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HomeMy WebLinkAboutDWR SWP Read File Archive May 2006A{�J A 1 0� RQWilliam Michael F. Easley, Governor , G. Ross Jr., Secretary Go North Carolina Department of Environment and Natural Resources a Coleen H. Sullins, Director �f# Division of Water Quality May 1, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7002 0460 0001 9899 7828 Mr. W. R. Jameson Vice President of Real Estate Ingles Markets, Inc. Post Office Box 6676 Asheville, North Carolina 28816 Subject: Fast -Track Application Return I ngles Store #8 Buncombe County Dear Mr. Jameson: Attached herewith is the Fast -Track Sewer Application which you submitted seeking permission to construct a sewer system to serve the Ingles Store # 8. The application is being returned for the following reasons: (1) Section B-9 was not completed to indicate how the proposed flow volume was determined. (2) Section B-10 was not completed fo indicate what you wish to construct in the way, of sewers. (3) The volume of wastewater to be discharged is different from the volume indicated on the Flow Tracking/Acceptance Form. (4) Two copies of the Application were not submitted. I look forward to receiving a completed application. Please do not hesitate to call me at 828/296-4659 should you wish to discuss this matter. Sincerely, RonMavis Environmental Engineer ! cc: Patrick Rivers, PE GAWPDATA\DEMWQ\Buncombe\MSD Collection System\Application Return-Ingles #8.doc North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Internet: www.ncwaterquality.org Customer Service 1-877-623-6748 FAX (828) 299-7043 Woren �aiuraflr� An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper OF \NArT May 1, 2008 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources CERTIFIED MAIL RETURN RECEIPT REQUESTED 7002 0460 0001 9899 7811 Mr. W. R. Jameson Vice President of Real Estate Ingles Markets, Inc. Post Office Box 6676 Asheville, North Carolina 28816 Dear Mr. Jameson: Coleen H. Sullins, Director Division of Water Quality Subject: Fast -Track Application Return Ingles Store #80 Madison County Attached herewith is the Fast -Track Sewer Application which you submitted seeking permission to construct a sewer system to serve the Ingles Store # 8. The application is being returned for the following reasons: (1) Section B-9 was not completed to indicate how the proposed flow volumewas determined. _ (2) Section B-10 was not completed to indicate what you wish to construct in the way of sewers. (3) Two copies of the Application were not, submitted. I look forward to receiving a completed application. Please do not hesitate to call meat 828/296-4659 should you wish to discuss this matter. Sincerely, Roy M. Davis Environmental Engineer cc: Patrick Rivers, PE GAWPDATA\DEMWQ\Madison\Mars Hill Collection System\Application Return-Ingles #80.doc r NothCarolina Vah(rallb( North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Internet: www.ncwaterquality.org Customer Service I-877-623-6748 FAX (828) 299-7043 An Equal Opportunity/Affirmative Action Employer — 50% Recygled/l0% Post Consumer Ppper Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality May 1, 2008 WalMart #1179-02 Arden Stormwater Compliance Mark Goldsmith 2001 S.E. 10 h Street Bentonville, Arkansas 72716-0550 Subject: Follow-up to Twenty-four Hour Reporting Non-compliance DWQ Tracking Number NCR000669 Buncombe County Dear Mr. Goldsmith: The Division of Water Quality (DWQ) has received your sediment removal report from Environmental Permitting Consultants, dated April 2008 regarding the sediment removal restoration efforts to an unnamed tributary to Lake Julian. DWQ has reviewed the information provided and conducted a site visit on April 2, 2008. The written response and the restoration efforts observed at the site have satisfactorily resolved the instream waste violations that occurred. This letter in no way precludes this Office for taking action on this or any other violation. Violations are subject to civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions.regarding these matters, please contact myself at (828) 296-4500. Sincerely, JOIX/11 V-11 Linda Wiggs Surface Water Protection Section cc: Asheville Regional Office File Copy DWO Central Files WZhCarolina Vaturallry North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www..ncwalerquality.org FAX (828) 299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Buncombe\Stormwater Construction NCG01\WalMart-ArdenNCR000669\5-08 Closure.doc An Equal Opportunity/Affirmative Action Employer — 50% Recycledll0% Post Consumer Paper Michael F. Easley, Governor y+ William G. Ross Jr., Secretary K Q, North Carolina Department of Environment and Natural Resources �F Coleen H. Sullins, Director Division of Water Quality w m Asheville Regional Office SURFACE WATER PROTECTION May 2, 2008 Mr. Gary A. Whitener Carolina Energies, Inc. Post Office Box 910 Shelby, North Carolina 28151 SUBJECT: Compliance Evaluation Inspection Sugar Hill Truck Stop Permit No: NCO029831 McDowell County Dear Mr. Whitener: Enclosed please find a copy of the Compliance - Evaluation Report from the inspection conducted on April 30, 2008 by staff of the Asheville Regional Office. The facility was found to be in. Compliance with permit N00029831. Please refer to the enclosed inspection report for additional observations and comments. ` If there are questions, please call the writer at 828=296-4651. Sincerely, James R Reid Environmental Engineer Enclosure cc: James & James Environmental Central Files Asheville Files NNo e hcarolina aturally 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 NPDES yr/mo/day Inspection Type 3I NCO029831 I11 12I 08/04/30 117 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Facility has been vacant (without flow to the wwtp) since October, 2007. The building owner has maintained the NPDES Permit as "active" during the vacancy and has been attempting to rent the facility. The operator visits the facility daily and keeps the apparatus operational. The operator understands that the facility has been rented and expects flow to resume within 30-90 days. Page # 2 Permit: NCO029831 ,spection Date: 04/30/2008 Owner - Facility: Sugar Hill Truck Stop Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n Judge, and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ n n n Is the facility as described in the permit? ■ In n ❑ # Are there any special conditions for the permit? ■ n ❑ ❑ Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ ❑ n n Comment: Page # 3 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION May 2, 2008 Ms. Jeff Morse Town Manager Town of Valdese P.O. Box 339 Valdese, N.C. 28690-0339 SUBJECT: Technical Assistance Inspection Status: In Compliance Lake Rhodhiss VW1(TP - Valdese NPDES Permit Number NCO041696 Burke County Dear Mr. Morse: Enclosed please find a copy of the Technical Assistance Inspection form from the inspections and follow-up conducted on March 5 and April 23 2008. Don Price, Jim Reid, and Keith Haynes of the Asheville Regional Office conducted the Technical Assistance Inspection and subsequent follow-up. As noted in the enclosed inspection report, the facility was found to be in Compliance with permit NC0041696, but should review the current level of MLSS (mixed liquor suspended solids). The current level of MLSS (greater than 5000 mg/L) can pose serious issues in the existing operating mode and with the existing type of aeration currently used at the VVWTP. The ORC, Mr. Greg Padgett and Town of Valdese VWVTP's staff time and assistance in conducting the Technical Assistance inspection is appreciated. Please refer to the enclosed inspection report for additional observations and comments, and contact me you wish to continue this TA into the Maintenance of the existing WWTP operation. If you or your staff have any other questions, or I can be of further assistance, please call me at (828) 296-4500. Sincerely, j_ P--� Don Price WWTP Consultant Enclosure cc: Greg Padgett, ORC, Lake Rhodhiss WWTP Keith Haynes, ARO Central Files Asheville Regional Office Files Northcarolina lvaturallry 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 NPDES yr/mo/day Inspection Type (cont.) ` 3I NCO041696 ��� 12I 08/03/05 �� BSI DI \ Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The purpose of this Technical Assistance was to offer support to ORC, Mr. Greg Padgett and his staff in developing a "Process Control - Operation & Maintenance Plan" for the facility. Greg and his staffs assistance in conducting the T/A is appreciated. The WWTP is currently 28 years old and has had several upgrades/refurbishments since the original construction. The upgrade/refurbishments appear to be mainly painting and preservation of treatment structures and equipment and structures to operate a composting operation for waste activated sludge. The facility is operated in a "Complete Mix" type of Activated Sludge mode, utilizing primary clarifiers, aeration basins, secondary clarifiers, disinfection and de -chlorination with discharge to Lake Rhodhiss. This type of Activated Sludge mode can pose several problems in treating the current waste stream (85 % industrial- 15 % domenstic) and trying to maintain as high of a MLSS (mixed liquor suspended solids) concentration, as is being done with the Valdese operation. The MLSS concentration was taken during several of the TA visits and indicated the concentration to be over 5000 mg/L. The current Aerators at the facility are "Fixed Platform" type aerators and are not very efficient, in addition to they can cause activated sludge floc shear with as high of a concentration as the Valdese plant carries. It is suggested the MLSS level be reduced to 3500 mg/L until an upgrade to the existing aerators can be completed. Modifications to the existing Primary clarifiers should be reviewed to determine if these units could be converted to "Flow Equalization / Aeration Basins", and change the operation mode from "Complete Mix" activated sludge into "Extended Aeration" mode. This type of operational mode is more condusive to treating the industrial waste that composes a majority of the Valdese plant. And, by modifying the existing primary clarifiers to EQ/Aeration Basins, it would allow for more flexibility in operation, should industries slow down and flow be reduced. It is also suggested the facility review retrofit/replacing the existing platform aerators into more efficient aerators , such as brush aerators. Information is included with this TA regarding a different type of aerators. Page # 2 Permit: NCO041696 Owner - Facility: Lake Rhodiss VVVVTP ,spection Date: 03/05/2008 Inspection Type: Technical Assistance 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 ■ n n n Judge, and other that are applicable? Comment: The WWTP is generally well kept with the exception of the Secondary Clarifier splitter box area. This area was covered with foam , which attempts had been made to control with wood shavings and other inert compost material. It should be cleaned up and the foaming issue addressed. Type of bar screen a. Manual ❑ b.Mechanical ■ Are the bars adequately screening debris? n n n ■ Is the screen free of excessive debris? ❑ n n ■ Is disposal of screening in compliance? ❑ ❑ ❑ ■ Is the unit in good condition? n ❑ ❑ ■ Comment: The bar screen area was not evaluated during the Technical Assistance, but on -site discussions with ORC, Mr. Greg Padgett, indicated the bar screen worked appropriately. Grit Removal Yes No NA NE Type of grit removal a.Manual ❑ b.Mechanical ■ Is the grit free of excessive organic matter? ❑ ❑ ❑ ■ Is the grit free of excessive odor? ❑ ❑ ❑ ■ # Is disposal of grit in compliance? n ❑ n ■ Comment: The Grit removal area was not evaluated during the Technical Assistance, but on -site discussions with ORC, Mr. Greg Padget indicated the facility was reviewing options for upgrade of the existing unit. Primary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ o n n Is the site free of excessive buildup of solids in center well of circular clarifier? ■ ❑ n n Are weirs level? ■ n n ❑ Is the site free of weir blockage? ■ ❑ ❑ ❑ Page # 3 Permit: NCO041696 Owner - Facility: Lake Rhodiss WVVTP Inspection Date: 03/05/2008 Inspection Type: Technical Assistance Primary Clarifier Yes No NA NE Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ n n n Is the site free of excessive floating sludge? o ❑ n Is the drive unit operational? o ■ n n Is the sludge blanket level acceptable? n n n ■ Is the sludge blanket level acceptable? (Approximately'% of the sidewall depth) n 1­1 n ■ Comment: During one of the on -site visits to conduct the Technical Assistance, one of the two Primary Clarifier's was down awaiting investigation by the facilities engineer. On -site discussions indicated the Primary Clarifier was down to determine causes of drive failure. The drive unit's gearing was stripped due to some obstruction with the sweep mechanism at the bottom of the clarifier. It appeared the most probable cause of this units failure was "age". The primary clarifier's along with most of the other facility structurs are "28" years old. The typical service life of most WWTP umits is 20 years. It is suggested that facility staff review all units for service life and upkeep/maintenance needs. Also, staff should review the operation mode for the facility, and see if operating as "Complete Mix" activated sludge would produce the best quality effluent, or modify the primary clarifiers to "Equalization Basins" and operated the facility as an "Extended Aeration" activated sludge system. Aeration Basins Yes No NA NE Mode of operation Plug flow Type of aeration system Fixed. Is the basin free of dead spots? n ■ n n Are surface aerators and mixers operational? ❑ ■ n n Are the diffusers operational? n n ■ n Is the foam the proper color for the treatment process? ■ ❑ ❑ n Does the foam cover less than 25% of the basin's surface? ■ n n n Is the DO level acceptable? n ■ n n Is the DO level acceptable?(1.0 to 3.0 mg/I) n ■ n n Comment: The facility operates two (2) aeration basin treatment trains using 3 "Fixed" platform aerators/basin. The major user of electrical power at the WWTP is the platform aerators, the facility should review upgrading/replacing the existing aerators with lower horsepower, more efficient aerators, or a similar method. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? ■ n n n Page # 4 Permit: NCO041696 Owner - Facility: Lake Rhodiss WW P ispection Date: 03/05/2008 Inspection Type: Technical Assistance Secondary Clarifier Yes No NA NE Are weirs level? ■ n n n Is the site free of weir blockage? ■ 0 n n Is the site free of evidence of short-circuiting? n n n Is scum removal adequate? ®n ❑ n Is the site free of excessive floating sludge? ■ n 0 i1 Is the drive unit operational? ■ n n n Is the return rate acceptable (low turbulence)? ■ o n Is the overflow clear of excessive solids/pin floc? n ■ n fl Is the sludge blanket level acceptable? (Approximately % of the sidewall depth) n n n ■ Comment: During the Technical Assistance observations were made that indicated the center wells of each secondary clarifier showed signs of deterioration. This should be addressed with any updated maintenance needs. There was also some signs of pin floc over the secondary weirs, indicated possible overaeration. Disinfection -Gas Yes No NA NE Are cylinders secured adequately? ■ n ❑ ❑ Are cylinders protected from direct sunlight? ■ n Is there adequate reserve supply of disinfectant? ■ n n Is the level of chlorine residual acceptable? ■ n ❑ n Is the contact chamber free of growth, or sludge buildup? ■ n n n Is there chlorine residual prior to de -chlorination? ■ n fl n Does the Stationary Source have more than 2500 Ibs of Chlorine (CAS No. 7782-50-5)? ■ n F1 n If yes, then is there a Risk Management Plan on site? ■ n n If yes, then what is the EPA twelve digit ID Number? (1 000--_ If yes, then when was the RMP last updated? Comment: Yctc Nn NA NF Type of system ? Gas Is the feed ratio proportional to chlorine amount (1 to 1)? ■ n n ❑ Is storage appropriate for cylinders? ■ n In n # Is de -chlorination substance stored away from chlorine containers? ■ n n n Comment: Page # 5 Permit: NC0041696 Owner - Facility: Lake Rhodiss VWVfP Inspection Date: 03/05/2008 Inspection Type: Technical Assistance De -chlorination Are the tablets the proper size and type? Are tablet de -chlorinators operational? Number of tubes in use? Comment: Yes No NA NE ❑ ❑ ■ ❑ n ❑ ■ ❑ Page # 6 r�. Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources May 2, 2008 Mr. Ben D. Brooks 24 Wise Road Candler, North Carolina 28715 Subject: Beaverdam Creek (at 24 Wise Road) Buncombe County Dear Mr. Brooks: Coleen H. Sullins, Director Division of Water Quality In response to a recent complaint of dead and distressed crayfish in Beaverdam Creek, the Division of Water Quality visited the area on May 1, 2008. In passing the property located at number 24 Wise Road, the investigator observed what appeared to be .. - a mixing station for agricultural chemicals and apparent recent application activities. No observations suggested that contamination of the stream originated from the subject property. This communication simply requests caution in ensuring that contamination of, surfacewaters not occur from handling or application of chemicals on the property. Any damages to water quality or unpermitted discharges could result in initiation of enforcement proceedings. Your attention to this matter is appreciated. Please contact the writer at 828-296-4500 if there are questions or comments. incerely, James R. Reid Environmental Engineer NorthCarolina Naturally, North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828) 299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50%a Recycled110% Post Consumer Paper Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION May 2, 2008 Mr. Mohammad J Igbal Sugar Hill Enterprises Inc 3365 Sugar Hill Rd Marion NC 28752 SUBJECT: Compliance Evaluation Inspection Marion Travel. Plaza WWTP Permit No: NCO086428 McDowell County Dear Mr. Igbal: Enclosed please find a copy of the Compliance Evaluation Report of the inspection conducted on April 30, 2008 by James R Reid of the Asheville Regional Office. The facility was found to be in Compliance with permit NC0086428. Please refer to the enclosed inspection report for additional observations and comments. If there are questions, please call the writer at 828-296-4651. incerely, r James R Reid Environmental Engineer Enclosure cc: Harry Dewain James, ORC Central Files Asheville Files NonLCarohna Naturally 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. E P A Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 151 31 N00086428 111 121 08/04/30 117 181 CI 191 SI 201 Remarks 21IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------------------------- Reserved ---------------------- 67I 169 70141 711 I 72I N I 73I ' 74 751 I I I I I I 180 I� Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 05/06/01 09:30 AM 08/04/30 Marion Travel Plaza WWTP Exit Time/Date Permit Expiration Date Sugarhill Rd NCSR,1001 Marion NC 28752 09:50 AM 08/04/30 09/12/31 Name(s) of Onsite Representative (s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Harry Dewain James/ORC/828-697-0063/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Mohammad J Igbal,3365 Sugar Hill Rd Marion NC 28752/// No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit E Flow Measurement Operations & Maintenance ■ Records/Reports Self -Monitoring Program E 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 Ja R Reid ARO WQ//828-296-4500 Ext.4651/ Signature an e e t Q A Reviewer Agency/Office/Phone and Fax Numbers (Date (!� v EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I 11 1217 18 NCO086428 'I 08/04/30 IICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Effluent was clean and clear. Belt had broken on the equalization basin's aerator; the break was recent as no odor had developed Replacement of the belt was scheduled during the inspection. Calibration of the flow meter should occur in the near future. Page # 2 Permit: NCO086428 Owner - Facility: Marion Travel Plaza WWTP speetlon Date: 04/30/2008 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n 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? ■ n n n Is the facility as described in the permit? ■ ❑ n ❑ # Are there any special conditions for the permit? ® o n n Is access to the plant site restricted to the general public? ■ ❑ ❑ Cl Is the inspector granted access to all areas for inspection? ■ i_l In, n Comment: Record Keeping Yes. No NA NE Are records kept and maintained as requiredbythe permit? ■ n n El Is all required information readily available, complete and current? ■ ; 0, 0 Cl Are all records maintained for 3 years (lab. reg. required 5 years)? ■ n ❑ . n Are analytical results consistent with data reported on DMRs? ■ ❑ ❑ n Is the chain -of -custody complete? ■ , n 0 n Dates, times and location of sampling " n Name of individual performing the sampling n Results of analysis and calibration n Dates of analysis n`' Name of person performing analyses n Transported COCs n Are DMRs complete: do they include all permit parameters? ■ n n n Has the facility submitted its annual compliance report to users and DWQ? ■ n Cl n (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ■ n n n Is the ORC visitation log available and current? ■ n n n Is the ORC certified at grade equal to or higher than the facility classification? ■ n n n Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ Q Is a copy of the current NPDES permit available on site? ■ ❑ n n Page # 3 Permit: NC0086428 Inspection Date: 04/30/2008 Record Keeping Facility has copy of previous year's Annual Report on file for review? Comment: Flow Measurement - Influent Owner - Facility: Marion Travel Plaza WWTP Inspection Type: Compliance Evaluation # Is flow meter used for reporting? Is flow meter calibrated annually? Is the flow meter operational? (If units are separated) Does the chart recorder match the flow meter? Comment: Flow Measurement is as EFFLUENT, Meter is due for calibration. Bar Screens Type of bar screen a.Manual b.Mechanical Are the bars adequately screening debris? 1s the screen free of excessive debris? Is disposal of screening in compliance? Is the unit in good condition? Comment: Grease Removal # Is automatic grease removal present? Is grease removal operating properly? Comment: Grease removal occurs in tanks that the operator has pumped. = _ L Yes No NA NE Yes No NA NE ■ n ■nnn ■nnn ■nnn Yes No NA NE n.■nn ■nnrl Page # 4 Michael F. Easley, Governor William G. Ross Jr., Secretary Q� North Carolina Department of Environment and Natural Resources y Coleen H. Sullins, Director Division of Water Quality Wok Asheville Regional Office SURFACE WATER PROTECTION May 5, 2008 Mansukh Patel 4248 South Highway 221 Marion, North Carolina 28752 SUBJECT: Compliance Evaluation Inspection Days Inn - Marion Permit No: NCO040291 McDowell County Dear Mr. Patel: Enclosed please find a copy of the Compliance Evaluation Report from.'the . inspection conducted on April 30, 2008 by staff of the Asheville Regional Office::: The facility was found to be in Compliance with permit NC0040291. Please refer to the enclosed inspection report for additional observations and comments. If there are questions, please call the writer at 828-296-4651. Sincerely, James R Reid Environmental Engineer Enclosure cc: Harry Dewain James, ORC Central Files Asheville Files NorthCaroh11 Natur"Iff 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved: EP ^ Washington, D.C. 20460 H OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 N00040291 Ill 121 08/04/30 117 181 cI 19I s I 20III Remarks 211111IIIIIIIIIIIIIIIIIIIIIIIIIIII1111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------------------------- Reserved ---------------------- 67I 169 70141 71 I( 721 NJ 73 LJJ 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:40 AM 08/04/30 05/10/01 Days Inn - Marion Exit Time/Date Permit Expiration Date I-40 us 221 Marion NC 28752 10:15 AM 08/04/30 10/01/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Harry Dewain James/ORC/828-697-0063/ ; ;Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Mansukh Patel,4248 S Hwy 221 Marion NC 28752//828-659-2567/ No Section C'Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance 0 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 James R Reid ARO WQ//828-296-4500 Ext.4651/ ignature ge nt eviewer Agency/Office/Phone and Fax Numbers Date r ✓ `o2,`> 6 EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO040291 I" '2I 08/04/30 I " ,BICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) All equipment operational. Facility was neatly and cleanly kept. A concrete cap had been poured over the end of the tank to stabilize and seal the chlorine contact tank. The top sidewalls of the tank are in need of a similar or better fix. Page # 2 Permit: NCO040291 ,pection Date: 04/30/2008 Operations & Maintenance Is the plant generally clean with acceptable housekeepin Does the facility analyze process control parameters, for Judge, and other that are applicable? Comment: Owner - Facility: Days Inn - Marion Inspection Type: Compliance Evaluation Yes No NA NE ■nnn MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n Permit Yes No NA NC (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ ❑ Is the facility as described in the permit? ■ n n In # Are there any special conditions for the permit? ■ n n n Is access to the plant site restricted to the general public? ■ n n 0 Is the inspector'granted access to all areas for inspection? ■ n: n • n Comment: Record Keeping Yes; ; No. NA, NE Are records kept and maintained as required by the permit? ■ n n n Is all required information readily available, complete and current? ■ n n n Are all records maintained for 3 years (lab. reg. required 5 years)? ■ n n n Are analytical results consistent with data reported on DMRs? ■ n' ❑. n Is the chain -of -custody complete? ■ 1a ❑ n Dates, times and location of sampling n Name of individual performing the sampling n Results of analysis and calibration ❑ Dates of analysis n Name of person performing analyses n Transported COCs n Are DMRs complete: do they include all permit parameters? ■ n n n Has the facility submitted its annual compliance report to users and DWQ? ■ n n n (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ■ n n n Is the ORC visitation log available and current? ■ n n n Is the ORC certified at grade equal to or higher than the facility classification? ■ n n 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? ■nnn ■nnn Page # 3 Permit: NCO040291 Inspection Date: 04/30/2008 Record Keeping Facility has copy of previous year's Annual Report on file for review? Comment: Bar Screens Type of bar screen a.Manual b.Mechanical Are the bars adequately screening debris? Is the screen free of excessive debris? Is disposal of screening in compliance? Is the unit in good condition? Comment: Aeration Basins Mode of operation Type of aeration system Is the basin free of dead spots? Are surface aerators and mixers operational? Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin's surface? Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/1) Comment: Disinfection -Tablet Are tablet chlorinators operational? 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: Owner - Facility: Days Inn - Marion Inspection Type: Compliance Evaluation ■nnn ■ n ■nnn ■nnn ■nnn ■nnn Yes No NA NE Ext. Air Diffused ■nnn ■rinn ■n❑C) .■nnn ■nnn ■nnn ■nnn Yes No NA NE ■nnn ■nnn ■nnn ■nnn ■nnn I Page # 4 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION May 5, 2008 Naval Patel Jai-Ambe Company Inc 2035 US Hwy 221 South Marion, North Carolina 28752 SUBJECT: Compliance Evaluation Inspection Super 8 Motel Permit No: NCO060208 McDowell County Dear Mr. Patel: Enclosed please find a copy of the Compliance Evaluation Report from the inspection conducted on April 30, 2008 by ,staff of the Asheville Regional Office.-::, The facility was found to be in compliance with permit N00060208. Please refer to the enclosed inspection report for additional observations and comments. If there are questions, please call the writer at 828-296-4651. Sincerely, James R Reid Environmental Engineer Enclosure cc: James Glen Smith, ORC Central Files Asheville Files NorthCarolina Aawally 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. n n Washington, D.C. 20460 r/-i OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 N00060208 111 121 08/04/30 117 18I CI 19I SI 201 1 Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------------------------- Reserved ---------------------- 67I 169 70141 711 I 72 I N I 73I I' 74 751 I I I I I I 180 W 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) 10:20 AM 08/04/30 05/10/01 Super 8 Motel Exit Time/Date Permit Expiration Date 2035 US Hwy 221 S Marion NC 28752 10:40 AM 08/04/30 10/01/31 Name(s) of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data James Glen Smith/ORC/828-697-0063/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Naval Patel,2035 US Hwy.221 S Marion NC 28752//828-659-7940/ No 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) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date James R Reid ARO WQ//828-296-4500 Ext.4651/ Signature of en Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I N00060208 I11 12I 08/04/30 I17 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Facility was neatly and cleanly kept. Effluent was clean and clear. All equipment appeared to be operating as it should. The owner may wish to remove the deteriorated bar screen from the package plant (North side of perperty) to prevent its falling into the aeration basin: primary screening is accomplished in the equalization basin. Page # 2 Permit: NCO060208 Owner - Facility: Super 8 Motel pection Date: 04/30/2008 Inspection Type: Compliance Evaluation Jperations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n Judge, and other that are applicable? Comment: r%---:A (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? Is the inspector granted access to all areas for inspection? Comment: Record Keeping 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 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? Has the facility submitted its annual compliance report to users and DWQ? Yes; No NA NE ■nnn ■nn.n ■ ,n, n n , ■OiCT0 ■r_i-nn Is n (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? Is the ORC visitation log available and current? Is the ORC certified at grade equal to or higher than the facility classification? Is the backup operator certified at one grade less or greater than the facility classification? Is a copy of the current NPDES permit available on site? Page # 3 Permit: NCO060208 Owner - Facility: Super 8 Motel Inspection Date: 04/30/2008 Inspection Type: Compliance Evaluation Record Keeping Facility has copy of previous year's Annual Report on file for review? Comment: Bar Screens Type of bar screen a.Manual b.Mechanical Are the bars adequately screening debris? Is the screen free of excessive debris? Is disposal of screening in compliance? Is the unit in good condition? Comment: Equalization Basins Is the basin aerated? Is the basin free of bypass lines or structures to the natural environment? Is the basin free of excessive grease? Are all pumps present? Are all pumps operable? Are float controls. operable? Are audible and visual alarms operable? # Is basin size/volume adequate? Comment: Aeration Basins Mode of operation Type of aeration system Is the basin free of dead spots? Are surface aerators and mixers operational? Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin's surface? Is the DO level acceptable? ■nnn ■ n ■nnn ■nnn ■nnn ■nnn Yes . No NA NE ■nnn ■nnn ■nnn ;..;,■nnn ■nn,n :■n00 nn_n■ ■nnn Yes No NA NE Ext. Air Diffused ■nnn ■nnn ■nnn ■nnn ■nnn ■nnn Page # 4 Permit: NCO060208 ,pection Date: 04/30/2008 Aeration Basins Is the DO level acceptable?(1.0 to 3.0 mg/1) Comment: Disinfection -Tablet Owner - Facility: Super 8 Motel Inspection Type: Compliance Evaluation Yes No NA NE ■nnn Yes No NA NE Are tablet chlorinators operational? ■ n n n Are the tablets the proper size and type? ■ n n n Number of tubes in use? Is the level of chlorine residual acceptable? ® n In In Is the contact chamber free of growth, or sludge buildup? ■ n n n Is there chlorine residual prior to de -chlorination? ■ ❑ n n Comment: Page # 5 Michael F. Easley, Governor William G. Ross Jr., Secretary <;G North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality C. = Asheville Regional Office SURFACE WATER PROTECTION May 5, 2008 Ms. Linda Issacs McDowell Assisted Living LLC Post Office Box 909 Marion, North Carolina 28752 SUBJECT: Compliance Evaluation Inspection McDowell Assisted Living WWTP Permit No: NCO075353 McDowell County Dear Ms. Issacs: Enclosed please find a copy of the Compliance Evaluation Report for the inspection conducted on April 30, 2008 by staff of the Asheville Regional Office. The facility was found to be in compliance with permit NC0075353. In order to ensure that the facility's compliant status continues, solids must immediately be pumped from the chlorine contact tank. Please refer to the enclosed inspection report for additional observations and comments._ If there are questions, please call the writer at 828-296-4651: Sincerely, eZ-e,,7-W James R Reid Environmental Engineer Enclosure cc: James Glen Smith, ORC Central Files Asheville Files NorthCarolina 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. C P n Washington, D.C. 20460 / 1 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 151 31 N00075353 111 121 08/04/30 117 181 CI 191 SI 201 I Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA --------------------------- Reserved ---------------------- 67I 169 701 41 711 I 721 NJ 73) I j 74 751 I I I I I I( 80 �t_1 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) McDowell Assisted Living WWTP 10:50 AM 08/04/30 05/05/01 Exit Time/Date . Permit Expiration Date Rt 9 Box 415 Marion NC 28752 11:30 AM 06/04/30 09/12/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data James. Glen Smith/CRC/828-697-0063/ Name, Address of Responsible Official/Title/Phone and Fax Number" Contacted Linda Issacs,PO Box 909 Marion NC 28752//828-652-303'3/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permif 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 James R Reid ARO WQ//828-296-4500 Ext.4651/ 947z�� 4e. / 4a Signature Agency/Office/Phone and Fax Numbers Date &n&tviewer '-;'o<9 EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NC0075353 I11 12I 08/04/30 !17 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Effluent clean and clear. All equipment appeared to be operating properly. SOLIDS MUST BE PUMPED FROM THE CHLORINE CONTACT TANK. Page # 2 Permit: NCO075353 .pection Date: 04/30/2008 Owner - Facility: McDowell Assisted Living WWTP Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n In Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n ❑ n Judge, and other that are applicable? Comment: (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ n n n Is the facility as described in the permit? ■ n n n # Are there any special conditions for the permit? ■ n n In Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Record Keeping Yes No: NA NE Are records kept and maintained as required by the permit? -■ n ❑ n Is all required information readily available, complete and current? ■ n n n \ Are all records maintained for 3 years (lab. reg. required 5 years)? ■ n n n Are analytical results consistent with data reported on DMRs?. ■ n n n Is the chain -of -custody complete? ■ n n n 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 n Are DMRs complete: do they include all permit parameters? ■ n n n Has the facility submitted its annual compliance report to users and DWQ? ■ n n n (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ■ n n n Is the ORC visitation log available and current? ■ n n n Is the ORC certified at grade equal to or higher than the facility classification? ■ n n n Is the backup operator certified at one grade less or greater than the facility classification? ■ n n n Is a copy of the current NPDES permit available on site? ■ n n n Page # 3 Permit: NCO075353 Inspection Date: 04/30/2008 Record Keeping Facility has copy of previous year's Annual Report on file for review? Comment: Aeration Basins Mode of operation Type of aeration system Is the basin free of dead spots? Are surface aerators and mixers operational? Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin's surface? Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/1) Comment: De -chlorination Type of system ? Is the feed ratio proportional to chlorine amount (1 to 1)? Is storage appropriate for cylinders? # 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? Comment: Disinfection -Tablet Are tablet chlorinators operational? 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? Owner - Facility: McDowell Assisted Living WWTP Inspection Type: Compliance Evaluation ■nnn Yes No NA NE Ext. Air Diffused ■nnn nn■0 ■nnn ■nnn ■nnn ■nnn ■nnn Yes No NA NE ■nnn ■nnn ■nnn ■nnn ■nnn Yes No NA NE ■nnn ■nnn ■nnn ■nnn ■nnn Page # 4 Permit: NC0075353 Owner - Facility: McDowell Assisted Living WWTP pection Date: 04/30/2008 Inspection Type: Compliance Evaluation Disinfection -Tablet Yes No NA NE Comment: Solids must be pumped from the contact tank. Page # 5 Michael F. Easley, Governor William G. Ross Jr., SecretaryG, � North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION Mrs. Bertha S. Burnette 41 Dix Creek Road #1 Leicester, North Carolina 28748 May 5, 2008 SUBJECT: Compliance Evaluation Inspection Status: Compliant Briarwood WWTP Permit No: NCO029882 Buncombe County Dear Mrs. Burnette: Enclosed please find a copy of the Compliance Evaluation Inspection form from, the inspection conducted on April 29, 2008. The facility appeared to be in compliance with permit NC0029882. The kind assistance of Mrs. Juanita James during the inspection was appreciated. The facility is well operated and maintained. 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, Ext. 4667. Sincerely, et Cantwell Environmental Specialist Enclosure cc: DWQ-SWP Asheville Files DWQ-SWP Central Files James & James Environmental/ ORC w/ attachment G:\WPDATA\DEMWQ\Buncombe\29882 Briarwood Subdivision\29882.CE1.08.doc NorthCarolina Nafurallry 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. -PA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO029882 111 121 08/04/29 117 181 cI 19I si 20III Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating 61 QA --------------------------- Reserved ---------------------- 671 169 701 I 711 I 721 NJ 73' I 174 751 I I I I I I 180 W Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 01:25 PM 08/04/29 05/11/01 Briarwood WWTP Exit Time/Date Permit Expiration Date 41 Dix Creek Rd Leicester NC 28748 01:45 PM 08/04/29 10/10/31 Name(s)-of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Juanita Reed James/ORC/828-697-0063/ Name, Address of Responsible Official/Title/Phone and Fax Number Bertha S Burnette,41 Dix Creek Rd #1 Leicester NC 28748//828-683-379t{cted �No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance ® 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 Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ Signature of M g eviewer Agency/Office/Phone and Fax Numbers Date s ."?. Z) 9 EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 Permit: NCO029882 Inspection Date: 04/29/2008 Permit Owner - Facility: Briarwood VAVfP Inspection Type: Compliance Evaluation (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? Is the inspector granted access to all areas for inspection? 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 ■ n n Ci Judge, and other that are applicable? Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ ❑ n Is all required information readily available, complete and current? ■ ❑ ❑ ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? ■ fl ❑ n Are analytical results consistent with data reported on DMW ❑ ❑ ❑ ■ Is the chain -of -custody complete? ❑ ❑ n ■ Dates, times and location of sampling n Name of individual performing the sampling n Results of analysis and calibration n Dates of analysis n Name of person performing analyses n Transported COCs ❑ Are DMRs complete: do they include all permit parameters? ■ ❑ ❑ n 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? n n ■ n Is the ORC visitation log available and current? ■ ❑ ❑ n Is the ORC certified at grade equal to or higher than the facility classification? ■ n n n Is the backup operator certified at one grade less or greater than the facility classification? ■ n n n Is a copy of the current NPDES permit available on site? ■ n n n Page # 3 Permit: NC0029882 ,,section Date: 04/29/2008 Disinfection -Tablet 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: Owner - Facility: Briarwood VAIVTP Inspection Type: Compliance Evaluation Type of system ? is the feed ratio proportional to chlorine amount (1 to 1)? Is storage appropriate for cylinders? # 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? Comment: Yes No NA NE ■❑nn ■nnn ■nnn Tablet nn■n nn■n ■nnn ■nnn In In 1 Page # 5 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION May 5, 2008 Mr. Roger C. Floren Flesher's Fairview Rest Home P.O. Box 1160 Fairview, North Carolina 28730 SUBJECT: Compliance Evaluation Inspection Status: Compliant Flesher's Fairview Rest Home WWTP Permit No: NCO034924 Buncombe County Dear Mr. Floren: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on April 29, 2008. The facility appeared to be in compliance with permit NC0034924. The kind assistance of Mrs. James during the inspection was appreciated. The facility is being well operated and maintained. 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, Ext. 4667. Sincerely, anet Can ell Environmental Specialist Enclosure cc: DWQ-SWP Asheville Files DWQ-SWP Central Files James & James Environmental/ ORC w/ attachment G:\WPDATA\DEMWQ\Buncombe\34924 Flesher's Rest Home\34924.CE1.08.doc NorthCarolina ,Vatumllry 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service. 