for the subject facility revealed the following violations: Date Parameter Reported Value 12/31/2014 Lime Stabilization Records Not Reported 12/31/2014 Metals/Nutrients: Not Reported Aluminum,Ammonia-Nitrogen, Arsenic, Cadmium, Calcium,Copper, ` Lead, SAR calculation,Magnesium, Mercury, Molybdenum,Nickel, Nitrate-Nitrite Nitrogen, Phosphorus, Potassium,pH, PAN calculation, Selenium, Sodium, % Total Solids, TKN, Zinc 12/31/2014 PAN Loading Rates Not Reported 12/31/2014 Metals Loading Rates Not Reported 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 Permit No. WQ0002645. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed Igainst any person who violates or fails to act in accordance with the terms, conditions, or requirements of any Water Quality Regional Operations—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/web/wq An Equal Opportunity/Affirmative Action Employer Mr. Barth NOV-2015-PC-0116 May 18,2015 Page 2 permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted' violations,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 in the 2014 Annual 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. Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If you have questions concerning this matter, please do not hesitate to contact me or Beverly Price at 828/296-4500. Sincerely, e G. Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations,NCDENR Asheville Regional Office cc: MSC 1617-Central Files-Basement Non-Discharge Enforcement File ARO WQ Files G:\WR\WQ\Polk\Wastewater\Non-discharge\Town of Columbus\WQ0002645 NOV-2015-PC-0116.doc Compliance Inspection Report ' WQ0002645 Effective: 01/31/13 Expiration: 10/31/17 Owner: Town of Columbus JC: Effective: Expiration: Facility: Town of Columbus Residuals Land Application Progi County: Polk PO Box 146 Region: Asheville Columbus NC 287220146 Contact Person: Timothy J Barth Title: Town Manager Phone: 828-286-3466 Directions to Facility: From Hwy.74 East: Take Exit 163,turn right on Fox Mtn.Rd.(SR 1531),right on Woodland Drive(SR 1532),go approx. 100 yds.to Lewis Rd.(SR 1557)on the left.WWTP 1/4 mile on left. System Classifications: LA, Primary ORC: Dennis Key Certification: 15704 Phone: 336-957-8909 Secondary ORC(s): On-Site Representative(s): 24 hour contact name Dennis Key 336-957-8909 Related Permits: NC0021369 Town of Columbus-Columbus WWTP Inspection Date: 05/04/2015 Entry Time: 08:OOAM Exit Time: 10:OOAM Primary Inspector: Beverly Price Phone: 828-296-4500 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Annual Report Review Permit Inspection Type: Land Application of Residual Solids(503) Facility Status: Compliant Not Compliant Question Areas; Miscellaneous Questions Record Keeping . Sampling Pathogen and vector Attraction (See attachment summary) Page: 1 Permit: WQ0002645 Owner-Facility:Town of Columbus Inspection Date: 0 5/0412 0 1 5 Inspection Type:Annual Report Review Reason for Visit: Routine Inspection Summary: This inspection consisted of a review of the 2014 Annual Report. Metals and nutrient analyses were not done. PAN and metals loading rates were not calculated. Lime stabilization records were not submitted. As a reminder: 1)lgnitability/Reactivity/Corrosivity analyses are required in conjunction with the TCLP anaysis which is required once pet permit cycle. These analyses were not done in 2014. The analyses should be completed before the end of the permit cycle. 2)Both fields receiving residuals(Frank Smith C1-3 and Cl-4)had pH<6. Additional lime was not added to the fields according to the report. Page: 2 ,,ermit: WQ0002645 Owner-Facility:Town of Columbus .action Date: 05/04/2015 Inspection Type:Annual Report Review Reason for Visit: Routine TVpe Yes No NA NE Distribution and Marketing Land Application . Record Keeping Yes No NA NE Is GW monitoring being conducted,if required? Are GW samples from all MWs sampled for all required parameters? 0 E] 0 El Are there any GW quality violations? ■ ❑ Is GW-59A certification form completed for facility? Is a copy of current permit on-site? ■ El Are current metals and nutrient analysis available? Ele El 0 Are nutrient and metal loading calculating most limiting parameters? (� a. TCLP analysis? b. SSFA(Standard Soil Fertility Analysis)? E Are PAN balances being maintained? El E El El' Are PAN balances within permit limits? 0 El El ■ Has land application equipment been calibrated? [l El ■ El Are there pH records for alkaline stabilization? El N El El Are there pH records for the land application site? El 0 Are nutrient/crop removal practices in place? El 0 . Do lab sheets support data reported on Residual Analysis Summary? [] El N El Are hauling records available? Are hauling records maintained and up-to-date? #Has permittee been free of public complaints in last 12 months? [� Has application occurred during Seasonal Restriction window? ❑ 0 ■ El Comment: Metals analysis was not done. Nutrient analysis was not done. I nitability/Corrosivity/Reactivity analyses were not done. PAN loading rates were not calculated. Metals loading rates were not calculated. Pathogen and Vector Attraction Yes No NA NE a. Fecal coliform SM 9221 E(Class A or B) El El 0 0 Class A,all test must be<1000 MPN/dry gram Geometric mean of 7 samples per monitoring period for Gass B<2.0*10E6 CFU/dry gram [� Fecal coliform SM 9222 D(Class B only) Geometric mean of 7 samples per monitoring period for class B<2.0*10E6 CFU/dry gram [] b. pH records for alkaline stabilization(Class A) QElo Page: 3 Permit: WQ0002645 Owner-Facility:Town of Columbus Inspection Date: 05/04/2015 Inspection Type:Annual Report Review Reason for Visit: Routine c. pH records for alkaline stabilization(Class B) ❑ ® ❑ ❑' Temperature corrected ❑ d. Salmonella(Class A,all test must be<3MPN/4 gram day) ❑ ❑ 0 ❑ e. Time/Temp on: ❑ ❑ . ❑ Digester(MCRT) ❑ Compost ❑ Class A lime stabilization ❑ f. . Volatile Solids Calculations ❑ 110 ❑ g. Bench-top Aerobic/Anaerobic digestion results ❑ ❑ ® ❑ Comment: Lime stabilization records were not submitted. Sampling Yes No NA NE Describe sampling: Is sampling adequate? ❑ ❑ ❑ ❑ Is sampling representative? ❑ ❑ ❑ ❑ Comment i_ Page: 4 wr��® NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary May 19, 2015 CERTIFIED MAIL RETURN RECEIPT REOUESTED—7014 0510 0000 4466 6181 Edwards Robert Benjamin Heirs Attention: Mr. Ryan Whitson 215 Bee Tree Road Swannanoa,NC 28778 SUBJECT: NOTICE OF VIOLATION 415 Bee Tree Road, Swannanoa,NC NOV-2015-PC-0111 Removal of Best Usage Buncombe County Response deadline: June 19,2015 Dear Mr. Whitson: On May 12,2015,Zan Price and Tim Fox from the Asheville Regional Office of the Division of Water Resources (DWR) conducted a site inspection at 415 Bee Tree Road in Buncombe County. We subsequently met with Mr. Whitson at the site later on May 12, 2015 to discuss our concerns. Stream standard violations were noted during the inspection. As a result of the site inspection,the following violation was identified: VIOLATION I. Removal of Best Usage— 15A NCAC 02B.0211 (2)—an undetermined length of an unnamed tributary to the Swannanoa River, a Class C river,were impacted by excavation and channel over-widening representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2). REQUIRED RESPONSE The DWR requests that you respond by June 19,2015 Your response should be sent to the attention of Zan Price, Division of Water Resources, 2090 US HWY 70, Swannanoa,NC 28778 and should address the following items: Water Quality Regional Opertations—Asheville Regional Office One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone: 296-4500\FAX:828-299-7043 �atura!!lf Internet:: www.ncwaterquality.org An Equal Opportunity\Affirmative Action Employer 415 Bee Tree Road May 19,2015 Page 2 of 2 1. Removal of Best Usage—15A NCAC 02B.0211(2) 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 Stream Stabilization 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 in order to achieve compliance. Alternatively,please contact Mr. Anthony Dowdle with the Buncombe County Soil and Water Conservation District for assistance with the Stream Stabilization Plan. The plan must include stabilization of all onsite stream impacts, stabilization of the stream bank and buffer along the stream, and stabilization of the excavated material to prevent sedimentation to the unnamed tributary and the Swannanoa River,which could result in additional stream standard violations. It is recommended that your consultant and/or Mr. Dowdle contact Zan Price of the Asheville Regional Office for additional guidance during plan development. The plan should include the proposed schedule with dates that indicate when you expect to begin and complete the stabilization work. Once the plan has been implemented and is complete,a final report documenting stabilization of the stream should be submitted to Zan Price. " 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`Resources 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 and properly resolved. Pursuant to G.S. 143-215.6A, 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 Zan Price at(828)296-4500 or zan. rta ice(a7ncdenr.gov . Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc: Karen Higgins,401 &Buffer Permitting Unit ARO File Copy Tasha Alexander,US Army Corps of Engineers(email copy) Anthony Dowdle,Buncombe County Soil and Water Conservation District(email copy) G:\WR\WQ\Buncombe\Complaints\415 BeeTree\NOV 2015-PC-01I Ldoc IF 4•NCDENR North Carolina Department of Environment and Natural Resources ,,:Crory Donald R.van der Vaart ,vernor Secretary May 19, 2015 DWR#15-0404 Haywood County Preston Kendall, Real Estate Project Manager Ingles Markets Incorporated Post Office Box 6676 Asheville, North Carolina 28816 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Ingles-Waynesville Culvert Replacement Dear Mr. Kendall: You have our approval for the impacts listed below for the purpose described in your application received by +lo Division of Water Resources (Division) on April 30, 2015. These impacts are covered by the attached titer Quality General Certification Numbers 3883 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Number 3 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by(but not limited to) Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certifications) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the.Certification,General Permit and/or Buffer Rules are met,with the exception of condition number 8 (placement of culverts and other structures in waters and wetlands). No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or(c)] Type of Impact Amount Approved Amount Approved (linear feet) Temporary Permanent Stream S1 1,200 If Division of Water Resources—Asheville Regional Office 2090 US Hwy 70,Swannanoa,NC 28778 Phone:828-296-4500\FAX:828-299-7043 Internet:http://portal.ncdenr.org/web/wq/ws An Equal Opportunity\Affirmative Action Employer Waynesville Ingi� 2. This approval is for the purpose and design described in your application. The plans and specificati,. for this project are incorporated by reference as part of the Certification/Authorization. If you change your project,you must notify the Division and you may be required to submit a.new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certifications) and is responsible for complying with all conditions. [15A NCAC 02H.0507(d)(2)] 3. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small animals. [15A NCAC 02H .0506(b)(2)] 4. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill,the permitee/contractor shall immediately contact the Division, between the hours of 8 am to 5 pm at the Asheville Regional Office at 828.296.4500 and after hours and on weekends call (800)858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and . Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200(3)(f), and GS 143 Article 21A] 5. Stormwater Management Plan(SMP)Approval from Town of Waynesville Required. You are required to provide one copy of the approved SMP, including plan details on full-sized plan sheets,with proof of the Town of Waynesville's approval The approved SMP shall be submitted to the DWR 401 & J' Buffer Permitting Unit(1617 Mail Service Center, Raleigh, NC 27699-1617) before any impacts authorized in this certification occur. After it is approved and submitted to the Division,the SMP may not be modified without prior written authorization from the Town of Waynesville. If the SMP is modified in the future,then you shall provide one modified SMP with proof of approval to the DWR 401 & Buffer Permitting Unit prior to the commencement of the modifications. [15A NCAC 02H .0506(b)(5)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60)calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919)431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Waynesville Ingles Culvert Replacement DWR#15-0404 401 APPROVAL Page 3 of 4 address for the OAH: If sending via US Postal Service: If sending via delivery service(UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A -'AC 02H .0500. Please contact Ed Williams at 828-296-4662 or ed.williams@ncdenr.gov if you have any `L,,aestions or concerns. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3883 Certificate of Completion Waynesville IngIE,, cc: Clement Riddle, Clearwater Environmental David Brown—USACE Asheville Regulatory Field Office Laura Herbert- Division of Energy, Mineral, and Land Resources Andrea Leslie—NCWRC DWR ARO 401 files DWR 401 and Buffer Permitting Unit G:\WR\WQ\Haywood\401s\Non-DOT\Ingles Markets-Waynesville\APRVL.4011nglesCulvertReplacement 05-19-.15.doc � J North Carolina Department of Environment and Natural Resources wlcCrory Donald R.van der Vaart 3ovetnor Secretary Certified Mail#7014 0510 0000 4466 5825 Return Receipt Requested May 19,2015_ Ted Nye GGCC Utility Inc PO Box 368 Linville,NC 28646-0368 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 No.NCO023124 GGCC Utility Inc GGCC Utility WWTF Case No.MV-2015-0012 Avery County Jear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the-amount of$2,78.26($119.00 civil penalty +$159.26 enforcement costs)against GGCC Utility Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by GGCC Utility Inc for the month of.December 2014. This review has shown the subject facility to be in violation of the discharge-limitations and/or monitoring requirements found in NPDES Permit No.'NC0023124. The violations,which occurred in December 2014,are summarized in Attachment A to this letter. j Based upon the above facts, I conclude as a matter of law that GGCC Utility Inc violated the terms, conditions or requirements of NPDES Permit No. NCO023124 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements -of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the .Director of the Division of:Water Resources, I, G. Landon Davidson,` Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against GGCC Utility Inc: 2090 U.S.70 Highway,Swannanoa,NC 28778 Phone:828-296-4500 1 Internet:www.nedenr.gov<http:/hvww.nedenr.gov> An Equal opportunity!.Affirmative Action Employer-Made in part by recycled paper $75.00 for 1 of the 1 failures to properly monitor TOTAL N - Cone in violation of NPDBS NC0023124. $44.00 for l of the 1 failures to properly monitor TOTAL P Cone in violation of NPDES Permit . NC0023124. 119.00 TOTAL CIVIL PENALTY $159.26 Enforcement Costs 278.26 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority;and (8) The cost to the State of the enforcement procedures. Within thirty(30)days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission,OR (3) Submit a written request for an administrative hearing Option 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: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 2 submit a written request for remission or mitigation including a detailed justification for such ,.se be.aware that a request for remission is limited to consideration of the five factors listed below as they may .elate 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 Resources at the address listed below. "In determining whether a remission request will be approved,the following factors shall be.considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.I(b)was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations;or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request-for remission must be submitted in writing. The Director of the Division of the Division of Water Resources 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 'f 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 Resources also requests that you complete and submit the enclosed "Justification for Remission Request" Both forms should be submitted to the following,address: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 3 Option 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""" administrative hearing. You may obtain the petition form from:-the Office of Administrative Hearings. You must-,, the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is. considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings 'accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic'transmission. You should contact the Office of Administrative Hearin-as with all questions regarding the filing fee and/or the details of the filingprocess. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center J Raleigh,NC 27699-6714 _.