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HomeMy WebLinkAboutDWR SWP Read File Archive June 2011 A 4", NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary June 1, 2011 Lee Smith, Utilities Director City of Hendersonville 305 Williams Street, Suite 119 Hendersonville, NC 28792 Subject: Permit No. WQ0035385 City of Hendersonville The Town Center Wastewater Collection System Extension Henderson County Dear Mr. Smith: In accordance with your application received May 23, 2011,we are forwarding herewith Permit No. WQ0035385, dated June 1, 2011, 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 This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein.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 therefore incorporated therein by reference. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or any individual system-wide collection system permit issued to the Permittee. Please send Keith Haynes of the Asheville Regional Office a copy of the "notice to proceed" issued to your contractor for this collection system extension. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2H .0200; the, Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. One SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE ' T1orthCarolina Location:2090 U.S.Highway 70,Swannanoa,NC 28778 ��atura!`lf Phone:(828)296-4500\FAX:828 2997043\Customer Service: 1-877-623-6748 Internet:www.ncwaterquality.org CITY OF HENDERSONVILLE JUNE 1, 2011 Page In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the City of Hendersonville for the construction and operation of approximately 160 linear feet of 8-inch gravity sewer and 3255 linear feet of 10-inch gravity sewer to serve a residential subdivision,school, office and retail space as part of the Town Center project, and the discharge of 2895 gallons per day of collected domestic wastewater into the City of Hendersonville's existing sewerage system, pursuant to the application received May 23, 2011 and in conformity with 15A NCAC 2H .0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit; ) The sewage and wastewater collected by this system shall be treated in the City of Hendersonville Wastewater Treatment Facility (Permit No. NC0025534) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Keith Haynes at (828) 296-4500. Sincerely, _ > for Coleen H. Sullins, Director Division of Water Quality cc: Henderson County Health Department Asheville Regional Office, Surface Water Protection Thomas R. Wilson, PE Water Quality Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2H .0227. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H .0227: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. I <MIT NO W00035385,_ City of Hendersonville, The Town Center Henderson County June 1, 20. 1 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 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 EMIT NO WQ0035385 City of Hendersonville., The Town Center. Henderson County June 1 2011 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the first day of June, 2011 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Col en H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number W00035385 3 �_ . �-� U _. __-__ .-IMIT_blO W00035385 City of Hendersonville, The Town Qenter Henderson County June 1 2411 cNGINEERING CERTIFICATION - POST CONSTRUCTION System Description: 160 linear feet of 8-inch gravity sewer and 3255 linear feet of 10-inch gravity sewer to serve a residential subdivision, school, office and retail space as part of the Town Center project, and the discharge of 2895 gallons per day of collected domestic wastewater Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEERS CERTIFICATION ❑ Partial ❑ Final I as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑full time)the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2H .020Q; 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. ......4 RMENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 1, 2011 J. Robert Boyette, City Manager City of Marion P.O. Drawer 700 Marion, N.C. 28752 Subject: Permit No, WQ0035380 City of Marion Cypress Road & Overlook Drive Sewer Wastewater Collection System Extension McDowell County Dear Mr. Boyette: In accordance with your application received May 17, 2011, we are forwarding herewith Permit No. W00035380, dated June 1, 2011, to the City of Marion for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Don Price a CODV of the "notice to roceed" 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 City of Marion June 1, 2011 Page; In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the City of Marion for the construction and operation of approximately 688 linear feet of 8- inch gravity sewer to serve 6 3-bedroom residences as part of the Cypress Road & Overlook Drive Sewer Extension project, and the discharge of 2,160 gallons per day of collected domestic wastewater into the City of Marion's existing sewerage system, pursuant to the application received May 17, 2011 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the City of Marion's Corpening Creek Wastewater Treatment Facility (Permit No. NC0031879) 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 Don Price at (828) 296- 4500. Sincerely, for Cofeen H. Sullins, Director Division of Water Quality cc: McDowell County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0031879) Randall D. Hintz, P.E./McGill Associates, P.A. Surface Water Protection Section Central Files PERCS Files SAMPNcDowell\Collection Systems\Marion Collection System\WQ0035380 Cypress Road and Overlook Drive 05 31 2011.