1 877 623-6748 United States Environmental Protection Agency Form Approved. Washington, D.C. 20460 EPA OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 151 31 NCO034924 111 121 08/04/29 117 181CI 191 SI 201 1 Remarks 211IIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIJIIIIIiiIII16 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ---- -------- -------- - Reserved --------- --- — 671 169 70I 1 711 1 721 NJ 73 L_U 74 751 11 1 1 1 Li 80 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:30 AM 08/04/29 05/12/01 FTesher's Fairview Rest Home Exit Time/Date Permit Expiration Date 3016 Cane Creek Rd Fairview NC 28730 11.15 AM 08/04/29 10/10/31 Name(s) of Onsite Representative(s)lTities(s)/Phone and Fax Number(s) Other Facility Data Juanita Reed James/ORC/828-697-0063/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Roger C Floren,PO Box 1160 Fairview NC 28730//828-628-1066/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ■ Flow Measurement ® Operations & Maintenance ■ 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 Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ Signature f n e Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO034924 111 121 08/04/29 117 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Juanita James/ James & James Environmental/ ORC assisted in the inspection. The previous compliance evaluation inspection was conducted on 2/20/07. A review of the files indicates that the permit expires October 31, 2010. The Annual Performance Report has been filed for the year. The log book was present on -site. The facility appears to be well operated and maintained. The effluent was clear. Page # 2 Permit: NCO034924 Owner - Facility: Flesher's Fairview Rest Home ,pection Date: 04/29/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ n n n # Are there any special conditions for the permit? n M n n Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters, for ex: MASS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n Judge, and other that are applicable? Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ n In Is all required information readily available, complete and current? ■ ❑ ❑ ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? ■ n ❑ ❑ Are analytical results consistent with data reported on DMRs? n n n ■ Is the chain -of -custody complete? n n n ■ Dates, times and location of sampling n Name of individual performing the sampling n Results of analysis and calibration n . Dates of analysis n Name of person performing analyses n Transported COCs Cl Are DMRs complete: do they include all permit parameters? ■ n n n Has the facility submitted its annual compliance report to users and DWQ? ■ n n n (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? n ❑ ■ ❑ Is the ORC visitation log available and current? ■ n n n Is the ORC certified at grade equal to or higher than the facility classification? ■ o n In Is the backup operator certified at one grade less or greater than the facility classification? ■ o n n Is a copy of the current NPDES permit available on site? ■ n n n Page # 3 Permit: NCO034924 Inspection Date: 04/29/2008 Owner - Facility: Flesher's Fairview Rest Home Inspection Type: Compliance Evaluation Record Keeping Facility has copy of previous year's Annual Report on file for review? Comment: Equalization Basins Is the basin aerated? Is the basin free of bypass lines or structures to the natural environment? Is the basin free of excessive grease? Are all pumps present? Are all pumps operable? Are float controls operable? Are audible and visual alarms operable? # Is basin size/volume adequate? Comment: Aeration Basins Mode of operation Type of aeration system Is the basin free of dead spots? Are surface aerators and mixers operational? Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin's surface? Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/1) Comment: Secondary Clarifier Is the clarifier free of black and odorous wastewater? Is the site free of excessive buildup of solids in center well of circular clarifier? Are weirs level? Is the site free of weir blockage? Is the site free of evidence of short-circuiting? Is scum removal adequate? ■nnn ■nnn ■nnn Bonn ■nnn ■nnn ■nnn ■nnn \/-- AI.. \IA KIC Ext. Air Diffused ■nnn nn■o ■nnn ■nnn ■nnn nnn■ n n n ■ Yes No NA NE ■nnn nn■0 ■❑nn ■nnn ■nnn ■nnn Page # 4 Permit: NCO034924 Owner - Facility: Flesher's Fairview Rest Home spection Date: 04/29/2008 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the site free of excessive floating sludge? ■ ❑ ❑ ❑ Is the drive unit operational? ❑ ❑ ■ ❑ Is the return rate acceptable (low turbulence)? m ❑ ❑ n Is the overnow clear of excessive solids/pin floc? ■ ❑ ❑ ❑ Is the sludge blanket level acceptable? (Approximately '/< of the sidewall depth) ❑ ❑ ❑ ■ 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 Is the level of chlorine residual acceptable? ■ Q ❑ ❑ 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 ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? ❑ ❑ ■ ❑ Is storage appropriate for cylinders? ❑ ❑ ■ ❑ # 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? Comment: Flow Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? ■ ❑ ❑ ❑ Is flow meter calibrated annually? ■ ❑ ❑ n Is the flow meter operational? ■ ❑ ❑ ❑ - (If units are separated) Does the chart recorder match the flow meter? ■ ❑ ❑ ❑ Comment: Last calibration was April 2007 and is due for annual calibration. Page # 5 Permit: NCO034924 Owner - Facility: Flesher's Fairview Rest Home Inspection Date: 04/2912008 Inspection Type: Compliance Evaluation \` \ � \ \ ` Standby Powe Yes No NA NE |oautomatically, activated standby power available? 0 0 [][1 \` \ Is the generator tested byinterrupting primary power source? 0 0 0 0 \ |othe generator tested under load? ' [l [] [] 00 Was generator tested & operationalduringthe inspection? [] NN [] [] Do the generator(s) have adequate capacity to operate the entire wastewater site? NN [] [] [] Is there an emergency agreement with a fuel vendor for extended run on back-up power? �� [] [] [] Is the generator fuel level monitored?[1 �N 0 0 Comment: The generator is located at the main building and operates automatically every week for 3U nn|nVteS at otin0g. ` ` Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION Mr. Wendell T. Howard HRS Land Development LLC Suite G 204 Charlotte Highway Asheville, North Carolina 28803 May 5, 2008 SUBJECT: Compliance Evaluation Inspection Status: Compliant Ledgestone Subdivision WWTP Permit No: NCO087556 Buncombe County Dear Mr. Howard: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on April 29, 2008. The facility appears to be in compliance with permit NC0087556. The kind assistance of Mrs. Juanita James was appreciated during the inspection. The facility is being well operated and maintained. 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, Ext. 4667. Sincerely, J et Can ell Environmental Specialist Enclosure cc: DWQ-SWP Asheville Files DWQ-SWP Central Files James & James Environmental/ ORC w/ attachment G:\WPDATA\DEMWQ\Buncombe\87556 Ledgestone\87556.CE1.08.doc No fhCarohna 'Vaturmlly 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. Washington, D.C. 20460 EPA C OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type inspector Fac Type 1 I NI 2 15I 31 NCO087556 111 121 08/04/29 117 18I CI 191 SI 20I_1- Remarks 211 " 1 I I I I 1 l l l I I I 1 1 l l l l l l 1 l l l l l l l l l l l l l l l l l l Jill l l 16 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --- -------- --------Reserved--------------- 67I 169 701 I 711 I 721 NJ 73I 174 751 I I I I I I( 80 w' Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 11:50 AM 08/04/29 06/01/01 Ledgestone Subdivision WWTP Exit Time/Date Permit Expiration Date NCSR 2800 Fairview NC 28730 12:10 PM 08/04/29 10/12/31 Name(s) of Onsite Representative(s)ff itles(s)/Phone and Fax Number(s) Other Facility Data Juanita Reed James/ORC/828-697-0063/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Wendell T Howard,204 Charlotte Hwy Asheville NC 28803//828-299-8205/ No 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) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ F� Signature of g e t A Reviewer Agency/Office/Phone and Fax Numbers (-Date h `Q EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type (coast.) 3I NCO087556 I11 12I 08/04/29 117 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Juanita James/ ORC assisted in the inspection of this facility. The previous compliance evaluation inspection was conducted on February 20, 2007. A review of the files indicates that the permit expires December 31, 2010. The Annual Performance Report has been filed for the year. The log book was present on -site. The effluent was clear. The lock on the door to the facility needs repair. The facility is well operated and maintained. The Collection System was also inspected and results will be sent separately from the WWTP inspection. Page # 2 Permit: NCO087556 Owner - Facility: Ledgestone Subdivision WNTP ,pection Date: 04/29/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ ❑ n # Are there any special conditions for the permit? n E n n Is access to the plant site restricted to the general public? n ■ n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: The lock on the door to the facility needs repair. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n ❑ n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n Cl n Judge, and other that are applicable? Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ n n n Is all required information readily available, complete and current? ■ ❑ n ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? ■ ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? n ❑ n ■ Is the chain -of -custody complete? n n n ■ Dates, times and location of sampling n Name of individual performing the sampling ❑ Results of analysis and calibration n Dates of analysis n Name of person performing analyses ❑ Transported COCs ❑ Are DMRs complete: do they include all permit parameters? ■ n n n Has the facility submitted its annual compliance report to users and DWQ? ■ n n n (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? ■ ❑ n n Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ n n Is the backup operator certified at one grade less or greater than the facility classification? ■ n n n Is a copy of the current NPDES permit available on site? ■ ❑ ❑ ❑ Page # 3 Permit: NCO087556 Inspection Date: 04/29/2008 Owner - Facility: Ledgestone Subdivision WWfP Inspection Type: Compliance Evaluation Record Keeping Facility has copy of previous year's Annual Report on file for review? Comment: Equalization Basins Is the basin aerated? Is the basin free of bypass lines or structures to the natural environment? Is the basin free of excessive grease? Are all pumps present? Are all pumps operable? Are float controls operable? Are audible and visual alarms operable? # Is basin size/volume adequate? Comment: Aeration Basins Mode of operation Type of aeration system Is the basin free of dead spots? Are surface aerators and mixers operational? Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin's surface? Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/1) Comment: Secondary Clarifier Is the clarifier free of black and odorous wastewater? Is the site free of excessive buildup of solids in center well of circular clarifier? Are weirs level? Is the site free of weir blockage? Is the site free of evidence of short-circuiting? Is scum removal adequate? Yes No NA NE ■ ❑ ❑ ❑ ■nnn ■nnn ■nnn ■nnn ■nnn ■nnn ■nnn ■nnn Yes No NA NE Ext. Air Diffused ■nnn nn■n ■nnn ■nnn ■nnn- nnn■ nnn■ Yes No NA NE ■nnn nn■n ■nnn ■nnn ■nnn ■nnn' Page # 4 Permit: NCO087556 Owner - Facility: Ledgestone Subdivision VVvVFP ,pection Date: 04/29/2008 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the site free of excessive floating sludge? ■ ❑ ❑ ❑ Is the drive unit operational? In n ■ n Is the return rate acceptable (low turbulence)? ■ n ❑ In Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑ Is the sludge blanket level acceptable? (Approximately '/< of the sidewall depth) ❑ ❑ In ■ Comment: 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? ■ ❑ n ❑ Is the contact chamber free of growth, or sludge buildup? ■ ❑ ❑ ❑ Is there chlorine residual prior to de -chlorination? ■ ❑ n ❑ Comment: 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? ❑ ❑ ■ ❑ # Is de -chlorination substance stored away from chlorine containers? ■ n n n Comment: Are the tablets the proper size and type? ■ ❑ n ❑ Are tablet de -chlorinators operational? ■ n ❑ ❑ Number of tubes in use? 3 Comment: Flow Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? ■ n n n Is flow meter calibrated annually? ■ n n ❑ Is the flow meter operational? ■ ❑ ❑ ❑ (If units are separated) Does the chart recorder match the flow meter? ■ ❑ ❑ n Comment: Last calibration was in April 2007 and is due an annual calibration. Page # 5 Permit: NCO087558 Owner Facility: LodgeotonnSubdivision VVVvTp Inspection Date: 04/29/2008 Inspection Type: Compliance Evaluation \ \ ` ` � Standby Powe Yes No NA NE |oautomatically activated standby power available? 0 Cl El Cl |othe generator tested byinterrupting primary power source? 0 Li Fi n |uthe generator tested under load? �� � F1 n Was generator tested & operational during the inspection? [] 0 [] [] Do the generator(s) have adequate capacity to operate the entire wastewater site? 00 [] [] [] |othere onemergency agreement with afuel vendor for extended run onback-up power? 00 [] [] [] |othe generator fuel level monitored? ' 0N [] [] [] Comment: Generator runs automatically 3Uminutes per week. Effluent Pipe Yen w ` NA NE |oright ofway hothe ouMaUproperly maintained? NN [l [l [] Are the receiving water free offoam other than trace amounts and other debris? NN [] [] [] If effluent (diffuser pipes are required) are they operating properly? [] [] N0 [] Michael F. Easley, Governor William G. Ross Jr., Secretary QG North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION May 5, 2008 CERTIFIED l.iAE RETURN RECEIPT REQUESTED 7002 0460 0001 9899 7835 Mr. F M Alanis, LGI Land NC, LLC 19221 IH 45 South Suite 200 Conroe, Texas 77385 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Chocolate Drop Mountain DWQ Tracking Number: NCR000866 NOV-2008-PC-0302 Construction Stormwater Permit—NCGO10000 Stream Standard Violations Polk County Dear Mr. F M Alanis: On April 11, 2008, Linda Wiggs from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection for Chocolate Drop Mountain along Houston Road in Polk County. Another site visit was conducted on April 18, 2008. Ron Dziuk with LGI Land, Paul Petitgout with Environmental Services and Chuck Cranford with DWQ were present. Construction Stormwater Permit NCGO10000, and stream standard violations were noted during the inspections and file review. Significant sediment impacts to three Unnamed Tributaries (UT) of White Oak Creek, a Class "C" stream, were documented constituting permit, and stream standard violations. Also impacted by sediment and turbidity is a downstream pond along these tributaries. As a result of the site inspection and file review, the following violations, detailed below, were noted: Construction Stormwater Permit NCGO10000 a. Approved Plan (Part I..Section A. No. 2) b. Rain Gauge (Part I. Section B. No. 1) -__—_-----____----__---__---__c Rain Gauge Data (Part I. Section B. No. _-l) d. Schedule of Compliance (Part 1. Section C. No. 2) e. Minimum Monitoring and Record Keeping (Part I. Section B. No. 1) - - - -f. Final Limitations and Controls for-Stormwater Discharges (Part L Section A. -- - - No.2) g. Twenty-four Hour Reporting (Part II. Section E. No.3) NorthCarotina Naturally2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 877-623-6748 G:\WPDATA\DEMWQ\POLK\Stormwater Construction NCG01\ChocoDropMtn-NCR000866\nov-2008-pc-0302.doc Chocolate Drop Mountain Page 2 of 5 5/5/08 II Stream Standard Violation Other Waste (In -stream sediment) 15A NCAC 02B .0211 (3)f III Stream Standard Violation — Turbidity Standard 15A NCAC 02B .0211 (3)k PERMIT VIOLATIONS I. Construction Stormwater Permit NCG010000 - A Construction Stormwater Permit (NCG010000) is issued upon the approval of an Erosion and Sedimentation Control Plan for sites greater than one acre. Specifically, the NCG010000 Permit authorizes dischai of stormwater under the National Pollutant Discharge Elimination System (NPDES) in accordance with Title 15 A North Carolina Administrative Code 21-1.0100. a. Approved Plan (Part I. Section A: No. 2.) During the inspection, a copy of the approved Erosion and Sediment Control Plan was not on site and available for review. b. Rain Gauge (Part I. Section B. No. 1.) A rain gauge was not observed on the site at the time of inspection. c. Rain Gauge Data (Part I. Section B. No. 1.) Rain gauge data, measured daily, was not recorded and available for review. Rainfall data was presented at the site visit on April 18, 2008, however this data was obtained from another source and not directly from the site. d. Schedule of Compliance (Part I. Section C. No. 2) Failure to operate and maintain stormwater controls to optimum efficiency, as cited by Division of Land Resources Notice of Violation dated February 4, 2008, represents a violation of NCG010000 Permit. e. Minimum Monitoring and Record Keeping (Part I. Section B. No. 3) Inspection records of erosion &sedimentation control measures and stormwater discharges, collected weekly and after every half -inch or greater rain event, were not recorded and available for review. Recordkeeping of erosion control measure maintenance was presented at the site visit April 18, 2008, however the records were sporadic. f. Final Limitations and Controls for Stormwater Discharges (Part I. Section A. No.2) Failure to follow Erosion Control Plan, as cited in Division of Land Resources Notice of Violation dated February 4, 2008, represents a violation of NCGO10000 Permit. g. Twenty-four Hour Reporting (Part II. Section E. No.3) The lack of notification to DWQ regarding sediment loss represents a violation of NCGO10000 Permit. H. Stream Standard Violation -Other Waste (In -stream sediment) 15A NCAC 02B .0211 (3)f - Greater than 1600 feet of unnamed tributaries to White Oak Creek and the downstream pond were impacted by sediment deposition greater than 6 inches throughout the stream reach, representing a Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f) III. Stream Standard Violation — Turbidity Standard 15A NCAC 02B .0211(3)k-The downstream pond, estimated at approximately 3 acres in size, has sustained turbidity -- --- violations. Preliminary turbidity results-were-80 NTU, follow up -turbidity results were 55 - NTU. ,rop Mountain , QUIRED RESPONSE Page 3 of 5 This Office requests that you respond in writing within 15 days of receipt of this Notice. Your response should be sent to both to the attention of Linda Wiggs, Division of Water Quality, 2090 US HWY 70, Swanannoa, NC 28778 and to the attention of Mr. John Hennessy at the Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit,1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should address the following items: 1. Construction Stormwater Perfiffit a. Please detail the events that resulted in non-compliance with the above -mentioned NCG010000 permit conditions. b. Please explain when you anticipate being in full compliance with the NCGO10000 Permit and your Erosion and Sediment Control Plan. Specifically, when Geotechnical measures will be completed to stabilize slopes. c. Minimum Monitoring and Record Keeping — Please provide copies of all monitoring and record keeping until further notice to Linda Wiggs. Please refer to the Stormwater Inspection For General Permit NCG010000 form provided during the April 18, 2008 site visit. This form is to be filled out for every week and after each 1/2 inch rain event. The following bulleted list provides guidance on how to conduct monitoring and record keeping activities in such a way as to be compliant with the NCG010000 Permit. • Rainfall is to be monitored onsite and recorded daily as noted in the RAINFALL Section of the form. Rainfall data sfiould riot be reported based on a weekly accrual read of the date of the inspection. • Erosion and Sedimentation Control Facilities are to be inspected every week and after each 1/2 inch rain event. It is required to individually list each of the BMPs (e.g. basins, silt fences, etc.) to be inspected, the date and time inspected, the initials of the inspector, whether the device is operating properly, and any corrective actions taken as noted in the EROSION AND SEDIMENTATION CONTROL FACILITES INSPECTED Section of the form. • Stormwater Discharge Outfalls are to be inspected every week and after each 1/2 inch rain event. It is required to individually list each of the outfalls to be inspected, the date and time inspected, the initials of the inspector, clarity, floating and suspended solids, oil sheen, other pollution indicators, visible sediment, and any preventative or corrective actions taken as noted in the OBSERVATIONS OF RUNOFF AT STORMWATER DISCHARGE -- -- QLTTFALLS�ection of the form,-- -- -- --- • The Permittee (Financially Responsible Party as indicated on Erosion and -- - --Sedimentation Control Plan application) is required to sign the inspection - --- form each week, certifying that the report is accurate and complete. The Permittee may authorize a representative to sign these documents (please see Part II Section B (10 b) of the NCGO10000 Permit for proper procedure). Chocolate Drop Mountain Page 4 of 5 5/5/08 d. Finally, you should include in your response an explanation of how you propose to prevent these problems from reoccurring on this project and on future projects. H. Stream Standard - Other Waste (In -Stream Sediment) a. Please explain when construction (excavation, grubbing, and clearing) began at the site. b. Please provide a map that exactly details the jurisdictional waters on the tract. This map should indicate all of the jurisdictional waters on the tract as well as the areas that have been impacted, both on and off site. This information must be clearly depicted on a map that you provide as a part of this response. c. Please submit a Stream/Pond Restoration Plan to this office for review and approval. The Restoration Plan must be submitted to the Division of Water Quality for review and approval prior to implementation. You are encouraged to secure a consultant to assist you with your plan development, and authorization necessary to achieve compliance. It is recommended that your consultant contact Linda Wiggs of the Asheville Regional Office for additional guidance during restoration plan development. The Restoration Plan should include the following: • A diagram of the stream channel, referenced with photo documentation of sediment impacts. _-Stream/Pond-Restoration Plan (se-diment_impact_s) - Sediment impacts to the pond and streams onsite and downstream of the site must be removed. As a part of this plan, you should provide 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. The Restoration Plan must address removal of the accumulated sediment and the plans to restore the impacted channels of unnamed tributaries to White Oak Creek. A narrative explaining how sediment will be removed and how impacted jurisdictional waters will be restored. Stream Restoration Plan - The streambed must be restored, and the stream banks must be stabilized. Please explain how you plan to restore the impacted stream channels. Also include a five-year monitoring plan for restored waterways. A narrative explaining how sediment will be retained on the site and kept out of waterways, and how restoration activities will be conducted such that turbid water is not released. • A proposed schedule with dates that indicate when you expect to begin and -- - completethe-removal--of-sediment and -restoration-effort—- - -- • It is required that you contact the United States Army Corps of Engineers to determine if a 404 Permit is necessary for these restoration activities. - xop Mountain Page 5 of 5 d. Once the Restoration Plan has been implemented and is complete, a final report I ocumenting restoration of the stream should be submitted to Linda Wiggs. III. Stream Standard Violation — Turbidity Standard a. Provide a turbidity removal plan to restore downstream pond to stream standards for turbidity. This plan should include the same information as mentioned above in item II to be considered complete. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above -mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Linda Wiggs or myself at (828) 296-4500. Sincerely, Roger C. Edwards . Surface Water Protection Section cc: John Hennessy — NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Division of --- Army Corp of Engineers Polk County Planning Environmental Services, Inca Paul Petitigout 9401-C Southern Pines Blvd Charlotte NC 28273 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION May 5, 2008 Mr. Aaron Hamlin Wedgefield Acres Mobile Home Park 558 Pond Road Asheville, North Carolina 28806 SUBJECT: Compliance Evaluation Inspection Status: Compliant Wedgefield Acres MHP WWTP Permit No: NCO062634 Buncombe County Dear Mr. Hamlin: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on April 29, 2008. The facility appeared to be in compliance with permit NC0062634. The kind assistance of Mrs. Juanita James during the inspection was appreciated. The facility is being well operated and maintained. 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, Ext. 4667. Sincerely, anet Can Environmental Specialist Enclosure cc: DWQ-SWP Asheville Files DWQ-SWP Central Files James & James Environmental/ ORC wl attachment G:\WPDATA\DEMWQ\Buncombe\62634 Wedgefield Acres MHP162634.CEI.08.doc NorthCarolina Naturally 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 I United States Environmental Protection Agency Form Approved. EP n Washington, D.C. 20460 H OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO062634 111 121 08/04/29 117 18l CI 191sl 20I-I Remarks 211IIIIIIIII111111 lllllllIIIII IIIIIIII 11111III1 1 j6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --- --------- -------- Reserved —----- -------------- 67l 169 701 l 711 1 721 NJ 73 LU 74 751 l I l l l l l 80 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 04:20 PM 08/04/29 05/12/01 Wedgefield Acres MHP WWTP Exit Time/Date Permit Expiration Date 45 Wedgefield P1 Asheville NC 28806 04.45 PM 08/04/29 10/10/31 Name(s) of Onsite Representative(s)[Titles(s)/Phone and Fax Number(s) Other Facility Data Juanita Reed James/ORC/828-697-0063/ Name, Address of Responsible OfficialfTitle/Phone and Fax Number Contacted Aaron Hamlin,558 Pond Rd Asheville NC 28806//828-667-4560/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ® operations & Maintenance ■ 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 Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ Signature of Managemen A v' r Agency/Office/Phone and Fax Numbers Date pp S'-Q-0O EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type (cont. } `, 3I NCO062634 I11 121 08/04/29 117 18N Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Mrs. Juanita James/ ORC assisted in the inspection of this facility. The previous compliance evaluation inspection was conducted on June 13, 2007. A review of the files indicates that the permit expires October 31, 2010. The Annual Performance Report has been filed for the year. The inside perimeter of the fence needs trimming. The water faucet was leaking and needs repair. The log book was present on -site. The effluent was clear. The Collection System was also inspected and results will be sent separately from the inspection for the VVVVTP. Page # 2 Permit: NCO062634 Owner - Facility: Wedgefield Acres MHP WWTP .spection Date: 04/29/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n Is the facility as described in the permit? ■ n n n # Are there any special conditions for the permit? n M n n Is access to the plant site restricted to the general public? ■ ❑ n n Is the inspector granted access to all areas for inspection? ■ ❑ n n Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n Judge, and other that are applicable? Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ n n ❑ Is all required information readily available, complete and current? ■ n n n Are all records maintained for 3 years (lab. reg. required 5 years)? ■ n ❑ ❑ Are analytical results consistent with data reported on DMRs? n n n ■ Is the chain -of -custody complete? n n n ■ Dates, times and location of sampling n Name of individual performing the sampling n Results of analysis and calibration n Dates of analysis n Name of person performing analyses n Transported COCs n Are DMRs complete: do they include all permit parameters? ■ n ❑ n Has the facility submitted its annual compliance report to users and DWQ? ■ n n n (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? n n ■ n Is the ORC visitation log available and current? ■ n n n Is the ORC certified at grade equal to or higher than the facility classification? ■ n n n Is the backup operator certified at one grade less or greater than the facility classification? ■ n Is a copy of the current NPDES permit available on site? ■ ❑ ❑ n Page # 3 Permit: NCO062634 Owner - Facility: Wedgefield Acres MHP WWTP Inspection Date: 04/29/2008 Inspection Type: Compliance Evaluation Record Keeping Facility has copy of previous year's Annual Report on file for review? Comment: Equalization Basins Is the basin aerated? Is the basin free of bypass lines or structures to the natural environment? Is the basin free of excessive grease? Are all pumps present? Are all pumps operable? ' Are float controls operable? Are audible and visual alarms operable? # Is basin size/volume adequate? Comment:. NE NA ■nn0 Yes No NA NE ■nnn ■nnn ■nnn ■nnn ■nnn mnnn ■nnn ■nnn Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ n In In Are surface aerators and mixers operational? n n ■ Q Are the diffusers operational? ■ n n n Is the foam the proper color for the treatment process? ■ ❑ n Q Does the foam cover less than 25% of the basin's surface? ■ o n ❑ Is the DO level acceptable? n ❑ n ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ n n ■ Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ In n Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n Are weirs level? ■ n Is the site free of weir blockage? ■ Is the site free of evidence of short-circuiting? ■ Is scum removal adequate? ■ n o o Page # 4 Permit: NC0062634 Owner - Facility: Wedgefield Acres MHP WWTP pection Date: 04/29/2008 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the site free of excessive floating sludge? ■ n ❑ Is the drive unit operational? n n ■ n Is the return rate acceptable (low turbulence)? wo n n Is the overflow clear of excessive solids/pin floc? ■ o n n Is the sludge blanket level acceptable? (Approximately % of the sidewall depth) ❑ n n ■ Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n n Are the tablets the proper size and type? ® n n n Number of tubes in use? 2 Is the level of chlorine residual acceptable? ■ n n ❑ Is the contact chamber free of growth, or sludge buildup? ® n n n Is there chlorine residual prior to de -chlorination? ■ ❑ n ❑ Comment: De -chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? n n ■ Is storage appropriate for cylinders? nn■o # Is de -chlorination substance stored away from chlorine containers? ■ n n n Comment: Are the tablets the proper size and type? ■ n n n Are tablet de -chlorinators operational? ■ n n n Number of tubes in use? Comment: Page # 5 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION May 5, 2008 Mr. Wittner Wright Havon Inc. P.O. Box 1180 Candler, North Carolina 28715 SUBJECT: Compliance Evaluation Inspection Status: Compliant Pleasant Cove Home WWTP Permit No: NCO075388 Buncombe County Dear Mr. Wright: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on April 29, 2008. The facility appeared to be in compliance with permit NC0075388. The kind assistance of Mrs. Juanita James during the inspection was appreciated. The facility is being well operated and maintained. 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, Ext. 4667. Sincerely, '�'Zet Can Environmental Specialist Enclosure cc: DWQ-SWP Asheville Files DWQ-SWP Central Files James & James Environmental/ ORC w/ attachment G:\WPDATA\DEMWQ\Buncombe\75388 Pleasant Cove-Canterbury\75388.CE1.08.doc No!r Karolina Naturally 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 14 United States Environmental Protection Agency Form Approved. Washington, D.C. 20460 EPA OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 151 31 NCO075388 ill 121 08/04/29 117 181 CI 191 sI 20I 1I Remarks 211111 111111111111 1111 1111 111111111111 111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA —------------- --------- Reserved------------------ 671 169 701 1 711 1 72 I N I 73' L ' 174 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 02:50 PM 08/04/29 05/12/01 Pleasant Cove Home WWTP Exit Time/Date Permit Expiration Date NCSR 1220 At NCSR 1221 Candler NC 28715 03:40 PM 08/04/29 10/10/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Juanita Reed James/ORC/828-697-0063/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Wittner Wright,PO Box 1180 Candler NC 28715//828-670-8893/828670889 0 Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ® 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) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ Signature of Ma a t Q eviewer Agency/Office/Phone and Fax Numbers ttDa2=te Q J ''�-(D v If EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO075388 I11 12I 08/04/29 117 18Ic' Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Juanita James/ ORC assisted in the inspection of this facility. The previous compliance evaluation inspection was conducted on February 20, 2007. A review of the files indicates that the permit expires October 31, 2010. The Annual Performance Report has been filed for the year. Vegetation around the perimeter of the plant needs maintenance. The log book was present on -site. The effluent was clear. The Collection System was also inspected and will be sent separately from the inspection for the VVVVTP. Page # 2 Permit: NCO075388 Owner - Facility: Pleasant Cove Home VWVFP .pection Date: 04/29/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n Is the facility as described in the permit? ■ n n n # Are there any special conditions for the permit? n n n Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n ❑ n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n Judge, and other that are applicable? Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ n n n Is all required information readily available, complete and current? ® n n n Are all records maintained for 3 years (lab. reg. required 5 years)? ■ n ❑ n Are analytical results consistent with data reported on DMRs? n n n ■ Is the chain -of -custody complete? n n In ■ Dates, times and location of sampling n Name of individual performing the sampling In Results of analysis and calibration n Dates of analysis n Name of person performing analyses n Transported COCs n Are DMRs complete: do they include all permit parameters? ■ n n In Has the facility submitted its annual compliance report to users and DWQ? ■ n n n (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? n n ■ n Is the ORC visitation log available and current? ■ n n n Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ In n Is the backup operator certified at one grade less or greater than the facility classification? ■ n Is a copy of the current NPDES permit available on site? ®❑ n n Page # 3 Permit: NCO075388 Inspection Date: 04/29/2008 Record Keeping Facility has copy of previous year's Annual Report on file for review? Comment: Aeration Basins Owner - Facility: Pleasant Cove Home VW TP Inspection Type: Compliance Evaluation. Mode of operation Type of aeration system Is the basin free of dead spots? Are surface aerators and mixers operational? Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin's surface? Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/1) Comment: Secondary Clarifier Is the clarifier free of black and odorous wastewater? Is the site free of excessive buildup of solids in center well of circular clarifier? Are weirs level? Is the site free of weir blockage? Is the site free of evidence of short-circuiting? Is scum removal adequate? Is the site free of excessive floating sludge? Is 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 % of the sidewall depth) Comment: Disinfection -Tablet Are tablet chlorinators operational? Are the tablets the proper size and type? Number of tubes in use? Yes No NA NE ■ ❑ ❑ ❑ Yes No NA NE Ext. Air Diffused ■nnn nn■0 ■nnn ■nnn ■nnn n n n ■ nnn■ Yes No NA NE ■nnn nn■n ■nnn ■nnn ■nnn_ ■nnn ■nnn nn■n ■nnn ■nnn ❑❑❑■ Yes No NA NE ■nnn ■nnn 4 Page # 4 Permit: NC0075388 Owner - Facility: Pleasant Cove Home WVVrP ,spection Date: 04/29/2008 Inspection Type: Compliance Evaluation Disinfection -Tablet Yes No NA NE Is the level of chlorine residual acceptable? ® n ❑ n Is the contact chamber free of growth, or sludge buildup? ® n n n Is there chlorine residual prior to de -chlorination? n n n Comment: De -chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? n n ® n Is storage appropriate for cylinders? n n ■ # Is de -chlorination substance stored away from chlorine containers? ®n n n Comment: Are the tablets the proper size and type? ®❑ ❑ n Are tablet de -chlorinators operational? ® n n n Number of tubes in use? Comment: Pump Station - Effluent Yes No NA NE Is the pump wet well free of bypass lines or structures? ®n n n Are all pumps present? ® o n n Are all pumps operable? ® n n n Are float controls operable? ®n n n Is SCADA telemetry available and operational? nn®n Is audible and visual alarm available and operational? ® n n n Comment: The pump station is checked weekly by raising float. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? n n ® n Are the receiving water free of foam other than trace amounts and other debris? ® n n n If effluent (diffuser pipes are required) are they operating properly? n n ® n Comment: The effluent pipe is located at the corner of Dogwood Road and Robinson Cove Road. Page # 5 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality May 5, 2008 Yancey County DWQ Project No. 041423V.2 NCSR 1111 (Ray Farm Road) APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. J. J. Swain, Jr., P.E. Division Engineer N C Department of Transportation Post Office Box 3279 Asheville, North Carolina 28802 Dear Mr. Swain: You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in an unnamed tributary to the Cane River, for the purpose of making improvements to NCSR 1111 (Ray Farm Road) in Madison County: Stream Impacts in the French Broad River Basin Site Permanent Temporary Fill in Permanent Fill in Temporary Total Stream Stream Fill in Intermittent Stream Perennial Stream Dewatering in Impact Impacts Intermittent (linear ft) (linear ft) Perennial Stream (linear ft) Requiring Stream (linear (linear ft) Mitigation ft) linear ft) Sited Sta. 0 0 15 50 65 0 21+45 Total 0 0 15 50 65 1 0 Total Stream Permanent Impact for Project: 15 linear feet. Temporary Impact for Project: 50 linear feet. The project should be constructed in accordance with your application dated April 21, 2008 (received April 24, 2008), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3704, corresponding to the U.S. Army Corps of Engineers Nationwide Pen -nit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non - Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. There shall be no excavation from or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. NArthCarolina Natmally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 2964500 Customer Service Internet: www.ncwaterquality.org FAX (828) 299-7043 1-877-623-6748 An Equal OpportunitylAffirmative Action Employer Mr. J. J. Swain, Jr., P.E. May 5, 2008 Page Two 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. 3. NCDOT shall use /Design Standards in Sensitive Watersheds/ [15ANCAC 413.0124 (a)-(e)] for the entire project. However, due to the size of the project, NCDOT shall not be required to meet 15A NCAC 4I3.0124(a) regarding the maximum amount of uncovered acres. Temporary cover (wheat, millet or similar annual grain) or permanent herbaceous cover shall be planted on all bare soil within 15 working days of ground disturbing activities. Erosion control mating shall be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas. Steep slopes are defined as those slopes graded at an angle, which cannot retain vegetative cover. Matting shall be secured in place with staples or wherever possible. Matting should be secured in place with staples or wherever possible, live stakes of native trees. Straw mulch and tall fescue shall not be used in riparian areas. 4. If multiple pipes or barrels are required, they shall be designed to mimic the natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream shall be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 5.. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High Quality Waters (HQW) or Water Supply I or II (WS-I, WS-II), stormwater shall be directed to vegetated buffer areas, grass -lined ditches or other means appropriate to the site for the purpose of pre -treating stormwater runoff prior to discharging directly into streams. Mowing of existing vegetated buffer areas is strongly discouraged. 6. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 7. In -stream work and land disturbance within the 25-foot buffer zone are prohibited during the trout -spawning season of October 15 through April 15 to protect the egg and fry stages of trout from off -site sedimentation during construction of the roadway. 8. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 9. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 10. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 11. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 12. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 14. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 15. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on -site project manager. 16. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 17. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 18. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. gain, Jr., P.E. 2008 f hree 19. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 20. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, a l Coleen H. Sullins, Director Division of Water Quality cc: Roger Bryan, Division 13, DEO Ed Ingle, Roadside Environmental David Baker, USACE, Asheville Field Office Transportation Permitting Unit Mike Parker, Asheville Regional Office 041423V.2 (Swain) NCSR 1111 Ray Farm Road Michael F. Easley, Governor QWilliam G. Ross Jr., Secretary �i North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION May 5, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7002 0460 0001 9899 7842 Mr. Chris Cole Mr. Jay Cochran Tryon Investment Properties, LLC 5400 Riverside Drive Suite 203 Macon, Ga. 31210 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Sanctuary at Tryon DWQ Tracking Number: NCR000897 NOV-2008-PC-0319 Construction Stormwater Permit—NCG010000 Stream Standard Violation - Other Waste (In -stream sediment) Polk County Dear Sirs: On April 18, 2008, Linda Wiggs from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection for Sanctuary at Tryon along Hwy 108 in Polk County. DWQ checked in with the staff at the cabin, but no site representative was present during the inspection. Follow up phone conversation on April 30, 2008 with Dave Odom with Odom and Associates took place. Construction Stormwater Permit NCGO10000, and stream standard violations were noted during the inspection and file review. Sediment impacts to Unnamed Tributary (UT) to Skyuka Creek, classification "C", were documented constituting permit, certification and stream standard violations. Sediment impacts greater than 6 inches to approximately 1000 feet of stream were documented. As a result of the site inspection and file review, the following violations, detailed below, were noted: I Construction Stormwater Permit NCG010000 a. Approved Plan (Part I. Section A. No. 2) b. Rain Gauge (Part 1. Section B. No. 1) c. Rain Gauge Data (Part 1. Section B. No. 1) d. Schedule of Compliance (Part I. Section C. No. 2) e. Minimum Monitoring and Record Keeping (Part 1. Section B. No. 1) NorthCarolina Naturally 2090 U.S. Highway 70, Swannanoa, NC 28778 +Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 877-623-6748 G:\WPDATA\DEMWQ\POLK\StormwaterConstruction NCG01\SanctuaryTryonNCR000897\nov-2008-pc-0319.doc Sanctuary at Tryon Page 2 of 4 5/6/08 f. Final Limitations and Controls for Stormwater Discharges (Part I. Section A. No.2) g. Twenty-four Hour Reporting (Part 11. Section E. No. 3) II Stream Standard Violation - Other Waste (In -stream sediment) 15A NCAC 02B .0211 (3)f PERMIT VIOLATIONS I. Construction Stormwater Permit NCGO10000 A Construction Stormwater Permit (NCG010000) is issued upon the approval of an Erosion and Sedimentation Control Plan for sites greater than one acre. Specifically, the NCGO10000 Permit authorizes discharge of stormwater under the National Pollutant Discharge Elimination System (NPDES) in accordance with Title 15 A North Carolina Administrative Code 2H.0100. a. Approved Plan (Part I. Section A: No. 2.) During the inspection, a copy of the approved Erosion and Sediment Control Plan was not on site and available for review. However, a site representative was not available during the inspection. b. Rain Gauge (Part I. Section B. No.1.) A rain gauge was not observed on the site at the time of inspection. c. Rain Gauge Data (Part I. Section B. No.1.) Rain gauge data, measured daily, was not recorded and available for review. d. Schedule of Compliance (Part I. Section C. No. 2) Failure to operate and maintain stormwater controls to optimum efficiency, as cited by Division of Land Resources Notice of Violation dated August 24, 2007, represents a violation of NCGO10000 Permit. e. Minimum Monitoring and Record Keeping (Part I. Section B. No. 3) Inspection records of erosion & sedimentation control measures and stormwater discharges, collected weekly and after every half -inch or greater rain event, were not recorded and available for review. f. Final Limitations and Controls for Stormwater Discharges (Part I. Section A. No.2) Failure to follow Erosion Control Plan, as cited in Division of Land Resources Notice of Violation dated August 24, 2007, represents a violation of NCGO10000 Permit. g. Twenty-four Hour Reporting (Part H. Section E. No.3) The lack of notification to DWQ regarding sediment loss represents a violation of NCGO10000 Permit. H. Stream Standard Violation -Other Waste (In -stream sediment) 15A NCAC 02B .0211 (3)f - Greater than 1000 feet of an Unnamed Tributary (UT) to Skyuka Creek, classification "C", was impacted by sediment deposition greater than 6 inches throughout the stream . reach, representing a Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f) REQUIRED RESPONSE This Office requests that you respond in writing within 15 days of receipt of this Notice. Your response should be sent to both to the attention of Linda Wiggs, Division of Water Quality, 2090 US HWY 70, Swanannoa, NC 28778 and to the attention of Mr. John Hennessy at the Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should address the following items: , Tryon Page 3 of 4 Construction Stormwater Permit NCG010000 a. Please detail the events that resulted in non-compliance with the above -mentioned NCG010000 permit conditions. b. Please explain when you anticipate being in full compliance with the NCGO10000 Permit and your Erosion and Sediment Control Plan. c. Please provide information detailing your compliance with the minimum monitoring and reporting requirements as requested above for each phase of the project. This information must include monitoring records through to the date of your written response to this letter. Specifically, it is requested that DWQ be provided a copy of all rain gauge data and weekly inspection/monitoring reports related to your inspections of the approved sedimentation and erosion control facilities and stormwater outfalls. Copies of all corresponding inspections subsequent to rain events greater than 0.5 inches are requested as well. Failure to provide this information will constitute violations of the subject NCGO10000 Permit. d. You should include in your response an explanation of how you propose to prevent these problems from reoccurring on this project and on future projects. e. Minimum Monitoring and Record Keeping — Please provide copies of all monitoring and record keeping until further notice to Linda Wiggs. The following bulleted list provides guidance on how to conduct monitoring and record keeping activities in such a way as to be compliant with the NCGO10000 Permit. Rainfall is to be monitored and recorded daily as noted in the RAINFALL Section of the form. Rainfall data should not be reported based on a weekly accrual read of the date of the inspection. Erosion and Sedimentation Control Facilities are to be inspected every week and after each V2 inch rain event. It is required to individually list each of the BMPs (e.g. basins, silt fences, etc.) to be inspected, the date and time inspected, the initials of the inspector, whether the device is operating properly, and any corrective actions taken as noted in the EROSION AND SEDIMENTATION CONTROL FACILITES INSPECTED Section of the form. Stormwater Discharge Outfalls are to be inspected every week and after each V2 inch rain event. It is required to individually list each of the outfalls to be inspected, the date and time inspected, the initials of the inspector, clarity, floating and suspended solids, oil sheen, other pollution indicators, visible sediment, and any preventative or corrective actions taken as noted in the OBSERVATIONS OF RUNOFF AT STORMWATER DISCHARGE OUTFALLS Section of the form. f. The Permittee (Financially Responsible Party as indicated on Erosion and Sedimentation Control Plan application) is required to sign the inspection form each week, certifying that the report is accurate and complete. The Permittee may authorize a representative to sign these documents (please see Part II Section B (10 b) of the NCGO10000 Permit for proper procedure). Sanctuary at Tryon Page 4 of 4 5/6/08 II. Stream Standard - Other Waste (In -Stream Sediment) a. Please provide a map that exactly details the jurisdictional waters on the tract. This map should indicate all of the jurisdictional waters on the tract as well as the areas that have been impacted, both on and off site. This information must be clearly depicted on a map that you provide as a part of this response. b. Please submit a Sediment Removal Restoration Plan (Restoration Plan) to this office for review and approval. The Restoration Plan must address removal of the accumulated sediment from UT to Skyuka Creek. The Restoration Plan must be submitted to the Division of Water Quality for review and approval prior to implementation. You are encouraged to secure a consultant to assist you with your plan development, and authorization necessary to achieve compliance. It is recommended that your consultant contact Linda Wiggs of the Asheville Regional Office for additional guidance during restoration plan development. The Restoration Plan should include the following: • A narrative explaining how sediment will be removed and how impacted jurisdictional waters will be restored. • A proposed schedule with dates that indicate when you expect to complete the removal of sediment. • A diagram of the stream channel, referenced with photo documentation of sediment impacts. • A narrative explaining how sediment will be retained on the site and kept out of waterways, and how restoration.activities will be conducted such that turbid water is not released. c. Once the Restoration Plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Linda Wiggs. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above -mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Linda Wiggs or myself at (828) 296-4500. Sincerely, i�'re. &Y-9 Roger C. Edwards Surface Water Protection Section cc: John Hennessy - NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Division of Land Resources-ARO Polk County Planning Michael F. Easley, Governor Q William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION May 6, 2008 Glenn Young K T Feldspar Corporation PO Box 309 Spruce Pine NC 28777 SUBJECT: Compliance Evaluation Inspection K-T Feldspar Corp -Spruce Pine Permit No: NC0000400 Mitchell County Dear Mr. Young: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection, which I conducted at the subject facility on April 23, 2008. The facility was found to be in Compliance with permit NC0000400. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff has any questions, please do not hesitate to call me at 828-296-4500. Sincerely, 9Keithayn s Environmental Senior Specialist Enclosure cc: James Walker Thomas, ORC Central Files Asheville Files CEi042308.doc one NorthCarolina �aturall� 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NC0000400 111 121 08/04/23 117 18I CI 191 SI 201 I Remarks 211IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 CA --------------------------- Reserved ---------------------- 67) 169 70I_I 711 I 72I N I 73I I 174 751 I I( I I Li 80 w Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 01:00 PM 08/04/23 06/10/01 K-T Feldspar Corp -Spruce Pine Exit Time/Date Permit Expiration Date Hwy. 226 North Spruce Pine NC 28777 02:00 PM 08/04/23 11/02/28 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data James Walker Thomas/ORC/828-765-9621/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Glenn Young,PO Box 309 Spruce Pine NC 28777//704-765-9621/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance ■ Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of I spector(s) Agency/Office/Phone and Fax Numbers Date Keith Haynes ARO WQ//828-296-4500/ l Don Price Point Source Branch//828-296-4500/ s�s l 200 Q Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards qw' ARO WQ//828-296-4500/ 5 16 le �3- EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 1 NC0000400 I11 12I 08/04/23 1 17 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The wastewater treatment system appeared to be working properly and was adequately maintained. No visible problems were noted at the outfall nor with the receiving stream. Page # 2 Permit: NC0000400 Owner - Facility: K-T Feldspar Corp -Spruce Pine Inspection Date: 04/23/2008 Inspection Type: Compliance Evaluation Permit Yes No NA Nt (if the present permit expires in 6 months or less). Has the permittee submitted a new application? Cl n ■ 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? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ F1 n • n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge 11 Cl ■ n Judge, and other that are applicable? Comment: The lower pond had just been cleaned to remove excessive solids. Flow Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? ■ o =n n Is flow meter calibrated annually? ■ rl n n Is the flow meter operational? p ■ o n •n � J (If units; are separated) Does the chart recorder match the flow meter. ■ ❑, fl ❑ Comment: The meter is routinely Calibrated by a contractor. Effluent Pipe _ Yes No: NA NE Is right of way to the ouffall properly maintained? ■ JET n Are the receiving water free of foam other than trace amounts and other debris? ■ Ci n. n If effluent (diffuser pipes are required) are they operating properly? ■ f=1`. 1­1 n Comment: There was no evidence of excessive solids in the receiving stream. Page # 3 Jt \N A Fjy Michael F. Easley, Governor William G. Ross Jr., Secretary DM North Carolina Department of Environment and Natural Resources .i [� Coleen H. Sullins, Director Division of Water Quality April7, 2008 Mr. Phillip Pittman Coats American Post Office Box 368 Marion, North Carolina 28752 Subject: Compliance Evaluation Inspection Wastewater Treatment Plant Coats American -Sevier Plant Permit Number NC0004243 McDowell County Dear Mr. Pittman: On April 5; 2008 1 conducted a Compliance Evaluation Inspection at the wastewater- treatmentl plant serving the Coats American -Sevier Plant in McDowell County. I came away impressed with the operations and maintenance of the plant. Please extend by appreciation to Hillie Shook for single handedly taking excellent care of the wastewater treatment plant grounds. I appreciate your time on the 5t 1 Should you need to discuss matters relating to wastewater treatment at the Sevier Plant please do not hesitate to call me at (828)296 4659. Sincerely, Roy M. Davis Environmental Engineer Xc: PERCS Surface Water Protection Section Central Files GAWPDATA\DEMWQ\Mcdowell\Coats 04243\Inspection Cover Letter.08.doc NorihCarolina Natura!!rl North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 1 Customer Service Internet: www..ncwaterquality.org FAX (828) 299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycledl10% Post Consumer Paper Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources. p- pp Coleen H. Sullins, Director l Division of Water Quality .. ga�� Asheville Regional Office SURFACE WATER PROTECTION May 8, 2008 Mr. Jeff Morse, Town Manager Town of Valdese Post Office Box 339 Valdese, North Carolina 28690 Subject: Town of Valdese Compliance Evaluation Inspection Permit No. WQCS00032 Wastewater Collection. System Burke County Dear Mr. Morse: Attached is the report resulting from the. Town of Valdese's Collection System Permit Compliance Evaluation Inspection that I conducted on May 7, 2008. I came away well pleased with.the job the Town of Valdese is doing in operating its wastewater collection_ system and maintaining records in support of operational activities. The Town of Valdese is making good progress in preparation of a collection system map. I encourage the Town to continue to fund the local. COG's involvement in this activity. This is still a works -in -progress. I will mention that a compliant collection system map shows gravity line flow direction and identifies pump stations and shows their capacities. I was pleased to hear that the Town has included funds for a sewer jetter, closed circuit television camera, and a GPS unit in the draft 2008-2009 budget. The Town still has some collection system right-of-way in need of clearing. I understand that funds to contract this work likewise appears in the 2008-2009 draft budget. suggest that the Town equip the Cline Street pump station with a quick connect. This would reduce time to restore the station to full operation, should it ever be necessary to drive the station with a portable generator. Additionally, I would like to see the pump station inspection logs modified to show the "exercising of valves". 2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 NonrthCarolina i��nis i,+n��fi Please convey my appreciation to staff members involved in the maintenance and operation of the Town's wastewater collection system. I thank you in advance for your attention to these matters. Anytime you need to discuss issues relating to the Town's collection system please do not hesitate to call me at 828-296-4659. Sincerely, w� Roy M. avis Environmental Engineer cc: Bryan Duckworth, Town of Valdese Greg Padgett, Town of Valdese PERCS Files Surface Water Protection Section Central Files GAWPDATA\DEM MBurke\Valdese Collection System\Valdese Inspection Cover Letter.08.doc Compliance Inspection Report ;rmit: WQCS00032 Effective: 01/08/07 Expiration: 12/31/11 Owner: Town of Valdese SOC: Effective: Expiration: Facility: Valdese Collection System County: Burke PO Box 339 Region: Asheville Valdese NC 28690 Contact Person: Jeffery V Morse Title: Phone: 828-879-2116 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): Related Permits: NCO041696 Town of Valdese - Lake Rhodiss WWTP Inspection Date: 05/07/2008 Entry Time: 09:00 AM Exit Time: 11:00 AM Primary Inspector: Roy M Davis �(�(\� Phone: 828-29674500 Secondary Inspector(s): Ext.4659 Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Collection system management and operation Facility Status: ■ Compliant Q Not Compliant Question Areas: Miscellaneous Questions ® Performance Standards Operation & Maint Reqmts Records Monitoring & Rpting ® Inspections Pump Station N Manhole' Regmts ■ Lines (See attachment summary) Page: 1 Permit: WQCS00032 Owner - Facility: Town of Valdese Inspection Date: 05/07/2008 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: The Town of Valdese is doing a good job of operating and maintaining its collection system. I am pleased to hear that the draft 08-09 budget has money for a Jetter, closed circuit television camera, and GIPS Unit. I would recommend that the Cline Street pump station be equipped with a quick connect in the event that it becomes necessary to drive the station with a portable generator. I am please with the progress being made with preperation of a collection system map. I encourage the Town to continue funding this undertaking. Likewise the Town needs to fund, in the upcoming fiscal year, the remaining right-of-way clearing needed to allow access to the entire collection system right-of-way. Page: 2 Permit: WQCS00032 Owner - Facility: Town of Valdese ,nspection Date: 05/07/2008 Inspection Type: Compliance Evaluation Reason for Visit: Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? ■ n ❑ n What educational tools are used? The giving out of "Fat Trappers brocures at Town Hall. Is Sewer Use Ordinance/Legal Authority available? Does it appear that the Sewer Use Ordinance is enforced? Is Grease Trap Ordinance available? Is Septic Tank Ordinance available (as applicable, i.e. annexation) List enforcement actions by permittee, if any, in the last 12 months None' Has an acceptable Capital Improvement Plan (CIP) been implemented? Does CIP address short term needs and long term \"master plan\" concepts? Does CIP cover three to five year period? Does CIP include Goal Statement? Does CIP include description of project area? Does CIP include description of existing facilities? Does CIP include known deficiencies? Does CIP include forecasted future needs? Is CIP designated only for wastewater collection and treatment? Approximate capital improvement budget for collection system? Total annual revenue for wastewater collection and treatment? CIP Comments Is system free of known points of bypass? If no, describe type of bypass and location NA Is a 24-hour notification sign posted at ALL pump stations? # Does the sign include: Instructions for notification? Pump station identifier? 24-hour contact numbers If no, list deficient pump stations Excel►ent emergency notification signs. ■nnn ■ n n n ■nnn nnn■ ■nnn n n n ■nnn ■.o n:n -■onn - ■nn,n, ■nnn ■nn.n. $53,500.00 $1,206,879:00 ■nnn ■nnn Page: 3 Permit: WQCS00032 Owner - Facility: Town of Valdese Inspection Date: 05/07/2008 Inspection Type: Compliance Evaluation # Do ALL pump stations have an "auto polling" feature/SCADA? Number of pump stations Number of pump stations that have SCADA Number of pump stations that have simple telemetry Number of pump stations that have only audible and visual alarms Number of pump stations that do not meet permit requirements # Does the permittee have a root control program? # If yes, date implemented? Describe: NA Comment: The Town of Valdese operates two pump stations belonging to Burke County. The Town is constructing a new station to serve The Settings. Inspections 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/telemetryequipped 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 visualinspections of high -priority lines in last six months? Comment: Operation & Maintenance Requirements Are all log books available? Does.supervisor review all log books on a regular basis? Does the supervisor have plans to address documented short-term problem areas? What is the schedule for reviewing inspection, maintenance, & operations logs and problem areas? As needed. Are maintenance records for equipment available? Is a schedule maintained for testing emergency/standby equipment? What is the schedule for testing emergency/standby equipment? Reason for Visit: Routine n■nn 3 0 3 0 0 n■nn Yes . No NA NE ■n,nn ■ n:,-n n n. n, ■ n ■nnn ■nnn ■n-nn ■ - n. n rl ■nnn ■nnn ■ n n n ■000 ■nnn ■nnn l Page: 4 Permit: WQCS00032 Owner - Facility: Town of Valdese .nspection Date: 05/07/2008 Inspection Type: Compliance Evaluation Do pump station logs include: Inside and outside cleaning and debris removal? Inspecting and exercising all valves? Inspecting and lubricating pumps and other equipment? Inspecting alarms, telemetry and auxiliary equipment? Is there at least one spare pump for each pump station w/o pump reliability? Are maintenance records for right-of-ways available? Reason for Visit: Routine Are right-of-ways currently accessible in the event of an emergency? Are system cleaning records available? Has at least 10% of system been cleaned annually? What areas are scheduled for cleaning in the next 12 months? Approximately 15% of the system right-of-way is scheduled to be cleared by a contractor this fiscal year. Is a Spill Response.Action.Plan available? Does the plan include: 24=hour contact numbers Response time Equipment list and spare parts inventory Access to cleaning equipment Access to construction crews, contractors, and/or engineers Source of emergency funds Site sanitation and cleanup materials Post-overflow/spill assessment Is a Spill Response Action Plan available for all personnel? Is the spare parts inventory adequate? Comment: Records Are adequate records of all SSOs, spills and complaints available? Are records of SSOs that are under the reportable threshold available? Do spill records indicate repeated overflows (2 or more in 12 months) at same location? If yes, is there a corrective action plan? Is a map of the system available? ■ n n n n■nn nn■n ■ n n n nn■n ■innn n■nn ■nnn ■nnn ■ann ■. 1=1 n n ■nn_.n ■ n,n no ■nnn ■,.nnn n n n ■ ■nnp, ■nnn ■ n n n ■nnn Page: 5 Permit: WQCS00032 Owner - Facility: Town of Valdese Inspection Date: 05/07/2008 Inspection Type: Compliance Evaluation Reason for Visit: Routine Does the map include: Pipe sizes ■ n n n Pipe materials ■ n n n Pipe location ® n Q n Flow direction n ■ n n Approximate pipe age ■ n fl n Number of service taps ■ n n Cl Pump stations and capacity n ■ n n If no, what percent is complete? 75 List any modifications and extensions that need to be added to the map Map is being funded by the Town of Valdese and is being prepared by the local COG. # Does the permittee have a copy of their permit? ■ n F1 n Comment: Monitoring and Reporting Requirements -:Yes- No _NA NE Are copies of required press releases and distribution lists available? n ❑ ■ n Are public notices and proof of publication available? n: ❑ ■ . ❑. # Is an annual report being prepared in accordance with G.S. 143-215.1 C? ■ 0 C11 [1 # Is permittee compliant with all compliance schedules in the permits? n ■ • n , If no, which one(s)? , - NA Comment: CLINE STREET - Cline Street Pump Station Yesi No, NA NE Pump station type Duplex Are pump station logs available? ■ n n n Is it accessible in all weather conditions? ■ n ❑ n # Is general housekeeping acceptable? ■ ❑ n n Are all pumps present? ■ n n n Are all pumps operable? ■ n ❑ Q Are wet wells free of excessive debris? ■ n n rl Are upstream manholes free of excessive debris/signs of overflow? ■ ❑ n ❑ Page: 6 Permit: WQCS00032 Owner - Facility: Town of Valdese .nspection Date: 05/07/2008 Inspection Type: Compliance Evaluation Reason for Visit: Routine Are floats/controls for pumps/alarms operable? ■ n n 171 Is "auto polling" feature/SCADA present? n ■ n n Is "auto polling" feature/SCADA operational? n ❑ ■ Q Is simple telemetry present? ■ n n n Is simple telemetry operational? ■ 0 n ❑ Are audio and visual alarms present? ■ n n n Are audio and visual alarms operable? ■ n n n Is the Pump station inspected as required? ■ n n n Are backflow devices in place? ■ ❑ ❑ 0 Are backflow devices operable? ■ In n n Are air relief valves in place? 0 n ■ Are air relief valves operable? �l El ■ Q # Is an emergency generator available? ❑,. ■ n n Can the emergency generator run the pumps? n n ■ n Is the pump station equipped for quick hook-up? n ;■ n ❑ Is the generator operable? n n ■ .Cl # Is fuel in tank and sufficient? ❑ • n ■ fl Is the generatorinspected according to their schedule? n ❑ ■ n Is a 24-hour notification sign posted? ■. (I C) n Does it include: Instructions for notification? ■ In n n Pump station identifier? ■ Cl ❑ n Emergency phone number ■ n n n Is public access limited? ■ fl n n Is pump station free of overflow piping? ■ n In n Is the pump station free of signs of overflow? ■ In n n Are run times comparable for multiple pumps? NE Comment: Recommend that the station be equipped with a generactor quick connector. Page: 7 ©� WA7", Michael F. Easley, Governor William G. Ross Jr., Secretary �, North Carolina Department of Environment and Natural Resources co Coleen H. Sullins, Director 4 < Division of Water Quality Asheville Mr. Lee Smith, Director Water & Sewer Department City of Hendersonville 305 Williams Street Hendersonville, North Carolina 28792 Subject: Permit No. WQ0033010_ City of Hendersonville Salvaggio Property Wastewater Collection System Extension Henderson County Dear Mr. Smith: In accordance with your application received on April 21, 2008, we are forwarding herewith Permit No. WQ0033010 dated May 9, 2008, to the City of Hendersonville for the construction and operation of the subject wastewater collection system extension. This permit shall be;effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as.specified therein. This cover letter shall be considered a part of this permit and is incorporated therein` by reference. Please send Roy Davis a copy of the contractor's notice to proceed" for this project: Please pay particular attention to Permit Condition 3 which requires that the wastewater. collection facilities be properly operated and maintainedin accordance with 15A NCAC 2T :0403or. any individual system -wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T .0200; the Division of Water,Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina -licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as -constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board. Asheville Regional Office 2090 US Highway 70, Swannanoa, NC 28778 DENR Customer Service Center An Equal Opportunity Action Employer Internet www.ncwaterquality.org Telephone (828)296-4500 Fax (828)299-7043 Telephone 1 800 623-7748 50% recycledl10% post -consumer paper City of Hendersonville May 9, 2008 Page 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the City of Hendersonville for the construction and operation of approximately 97 linear feet of 8-inch diameter gravity sewer, a 12 gpm grinder type duplex sewage pumping station with a permanently installed emergency power generator, audible and visual high-water alarms and telemetry and 1,677 linear feet of 1.5 inch diameter force main to serve the Salvaggio Property, a machine shop, and the discharge of 200 gallons per day of additional wastewater into the City of Hendersonville's existing sewerage system, pursuant to the application received on April 21, 2008 and in conformity with 15A NCAC 2T .0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The wastewater collected by this system shall be treated in the City of Hendersonville's Wastewater Treatment Facility (Permit No. NC0025534) prior to being discharged into Mud Creek in the French Broad River Basin. 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. Ifyouneed additional information concerning this matter, please contact Roy Davis..at" (828) `J 296-4500. gint.prply G:\WPDATA\DEMWQ\Henderson\Hendersonville CS\W00033010 Hendersonville-Salvaggio Property.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES CITY OF HENDERSONVILLE SALVAGGIO PROPERTY HENDERSON COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT NUMBER W00033010 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit' shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC, .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as 'applicable; the `. Division's MinimumDesign Criteria for the Fast -Track Permitting of Pump Stations and :Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically. mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes ;described in the application and other supporting data. 3. The wastewater collection facilities shall be properly; maintained' and operated at all times. The Permittee shall maintain compliance with an individual':system-wide collection system permit.forlhe. operation and maintenance of these facilities as required by 15A NCAC 2T .0403. ]f,an .individual permit is not required, the following performance criteria shall be met as provided in; 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge, to land or, surface waters, and any contravention of the, groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 213 .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High -priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 213.0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations . permitted as part of this project shall be received from a North Carolina -licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; .the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final' -certificate of completion. once the entire project has been completed. A copy of the construction record drawings indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings;". and one copy of the supporting design calculations to the Non -Discharge Permitting Unit, 1617,Mail Service Center, Raleigh, NC 27699-1617. 7. - A copy of the construction record drawings. shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained Jn this permit; 15A NCAC 2T:.0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains; adopted June 1, 2000 as applicable; and other supporting ;materials may subject the Permittee to an enforcement action by the Division, in' accordance -with North Carolina General Statutes §143= 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours No W00033010 City of Hendersonville. Salvagoio Prosy, Henderson County. May 9. 2008 or on the next working day, following the occurrence or first knowledge of the e occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300 Persons reporting any of the above. occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part lI of Form CS-SSO (or the mostcurrent Division approved form) can also be completed to show that the SSO was beyond control Permit issued this the 9th day of May, 2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for C een H. Sullins, Director Division'of Water Quality By Authority of the'Environmental Management Commission Permit Number WQ0033010 3 ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: approximately 97 linear feet of 8-inch diameter gravity sewer, a 12 gpm grinder type, duplex sewage pumping station with a permanently installed emergency power generator, audible and visual high-water alarms as well as telemetry and 1,677 linear feet of 1.5 inch diameter force main Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEERS CERTIFICATION ❑ Partial ❑ Final 1 as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the above referenced project for the Permittee hereby state -that, to the best of my "abilities, due care and diligence was used in the observation of the construction"such that the construction was observed to be built within substantial. compliance of this permit; 15A NCAG 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track' Permitting of Pump Stations and Force Mains adopted June;1, 2000 as applicable; and other supporting- materials. North Carolina Professional Engineer's seal, signature, and date: SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office Mr. Mike Simpson, General Manager Linville Land Harbor Post Office Box 160 Linville, North Carolina 28646 Subject: Permit No. WQ0033008 Linville Land Harbor Pump Station Relocation Wastewater Collection System Extension Avery County Dear Mr. Simpson: In accordance with your application received on April 30, 2008 we are forwarding herewith Permit No. WQ0033008, dated May 9, 2008, to Linville Land Harbor for the construction! and.operation of the subject wastewater collection system extension. This permit shall be effective from :thp date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T A403 or any individual system -wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina -licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as -constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143- 215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70, Swannanoa, NC 28778 Telephone (828) 296-4500 Fax (828) 299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50% recycled/10% post -consumer paper NorthCarolina Natmallry Linville Land Harbor May 9, 2008 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 Linville Land Harbor for the construction and operation of a 25—gallon per minute pump station with grinder type duplex pumps, on -site audible and visual high water alarms, a portable generator receptacle and telemetry as well as approximately 749 linear feet of 2-inch force main to serve Linville Land Harbor and the discharge of no additional wastewater into the Linville Land Harbor's existing sewerage system, pursuant to the application received on April 30, 2008 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the 'Linville Land Harbor Wastewater Treatment Facility (Permit No. NC0022756) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, You have the right to request an adjudicatory hearing upon written request within 30 days following receipt.of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North .. Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be finale and binding. _ y additional information concerning this matter,` please contact Roy Davis at (828) 296-4500.: - you nee a _ .` Sincerely, , for'Coleen H. Sullins, Director Division of Water Quality cc: ` Avery County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0022756) David W. Poore, PE Surface Water Protection Section Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LINVILLE LAND HARBOR PUMP STATION RELOCATION WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0033008 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This 'permit'' shallbecome voidable unless the wastewater collection facilities are constructed l in accordance with the conditions of this permit; 15A NCAC .0200; the Division of ,Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable;-. the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations: _and ,Force., Mains adopted June '1, 2000 as applicable; and other supporting materials unless; specifically mentioned herein' 2. This permit shall be effective only with respect to the nature and volume of wastes idescribed in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at •all.4imes., The Permittee shall maintain` compliance with an individual system -wide collection system permit for:the .-' operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If._an. individual permit is not required, the following performance criteria shall be met as provided in 15A,NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all. times"'to prevent discharge to land or surface waters, and ,any, contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 213 .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected everyday (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High -priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 213 .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina -licensed Professional Engineer certifying that the facilities have .been installed in accordance .with this permit; 15A„NCAC 2T;<,the Division's, Gravity Sewer Design Criteria adopted Februar—y 112, 1996 as applicable; the Division's Minimum ,Design Criteria for the Fast -Track Permitting of Pump Station and Force Main adopted June 1, 200.0 as applicable; and other supporting materials. `If -this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a finah� certificate of completion once ,theentire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted:with each partial; certification. Mail the Engineer's. Certification,,nne ,copy of the "Construction Record Drawings'. and one copy of the supporting design calculations to the Non -Discharge; Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7 A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewatercollection facilities. �. 8. Failure to abide by the conditions and limitations contained in this permit; 15A' NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the � D ivis ion'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 _to1an enforcement action by the Division; in accordance with North Carolina General :Statutes §143- 215.6A through §143-215.6C. 9 In the event that the wastewater collection facilitiesfail to: perform satisfactorily, .including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal)'which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: NQ0033008. Linville Land Harbor, Pump Station Relocation, Avery County, May 9. 2008 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form)' can also be completed: to show that the SSO:was beyond control. Permit issued this the 9th day of May, 2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 3 ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: a 25—gallon per minute pump station with grinder type duplex pumps, on -site audible and visual high water alarms; a portable generator receptacle and telemetry as well as approximately 749 linear feet of 2-inch force main Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. - _. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highlyrecommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEERS CERTIFICATION ❑ Partial ❑ Final I, as a`duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the above referenced project for the Permittee hereby state that, tothebest ofr my abilities, due care and diligence'was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design .Criteria adopted February 12,1996 as applicable; the Division's Minimum Design Criteria for the Fast Track Permitting of Pump Stations and.Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature and date: SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be - considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. t)� WA�� Michael F. Easley, Governor P William G. Ross Jr., Secretary Q North Carolina Department of Environment and Natural Resources CO- ? =} Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office Mr. Darhyl Boone, Town Manager Town of Mars Hill Post Office Box 368 Mars Hill, North Carolina 28754 May 9, 2008 Subject: Permit No. WQ0033002 Town of Mars Hill Deltec Homes Wastewater Collection System Extension Madison County Dear Mr. Boone: In accordance with your application received on April 28, 2008 we are forwarding herewith Permit No. WQ0033002, dated May 9, 2008, to the Town of Mars Hill for the construction and operation of the subject wastewater collection system extension_ This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein., This. cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the "notice to proceed issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system -wide collection system permit issued to the Permittee. Permitting'of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996. as applicable; and the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina -licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as -constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North. Carolina General Statute §143- 215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70, Swannanoa, NC 28778 Telephone (828) 296-4500 Fax (828) 299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50% recycled/10% post -consumer paper None rth Carolina Naturldi'm Town of Mars Hill May 9, 2008 Page 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Town of Mars Hill to construct and operate approximately 528 linear feet of 8-inch diameter gravity sewer to serve Deltec Homes, a residential subdivision, and the discharge of 2,880 gallons per day of collected domestic wastewater into the Town of Mars Hill's existing sewerage system, pursuant to the application received on April 28, 2008 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Town of Mars Hill's Wastewater Treatment Facility (Permit No. NC0057151) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable,. you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request"must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, for Coleen H. Sullins; Director Division of Water Quality cc: Madison County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0057151) Mike Anderson; PE Surface Water Protection Section Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TOWN OF MARS HILL DELTEC HOMES MADISON COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0033002 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are .constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water. Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and 'Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at ;all times: The Permittee shall maintain compliance with. an individual system -wide collection system .permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403.._.1f_an individual permit is not required, the following performance criteria shall be met as provided in 1.5A NCAC 2T 0403: - a. The sewer system shall be effectively maintained and operated at all times 'to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 213.0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High -priority sewer lines shall be inspected at least once per every six-month period of time. f.. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. 