- Tel: (919)733-2698 Fax: (919)733-3478 One(1)copy of the petition must also be served on DENR as follows: Mr. Sam M.Hayes,General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter)on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal' date/time received stamp (not a postmark), will result in this matter being referred to the Attorney GeneraPs 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. 4 questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville o at(828)296-4667 or via email atianet.cantwell@ncdenr.gov. Sincerely, for S.Jay Zimmerman,F.G. Director,Division of Water Resources,NCDENR By G.Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDENR ATTACHMENTS Cc: WQS Asheville Regional Office-Enforcement File (w/attachments) NPDES Compliance/Enforcement Unit-Enforcement File (w/attachments) Central Files,Water Quality Section (w/attachments) t 5 JUSTIFICATION FOR REMISSION REQUEST Case Number: MV-2015-0012 County: Avery Assessed Party: GGCC Utility Inc Permit No.: N00023124 Amount Assessed: $278.26 Please use this form when requesting remission of this civil penalty. You must also complete the 'Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. .Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. 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 notprevent 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: �40RTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES ATY OF AVERY IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS GGCC Utility Inc ) GGCC Utility WWTP ) PERMIT NO.NCO023124 ) CASE NO. MV-2015-0012 Having been assessed civil penalties totaling $278.26 for violation(s) as set forth in the assessment document of the Division of Water Resources dated May 19, 20155 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 Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of 20 SIGNATURE ADDRESS TELEPHONE c c w o 0 H o 0 z > > d 0 F- c c 5 CDp LT Q > L` L` z O Z5 w o � o � 0 QQW ...i W a a a � M LL. - za c cn � W N S` r O O LA �- : N V LI. :. U a CY ~Q m. Ill. IT z M M w . a H- v $, W z a i- U a 0O U C7 O z O J _ O w W - V J U. a' - f„ O. e- P �- o O a F v a N z LL, N N Vo d 0 2 W C W a IL North Carolina Department of Environment and Natural Resources ;McCrory Donald R.van der Vaart jovernor Secretary Certified Mail#7014 0510 0000 4466 5801. Return Receipt Requested May 19,2015 David S Wack Fletcher Academy Inc PO Box 5440 Fletcher,NC 28732-5440 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 No.NCO036641 Fletcher Academy Inc Fletcher Academy WWTP Case No.LM-2015-0008 Henderson County >ear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$309.26($150.00 civil penalty +$159.26 enforcement costs)against Fletcher Academy Inc. This assessment is based upon the following facts: a review"has been conducted of the discharge monitoring report (DMR) submitted by Fletcher Academy Inc for the month of January 2015. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0036641. The violations,which occurred in January2015,are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Fletcher Academy Inc violated the terms, conditions or requirements of NPDES Permit No. NCO036641 and G.S. 143-215.1(a)(6) in the manner and extent shown mi Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty,may be assessed against any person who violates the terms,` conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, I, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Fletcher Academy Inc: 2090 U.S.70.Highway,S minanoa,NC 28778 Phone:828-296-4500 \Internet:www.nedeily.gov,--http://,;viv",,nedenr.gov�; An Equal Oppornmity\Affirmative Action Employer-Made in part by recycled paper 150.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.N00036641, by n. waste water into the waters of the State-in violation of the Permit Daily Maximum for L Cone. 0.00 0 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0036641, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for BOD - Cone. $0.00 for 0 of the 1 failures to properly monitor TEMP-C in violation of NPDES Permit No. NC0036641 150.00 TOTAL CIVIL PENALTY $159.26 Enforcement Costs $309.26 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation;. (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority;and (8) The cost to the State of the enforcement procedures. Within thirty(30)days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty,OR (2) Submit a written request for remission,OR (3) Submit a written request for an administrative hearing Option 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: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina'27699-1617 2 Submit a written request for remission or mitigation including a detailed justification for such .se be aware that a request for remission is limited to consideration of the five factors listed below as they may .elate 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 Resources at the address listed below. In determining whether a remission request will be approved,the following.factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations;or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Resources 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 Ri�ht to an Administrative Hearing and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 3 Option 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` administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must,-, the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is, considered filed when it is received in the Office of Administrative Hearings during normal office hours. The.Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)733-2698 Fax: (919)733-3478 One(1)copy of the petition must also be served on DENR as follows: Mr. Sam M.Hayes,General Counsel - Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter)on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for _collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. 4 questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville at(828)296-4667 or via email at janet.cantwell@ncdenr.gov. Sincerely, for S.Jay Zimmerman,P.G. Director,Division of Water Resources,NCDENR By G.Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDENR ATTACHMENTS Cc; WQS Asheville Regional Office-Enforcement File (w/attachments) NPDES Compliance/Enforcement Unit-Enforcement File (w/attachments) Central Files,Water Quality Section (w/attachments) _i 5 JUSTIFICATION FOR REMISSION REOIIEST Case Number: LM-2015-0008 County: Henderson Assessed Party: Fletcher Academy Inc Permit No.: NCO036641 Amount Assessed: $309.26 Please use this form when requesting remission of this civil penalty.. You must also complete the 'Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. 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: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES ,STY OF HENDERSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Fletcher Academy Inc }' Fletcher Academy WWTP } PERMIT NO.NCO036641 ) CASE NO. LM-2015-0008 Having been assessed civil penalties totaling 1309.26 for violation(s) as set forth in the assessment document of the Division of Water Resources dated May 19, 2015, 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 Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of '20 SIGNATURE ADDRESS TELEPHONE a� ILCL a) LLI o w o d 2 E O y ID F c < 5 z 0 2 _? 0 , t i.. a � � > LL O ° Z O W w rn m w 1- ai ai w 0 N 0 g e o a w w c � _ co o gw o 'a J , M V ; C J O O `� — O V Eco O v O v � c � h W W -.Z N `•O O T J �. . � Y w Q X X � CD LL N N {L 4) . F- oZ Z W N g � Z O N M O c� LU j a- Q Fa U V - H C C F Chi ui U 0 U a o a g W IL m m y F- d LL Z Z O O H a) 6) Q J O W w p J w V LL J J j CL F CL C - 0 0 .o O o C9 O m cc 0tL_ . u�. �n c a r� Zm n'O R' O O 4f 0Z w 4: p O c,04 � O R{ } O N O o C H o F— w Z � � O Q O Z W J IL 0 0. 0. r�-, � � �_,, __ North Carolina Department of Environment and Natural Resources .McCrory Donald R.van der Vaart governor Secretary Certified Mail#7014 0510 0000 4466 5818 Return Receipt Requested May 19,2015 Edward T Vance Town of Crossnore PO Box 129 Crossnore,NC 28616-0129 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 No.NCO026654 Town of Crossnore Crossnore WWTP Case No.MV-2015-0011 Avery County -)ear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$288.26($129.00.civil penalty +$159.26 enforcement costs)against Town of Crossnore. This assessment is based upon the following facts: a review.has been conducted of the discharge monitoring report (DMR) submitted by Town of Crossnore for the month of December 2014. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0026654. The violations,which occurred in December 2014,are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Town of Crossnore violated the terms, conditions or requirements of NPDES Permit No. NCO026654 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who, violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). - Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, I, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Town of Crossnore: f _ 2090 U.S.70 Mghivay,Swannanoa,NC 28778 Phone:828-296-4500 1 Intemet;wwtv:nedenr.gov<http:/Ak-w;•.ncdenr.gov> An Equal Opportunity 1 Affirmative Action Employer-N4ade in part by recycled paper $75.00 for 1 of the 1 failures to properly monitor TOTAL N - Cone in violation of NPDES NC0026654. $54.00 for 1 of the 1 failures to properly monitor TOTAL P - Cone in violation of NPDES Permit. NC0026654. 129.00 TOTAL CIVIL PENALTY $159.26 Enforcement Costs $288.26 TOTAL AMOUNT DUE Pursuant to G.S. 143-21.5.6A(c), in determining the amount of the penalty l have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-282.1(b),which are. (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority;and (8) The cost to the State of the enforcement procedures. Within thirty(30)days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty,OR (2) Submit a written request for remission,OR (3) Submit a written request for an administrative hearing Option 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: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 2 Submit a written request for remission or mitigation including a detailed justification for such .se be aware that a request for remission is limited to consideration of the five factors listed below as they may .elate 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 Resources 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 Resources 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 S9pulation of Pacts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Re' uc�est:" Both forms should be submitted to the following address: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 3 Option 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`. administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must,, the petition with the Office of Administrative Hearings within thirty (30)'`days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §15013-23.2) is`received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)733-2698 Fax: (919)733-3478 One(1)copy of the petition must also be served on DENR as follows: Mr. Sam M.Hayes,General Counsel Department of Environment and Natural Resources w 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter)on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. 4 questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville ..:e at(828)296-4667 or via email at ianet.cantwell@ncdenr.gov. Sincerely, for S.Jay Zimmerman,P.G. Director,Division of Water Resources,NCDENR By G.Landon Davidson, Regional Supervisor Water Quality Regional Operations Section : Asheville Regional Office Division of Water Resources,NCDENR ATTACHMENTS Cc: WQS Asheville Regional Office-Enforcement File (w/attachments) NPDES Compliance/Enforcement Unit-Enforcement File (w/attachments) Central Files,Water Quality Section (w/attachments) 5 JUSTIFICATION FOR REMISSION REQUEST Case Number: MV-2015-0011 County: Avery Assessed Party: Town of Crossnore Permit No.: NCO026654 Amount Assessed: $288.26 Please use this form when requesting remission of this civil penalty. You must also complete the 'Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be,aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. 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: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES jNTY OF AVERY IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Town of Crossnore ) Crossnore WWTP ) PERMIT NO.NCO026654 ) CASE NO. MV-2015-0011 Having been assessed civil penalties totaling $288.26 for violation(s) as set forth in the assessment document of the Division of Water Resources dated May. 19, 2015, 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 Resources 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 \\ /�._..� ' - �� -. �:j ��....�i W O O - - O O z > > Oi g a) t o a a Q > LL z O w r- O a w w JLL - z 0 .. __ z E 0 0 O T U Z W ?. T 'Z_ 1. O > N US tU p LL ( C ha- 3 w z w v Q W O r N Q U o � IL v F w z d Q d a o 0 H 6 f- F- W O V z O ~ O r J J W W V J W 0. P IL O o 0 t9 Z 90 � a o 00 m o F„ a v d w 0 l6 Q C. N (D C N z. .cn y e- O b ~ w Q ti t z 69. 69. W 0 W 0. CL LU - - MCD94R North Carolina Department of Environment and Natural Resources icCrory Donald R.van der Vaart ,overnor Secretary Certified Mail#7014 0510 0000 4466 5849 Return Receipt Requested May 20,2015 John Condrey,City Manager Town of Forest City PO Box 728 Forest City,NC 28043-0728 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute(G.S.) 143-21S.1(a)(6) and NPDES Permit No.NCO087084 Town of Forest City Riverstone Industrial Park WWTP Case No.LV-2015-0072 Rutherford County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$284.26($125.00 civil penalty +$159.26 enforcement costs)against Town of Forest City. This assessment is based upon the following facts: a,review has been conducted of the discharge monitoring report (DMR) submitted by Town of Forest City for the month of January 2015. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0087084. The violations,which occurred in January 2015,are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Town of Forest City violated the terms, conditions or requirements of NPDES Permit No. NCO087084 and G.S. 143-215 1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S, 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, I, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Town of Forest City: 2090 U.S.70 Highway,Swannanoa,NC 29778 Phone:828-296-4500 \Internet:wwwncdenr.gov<h11p://w1,vw.ncdenr.gov> An Equal Opportunity\Affirmative Action Employer-Nfade in part by recycled paper $0.00 0 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.N00087084, by dig waste water into the waters of the State in violation of the .Permit Monthly Average for Conc. 125.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.N00087084, by discharging waste water into the waters of the State in violation of the Permit Weekly Average for TSS - Cone. 125.00 TOTAL CIVIL PENALTY 159.26 Enforcement Costs 284.26 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S.143B-282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority;and (8) The cost to the State of the enforcement procedures. Within thirty(30)days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission,OR (3) Submit a written request for an administrative hearing Option 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.- NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 2 submit a written request for remission or mitigation including a detailed justification for such ,a be aware that a request for remission is limited to consideration of the five factors listed below as they may .;late 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 Resources 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 Resources 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 Resources also requests that you complete and submit the enclosed "Justification for Remission Request. Both forms should be submitted to the following address: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 3 Option 3: File a petition for an administrative hearina with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition to administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must ti:. the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office.of Administrative Hearings during normal office hours. The Office of Administrative Hearings`accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or,electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)733-2698 Fax: (919)733-3478 One(1)copy of the petition must also be served on DENR as follows: Mr. Sam M.Hayes,General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter)on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. 4 ,questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville at(828)296-4667 or via email at janet.cantwell@ncdenr.gov. Sincerely, for S.Jay Zimmerman,P.G. Director,Division of Water Resources,NCDENR By G.Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDENR ATTACHMENTS Cc: WQS Asheville Regional Office-Enforcement File (w/attachments) NPDES,Compliance/Enforcement Unit-Enforcement File (w/attachments) Central Files,Water Quality Section (w/attachments) 5 JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2015-0072 County: Rutherford Assessed Party: Town of Forest City Permit No.: NC0087084 Amount Assessed: $284.26 Please use this form when requesting remission of this civil penalty. You must also complete the 'Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. 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 (Le., 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: .JRTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES fY OF RUTHERFORD IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Town of Forest City Riverstone Industrial Park WWTP ) PERMIT NO.NCO087084 } CASE NO. LV-2015-0072 Having been assessed civil penalties totaling $284.26 for violation(s) as set forth in the assessment document of the Division of Water Resources dated May 20, 2015, 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 Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of 520 SIGNATURE ADDRESS TELEPHONE I; d o w IL � w Lu 0 > QJ Q Q H D w a o z 0 LU 7 N N M N Q - 0 W H g 5 m n J in t J �.r Q r r J 3 U. 0 0 7 — — U Z Q E E W N � ti O Z+ G �- Q U La C1 z / Z C Y v U. J y - V o H � w o Q FIL z ?„Z 0 p r M � � LU Y cap a 2 LU t� c C W O 0 d U U C O � � d 'H H tU R' zz F V > > J W W LL J - J _ LLLL a � a � r O o a O z d. a. O o0 Oa Ln Ln W j' 0 H Q O O - O C � U o z R p j o 0 �C Q N OfR QW, (Fa W J d � \\ i,�// Z4XM*) NCDENR North Carolina Department of Environment and Natural Resources :>rory Donald R.van der Vaart ,:rnor Secretary May 20,2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7014 0510 0000 4466 6832 Ms. Anna A. Payne, Town Manager Town of Murphy P.O. Box 130 MurphyNC289060130 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2015-LV-0336 Murphy WWTP NPDES Permit No. NCO020940 Cherokee County Dear Ms. Payne: A review of the December 2014 self-monitoring report for the subject facility revealed a violation of the following parameter's 2014 Mercury Monitoring Average Annual Load: Date Outfall Parameter Reported Value Permit Limit 12/31/2014 001 Total Mercury 8.27 µg/L 0.047 µg/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.NC0020940. 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 2014 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. Water Quality Regional Operations—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/web/wq An Equal Opportunity/Affirmative Action Employer Ms. Anna A. Payne May 20,2015 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division , Water Resources 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, G. Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations,NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement WQ Enforcement/NPDES Point Source Branch G:�F2,H'Q`..C1ier rkee+4t''asteuatarihiwiicipaP.\4urph•WWTP 2044iP,NOV-NRL-201;-LV-0.36.doc NCDENR North Carolina Department of Environment and Natural Resources McCrory Donald R. van der Vaart Governor Secretary May 21,2015 CERTIFIED MAIL 7014 0510 0000 4466 6198 RETURN RECEIPT REQUESTED Fred Baisden,Mayor City of Saluda PO Box 248 Saluda NC 28773-0248 Subject: Notice of Violation NOV-2015-PC-2015 - Permit No. WQCSDO059 City of Saluda Polk County Dear Mr. Baisden, On May 5 & 14, 2015, staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section(WQROS), inspected the subject wastewater collection system. We wish to thank you, Jon Cannon,Bill Obermiller and Juanita James who were present and assisted during then inspection. The following items specify criteria that were in violation during the time of the inspection. This is a deemed permitted collection system and is subject to the following rule: 15A NCAC 02T .0403 Permitting by Regulation (Also please refer to the attached inspection report): Criteria(a) (1) states in part, "The sewer system is effectively maintained and operated at all times to prevent discharge to land or surface waters...... Manhole at Cullipher& Henderson: ,The inspection in 2014 noted that this manhole needed immediate evaluation for repair/replacement due to illegally discharging into the ground because the bottom and invert were decayed. Also the inspection indicated that the lines to and from the manhole needed evaluation. Manhole at Hwy.176 & Cullipher: The inspection in 2014 noted that the bottom and invert needed to be repaired/replaced;the side walls sealed and lines to and from needed to be evaluated. On the day of the inspection,neither of these manholes had been repaired. Criteria(a)(2)states,"A map of the sewer system has been developed and is actively maintained. On the day of the inspection, the map was available but had not been updated. Please see the inspection summary for details. Criteria (a) (3) & (4) addresses in part, operation & maintenance plans, pump station inspections, preventative maintenance schedules... On the day of the inspection, the pump station inspection logs only showed that pump run times were recorded;no other maintenance or checks were documented. Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Internet:hffp:Hportal.ncdenr.org/web/Wq An Equal Opportunity 1 Affirmative Acton Employer Mr.Baisden Permit#WQCSD0059 NO,V-2015-P-0120 May 21,2015 Page 2 Criteria (a) (5) states, "High priority sewers.are inspected by the permittee or its representative at least once every six-months and inspections are documented". On the day of the inspection,this documentation was not available. Criteria (a) (6) states "A general observation by the. permittee or its representative of the entire sewer system is conducted at least once per year". On the day of the inspection,this was not done. You are required to provide a written response to this Notice by June 21. 2015. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. Failure to comply with conditions in a permit may result in'a recommendation of enforcement action, to the Director of the Division of Water Resources who may issue a civil penalty assessment of not more that twenty- five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions,or requirements of a permit under authority of G.S. 143-215.6A. If you have any questions concerning this Notice,please contact Beverly Price or me at(828)296-4500. Sincerely, G.Landon Davidson,P.G. Regional Supervisor Water Quality Regional Operations"Section attachment: Inspection Report cc: Jonathan Cannon,Zoning Administrator,City of Saluda w/attachment Juanita James, James & James Environmental Management, Inc. PO Box 519 Mountain Home NC 28758 w/attachment ARO Water Quality Files MSC 1617-Central Files-Basement GAWR\WQ\Polk\Collection Systems\Saluda WQCSD0059\WQCSD0059 CEI NOV-2015-PC-0120.doc Compliance Inspection Report VVQCSDO059 Effective: 03/01/00 Expiration: Owner: CityofSaluda Effective: Expiration: Facility: City of Saluda Collection System County:Polk Region: Asheville Contact Person: Fred Baisden Title: Mayor Phone: Directions to Facility: System Classifications: CS1, Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): 24 hour contact name Bill Obermiller On-site representative Juanita Reed James On-site representative Fred Baisden On-site representative Jonathan Cannon On-site representative Bill Obermiller Related Permits: Inspection Date: 05/05/2015 Entry Time: 09:OOAM Exit Time: 12:OOPM Primary Inspector: Beverly Price Phone: 828-296-4500 Secondary Inspectors): Reason for Inspection: Routine Inspection Type: Collection System Inspect Non Sampling Permit Inspection Type: Deemed permitted collection system management and operation Facility Status: [] Compliant Not Compliant Question Areas: Miscellaneous Questions Performance Standards Operation&'Maint Reqmts Records Inspections Pump Station Manhole (See attachment summary) Page: Permit: WQCSDO059 Owner-Facility:City of Saluda Inspection Date: 05/05/2015 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine Inspection Summary: This inspection included a records review(5/14)and site visit(5/5)to 3 manholes and 4 pump stations. The inspection was conducted over two days as the Town did not have paper files available for review on May 5th. This is a deemed permitted system which adheres to 15A NCAC 02T.0403 Permitting By Regulation. A copy of the 2T Rules was given to the Town at the inspection. Hwy 176 PS-Alarm float was not in place and alarms were not working on 5/5. Laurel Drive PS-Alarm float was not in place and alarms were not working on 5/5. Truckstop PS-Alarm float was not in place and alarms were not working. Lag float was not tied to pump#1. All of the floats/alarms were repaired by the time of the follow up inspection on 5/14. The manhole at Hwy. 176 BBQ is slated for replacement. The anticipated completion date is the end of June 2015. John Hollifield is working on rerouting the water line around the MH at Henderson&Cullipher Streets. The Truckstop PS is wired for telemetry but it is not being used. It is recommended that this PS be upgraded to take advantage of telemetry. It is recommended that PS that do not have permanent generators have upgraded quick connects. It is recommended that 10%of the lines be cleaned annually. Line cleaning must be documented. The control panels at PS HWY 176&The Dip should be updated(noted in the last inspection). Non-Compliant Issues: 02T.0403(a): 1)"Sewer system is effectively maintained and operated"...MH at Hwy 176&Cullipher St.: The invert and bottom need to be repaired/replaced;side walls sealed;lines to and from need to be evaluated(noted in the last inspection) MH at Cullipher&Henderson: This MH was documented in the last inspection as needing immediate evaluation for repair/replacement due to illegally discharging into the ground,decayed bottom and invert. It was also noted that the lines to and from the manhole need to be evaluated. 2)"Map"...The collection system map needs to be updated to include: pipe size,pipe material,flow direction,approximate pipe age, number of service taps,pump stations and capacity. 4)"Pump station inspections"...Pump stations are inspected daily but only pump run time is being recorded. Inspections should include all items included on the inspection check sheet or in the operation and maintenance plan. 5)"High-priority lines"...High-priority line inspections need to be documented. 6)"General observation of entire sewer system"...An annual observation of the entire collection system needs to be conducted. Page: 2 .nit: WQCSDO059 Owner-Facility:City of Saluda in Dater 05/05/2015 Inspection Type:Collection System Inspect Non Sampling Reason for Visit; Routine arformance Standards Yes No NA NE Is Public Education Program for grease established and documented? . ❑ ❑ ❑ What educational tools are used? FOG information was sent out with the January water bills. Is Sewer Use Ordinance/Legal Authority available? ❑ ❑ ❑ Does it appear that the Sewer Use Ordinance is enforced? 0 ❑ ❑ ❑ Is Grease Trap Ordinance available? ❑ ❑ ❑ Is Septic Tank Ordinance available(as applicable,i.e.annexation) ❑ ❑ ❑ List enforcement actions by permittee,if any,in the last 12 months No enforcement actions in the last 12 months. The Sewer Use Ordinance just came on-line about 2 weeks ago. Has an acceptable Capital Improvement Plan(CIP)been implemented? . ❑ ❑ ❑ Does CIP address short term needs and long term\"master plan\"concepts? ❑ ❑ ❑ Does CIP cover three to five year period? ❑ ❑ ❑ Does CIP include Goal Statement? 0 ❑ ❑ ❑ Does CIP include description of project area? e ❑ ❑ ❑ Does CIP include description of existing facilities? ® ❑ ❑ ❑ Does CIP include known deficiencies? ® ❑ ❑ ❑ Does CIP include forecasted future needs? ❑ ❑ ❑ Is CIP designated only for wastewater collection and treatment? ❑ M ❑ ❑ Approximate capital improvement budget for collection system? Total annual revenue for wastewater collection and treatment? $500,000.00 CIP Comments A CIP is not required as this is a Deemed system. However,the Town does have several collection system projects listed in the budget. Is system free of known points of bypass? 0 ❑ ❑ ❑ If no,describe type of bypass and location Is a 24-hour notification sign posted at ALL pump stations? ❑ ❑ ❑ #Does the sign include: Instructions for notification? ❑ ❑ ❑ Pump station identifier? M ❑ ❑ ❑ 24-hour contact numbers M ❑ ❑ ❑ If no,list deficient pump stations #Do ALL pump stations have an"auto polling"feature/SCADA? ❑ e ❑ ❑ Number of pump stations 4 Number of pump stations that have SCADA 0 `Number of pump stations that have simple telemetry 1 Page: 3 Permit: WQCSDO059 Owner-Facility:City of Saluda Inspection Date: 06/06/2015 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine Number of pump stations that have only audible and visual alarms 3 Number of pump stations that do not meet permit requirements #Does the permittee have a root control program? ® ❑ ❑ ❑ #If yes,date implemented? Describe: The Town has a camera and a jetter. Comment: The Truckstop pump station is wired for simple telemetry but it is not being used. The system should be used as designed. Inspections Yes No NA NE Are maintenance records for sewer lines available? ❑ ❑ ❑ Are records available that document,pump station inspections? ❑ ❑ ❑ Are SCADA or telemetry equipped pump stations inspected at least once a week? ❑ ❑ ■ ❑ Are non-SCADA/telemetry equipped pump stations inspected every day? . ❑ ❑ ❑ Are records available that document citizen complaints? ■ ❑ ❑ ❑ #Do you have a system to conduct an annual observation of entire system? ❑ ■ ❑ ❑ #Has there been an observation of remote areas in the last year? ❑ 0 ❑ ❑ Are records available that document inspections of high-priority lines? ❑ e ❑ ❑ Has there been visual inspections of high-priority lines in last six months? ❑ 0 ❑ ❑ i Comment: The Dump stations are visited daily but only the pump run times are documented. No other `- pump station inspection items(i.e.floats alarms etc.)are being documented. An annual observation of the entire system needs to be implemented. High priority line inspections need to be inspected and documented every six months. Operation&Maintenance Requirements Yes No NA NE Are all log books available? N ❑ ❑ El Does supervisor review all log books on a regular basis? N ❑ ❑ ❑ Does the supervisor have plans to address documented short-term problem areas? . ❑ ❑ ❑ What is the schedule for reviewing inspection,maintenance,&operations logs and problem areas? Ongoing. Maintenance records are currently by work order. Are maintenance records for equipment available? ❑ ❑ ❑ Is a schedule maintained for testing emergency/standby equipment? ❑ ❑ ❑ What is the schedule for testing emergency/standby equipment? Monthly checks for generators under load will be implemented but are not being done currently. Maybin is under contract to service the permanent generator. Do pump station logs include: Page: 4 ,it; WQCSDO059 Owner-Facility:City of Saluda .n Date: 05/05/2016 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine ,acting and exercising all valves? i 1:1 El inspecting and lubricating pumps and other equipment? n ® ❑ n Inspecting alarms,telemetry and auxiliary equipment? 0 i El El Is there at least one spare pump for each pump station w/o pump reliability? e El D El Are maintenance records for right-of-ways available? ® n Are right-of-ways currently accessible in the event of an emergency? Are system cleaning records available? Has at least 10%of system been cleaned annually? ® El M El What areas are scheduled for cleaning in the next 12 months? The Town has not documented cleaning 10%of the collection system and they do not have a set schedule for cleaning in the coming 12 months. They are making progress in Gearing/maintaining right-of-ways but the process is not complete. Is a Spill Response Action Plan available? 0 El 11 El Does the plan include: 24-hour contact numbers 0 El 1111 Response time Equipment list and spare parts inventory ■ D El El Access to cleaning equipment M 11 El El Access to construction crews,contractors,and/or engineers 0 El Source of emergency funds Q Site sanitation and cleanup materials 0 Post-overflow/spill assessment ■ El 11 El Is a Spill Response Action Plan available for all personnel? Is the spare parts inventory adequate? Comment: Records Yes No NA NE Are adequate records of all SSOs,spills and complaints available? M 0 Are records of SSOs that are under the reportable threshold available? [] 0 El Do spill records indicate repeated overflows(2 or more in 12 months)at same location? El 0 El D If yes,is there a corrective action plan? Is a map of the system available? El 110 Does the map include: Pipe sizes . Pipe materials 11 0 El El Pipe location Q Flow direction Approximate pipe age El 0 0 El Page: 5 Permit: WQCSDO059 Owner-Facility:City of Saluda Inspection Date: 05/05/2015 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine Number of service taps e Pump stations and capacity El . El El If no,what percent is complete? approximately 50% List any modifications and extensions that need to be added to the map The pipe and pump station locations are listed;all of the itiems checked"No"need to be added. #Does the permittee have a copy of their permit? ❑ Comment: A copy of the 2T Rules for"deemed permitted collection systems was given to the Town at the inspection. TRUCKSTOP - Truckstop al Pump station Yes No NA NE Pump station type Duplex Are pump station logs available? Is it accessible in all weather conditions? 