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 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. l ...._..__._... PERMIT NO.WQ0035380, City of Marion, Cypress Rd. & Overlook Drive Sewer Extension, McDowell County June 1 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 the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 MIT NO WQ0035380 City of Marion Cypress Rd &Overlook Drive Sewer Extension McDowell County June_1 0011 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 1st day of June, 2011 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for tolden H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0035380 3 PERMIT NO.WQ0035380, City of Marion, Cypress Rd. &Overlook Drive Sewer Extension McDowell County June 1 21� ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: permission is hereby granted to the City of Marion for the construction and operation of approximately 688 linear feet of 8-inch gravity sewer to serve 6 3-bedroom residences as part of the Cypress Road & Overlook Drive Sewer Extension project, and the discharge of 2,160 gallons per day of collected domestic wastewater into the City of Marion's existing sewerage system Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are requiredfor 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; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ................................................................................................... SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ............ The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary June 1, 2011 Joseph Moore,Manager City of Brevard 95 West Main Street Brevard, NC 28712 Subject: Permit No. WQ00035383 City of Brevard Railroad Ave & Burrell Ave Sewer Relocation Transylvania County Dear Mr. Moore: In accordance with your application received May 18, 2011, we are forwarding herewith Permit No. WQ0035383, dated June 1, 2011, to the City of Brevard for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or any individual system-wide collection system permit issued to the Permittee. Please send Keith Haynes of the Asheville Regional Office a copy of the "notice to proceed" issued to your contractor for this collection system relocation. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE No'rthCaro/li/na Location:2090 U.S.Highway 70,Swannanoa,NC 28778 Naturally Phone: (828)296-4500\FAX:828 2997043\Customer Service: 1-877-623-6748 Intemet:www rimatergualitv.org City of Brevard June 1, 2011 pas In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the City of Brevard for the construction and operation of approximately 396 linear feet of 12-inch gravity sewer -- and 538 linear feet of 10-inch gravity sewer to serve a residential area as part of the Railroad Ave and Burrell Ave Sewer Relocation project, and the discharge of no additional gallons per day of collected domestic wastewater into the City of Brevard's existing sewerage system, pursuant to the application received May 18, 2011 and in conformity with 15A NCAC 2H .0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit; The sewage and wastewater collected by this system shall be treated in the Brevard Wastewater Treatment Facility (Permit No. NC60534) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Keith Haynes at (828) 296-4500. Sincerely, Vro-)v", L7. for Coleen H. Sullins, Director Division of Water Quality cc; Transylvania County Health Department Asheville Regional Office, Surface Water Protection High Country Engineering, PC Water Quality Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2H .0227. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H .0227: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. t PERMIT NO W00035383City of Brevard Railroad & Burrell Ave Sewer Relocation Transylvania Qountyjune' ll 4. This permit shall not be transferable. 1n the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 10IT NO W00035383City of Brevard., Railroad & Burrell Ave Sewer Relocation Transylvania Count tiune 1. 2011 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the first day of June, 2011 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION -64 for Col n H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0035383 3 MIT NO Railroad of Brevard, ilroad & Burrell Ave Sewer Relocation Transylvania Countyjun 1. 2011 :NGINEERING CERTIFICATION — POST CONSTRUCTION System Description: 396 linear feet of 12-inch gravity sewer and 538 linear feet of 10-inch gravity sewer to serve a residential area as part of the Railroad Ave and Burrell Ave Sewer Relocation project, Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑weekly, ❑full time)the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ........................................................................... SEND THIS FORM&SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ................................................................................................. The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. RMENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 1, 2011 Steve Harrell Rock-Tenn Converting Company 1659 East Court Street Marion,NC 28752 Subject: No Exposure Certification—Approval NCGNE0778 Rock-Tenn Converting Company McDowell County Dear Mr. Harrell: The Division has reviewed your application for a No Exposure Certification for Exclusion (NE)for the subject facility. Based on the information provided and a site visit conducted on May 26, 2011,the NE has been approved Please note that you are obligated to maintain no-exposure conditions at your facility. If conditions change such that your facility can no longer qualify for a NE,you are obligated to