1 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina -licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project . is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final I certificate of completion once .the entire project has been completed. A copy of the construction record drawings,. indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non -Discharge Permitting < Unit, 1;61.7 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee.for the life of the wastewater collection facilities. 8. Failure to abide b y the conditions and Limitations contained. in this. permit; 15A � NCAC .2T: the Division's Gravity_ Sewer Design Criteria adopted February 12, 1996 as applicable;; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force'Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee .to an enforcement action by the Division, in accordance with North Carolina General !Statutes §143- 215,.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, +including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 'No. WQ0033002. Town of Mars Hill, Deltec Homes Madison County May 9 2008 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be. completed to show that the SSO was beyond control. Permit issued this the 91h day of. May, 2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION forColben H. Sullins, Director Division of Water Quality - By Authority of the Environmental Management Commission Permit Number. WQ0033002 3 ENGINEERING CERTIFICATION POST CONSTRUCTION System Description: 528 linear feet of 8-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (0 periodically, ❑ weekly, ❑ full time) the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was'used in the observation of the construction such that the construction' was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design. Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of, Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting' materials. North Carolina Professional Engineer's seal, signature, and date: SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality May 9, 2008 Rutherford County DWQ Project 20080504 TIP No. B-4631 NCSR 1347 (Parris Road) Approval of 401 Water Quality Certification with Additional Conditions Dr. Greg Thorpe, PhD., Manager Project.Development and Environmental Analysis North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina, 27699-1548 Dear Dr. Thorpe: You have our approval, in accordance with the conditions listed below, for the following impacts to the West Branch Mountain Creek for the purpose of constructing a three (3) barrel RCBC (12 feet by 10 feet) on NCSR 1347 (Parris Road) in Rutherford County: Stream Impacts in the Broad River Basin Site Permanent Streambank Permanent Temporary Total Stream Fill in Stabilization Fill in Impacts in Stream Impacts Intermittent (linear ft) Perennial Perennial Impact Requiring Stream (linear Stream Stream (linear ft) Mitigation ft) (linear ft linear ft linear ft Site 1-3 BBL RCBC 149 76 34 259 1 0 t Total 149 76 34 259 1 0 Total Stream Permanent Impact for Project: 225 linear feet. Temporary Impacts for Project: 34 linear feet. The project should be constructed in accordance with your application dated March 5, 2008 (received March 20, 2008), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Nos. 3689, 3701 and 3688, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 13, 23 and 33. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non -Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. None Carolina �turally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828) 299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer Dr. Greg Thorpe, PhD. May 9, 2008 Page Two Condition(s) of Certification: 1. There shall be no excavation from or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures must be installed and maintained on the project site until all disturbed soils are permanently stabilized. All bare soil should be seeded as soon as possible following disturbance. Erosion control mating shall be used in conjunction with appropriate seeding on disturbed stream banks. Matting should be secured in place with staples or wherever possible, live stakes of native trees. Tall fescue shall not be used in riparian areas. 3. The post -construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted area shall be revegetated with appropriate native species. 4. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 5. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High Quality Waters (HQW) or Water Supply I or II (WS-I, WS-II), stormwater shall be directed to vegetated buffer areas, grass -lined ditches or other means appropriate to the site for. the purpose of pre -treating stormwater runoff prior to discharging directly into streams. Please refer to the most current version of Stormwater Best Management Practices. Mowing of existing vegetated buffer areas is strongly discouraged. 6. If multiple pipes or barrels are required, that shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 7. Two (2) foot sills will be constructed in the outer barrels to accommodate for low flow conditions. 8. The culvert will be buried approximately 1.5 feet below the streambed to allow for aquatic life passage. 9. The dimension, pattern and profile of the stream, above and below the new culvert and old bridge, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 10. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 11. The use of rip -rap above the Normal High Water Mark shall be minimized. Any rip -rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 12. Rip -rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 13. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 14. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 15. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 17. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 18. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on -site project manager. �+ 19. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. Aorpe, PhD. J08 nree 20. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 21. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 22. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If DWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State of Federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification. 23. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 24. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 25. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right town adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, /A Coleln H. Sullins, Director Division of Water Quality cc: David Baker, USACE, Asheville Field Office J. J. Swain, Jr., P.E., Division 13 Engineer Ed Ingle, Roadside Environmental Marla Chambers, NCWRC Marela Buncick, USFWS Transportation Permitting Unit Asheville Regional Office 080504 (Thorpe) TIP B4631 NCSR 1347 Michael F. Easley, Governor Qt! William G. Ross Jr., Secretary ram' North Carolina Department of Environment and Natural Resources i ^� Coleen H. Sullins, Director Division of Water Quality May 9, 2008 Jackson County DWQ Project No. 080735 NCSR 1501 (Happy Valley Road) APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. J. B. Setzer, P.E. Division 14 Engineer N C Department of Transportation 253 Webster Road Sylva, North Carolina 28779 Dear Mr. Setzer: You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in an unnamed tributary to the Tuckasegee River, for the purpose of making improvements and widening NCSR 1501 (Happy Valley Road) in Jackson County: Stream Impacts in the Little Tennessee River Basin Site Permanent Stream Protection Permanent Fill in Temporary Total Stream Stream Fill in in Perennial Perennial Stream Dewatering in Impact Impacts Intermittent Stream (linear ft) (linear ft) Perennial Stream (linear ft) Requiring Stream (linear Energy Dissipator (linear ft) Mitigation ft)linear ft Site 1 0 0 13 110 123 0 Station 21+00 Total 01 0 13 110 123 0 Total Stream Permanent Impact for Project:13 linear feet. Total Temporary Impacts for Project: 110 linear feet. The project should be constructed in accordance with your application dated April 7, 2008 (received April 25, 2008), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3704, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non - Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid,, you must follow the conditions listed in the attached certification and any additional conditions listed below. Woren Naturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 2964500 Customer Service Internet: www.ncwaterquality.org FAX (828) 299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer Mr. J. B. Setzer, P.E. May 9, 2008 Page Two 1 There shall be no excavation from or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. 3. Adequate sedimentation and erosion control measures must be installed and maintained on the project site to minimize sediment transport to downstream aquatic resources. Temporary cover (wheat, millet or similar annual grain) or permanent herbaceous cover shall be planted on all bare soil as soon as possible following ground disturbing activities. Erosion control mating shall be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas. Matting should be secured in place with staples or wherever possible, live stakes of native trees. Straw mulch and tall fescue shall not be used in riparian areas. 4. If multiple pipes or barrels are required, they shall be designed to mimic the natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream shall be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 5. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High Quality Waters (HQW) or Water Supply I or II (WS-1, WS-II), stormwater shall be directed to vegetated buffer areas, grass -lined ditches or other means appropriate to the site for the purpose of pre -treating stormwater runoff prior to discharging directly into streams. Mowing of existing vegetated buffer areas is strongly discouraged. 6. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season - following completion of construction.' 7. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 8. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 9. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 10. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 11. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 13. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 14. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 15. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 16. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on -site project manager. 17. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having ,,,,. jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. ,etzer, P.E. A08 Three 18. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 19. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, Coleen H. Sullins, Director Division of Water Quality cc: Mark Davis, Division 14, DEO Ed Ingle, Roadside Environmental David Baker, USACE, Asheville Field Office Transportation Permitting Unit Mike Parker, Asheville Regional Office 080735 (Setter) NCSR 1501 (Happy Valley Road) Michael F. Easley, Governor William G. Ross Jr., Secretary r- North Carolina Department of Environment and Natural Resources --i Coleen H. Sullins, Director Division of Water Quality May 9, 2008 Cherokee County DWQ Project 20080762 Bridge No.50 NC Highway 294 TIP No. R-3 622AA Approval of 401 Water Quality Certification with Additional Conditions Mr. J. B Setzer, P.E. Division Engineer North Carolina Department of Transportation 253 Webster Road Sylva, North Carolina, 28779 Dear Mr. Setzer: You have our approval, in accordance with the conditions listed below, for the following impacts to Persimmon Creek for the purpose of constructing a new bridge (Bridge No.50) on NC Highway 294 in Cherokee County: Tahla 1_C+raam Tmnar+e in +hd, Aiwaasee River Ra.cin for R-3622AA Site Permanent Temporary Permanent Temporary Total Stream Fill in Fill in Fill in Dewatering Stream Impacts Intermittent Intermittent Perennial in Perennial Impact Requiring Stream (linear Stream (linear Stream Stream (linear ft) Mitigation ft) ft linear ft linear ft) linear ft r-Site 7- Sta. 60+00-L 0 0 205 150 355 205 I Total 0 0 1 205 1 150 1 355 205 Total Permanent Stream Impact for Project: 205 linear feet. 'Temporary Impacts for rroject: I�u lmear feet. Tnhln I _ Wnflanrl Tmnar+e in +ha TTiwaecee River Racin fnr R-3622A A Site Fill Fill Excavation Mechanized Hand Area under Total Wetland (ac) (temporar (ac) Clearing Clearing Bridge Impact (ac) y) (ac) (ac) (ac) ac Site 3 Sta. 47+60- 0.02 0 0 0 0.07 0 0.09 50+00-L Site 4 Sta. 52+00- 0.11 0 0 0.12 0.08 0 0.31 55+00-L Site 5 Sta. 55+00- 0 0 0 0 0.04 0 0.04 L-RT Site 6 Sta. 55+00- 0.87 0 0 0.24 0 0 1.11 60+00-L Site 7 Sta. 60+00-L 0 0 0 0.02 0 0 0.02 Site 8 Sta. 65+95-L 0.01 0 0 0.01 0 0 0.02 Total 1.01 0 0 0.39 0.19 0 1.59 Total Wetland Impact for R-3622AA: 1.59 acres. None �1lahCatolina turally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828) 299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer Mr. J. B. Setzer, P.E. May 9, 2008 Page Two The project should be constructed in accordance with your application dated April 28, 2008 (received May 1, 2008), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3704, corresponding to the U.S. Army Corps of Engineers Regional General Permit Number 31. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non - Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. There shall be no excavation from or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures must be installed and maintained on the project site until all disturbed soils are permanently stabilized. All bare soil should be seeded as soon as possible following disturbance. Erosion control mating shall be used in conjunction with appropriate seeding on disturbed stream banks. Matting should be secured in place with staples or wherever possible, live stakes of native trees. Tall fescue shall not be used in �- riparian areas. 3. All channel relocations will be constructed in a dry work area and stabilized before stream flows are diverted. Channel relocations will be completed and stabilized, and must be approved on site by DWQ staff, prior to diverting water into the new channel. Whenever possible, channel relocations shall be allowed to stabilize for an entire growing season. Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30-foot wide wooded and an adjacent 20-foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practicable. A transitional phase incorporating coir fiber and seedling establishment is allowable. Also, riprap may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of riprap coverage area. 4. Compensatory Mitigation for impacts of 205 linear feet of stream and 1.59 acres of riverine wetlands is required. We understand that you have chosen to perform compensatory mitigation for impacts to streams through the North Carolina Ecosystem Enhancement Program (EEP), and that the EEP has agreed to implement the mitigation for the project. EEP has indicated in a letter dated April 28, 2008 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above -referenced project, in accordance with the Tri-Party MOA signed on July 22, 2003 and the Dual -Party MOA signed April 12, 2004. 5. If multiple pipes or barrels are required, they shall be designed to mimic the natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream shall be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 6. The post -construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted area shall be revegetated with appropriate native species. 7. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 8. Bridge deck drains should not discharge directly into the streams. Stormwater shall be directed across the bridge and re -treated through site -appropriate means rassed swales re-formed scour holes vegetated buffers etc. before p g(g � p g ) � entering the stream. Please refer to the most current version of Stormwater Best Management Practices. r, P.E. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High Quality Waters (HQW) or Water Supply I or II (WS-I, WS-Il), stormwater shall be directed to vegetated buffer areas, grass -lined ditches or other means appropriate to the site for the purpose of pre -treating stormwater runoff prior to discharging directly into streams. Mowing of existing vegetated buffer areas is strongly discouraged. 10. The dimension, pattern and profile of the stream, above and below the bridge, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 11. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 12. The use of rip -rap above the Normal High Water Mark shall be minimized. Any rip -rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 13. Rip -rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 14. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 15. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 16. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 18. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 19. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on -site project manager. 20. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 21. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 22. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 23. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 24. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State or Federal law. If DWQ determines that such standards or laws are not being met (including failure to sustain a designated achieved use) or that State of Federal law if being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification. 25. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. Mr. J. B. Setzer May 9, 2008 Page Four If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60) ,. days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. Sincerely, Coleen H. Sullins, Director Division of Water Quality cc: Mark Davis, Division 14 DEO Marella Buncick, USFWS Rebecca Fox, USEPA. Ed Ingle, Roadside Environmental David Baker, USACE, Asheville Field Office Transportation Permitting Unit Asheville Regional Office 080762 (Setter) R-3622AA NC Hwy. 294 '�J Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION May 9, 2008 Mr. Larry G Scott 223 Hankins Road Marion, North Carolina 28752 SUBJECT: Compliance Evaluation Inspection Scotty's Mobile Village Permit No: NCO069965 McDowell County Dear Mr. Scott: Enclosed please find a Compliance Evaluation Report of the inspection conducted by Asheville Regional Office staff on April 30, 2008. The facility was judged to ,be in compliance with permit NCO069965 at the time of inspection. However, the volume of grease in the facility. was sufficiently large to suggest that the aeration system_ would be unable to supply sufficient oxygen for proper treatment during upcoming summer, :months. Any possible means should be employed to prevent grease from entering the treatment system. Grease in a package type wastewater treatment facility _ greatly ... intensifies the operational time and effort necessary to maintain compliance. Please refer to the enclosed inspection report for additional observations and' comments. If there are questions or comments, please call the writer at 828-296-4651. Sincerely, James R Reid Environmental Engineer Enclosure H:�r�i6�raaMn� ;1a-mes �=4RC. t Central Files Asheville Files Nwh�Carolina Naturm!!y 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. P A Washington, D.C. 20460 EPA OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 15I 31 NC0069965 111 121 08/04/30 117 181 CI 19I SI 20� I Remarks 21111111111111.1111Jill Jill 111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating 81 QA ---------------------------Reserved---- --- 671 169 70I 3) 71I I 72I NI 73I ' ' 74 751 I I I I I I 180 _t_� Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 05/05/01 10:30 AM 08/04/30 Scotty's Mobile Village Exit Time/Date _ - Permit Expiration Date 2333 US 221 Business _ Marion NC 28752 11:00 AM 08/04/30 09/12/31 Name(s) of Onsite Representative(s)fritles(s)/Phone and Fax Number(s) Other Facility Data Harry Dewain James/ORC/828-697-0063/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Contato Larry'G Scott,223 Hankins Rd Marion NC 28752/Owner/828-652-3997/ No _ Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit.'; :. Operations & Maintenance Records/Reports Facillty,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 J R Reid ARO WQ//828-296-4500 Ext.4651/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date re G?&Sn—Li:X v EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I N00069965 I11 12� 08/04/30 '17 18N Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Effluent was clear despite EXCESSIVE GREASE grease in the facility. The volume of grease was such that the aeration system would not likely have sufficient capacity to supply enough oxygen during upcoming summer months. The City of Marion advised that approximately one month prior to the inspection a request for bids had been published for the Hankins Road collection system. Page # 2 Permit: NCO069965 Owner - Facility: Scotty's Mobile Village ,pection Date: 04/30/2008 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? Q ❑ 10 Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n Judge, and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Q Cl n ❑ n Is the facility as described in the permit? # Are there any special conditions for the permit? ❑ C1 Q Is access to the plant site restricted to the general public? n o o Is the inspector granted access to all areas for inspection? "' Cl ❑ Cl Comment: Record Keeping Yes : No . NA NE Are records kept and maintained as required by the permit? - '0 ❑ O Is all required information readily available, complete and current? ❑ ❑ Cl Are all records maintained fora years (lab. reg. required 5 years)? Are analytical results, consistent with data reported on DMRs? " 0 Cl 0 Is the chain -of -custody complete? ':p ❑ Cl 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 n Transported COCs Are DMRs complete: do they include all permit parameters? 0 ❑ 0 Has the facility submitted its annual compliance report to users and DWQ? E ❑ Q n (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? 0 Q ❑ 0 Is the ORC visitation log available and current? 0 ❑ Q 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 than the facility classification? n - Is a copy of the current NPDES permit available on site? ❑ !_l 0 Page # 3 Permit: NCO069965 Inspection Date: 04/30/2008 Aeration Basins Is the DO level acceptable?(1.0 to 3.0 mg/I) Comment: Owner - Facility: Scotty's Mobile Village Inspection Type: Compliance Evaluation Yes No NA NE ■nnn Page # 5 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality SURFACE WATER PROTECTION May 9, 2008 Mr. Anthony Stevens McDowell County Adult Care, LLC Post Office Box 1267 Marion, North Carolina 28752 Asheville Regional Office SUBJECT: Compliance Evaluation Inspection Cedarbrook Residential Center Permit No: NCO035157 McDowell County Dear Mr. Stevens: . Enclosed please find a copy of the Compliance Evaluation Report of the inspection conducted by James Reid of the Asheville Regional Office on April 30, 2008:. •Due .to the.-,-, sand filter having been re -built shortly prior to inspection, the filter had not developed the.. required biological growth. Consequently, the filter's ability to perform as intended could.r, not be definitively established. Likewise, as no factors constituting "non=compliance1 ! could be firmly established, the facility was, at the time of inspection, judged'to be `"in. compliance". The facility's performance will be tracked so that its '°compliant"=:o.r "non- compliant" status can be more reliably determined. Please refer to the enclosed inspection report for additional observations and comments. If there are questions or comments, please call the writer at 828-296=4651. Sincerely, 9""e, - R Reid Environmental Engineer Enclosure cc: Harry Dewain James, ORC Central Files Asheville Files No ehCarolina Iaturally 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. 1= PA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO035157 11 121 08/04/30 117 18I CI 19I SI 20III Remarks 21111111111111111111111111111111111111111111111,116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------------------------- Reserved ---------------------- 67I 169 701 41 711 I 721 NJ 73' ' 174 751 I I I I I 11 80 W 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) Cedarbrook Residential Center 11:00 AM 08/04/30 05/05/01 Exit Time/Date Permit Expiration Date NCSR 1763 Nebo NC 28761 11:30 AM 08/04/30 09/12/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Harry Dewain James/ORC/828-697-0063/ Name, Address of Responsible Official/Title/Phone and Fax Number , Contacted Anthony Stevens,PO Box 1267"Marion NC 28752//828-652-4633/ No Section C: Areas Evaluated During Inspection {Check only those areas evaluated) Permit ' Operations &Maintenance• 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 am s R Reid ARO WQ//828-296-4500 Ext.4651/ Signatur of Ma gem t Q A Reviewer Agency/Office/Phone and Fax Numbers Date 6r L V EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type (cont. 3I NCO035157 (11 12I 08/04/30 I17 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Facility was neatly kept. The owner installed new media in the filter bed; approximately 1 week prior to the date of inspection. The media particles, visually, did not appear to be of the size and dust content normally used in a sand filter bed. The NC Minerals Research Lab will provide a particle size analysis and quantification of the dust content. The media had not been in place for sufficent duration to allow development of the biological film necessary to allow compliance with effluent limitations. Page # 2 Permit: NC0035157 Owner - Facility: Cedarbrook Residential Center ,ection Date: 04/30/2008 Inspection Type: Compliance Evaluation iperations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n 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 anew application? ■ n n In Is the facility as described in the permit? ■ n n # Are there any special conditions for the permit? ■ n n n Is access to the plant site restricted to the general public? ■ Q n Is the inspector granted access to all areas for inspection? ■ fn In In Comment: Effluent Pipe Yes No . NA NE Is right of way to the outfall properly maintained? - ❑ .171.n ■ Are the receiving water free of foam other than trace amounts and other debris? ■ _n In n If effluent (diffuser pipes are required)` are they operating properly? Cl ❑ ■ n - Comment: Septic Tank Yes No NA NE (If pumps are used) Is an audible and visual alarm operational? ; n, n: ■ 11 Is septic tank pumped on a schedule? ■' n n n Are pumps or syphons operating properly? ■ n n n Are high and low water alarms operating properly? n In ■ n Comment: Sand Filters (Low rate) (If pumps are used) Is an audible and visible alarm Present and operational? Is the distribution box level and watertight? Is sand filter free of ponding? Is the sand filter effluent re -circulated at a valid ratio? # 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) f Comment: Yes No NA NE nn■0 ■nnn ■nnn nn■n ■nnn nn■0 Page # 3 Permit: NCO035157 Owner - Facility: Cedarbrook Residential Center Inspection Date: 04/30/2008 Inspection Type: Compliance Evaluation Effluent Sampling 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)? Is the facility sampling performed as required by the permit (frequency, sampling type representative)? Comment: Yes No NA NE nn■n ■nnn ■nnn nn■o ■nnn ■ n n n Page # 4 ivucnaei r. tasiey, vovernor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources r Coleen H. Sullins. Director .0 Division of Water Quality ;� Asheville Regional Office a SURFACE WATER PROTECTION May 9, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED Jerry Prosser Feldspar Corporation PO Box 99 Spruce Pine, NC 28777 7002 0460 0001 9899 7866 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 NC0000353 Feldspar Corporation Spruce Pine facility Case No. LV-2008-0152 Mitchell County Dear Mr. Prosser: This letter transmits a Notice of Violation and assessment. of civil penalty in the amount of $575.00 ($500.00 civil penalty + $75.00 enforcement costs) against Feldspar Corporation. This assessment is based upon the following facts'a review has been conducted of the discharge monitoring report (DMR) submitted'by Feldspar Corporation for the month of January 2008. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0000353. The violations which occurred in January 2008 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Feldspar Corporation violated the terms, conditions or requirements of NPDES Permit NC0000353 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Feldspar Corporation: NorthCarolina Naturally 3 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500 FAX:299-7043 Customer Service 1- 800 623-7748 $500.00 $500.00 $75.00 $575.00 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0000353, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for FLUORIDE. TOTAL CIVIL PENALTY Enforcement Costs TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of. Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied.by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be .dered: �1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Keith Haynes of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office ATTACHMENTS cc: Regional Supervisor w/ attachments Enforcement File w/ attachments Central Files w/ attachments JUSTIFICATION FOR REMISSION REQUEST -)WQ Case Number: LV-2008-0152 County: Mitchell Assessed Party: Feldspar Corporation Permit No. (if applicable): NC0000353 Amount Assessed: $575.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Heating, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i. e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMEN AND NATURAL RESOURCES COUNTY OF MITCHELL Feldspar Corporation IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND Spruce Pine Facility ) STIPULATION OF FACTS PERMIT NO. N00000353 ) FILE NO. LV-2008-0152 Having been assessed civil penalties totaling $575.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above - stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE SIGNATURE 'Pi1] w a H U W z O E = G1 Q E > J O N � d Z � a � T � O Z 0 w W F- >* OJ M N e G w f w 5a U> J Q U N J L V w F- D O LL w O N �w U N C r' ¢ F- z W U 0 O =- O U L o co N ' J r 0 w D w LL a X ¢ F ¢ R ° N CD LL w m z w z O w go O_ > o - 0 o U U w N E LU w LU o g� Q 0 O a LL U Z O P U a LL U w 3 J Fa o O M M O o V z = O Z H oa z� C) 0 N - r_= L a o t J } Z a O ur Michael F. Easley, Governor William G. Ross Jr., Secretary Q North Carolina Department of Environment and Natural Resources a-1 7' Coleen H. Sullins, Director -� Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION May 9, 2008 Mr. Garvin Trinks McDowell County Schools 709 Sugar Hill Road Marion, North Carolina 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 Report of the inspection conducted on April 30, 2008 by James Reid of the Asheville Regional Office. The:fa`cility was found to be in Compliance with permit NC0067148. Please refer to the enclosed: inspectionreport for additional observations and comments. If there'are questions or comments, please call the writer at 828-296-4651. ;,Sincerely, James R Reid Environmental Engineer Enclosure cc: Harry Dewain James, ORC Central Files Asheville Files oe Carolina NNaturally 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. G PA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 151 31 N00067148 111 121 08/04/30 117 181LCI 191SI 201 (( Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating 61 QA --------------------------- Reserved ---------------------- 67I 169 70I 4 I 711 I 721 NJ 73 LU 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 11:45 AM 08/04/30 05/05/01 Nebo Elementary School WWTP Exit Time/Date Permit Expiration Date 320 s Main St Marion NC 28752 12:15 PM 08/04/30 09/12/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Harry Dewain James/ORC/828-697-0063/ - Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Garvin Trinks,709 Sugar Hill. Rd Marion NC 28752//828-652-5504/ - No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit 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) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date James R Reid ARO WQ//828-296-4500 Ext.4651/ e Signature of Managewient Q A Reviewer Agency/Office/Phone and Fax Numbers Date 5 ' --6 EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO067148 I11 12) 08/04/30 1 17 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Facility was exceptionally neatly and cleanly kept. All equipment appeared operational and performing the intended functions. Page # 2 Permit: NCO067148 'Action Date: 04/30/2008 Owner - Facility: Nebo Elementary School WWTP Inspection Type: Compliance Evaluation Jperations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n Judge, and other that are applicable? Comment: w _ __ _ _ •a V..- AI.- AIA AIM (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ n n n Is the facility as described in the permit? ■ n n ❑ # Are there any special conditions for the permit? ■ n n Is access to the plant site restricted to the general public? ■ ❑ ❑ n Is the inspector granted access to all areas for inspection? ■ 0 n n Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ 'n n n Is all required information readily available, complete and current? ■ o n n Are all records maintained for 3 years (lab. reg. required 5 years)? ■ n n n Are analytical results consistent with data reported on DMRs? ■ n n n Is the chain -of -custody complete? ■ n. n n 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 n Are DMRs complete: do they include all permit parameters? ■ n n n Has the facility submitted its annual compliance report to users and DWQ? ■ n n n (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ■ n n n Is the ORC visitation log available and current? ■ n n n Is the ORC certified at grade equal to or higher than the facility classification? ■ n n n Is the backup operator certified at one grade less or greater than the facility classification? ■ n ❑ n Is a copy of the current NPDES permit available on site? ■ n n n Page # 3 \ Permit: NCn00714e Owner 'Faci|uv: Nebo Elementary School WWTP Inspection Date: 04/30/2008 Inspection Type: Compliance Evaluation Record Keepin Yes No mx ms Fau|dyhas copy ofp�v�uoyour�� Annua|Ropoon5|ohreview? � o In n Comment: Effluent Pip Yes No NA ws |ohghtofway 0othe ouUa||pmpodymaintained? � 0 0 0 Are the receiving water free offoam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? [] [] Comment: Septic Tan es .'' No NA NE (if pumps are used) {aonaudible and visalarm 0 ' 0 M �inna|? ` |usophomnxpumped onaoohoVu|o? � 0 [1 [] A�pumps orsyphons opo��ngpmpor�? ' ' '�. N� []� [] [] Are high and low water alarms operating properly? [l[l[] ' Comment: Sand Filters '� Yes /`' No NA NE (If `pumps are u),Isa. audible and visible ` alarm Present and operational? O [] [] ' mthe distribution box level and watertight? ' w[l [] [] '~ bsand �8mfmoofponding? . �N '' [l �_� [] [] Is the sand fiKereffluent re -circulated at uvalid ratio? ' '� 00 [] � [] Cl #|othe sand filter surface free o/algae oroxc enoivyvegotaUon? [] [] [] ` - ` . �� 0 [] 0#b�eoand��ro�uo�m�n�b�d�a��mh��p�o�ma�y3�1> Michael F. Easley, Governor William G. Ross Jr., Secretary O� North Carolina Department of Environment and Natural Resources P Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION May 9, 2008 Mr. Wil Garner Coastal Ventures Group II LLC 5615 Potters Road Matthews, North Carolina 28104 SUBJECT: Compliance Evaluation Inspection Blue Ridge Country Club WWTP Permit No: NCO080098 McDowell County Dear Mr. Garner: Enclosed please find a Compliance Evaluation Report of the inspection conducted on April 30, 2008 by James Reid of the Asheville Regional Office. The facility was found to be in Compliance with permit NC0080098. Please refer to the enclosed inspection report for additional observations and: comments. 1f there are questions or comments, please call the writer at 828-296-4651. Sincerely, James R Reid Environmental Engineer Enclosure cc: Harry Dewain James, ORC Central Files Asheville Files oe Carolina NNaturally 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. CPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO080098 111 121 08/04/30 117 18I cI 191 SI 20I I Remarks 21IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------------------------- Reserved ---------------------- 67I 169 70I 41 71 I_I 72I N I 73I ' 174 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 05/05/01 12:15 PM 08/04/30 Blue Ridge Country Club WWTP Exit Time/Date Permit Expiration Date 17677 Hwy 221 N Marion NC 28752 12:45 PM 08/04/30 09/12/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number`(s) Other Facility Data Harry Dewain James/ORC/828-697-0063/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Wil Garner,5615 Potters Rd Matthews NC 28104//704-821-8972/704821604?o -Section C: Areas Evaluated During Inspection .(Check only those areasevaluated) - Permit Flow Measurement Operations & Maintenance 0 Records/Reports Self -Monitoring Program E 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 Jam R Reid ARO WQ//828-296-4500 Ext.4651/ �- d� Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date '" U 'JW EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO080098 I11 12I 08/04/30 1 17 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Flow rate is 2,000-3,0000 gallons per day (into a 25,000 gpd-plant); consequently, some units are bypassed and normal, MLSS, return rates, run-times are not applicable. Good clean consistent operation that is situationally appropriate. The new owners of the development plan to increase the occupancy of the facility. Page # 2 Permit: NCO080098 Owner - Facility: Blue Ridge Country Club WWTP ,ection Dater 04/30/2008 Inspection Type: Compliance Evaluation -)perations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n Judge, and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ n n n Is the facility as described in the permit? ■ n n n # Are there any special conditions for the permit? ■ n n n Is access to the plant site restricted to the general public? ■ ,o n n Is the inspector granted access to all areas for inspection? ■ -n . Or n Comment: Record Keeping .Yes No., NA NE Are records kept and maintained as required by the permit? ■. n :.n n Is all required information readily available, complete and current? ■ n n n Are all records maintained for 3 years (lab. reg. required 5 years)? ■ n, n n Are analytical results consistent with data reported on DMRs? ■ n n n Is the chain -of -custody complete? ■ n,`n n 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 n Are DMRs complete: do they include all permit parameters? ■ n n n Has the facility submitted its annual compliance report to users and DWQ? ■ n n n (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ■ n n n Is the ORC visitation log available and current? ■ n ❑ n Is the ORC certified at grade equal to or higher than the facility classification? ■ n n n Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ n Is a copy of the current NPDES permit available on site? ■ n n n Page # 3 Permit: NCO080098 Inspection Date: 04/30/2008 Owner - Facility: Blue Ridge Country Club WWTP Inspection Type: Compliance Evaluation Record Keeping Facility has copy of previous year's Annual Report on file for review? Comment: Effluent Pipe 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: Flow Measurement - Influent # Is flow meter used for reporting? Is flow meter calibrated annually? Is the flow meter operational? (If units are separated) Does the chart recorder match the flow meter? Comment: Bar Screens Type of bar screen a.Manual b.Mechanical Are the bars adequately screening debris? Is the screen free of excessive debris? Is disposal of screening in compliance? Is the unit in good condition? Comment: Secondary Clarifier Is the clarifier free of black and odorous wastewater? Is the site free of excessive buildup of solids in center well of circular clarifier? Are weirs level? Is the site free of weir blockage? Is the site free of evidence of short-circuiting? Is scum removal adequate? Is the site free of excessive floating sludge? Yes No NA NE ■nnn Yes No. NA NE ■ n n n ■nnn ■nnn ■ ❑ n n Yes . No NA NE ■ ,n ■nnn ■nnn ■nnn ■n❑n ■nnn ■nnn ■nnn ■nnn ■nnn ■nnn ■nnn Page # 4 Permit: NCO080098 Owner - Facility: Blue Ridge Country Club WWTP .pection Date: 04/30/2008 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the drive unit operational? n n ■ Is the return rate acceptable (low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable? (Approximately'/4 of the sidewall depth) ■ n n n Comment: Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system diffused Is the basin free of dead spots? ■,..o o n Are surface aerators and mixers operational? ■"❑ 0 n Are the diffusers operational? ❑ ❑ n Is the foam the proper color for the treatment process? n n 0 Does the foam cover less than 25% of the basin's surface? ■ U n Is the DO level acceptable? ■ Cl, n n Is the DO level acceptable?