0 #Is general housekeeping acceptable? Are all pumps present? ® El Are all pumps operable? 0 El Are wet wells free of excessive debris? Are upstream manholes free of excessive debris/signs of overflow? M 0 1:1 El Are floats/controls for pumps/alarms operable? ■ El ❑ �J Is"auto polling"feature/SCADA present? Is"auto polling"feature/SCADA operational? D 0 El Is simple telemetry present? Is simple telemetry operational? Are audio and visual alarms present? 1:1 El Are audio and visual alarms operable? Is the Pump station inspected as required? Are backflow devices in place? Are backflow devices operable? M El El El Are air relief valves in place? El El 0 11 Are air relief valves operable? ■ # Is an emergency generator available? M El Can the emergency generator run the pumps? ■ El Is the pump station equipped for quick hook-up? El El M ❑ Is the generator operable? M #Is fuel in tank and sufficient? ❑ Is the generator inspected according to their schedule? M El 0 El Is a 24-hour notification sign posted? • Page:. 6 ,anit: WQCSD0059 Owner-Facility:City of Saluda .ion Date: 05/05/2015 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine ;s it include: Instructions for notification? ■ El El El Pump station identifier? E ❑ El El Emergency phone number Is public access limited? ® El ❑ El Is pump station free of overflow piping? . F1 11 ri Is the pump station free of signs of overflow? ® El Are run times comparable for multiple pumps? Comment: As with the other pump stations this one is inspected but only the pump run time is documented. This station is fenced and locked. The generator is inspected but not documented. This station is set up for telemetry but is not being used. MAINTENANCE BLDG. - La Pump Station Yes No NA NE Pump station type Simplex,Multiple Are pump station logs available? Is it accessible in all weather conditions? #Is general housekeeping acceptable? Are all pumps present? ■ [] Are all pumps operable? 11 El Are wet wells free of excessive debris? N El 0 El Are upstream manholes free of excessive debris/signs of overflow? 11 0 [] Are floats/controls for pumps/alarms operable? ■ [] Is"auto polling"feature/SCADA present? 0 El Is"auto polling"feature/SCADA operational? El El 0,FJ Is simple telemetry present? Is simple telemetry operational? Are audio and visual alarms present? 11 El Are audio and visual alarms operable? 0 El 11. Is the Pump station inspected as required? Are backflow devices in place? Are backflow devices operable? ® n Are air relief valves in place? [] Are air relief valves operable? # Is an emergency generator available? 0 [] 0 El Can the emergency generator run the pumps? Page: 7 Permit: WQCSDO059 Owner-Facility:City of Saluda Inspection Date: 05/05/2015 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine Is the pump station equipped for quick hook-up? ❑ M ❑ ❑ Is the generator operable? ❑ ❑ ❑ #Is fuel in tank and sufficient? . ❑ ❑ ❑ Is the generator inspected according to their schedule? `❑ ❑ ❑ Is a 24-hour notification sign posted? ® ❑ ❑ ❑ Does it include` Instructions for notification? ■ ❑ ❑ ❑ Pump station identifier? ® ❑ ❑ ❑ Emergency phone number ❑ ❑ ❑ Is public access limited? ❑ ❑ ❑ Is pump station free of overflow piping? . ❑ ❑ ❑ Is the pump station free of signs of overflow? ■ ❑ ❑ ❑ Are run times comparable for multiple pumps? Comment: This station is inspected daily' however,only the pump run time is being documented. There are no other maintenance checks. One pump in the ground:second pump is available. This station needs to be upgraded for a quick connect to the generator. This station is located inside a locked fenced area next to the maintenance building. BBQ AT HWY 176 - Hwy 17 Manhole Yes No NA NE Is manhole accessible? ❑ ❑ ❑ #Is manhole cover/vent above grade? ■ ❑ ❑ Is the manhole free of visible signs of overflow? ❑ 0 ❑ ❑ Is the manhole free of sinkholes and depressions? ❑ ❑ ❑ Is manhole cover present? ■ ❑ ❑ ❑ #Is manhole properly seated? ❑ M ❑ ❑ #Is manhole in condition? ❑ M ❑ ❑ #Is invert in good condition? ❑ ❑ El Is line free-flowing and unrestricted in manhole? ❑ ❑ Is manhole free of excessive amounts of grease? ❑ ❑ Is manhole free of excessive roots? ❑ ❑ ❑ Is manhole free of excessive sand? ❑ ❑ Is manhole's extended vent screened? ❑ ❑ ❑ Are vents free of submergence? Are manholes free of bypass structures or pipes? ❑ ❑ ❑ Comment: This manhole is slated for replacement hopefully by the end of June 2015. THE DIP Page: 8 ,miti WQCSD0059 Owner-Facility:City of Saluda .,on Date: 0 5/0 512 0 1 5 Inspection Type:Collection System Inspect Non Sampling Reason for visit: Routine Station Yes No NA NE imp station type Simplex,Multiple Are pump station logs available? ®°ri ® o Is it accessible in all weather conditions? . ,11 El n #Is general housekeeping acceptable? ®` 11 [l El Are all pumps present? Are all pumps operable? ® E ❑ 0' Are wet wells free of excessive debris? ■ El 0 Are upstream manholes free of excessive debris/signs of overflow? Are floats/controls for pumps/alarms operable? 0 El El El Is"auto polling"feature/SCADA present? El rl,■ 13 Is"auto polling"feature/SCADA operational? El El M 0 Is simple telemetry present? rl Is simple telemetry operational? Are audio and visual alarms present? 0 El El Are audio and visual alarms operable? 0 Q Is the Pump station inspected as required? 0 El El 0 Are backflow devices in place? ® [] 0 El Are backflow devices operable? El 0 Are air relief valves in place? Are air relief valves;operable? rlM ri # Is an emergency generator available? 011 El El Can the emergency generator run the pumps? n n n . Is the pump station equipped for quick hook-up? 0 El0 Is the generator operable? M ❑ #Is fuel in tank and sufficient? Is the generator inspected according to their schedule? Is a 24-hour notification sign posted? 0 El D El Does it include: Instructions for notification? Pump station identifier? ■ Emergency phone number 0 El ❑ El Is public access limited? Is pump station free of overflow piping? M El El n Is the pump station free of signs of overflow? Are run times comparable for multiple pumps? Page: 9 Permit: WQCSDO059 Owner-Facility:City of Saluda Inspection Date: 05/06/2015 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine Comment: This station was pumped last week. This station is checked daily: however, only the pump run time is documented. No other maintenance checks are performed. This station needs to be updated for a quick connect to generator. Only one pump in the ground:second pump is available. The control panel has not been updated. HWY 176+CULLIPHER - Hv Manhole Yes No NA NE Is manhole accessible? ® ❑ ❑ ❑ #Is manhole cover/vent above grade? . ❑ ❑ ❑ Is the manhole free of visible signs of overflow? ❑ ❑ ❑ Is the manhole free of sinkholes and depressions? Is manhole cover present? ❑ ❑ ❑ #Is manhole properly seated? ❑ ❑ ❑ #Is manhole in good condition? 0 ❑ ❑ ❑ #Is invert in good condition? ❑ 0 ❑ ❑ Is line free-flowing and unrestricted in manhole? ❑ N ❑ ❑ Is manhole free of excessive amounts of grease? ■ ❑ ❑ ❑ Is manhole free of excessive roots? 0 ❑ ❑ ❑ � Is manhole free of excessive sand? ® ❑ ❑ ❑ Is manhole's extended vent screened? ❑ ❑ 0 ❑ Are vents free of submergence? ❑ ❑ ® ❑ Are manholes free of bypass structures or pipes? ® ❑ ❑ ❑ Comment: The invert and bottom of the manhole need to be repaired. The last inspection noted that this manhole needed major repairs a new bottom and invert and side walls sealed Also the lines coming to and from the manhole need to be evaluated. HWY 176 Pump Station Yes No NA NE Pump station type Simplex,Multiple Are pump station logs available? ® ❑ ❑ ❑ Is it accessible in all weather conditions? ® ❑ ❑ ❑ #Is general housekeeping acceptable? ❑ ❑ ❑ Are all pumps present? ❑ ❑ ❑ Are all pumps operable? ❑ ❑ ❑ Are wet wells free of excessive debris? ❑ ❑ ❑ Are upstream manholes free of excessive debris/signs of overflow? E ❑ ❑ ❑ Are floats/controls for pumps/alarms operable? . ❑ ❑ ❑ Is"auto polling"feature/SCADA present? ❑ ❑ ❑ Page: 10 ,fit: WQCSD0059 Owner.Facility:City of Saluda .n Date: 05/05/2015 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine polling"feature/SCADA operational? 11 El M El ample telemetry present? ® Q Is simple telemetry operational? El . 11 Are audio and visual alarms present? Are audio and visual alarms operable? M ❑ El Is the Pump station inspected as required? Are backflow devices in place? N El Are backflow devices operable? ., Are air relief valves in place? Are air relief valves operable? 11 11 ® n # Is an emergency generator available? Can the emergency generator run the pumps? Is the pump station equipped for quick hook-up? 13 Is the generator operable? #Is fuel in tank and sufficient? ■ Is the generator inspected according to their schedule? 0 Is a 24-hour notification sign posted? ® � ❑ [� Does it include: Instructions for notification? [� Pump station identifier? ■ 0 El El Emergency phone number Is public access limited? ■ El El El Is pump station free of overflow piping? ■ ❑ 11 �] Is the pump station free of signs of overflow? Are run times comparable for multiple pumps? Comment: The pump station is checked daily: however, only the pump run time is documented. No other maintenance checks are performed. This station needs to be upgraded for a quick connect generator. The Town is not documenting the generator inspections:they are developing a maintenance program. There is only one pump in the ground: a second pump is available. The control panel has not been updated. CULLIPHER+HENDERSON Manhole Yes No NA NE Is manhole accessible? 0 El El El #Is manhole cover/vent above grade? ■ El 0 [] Is the manhole free of visible signs of overflow? Is the manhole free of sinkholes and depressions? 0 D El [] Is manhole cover present? El Page: 11 permit. WQCSD0059 Owner-Facility:City of Saluda Inspection Date: 05/05/2015 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine #Is manhole properly seated? . ❑ ❑ ❑ #Is manhole in good condition? ❑ ® ❑ ❑ #Is invert in good condition? ❑ . ❑ ❑ Is line free-flowing and unrestricted in manhole? ❑ ■ ❑ ❑ Is manhole free of excessive amounts of grease? ■ ❑ ❑ ❑ Is manhole free of excessive roots? 0 ❑ ❑ ❑ Is manhole free of excessive sand? ❑ M El 1:1 Is manhole's extended vent screened? ❑ ❑ ❑ Are vents free of submergence? ❑ ❑ Are manholes free of bypass structures or pipes? ❑ ® ❑ ❑ Comment: This manhole was documented(illegally discharging into the ground bottom and invert decayed lines to&from need to be evaluated)in the last inspection as needing immediate evaluation for repair/replacement. The water line is going to be rerouted: John Hollifield is working on this. Page: 12 i 1 A A&M CDE`IR ' North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary May 22,2015 Greg Wiggins,Manager Cane Creek Water and Sewer District 100 North King Street Hendersonville, NC 28792 Subject: Permit No.WQ0037805 Cane Creek Water and Sewer District Schoolhouse Road Pump Station and Force Main Wastewater Collection System Extension Permit Henderson County Dear Mr.Wiggins: In accordance with your application received May 18, 2015, we are forwarding herewith Permit No. WQ0037805 dated May 22, 2015, to the Cane Creek Water and Sewer District (Permittee) for the construction and operation upon certification 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 the following conditions contained within this permit: Condition_ 11.1: This permit shall not be automatically transferable; a request must be made and approved. Condition 11.4: 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. It shall be responsibility of the Permittee 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. 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. 2090 U.S.70.Highway,Swannanoa,NC 28778 Phone:828-296-4500\Internet:www.ncwatercgualitv.ore An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper Cane Creek Water and Sewer District Permit No.WQ0037805 if you need additional information concerning this matter, please contact Tim Heim at(828)296-4500 or via e-mail at tim.heim@ncdenr.gov. Sincerely, for S.Jay Zimmerman,Director Division of Water Resources,NCDENR by G. Landon Davidson,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDENR cc: Harry B. Buckner, P.E.-McGill Associates, PA Kevin Johnson—MSD of Buncombe County(electronic copy) Asheville Regional Office Files Water Resources Central Files PERCS(electronic copy) G:\WR\WQ\Henderson\Collection Systems\Cane Creek Water&Sewer District\WQ0037805 Schoolhouse Rd PS& FM.docx Page 2 of 9 WNW STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT 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 Cane Creek Water and Sewer District(City of Hendersonville) Henderson County for the construction and operation of a 96—gallon per minute pump station with duplex pumps, on-site audible and visual high water alarms, telemetry, and a permanent generator with automatic transfer switch; as well as approximately 3,187 linear feet of 4-inch force main to sere a new nursery facility in the Mills River area as part of the Schoolhouse Road Pump Station and Force Main project,, and the discharge of 27,750 gallons per day of collected domestic and industrial wastewater into the Cane Creek Water and Sewer District existing sewerage system, pursuant to the application received May 18, 2015, 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. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. for S.Jay Zimmerman, Director Division of Water Resources, NCDENR By Authority of The Environmental Management Commission Permit Number: WQ0037805 Permit Issued: May 22,2015 Page 3 of 9 SUPPLEMENT TO PERMIT COVER SHEET Cane Creek Water and Sewer District is hereby authorized to: Construct, and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the Metropolitan Sewerage District's Wastewater Treatment Facility in accordance with Permit Number NC0024911. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division's 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 a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions and any Special Conditions identified below. I. SPECIAL CONDITIONS 1. This permit shall become voidable unless the agreement between the Cane Creek Water and Sewer District and the Metropolitan Sewerage District for the collection and final treatment of wastewater is in full force and effect. [15A NCAC 02T.0304(h)] II. STANDARD CONDITIONS I. 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. [15A NCAC 02T.0104;G.S 143-215.1(d3)] 2. 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'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 materials unless specifically mentioned herein.[15A NCAC 02T.0110] 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. [15A NCAC 02T.0110] 4. 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: [15A NCAC 02T.0108(b)]: Page 4 of 9 - 'sewer system shall be effectively maintained and operated at all times to prevent discharge co land or surface waters, and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (Le. 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-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office. in accordance with 15A NCAC 213.0506(a),and public notice shall be provided as required by North Carolina General Statute§143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors,enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems,the Grease Control Program shall include at least bi- annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts(1)and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. L Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. 5. The Permittee shall report by telephone to a water resources staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours, following the occurrence or first knowledge of the occurrence of either of the following: Page 5 of 9 a. Any process unit failure, due to known or unknown reasons, that renders the fac. incapable of adequate wastewater transport, such as mechanical or electrical failures o. pumps, line blockage or breakage,etc.; or b. Any SSO and/or spill over 1,000 gallons;or c. Any SSO and/or spill,regardless of volume,that reaches surface water 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 and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. 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. [G.S. 143- 215AC(a1)] 6. 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. [15A NCAC 02T.0108(b)] 7. 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. 