immediately obtain NPDES permit coverage for your stormwater discharge. Otherwise,the discharge becomes subject to enforcement as an un-permitted discharge. Your NE does not expire. In order to help assure that your facility stays in compliance with all of the conditions in the Certification,you must self-recertify your facility at least annually.Please see the attachment for information on self- recertification. Your conditional exclusion from permitting does not affect your facility's legal requirements to obtain environmental permits that may be required under other federal, state, or local regulations or ordinances. If you have any questions or need further information, please contact Chuck Cranford at 828-296-4664 or chuck.Cranford gncdenr.gov. Sincerely, For Coleen H. Sullins Eric. cc: Stormwater Permitting Unit/Ken Pickle,No-Exposure Files ARO Files S:\SWP\McDowell\Stormwater\3-No Exposures\APRVL_RockTenn.5.31.1l.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 NQrthCarolln.a Internet:www,ncwaterquality.org vatmallrY An Equal Opportunity\Affirmative Action Employer No-Exposure Self-Recertification Information: You are obligated to maintain no-exposure conditions at your facility. If conditions change such that your facility can no longer qualify for a no-exposure exclusion, you are obligated to immediately obtain NPDES permit coverage for your stormwater discharge. Otherwise, the discharge becomes subject to enforcement as an un-permitted discharge. Your conditional no-exposure exclusion must be self-recertified at least annually as follows: - Complete re-certification at a minimum of once per year Use items 12 through 17 on the Division's No-Exposure Form to perform the written facility evaluation and re-certification. - Maintain a record of re-certifications on file at the facility. Do not submit the re-certification to DWQ unless requested. - Notify the Division of any changes in ownership, significant facility and/or activity changes, or if the facility can no longer maintain no-exposure. - Submit a copy, upon request, of the re-certification to the Division or the municipality in which the facility is located. -Allow the NPDES permitting authority or, if discharging into a municipal separate storm sewer system, the operator of the system, to: (1) inspect the facility; and (2) make such inspection reports publicly available upon request. Information and forms related No-Exposure Certifications can be accessed at the following website: http://portal.ncdenr.org/web/wq/ws/su/npdessw#No_Exposure_NPDES Rev.27Ju12010 44TXXJ CDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 1, 2011 Carl Horvat Unimin Corporation PO Box 588 Spruce Pine NC 28777 SUBJECT: Bioassay Compliance Inspection Schoolhouse Quartz facility Permit No: NC0000361 Avery County Dear Mr. Horvat : Enclosed please find a copy of the Bioassay Compliance Inspection conducted on May 10, 2011. The test using these samples resulted in a pass. The facility appeared to be in Compliance with permit NC0000361. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, 1141 Jeff Menzel Environmental Specialist Enclosure cc: Larry Scott Fortner, ORC Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S. Highway 70,Swannanoa,NC 28778 NooiC lCarofina Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 �gtuta/I� Internet:www.ncwatercivality.org S:\SWP\Hvery\Wastewater\Industrial\Unimin Schoolhouse 00361\00361 BCI 2011.doc .. _".... I��.! United States Environmental Protection Agency Form Approved. EPA n Washington,D.C.20460 OMB No.2040-0057 Cr/'1 Water Compliance Inspection Report Approval expires8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 I s1 31 NC0000361 111 121 11/05/10 ( 17 181 R1 191 lJ .c1 201 tJ LJ Remarks —! lJ 211111111111111111111111111JIIIIIIIIIIIIIIIIII1116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved---------------------- 67 L 169 70 U) 71 f,( 72)N( 73I�--`—+I 174 751 I I I I I I 180 Section B: Facility Data u 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) 10:00 AM 11/05/10 06/11/01 Schoolhouse Quartz facility US Hwy 19-E Exit Time/Date Permit Expiration Date Spruce Pine NC 28777 10:30 AM 11/05/10 11/02/28 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Larry Scott Fortner/ORC/828-765-4251/ Name,Address of Responsible Ofticial/Title/Phone and Fax Number Contacted Carl Horvat,PO Box 588 Spruce Pine NC 28777//704-765-4283/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) 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 1011 Jeff Menzel ARO WQ//828-296-4500/ po�oe /6611/ /r Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont. 3I NC0000361 (11 12'- 11/05/10 I17 18LB Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The aquatic test using composite samples of effluent discharged from Unimin Schoolhouse Quartz Facility has been completed. Unimin Schoolhouse Quartz Facility has an effluent discharge permitted that is 21.6 million gallons per day entering the North Toe River(7Q10 of 30.0 CFS). Whole effluent samples were collected on May 10th and 12th for use in a chronic Ceriodaphnia dubia pass-fail toxicity test. The test using these samples resulted in a pass. Test results indicate that the effluent would not be predicted to have water quality impacts on the receiving water. These samples were split and sent to Environmental Testing Solutions, in Asheville, NC. The chronic Ceriodaphnia dubia pass/fail toxicity test run by ETS also resulted in a pass. Page# 2 WDER North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Goleen H. Sullins Dee Freeman Governor Director Secretary June 2, 2011 Mr. Charles R. Summey, II, Town