(1.0 to 3.0 mg/p ■ ;n -n 0 Comment: Effluent Sampling Yes No , NA NE Is composite sampling flow proportional? ■: n . n n Is sample collected below all treatment units? ■ n n n Is proper volume collected? ■ ;n n n Is the tubing clean? ■;: ❑ n # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? ■ ❑ n n Is the facility sampling performed as required by the permit (frequency, sampling type representative)? ■ n n n Comment: Page # 5 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources r7 Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION May 12, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7002 0460 0001 9899 7873 Mr. Harry Horrell Harry Horrell Property 3005 Anderson Branch Rd Marshall, NC 28753 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Harry Horrell Property ___----- Stream Standard Violation - Other Waste (In -stream sediment) Madison County Dear Mr. Horrell: On April 25, 2008, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection of the Harry Horrell Property at 3005 Anderson Branch Road in Madison County. Our records indicate that you and your wife were present. Stream standards violations were documented during the inspection related to sediment impacts to an unnamed tributary of the French Broad River (Class B waters). Severe erosion has occurred on your property. Gullies in excess of 12 inches in depth were recorded. Sediment has discharged from your property to the unnamed tributary along the southern boundary at depths from three to over 12 inches. As a result of the site inspection, the following violations were noted: I. Stream Standard Violation - Other Waste (In -stream sediment)15A NCAC 02B .0211 (3)f - Greater than 600 feet of an unnamed tributary of the French Broad River was impacted by sediment deposition greater than three inches throughout the stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f) k REQUIRED RESPONSE This Office requests that you respond in writing within 15 days of receipt of this Notice. Your response should be sent to both to the attention of Chuck Cranford at the Division of Water Quality, 2090 US HWY 70, Swanannoa, NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should address the following items: NorthCarohna Naturally 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 877-623-6748 G:\W PDATA\DEMWQ\Madison\Complaints\Horrell\NOV-2008-SS-0018.doc Mr. Harry Horrell Page 2 of 3 May 12, 2008 I. Stream Standard - Other Waste (In -Stream Sediment) a. Please explain when construction (excavation, grubbing, and clearing) began at the site. b. Please provide a map that exactly details the jurisdictional waters on the tract. This map should indicate all of the jurisdictional waters on the tract as well as the areas that have been impacted, both on and off site. This information must be clearly depicted on a map that you provide as a part of this response. c. Please submit a Sediment Removal Restoration Plan (Restoration Plan) to this office for review and approval. The Restoration Plan must address removal of the accumulated sediment from the unnamed tributary of the French Broad River. The Restoration Plan must be submitted to the Division of Water Quality for review and approval prior to implementation. You are encouraged to secure the services of an environmental consultant experienced in stream restoration to assist you with your Restoration Plan development. It is recommended that your consultant contact Chuck Cranford of the Asheville Regional Office for additional guidance during restoration plan development. The Restoration _Plan_should include the_following:___ • A narrative explaining how sediment will be removed and how impacted jurisdictional waters will be restored. • A proposed schedule with dates that indicate when you expect to complete the removal of sediment. • A diagram of the stream channel, referenced with photo documentation of sediment impacts. • A narrative explaining how sediment will be retained on the site and kept out of waterways and how restoration activities will be conducted, such that turbidity standards are not exceeded. d. Once the Restoration Plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Chuck Cranford. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above -mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. .,rrell Page 3 of 3 j08 .ould you have any questions regarding these matters, please contact Chuck Cranford or myself at (828) 296-4500. Sincerely, 57 Roger C. Edwards Regional Office Supervisor Surface Water Protection Section cc: John Hennessy — NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Division of Land Resources Madison County Planning Mr. Grover DeHart Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office May 12, 2008 Mr. Anthony Willis, President Madison Properties, Inc. Post Office Box 1936 Weaverville, North Carolina 28787 Subject: Permit No. WQ0033003 Madison Properties, Inc. ___ Madison Properties Apartments Ph II __. Wastewater Collection System Extension Buncombe County Dear Mr. Willis: In accordance: with your application received on April 25, 2008 we are forwarding herewith Permit No. WQ0033003, dated May 12, 2008, to Madison Properties, Inc. for the construction and - operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations'as.specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the "notice to, proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system -wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina -licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as -constructed project meets the appropriate design criteria and rules, Failure to comply may result in penalties in accordance with North Carolina General Statute §143- 215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board. Asheville Regional Office 2090 US Highway 70, Swannanoa, NC 28778 Internet www.ncwaterquality.org Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center An Equal Opportunity Action Employer Telephone 1 800 623-7748 50% recycled/10% post -consumer paper Madison Properties, Inc. May 12, 2008 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 Madison Properties, Inc. to construct and operate approximately 458 linear feet of 6-in diameter gravity sewer to serve the Madison Properties Apartments Ph 11 and the discharge of 5,520 gallons per day of collected domestic wastewater into the Metropolitan Sewerage District of Buncombe County's (MSD) existing sewerage system, pursuant to the application received on April 25, 2008 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the MSD's Wastewater Treatment Facility (Permit No. NCO024911) prior to being discharged into the receiving stream. Construction of the subject wastewater collection system shall not commence until approval for the construction and operation of these sewers has been obtained from the Metropolitan Sewerage District of Buncombe County. _ If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714.Unless such demands are made, this permit shall.be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) . 296-4500: Sincerely, for Coieen H. Sullins, ,Director Division of Water Quality cc: Buncombe County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NCO024911) Gary D. Davis, PE MSD Surface Water Protection Section Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MADISON PROPERTIES, INC. MADISON PROPERTIES APARTMENTS PH II WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT NUMBER WQ0033003 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and ;Force Mains adopted June 1, 2000 as applicable; and other supporting materials unlessspecifically mentioned herein. 2. This permit shall be effective only with respect to the nature and -volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all. times. The Permittee shall maintain compliance with an individual -system -wide collection system permit -for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC2T .0403: a. The sewer system shall be effectively maintained and operated at all times: to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 213.0200. _ b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High -priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 213 .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. 1 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina -licensed: Professional Engineer certifying that the facilities have been installed in accordance with this permit; 1,5A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the. Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track --- -further construction approved --under the same permit, and -shall -provide a final' certificate of - completion once the entire project has been completed. A copy of the construction: record drawings, indicating the facilities constructed in the phase being, certified, shall be submitted with each partial. certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non -Discharge Permitting Unit,1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee.for the life of the wastewater collection facilities. 8. failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable;. the -Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permitteeto an enforcement action,: by the Division, ,in. accordance with North Carolina General Statutes §143 215.6A through §143-215.6C 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours 2 NO. WQ0033003, Madison Properties, Inc.. Madison Properties Apt. Ph Il. Buncombe County, ay 12, 20 8 or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following ;first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem. does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. - -Permit issued this -the -12th dayofMay, 2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION J or C * en H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0033003 �a ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: Approximately 458 linear feet of 6-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modificationsare required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operateuntil this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division: ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as ,a duly registered. Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the above referenced �\ project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial.compliance of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum DesignCriteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast=Track Permitting of " Pump Stations and Force. Mains adopted June 1, 2000 as applicable; and other supporting materials: North Carolina Professional Engineer's seal, signature, and date: SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR. ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office rI >r33f►af►z1M., Mr. Daniel J. Minahan Continental 221 Fund, LLC 4309 Pablo Oaks Court, Suite 5 Jacksonville, Florida 32224 Subject: Permit No. WQ0033004 Continental 221 Fund, LLC Spring @ Asheville -Gravity _._. Wastewater Collection System Extension Buncombe County Dear Mr. Minahan: In accordance with your application received on April 22, 2008 we are forwarding herewith Permit No. WQ0033004, dated May 12, 2008, to Continental 221 Fund, LLC for the'constwction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the "notice to proceed" issued to your. contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which requires that the :wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T 0403'or any individual system -wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina -licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as -constructed project meets the appropriate design criteria and rules. Failure to comply may, result in penalties in accordance with North Carolina General Statute §143- 215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina -licensed. Professional Engineer to the licensing board. Asheville Regional Office 2090 US Highway 70, Swannanoa, NC 28778 DENR Customer Service Center An Equal Opportunity Action Employer Internet www.ncwaterquality.org Telephone (828) 296-4500 Fax (828) 299-7043 Telephone 1 800 623-7748 50% recycledl10% post -consumer paper Continental 221 Fund, LLC May 12, 2008 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 -Continental _221_Fund,_LLC to construct and operate_ approximately, 1_,550 linear feet of 6- inch diameter gravity sewer and 2,950 linear feet of 8-inch .diameter gravity sewer to serve the Spring @ Asheville and the discharge of 60,800 gallons per day of collected domestic wastewater into the Metropolitan Sewerage District of Buncombe County's (MSD) existing sewerage system, pursuant to the application received on April 22, 2008 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the MSD's Wastewater Treatment Facility (Permit No. NCO024911) prior to being discharged into the receiving stream. , Construction of the subject wastewater collection system shall not commence until approval for the construction and operation of these sewers has been obtained from the Metropolitan Sewerage District of Buncombe County. 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 followingreceipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General. Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be.final and ` binding. If you need additional information concerning this matter; please contact Roy Davis at (828). 296-4500: , Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Buncombe County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NCO024911) Shawn M. Lynch, PE MSD Surface Water Protection Section Central Files PERCS G:\WPDATA\DEMWQ\Buncombe\MSD Collection System\WQ0033004-Spring @ Asheville.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES - CONTINENTAL 221 FUND, LLC SPRING @ ASHEVILLE-GRAVITY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT NUMBER WQ0033004 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted i February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations .and Force Mains __adopted_.. June_ 1_,__2000.__as__applicable; and other supporting .-.materials unless.specifically mentioned herein;, 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data: 3. The wastewater collection facilities shall be properly maintained and operated at all times. The. Permittee shall maintain compliance with an individual system --wide collection system permit for the operation and maintenance of thesefacilities as required by 15A NCAC 2T .0403; If an individual permit is not required, the following' performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High -priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 213 .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. 1 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name_ change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from. a North Carolina -licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A, NCAC 2T; the Division's Gravity. Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. if this project is to be completed in phases and partially certified, you shall retain the responsibility to track -- - further construction approved under the -same" permit, and shall- provide a -final certificate of completion ' once the entire project has been completed. A copy of the construction record drawings, indicating.the facilities constructed in_the phase being certified, shall be :,submitted.with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non -Discharge Permitting .Unit, 1617 Mail Service. Center, Raleigh, NC 27699-16.17. 7.: ; A copy of the construction record drawings; shall be maintained on file by,the Permittee for the life of the wastewater`collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T., the Division's Gravity Sewer Design_ Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track: Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting . materials may subject the Permittee ` to an enforcement action by the Division, in accordance with. North Carolina General Statutes §143' 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours J0 W 0033004 Continental 221 Fund LLC Spring Q Asheville -Gravity. Buncombe County. May 12. 2008 or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300.1 Persons reporting any of the above "occurrences shall file a spill report by. completing Part l of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem rdoes not recur. Per Condition. 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit -issued this the 1-2th -day-of -May-, 2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION or tolien H. Sullins, Director Division. of Water Quality By Authority of the Environmental Management Commission Permit Number.WQ0033004 3 ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: approximately 1,550 linear feet of 6-inch diameter gravity sewer and 2,950 linear feet of 8-inch diameter gravity sewer Complete and submit. this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for'any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended --- that this -certification --be sent in --a manner that provides proof of receipt by the Division. —-- ENGINEER'S CERTIFICATION ❑ Partial ❑ Final 1, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑periodically, ❑ weekly, ❑ full time) the construction of the above referenced project for the Permittee hereby state that, to the best of my, abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial: compliance of this permit; 15A;NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum'Design`Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump, Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ............. ............. .......................... ................................................ : SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ............... ....................................................... ........................ .......: . The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality May 13, 2008 Mr. Pete Hildebrand 337 Chunn's Cove Road Asheville, North Carolina 28805 Subject: Maintenance of Private Sewers Buncombe County Dear Mr. Hildebrand: You recently inquired as to the Division of Water Quality's position regarding maintenance of privately owned sewers. North Carolina General. Statute 130A-335(a) states that the owner of a home must provide an approved wastewater system. Such a_system may take the form of a private sewer line capable of conveying the collected sewage to the °point of ultimate disposal. It is the Division's expectation that all persons using a privately -owned -. sewer system involve themselves in any required maintenance should that system , experience an obstruction. Failure to restore a failed system to proper operation: places:a person, using that system, in violation of North Carolina General Statute 130A=335(a) I trust that I have sufficiently answered your question. Should you need to discuss this matter in greater detail please do not hesitate to call me at (828) 296-4500. Sincerely, Roy M. Davis Environmental Engineer Xc: Mike Butler, MSD GAWPDATA\DEMWQ\Buncombe\MSD Collection System\Pete Hildebrand Letter.08.doc No thCarolina Naturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828) 299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper O� Mr. Norman L. Brenden Asheville Retirement Residence, LLC 6715 NE 63rd Street Suite 468 Vancouver, Washington 98661 Dear Mr. Brenden: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office May 13, 2008 Subject: Permit No. WQ0033007 Asheville Retirement Residence, LLC Asheville Retirement Residence Wastewater Collection System Extension Buncombe County In accordance with your application received on. April 21, 2008 we are forwarding herewith Permit No. WQ0033007, dated May 13, 2008, to Asheville Retirement Residence, LLC: for the ; construction and operation of the subject wastewater collection system extension. This permit. shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and .is incorporated, - therein by reference. Please send Roy Davis a copy of the "notice to proceed" issued: to your. , contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which requires that the ;:wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system -wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina -licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as -constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143- 215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70, Swannanoa, NC 28778 Telephone (828) 296-4500 Fax (828) 299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50% recycled/10% post -consumer paper Asheville Retirement Residence; LLC May 13, 2008 Page 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to Asheville Retirement Residence, LLC for the continued operation of 225 linear feet of 6-inch diameter gravity sewer and to construct and operate approximately 136 linear feet of 6-inch diameter gravity sewer to serve the Asheville Retirement Residence and the discharge of 15,200 gallons per day of collected domestic wastewater into the Metropolitan Sewerage District of Buncombe County's (MSD) existing sewerage system, pursuant to the application received on April 21, 2008 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the MSD's.Wastewater Treatment Facility (Permit No. NCO024911) prior to being discharged into the receiving stream. Construction of the subject wastewater collection system shall not commence until approval for the construction and operation of these sewers has been obtained from the Metropolitan; Sewerage District of Buncombe County. 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 15QB of:North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714,Mail Service j Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shallzbe4inal and :. binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely; for Coleen H. Sullins, Director Division of Water Quality cc: Buncombe County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NCO024911) Mark C. Matasic, PE MSD Surface Water Protection Section Central Files PERCS G:\WPDATA\DEMWQ\Buncombe\MSD Collection System\WQ0033007-Asheville Retirement Residence.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES ASHEVILLE RETIREMENT RESIDENCE, LLC ASHEVILLE RETIREMENT RESIDENCE WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT NUMBER WQ0033007 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities arei constructed in ' accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as -applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations .and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described ..in the,. application and other supporting data. 3. .The .wastewater collection `facilities shall' be properly maintained and operated at all °:times.:, The Permittee shall maintain compliance with an individual system -wide collection system permit for. the operation and maintenance of these facilities as required by '15A NCAC 2T .0403-1 If an 1ndividual., _ permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .. .0403: a. The sewer system shall be effectively maintained and operated at all times'` to prevent discharge to land or surface waters,. and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 213 .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High -priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. 1 May 13, 2008 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations, permitted as part of this project shall be received from a North Carolina -licensed' Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T the Division's Gravity Sewer Design Criteria adopted February12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials.' If this. project is to be .'completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final s certificate of completion once .the: entire project has ,been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with, each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting .design calculations to the Non-DischargerPermitting �J Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee far the life: of the wastewater collection facilities: 8. Failure to abide by the conditions and limitations contained. in this permit; 15A NCAC 2T:; :the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable;, the: Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force. Mains adopted June,1,, 2000 as applicable; and, other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with 'North Carolina General. Statutes §143-r- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213.0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours 2 , NO. WQ0033007, Asheville Retirement Residence, LLC, Asheville Retirement Residence, Buncombe Co. 13, 2008 or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or, (919) 733-3300.Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the'SSO was beyond control. - Permit issued this the 13th day of May, 2008 NORTH.CAROLINA'ENVIRONMENTAL MANAGEMENT COMMISSION for Cole H. Sullins, Director Division 'of Water Quality By Authority of the Environmental Management Commission Permit Number;WQ0033007 3 May 13, 2008 ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: continued operation of 225 linear feet of 6-inch diameter gravity sewer and the construction and operation of 136 linear feet of 6-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record. drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. - This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division., Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. .- ENGINEERS CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer; in the State of North Carolina, having been authorized to observe (❑ periodically, E weekly, ❑ full time) the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15ANCAC 2T;`the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria. adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ............................................ SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 .................................................................................................... The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. \NAB Michael F. Easley, Governor �p William G. Ross Jr., Secretary Q 6 North Carolina Department of Environment and Natural Resources p >_ Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office May 13, 2008 Mr. Greg Edney Northwest Property Group-Biltmore # 1, LLC Post Office Box 537 Skyland, North Carolina 28776 Subject: Permit No. WQ0033009 Northwest Property Group-Biltmore # 1, LLC Forest Manor Office Complex Wastewater Collection System Extension Buncombe County Dear Mr. Edney: In accordance with your application received on April 18, 2008 we.are forwarding herewith Permit No. WQ0033009, dated May 13, 2008, to Northwest Property Group-Biltmore # 1, LLC for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the "notice to proceed" issued .to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T 0403 or any individual system -wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum. Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by, the North Carolina -licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as -constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143- 215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70, Swannanoa, NC 28778 Telephone (828) 296-4500 Fax (828) 299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50% recycled/10% post -consumer paper Northwest Property Group-Biltmore # 1, LLC 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 Northwest Property Group-Biltmore # 1, LLC to construct and operate approximately 699 linear feet of 6-inch diameter gravity sewer to serve the Forest Manor Office Complex and the discharge of 16,500 gallons per day of collected domestic wastewater into the Metropolitan Sewerage District of Buncombe County's (MSD) existing sewerage system, pursuant to the application received on April 18, 2008 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast - Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the MSD's Wastewater Treatment Facility (Permit No. NCO024911) prior to being discharged into the receiving, stream. Construction of the subject wastewater collection system shall not commence until approval for the construction and operation of these sewers has been obtained from the Metropolitan Sewerage District of Buncombe County. 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 1.50B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 .Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500'. Sincerely, for Coleen H. Sullins,. Director Division of Water Quality cc: Buncombe County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NCO024911) Gene D. Hinkle, PE MSD Surface Water Protection Section Central Files PERCS GAWPDATA\DEMWQ\Buncombe\MSD Collection System\WQ0033009-Forest Manor.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES NORTHWEST PROPERTY GROUP-BILTMORE # 1, LLC FOREST MANOR OFFICE COMPLEX WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT NUMBER WQ0033009 This permit shall be effective from the date.of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities areconstructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as. applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described .i.n the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all.times: The. Permittee shall maintain compliance with an individual system -wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. Jf anJndividual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times" to prevent discharge to land or surface waters, and any contravention of the groundwater standards in . 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 213.0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High -priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 213 .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. 1 Permit NO W00033009 Northwest Property Group-Biitmore # 1 Forest Manor Office. Buncombe Co.. May 1 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina -licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 19.96 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of 7 Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to, -track further construction approved under the same permit, and. shall provide a final certificate of . completion once the entire project has been completed. A copy of the construction record drawings,. indicating the facilities constructed. in the phase being certified, shall be submitted .with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non -Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of,the construction record drawings shall be maintained on file by the Permittee,for the life of the wastewater collection facilities.' 8. Failure to `abide by the conditions and limitations contained in this permit; 15A NCAC .2T the .'Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable;: the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Forceta/,lains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee Ac, an enforcement action by the Division, in accordance with North Carolina General Statutes §143 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213.0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours 2 ,t NO. WQ0033009, Northwest Property Group-Biltmore # 1. Forest Manor Office, Buncombe Co., May 13, 2008 or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that -. the problem does;not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 13th day of May, 2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 3 Permit NO. WQ0033009. Northwest Property Group-Biltmore # 1. Forest Manor Office, Buncombe Co.. May 1s. ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: approximately 699 linear feet of 6-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, F� weekly, ❑ full-time) the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due.care and diligence was used in the observation of the, construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design::Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track'Permitting °of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ................................._................................................................. The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION May 13, 2008 Mr. Danny McIntosh, Mayor Town of Burnsville Post Office Box 97 Burnsville, North Carolina 28714 Subject: Town of Burnsville Wastewater Treatment Plant Upset NPDES Permit Number NCO020290 Yancey County Dear Mr. McIntosh: This morning this Office received a report that an influent composite sample being collected today at the Burnsville. Wastewater Treatment Plant had pH of 4.2. The Town's treatment plant cannot recover so long as it continues to get hit by these low pH slugs. The Town must identify the source of this low pH waste stream and get it out of the system quickly. A pH with a value of < 5 is in violation of the Town's Sewer Use Ordinance. We` have also received information that the Town continues to accept septage and porta-john waste at an unsupervised site Until such time as the Town restores the wastewater treatment plant to full operation it is recommend that the Town cease accepting this type waste. The problems which Burnsville is experiencing at its wastewater treatment plant are of great concern to us for the reason that it may be related to the mortality of elktoe mussels and other aquatic species in the Cane River. We will be reviewing the details of this incident to determine whether civil penalties relating to possible effluent limits, water quality standards or pretreatment program violations are appropriate. Additionally we will consider whether we should seek recovery of investigative costs relating to the wildlife kill and cost of damages. The North Carolina General Statutes provide Civil Penalties up to $25,000 per violation of environmental regulations with each day considered a separate violation. NthCarolina Noatkra!!rf 2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 I ask that the Town of Burnsville continue to keep Roy Davis and Don Price of this office informed as to wastewater treatment plant recovery or setbacks. The problem with the upset condition at the Town's wastewater treatment plant and mortality of wildlife species in the Cane River is very serious and of great concern. Please do not hesitate to call us at the Asheville Regional Office any time we may be of assistance. Sincerely, IRk4 C� Roger C. Edwards, Regional Supervisor Surface Water Protection cc: Tom Storie, Town of Burnsville Mark Hale Steve Fraley, NC Wildlife Keith Haynes Don Price Roy Davis GAWPDATA\DEMWQ\Yancey\Cane River Mussel Kill\WWTP Upset2.doc WA��R Michael F. Easley, Governor aJF William G. Ross Jr., Secretary 15 North Carolina Department of Environment and Natural Resources � Coleen H. Sullins, Director p -c Division of Water Quality Asheville Mr. Timothy Barth, Town Manager Town of Maggie Valley 3987 Soco Road Maggie Valley, North Carolina 28751 AFIVATINOs Subject: Permit No. WQ0033017 Town of Maggie Valley Acorn Ridge Wastewater Collection System Extension Haywood County Dear Mr. Barth: In accordance with your application received on May 5, 2008 we are forwarding" herewith Permit No. WQ0033017, dated May'14, 2008 to the Town of Maggie Valley forthe construction and operation of the subject wastewater collection system extension.. =Thais: 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 conside"red a part of ... this permit and is incorporatedtherein by. reference. Please send a copy of the;eontractor's Notice to Proceed to Roy Davis when you begin construction of this collection system . extension. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with -:15A ", NCAC 2T .0403 or any individual system. -wide collection system permit issued to the Perrnittee Permitting of this project does not constitute an acceptance of any part of` the project that does not meet 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina -licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as -constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143- 215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70, Swannanoa, NC 28778 Telephone ,(828) 296-4500 Fax (828) 299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50% recycled/10% post -consumer paper Nne orthCarolina Naturally Town of Maggie Valley Page 2 May 14, 2008 In accordance with the provisions of Article 21 of Chapter 143 General Statutes of North`.. Carolina permission is given to the Town of Maggie Valley to construct 775 linear feet of 8-inch diameter gravity sewer to serve Acorn Ridge and the discharge of 1,920 gallons per day of additional wastewater into the Town of Maggie Valley's existing sewerage system, pursuant to the application received on May 5, 2008 and in conformity with 15A NCAC 2T .0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. All sewage and wastewater collected by this system shall be treated in the Town of Maggie Valley's Wastewater Treatment Facility (Permit No. NC0056561) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable,, you G:\WPDATA\DEMWQ\Haywood\Maggie Valley Collection System\W00033017- Maggie Valley- Acorn Ridge.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TOWN OF MAGGIE VALLEY ACORN RIDGE HAYWOOD COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0033017 This permit;shall be effective from the date of issuance until rescinded and shall be subject to: the , following specified conditions and limitations: 1. This permit shalt become voidable unless the wastewater collection facilities are constructed in accordance,with Ahe conditions of this permit; 15A NCAC ..0200, the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 asFapplicable; the Division's .Minimum Design Criteria ,for the Fast -Track Permitting of Pump Stations....and Force Mains,adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned `herein. 2. -This permit shall be effective only with' respect toj the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at altrtimes. The Permittee shall maintain compliance with an individual system -wide collection system permit for the operation and maintenance of these facilities 'as required by 15A' NCAC 2T .0403. .If:_an individual permit is not required, the following performance criteria shall be met as provided in,15A NCAC 2T .0403: a. The sewer system shall be effectively, maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. ` c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High -priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations.for any pump stations permitted as, part of this project shall be received from a North Carolina -licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted�february 12; 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump. Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially, certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of ;completion 'once,, the entire project has been completed. A copy of the construction.1 record drawings,, indicating the facilities constructed in the phase being certified, shall be..submitted:with: each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings, ,and one copy of the supporting design calculations to the Non-DischargePermitting Unit, 1617 Mail Service, Center, Raleigh, NC 27699-1617. ` 7. A copy-ofthe construction record drawings; shall,.be maintained on file by the Permittee, for the life of the wastewatercollection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; .1.5A NCAC •2T:.0200; the ; ' Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable;,'the Division's; Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force, Mains: adopted June 1, 2000 as applicable;' and other supporting 'materials may subject the Permittee .to pan: enforcement action by'the Division, in accordance with North Carolina General Statutes- §143, •21-56A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours No. W00033017. Town of Maggie Valley, Acorn Ridge, Haywood Co., May 14. 2008 or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. 3 ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: 775 linear feet of 8-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required: for any changes resulting in non-compliance with this permit, regulations or . minimum design criteria. This project shall ,not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended. . that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Par tial - ❑Final I, as a duly registered Professional :Engineer in the State of North Carolina, having been authorized to observe'([] periodically, ❑ weekly, ❑ full time) the construction of the above referenced project for the Permittee:hereby state. that, to.the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be builtwithin substantial�compliance of this permit; 15A NCAC 2T .0200; the. Division of Water Quality's; (Division) Gravity Sewer Minimum Design Criteria adopted'Fe6r6'ary'12,.1996 as applicable the Division's Minimum Design Criteria for. fihe Fast -Track'' . Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. 4ti LAG-1 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources J Coleen H. Sullins, Director Division of Water Quality May 14, 2008 Henderson County DWQ Project No. 080619 NCSR 1793 (Tracy Grove Road) APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. J. B. Setzer, P.E. Division 14 Engineer N C Department of Transportation 253 Webster Road Sylva, North Carolina 28779 Dear Mr. Setzer: You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in four (4) unnamed tributaries to Devils Fork Creek, for the purpose of making improvements to NCSR 1793 (Tracy Gove Road) in Henderson County: Stream Impacts in the French Broad River Basin NCSR 1793 Site Permanent Streambank Permanent Fill in Temporary Total Stream Stream Fill in Protection in Perennial Stream Dewatering in Impact Impacts Intermittent Perennial Stream (linear ft) Perennial Stream (linear ft) Requiring Stream (linear (linear ft) (linear ft) Mitigation ft (linear ft 1- STA. 5 0 0 80 85 0 78+12 2 - STA. 0 0 10 80 90 0 83+93 3- STA. 0 0 0 250 250 0 117+00 313 - STA. 0 0 0 0 0 0 115+12 to 117+00 4 - STA. 10 0 0 110 120 0 130+86 Total 15 0 10 520 545 0 Total Stream Permanent Impact for Project: 25 linear feet. Temporary impact for.Project: 520 linear feet. The project should be constructed in accordance with your application dated March 31, 2008 (received April 3, 2008), and additional information received by e-mail on April 17, 2008, including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3704, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non -Discharge and Water Supply Watershed regulations. This certification does not authorize the discharge of waste rock and dirt into the stream or riparian zone except for permitted areas associated with the bank stabilization work. NorthCarolina - ' naturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828) 299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer Mr. J. B. Setzer, P.E. May 14, 2008 Page Two This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the firture) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. There shall be no excavation from or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. 3. Adequate sedimentation and erosion control measures must be installed and maintained on the project site to minimize sediment transport to downstream aquatic resources. Temporary cover (wheat, millet or similar annual grain) or permanent herbaceous cover shall be planted on all bare soil as soon as possible following ground disturbing activities. Erosion control mating shall be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas. Matting should be secured in place with staples or wherever possible, live stakes of native trees. Straw mulch and tall fescue shall not be used in riparian areas. 4. Station 115+12 to Station 117+00. The existing pipe will be excavated and replaced. r 5. If multiple pipes or barrels are required, they shall be designed to mimic the natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream shall be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 6. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High Quality Waters (HQW) or Water Supply I or II (WS-I, WS-II), stormwater shall be directed to vegetated buffer areas, grass -lined ditches or other means appropriate to the site for the purpose of pre -treating stormwater runoff prior to discharging directly into streams. Mowing of existing vegetated buffer areas is strongly discouraged. 7. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 8. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 9. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 10. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 11. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 12. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 14. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification 15. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. ,tzer, P.E. z008 nree 16. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 17. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on -site project manager. 18. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 19. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State or Federal law. If DWQ determines that such standards or laws are not being met (including failure to sustain a designated or achieved use) or that State of Federal law if being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification 20. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 21. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, Coleen H. Sullins, Director Division of Water Quality cc: Mark Davis, Division 14, DEO Ed Ingle, Roadside Environmental David Baker, USACE, Asheville Field Office Transportation Permitting Unit Mike Parker, Asheville Regional Office 080619 (Setzer) NCSR 1793 (Tracy Grove Road) Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality SURFACE WATER PROTECTION May 16, 2008 DWQ Project # 08-0246 Burke County Chad Knight The Settings Development Company, LLC 4300 Paces Ferry Road ulte 500-- Subject Property: The Settings at Lake Rhodhiss Development Lake Rhodhiss Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Knight: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.30 acres of open water for the purpose of dredging for water craft access at the subject property, as described within your application received by the N.C. Division of Water Quality (DWQ) on April 11, 2008. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3693 (GC3693). The Certification(s) allows you to use Nationwide Permit(s) RGP 30 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and Catawba Buffer Rules regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you. to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved Asheville Regional Office 2090 US Highway 70, Swannanoa, NC 28778 Phone: 828-296-45001 FAX 828-299-7043 13:1WPDATAIDEMWQIBu rke1401 s108-0246.Ver2.SettingsAtLakeRhodh iss.Approval.doc NorthCarolina Naturally An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Settings of May 16; The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Waters 0.30 (acres) Application 2. Erosion & Sediment Control Practices Erosion _and -sediment dan-t-rol practi-ce-s-must-_be—in-ull--compliance-with all_— -- specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the . requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. For borrow pit, sites, the erosion and sediment control measures must be< designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas- beyond the footprint of the impacts depicted in the Pre -Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the Settings of Lake Rhodhiss Page 3 of 4 May 16, 2008 natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, .1650 Mail Service Center, Raleigh, NC, 27699-1650 6. Diffuse Flow All return water from upland disposal sites shall be directed and maintained as diffuse flow at non -erosive velocities through the protected buffers such that it will not re -concentrate before discharging into Lake Rhodhiss. . 7. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded outside of the dredging area or in the return water discharged to Lake Rhodhiss as described in 15 A NCAC 2B. .0200. Appropriate sediment and erosion control practices must be used to meet this standard. This shall include hanging curtains around the dredging equipment, as necessary to prevent turbidity tome measurable beyond the scope of the activity, as discussed via e- mail. 8. No Impacts Beyond those in Application No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre - construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, Settings of Lake Pa, g.. May 16, . N.C. 27699-6714. This certification and its conditions are final and binding unless you, ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-733-9721 or Kevin Barnett in the DWQ Asheville Regional Office at 828-296-4657. _ _Sincerely,- Coleen H. Sullins, Director Division of Water Quality CHS1khb Enclosures: GC 3693 Certificate of Completion cc: Clement Riddle, ClearWater Environmental Consultants, Inc. 718 Oakland Street Hendersonville, NC 28791 USACE Asheville Regulatory Field Office DWQ Asheville Regional Office DLR Asheville Regional Office Ron Linville, NC Wildlife Resources Commission File Copy Central Files Filename: 08-0246.Ver2.SettingsAtLakeRhodhiss.Approval `r .9 t.m'`-1 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director 10=02� Division of Water Quality May 16, 2008 Dr. Greg Thorpe, PhD., Manager Project Development and Environmental Analysis North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina, 27699-1548 Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act for Proposed Improvements to US Highway 64 from US 19/74/129 to NC 141 in Cherokee County, Federal Aid Project No. FR-14-1(1), State Project No. 8.1910203, TIP No. R-0977A. DWQ Project No. 2004-1594V.4. Water Quality Certification No. 3487 Dear Dr. Thorpe: Attached hereto is a modification of Certification No.3487 issued to the North Carolina Department of Transportation dated December 21, 2004 and modified November 22, 2005 and June 16, 2006. This modification is applicable only to the additional proposed activities. All the authorized activities and conditions of certification associated with the original Water Quality Certification dated December 21, 2004 and subsequent modifications still apply except where superceded by this Certification. If we can be of further assistance, do not hesitate to contact us. Sincerely, 11 Coleen Sullins, Director Attachments cc: David Baker, USACE, Asheville Field Office J. B. Setzer, Division Engineer, NCDOT Division 14 Kathy Matthews, Environmental Protection Agency Marla Chambers, NCWRC Marella Buncick,USFWS Transportation Permitting Unit Mike Parker, Asheville Regional Office NorthCarolina 041594V 4 (Thorpe) US Highway 64 Relocation WQC 3487 Natimally North Carolina Division of Water Quality Internet: www.ncwaterquality.org 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service FAX (828) 299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer 19 Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS PHIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 92-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500. This certification authorizes the NCDOT to place additional fill material in 0.02 acres of wetlands and in 329 linear feet of streams in the Hiawassee River Basin in Cherokee County. -The project shall be constructed pursuant to the modification request dated April 1, 2008. The authorized impacts are as described below: Table 1-Stream Impacts in the Hiwassee River Basin for R-0977A Site Permanent Fill Temporary Fill Permanent Temporary Fill Total Stream in Intermittent in Intermittent Fill in in Perennial Stream Impacts Stream (If) Stream (If) Perennial Stream (If) Impact Requiring 1._ Stream (If) (11) Mitigation 1 Approved Impacts at 0 0 518 0 518 518 Site 5A Change in Impacts with 0 0 131 30 161 131 this Approval at Site 5A Total Impacts at Site 5A 0 0 649 30 679 649 Approved Impacts at 0 0 1,598 0 1,598 1,598 Site 11 Change in Impacts with 0 0 123* 10 133 123* this Approval at Site 11 Total Impacts at Site 11 0 0 1,721 10 1,731 1,721 I Impacts at Site 16B 0 0 20 0 20 0 (new site) Approved Impacts at 0 0 151 0 151 151 Site 19 Change in Impacts with 0 0 5 10 15 5** this Approval at Site 19 Total Impacts at Site 19 0 0 156 10 166 156 Total 0 0 2,546 50 1 2,596 2,526 Total Additional Stream Impact for Project: 329 linear feet. *Site 11-135 linear feet of impact due to stream restoration minus 12 linear feet of pipe removal. A total of 147 linear feet of on -site stream relocation will be conducted using natural channel design. **Site 19-Relocating pipe upstream resulting in 120 linear feet of impact. Restoring 115 linear feet of stream thus 5 linear feet of net impact and 5 linear feet of additional mitigation required. Table 2-Wetland Impacts in the Hiwassee River Basin for R-0977A (Riverine) Site Fill Fill Excavation Mechanized Hand Area under Total (ac) (temporary) (ac) Clearing Clearing Bridge Wetland ac (ac) (ac) (ac) Impact (ac) Approved Impacts at 0.02 0.01 0.03 Site 19 Total 0.02 0.01 0.03 Total Additional Wetland Impact for Project: 0.03 acres. The application provides adequate assurance that the discharge of fill material into the waters of the Hiwassee River Basin in conjunction with the proposed construction will not result in a violation of applicable Water Quality Standards and discharge guidelines. There, the State of North Carolina certifies that this activity will not violate the applicable portions of Section 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. This approval is only valid for the purpose and design that you submitted in your modified application dated Apr., 2008 and received April 22, 2008. All authorized activities and conditions of certification associated with the origin,, Water Quality Certification dated December 21, 2004 and modifications dated November 22, 2005 and June 16, 2006; ., still apply except where superseded by this certification. Should your project change, you are required to notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If any additional wetland impacts or stream impacts for this project (now or in the future) exceed one acre or 150 linear feet, respectively, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed below. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non - Discharge and Water Supply Watershed regulations. This Certification will expire on the same day as the expiration date of the corresponding Corps of Engineers Permit. Condition(s) of Certification: 1. All other conditions written into previous Water Quality Certifications dated December 21, 2004, November 22, 2005 and June 16, 2006 for this project still apply. 2. An additional cross vane shall be installed at Site 22 with no additional impacts. 3. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, this Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on -site project manager. 4. Compensatory mitigation for impacts to 259 linear feet of streams at a replacement ratio of 1:1 is required. Compensatory mitigation for impacts to jurisdictional streams shall be provided by onsite stream relocations of 147 linear feet of stream. The onsite stream relocation shall be constructed in accordance with the design submitted in your April 1, 2008 application. Please be reminded that as-builts for the completed streams shall be submitted to the North Carolina Division of Water Quality 401 Wetlands Unit with the as-builts for the rest of the project. If the parameters of this condition are not met, then the permittee shall supply additional stream mitigation for the 147 linear feet of impacts. 5. Compensatory mitigation for the remaining 112 linear feet (259 if - 147 if = 112 If) of impact to streams is required. We understand that you have chosen to perform compensatory mitigation for impacts to streams through the North Carolina Ecosystem Enhancement Program (EEP) and that you will forward a copy of the acceptance letter from EEP to the Division of Water Quality. Acceptance of these impacts by EEP will satisfy.the Federal Clean Water Act compensatory mitigation requirements for the above -referenced project, in accordance with the Tri-Party MOA signed on July 22, 2003 and the Dual -Parry MOA signed on April 12, 2004. No construction related to this modification shall begin prior to this office receiving the acceptance letter from EEP. 6. All channel relocations will be constructed in a dry work area and stabilized before stream flows are diverted. Channel relocations will be completed and stabilized, and must be approved on site by DWQ staff, prior to diverting water into the new channel. Whenever possible, channel relocations shall be allowed to stabilize for an entire growing season. Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30-foot wide wooded and an adjacent 20-foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practicable. A transitional phase incorporating coir fiber and seedling establishment is allowable. Also, riprap may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of riprap coverage area. 7. The permittee shall visually monitor the vegetative plantings to assess and ensure complete stabilization of the mitigation stream segments. The monitoring shall be conducted annually for a minimum of 3 years after final planting. Photo documentation shall be utilized to document the success of the riparian vegetation and submitted to DWQ in a final report within sixty (60) days after completing monitoring. After 3 years the NCDOT shall contact the DWQ to .schedule a site visit to "close out" the mitigation site. 8. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. F- 9. The permittee 'and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State or Federal law. If DWQ determines that such standards or laws are not being met (including failure to sustain a designated achieved use) or that State of Federal law if being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification. Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of ,scovery. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 16t" day of May 2008 DIVISION OF WATER QUALITY t Coleen Sullins Director WQC No. 3487 AT Michael F. Easley, Governor QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality May 19, 2008 DWQ Project # N/A Cherokee County CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Lok K. Kong PO Box 756 Murphy, NC 28906 7002 0460 0001 9899 7910 Subject: Return of Application Package Kong Property Dear Mr. Kong: On May 7, 2008, the Division of Water Quality (DWQ) received your application dated May 5, 2008 for the above referenced project. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. Additional information will be required in order to process your application to impact protected wetlands and/or streams on the subject property. Reasons for Return: 1) Application fee not enclosed: For projects impacting less than one acre of wetlands and less than 150 linear feet of streams, a fee of $240.00 is required. 2) Improper delivery of application packet: All requests for a 401 certification require the . submission of five (5) application sets and appropriate fees to be sent to the following address: 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 3) Required items missing in the application packet: In addition to the completed PCN Form, you should also include the following: • A cover letter explaining your project. • A vicinity map and a site map (to scale) depicting all the proposed impact areas. Note: Scale must be 1 inch = 50 feet or larger (e.g., 1 inch = 30 feet). NorthCarolina Natura!!rff North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828) 299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Mr. Kong May 19, 2008 Page • Any supporting documentation available, such as correspondence received from the Corps of Engineers or photographs. • A site plan (note, DWQ can accept full size plan sheets). • All additional information requested within the PCN Form. This letter does not authorize any impacts to wetlands, waters or protected buffers. Please call Ian McMillan at 919-733-1786 or Linda Wiggs of the Asheville Regional Office at 828-296- 4500, if you have any questions regarding this matter. Sincerely, U Roger C. Edwards Regional Supervisor Surface Water Protection Section Enclosures: PCN cc: Asheville Regional Office USACE Asheville Regulatory Field Office Cyndi Karoly, 401 Oversight/Express Review Permitting Unit Central Files G:\WPDATA\DEMWQ\Cherokee\Stormwater Construction NCG01\K0NG\Incomplete Application Letterrev1.doc r WA TF J 9Q Michael F. Easley, Governor ap William G. Ross Jr., Secretary t North Carolina Department of Environment and Natural Resources `, G 'C Coleen H. Sullins, Director Division of Water Quality May 19, 2008 DWQ Project # 08-0546 Avery County CERTIFIED MAIL: RETURN RECEIPT REQUESTED 7002 0460 0001 9899 7927 Anne Winkleman 315 Lazy Bear Trail Valle Crucis, North Carolina 28691 Subject Property: Winkleman — Buckeye Road Property Beech Creek, Avery County REQUEST FOR MORE INFORMATION Dear Mrs. Winkleman: On April 11, 2008, the Division of Water Quality (DWQ) received your application to impact 0.089 acres of wetlands to construct the proposed impoundment on your property. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. 15A NCAC 02H .0506 (b)(4) requires that any project not result in cumulative [or secondary] impacts. As part of the submitted information states that the road will be upgraded to 16 feet wide (such as a subdivision road), a qualitative analysis of cumulative impacts must be performed in accordance with http://www.ncwatergualitV.org/ncwetlands/documents/interiminternalPolicyCumulativeimp act.doc 2. 15A NCAC 02H .0506 (f) requires that"a lack of practical alternatives" be demonstrated. While alternative sites have been discussed in your application, no discussion in regards to developing the project without the impoundment, or a significantly reduced impoundment (or offline impoundment), has been presented. A discussion regarding practical alternatives with respect to a reduction of impacts must be presented. 3. 15A NCAC 02H .0506 (g) requires a demonstration of minimization of impacts. As discussed in item number 2, impact minimization has not been sufficiently addressed. A discussion regarding the minimization of impacts must be presented. NorthCarolina NaturallY North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828) 299-7043 1-877-623-6748 GAWPDATA\DEMWQ\Avery\401 s\08-0546.Winkleman-BuckeyeRoadProperty.Add-Info.doc An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Winkleman — Buckeye Roat\ Pay, May 19 Please respond before June 13, 2008 by sending this information to both the 401 Permitting Unit at: Mrs. Cyndi Karoly 401 Permitting Unit 1650 Mail Service Center Raleigh, NC 27699-1650 and to the Asheville Regional Office at: Kevin Barnett Surface Water Protection Section 2090 US HWY 70 Swannanoa, NC 28778 If we do not hear from you before June 13, 2008, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Mr. Kevin Barnett at 828-296-4657 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, RV Roger C. Edwards, Regional Supervisor Division of Water Quality Surface Water Protection Section RCE/khb cc: John Vilas, ENV-ECS, Inc 643 Greenway Road, Suite K-3 Boone, NC 28607 401 Permitting Unit, Central Office USACE Asheville Regulatory Field Office Ron Linville, Wildlife Resources Commission File Copy Central Files Filename: 08-0546.Winkleman-BuckeyeRoadProperty.Add-Info Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality May 19, 2008 Mr. Lee T. Huffman Huffman Finishing Company Post Office Box 170 Granite Falls, North Carolina 28630 Subject: Compliance Evaluation Inspection Huffman Finishing Company Wastewater Treatment Plant NPDES Permit Number NCO025135 Caldwell County Dear Mr. Huffman: Attached is the report resulting from the Wastewater Treatment Plant Compliance Evaluation Inspection that I conducted on May 9, 2008 at Huffman Finishing: Company. found the wastewater treatment plant to be well operated and adequately maintained. Shufford Wise is doing a fine job of operating the plant. My comment regarding maintenance of the wastewater treatment plant is based upon the amount of rusted steel seen. The NPDES permit for the Huffman Finishing Company wastewater treatment plant. specifically mentions "auxiliary power" The emergency power generator at the wastewater treatment plant is, by all appearances, not operable. Please restore the generator to an operable condition, put it under a routine maintenance program; and inform me how the generator would be used in event of a prolonged power outage. I am particularly interested in knowing how it could be used to preserve a viable activated sludge in the event of such a power outage. I look forward to hearing from you. Should you have need to discuss these matters with . me, please do not hesitate to call me at (828) 296-4659. Sincerely, 1 Roy M. Davis Environmental Engineer Xc: Shufford Wise, ORC Surface Water Protection Section Central Files GAWPDATA\DEMWQ\Ca1dwe11\25135 Huffman Finishing\Inspection Cover Letter.08.doc oOe Carolina NNaturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828) 299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper United States Environmental Protection Agency Form Approved. CPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO025135 111 121 08/05/09 117 18f CI 19I SI 20' I Remarks 21IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------------------------- Reserved ---------------------- 67 I 169 70 15 I 711 I 721 NJ 73 W 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:00 AM 08/05/09 06/01/01 Huffman Finishing Exit Time/Date Permit Expiration Date 4919 Hickory Blvd Granite Falls NC 28630 11:00 AM 08/05/09 i'10/01/31 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 Lee T Huffman,PO Box 170 Granite Falls NC 28630//828-396-1741/ No Section C: Areas Evaluated During. Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance RecordslReports 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 Roy M Davis ARO WQ//828-296-4500 Ext.4659/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO025135 I11 12I 08/05/09 I17 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Wastewater treatment plant serving Huffman Finishing is being well operated and adequately maintained. Shufford. Wise is the contract operator. Plant maintenance is carried out by Huffman personnel. Stand by emergency power generator received no maintenance. Page # 2 Permit: NCO025135 Owner - Facility:. Huffman Finishing ,pection Date: 05/09/2008 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ Q ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ O Q 0 Judge, and other that are applicable? Comment: MLSS Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Q Q S Is the facility as described in the permit? n n # Are there any special conditions for the permit? fl ® Q n Is access to the plant site restricted to the general public? ■ °n n 'n Is the inspector granted access to all areas for inspection? 11 -n fl Comment: Sludge thickner not used,, generator may not be operable. Flow Measurement - Influent ;Yes .No NA ,NE - # Is flow meter used for reporting? - �1'' ❑ Q `, Is flow meter calibrated annually? Is the flow meter operational? (If units are separated) Does the chart recorder match the flow meter? n fl Comment: Calibrated 09/26/2007 Aerobic Digester . _, ales rNo. NA -NE Is the capacity adequate? Is the mixing adequate? Is the site free of excessive foaming in the tank? C1, o o # Is the odor acceptable? WO 0 Q # Is tankage available for properly waste sludge? n n n Comment: Wasted sludge land applied. Bar Screens Yes No NA NE Type of bar screen a.Manual 171 b.Mechanical Are the bars adequately screening debris? 0 Q Is the screen free of excessive debris? Cl n 0 Page # 3 Permit: NCO025135 Owner -Facility: Huffman Finishing Inspection Date: 05/09/2008 Inspection Type: Compliance Evaluation Bar Screens Yes No NA NE Is disposal of screening in compliance? ■ Cl n Cl Is the unit in good condition? ■ n n n Comment: Trash screen was removed long ago, influent passes through a vibrating lint screen which does an excellent job of lint removal. Oxidation Ditches Yes No NA NE Are the aerators operational? ■ n n n Are the aerators free of excessive solids build up? ■ n n n # Is the foam the proper color for the treatment process? ■: ❑ n n - Does the foam coverless than 25% of the basin's surface? ■ D ❑ n Is the DO level acceptable? : 'fl Q `n ■ ' Are settleometer results acceptable (> 30 minutes)? Is the DO level ac6epta6le?(1.0 to 3.0 mg/1) !� ❑ ".❑ ■ Are settelometer results-acceptable?(400 to 800 mill in 30 minutes) ■ n rn n Comment:.. Secondary Clarifier yes No, <.Na".NE Is the clarifier free ofblack and'odorous wastewater?' .�■ n n -.' Is the site free of excessive buildup of solids in center well of circular clarifier? ■ Cl: U n Are weirs level? ■ nnn.. — — Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? :.■. n.n ' Is scum removal "adequate? n (_l.. ■ n ', Is the site free of excessive floating sludge? ■ n ❑ ❑ Is the drive unit operational? ■ n n n Is the return rate acceptable (low turbulence)? ■ ❑ n Is the overflow clear of excessive solids/pin floc? ■ ❑ n n Is the sludge blanket level acceptable? (Approximately'/4 of the sidewall depth) ■ n n n Comment: Scum removal system was taken out of service due to icing problems. Disinfection -Gas Yes No NA NE Are cylinders secured adequately? ■ n n n Are cylinders protected from direct sunlight? n ■ Q nl Page # 4 Permit: NG0025135 Owner -Facility: Huffman Finishing .spection Date: 05/09/2008 Inspection Type: Compliance Evaluation Disinfection -Gas Yes No NA NE Is there adequate reserve supply of disinfectant? ■ n n n Is the level of chlorine residual acceptable? ■ n n n Is the contact chamber free of growth, or sludge buildup? ® n n n Is there chlorine residual prior to de -chlorination? ® Cl ❑ n Does the Stationary Source have more than 2500 Ibs of Chlorine (CAS No. 7782-50-5)? n ■ n n If yes, then is there a Risk Management Plan on site? n n ■ n If yes, then what is the EPA twelve digit ID Number? (1000- - ) NA If yes, then when was the RMP last updated? Comment: -Ten chlorine cylinders on site. De -chlorination Yes -No NA NE Type of system ? Liquid.,, . Is the feed ratio proportional to chlorine amount (1 to 1)? Is storage appropriate for cylinders? - :. n. n ■ "n " # is de -chlorination substance stored away from chlorine containers? ® n n Comment: Dechlorination- sodium sulfite. Are the tablets the proper si7,e and type? n n:-■ n Are tablet de-chlorinatgrs operational? Number of tubes in use?: Comment: NA Effluent Pip e Yes ,No. NA NE Is right of way to the outfall properly maintained? ■ n n n Are the receiving water free of foam other than trace amounts and other debris? ■ n n n If effluent (diffuser pipes are required) are they operating properly? n n ■ n Comment: Leland cypress will soon block passage of vehicle to effluent outfall. Standby Power Yes No NA NE Is automatically activated standby power available? n ■ n n Is the generator tested by interrupting primary power source? n ■ n n Is the generator tested under load? ❑ ■ n n Was generator tested & operational during the inspection? n ■ n n Do the generator(s) have adequate capacity to operate the entire wastewater site? n ■ n n Page # 5 Permit: NC0025135 Owner -Facility: Huffman Finishing Inspection Date: 05/09/2008 Inspection Type: Compliance Evaluation Standby Power Yes No NA NE Is there an emergency agreement with a fuel vendor for extended run on back-up power? o ■ n n Is the generator fuel level monitored? n ■ ❑ n Comment: Generator is left over from earlier WWTP, is not readily operable, and is not maintained. Page # 6 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality May 19, 2008 Michael Springman 1608 Harbour Drive Merritt Island, FL 32952 Subject: Follow-up to Notice of Violation and Recommendation for Enforcement NOV-2007-PC-0559 Transylvania County Dear Mr. Springman: The Division of Water Quality (DWQ) has received your stream restoration plans from Terry E. Allen regarding the Notice of Violation and Recommendation for Enforcement (NOV- 2007-PC-0559) dated August 31, 2007. DWQ has reviewed the information provided. The reviewed stream restoration plans represent adequate remediation for removal of the earthen dam, natural channel design restoration of Garren Creek and its riparian buffer (Trout Buffer) on your property. The North Carolina Wildlife Resources Commission noted concerns about downstream sediment in Garren Creek. Sediment removal from the stream channel will be required following stream restoration activities. Please contact Linda Wiggs with the scheduled date restoration activities are to begin, as well as for approval of subsequent sediment removal efforts. This letter in no way precludes this Office for taking action on this or any other violation. Violations are subject to civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Linda Wiggs or myself at (828) 296-4500. Sincerely, / Roger C. Edwards Surface Water Protection Section Regional Supervisor cc: Asheville Regional Office File Copy DWQ Central Files NPS Assistance and Compliance Oversight Unit Wetlands 401 Unit US Army Corp of Engineers NCWRC-Dave McHenry North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828) 299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Transylvania\Stormwater Construction NCG01\Springman-NCR000430\springmanNOV Response.doc An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper CERTIFIED MAIL RETURN RECEIPT REQUESTED Mike Zyboyovski MTF, LLC 8 Ridge Road Asheville, NC 28801 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mike Zyboyovski Beaverdam Land Conservancy, LLC 8 Ridge Road Asheville, NC 28801 CERTIFIED MAIL RETURN RECEIPT REQUESTED Tom Daniels Omni Consultant Services, Inc. PO Box 2486 Peachtree City, Ga. 30269 Dear Sirs: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources May 19, 2008 7002 0460 0001 9899 7880 7002 0460 0001 9899 7897 7002 0460 0001 9899 7903 Subject: Site Inspection Bartram's Walk — Phase 1 Buncombe County Coleen H. Sullins, Director Division of Water Quality Buncombe County Erosion and Sedimentation Control, Buncombe County Stormwater, along with members of the NC Division of Water Quality performed a site visit on April 28, 2008 on the Bartram's Walk project located along Wolfe Cove Road in Buncombe County, North Carolina. As a result of that visit, several items were noted which cause additional concern for this office: • Continued grading in Waters of the State has occurred since the April 8, 2008 site meeting with your consultant, Ryan Hendron. Specifically, the stream origin located during the April 8, 2008 meeting, just below the upper most road, has been filled with earthen material. • Grading continues onsite leading to discharges of soil material to streams (re-routed or in natural position in landscape). North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828) 299-7043 1-877-623-6748 No"rthCarohna An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Naturally Page 2 of 2 Bartrams Walk Buncombe County The following items were discussed onsite with the regulatory agencies present: • The large stormwater control device (depicted as area 3 on the submitted and returned 401 application) may remain in place as long as you are able to obtain a Clean Water Act (CWA) Section 404 permit authorizing this impact. • The rerouted stream, located immediately below the T-intersection of roads and to the left of the main entrance road, shall not be relocated back to its original position in the landscape until the section of stream channel adjacent to, and disturbed by, the widening of the main roadway, has been restored utilizing a natural channel design with buffers. • A design for the stormwater basin (depicted as Area 6 on the submitted and returned 401 application) to be restored (across from old ranch style house) must be submitted for approval (NCDWQ) immediately. Thank you for your attention to this matter. Your above -mentioned response to this correspondence will be considered in this process. Should you have any questions regarding these matters, please contact Kevin Barnett at (828) 296-4657. Sincerely, • . �--F (A Roger Edwards Surface Water Protection Section cc: NPS Assistance and Compliance Oversight Unit — Shelton Sullivan ARO File Copy DWQ Central Files Buncombe County Erosion Control USACE — Asheville Field Office David McHenry — NC Wildlife Resources Commission Buncombe County Building Inspector a Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION May 20, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED Edgar B. Shope 756 Wayah Road Franklin, NC 28734 CERTIFIED MAIL RETURN RECEIPT REQUESTED'. Rainbow Springs Partnership Tim Moore 781 Rainbow Springs Road Franklin, NC 28734 7002 0460 0001 9899 7934 7002 0460 0001 9899 7941 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2008-SS-0019 Stream Standards Violation - Other Waste (In -stream sediment) Failure to Secure Stormwater General Permit NCGO10000 Macon County Dear Messrs. Shope and Moore: On May 8, 2008, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection along Moore Creek and the Nantahala River in Macon County. According to the incident file, Mr. Moore was in attendance during part of the site visit. Stream standards and Construction Stormwater Permit NCGO10000 violations were noted during the site visit and file review. Sediment impacts to Moore Creek, classified as C, Tr, ORW waters and the Nantahala River, classified as B, Tr, ORW waters, were documented. This office understands that release of water and sediment from the Upper and Lower Moore Creek Lakes occurred during separate events. According to information provided to DWQ, the Lower Lake, owned by the Rainbow Springs Partnership, was drained in February 2006 and the Upper Lake, owned in part by Mr. Shope was drained on or about April 28, 2008. The documented violations apply to both parties and are detailed below: NorthCarolina Natura!!t, 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 877-623-6748 G:\W PDATA\DEMWQ\Macon\Complaints\RainbowSprings\NOV-2008-SS-019.doc Messrs. Shope and Moore May 20, 2008 VIOLATIONS Page 2 of 3 I. Stream Standards Violation - Other Waste (In -stream sediment)15A NCAC 02B .0211(3)f - Greater than 4,500 feet of Moore Creek, classified as C, Tr, ORW waters, was impacted by sediment deposition estimated to be between 3 and 17 inches throughout the stream reach. An indeterminate length of the Nantahala River, classified as B, Tr, ORW waters, was also impacted by sediment deposition ranging upwards of 14 inches. These impacts represent Water Quality Stream Standards violations of 15A NCAC O2B .0211 (3) (f). H. Failure to Secure Stormwater General Permit NCGO10000 - Site visits and information provided by Macon County Erosion Control confirmed that no application had been submitted nor approval received for a Sedimentation and Erosion Control (S&EC) Plan relating to the subject land -disturbing activity. The submission of a proposed S&EC Plan to the Division of Land Resources or delegated local program shall be considered to take the place of a Notice of Intent for coverage under the NCGO10000 General Permit needed for those projects disturbing greater than 1 acre of land and requiring a S&EC Plan. Coverage under this General Permit shall become effective upon issuance of an approval for the S&EC Plan by the Land Quality Section of the Division of Land Resources or delegated local program. REQUIRED RESPONSE This Office requests that you respond in writing within 15 days of receipt of this Notice. Your response should be sent to both to the attention of Chuck Cranford, Division of Water Quality, 2090 US HWY 70, Swanannoa, NC 28778 and to the attention of Mr. John Hennessy at the Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should address the following items: I. Stream Standards - Other Waste (In -Stream Sediment) a. Please explain how and when the sediment discharge began at the site. b. Please provide a map that exactly details the jurisdictional waters on the tract. This map should indicate all of the jurisdictional waters on the tract as well as the areas that have been impacted, both on and off site. This information must be clearly depicted on a map that you provide as a part of this response. c. Please submit a Sediment Removal Restoration Plan (Restoration Plan) to this office for review and approval. The Restoration Plan must address removal of the accumulated sediment from Moore Creek and the Nantahala River. The Restoration Plan must be submitted to the Division of Water Quality for review and approval prior to implementation. You are encouraged to secure an environmental consultant experienced in stream restoration work to assist you with development and implementation of the Restoration Plan in order to achieve compliance. It is recommended that your consultant contact Chuck Cranford of the Asheville Regional Office for additional guidance during restoration plan development. The Restoration Plan should include the following: 9 An impact assessment of both Moore Creek and Nantahala River. and Moore Page 3 of 3 • A narrative explaining how sediment will be removed and how impacted jurisdictional waters will be restored. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. • A diagram of the stream channel, referenced with photo documentation of sediment impacts. • A narrative explaining how sediment will be retained on the site and kept out of waterways, and how restoration activities will be conducted such that turbidity is not released. d. Once the Restoration Plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Chuck Cranford. H. Construction Stormwater Permit NCGO10000 a. Please explain when you anticipate being in full compliance with the NCG010000 Permit and your Erosion and Sediment Control Plan. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above -mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Chuck Cranford or myself at (828) 296-4500. Sincerely, Roger C. Edwards Regional Supervisor Surface Water Protection Section Enclosure: NCGO1000 cc: John Hennessy — NPS Assistance and Compliance Oversight Unit Division of Land Resources ARO File Copy DWQ Central Files Macon County Planning Permit No. NCGO10000 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by North Carolina Environmental Management Commission and the Federal Water Pollution Control Act as amended, All owners or operators of stormwater point source discharges associated with construction activities including clearing, grading and excavation activities resulting in the disturbance of land are hereby authorized to discharge stormwater to the surface waters of North Carolina or to a separate storm sewer system conveying stormwater to the surface waters. The General Permit shall become effective on October 3, 2006, The General Permit shall expire at midnight on September 30, 2008. Signed this day October 3, 2006. Original signed by Coleen Sullins for Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission Page 1 of 20 Pages Permit No. NCGO10000 ` PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater which has been adequately treated and managed in accordance with an approved Erosion and Sedimentation Control Plan by the North Carolina Division of Land Resources, Land Quality Section, or a delegated local program under the provisions and requirements of North Carolina General Statute 113A - 54.1 to the surface waters of North Carolina or to a separate storm sewer system. All discharges shall be in accordance with the attached schedules as follows: Part I: Monitoring, Controls, and Limitations for Permitted Discharges Part II: Standard Conditions Any other point source discharge to surface waters of the state is prohibited unless covered by another permit, authorization or approval. The discharges allowed by this General Permit shall not cause or contribute to violations of Water Quality Standards. Discharges allowed by this permit must meet applicable wetland standards as outlined in 15A NCAC 2B .0230 and .0231 and water quality certification requirements as outlined in 15A NCAC 2H .0500. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. General Permit Coverage This General Permit is applicable to point source discharges from construction activities disturbing five acres of land prior to March 10, 2003. As of March 10, 2003, this permit will be applicable to point source discharges of stormwater from construction activities disturbing one or more acres of land. The submission of a proposed Erosion and Sedimentation Control Plan to the Division of Land Resources or' delegated local program shall be considered to take the place of a Notice of Intent for coverage under this General Permit for those projects requiring this Permit coverage. Coverage under this General Permit shall become effective upon issuance of an approval for the Erosion and Sedimentation Control Plan by the Land Quality Section of the Division of Land Resources or delegated local program. Prior to the commencement of construction and land disturbing activities approval of the Erosion and Sedimentation Control Plan shall be obtained. Any owner or operator not wishing to be covered or limited by this General Permit may make application for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H .0100, stating the reasons supporting the request. Any application for an individual permit should be made at least 180 days prior to the time the permit is needed. This General Permit does not cover activities or discharges covered by an individual NPDES permit until the individual permit has expired or has been rescinded. Any person conducting an activity covered by an individual permit but which could be covered by this General Permit may request that the individual permit be rescinded and coverage under this General Permit be provided. Page 2 of 20 Pages Permit No. NCG010000 PART I MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: FINAL LIMITATIONS AND CONTROLS FOR STORMWATER DISCHARGES During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater associated with construction activity. Such discharges shall be controlled, limited and monitored as specified below. 1. Prior to the commencement of construction, the permittee shall submit for approval a Erosion and Sedimentation Control Plan (plan) to the Department of Environment, and Natural Resources, Division of Land Resources, Land Quality Section, (or an approved local program) pursuant to the requirements of NC G.S. 113A-54.1 and in conformity with rules adopted by the North Carolina Sedimentation Control Commission. 