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. If the permit is issued to a private entity with an Operational Agreement, then a copy of the ` Articles of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: a. One copy of the project construction record drawings (plan & profile views of sewer lines & force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc. b. One copy of the supporting applicable design calculations including pipe and pump sizing, velocity, pump cycle times, and level control settings, pump station buoyancy, wet well storage, surge protection, detention time in the wet well, and force main, ability to flush low points in force mains with a pump cycle, and downstream sewer capacity analysis. If a portable power source or pump is dedicated to multiple stations,an evaluation of all the pump stations'storage capacities and the rotation schedule of the portable power source or pump, include travel timeframes,shall be provided. Page 6 of 9 anges to the project that do not result in non-compliance with this permit, regulations, or the Minimum Design Criteria should be clearly identified on the record drawings,on the certification in the space provided,or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non-compliance with this permit (including pipe length increases of 10% or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the number/type of connections), regulations, or the .Minimum Design Criteria. Requested modifications or variances to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After-construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification&activation. [15A NCAC 02T.0116] 8. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined,a slope variance can be requested from the Division with firm supporting documentation. This shall be done through a permit modification with fee. Such variance requests will be evaluated on a case-by-case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification. [15A NCAC 02T.0105(n)] 9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. [15A NCAC 02T.0116] 10. Failure to abide by the conditions and limitations contained in this.permit; 15A NCAC 2T; the -- Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force,Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. [15A NCAC 02T.0104; 15A NCAC 02T.0108(b-c)] 11. 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. [15A NCAC 02T.0110; 15A NCAC 02T.0108(b)] 12. 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 the Division any other Federal, State, or Local government agencies which have jurisdiction or obtaining other permits which maybe required by the Division or any other Federal,State,of Local government agencies. [G.S. 143-215.1(b)] Page 7 of 9 THIS PAGE INTENTIONALLY LEFT BLANK. �J Page 8 of 9 FAST TRACK SEWER ENGINEERING CERTIFICATION EE: CANE CREEK WATER AND SEWER DISTRICT ,iT#: WQ0037805 .JJECT: SCHOOLHOUSE ROAD PUMP STATION AND FORCE MAIN ISSUE DATE: . May 22,2015 This,project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the Division has received this Certification and all required supporting documentation. It should be submitted in a manner that documents the Division's receipt. Send the required documentation the Regional Supervisor, Water Quality Regional Operations Section at the address at the bottom. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up until a final certification is received. A Final Certification shall be a complete set of record drawings and design calculations regardless of whether partials have been submitted. PERMITTEE'S CERTIFICATION I,.the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate &maintain the wastewater collection system permitted herein or portions thereof. Printed Name,Title Signature Date ENGINEERS CERTIFICATION as a dul registered Professional En ineer in the State of North Carolina, having been authorized to observe (Lperiodicaily, ❑ weekly; full time) the construction of the Schoolhouse Road Pump Station and Force Main and location as referenced above for the above 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 02T; the Division of Water Resources' (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 w/signature&date: ❑ Final ❑Partial(include description) :...................................................................... Certification Comments/Qualifiers(attach if necessary): NC DWR—Water Quality Regional Operations Section 2090 U.S.70 Highway,Swannanoa,NC 28778 Asheville Regional Office Phone: (828)-296-4500 FAX:(828)-299-7043 0 NCO'E_�NR North Carolina Department of Environment and.Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary May 22, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED-7014 0510`0000 4466 6228 Hillside Investment Co. LLC Attn: Kenneth Alison,Manager PO Box 1390 Etowah,NC 28729 Hillside Investment Co. LLC Attn: Kenneth Alison;Manager 155 Crestview Drive Hendersonville,NC 28791-9713 SUBJECT: NOTICE OF VIOLATION Hillside Investment Co. LLC (PIN) 8596-24-1135-000 NOV-2015-PC-0123 Stream Standard Violation—Other Waste (In-stream sediment) Transylvania County Response deadline:June 22,2015 Dear Mr. Alison: On April 30, 2015, Tim Fox from the Asheville;Regional Office of the Division of Water Resources (DWR) conducted a site;inspection off of Old Hendersonville Highway(PIN) 8596-24 1135-000 in Transylvania County. Stream standard violations were noted during the inspection._ As a result of the site inspection,the following violation was identified: VIOLATION = I. Stream Standard Violation- Other Waste(In-stream sediment) 15A NCAC 02B.0211 (12) Approximately 200 plus feet of an Un-named tributary to the French Broad River, a Classified B water,were impacted by sediment deposition measured to be at least eight plus inches in depth throughout the stream reach,representing Water Quality Stream Standard violation of 15A NCAC.02B .0211 (12). Water Quality Regional Opertations—Asheville Regional Office brie Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 N®r thC 'olina Phone:828-296-450M FAX:828-299-7043 Internet: www.ncwaterqual4.org 4 An Equal Opportunity 1 Affirmative Action Employer �/V 6 Old Hendersonville Road (PIN)8596-24-1135-000 May 22,2015 Page 2 of 3 REQUIRED RESPONSE The DWR requests that you respond by June 22,2015. Your response should be sent to the attention of Tim Fox,Division of Water Resources,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 to this office for review and approval. The Plan must address removal of accumulated sediment from all surface waters. It is recommended that you contact Tim Fox 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. • A narrative explaining 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 Tim Fox. It is recommended that you contact the Transylvania County Soil and Water Conservation District for assistance with Agricultural Best Management Practices to help stabilize the site. .aad (PIN)8596-24-1135-000 nank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Resources 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 and properly resolved. Pursuant to G.S. 143-215.6A, 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 Tim Fox at(828)296-4500 or tim.fox(j�ncdenr gov. Sincerely, G. Landon Davidson,P.G. Regional Supervisor Water.Quality Regional Operations Asheville Regional Office cc: Karen Higgins,401 &Buffer Permitting Unit ADO File Copye David Brown,ITS Army Corps of Engineers(email copy) Transylvania County Soil and Water Conservation District G:\WR1WQ\Transylvania\Complaints\Tim Trans Co Hillside Investment LLC Ag Ditching\NOV 2015-PC-0123Hillsidelnvestment LLC.doc NCDEEN North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der'Vaart Governor Secretary May 22,2015 - CERTIFIED MAIL RETURN RECEIPT REQUESTED-7014'0510 0000'4466 6204 Kris and Tamara Ruckman 111 Elizabeth Court Mount Holly,NC 28120 CERTIFIED MAIL' RETURN RECEIPT REQUESTED 7014'0510 0000 4466 6211 Case Construction, Inc. Attn: Ed Case PO Box 1780 Candler,NC 28715 SUBJECT: NOTICE.OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT 27 Bethel Drive, Buncombe County Parcel ID#0700-62-9214-00000 NOV-2015-PC-0121 Stream Standard Violation- Other Waste (In-stream sediment) Stream Standard Violation—Turbidity Removal of Best Usage Buncombe County Response deadline:June 22,2015 Dear Mr.Ruckman; Ms. Ruckman;and Mr. Case: On May 15, 2015, in response to a call from Doug Sharpe, Buncombe County Erosion Control, Zan Price from the Asheville Regional Office of the Division of Water Resources(DWR) conducted a site inspection of 27 Bethel Drive and impacted areas along an unnamed tributary to Tomahawk Branch and Tomahawk Branch(Classified'B waters) downstream to Lake Tomahawk. Jerry Brigman with the Black Mountain Golf Course was present during the May 15,2015 inspection. Additionally, Dean Luebbe,Assistant Town Manager for the Town of Black Mountain,was present during the golf course site visit and Ed Case of Case Construction, Inc.was present during the 27 Bethel Drive inspection. Water Quality Regional Opertations—Asheville Regional Office N�rir th �.„ Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Car�1111a Phone:828-296-450M FAX:828-299-7043 !/ - IntEqual www.ncwaterquative Action An Equal Opportunity 1 Affirmative Actlon Employer lZ d 27 Bethel Drive,Buncombe County May 22,2015 Page 2 of 3 Stream standard violations were noted during the inspection. Sediment and turbidity impacts to an,,, ,.. unnamed tributary to Tomahawk Branch and Tomahawk Branch,classified B waters, were documented from the site downstream to Lake Tomahawk. In-stream turbidity levels at the Black Mountain golf course(by green#14) and Laurel Circle Drive were 900 NTUs and 650 NTUs, respectively. In-stream turbidity levels just upstream from the source at 27 Bethel Drive were 90 NTUs. The stream standard for turbidity in Tomahawk Branch is 50 NTUs. DWR understands that the stream standard violations were caused by a 10-inch water line break at the subject site on May 14,2015. 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 (12)—an undetermined length of an unnamed tributary to Tomahawk Branch and Tomahawk Branch were impacted by sediment deposition measured to be between 4 and 18 inches in depth throughout the stream reach,representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (12). II. Stream Standard Violation -Turbidity 15A NCAC 02B .0211 (21)—an unnamed` tributary to Tomahawk Branch and Tomahawk Branch were impacted by turbidity levels in excess of the stream standard of 50.NTUs, III. Removal of Best Usage - 15A NCAC 02B.0211 (2)-an undetermined length of an unnamed tributary to Tomahawk`Branch was impacted by channel bed downcutting and streambank erosion as a result of high stream flows from the water line break. REQUIRED RESPONSE The DWR requests that you respond by June 22,2015. Your response should be sent to the attention of Zan Price,Division of Water Resources,2090 US HWY 70, Swannanoa,NC 28778. You are encouraged to secure a consultant to assist with your plan development and authorization necessary to achieve compliance. It is recommended that your consultant contact Mr. Price for additional guidance during plan development. The response should address the following items: 1. Stream Standard-Other Waste(In-Stream Sediment) and Removal of Best Usage a. Please provide a map of the project area and impacted areas downstream to Lake Tomahawk. The map must include all streams and wetlands,detailing sediment and streambank impacts both on- and off:site. b. Sediment Removal Plan(Plan)—Sediment impacts to the streams onsite and _ downstream of the site must be removed. As a part of this plan,you should provide ,e County the amount(depth) of material,that has been deposited in the floodplain, stream and any wetlands. This information should be depicted on a map you provide. It is recommended that you use hand labor(buckets,shovels and wheelbarrows)to remove deposited sediment from the stream channel. The sediment should be removed from the channel,taken to high ground away from the stream channel and stabilized. Also,the plan must address the measures that will be used for temporary stabilization/sediment control while this work is under way. c. Please submit a Stream Restoration Plan to this office for review and approval for the areas that were impacted by channel bed downcutting and streambank erosion. Once the plan has been implemented and is complete, a final report documenting restoration of the stream and removal of sediment should be submitted to Zan Price. 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 Resources 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. Pursuant to G.S. 143-215.6A, 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 Zan Price. at(828)296-4662 or zan.price ,ncdenr.gov. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc: Karen Higgins, 401 &Buffer Permitting Unit ARO File Copy Doug Sharp, Buncombe County Erosion Control(email copy) Dean Luebbe, Town of Black Mountain(email copy) Tasha Alexander-USACE (email copy) G:\WR\WQ\Buncombe\Complaints\Ruckman Property_Black Mtn Golf Water Break\NOV-2015-PC-0121.doc J& C E R North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 22, 2015 Mr. Dennis J. Whitson 3800 Sugarhill Road Marion, North Carolina 28752 Subject: NOTICE OF DEFICIENCY NOD-2015-LV-0041 Permit No. NCO079481 Harmony Estates WWTP Dear Mr. Whitson: McDowell County A review of Harmony Estates WWTP's monitoring report for December 2014 showed the following violations: Parameter Date Limit Value Reported Value Limit Type DO, Oxygen, Dissolved 12/16/2014 5.0 mg/L 4.5 mg/L Daily Minimum Not Reached DO, Oxygen, Dissolved 12/22/2014 5.0 mg/L 4.0 mg/L Daily Minimum Not Reached 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. There was also a DO on December 30, 2014, marked as"50 mg/L." Please amend the DMR with the correct value and send two copies to Raleigh and a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Resources 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 828/296-4600. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR cc: WQ Ashevill File Asheville Regional Office e es MSC 1617-Central Files-Basement Phillip Pittman/ORC G:1WR\WQ\McDowell\Wastewater\Minors\Harmony Estates 79481\N0D-2015-LV-0041.dec Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)296-4500 Fax: (828)299-7043 Internet: http://podal.ncdenr.org/web/wq An Equal Opportunity/Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 22, 2015 Mr. Barry W. Jones Cliffside Sanitary District P.O. Box 122 Cliffside, North Carolina 28024 Subject: NOTICE OF VIOLATION NOV-2016-MV-0073 Permit No. NC0004405 Cliffside Sanitary District WWTP Dear Mr. Jones:: Rutherford County A review of Cliffside Sanitary District WWTP's monitoring report for January 2015 showed the following violations: Parameter Date Measuring Frequency Violation TRC Week ending 01/31/2015 2 X/Week Failure to Monitor TRC Week ending 01/31/2015 2 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 Resources 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 8281296-4600. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR cc: WQ Asheville Files Asheville Regional Office MSC 1617-Central Files-Basement Michael Gibert/ORC G:1V`JR1WQ\RutherfordlLVastewater\MunicipalkCliffside Sanitary Distnct WWTP 044051NOV-2015-MV-0073.doc Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)296.4500 Fax: (828)299-7043 Internet: hftp://portal.ncdenr.org/web/wq An Equal Opportunity/Affirmative Action Employer �\, �_y _.__.. NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 22, 2015 Mr. Tim Barth, Town Manager Town of Columbus P.O. Box 146 Columbus, North Carolina 28722 Subject: NOTICE OF DEFICIENCY NOD-2016-LV-0040 Permit No. NCO021369 Columbus WWTP Polk County Dear Mr. Barth: A review of Columbus WWTP's monitoring report for December 2014 showed the following violations: Parameter Date Limit Value Reported Value Limit Type pH 12/23/2014 6.00 su 5.90 su Daily Minimum Not Reached Total Residual Chlorine 12/03/2014 Less than 50 pg/L 50 pg/L Daily Max Exceeded Total Residual Chlorine 12/11/2014 Less than 50 pg/L 50 pg/L Daily Max 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 Resources 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 828/296-4600. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement G:\WR\WQ1Polk\Waste�vaterlMunicipal\Columbus SAW P 213691NOD-2015-LV•0040.doc Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)2964500 Fax: (828)299-7043 Internet: http://portal.ncdenr.org/web/wq An Equal Opportunity/Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources ° ' Donald R.van der Vaart Dior Secretary May 22 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7014 0610 0000 4466 5856 Mr. Tim Barth,Town Manager Town of Columbus Columbus WWTP P.O. Box 146 Columbus,North Carolina 28722 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2015-LV-0340 Columbus WWTP NPDES Permit No.NCO021369 Po1k*County Dear Mr. Barth: A review of the January 2015 self-monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Reported Value Permit Limit 01/17/2015 001 TRC 50 µg/L Less than 50 µg/L 01703/20 55 001 Fecal Coliform 600#/ 100 ml 400#/100 ml 01/31/2015 001 TSS 34 mg/L 30 mg/L 01/17/2015 001 TSS 76 mg/L 45 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.NC0021369. 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 January 2015 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 maybe prepared. Water Quality Regional Operations—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/web/wq An Equal Opportunity/Affirmative Action Employer Mr. Tim Barth May 22, 2015 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division, Water Resources 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, G. Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations,NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files-Basement WQ Enforcement/NPDES Point Source Branch ('i4k'R`:W(211>olk'Po a,t lsarcr!\hmicipal!Columbus W W l P 2 136,Y..NO!'