2. The Permittee shall implement the plan, which has been approved by the approval authority. The approved plan is considered a requirement or condition of this general permit. Deviation from the approved plan, or approved amendment to the plan, shall constitute a violation of the terms and conditions of this general permit except that deviation from the approved plan will be allowed (1) to correct an emergency situation where sediments are being discharged off the site or (2) when minor modifications have been made for the purpose of improving the performance of the erosion and sedimentation control measures and notification of the minor modification has been made to the Division of Land Resources (or approved local program). Such a deviation from the approved plan shall be noted on the approved plan maintained at the job site. During active construction, a copy of the approved plan shall be maintained on the site. 3. Equipment utilized during the construction activity on a site must be operated and maintained in such a manner as to prevent the potential or actual pollution of the surface or ground waters of the state. Fuels, lubricants, coolants, and hydraulic fluids, or any other petroleum products, shall not be discharged onto the ground or into surface waters. Spent fluids shall be disposed of in a manner so as not to enter the waters, surface or ground, of the state and in accordance with applicable state and federal disposal regulations. Any spilled fluids shall be cleaned up to the extent practicable and disposed of in a manner so as not to allow. their entry into the waters, surface or ground, of the state. 4. Herbicide, pesticide, and fertilizer usage during the construction activity shall be consistent with the Federal Insecticide, Fungicide, and Rodenticide Act and shall be in accordance with label restrictions. Page 3 of 20 Pages Permit No. NCGO10000 5. All wastes composed of building materials shall be disposed of in accordance with North Carolina General Statutes, Chapter 130A, Article 9 - Solid Waste Management, and rules governing the disposal of solid waste (North Carolina Administrative Code Section 15A NCAC 13B). 6. The Permittee shall control the management and disposal of litter and sanitary waste from the site such that no adverse impacts to water quality occur. Page 4 of 20 Pages Permit No. NCGO10000 SECTION B • MINIMUM MONITORING AND REPORTING REQUIREMENTS Minimum monitoring and reporting requirements are as follows unless otherwise approved in writing by the Director of the Division of Water Quality. 1. All erosion and sedimentation control facilities shall be inspected by or under the direction of the permittee at least once every seven calendar days (at least twice every seven days for those facilities discharging to waters of the State listed on the latest EPA approved 303(d) list for construction related indicators of impairment such as turbidity or sedimentation**) and within 24 hours after any storm event of greater that 0.5 inches of rain per 24 hour period. A rain gauge shall be maintained on the site and a record of the rainfall amounts and dates shall be kept by the permittee. (** The latest approved list may be obtained from the Division of Water Quality, or from the following website location: http://h2o.enr.state.nc.us/sulconstruction303d) 2. Once land disturbance has begun on the site, stormwater runoff discharges shall be inspected by observation for stormwater discharge characteristics as defined below at the frequency in #1 above to evaluate the effectiveness of the pollution control facilities or practices. If any visible sedimentation is leaving the disturbed limits of the site, corrective action shall be taken immediately to control the discharge of sediments outside the disturbed limits. Stormwater Discharge Characteristics Monitoring Typel Monitoring Location2 Clarity SDO Floating Solids SDO Suspended Solids SDO Oil Sheen SDO Other obvious indicators of stormwater pollution SDO Footnotes: l Monitoring Type: The monitoring requires a qualitative observation of each stormwater outfall. No analytical testing or sampling is required. 2 Sample Location: Stormwater Discharge Outfall (SDO) 3. The operator shall keep a record of inspections. Visible sedimentation found outside of the disturbed limits shall be recorded and a brief explanation kept with the records as to the measures taken to control future releases. Any measures taken to clean up the sediment that has left the disturbed limits shall also be recorded. These records shall be made available to DWQ or authorized agent upon request. Page 5 of 20 Pages Permit No. NCGO10000 SECTION C: SCHEDULE OF COMPLIANCE 1. The permittee shall comply with Final Limitations and Controls specified for stormwater discharges once disturbance has begun on the site and until completion of construction or development and the establishment of a permanent ground cover.. 2. During construction and until the completion of a construction or development and the establishment of a permanent ground cover, the permittee shall provide the operation and maintenance necessary to operate the storm water controls at optimum efficiency. Page 6 of 20 Pages PART II STANDARD CONDITIONS SECTION A: DEFINITIONS Permit No. NCGO10000 1. Act or "the Act" or CWA The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 2. Best Manaaement Practices (BMPs) Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operation procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. 3. DWQ or Division The Division of Water Quality, Department of Environment, and Natural Resources. 4. Director The Director of the Division of Water Quality, the permit issuing authority. 5. EMC The North Carolina Environmental Management Commission. 6. Permittee The person who signed as the financially responsible party. on the Erosion and Sedimentation Control Plan. 7. Point Source Discharae Any discernible, confined and discrete conveyance, including but specifically not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, or concentrated animal feeding operation from which pollutants are or may be discharged to waters of the state. 8. Administrator Page 7 of 20 Pages Permit No. NCGO10000 The Adminstrator of the U. S. Environmental Protection Agency. SECTION B: GENERAL CONDITIONS 1. Duty to Comply. The permittee must comply with all conditions of this general permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for: enforcement action; certificate of coverage termination, revocation and reissuance, or modification; or denial of a certificate of coverage upon renewal application. (a) The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. (b) The Clean Water. Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $27,000 per day for each violation. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. Page 8 of 20 Pages Permit No. NCGO10000 (c) Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: NC General Statutes 143-215.6A]. (d) Any person may be assessed. an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500. Penalties for Class II violations are not to exceed $11,000 per day for each day during which the violation continues, with the maximum amount of any Class H penalty not to exceed $137,500. 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this general permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liabilit Except as provided in Section C. of this permit regarding bypassing of stormwater control facilities, nothing in this general permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143- 215.3, 143-215.6A, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily. suspended. 4. Oil and Hazardous Substance Liability Nothing in this general permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this general permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. Page 9 of 20 Pages Permit No. NCGO10000 6. Severability The provisions of this general permit are severable, and if any provision of this general permit, or the application of any provision of this general permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this general permit, shall not be affected thereby. 7. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the certificate of coverage issued pursuant to this general permit or to determine compliance with this general permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this general permit. 8. When an Individual Permit may be Required The Director may require any owner/operator authorized to discharge under a certificate of coverage issued pursuant to this general permit to apply for and obtain an individual permit or an alternative general permit. Any interested person may petition the Director to require an individual permit pursuant to 15A NCAC 2H .0127. Cases where an individual permit may be required include, but are not limited to, the following: a. The discharger is a significant contributor of pollutants; b. Conditions at the permitted site change, , altering the constituents and/or characteristics of the discharge such that the discharge no longer qualifies for a General Permit; C. The discharge violates the terms or conditions of this general permit; d. A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source; e. Effluent limitations are promulgated for the point sources covered by this general permit; f. A water quality management plan containing requirements applicable to such point sources is approved after the issuance of this general permit. g. The Director determines at his own discretion that an individual permit is required. 9. When an Individual Permit may be Requested Page 10 of 20 Pages Permit No. NCGO10000 Any permittee operating under this general permit may request to be excluded from the coverage of this general permit by applying for an individual permit. When an individual permit is issued to an owner/operator the applicability of this general permit is automatically terminated on the effective date of the individual permit. 10. Signatory Requirements a. All applications, reports, or information submitted to the Director shall be signed and certified as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities provided the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the general permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent; a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. Page 11 of 20 Pages Permit No. NCGO10000 C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and. evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 11. General Permit Modification Revocation and Reissuance or Termination The issuance of this general permit does not prohibit the Director from reopening and modifying the general permit, revoking and reissuing the general permit, or terminating the general permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143- 215.1 et. seq. , Page 12 of 20 Pages Permit No. NCGO10000 SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this general permit. 2. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this general permit. 3. Bypassing of Stormwater Control Facilities a. Definitions (1) 'Bypass" means the intentional diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass Not Exceeding Limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. C. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice within 24 hours of an unanticipated bypass as required in Part 11, E. 3.(b)(1) of this general permit. (24- hour notice). d. Prohibition of Bypass Page 13 of 20 Pages Permit No. NCGO10000 Bypass is prohibited and the Director may take enforcement action against a permittee for bypass, unless: (1) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (2) There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (3) The permittee submitted notices as required under Paragraph c. of this section. The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed above in Paragraph d. of this section. 4. Upsets a. Definition "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an Upset. An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of paragraph c, of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. C. Conditions Necessary for a Demonstration of Upset A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; 2) The permitted facility was at the time being properly operated; and Page 14 of 20 Pages Permit No. NCGO10000 (3) The permittee submitted notice of the upset as required in Part H, E. 3. (b) (2) of this general permit. (4) The permittee complied with any remedial measures required under Part H, A. 2. of this general permit. d. Burden of Proof In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. Page 15 of 20 Pages Permit No. NCGO10000 SECTION D: MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. . 2. Penalties for Tamnerin The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this general permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 3. Records Retention The permittee shall retain records of all monitoring information and copies of all reports required by this general permit, for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 4. Recording Results For each measurement, sample, inspection or maintenance activity performed or taken pursuant to the requirements of this general permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Page 16 of 20 Pages Permit No. NCGO10000 5. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this general permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this general permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this general permit; and d. Sample or monitor at reasonable times, for the purposes of assuring general permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Page 17 of 20 Pages Permit No. NCGO10000 SECTION E: REPORTING REQUIREMENTS 1. 2. C Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the general permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with the general permit requirements. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. Pei The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the general permit. (2) Any upset which exceeds any effluent limitation in the general permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the general permit to be reported within 24 hours. Page 18 of 20 Pages Permit No. NCGO10000 C. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 4. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in any report to the Director, it shall promptly submit such facts or information. 5. Availability o� f Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, discharge data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act. 6. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this general permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. Page 19 of 20 Pages Permit No. NCGO10000 SECTION F: LIMITATIONS REOPENER This general permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. contains different conditions or is otherwise more stringent than any effluent limitation in the general permit; or b. controls any pollutant not limited in the general permit. The general permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. Page 20 of 20 Pages Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville - Subject: Permit No. WQ0033028 Cane Creek Water & Sewer District of Henderson County (CCWSDHC) Fletcher Fire & Rescu e-N a pies- Force Main Wastewater Collection System Extension Henderson County Dear Mr. Freeman: In accordance with your application received on May 12, 2008 we are forwarding herewith Permit No. WQ0033028, dated May 20, 2008, to the CCWSDHC for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a.part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the contractor's Notice to Proceed for this project. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system -wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design -Criteria adopted February-12'-1996 as -applicable; -and -the -Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina -licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that thews -constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board. Asheville Regional Office 2090 US Highway 70, Swannanoa, NC 28778 DENR Customer Service Center An Equal Opportunity Action Employer Internet www.ncwaterquality.org Telephone (828)296-4500 Fax (828)299-7043 Telephone 1 800 623-7748 50% recycled/10% post -consumer paper ne NorthCarolina Nahmallry CCWSDHC May 20, 2008 rage 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the CCWSDHC to construct and operate approximately 1,460 linear feet of 2-inch diameter force main to serve the Naples area and the discharge of 250 gallons per day of collected domestic wastewater into the CCWSDHC's existing sewerage system, pursuant to the application received on May 12, 2008 and in conformity with 15A NCAC 2T _0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force_ Mains adopted June 1, 2000 as applicable; and other s-u-pportiFEg-data-subsequenttyfi-led-and-approved--by-the-Department-of-E-nvi-ronrner}tand-Nat-ura! —_ -Resources--and---oanrsidere-d-a-rts�th s rmit = The sewage and wastewater collected by this system shall be treated in the Metropolitan Sewerage District of Buncombe County's (MSD) Wastewater Treatment Facility (Permit No. NCO024911) prior to being discharged into the receiving stream. Construction of the subject wastewater collection system shall not commence until approval for the construction and operation of these sewers has been obtained from the Metropolitan Sewerage District of Buncombe County. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt. of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714.. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at_(828) 296-4659. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc:-- -Henderson County Building Inspector ARO, Surface Water Protection (NC0024911) Thomas R. Wilson, PE Stan Boyd, MSD PERCS Files Surface Water Protection Section Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES CANE CREEK WATER & SEWER DISTRICT OF HENDERSON COUNTY FLETCHER FIRE & RESCUE-NAPLES-FORCE MAIN HENDERSON COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0033028 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with.the conditions of this permit; 15A NCAC ..0200; the Division of.Water. Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations. and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all Aimes. :The Permittee shall maintain compliance with an individual system -wide collection system, permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. if an individual permit is not required, the following performance criteria shall be met as provided .in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times; to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). - Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High -priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. 1 Permit No. W00033028, CCWSDHC: Fletcher Fire & Rescue -Naples -Force Main, Henderson Co.. May 20, 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection' . facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to -thew rfaee-waters-of-tkre-State 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina -licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to ,be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be .submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction : Record Drawings," and one copy of the supporting design calculations to the Non -Discharge Permitting Unit, 1617 Mail. Service Center, Raleigh, NC 27699-1617, 7. A copy of the construction record drawings shall be maintained on file by the Permitte.e for the life of the wastewater collection facilities. 8. failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable_; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force' Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In. the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: No WQ0033028 CCWSDHC: Fletcher Fire & Rescue -Naples -Force Main, Henderson Co.. May 20. 2008 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and _spills occurring outside normal business hours may also be -- eported--te-he-Division-af-Emergent) — nagement-et-telephone number-(800}$58-D368-or�9%)- - ==---- otfile_a_sL-epr_iycompeng 35301 Persor r--= Part of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 20th day of May, 2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for CoWen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0033028 3 Permit No. WQ0033028, CCWSDHC: Fletcher Fire & Rescue -Naples -Force Main, Henderson Co.. May 20. ,. ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: Approximately 1,460 linear feet of 2-inch diameter force main Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension 11 porting design-callatonsselecIps system curve; operating point a„vaiiab:e Storage=ipertableT -- _ enerator s .-or storage greater than longest past three year outage reliability option_ selected for-:anypump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically; ❑ weekly, ❑ full time) the construction of the.above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence: was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum: Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast=Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality May 21, 2008 Buncombe County DWQ Project No. 080825 NCSR 1400 (Clark Cove Road) APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. J. J. Swain, Jr., P.E. Division Engineer N C Department of Transportation Post Office Box 3279 Asheville, North Carolina 28802 Dear Mr. Swain: You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in an unnamed tributary to Sandymush Creek, for the purpose of making improvements to NCSR 1400 (Clark Cove Road) in Buncombe County: Stream Impacts in the French Broad River Basin Site Permanent Temporary Fill in Permanent Fill in Temporary Total Stream Stream Fill in Intermittent Stream Perennial Stream Dewatering in Impact Impacts Intermittent (linear ft) (linear ft) Perennial Stream (linear ft) Requiring Stream (linear (linear ft) Mitigation ft) linear ft Site 1 Sta. 0 0 10 60 70 0 26+50 Total 0 1 0 10 1 60 1 70 0 Total Stream Permanent Impact for Project: 10 linear feet. Temporary Impact for Project: 60 linear feet. The project should be constructed in accordance with your application dated May 12, 2008 (received May 14, 2008), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3704, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non - Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. No thCarolina �Vatura!!y North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828) 299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer Mr. J. J. Swain, Jr., P.E. May 21, 2008 Page Two 1. There shall be no excavation from or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. 3. Adequate sedimentation and erosion control measures must be installed and maintained on the project site to minimize sediment transport to downstream aquatic resources. Temporary cover (wheat, millet or similar annual grain) or permanent herbaceous cover shall be planted on all bare soil within 15 working days of ground disturbing activities. Erosion control mating shall be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas. Steep slopes are defined as those slopes graded at an angle, which cannot retain vegetative cover. Matting shall be secured in place with staples or wherever possible. Matting should be secured in place with staples or wherever possible, live stakes of native trees. Straw mulch and tall fescue shall not be used in riparian areas. 4. If multiple pipes or barrels are required, they shall be designed to mimic the natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream shall be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 5. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High Quality Waters (HQW) or Water Supply I or II (WS-I, WS-II), stormwater. shall be directed to vegetated buffer areas, grass -lined ditches or other means appropriate to the site for the purpose of pre -treating stormwater runoff prior to discharging directly into streams. Mowing of existing vegetated buffer areas is strongly discouraged. r_� 6. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut ands, red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 7. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 8. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 9. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 10. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 11. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 13 No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 14. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 15. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall, be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 16. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on -site project manager. ain, Jr., P.E. -008 tiree 0. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State or Federal law. If DWQ determines that such standards or laws are not being met (including failure to sustain a designated or achieved use) or that State of Federal law if being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification 18. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 19. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. - 20. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, Coleen H. Sullins, Director Division of Water Quality cc: Roger Bryan, Division 13, DEO Ed Ingle, Roadside Environmental David Baker, USAGE, Asheville Field Office Transportation Permitting Unit Mike Parker, Asheville Regional Office 080825 (Swain) NCSR 1400 Clark Cove Road CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Johnny Norton, Mayor Town of Hot Springs Post Office Box 218 Hot Springs, North Carolina 28743 Dear Mr. Norton: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality May 21, 2008 7002 0460 0001 9899 7958 Subject: Fast -Track Application Return Town of Hot Springs Madison County Attached herewith is the Fast -Track Sewer Application that you submitted seeking permission to construct sewer system improvements to serve the Town of Hot Springs. The application is being returned for the following reasons: (1) The application was not accompanied by a check in the amount of $480 made out to the North Carolina Department of Environment and Natural Resources. (2) Someone other than you signed the application. (3) Section B-13 was not completed so I have no way of knowing whether or not the system has been designed in accordance with our minimum design criteria. (4) The last page of the application-was-not-original--but-rather-was a -copy of -a copy. Please submit at least one original version. I look forward to receiving a completed application. Please do not hesitate to call me at 828/296-4659 should you wish to discuss this matter. Sincerely, Roy M. Davis Environmental Engineer cc: Brian L. Tripp, PE G:\WPDATA\DEMWQ\Madison\Hot Springs Collection System\Application Return -Hot Springs.doc N nehCarolina aturallt� North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Internet: www.ncwaterquality.org Customer Service 1-877-623-6748 FAX (828) 299-7043 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Division of Water Quality May 21, 2008 DWQ Project # 08-0686 Haywood County A.B. Matthews, Interim Town Manager Town of Canton Post Office 987 Canton, North Carolina 28716. Subject Property: Canton Rec. Park ADA Fishing Pier Pigeon River Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Matthews: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 70 linear feet of streams for the purpose of constructing an ADA compliant Fishing Pier at the subject property, as described within your application received by the N.C. Division of Water Quality (DWQ) on April 11, 2008. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3697 (GC3697). The Certification(s) allows you to use Nationwide Permit(s) 18 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and buffer regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828) 299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper Town' ADA Fish,, Page May 21, 20, 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Stream 30 (linear feet) 1 Stream 40 linear feet) Ternporary 2. . Turbidity Standard The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B..0200. Appropriate sediment and erosion control practices must be used to meet this standard. 3. Temporary Fills All temporary fill and culverts shall be removed and the impacted area returned to the original grade, including each stream's original cross sectional dimensions, planform pattern, and longitudinal bed and bed profile after construction is complete or within 6 months of the establishment of the crossing, which ever is sooner, and the various sites shall be stabilized with natural woody vegetation (except for the maintenance areas of permanent utility crossings) and restored to prevent erosion. If the crossings are not completely removed and restored as described above within the specified time above, additional written approval from this Office must be obtained to modify this condition. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. Town of Canton ADA Fishing Pier Page 3 of 3 May 21, 2008 o his letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-733-9721 or Kevin Barnett in the DWQ Asheville Regional Office at 828-296-4500, Sincerely, Coleen H. Sullins, Director Division of Water Quality CHS1khb Enclosures: GC 3697 Certificate of Completion cc: Jeff Furgeson, NC Wildlife Resources Commission 171 Southern Cross Road Weaverville, NC 28787 USACE Asheville Regulatory Field Office DWQ Asheville Regional Office DLR Asheville Regional Office File Copy Central Files Filename: 08-0686.CantonADAFishingPier.Approval Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen S. Sullins, Director Division of Water Quality May 21, 2008 DWQ Project # 08-0500 Jackson County Robert & Creel McCormack 310 Robinhood Road Atlanta, Georgia 30309 Subject Property: 424 Wayside Drive Glenville, NC Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. & Mrs. McCormack: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 80 linear feet of shoreline of lake Glenville for the purpose of shoreline stabilization at the subject property, as described within your application received by the N.C. Division of Water Quality (DWQ) on March 17, 2008. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3693 (GC3693). The Certification(s) allows you to use Permit(s) RGP30 when issued by the US Army Corps of Engineers (USAGE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, Water Supply Water Shed Buffers, and trout buffer regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. NorthCarolina J1 Wetlands Certification Unit Naturally 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-68931 Internet: www.ncwaterguality.org An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper G:\W PDATA\DEMWQ\Jackson\401 s\08-0500.McCormackProperty.Approval.doc McCorma'c Pay May 21', The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Shoreline 80 (linear feet) A 2. Drystack wall and Riprap Installation The Dry Stack wall shall be placed landward of the existing shoreline ( above 3492 Mean Sea Level) and riprap applied at the water / land interface (at full pool). Riprap shall be placed as a linear protective measure upon the re -graded slopes. Stone used in stabilization shall be a random size, varying from Class B riprap up to 6 feet in diameter to provide additional wildlife habitat. All exposed soils above the Riprap stabilized area shall be replanted in accordance with the attached Guidelines for Riparian Buffer Restoration. 3. Heavy Equipment Heavy equipment should be operated from the bank whenever possible. All mechanized equipment operated near surface waters should be inspected and maintained regularly to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or other toxic materials. Equipment used in the lake bed must be clean, new or low hour equipment. 4. Concrete All Concrete used in this project shall be pre -cast and cured on land prior to placing on the lake bottom as to prevent the leaching of caustic materials in to the water. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. McCormack Property Page 3 of 3 May 21, 2008 if you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Mr. Kevin Barnett in the DWQ Asheville Regional Office at 828-296-4500. Sincerely, Coleen H. Sullins, Director Division of Water Quality CHS/khb Enclosures: GC 3693 Certificate of Completion Guidelines for Riparian Buffer Restoration cc: Lisa Leatherman, Duke Energy Duke Energy Lake Services EC 12Q Post Office Box 1006 Charlotte, NC 28201-1006 USACE Asheville Regulatory Field Office DWQ 401 Central Office DLR Asheville Regional Office David McHenry, NC Wildlife Resources Commission File Copy Central Files File: 08-0500. McCormackProperty.App roval 44A Michael F. Easley, Governor G William G. Ross Jr., Secretary lam- North Carolina Department of Environment and Natural Resources Q `C Coleen H. Sullins, Director Division of Water Quality May 21, 2008 DWQ Project # 08-0299 Avery County Mike Simpson Linville Land Harbor Post Office Box 160 Linville, North Carolina 28646 Subject Property: Linville Land Harbor Dam Rehabilitation Linville River Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Simpson: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.0013 acres of wetlands, 152 linear feet of streams, - and 1.04 acres of open waters for the purpose of dam rehabilitation at the subject property, as described within your application received by the N.C. Division of Water Quality (DWQ) on February 19, 2008, and additional information received April 25, 2008. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3687 (GC3687). The Certifications) allows you to use Nationwide Permit(s) 3 when issued by the US Army Corps of Engineers (USAGE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and buffer regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: Noorthcarolina Nirturq!!y North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828) 299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Avery\401 s\08-0299.LinvilleLand Harbor. Dam Rehabilitation. approval.doc An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper Linville L. May. Page,, 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Stream 30 (linear feet) Linville River (LR-1 Stream 32 (linear feet) Linville River (LR-T1) Stream 10 (linear feet) Linville River LR-T2) Stream 40 (linear feet) UT to Linville River (UT-LR-T3) Stream 40 (linear feet) Second UT to Linville River (2UT- LR-T4) 404/CAMA Wetlands 0.001 (acres) W-T1 404/CAMA Wetlands 0.0003 (acres) W-T2 Waters 0.27 acres Land Harbor Lake Waters 0.18 (acres) Land Harbor Lake Waters 0.14 (acres) Land Harbor Lake Waters 0.07 (acres) Land Harbor Lake Waters 0.24 (acres) Land Harbor Lake Waters 0.07 (acres) Land.Harbor Lake Waters 0.06 (acres) Land Harbor Lake Waters 0.01 (acres) Land Harbor Lake 2. Turbidity Standard The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B..0200. Appropriate sediment and erosion control practices must be used to meet this standard. 3. Minimum Release from Dams Before any of the impacts approved in the Certification are conducted you must submit, and obtain written approval by this Office for a minimum water release plan. The plan must include a written explanation of the specific discharge rate and mechanism to provide for each required release. The plan must also include any design specifications, details and calculations to show that the release shall be achieved in the given conditions. The plan shall also include monitoring that ensures compliance. The plan and any associated facilities, once approved, must be in place and implemented upon the completion of the dam structure. Violations of any.condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your �- proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. Linville Land Harbor May 21, 2008 Page 3 of 3 you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-733-9721 or Kevin Barnett in the DWQ Asheville Regional Office at 828-296-4657. Sincerely, •= �f z Coleen H. Sullins, Director Lf Division of Water Quality CHSlkhb Enclosures: GC 3687 Certificate of Completion cc: John Vilas. ENV-ECS, Inc. 643 Greenway Road Suite K-3 Boone, NC 28607 USACE Asheville Regulatory Field Office DWQ Asheville Regional Office DLR Asheville Regional Office File Copy Central Files Filename: 08-0299.Linvillel-andHarbor. DarnRehabilitation.approval Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources May 21, 2008 Aaron and Edna Gingerich 624 Mourning Dove Drive Sarasota, Florida 34236 Coleen H. Sullins, Director Division of Water Quality DWQ Project # 08-0692 Rutherford County Subject Property: 276 Burnt Ridge Road, Lake Lure, North Carolina 28746 Lake Lure Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. & Mrs. Gingerich: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 1600 linear feet of shoreline for the purpose of seawall repair at the subject property, as described within your application received by the N.C. Division of Water Quality (DWQ) on April 14, 2008. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3693 (GC3693). The Certification(s) allows you to use Nationwide Permit(s) RGP30 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and buffer regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: N°orthCarolina Naturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828) 299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Rutherford\401 s\08-0692.Gingerich.SeawallRepair.Approval.doc An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper Ginger Pay May 21;, 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Plan Location or Reference Approved (Units) Waters 1600 (linear Lake Lure feet) 2. Turbidity Standard The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B..0200. Appropriate sediment and erosion control practices must be used to meet this standard. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699- 6714. This certification and its conditions are final .and binding unless you ask for a hearing. This. letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-733-9721 or Kevin Barnett in the DWQ Asheville Regional Office at 828-296-4500. Sincerely, Coleen H. Sullins, Director Division of Water Quality C H Slkhb Enclosures: GC 3693 Certificate of Completion Gingerich Property Page 3of3 May 21, 2008 Hickory Nut Construction, Inc Post Office Box 541 2975 Memorial Highway Lake Lure, NC 28746 USACE Asheville Regulatory Field Office DWQ Asheville Regional Office DLR Asheville Regional Office File Copy Central Files Filename: 08-0692.Gingerich.SeawailRepair.Approval �Q Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources AUa,):; Coleen H. Sullins, Director Division of Water Quality May 22, 2008 Jackson County DWQ Project No. 080736 NCSR 1171 (Roy Tritt Road) APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. J. B. Setzer, P.E. Division 14 Engineer N C Department of Transportation 253 Webster Road Sylva, North Carolina 28779 Dear Mr. Setzer: You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in six (6) unnamed tributaries to the Tuckasegee River, for the purpose of making improvements to NCSR 1171 (Roy Tritt Road) in Jackson County: Ctrpam Tmnaeta in the Little Tenneccee River RaRin Site Permanent Stream Protection Permanent Fill in Temporary Total Stream Stream Fill in in Perennial Perennial Stream Dewatering in Impact Impacts Intermittent Stream (linear ft) (linear ft) Perennial Stream (linear ft) Requiring Stream (linear Energy Dissipator (linear ft) Mitigation ft) (linear ft Site 1 Sta. 0 0 10 95 105 0 4+35 Site 2 Sta. 0 0 8 95 103 0 6+13 Site3 Sta. 0 0 22 110 132 0 27+50 Site 4 Sta. 0 0 9 95 104 0 34+25 Site 5 Sta. 0 0 14 100 114 0 37+75 Site 6 Sta. 0 0 25 100 125 0 50+96 Total 0 0 88 595 683 0 Total Stream Permanent Impact for Project: 88 linear feet. total temporary impacts for rroject: JYJ 11"Cal- 1CCl. The project should be constructed in accordance with your application dated April 15, 2008 (received April 25, 2008), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3704, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non - Discharge and Water Supply Watershed regulations. North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Internet: www.ncwaterquality.org An Equal OpportunitylAffirmative Action Employer NorthCarolina Naturally Phone (828) 296-4500 Customer Service FAX (828) 299-7043 1-877-623-6748 Mr. J. B. Setzer, P.E. May 22, 2008 Page Two This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1 There shall be no excavation from or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. 3. Adequate sedimentation and erosion control measures must be installed and maintained on the project site to minimize sediment transport to downstream aquatic resources. Temporary cover (wheat, millet or similar annual grain) or permanent herbaceous cover shall be planted on all bare soil as soon as possible following ground disturbing activities. Erosion control mating shall be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas. Matting should be secured in place with staples or wherever possible, live stakes of native trees. Straw mulch and tall fescue shall not be used in riparian areas. 4. In -stream work and land disturbance within the 25-foot buffer zone are prohibited during the trout -spawning season of October 15 through April 15 to protect the egg and fry stages of trout from off -site sedimentation during construction of the roadway. 5. If multiple pipes or barrels are required, they shall be designed to mimic the natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream shall be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 6. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High Quality Waters (HQW) or Water Supply I or II (WS-I, WS-II), stormwater shall be directed to vegetated buffer areas, grass -lined ditches or other means appropriate to the site for the purpose of pre -treating stormwater runoff prior to discharging directly into streams. Mowing of existing vegetated buffer areas is strongly discouraged. 7. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 8. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 9. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 10. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 11. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 12. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters r is prohibited. 14. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. zer, P.E. 108 .,ree �5. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 16. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 17. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on -site project manager. 18. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State or Federal law. If DWQ determines that such standards or laws are not being met (including failure to sustain a designated or achieved use) or that State of Federal law if being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification 19. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 20. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 21. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, Coleen H. Sullins, Director Division of Water Quality cc: Mark Davis, Division 14, DEO Ed Ingle, Roadside Environmental David Baker, USACE, Asheville Field Office Transportation Permitting Unit Mike Parker, Asheville Regional Office 080736 (Setter) NCSR 1171 (Roy Tritt Road) CERTIFIED MAIL RETURN RECEIPT REQUESTED — Craig Woolmington Woolmington-Smith Ventures, LLC 120 Village Square Suite 100 Orinda, California 94563 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources May 22, 2008 Coleen H. Sullins, Director Division of Water Quality DWQ Project # 08-0674 Haywood County 7002 0460 0001 9899 7965 Subject Property: Ridgecrest Development Haywood County REQUEST FOR MORE INFORMATION Dear Mr. Wolmington: On April 10, 2008, the Division of Water Quality (DWQ) received your application to impact 0.07 acres of wetlands to construct the proposed Ridgecrest Development. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Application Item II., 1. requests Owner / Applicant Information. You have supplied that Woolmington-Smith Ventures, LLC is the owner and applicant of the property in question. On your supplied agent authorization document, you indicate that Woolmington-Smith Family Trust is the property owner. Neither company /entity is registered with the North Carolina Secretary of State to do business in the State of North Carolina. NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828) 299-7043 1-877-623-6748 GAWPDATA\DEMWQ\Haywood\401 s\08-0674.Ridgecrest.Add-Info.doc An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper May 24" Page Additionally, the registered owner for the property in question is Craig and Barbary Woolmington-Smith, Trust not either of these names listed in the application or supporting documents. You must provide clear and accurate owner information in both the application and the Agent Authorization. Any business or entity desiring to do business in North Carolina must be registered with the North Carolina Secretary of State. 2. Application Item IV., Prior Project History requests that all previous property. related governmental actions (Jurisdictional Determinations, Permits, wetland, stream, and buffer impacts, associated mitigation) be detailed. The supplied information describes the Notice of Violation issued by the Division, but does not indicate that any other actions have been taken. Please provide a more concise description of the governmental actions taken with respect to this property. 3. Application VI., 1. Proposed Impacts requests that a description of the needed impacts be detailed. You have stated that these wetland impacts were necessary to access Lots 2, 20, 23 and 27. The supplied details indicate excessive fills were placed to achieve these goals. You must provide a complete plan for property access, which will provide for the maximum restoration of filled wetlands possible not necessary to achieve the project need, in order to resolve the issued Violation. This discussion should include, but not be limited to, further sharing of driveways, re -arranging lot lines, restoration plans, etc. Please respond within 15 business days by sending 5 copies of this information to both the 401 Permitting Unit at: Mrs. Cyndi Karoly 401 Permitting Unit 1650 Mail Service Center Raleigh, NC 27699-1650 And a single copy to the Asheville Regional Office at: Kevin Barnett Surface Water Protection Section 2090 US HWY 70 Swannanoa, NC 28778 If we do not hear from you within 15 business days, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. Ridgecrest May 22, 2008 Page 3 of 3 This letter only. addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Mr. Kevin Barnett at 828-296-4657 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, Roger C. Edwards, Regional Supervisor Division of Water Quality Surface Water Protection Section RCElkhb cc: Rebekah Newton, ClearWater Environmental Consultants, Inc 718 Oakland Street Hendersonville, NC 28791 401 Permitting Unit, Central Office USACE Asheville Regulatory Field Office David McHenry, Wildlife Resources Commission Mark Pruett, Haywood County Inspections File Copy Central Files Filename: 08-0674. Rid gecrest.Add-I nfo Michael F. Easley, Governor William G. Ross Jr., Secretary Q North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality —i "C Asheville Regional Office SURFACE WATER PROTECTION May 23, 2008 Mr. Tim Holloman, Town Manager Town of Columbus Post Office Box 146 Columbus, North Carolina 28722-0146 Subject: Compliance Evaluation Inspection NPDES Permit No. NCO021369 Town of Columbus Wastewater Treatment Plant Polk County Dear Mr. Holloman: Attached is the report resulting from the Wastewater Treatment Plant Compliance Evaluation Inspection which I conducted on May 21, 2008. It was my determination that the Operator in Responsible Charge for the Town of Columbus is doing a good job of operating the Town's thirty-five year old Wastewater Treatment Plant. I am concerned about the deteriorated condition of the visible clarifier steel. The V-notch weir plates and surface sweep are in bad shape. Within sixty days of date of receipt of this inspection report, please submit an engineering report detailing how the Townwould repair/replace the deteriorated steel components of the clarifier, while continuing to provide activated. sludge clarification and sludge return. The report should include a description of how an investigation into the condition of those clarifier components under water, and therefore not visible, would be carried out. I realize that a study is underway, looking at regionalization of sewer service; nonetheless I would like to have a study detailing how the clarifier could be repaired should regionalization not occur. The Columbus wastewater treatment plant is not equipped with a grit chamber. As a consequence, thirty-five years of grit has accumulated in the aeration basin. Study has determined that aeration basin volume is occupied by approximately three feet of grit and settled solids. At the same time you submit a report relating to investigation and replacement of clarifier steel please inform us of the hydraulic volume of the aeration basin. 2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 NonthCarolina i� nfsis n��ri Please do not hesitate to call me at 828 296 4659 should you need to discuss any aspect of th,, report. Sincerely, Roy M. Davis Environmental Engineer G:\WPDATA\DEMWQ\POLK\21369 Columbus WWTP\C E Inspection Cover Letter.08.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 (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO021369 Ill 121 08/05/21 17 18I CI 19I SI 20I II Remarks 66 ILJ 211111 11111111111111111111 1111111111111111 LHI Inspection Work Days Facility Self -Monitoring Evaluation Rating 61 CA ----------------Reserved---------------------- 67I 169 70I 5 I 71 I_I 72I N I 73 W 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:30 AM 08/OS/21 03/12/01 Columbus WWTP Exit Time/Date' Permit Expiration Date NCSR 1532 Levi Rd Ext Columbus NC 28722 11:00 AM 08/05/21 08/07/31 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 Glenn us NC No 287220M46//828-894-3055/8288942b797 Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ■ Flow Measurement Operations & Maintenance ® Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters 0 Other 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 Roy M Davis ARO WQ//828-296-4500 Ext.4659/ i�'nNa) Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I N00021369 I11 12' 08/05/21 117 18H Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Thirty-five year old plant is being well operated. All visible steel associated with the clarifier is rusted and in many cases badly deteriorated by corrosion. Page # 2 Permit: NCO021369 ztion Date: 05/21/2008 Owner - Facility: Columbus WWTP Inspection Type: Compliance Evaluation ,ner Comment: Yes No NA NE Operations & Maintenance Is the plant generally clean with acceptable housekeeping? ■ ❑ 0 Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ Q n Judge, and other that are applicable? Comment: MLSS and aeration basin Disolved Oxygen Yes No NA NE Permit (If the present permit expires in 6 months or less). Has the permittee submitted anew application? ■ 0 0 n ■ n ❑ n " Is the facility as described in the permit? Q ■ p 0 # Are there any special conditions for the permit? ■ .Cl ❑ n Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? ■ 0 0 ' fl Comment: -' yes . No;;, NA NE Bar Screens Type of bar screen- _ r f_1 b.Mechanical ■ n,,.n q , Are the bars adequately screening debris? ■ .rl 0 El Is the screen free of excessive debris? ■ 1_l n ❑ ; Is disposal of screening in compliance? Is the unit in good condition? Comment: Screenings are land filled. Aeration Basins Mode of operation Type of aeration system Is the basin free of dead spots? Are surface aerators and mixers operational? Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin's surface? Yes No NA NE Plug flow Surface n■nn ■oon nn■n ■00D ■nnn Page # 3 Permit: NCO021369 Inspection Date: 05/21/2008 Aeration Basins Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/1) Owner - Facility: Columbus WWTP Inspection Type: Compliance Evaluation Comment: Settlable solids occupy on an average three feet of the basin volume. ■ n n n ■nnn 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? ■ n ❑ n Are weirs level? ■ ❑ n n Is the site free of ;weir. blockage? ■ n n Is the site free of evidence of, short-circuiting?, ■ n. n Is scum removal adequate? ■ . n ,n : n Is the site free of excessive floating sludge? ■ n ❑ , n Is the drive unit operational? ■ .n n•. Is the return rate,acceptable (low turbulence)? ■.;:n n. n Is the overflow clear of excessive solids/pin floc? ■ :n n._n Is the sludge blanket level acceptable? (Approximately % of the sidewall depth) ■. n ❑ n Comment: Clarifier steel is badly rusted and deteriorated. Disinfection-pap:.",',",,,:...,,Yes ,No NA.., NE Are cylinders secured adequately? ; v. ■.:n. ❑ n . Are cylinders protected from.direct sunlight?, ■ n..❑ Is there adequate, reserve supply of disinfectant? ■. t=1 n Is the level of chlorine residual acceptable? ■::.n n n Is the contact chamber free of growth, or sludge buildup? ■ n n El Is there chlorine residual prior to de -chlorination? ■ n Does the Stationary Source have more than 2500 lbs of Chlorine (CAS No. 7782-50-5)? n ■ Cl n If yes, then is there a. Risk Management Plan on site? n ❑ ■ n If yes, then what is the EPA twelve digit ID Number? (1000- - ) If yes, then when was the RMP last updated? Comment: Four chlorine cylinders on site. De -chlorination Yes No NA NE Type of system ? Liquid Page # 4 Permit: NC0021369 Owner - Facility: Columbus WWTP ction Date: 05/21/2008 Inspection Type: Compliance Evaluation Yes No NA NE a -chlorination ■nnn Is the feed ratio proportional to chlorine amount (1 to 1)? 0 0 ■ 0 Is storage appropriate for cylinders? # Is de -chlorination substance stored away from chlorine containers? ■ n n n n n ■ n Are the tablets the proper size and type? Comment: Calcium thiosulfate used for dechlorination. n Cl ■ Are tablet de -chlorinators operational? 0 Number of tubes in use? Comment: Yes, No .NA;. NE Pumps-RAS-WAS ■ 0 [I 0 Are pumps in place? ■ .rl f_I .[I ,,. Are pumps operational? ■ Are there adequate'spare parts and supplies on site? Comment: Good RAS pumps. Yes No -.NAt. NE Effluent Pipe ■ 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 ar6required) are they operating properly? Comment: ,Effluent is clear. ,Yes. No,>-NA,NE Flow Measurement - Infiuent ■.n n.n; . # Is flow meter used, for reporting? ■nnn Is flow meter calibrated'annually? ■ n n n Is the flow meter operational? (If units are separated) Does the chart recorder match the flow meter? ■ n 00 Comment: Plant equipped with ultrasonic unit mounted over chlorine contact tank behind V-notch weir. Page # 5 NCDENR-DWQ-SWP Memo To: Rainbow Springs Partnership From: Chuck Cranford cc: Incident file Date: 5/23/2008 Re: Lower Moore Creek Lake water release date correction The attached copy of NOV-2008-SS-0019 corrects the Lower Moore Creek Lake water release date noted in the previous version. 1 Michael F. Easley, Governor William G. Ross Jr., Secretary QNorth Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality AQW Asheville Regional Office SURFACE WATER PROTECTION May 20, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED Edgar B. Shope 756 Wayah Road Franklin, NC 28734 CERTIFIED MAIL RETURN RECEIPT REQUESTED Rainbow Springs Partnership Tim Moore 781 Rainbow Springs Road Franklin, NC 28734 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2008-SS-0019 Stream Standards Violation - Other Waste (In -stream sediment) Failure to Secure Stormwater General Permit NCG010000 Macon County Dear Messrs. Shope and Moore: On May 8, 2008, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection along Moore Creek and the Nantahala River in Macon County. According to the incident file, Mr. Moore was in attendance during part of the site visit. Stream standards and Construction Stormwater Permit NCGO10000 violations were noted during the site visit and file review. Sediment impacts to Moore Creek, classified as C, Tr, ORW waters and the Nantahala River, classified as B, Tr, ORW waters, were documented. This office understands that release of water and sediment from the Upper and Lower Moore Creek Lakes occurred during separate events. According to information provided to DWQ, the Lower Lake, owned by the Rainbow Springs Partnership, was drained in February 2008 and the Upper Lake, owned in part by Mr. Shope was drained on or about April 28, 2008. The documented violations apply to both parties and are detailed below: NorthCarolina Naturally 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 877-623-6748 G:\W PDATA\DEMW Q\Macon\Complaints\RainbowSprings\NOV-2008-SS-019_DateCorrection.doc Messrs. Shope and Moore Page 2 of 3 May 20, 2008 VIOLATIONS I. Stream Standards Violation - Other Waste (In -stream sediment) 15A NCAC 02B .0211(3)f - Greater than 4,500 feet of Moore Creek, classified as C, Tr, ORW waters, was impacted by sediment deposition estimated to be between 3 and 17 inches throughout the stream reach. An indeterminate length of the Nantahala River, classified as B, Tr, ORW waters, was also impacted by sediment deposition ranging upwards of 14 inches. These impacts represent Water Quality Stream Standards violations of 15A NCAC 02B .0211 (3) (f)• IL Failure to Secure Stormwater General Permit NCGO10000 - Site visits and information provided by Macon County Erosion Control confirmed that no application had been submitted nor approval received for a Sedimentation and Erosion Control (S&EC) Plan relating to the subject land -disturbing activity. The submission of a proposed S&EC Plan to the Division of Land Resources or delegated local program shall be considered to take the place of a Notice of Intent for coverage under the NCGO10000 General Permit needed for those projects disturbing greater than 1 acre of land and requiring a S&EC Plan. Coverage under this General Permit shall become effective upon issuance of an approval for the S&EC Plan by the Land Quality Section of the Division of Land Resources or delegated local program. REQUIRED RESPONSE This Office requests that you respond in writing within 15 days of receipt of this Notice. Your response should be sent to both to the attention of Chuck Cranford, Division of Water Quality, 2090 US HWY 70, Swanannoa, NC 28778 and to the attention of Mr. John Hennessy at the Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should address the following items: I. Stream Standards - Other Waste (In -Stream Sediment) a. Please explain how and when the sediment discharge began at the site. b. Please provide a map that exactly details the jurisdictional waters on the tract. This map should indicate all of the jurisdictional waters on the tract as well as the areas that have been impacted, both on and off site. This information must be clearly depicted on a map that you provide as a part of this response. c. Please submit a Sediment Removal Restoration Plan (Restoration Plan) to this office for review and approval. The Restoration Plan must address removal of the accumulated sediment from Moore Creek and the Nantahala River. The Restoration Plan must be submitted to the Division of Water Quality for review and approval prior to implementation. You are encouraged to secure an environmental consultant experienced in stream restoration work to assist you with development and implementation of the Restoration Plan in order to achieve compliance. It is recommended that your consultant contact Chuck Cranford of the Asheville Regional Office for additional guidance during restoration plan development. The Restoration Plan should include the following: • An impact assessment of both Moore Creek and Nantahala River. and Moore A Page 3 of 3 • A narrative explaining how sediment will be removed and how impacted jurisdictional waters will be restored. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. • A diagram of the stream channel, referenced with photo documentation of sediment impacts. • A narrative explaining how sediment will be retained on the site and kept out of waterways, and how restoration activities will be conducted such that turbidity is not released. d. Once the Restoration Plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Chuck Cranford. II. Construction Stormwater Permit NCGO10000 a. Please explain when you anticipate being in full compliance with the NCGO10000 Permit and your Erosion and Sediment Control Plan. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above -mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Chuck Cranford or myself at (828) 296-4500. Sincerely, Roger C. Edwards Regional Supervisor Surface Water Protection Section Enclosure: NCGO1000 cc: John Hennessy — NPS Assistance and Compliance Oversight Unit Division of Land Resources ARO File Copy DWQ Central Files Macon County Planning STAFF REPORT TO: Susan Wilson FROM: Roy Davis DATE: May 23, 2008 SUBJECT: NPDES Permit Renewal Town of Columbus Wastewater Treatment Plant NPDES Permit Number NCO21369 Polk County The Town of Columbus is served by an extended aeration WWTP having a rated capacity of 0.8 MGD. The plant is thirty-five years old and consists of a mechanically cleaned bar screen, aeration basin with five surface aerators, a single circular clarifier, gas chlorination, liquid dechlorination, sludge thickener, and two sludge holding ponds (only one of which is routinely used). The plant is being well operated. Sludge is disposed of by land application. A study conducted by the Town and Rural Water revealed that thirty-five years of operation without influent grit removal has resulted in an accumulation of approximately three feet of solids in the aeration basin. Consider, prior to permit renewal, asking the Town to conduct a study and inform us of the hydraulic capacity of the aeration basin. The results of such a study may prompt us to re - rate the plant. GAWPDATA\DEMWWOM21369 Columbus WWTP\Permit Renewal Staff Report.08.doc CERTIFIED MAIL RETURN RECEIPT REQUESTED Lewis Blackburn 409 Stillwater Road Boomer, North Carolina 28606 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality May 23, 2008 DWQ Project # 08-0456 Caldwell County 7002 0460 0001 9899 7972 Subject Property: Hollow Springs Circle Caldwell / Wilkes County REQUEST FOR MORE INFORMATION Dear Mr. Blackburn: On April 22, 2008, the Division of Water Quality (DWQ) received your application to impact 1,000 linear feet of streams to construct the proposed streambank stabilization project. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Application Item III. requests the following: • A vicinity map, clearly showing the location of the property with respectto local landmarks, such as towns, rivers and roads. • A detailed site plan, showing property boundaries and project plans in relation to surrounding properties. o Both maps must include a scale and a north arrow. • The package should also include the USGS Topographic Quad map and NRCS Soil Survey with the property boundaries outlined. • For stream stabilization and / or structure installation, plan view and construction drawings must be included in order for the agency to determine applicability. • Color photographs of the existing stream banks with scale (shovel handle / survey rod / yard stock / person / etc.) to show the instability and adjacent land uses. NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828) 299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Caldwell\401s\08-0456.Hollow Springs Circle.Add-Info.doc An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper Hollow Sp, MaY,., Page,, 2. Application Item VI, Proposed Impacts requests a delineation map for the entire propE. showing all jurisdictional waters, streams, and wetlands onsite be included. 3. Application VII, Impact Justification request that you provide a description of the existing conditions on -site and the need / reason for the actions proposed to be taken. Additionally, you should explain how the proposed activity is the minimum amount of work necessary to achieve the project purpose. Please respond within 30 business days by sending 5 copies of this information to both the 401 Permitting Unit at: Mrs. Cyndi Karoly 401 Permitting Unit 1650 Mail Service Center Raleigh, NC 27699-1650 And a single copy to the Asheville Regional Office at: Kevin Barnett Surface Water Protection Section 2090 US HWY 70 Swannanoa, NC 28778 If we do not hear from you within 30 business days, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Mr. Kevin Barnett at 828-296-4657 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, Z Roger C. Edwards, Regional Supervisor Division of Water Quality Surface Water Protection Section RCE1khb cc: 401 Permitting Unit, Central Office USACE Asheville Regulatory Field Office David McHenry, Wildlife Resources Commission Mark Pruett, Haywood County Inspections File Copy Central Files 4_ Filename: 08-0456.Hollow Springs Circle.Add-Info Michael F. Easley, Governor Qt% William G. Ross Jr., Secretary �- North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality May 23, 2008 Buncombe County DWQ Project 20080723 NCDOT TIP No. B-4343 (East Oakview Road) Bridge No. 52 Replacement Approval of 401 Water Quality Certification with Additional Conditions Mr. Greg Shuler Engineering Services Manager City of Asheville 70 Court Plaza Asheville, North Carolina, 28802 Dear Mr. Shuler: You have our approval, in accordance with the conditions listed below, for the following impacts to Hominy Creek for the purpose of replacing (Bridge No. 52) on East Oakview Road in the City of Asheville in Buncombe County: Stream Impacts in the French Broad River Basin Site Permanent Stream Bank Permanent Temporary Total Stream Fill in Stabilization Fill in Fill in Stream Impacts Intermittent Perennial Perennial Perennial Impact Requiring Stream (linear Stream (linear Stream Stream (linear ft) Mitigation ft) ft linear ft linear ft linear ft _Site 1-Bridge 52 70 33 0 103 0 1 Total 70 33 1 0 103 0 Total Stream Impact for Project: Stream Bank Stabilization: 103 linear feet. The project should be constructed in accordance with your application dated April 21, 2008 (received April 21, 2008) and additional information received May 7, 2008, including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3704, corresponding to the U.S. Army Corps of Engineers Regional General Permit Number 31. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non -Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the'conditions listed in the attached certification and any additional conditions listed below. NorthCarolina �atura!!t� North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828) 299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer Mr. Greg Shuler May 23, 2008 Page Two 1. There shall be no excavation from or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures must be installed and maintained on the project site until all disturbed soils are permanently stabilized. All bare soil should be seeded as soon as possible following disturbance. Erosion control mating shall be used in conjunction with appropriate seeding on disturbed stream banks. Matting should be secured in place with staples or wherever possible, live stakes of native trees. Tall fescue shall not be used in riparian areas. 3. Widening of the stream shall be avoided. Stream channel .widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 4. The post -construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted area shall be revegetated with appropriate native species. 5. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 6. Bridge deck drains should not discharge directly into the streams. Stormwater shall be directed across the bridge and pre-treated through site -appropriate means (grassed swales, pre -formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the most current version of Stormwater Best Management Practices. 7. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High Quality Waters (HQW) or Water Supply I or 11 (WS-1, WS-II), stormwater shall be directed to vegetated buffer areas, grass -lined ditches or other means appropriate to the site for the purpose of pre -treating stormwater runoff prior to discharging directly into streams. Mowing of existing vegetated buffer areas is strongly discouraged. 8. The dimension, pattern and profile of the stream, above and below the bridge, shall not be modified. Disturbed, floodplains and streams shall be restored to natural geomorphic conditions. 9. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 10. The use of rip -rap above the Normal High Water Mark shall be minimized. Any rip -rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 11. Rip -rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 12. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 13. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 14. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 16. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 17. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the City of Asheville's Engineering Services Manager and the on -site project manager. 18. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 19. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. puler �008 nree 20. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 21. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 22. Upon completion of the project, the City of Asheville shall complete and return the enclosed "Certificate of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the --- Certification. Unless such demands are made, this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828-296-4500. Sincerely, �r i 4-14-av-66 Coleen H. Sullins, Director Division of Water Quality cc: Phillip Todd, SEPI Engineering Group Loretta Beckwith,USACE, Asheville Field Office Transportation Permitting Unit Asheville Regional Office 080723 B-52 East Oakview Road Bridge Replacement Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality May 23, 2008 Mr. Johnny Norton, Mayor Town of Hot Springs Post Office 218 Hot Springs, North Carolina 28743 SUBJECT: Compliance Evaluation Inspection Town of Hot Springs Wastewater Treatment Plant NPDES Permit Number NCO025836 Madison County Dear Mr. Norton: Attached is the report resulting from the Wastewater Treatment Plant Compliance. Evaluation Inspection that I conducted at Hot Springs on May 22, 2008. The plant has a healthy activated sludge and was observed to be producing a very clear effluent. The condition of the plant grounds however is another matter. The following issues should be attended to as quickly as possible: (1) Mow within the fenced area and have the vines removed from the fence enclosing the plant. (2) Remove all trash from the plant grounds and from within the building housing the blowers. (3) Remove grease from the clarifier center well. (4) Provide a shelter for the sodium hypochlorite and calcium thiosulfate drums. (5) Maintain a path to the end of the effluent outfall. No e hCarolina aturq«i� North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 FAX (828) 299 7043 1 877 Customer Service Internet: www..ncwaterquality.org An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper The Town's wastewater treatment plant represents a substantial investment and should treated as if the Town recognizes the plant's value. Please keep me informed as the ab listed items are dealt with. Sincerely, Roy. M. Davis Environmental Engineer Xc: Scott Ricker, Town of Hot Springs RandyJoseph, WWTPORC, Town of Hot Springs Surface Water Protection Section Central Files G:\WPDATA\DEMWQ\Madison\25836 Hot Springs WWTP\CEI Cover Letter.08.doc United States Environmental Protection Agency Form Approved. �� Washington, D.C. 20460 OMB No. 2040-0057 Water Com liance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO025836 111 121 08/05/22 117 18I CI 191 SI 20III Remarks 21111111�11 IIIIIIIIIIi11llllllllllllllllllil11116 In Work Days Facility Self -Monitoring Evaluation Rating 61 QA ---------------------------Reserved---------------------- 67I 169 70I 3I 711 II 72I NI 73I IW 74 751 I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:00 AM 08/05/22 05/11/01 Hot Springs WWTP Exit Time/Date' .,Permit Expiration Date Bridge St. Hot Springs NC 28743 10:00 AM 08/05/22 10/09/30 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number' Contacted Randy A Joseph,PO Box 218 Hot Springs NC 28743//828-622-7550/ No Section C: Areas Evaluated During inspection (Check only those areas evaluated) Flow Measurement Operations & Maintenance Facility Site Review Effluent/Receiving Waters, Other 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 Roy M Davis ARO WQ//828-296-4500 Ext.4659/ bsl;1-31c�� Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I N00025836 I11 12I 08/05/22 I17 18I0I Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Plant is producing a very clear effluent. Vegetation needs to be removed from plant grounds and fence, trash needs to be removed from plant grounds and blower building. Sodium hypochlorite and calcium thiosuifate drums need to be placed under shelter. Grease needs to be removed from clarifier centerwell. Path needs to be maintained to end of effluent pipe. Page # 2 Permit: NCO025836 Owner - Facility: Hot Springs WWTP ,ction Date: 05/22/2008 Inspection Type: Compliance Evaluation ar Screens Type of bar screen a.Manual b.Mechanical Yes No NA NE ■ n 0 0 ❑ n Are the bars adequately screening debris? ■ ❑ ❑ 0 Is the screen free of excessive debris? Is disposal of screening in compliance? 0 O n 11 ®n n Q Is the unit in good condition? Comment: Screenings placed on.ground before removal to landfill. "- Yes No NE Aeration Basins ,NA Ext. Air-:. Mode of operation Diffused Type of aeration system • fl. n Is the basin free of dead spots? ,fl 1Tl n.w o 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? fl n, n ■ , Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/1) rl n `'n Comment: Good looking activated sludge, settles nicely, leaving a clear effluent. Secondary Clarifier -Yes, No;<NA,NE Is the clarifier free of black and odorous wastewater? n` 00 Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ E 0 0 n Q n Are weirs level? Is the site free of weir blockage? Cl 0 Q Is the site free of evidence of short-circuiting? ❑ n 0 Is scum removal adequate? Is the site free of excessive floating sludge? n 0 n ❑ n Is the drive unit operational? 0 Q Q Q Is the return rate acceptable (low turbulence)? Page # 3 Permit: NC0025836 Owner - Facility: Hot Springs WWTP Inspection Date: 05/22/2008 Inspection Type: Compliance Evaluation Effluent Pipe Yes No NA NE Are the receiving water free of foam other than trace amounts and other debris? M 0 Q Q If effluent (diffuser pipes are required) are they operating properly? n ❑ ■ 01 Comment: Need to maintain path to end of effluent pipe. Flow Measurement - Influent Yes No NA NE i Page # 5 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources May 23, 2008 CERTIFIED MAIL Receipt Number 7002 0460 0001 9899 7989 Mr. Garmon G. Dale, Jr. Post Office Box 535683 Grand Prairie, Texas 75053 Coleen H. Sullins, Director Division of Water Quality Subject: NOTICE OF VIOLATION Number NOV-2008-DV-0248 5081 Jenkins Road Burke County, North Carolina Dear Mr. Dale: In response to a complaint of intrusion into Bailey Fork Creek in Burke County, North Carolina, staff of the Division of Water Quality visited the site on May 16, 2008. Observations.:. revealed that grading work adjacent to Bailey Fork Creek resulted in deposition of sediment 'in the stream. Sufficient sediment and fill material had entered the creek to constitute violation: of the water quality standards of North Carolina stated at Title 15A North Carolina Ad min istrative.Code: Section 02B.0211. Any violation of a water quality standard subjects the responsible party to enforcement proceedings stated.at Sections 143-215.6A and B of the General Statutes of North Carolina. , Within 15. days of receipt of this letter, please respond in writing stating actions that will be undertaken to prevent sediment and fill material from entering Bailey Fork Creek as well ''a preventing any other violations of water quality standards. . Your attention is appreciated. Please contact Mr. James Reid at telephone number 828 296-4500 if there are questions. - - Sincerely, 0 Roger C. Edwards, Regional Supervisor Surface Water Protection Section Xc: Ken Ross, Grading Kevin Clark, NRCS o ` NhCarolina Ala wla«y North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828) 299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper Michael F. Easley, Governor William G. Ross Jr., Secretary ent of Environment and Natural Re sources rector AT, �k North Carolina Departm Coleen H. Sullins, Q� Division of Water (duality p� Asheville 0. 0Q11 —_ May 27, 2008 dy Jameson, Vice -President Mr` pan Incorporated Ingles Markets, 6676 Post off ice orth Carol' 28816 Asheville, W Q003305 Subject'. Permit No. Ingles Markets, incorporated Ingles # 8, Black Mountain stem Extension W astew be Countytion Sy Buncom Jameson' 0 2008, and additional information May008, to Dear Mr. James nl 3 No WQ0033057, dated May 27, with your application. re herew� h Per mtt and shall be n f the subject wastewater collection In accordancewe are forward 9 operation o received on May 16, 2008 e from the date of issuance until rescind r or orated for the constreCtt'v n and p copy of the is ►nc P be effective • .This. cover letter shovel be cons, a Ingles Markets, This permit shall specified therein. system extension. reference. Please send R°Y o the conditions and lim►tat'l as sp collection system extension wastewater subject t it and is incorporated therein by part of this p our contractor for this co U1reS that the or any permit NCAC 2T '04p3 proceed- issued to Y 3 which with "notice top to permit Condition articular attention d maintained in accordance with. 1 SA Please pay p o erated an {o the Permittee. ect that does ro erly p stem permit issued of the pro) er Minimum collection facilities ide collection system acceptance Of any ne Gravity Sew M Criteria individual sy accep Design ,s Divest Minimurn Deg licable, of this project does not constitoft�ater Quality (.. 000 as app Permitting s 0ect es Division livable; and the Division 2' certi{ication. not meet 15A NCAC 1996 as app gins adopted of the e Criteria adopted February 12° Stations and Force. M acceptance It shall be th Designof Pump roval is based on ,`cation. for the fast -Track Permitting Division app Engineer named in the app riate design Cr►terja unless specifically mentioned herein. General Statute that the as -constructed project meets the appr0p er collection provided by the North Carolina -licensed Professional ng ce with North Carolina { p responsibility to ensur penalties in accordance Permittee's I may result in p lacement wastewater board. and rules. Failure to comp Y construction of additional a repla to the licensing §143-215.6A through §143-215.6C, facilities, and/or referral of the North Carolina -licensed Professional ng Asheville Regional office 2090 US Highway 70, Swannanoa, NC 28778 DENR Customer Service Center An Equal opportunity Action Employer Internet www.ncwaterquality.org OnehCO�la Telephone (828) 296-45oo Fax (828) 299 7043 NO �[U7r lly Nt U Telephone 1 800 623-7748 50% recycled/10% post -consumer paper -L Engles Markets, Incorporated May 27, 2008 In accordance as amended with the provisions of Pag, In ieS ,and other applicable Article 21 of Chapter PVC Markets, Incor Laws, Rules pier 143 gravity porated to construct 'and Regulations General Statutes of # 8 in Black Sewer and rat linear feet of and operate approximately permission if North Caroling Mountain and the 8-inch diameter hereby granted to the Metro discharge meter ductile iron 88 linear feet of Metropolitan t o of 4 6-inch diameter to the a Sewerage District of Bunco ,900 gallons gravity sewer to application received on mbe Co per day of collected do serve Ingles Stare Gravity Sewer Minirnu May 16, 2008 Count for (MSD dome wastewater into Minim n? Design and in confY's ) existing sewera m Design Criteria for the Criteria adopted F y with 15q NCgC ge system June 1, 2000 Fast -Track Permitting 12, 1996 as 2T 0200; 'pursuant as applicable; and other su ermittin m applicable t the Division s Department of Environment ppo►iin 9 of pump Stations � he Division's meet and Natural g data subsequently and Force Mains Resources and considered ailed and a adopted Wastewater sewage and approved by the wastewater part of this permit. stream. meet Facilit Collected by this Y (Permit No. NC0024911 system shall be treated in the MSD's Construction of the s discharged into. the the construction ubject wastewater collections receiving District of Buncombe operation of these sewers mbe County. has been obtained shall o not commence until approval for If any parts,. re Metropolitan Sewerage right to request an ad•quirements o r limitations contained in this Permit. This re ludica#ory hearing Carolina quest must be in the form written re Permit are unacceptable, you have the Center, Raleigh, and filed with the p petition, days foliowing 50Breceipt gh, NC 27699-6714, ff►ce of Conforming to Cha ter of this binding'. Unless such Administrative p 15.OB of Nosh - demands Hearings, North Center Service are made, this permit shall be final and If you need additional informatio 296-4500. n concerning this matter, please contact Roy Davis . at. (828) Sincerely, .for Coln H. Sulli Division of Water ' Director cc: qRp ombe Quality County guildin PatrickSurtace Water 9 Inspector Stan M. Rivers pEProtection (WWTF Permit No. N Boyd, MSD C0024911) Surface Water Protect PERCS Files ion Section Central Files G'SWPDATAIDEMWQIBuncombelMSp �l Collection System\WQ0033057 Ingles #8.doc NUV_\J v�y,Gu -.0%VJn'f- =u AVN AGI11e GJ%1_Nn aQN ao� aagsap e s! aaay> no a uaooun8 ut lun W �1� ni Sa2� l a4a j u� uj SaB J WAS COLLECTION SYSTEM hxi ENSIGN PERMIT WQ0033057 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities r WaterrQual y's accordance with the conditions of this permit; 15A NCAC .020 applicable; the (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as, aps and 'Ponce Division's Minimum Design Criteria for the eFastandTotherrack s uppotrting�mat vials unless specifically Mains adopted June 1, 2000 as applicable; mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. n facilities shall be properly maintained and operated at all :times. The,. 3. The wastewater collectio Permittee shall maintain compliance with an individual system -wide NCAC 2Tn0403 systemlf,an ,indi� t dal operation and maintenance of these facilities as required by 15 permit is not required, the following performance criteria shall be met as provided in, 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained andoperated of acdatallime standards fn discharge to land or surface waters, and any contraventionegroundwater 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High -priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. 1 , Vats aS m _W 17pan% nStr and m ay be a ed by doce r uctl aY or ppro umentat%o 'rirn -a-for On Of th may no prlate. T n from the mrt"ay perm�r re. �rrup� SQ grciV(tY Sr?We t be approved. he aPProva/ of this sa rIeS equest l ved, �� v�C� b shall to e Su Y he exisfin rs' pump Stations, and force mains �faCe wafers g uftlltles nor result jn an OVert10W or bypass be scheduled so as not to Of the State. discharge of wastewater 6. Upon Completion of construction and prior to operation of these permitted facilities, a certification copy of the construction record drawings, as well as supporting ' a stations p pporting design calculations for any pump permitted as art of this project shall be received from a North Carolina -licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T .0200; the. Division's Gravity Sewer Design Criteria adopted February12 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of um Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibilit to track further construction approved under the same permit, and shall provide a final certificate of completion once the <entire project has been completed. A copy of the construction record drawings,, indicating the facilities constructed in the. phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification,; one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non -Discharge. Permitting Unit, 161.7 Mail Service Center, Raleigh, NC 27699-1617. of the wastewater g y the Permittee for tke 7. A copy of the construction record drawin s shall be maintained on file b life collection. facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCACZT .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable;. the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump, Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in` accordance with North Carolina General Statutes §143 215.6A through §143-215.6C. 9. In the, event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213.0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville ReI Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: PA