-NFF?Q l i-L V-O',4G dog ,A, YP'A North Carolina Department of Environment and Natural Resources gory Donald R.van der Vaart drnor - Secretary May 22,2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7014 0510 0000 4466 5863 Mr. Freddie Boan Trillium Links&Village LLC One Trillium Center Cashiers,North Carolina 28717 Subject: Notice of Violation and Recommendation for Enforcement Tracking#; NOV-2015-LM-0023 Trillium Links&Village WWTP NPDES Permit No.NCO059200 Jackson County Dear Mr. Boan: A review of the February 2015 self-,monitoring report for the subject facility revealed violations of the following parameters: Date OutfaIl Parameter Reported Value Permit Limit 02/19/2415 001 Fecal Coliform 600#/ 100 ml 400#/ 100 rnl Date, Outfall Parameter Frequency Violation 02/07/2015 1 Dissolved Oxygen Weekly: Failure to Monitor 02/14/2015 001 Dissolved Oxygen Weekly Failure to Monitor 02/21/2015 001 Dissolved Oxygen Weekly Failure to Monitor' 02/28/2015 001 Dissolved Oxygen Weekly Failure to Monitor 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.N00059200. 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 discussoverall 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 2015 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 -=ithin the 10-day period,a civil penalty assessment may be prepared. Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone: (828)296.4500 FAX: (828)299-7043 Internet: hftp://podal.ncdenr.org/weblwq An Equal Opportunity/Affirmative Action Employer Mr. Freddie Boan May 22,2015 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Divisio- Water Resources 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, G. Landon Davidson,P.G,Regional Supervisor Water Quality Regional Operations,NCDENR Asheville Regional Office cc: WQ Asheville Files, MSC 1617-Central Files-Basement WQ Enforcement/NPDES Point Source Branch Gitt\'R'.u'QllaclsunlWastea ater ltinurs:Trillium Links&Villa=5920(J,'70V-NRL--2015-Li41-0023.duu i00369 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH,NORTH CAROLINA PERMIT FOR THE CONSTRUCTION OF A WELL OR WELL SYSTEM In accordance with the provisions of Article 7,Chapter 87,North Carolina General Statutes, and other applicable Laws,Rules and Regulations PERMISSION ISHEREBY GRANTED TO Duke Energy Progress,Inc. FOR THE CONSTRUCTION OF six(6)monitoring wells,which will be exposed to the Surficial Aquifer,and will be located on property of the State of North Carolina, along Interstate 1-26 near mile marker 38.9, Arden, in Buncombe County, in accordance with the application received May 21,2015 and in conformity with specifications and supporting data, all of which are filed with the Department of Environment and Natural Resources and are considered part of the Permit. This Permit is for well construction only and does not waive any provisions or requirements of the Water Use Act of 1967, or any other applicable laws and regulations. Well construction shall be in compliance with the North Carolina Well Construction Regulations and Standards. However, this Permit pertains to the jurisdictional authority of the Division of Water Resources and does not waive the requirements of other jurisdictions. This Permit will be,effective from the date of its issuance until May 22, 2016, and shall be subject to other specified conditions, limitations,or exceptions as follows: 1.The well(s)shall be located and constructed as shown on the attachments submitted as part of the permit application. 2.Well construction.record(GW-1) for each well must be supplied to the Division of Water Resources' Information Processing Unit within 30 days of well completion. Provide the well construction permit number on the GW-1 form. 3.Issuance of this Permit does not obligate reimbursement from State trust funds,if these wells are being installed as part of an investigation for contamination from an underground storage tank or dry cleaner incident. 4.Issuance of this Permit does not supersede any other agreement,permit,or requirement issued by another agency. 5.The well(s)shall have a Well Contractor Identification Plate in accordance with 15A NCAC 02C.0108(o). 6. When the well(s)are discontinued or abandoned,they shall be abandoned in accordance with 15A NCAC 02C.0113 and a well abandonment record (GW-30) shall be submitted to the Division of Water Resource's Information Processing Unit within 30 days of well abandonment. If any requirements or limitations of this Permit are unacceptable, you have the right to an adjudicatory hearing upon written request within 30 days. The 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,North Carolina 27699-6714.Unless such demand is made,this Permit is final and binding. Permit issued this 22nd day of May 2015 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Landon Davidson,Regional Supervisor Division of Water Resources By Authority of the Environmental Management Commission Cc: John Toepfer,Duke Energy Progress,Inc.(via email) ARO-DWR �� �/' I,, ..A,,.r,, !' 90ENR North Carolina Department of Environment and Natural Resources ,,at McCrory Donald R.van der Vaart Governor Secretary May 26,2015 Freddy Boan, General Manager Trillium Land Company 1 Trillium Center Cashiers, NC 28717 Subject: Permit No. WQ0037806 Trillium Land Company Trillium-The Lodges Wastewater Collection System Extension Permit Jackson County Dear Mr. Boan: In accordance with your application received May 18, 2015, we are forwarding herewith Permit No. WQ0037806 dated May 26, 2015, to the Trillium Land Company (Permittee)for the construction and operation upon certification 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 the following conditions contained within this permit: Condition 11.1: This permit shall not be automatically transferable; a request must be made and approved. Condition 11.4: 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. It shall be responsibility of the Permittee 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 §143-215.6Athrough §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. 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. 2090 U.S.70 Highway,Swannanoa,NC 28778 Phone:828-296-4500\Internet:www.ncwateraualitv.org An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper Trillium Land Company Permit No.WQ0037806 If you need additional information concerning this matter, please contact Tim Heim at(828)296-4500 ot. via e-mail at tim.heim@ncdenr.gov. Sincerely, 1_ for S.Jay Zimmerman, Director Division of Water Resources, NCDENR by G. Landon Davidson,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDENR enclosure: Operational Agreement(Trillium Links and Village) cc: Robert G. Burgin, P.E.—Burgin Engineering, Inc. (electronic copy) Asheville Regional Office Files Water Resources Central Files PERCS(electronic copy) G:\WR\WQ\Jackson\Collection Systems\WQ0037806 Trillium The Club Lodges.docx Page 2 of 9 NCO STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT 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 Trillium Land Company(Town of Cashiers) Jackson County for the construction and operation of two 60—gallon per minute pump stations with duplex pumps, on- site audible and visual high water alarms,telemetry, and permanent generators with automatic transfer switches; as well as approximately 6,282 linear feet of 3-inch force main, and 872 linear feet of 4-inch force main to serve 80 three bedroom residential units as part of the Trillium -The Lodges project, and the discharge of 28,800 gallons per day of collected domestic wastewater into the Trillium Links and Village existing sewerage system, pursuant to the application received May 18, 2015, 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. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. for S.Jay Zimmerman, Director Division of Water Resources, NCDENR By Authority of The Environmental Management Commission Permit Number: WQ0037806 Permit Issued: May 26,2015 Page 3 of 9 SUPPLEMENT TO PERMIT COVER SHEET Trillium Land Company is hereby authorized to: Construct, and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the Trillium Links and Village Wastewater Treatment Facility in accordance with Permit Number NC0059200. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T;the Division's 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 a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions and any Special Conditions identified below. I. SPECIAL CONDITIONS 1. Each pump station shall be clearly and conspicuously posted using a weatherproof sign with a pump station identifying name/number, 24-Hour Emergency telephone number, and name of the owner/operator of the sewer system/pump station and instructions to call the number in the event of alarm activation or other emergency. [15A NCAC 02T.0305(h)(2)] II. STANDARD CONDITIONS 1. 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. [15A NCAC 02T.0104;G.S 143-215.1(d3)] 2. 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'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 materials unless specifically mentioned herein. [15A NCAC 02T.0110] 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. [15A NCAC 02T.0110] 4. 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: [15A NCAC 02T.0108(b)]: Page 4 of 9 sewer system shall be effectively maintained and operated at all times to prevent discharge .o land or surface waters, and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been 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-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 213.0506(a),and public notice shall be provided as required by North Carolina General Statute §143-215.1C. h. A Grease Control Program is in place as follows: I. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems, the Grease Control Program shall in at least bi- annual distribution of grease education materials to users of the'collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. 5. The Permittee shall report by telephone to a water resources staff member at the Asheville Regional Office, telephone number (828)296-4500, as soon as possible, but in no case more than 24 hours, following the occurrence or first knowledge of the occurrence of either of the following: Page 5 of 9 A a. Any process unit failure, due to known or unknown reasons, that renders the i<, incapable of adequate wastewater transport, such as mechanical or electrical failures . pumps, line blockage or breakage,etc.;or b. Any SSO and/or spill over 1,000 gallons;or c. Any SSO and/or spill, regardless of volume,that reaches surface water 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 and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. 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. [G.S. 143- 215.1C(a1)] 6. 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..[15A NCAC 02T.0108(b)] 7. 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. 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. If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: a. One copy of the project construction record drawings (plan & profile views of sewer lines & force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes,etc. b. One copy of the supporting applicable design calculations including pipe and pump sizing, velocity, pump cycle times, and level control settings,pump station buoyancy,wet well storage, surge protection, detention time in the wet well, and force main, ability to flush low points in force mains with a pump cycle, and downstream sewer capacity analysis. If a portable power source or pump is dedicated to multiple stations, an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable power source or pump, include travel timeframes,shall be provided. Page 6 of 9 .anges to the project that do not result in non-compliance with this permit, regulations, or the Minimum Design Criteria should be clearly identified on the record drawings,on the certification in the space provided,or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non-compliance with this permit (including pipe length increases of 10% or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the number/type of connections), regulations, or the Minimum Design Criteria. Requested modifications or variances to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After-construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification&activation. [15A NCAC 02T.0116] 8. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined, a slope variance can be requested from the Division with firm supporting documentation. This shall be done through a permit modification with fee. Such variance requests will be evaluated on a case-by-case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification.[15A NCAC 02T.0105(n)] 9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. [15A NCAC 02T.0116] 10. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. [15A NCAC 02T.0104; 15A NCAC 02T.0108(b-c)] 11. 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. [15A NCAC 02T.0110; 15A NCAC 02T.0108(b)] 12. 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 the Division any other Federal, State, or Local government agencies which have jurisdiction or obtaining other permits which maybe required by the Division or any other Federal,State,of Local government agencies. [G.S. 143-215.1(b)] Page 7 of 9 THIS PAGE INTENTIONALLY LEFT BLANK. i Page 8 of 9 FAST TRACK SEWER ENGINEERING CERTIFICATION cE: TRILLIUM LAND COMPANY r#: WQ0037806 .EJECT: TRILLIUM-THE LODGES , SUE DATE: May 26,2015 This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the Division has received this Certification and all required supporting documentation. It should be submitted in a manner that documents the Division's receipt. Send the required documentation the Regional Supervisor, Water Quality Regional Operations Section at the address at the bottom. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up until a final certification is received. A Final Certification shall be a complete set of record drawings and design calculations regardless of whether partials have been submitted. PERMITTEE'S CERTIFICATION I,the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name,Title Signature Date ENGINEERS CERTIFICATION l as a duly registered Professional En ineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, full time) the construction of the Trillium -The Lodges and location as referenced above for the above 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 02T; the Division of Water Resources' (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 w/signature &date: """"" """""""' ❑ Final Partial (include description) Certification Comments/Qualifiers(attach if necessary): NC DWR—Water Quality Regional Operations Section 2090 U.S.70 Highway,Swannanoa, NC 28778 Asheville Regional Office Phone: (828)-296-4500 FAX:(828)-299-7043 NCDENR North Carolina Department of Environment and Natural Resources ''ory Donald R.van der Vaart nor Secretary May 26, 2015 Anna A Payne Town of Murphy PO Box 130 Murphy NC 28906-0130 SUBJECT: Collection System Inspection Murphy Collection System Permit No: WQCS00132 Cherokee County Dear Ms. Payne: Enclosed please fmd a copy of the Compliance Evaluation Inspection conducted on May 18, 2015. The purpose of the inspection was to assess Murphy's sewage collection system operation and maintenance program with regard to best operating practices and the requirements of Collection System Permit Number WQCS00132.The following items were noted during the inspection: • Maintain written documentation of all routine inspections, including those for high priority lines. • Clean approximately 10%of the collection system annually and document the lines cleaned. • Make the Spill Response Action Plan known and available to all collection system maintenance personnel. • The spare parts inventory should include pumps with adequate capacity for existing lift stations. • Make the Capital Improvements Plan (CIP) known and available to all collection system and WWTP staff. • It is recommended that an updated, GIS based,electronic copy of the system map be produced and maintained. • Maintain written documents of citizen complaints. Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Internet:http://portal.nedenr.org/weblwq An Equal Opportunity 1 Affirmative Action Employer • Adopt a written(flyer)public education program for grease. 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. Timothy Heim Environmental Engineer Enclosure cc: Matthew Scott Helton, ORC MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\Cherokee\Collection SystemsWurphy Collection System\WQCS00132 CEI 2015.doc ..........._......... .._.. .. . Compliance Inspection Report ,S00132 Effective: 05/01/09 Expiration: 04/30/17 Owner: Town of Murphy Effective: Expiration: Facility: Murphy Collection System .,nty: Cherokee PO Box 130 Region: Asheville Murphy NC 289060130 Contact Person: Anna A Payne Title: Phone: 828-837-2510 Directions to Facility: System Classifications: CS1, Primary ORC: Matthew Scott Helton Certification: 986635 Phone: 828-837-5035 Secondary ORC(s): On-Site Representative(s): Related Permits: - - NC0020940 Town of Murphy-Murphy VWV P Inspection Date: 05/19/2015 Entry Time: 10:OOAM Exit Time: 01:OOPM Primary Inspector: Timothy H Heim (92—,-- t Phone: 828-296-4665 Secondary lnspector(s): Reason for Inspection: Routine Inspection Type: Collection System Inspect Non Sampling Permit Inspection Type: Collection system management and operation Facility Status: Compliant Not Compliant Question Areas: Miscellaneous Questions 0 Performance Standards Operation&Maint Reqmts Records ■ Monitoring&Rpting Regmts Inspections Pump Station 0 Manhole ■ Lines (See attachment summary) Page: 1 Permit: WQCS00132 Owner-Facility:Town of Murphy Inspection Date: 05/19/2015 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Ro., Inspection Summary: Tim Heim and Jeff Menzel of the Asheville Regional Office performed the Compliance Evaluation Inspection on May 19th, 2015.Eldon Roberts:Maintenance Supervisor for the Murphy wastewater collection system was present during the inspection. It is recommended that the Town of Murphy adopt a written(flyer)public education program for grease. - The Capital Improvements.Plan CIP)should be made known and available to all collection system and WWfP staff. Maintain written documents of citizen complaints. Maintain written documentation of all routine inspections,including those for high priority lines. Cleaning should be performed on approximately 10%of the system annually and should be proactive as well as reactive. The Spill Response Action Plan should be made known and available to all collection system maintenance personnel;a copy should be available in the Maintenance Shop. Spare parts inventory should include pumps with adequate capacity for existing lift stations. It is recommended that an updated,GIS based, electronic copy of the system map be produced and made available for collection system staff. Page: 2 JS00132 Owner-Facility:Town of Murphy 05/19/2015 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine +nce Standards Yes No NA NE -iolic Education Program for grease established and documented? non 0 What educational tools are used? The collection system maintenance supervisor reports few problems in the collection system from oil and grease.The exception to this is the sheriffs office/jail The jail is in the process of installing a grease trap and trash screen to mitigate the problem.When an oil and grease problem does occur,maintenance staff use verbal communication and face-to-face meetings to communicate the impact of oil and grease.It is recommended that the collection system adopt a written(flyer)public education program for grease. Is Sewer Use Ordinance/Legal Authority available? . El El Does it appear that the Sewer Use Ordinance is enforced? Is Grease Trap Ordinance available? El F1 ■ Is Septic Tank Ordinance available(as applicable, i.e.annexation) 0o ■ List enforcement actions by permittee,if any,in the last 12 months New businesses with the potential to generate oil and grease(e.g.restaurants)are inspected prior to starting operations and periodically thereafter. Has an acceptable Capital Improvement Plan(CIP)been implemented? Does CIP address short term needs and long term Vmaster planV'concepts? Does CIP cover three to five year period? ■ El 11 El Does CIP include Goal Statement? 0 El 0 Does CIP include description of project areal ® El 0 El Does CIP include description of existing facilities? . Does CIP include known deficiencies? 0 El El ■ Does CIP include forecasted future needs? 11 El El Is CIP designated only for wastewater collection and treatment? El 0 Approximate capital improvement budget for collection system? $2,918,800.00 Total annual revenue for wastewater collection and treatment? $1,552,593.00 CIP Comments Make the CIP known and available to members of the collection system and VWVrP staff. Is system free'of known points of bypass? 11 El If no,describe type of bypass and location Is a 24-hour notification sign posted at ALL pump stations? El 0 #Does the sign include: Instructions for notification? ■ Pump station identifier? ■ 24-hour contact numbers ■ El 0 If no,list deficient pump stations "Do ALL pump stations have an"auto polling"feature/SCADA? 0 El . ,umber of pump stations 14 Page: 3 Permit: WQCS00132 Owner-Facility:Town of Murphy Inspection Date: 06/19/2015 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routi�. 0 Number of pump stations that have SCADA 0 Number of pump stations that have simple telemetry 14 Number of pump stations that have only audible and visual alarms 0 Number of pump stations that do not meet permit requirements #Does the permittee have a root control program? #If yes,date implemented? Describe: No problems with roots were reported by the collection system maintenance supervisor. Comment: Two proposed pump stations coming online this summer will have SCADA. Inspections Yes No NA NE Are maintenance records for sewer lines available? , Are records available that document pump station inspections? Are SCADA or telemetry equipped pump stations inspected at least once a week? N F1 El El Are non-SCADA/telemetry equipped pump stations inspected everyday? Are records available that document citizen complaints? El 0 El 13 #Do you have a system to conduct an annual observation of entire system? M El El 0 #Has there been an observation of remote areas in the last year? 0 Are records available that document inspections of high-priority lines? 0 ■ ❑ i Has there been visual inspections of high-priority lines in last six months? ® El Comment: Maintain written documents of citizen complaints Maintain written_documentation of all routine inspections including those for high priority lines. Operation&Maintenance Requirements Yes No NA NE El El El Are all log books available? Does supervisor review all log books on a regular basis? E El 11 El Does the supervisor have plans to address documented short-term problem areas? El 11 O What is the schedule for reviewing inspection,maintenance,&operations logs and problem areas? The maintenance supervisor reports that these items are reviewed on a weekly basis. Are maintenance records for equipment available? ■ Is a schedule maintained for testing emergency/standby equipment? 0 El El weekly What is the schedule for testing emergency/standby equipment? Do pump station logs include: N El El El Inside and outside cleaning and debris removal? Inspecting and exercising all valves? Inspecting and lubricating pumps and other equipment? Inspecting alarms,telemetry and auxiliary equipment? 0 El Is there at least one spare pump for each pump station w/o pump reliability? ■ El El Are maintenance records for right-of-ways available? El ■ Page: 4 XS00132 Owner-Facility:Town of Murphy 05/19/2015 , Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine .ys currently accessible in the event of an emergency? ■ El .n cleaning records available? ■ dt least 10%of system been cleaned annually? 0 ■ 0 El Mat areas are scheduled for cleaning in the next 12 months? Cleaning is generally performed in response to trouble areas and complaints. Is a Spill Response Action Plan available? ® 0 nn Does the plan include: 24-hour contact numbers . El El El Response time ■ 11 El Equipment list and spare parts inventory ■ 11 Access to cleaning equipment ■ Access to construction crews,contractors,and/or engineers ■ Source of emergency funds 0 El El El Site sanitation and cleanup materials ■ 0 Post-overflow/spill assessment 0 El Is a Spill Response Action Plan available for all personnel? ■ Is the spare parts inventory adequate? ■ Comment: Make the Spill Response Action Plan known and available to all collection system maintenance personnel: a copy should be maintained in the Maintenance Shop Spare parts inventory should include pumps with adequate CapaciNt for existing lift stations Records Yes No NA NE Are adequate records of all SSOs,spills and complaints available? DS Are records of SSOs that are under the reportable threshold available? Do spill records indicate repeated overflows(2 or more in 12 months)at same location? If yes,is there a corrective action plan? ■ El 00 Is a map of the system available? El 0 Does the map include: Pipe sizes ■ Pipe materials 0 El El Pipe location ■ El 0 El Flow direction El n El Approximate pipe age ■ n no Number of service taps ■ 0 El Pump stations and capacity e0 El If no,what percent is complete? st any modifications and extensions that need to be added to the map is recommended that an updated,GIS based,electronic copy of the system map be produced and made available for collection system staff. Page: 5 permit: WQCS00132 Owner-Facility:Town of Murphy Inspection Date: 05/19/2015 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routs #Does the permittee have a copy of their permit? N ❑ ❑'. Comment' Monitoring and Reporting Requirements Yes No NA NE Are copies of required press releases and distribution lists available? ❑ ❑ ® ❑ Are public notices and proof of publication available? ❑ ❑ ■❑ #Is an annual report being prepared in accordance with G.S.143-215.1C? 0 ❑ El 0 #Is permittee compliant with all compliance schedules in the permits? ❑ 110 If no,which one(s)? Comment: Pager 6 0 XA C®EN North Carolina Department of Environment and Natural Resources .;Crory Donald R.van der Vaart aernor Secretary May 27, 2015 DWR# 15-0377 Buncombe County North Carolina Department of Agriculture and Consumer Services Attn: Kent Yelverton 1001 Mail Service Center Raleigh,NC 27699-1001 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS NC Forest Service -Culvert Replacement Dear Mr. Yelverton: You have our approval for the impacts listed below for the purpose described in your application dated April 15, 2015, and received by the Division of Water Resources (Division)on April 17, 2015. These impacts are ►vered by the attached Water Quality General Certification Number 3883 and the additional conditions Listed below. This certification is associated with the use of Nationwide Permit Number 3 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by(but not limited to)Sediment and Erosion Control, Non-Discharge,Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certifications) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. [15ANCAC 02H .0506(b) and/or(c)J Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Stream Impact S1 430 (linear feet) Division of Water Resources—Asheville Regional Office 2090 US Hwy 70,Swannanoa,NC 28778 Phone:828-296-4500\FAX:828-299-7043 Internet:http://portal.ncdenr.org/web/wq/ws An Equal Opportunity\Affirmative Action Employer NC Forest Servic", 2. This approval is for the purpose and design described in your application.The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change ��\ your project,you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certifications) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants,hydraulic fluids or other`potential toxic chemicals. In the event of a hydrocarbon or chemical spill,the permitee/contractor shall immediately contact the Division, between the hours of 8 am to 5 pm at the Asheville Regional Office at (828) 296-4500 and after hours and on weekends call (800)858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and(c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A] 4. All temporary impacted areas shall be restored to pre-construction natural conditions upon completion of the project. Native vegetation shall be used for stream bank stabilization. [15A NCAC 02H .0506 (b)(2) and (c)(2)l 5. This authorization exempts the Permittee from meeting the culvert burial condition in Condition#8 (Placement of Culverts and Other Structures in Waters and Wetlands)in the attached general certification. 6. All necessary measures shall be taken to prevent direct contact between uncured concrete and waters of the state. Water that inadvertentlycontacts uncured concrete shall not be discharged to waters of the state due to the potential for elevated pH and possible aquatic life/fish fills. This approval and its conditions are final and-binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60)calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919)431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. NC Forest Service—Culvert Replacement DW R#15-0377 401 APPROVAL Page 3 of 3 .dress for the OAH: If sending via US Postal Service: If sending via delivery service(UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh; NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Zan Price at (828) 296-4662 or zan.Price@ncdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3883 Certificate of Completion cc: R. Clement Riddle—ClearWater Environmental Consultants, Inc. (via email) Tasha Alexander—USACE Asheville Regulatory Field Office (via email) Andrea Leslie—NCWRC (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit G:\WR\WQ\Buncombe\401s\Non-DOT\NC Forest Service-Culvert Replacement(Sardis)\APRVL.401NCFSCulvert052715.doc /,__,.. - ��,�j: __.. __ A RESE1,11t North Carolina Department of Environment and Natural Resources .,Crory Donald R.van der Vaart ,ernor Secretary May 27, 2015 DWR# 15-0377 Buncombe County North Carolina Department of Agriculture and Consumer Services Attn: Kent Yelverton 1001 Mail Service Center Raleigh, NC 27699-1001 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS NC Forest Service -Culvert Replacement Dear Mr. Yelverton: You have our approval for the impacts listed below for the purpose described in your application dated April 15, 2015, and received by the Division of Water Resources (Division) on April 17, 2015. These impacts are 'veered by the attached Water Quality General Certification Number 3883 and the additional conditions listed oelow. This certification is associated with the use of Nationwide Permit Number 3 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by(but not limited to)Sediment and Erosion Control, Non-Discharge,Water Supply Watershed,and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certifications) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification,General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Stream Impact S1 430 (linear feet) Division of Water Resources-Asheville Regional Office 2090 Us Hwy 70,swannanoa,NC 28778 Phone:828-296-4500\FAX:828-299-7043 Internet:http://portal.ncdenr.org/web/wq/ws An Equal Opportunity\Affirmative Action Employer NC Forest Servic, 2. This approval is for the purpose and design described in your application.The plans and specification. for this project are incorporated by reference as part of the Certification/Authorization. If you change your project,you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certifications) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill,the permitee/contractor shall immediately contact the Division, between the hours of 8 am to 5 pm at the Asheville Regional Office at (828) 296-4500 and after hours and on weekends call (800)858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 026 .0200 (3)(f), and GS 143 Article 21A] 4. All temporary impacted areas shall be restored to pre-construction natural conditions upon completion - of the project. Native vegetation shall be used for stream bank stabilization. [15A NCAC 02H .0506 (b)(2) and (c)(2)l 5. This authorization exempts the Permittee from meeting the culvert burial condition in Condition#8 (Placement of Culverts and Other Structures in Waters and Wetlands) in the attached general certification. 6. All necessary measures shall be taken to prevent direct contact between uncured concrete and waters of the state. Water that inadvertently contacts'uncured concrete shall not be discharged to waters of the state due to the potential for elevated pH and possible aquatic life/fish fills. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. A petition form may be obtained from the OAH at http•//www.ncoah.comZ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1)copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. NC Forest Service—Culvert Replacement DWR#15-0377 401 APPROVAL Page 3 of 3 .dress for the OAH: If sending via US Postal Service: If sending via delivery service(UPS, FedEx,etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Zan Price at (828) 296-4662 or zan.price@ncdenr.gov if you have any questions or concerns. Sincerely, r G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3883 Certificate of Completion cc: R. Clement Riddle—Clearwater Environmental Consultants,Inc. (via email) Tasha Alexander-USACE Asheville Regulatory Field Office (via email) Andrea Leslie—NCWRC (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit G:\WR\WQ\Buncombe\401s\Non-DOT\NC Forest Service-Culvert Replacement(Sardis)\APRVL.401NCFSCulvert052715.doc A'L4 MCDENR , North Carolina Department of Environment and Natural Resources .;Crory Donald R.van der Vaart ,rernor Secretary May 27,2015 Anthony K Staley Horsehead Metal Products LLC 484 Hicks Grove Rd Mooresboro NC 28114 SUBJECT: Compliance Evaluation Inspection Horsehead Metal Products, LLC Permit No: NCG500667 Rutherford County Dear Mr. Staley: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on 5/6/2015. The facility was found to be in compliance with permit NCG500667. No violations of permit requirements or applicable regulations were observed during this inspection. Please refer to the-enclosed inspection report for additional observations and comments. If you or your staff have any questions,please call me at 828-296-4500 orjeff.menzel@ncdenr.gov. Sincerely, Jeff Menzel Environmental Specialist Enc. cc: James Harris,Environmental Manager MSC 1617-Central Files-Basement Asheville Files Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-2964500 FAX:828-299-7043 Internet:http://portal.ncdenr.org/web/wq An Equal Opportunity 1 Affirmative Action Employer G:1WRiWQtRutherfordlWastewater GenerallNCG500667 Horsehead100667 CEI 2015.doc United States Environmental Protection Agency � Washington,D.C.20460 Form Approved. OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 2 b � LJ 1 1 3 I NCG500667 111 12 15/05/06 117 18'c( 19' S I 20I ' 21 I �_f �J u 6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CA -------------_Reserved----------- 671 ( 70� 71 � 72 I „ I 73�74 75��80 —1 Section B:Facility Data 'J Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:30AM 15/05/06 14/01/22 Horsehead Metal Products,LLC 484 Hicks Grove Rd Exit Time/Date Permit Expiration Date Mooresboro NC 28114 12:30PM 15/05/06 15/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Anthony K Staley,484 Hicks Grove Rd Mooresboro NC 28114/General Contacted Manager/828-919-3135/ Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance 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 Inspector(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel 4WtARO WQ//828-2964500/ Signature of Management Q A ewer Agency/Office/Phone and Fax Numbers Date G. Landon Davids ARO GW//828-296-4500/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 31 NCG500667 I11 121 15/05106 17 18 r Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) This facility holds two NPDES waste water permits issued by the Division of Water Resources.The \ general permit allows for the discharge of non-contact cooling water, boiler blowdown,and compressor condensate to waters of the state.This water is captured in a small pump station and then discharged via outfall 001 from permit NC0089109. No violations of permit requirements or applicable regulations were observed during this inspection. Page# 2 snit: NCO500667 Owner-Facility: Horsehead Metal Products,LLC .ton Date: 05/06/2015 Inspection Type: Compliance Evaluation Aerations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? Does the facility analyze process control parameters,for ex:MLSS, MCRT,Settleable [l 11 0 Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Is the facility as described in the permit? El El El #Are there any special conditions for the permit? El El 0 El Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? El R Comment: Page# 3 l,__. \ / \,�.;, __ NCDEN North Carolina Department of Environment and Natural Resources .:Crory Donald R.van der Vaart rernor Secretary May 28, 2015 DWR# 15-0323 Henderson County Henderson County Attn:Jonathan Wallin Henderson County Soil and Water Conservation District 61 Triple Springs Road Hendersonville, NC 28739 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Rugby Middle School Stream Restoration Project Dear Mr. Wallin: ;You have our approval for the impacts listed below for the purpose described in your application dated March 2015, and received by the Division of Water Resources (Division) on March 30, 2015, with subsequent information on May 6,2015 and May 27, 2015. These impacts are covered by the attached Water Quality General Certification Number 3885 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Number 27 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by(but not limited to) Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or(c)] Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Stream ImpactS1 550 (linear feet) Impact S2 1,000 (linear feet) Division of Water Resources—Asheville Regional Office 2090 US Hwy 70,Swannanoa,NC 28778 Phone:828-296-4500\FAX:828-299-7043 Internet:http://portal.ncdenr.org/web/wq/ws An Equal Opportunity\Affirmative Action Employer Rugby Middle School St, 2. This approval is for the purpose and design described in your application and additional informatics, received on May 6, 2015 and May 27, 2015.The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certifications) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)J 3. The designer or his designee shall supervise the installation of in-stream structures. [15A NCAC 02H .0506(b)(2)J 4. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small animals. [15A NCAC 02H .0506(b)(2)] 5. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill,the permitee/contractor shall immediately contact the Division,between the hours of 8 am to 5 pm at the Asheville Regional Office at(828) 296-4500 and after hours and on weekends.call (800)858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200(12), and GS 143 Article 21A] 6. All temporary impacted areas shall be restored to pre-construction natural conditions upon completion of the project. Native vegetation shall be used for stream bank stabilization. [15A NCAC 02H .0506 (b)(2) and (c)(2)l 7. Visual monitoring of the restoration project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly after storm events) and vegetation is successful. Any failures of structures, stream banks, or' vegetation may require future repairs or replacement,which requires coordination with the Asheville Regional Office to ensure the stability and water quality of the stream and downstream waters. [15A NCAC 02H .0506(b)(2) and (b)(3)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60)calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). Rugby Middle School Stream Restoration Project DWR#15-0323 401APPROVAL Page 3 of 3 ,n may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition ,ith any applicable OAH filing fee is received by the OAH within five (5) business days following the a transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service(UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1)copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Zan Price at (828) 296-4662 or zan.price@ncdenr.gov if you have any iestions or concerns. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3885 -Certificate of Completion cc: Rachel Smith—Henderson County Conservation District (via email) Jeff Young-NC Department of Agriculture and Consumer Services (via email) David Brown—USACE Asheville Regulatory Field Office (via email) Melissa King- Division of Energy, Mineral, and Land Resources(via email) Andrea Leslie—NCW'RC (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit G:\WR\WQ\Henderson\401s\Non-DOT\Rugby Middle School stream Restoration\APRVL.40lRugbyMiddleOS2815.doc 40ENR North Carolina Department of Environment and Natural Resources " Pat McCrory Donald R.van der Vaart Governor Secretary May 28,2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7014 0510 0000 4466 6235 Edwards Robert Benjamin Heirs Attention: Mr. Ryan Whitson 415 Bee Tree Road Swannanoa,NC 28778 SUBJECT: NOTICKOF VIOLATION 415 Bee Tree Road,Swannanoa,NC NOV-2015-PC-0111 - Removal of Best Usage Buncombe County Response deadline:June 29,2015 Dear Mr. Whitson: On May 12, 2015,Zan Price and Tim Fox from the Asheville Regional Office of the Division of Water Resources (DWR)conducted a site inspection at 415 Bee Tree Road in Buncombe County. We subsequently met with Mr. Whitson at the site later on May 12,2015 to discuss our concerns. An initial violation letter was mailed on May 19,2015,but was returned due to a street address error. Stream standard violations were noted during the inspection. As a result of the site inspection,the following violation was identified: VIOLATION I. Removal of Best Usage—15A NCAC 02B.0211 (2)—an undetermined length of an unnamed tributary to the Swannanoa River, a Class C river,were impacted by excavation and channel over-widening representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2) REQUIRED RESPONSE The DWR requests that you respond by June 29,2015. Your response should be sent to the attention of Zan Price,Division of Water Resources,2090 US HWY 70, Swannanoa,NC 28778 and should address the following items: Water Quality Regional Opertations—Asheville Regional Office Location:2090 U.S.Highway 70,Swannanaa,North Carolina 28778 One Phone:828-296-450M FAX:828-299-7043 NorffiCarolina Internet: www.ncwaterquativeActi An Equal Opportunity lAffirmativeAction Employer KL l` 415 Bee Tree Road May 28,2015 Page 2 of 2 1. Removal of Best Usage—15A NCAC 02B.0211(2) 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 Stream Stabilization 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 in order to achieve compliance. Alternatively,please contact Mr.Anthony Dowdle with the Buncombe County Soil and Water Conservation District for assistance with the Stream Stabilization Plan. The plan must include stabilization of all onsite stream impacts,'stabilization`of the stream bank and buffer along the stream,and stabilization of the excavated material to prevent sedimentation to the unnamed tributary and the Swannanoa River,which could result in additional stream standard violations. It is recommended that your consultant and/or Mr.Dowdle contact Zan Price of the Asheville Regional Office for additional guidance during plan development. The plan should include the proposed schedule with dates that indicate when you expect to begin and complete the stabilization work. _ Once the plan has been implemented and is complete,a final report documenting stabilization of the stream should be submitted to Zan Price. 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 Resources 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 and properly resolved. Pursuant to G.S. 143-215.6A, 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 Zan Price at(828)296-4500 or zan.12rice cr ncdenr.gov . Sincerely, C' G.Landon Davidson,P.G. Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc: Karen Higgins,401 &Buffer Permitting Unit ARO File Copy Tasha Alexander,US Army Corps of Engineers(email copy) Anthony Dowdle,Buncombe County Soil and Water Conservation District(email copy) G:\WR\WQ\Buncombe\Complaints\415 BeeTree\NOV 2015-PC-0111revl.doc NCDENR North Carolina Department of Environment and Natural Resources .,rory Donald R.van der Vaart .;rnor Secretary May 28,2015 Lee Smith City of Hendersonville PO Box 1670 Hendersonville,NC 28793 SUBJECT: Compliance Sampling Inspection Hendersonville WTP Permit No:NCO042277 Henderson County Dear Mr. Smith: On May 7, 2015, I conducted a Compliance Sampling Inspection at the subject facility. The facility appeared to be in compliance with permit NC0042277. ',lease refer to the enclosed inspection report for detailed observations and comments. If you or your staff have ,,ay questions,please call me at 828-296-4500. Sincerely, Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enc.Inspection Report cc: Ron Reid(e-copy) MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\Henderson\Wastewater\Municipal\I-Iendersonville Water Plant 42277\May 2015 visit\CSI.May2415.Ltr.doe Water Quality Regional Operations—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/web/wq An Equal Opportunity\Affirmative Action Employer United States Environmental Protection Agency FormApproved. Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 U 3 L NCO042277 I11 12 15/05/07 L"17 18ICJ 191 G I 201 LJ L.1 21Llll I I j I I I I I I I L j I I I I I I IIII66 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -- -Reserved-------- 671 70 U 71 [_j 72 L_�; l� 73 LJJ 74 75111 L_[_LIJ80 Section B:Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:OOAM 15/05/07 11/07/01 Hendersonville WTP NC Hwy 191 Exit Time/Date Permit Expiration Date Hendersonville NC 28793 01:OOPM 15/05/07 16/02/29 Name(s)of Onsite Representative(s)(fitles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Lee Smith,PO Box 1670 Hendersonville NC 287931670/Utilities Contacted Director/828-697-3073/8286973089 Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement 0 Operations&Maintenance . Records/Reports Self-Monitoring Program Sludge Handling Disposal 0 Facility Site Review 0 Effluent/Receiving Waters Laboratory 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 bate Linda S!�Wiggs ARO WQ/1828296-4500 Ext.4653/ f/1-6/ 5� Signature of Management Q A fewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 Permit: NC0042277 Owner-Facility: Hendersonville WTP Inspection Date: 05107/2015 Inspection Type: Compliance Evaluation Record KAgWrIff Yes No NA NE Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ❑ Comment: A water plant operator is onsite 24/7. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ® ❑ ❑ El 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? D El 0 El 1s the site free of evidence of short-circuiting? ® ❑ ❑ ❑ Is scum removal adequate? ❑ ❑ 0 Is the site free of excessive floating sludge? ® El ❑ ❑ 1s the drive unit operational? ❑ Is the return rate acceptable(low turbulence)? ❑ Is the overflow clear of excessive solids/pin floc? ❑ ❑ ❑ Is the sludge blanket level acceptable?(Approximately°/4-of the sidewall depth) El Comment: Facility's probe indicated sludge level.was.-50" There was a sheen on the surface. De-chlorination Yes No NA NE Type of system? Liquid Is the feed ratio proportional to chlorine amount(1 to 1)? n ❑ Is storage appropriate for cylinders? El ❑ M El #Is de-chlorination substance stored away from chlorine containers? ❑ ❑ ■ Comment: Are the tablets the proper size and type? ❑ ❑ M El Are tablet de-chlorinators operational? ❑ ❑ ■ ❑ Number of tubes in use? Comment: Flow Measurement- Effluent Yes No NA NE #Is flow meter used for reporting? ® El ❑ ❑ Is flow meter calibrated annually? ❑ ❑ Is the flow meter operational? ■ ❑ ❑ ❑ / Page# 4 ermit: NCO042277 Owner-Facility: Hendersonville WTP pion Date: 05/07/2015 Inspection Type: Compliance Evaluation -sw Measurement-Effluent Yes No NA NE (If units are separated)Does the chart recorder match the flow meter? ❑ ❑ ® ❑ Comment: Closed i e set u *t ical annual calibrations are not erformed. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ❑ ■ ❑ Is sample collected below all treatment units? ® ❑ ❑ Is proper volume collected? ❑ ❑ ❑ Is the tubing clean? ❑ ❑ ® ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees (] [] ElCelsius)? Is the facility sampling performed as required by the permit(frequency,sampling type ® [] ❑ ❑ representative)? Comment: Effluent Pipe Yes No .NA NE Is right of way to the outfall properly maintained? . ❑ 1:1 ❑ ' Are the receiving water free of foam other than trace amounts and other debris? N 11 El El If effluent (diffuser pipes are required) are they operating properly? ❑ Comment: Solids Handling Equipment Yes No NA NE Is the equipment operational? ❑ ❑ Is the chemical feed equipment operational? . ❑ ❑ ❑ Is storage adequate? ❑ ❑ ■ ❑ Is the site free of high level of solids in filtrate from filter presses or vacuum filters? ❑ ❑ ■ ❑ Is the site free of sludge buildup on belts and/or rollers of filter press? ❑ ❑ N ❑ Is the site free of excessive moisture in belt filter press sludge cake? ❑ ❑ ■ ❑ The facility has an approved sludge management plan? ❑ ❑ . ❑ Comment: Page# 5 14 *-7FAA North Carolina Department of Environment and Natural Resources McCrory Donald R. van der Vaart Governor Secretary May 29,2015 Mike Ellington,Ranch Manager Carolina Bison 356 Ridgeview Road Leicester,NC 28748 Subject: Wastewater Permitting Exemption Carolina Bison Buncombe County Dear Mr. Ellington: In response to our conversation earlier this week,the Division of Water Resources'(DWR)is forwarding this letter that outlines the wastewater permitting requirements for your camel dairy operation. In accordance with Session Law 2011-41, which was effective as of April 19,2011, your operation is exempt from wastewater permitting for the dairy operation provided that the following conditions are met: (1) The activities related to the processing of the agricultural products are carried out by the owner of the agricultural products. (2) The activities related to the processing of the agricultural products produce no more than 1,000 gallons of wastewater per day. (3) The wastewater is not generated by an animal waste management system as defined in G.S. 143-215.1OB. (4) The wastewater is disposed of by land application. (5) No wastewater is discharged to surface waters. (6) The disposal of the wastewater does not result in any.violation of surface water or groundwater standards. A copy of this law can be located at the link below: http://www.ncleg.net/Sessions/201 I/Bills/House/PDF/H162v4 pddf From our conversation, it appears that your operation will meet all of the above requirements. As a result,no permit is needed for the dairy wastewater at your facility. North Carolina Division of Water Resources—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,N.C. 28778 Phone(828)296-4500 FAX (828)299-7043 Internet: http://portal.nedenr.org/web/wq/ An Equal Opportunity/Affirmative Action Employer Mr. Ellington May 29,2015 Page 2 Please be aware that you are responsible for meeting all requirements set forth in North Carolina rules and regulations. If you have any questions regarding this letter,please feel free to contact me at(828)296-4685. Sincerely, � r Beverly Pn e Environmental Specialist cc: Jeff Richardson,Regional EHS 13 Clinton St. Weaverville NC 28787 DWR-Animal Feeding Operations Unit 1636 Mail Service Center Raleigh NC 27699 ARO Water Quality:Files G:\WR\WQ\Buncombe\CAFOs\Carolina Bison.doc