Manager Town of Forest City 12 North Powell Street Post Office Box 728 Forest City, N.C. 28043 Subject: Compliance Evaluation Inspection Town of Forest Sewer Collection System NPDES Permit No. WQCS00050 Rutherford County Dear Mr. Summey: Enclosed please find a copy of the Compliance Evaluation Inspection form from the Sewer Collection System inspection conducted on April 15, 2011. Don Price of the Asheville Regional Office conducted the Compliance Evaluation Inspection. The facility was found to be in Compliance with permit WQCS00050 at he time of the inspection. `The '3' (three) Pump Stations visited during the inspection had previous 'SSO's" (Sanitary Sewer Overflows) prior to the inspection of the system. A review indicated one of the three, Bracket's Creek, had repeat SSO's at that location. A plan to address these SSO's has been developed by Town of Forest City ,taff, to prevent them from occurring. It will require time to implement and funding through the Town CIP. In addition to this, the Town should also review and update their Sewer Use Ordinance to address `FOG' (Fats, Oils, and Grease). Any update will require an 'enforcement' aspect in addition to a 'Grease Trap' inspection aspect. In order to accomplish this and assist in eliminating potential SSO issues, it is suggested that facility staffing be reviewed so safety and security of the system are not compromised, and SSO's from the system can be prevented. North Carolina Division of Water Quality,Asheville Regional Office Location:2090 U.S.Hwy.70,Swannanoa,North Carolina 27107 One Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 NorthCay+rolina Internet:www.ncwaterqualiV.org T - Ngtu`all ff An Equal Opportunity 1 Affirmative Action Employer Town of Forest City,Sewer Collection System Permit#WQCS00050 CEI,Page 2 of 2 Should you or your staff have any questions, or wish to sit down and discuss the findings and suggestions in this report, please contact me at (828) 296-4500. Sincerely, Donald R. Price, CET Waste Water Treatment Plant Consultant Asheville Regional Office Division of Water Quality Attachments: CC: ARO - SWP PERCS Jacob Hodge, Forest City Collection System ORC Jeff Dotson, Forest City WWTP Sup't. S:\SWP\Rutherford\Collection Systems\Forest City Collection System\Town of Forest City Collection System CEI 04 15 2011.doc Compliance Inspection Report Permit: WQCS00050 Effective: 04/01/09 Expiration: 03/31/17 Owner: Town of Forest City SOC: Effective: Expiration: Facility: Forest City Collection System County: Rutherford PO Box 728 Region: Asheville Alexander Mills NC 280430728 Contact Person: Jeffery W Dotson Title: WWTP Superintendent Phone:828-248-5217 Directions to Facility: System Classifications: CS2, Primary ORC: Jacob William Hodge Certification:990696 Phone:828-245-0149 Secondary ORC(s): On-Site Representative(s): Related Permits: NC0025984 Town of Forest City-Forest City WWTP Inspection Date: 04/16/2011 Entry Time: 08:00 AM Exit Time: 11:00 AM Primary Insp cL.tor: Don Price ` , e""- Phone:828-296-4500 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type:Collection System Inspect Non Sampling Permit Inspection Type: Collection system management and operation Facility Status: ■ Compliant ❑ Not Compliant Question Areas: Miscellaneous Questions Performance Standards Operation&Maint Reqmts Records .Monitoring&Rpting inspections Pump Station Reqmts (See attachment summary) Page: 1 Permit:WQCS00050 Owner-Facility:Town of Forest City Inspection Date: 04/1 512 01 1 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Inspection Summary: The time and assistance of Jacob Hodge, Reid Hammett, Randy Pennington, Jeff Dotson, and Sonny Penson in conducting the inspection is appreciated. It is suggested that the Town of Forest City review'staffing' needs in conjunction with operation, maintenance, and sewer inspection requirements of their Collection system. Three(3) pump stations were reviewed as part of this collection system inspection, these include'Bracket's Creek','Alexander Mills', and'Dogwood'.All 3 had previous SSO's at each location. Bracket's Creek had'repeat' SSO's(Sanitary Sewer Overflows). Forest City staff have developed a plan to prevent SSO's in the system that involves 'by-pass pumping' at Bracket's Creek, and increased monitoring of the system, especially for I & I (Inflow and Infiltration), including I & I correction(s). SSO review indicates they occur during periods of'heavy rainfall'. This needs to be corrected. Should you have questions regarding this inspection report or need additional information, please contact Don Price at(828)296-4500. Page: 2 Permit:WQCS00050 Owner-Facility: Town of Forest City .ipection Date: 04/15/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine Yes No NA NE erformance Standards Is Public Education Program for grease established and documented? 0 Q n Q What educational tools are used? Presently, Forest City runs'FOG' program through the Pretreatment program of the WWTP. Notification is given on Water&Sewer billing,and on the annual performance report. It is suggested the Town also use their 'web-site'to give notification and to publish their'FOG'ordinance(when it's updated)on the web site. Is Sewer Use Ordinance/Legal Authority available? ■ D fl Q Does it appear that the Sewer Use Ordinance is enforced? ❑ n 11 Is Grease Trap Ordinance available? Q ■ Q ❑ Is Septic Tank Ordinance available(as applicable, i.e.annexation) Q Q ■ List enforcement actions by permittee, if any, in the last 12 months A Greast Trap ordinance that addresses Grease Trap inspections and enforcement needs to be updated. Has an acceptable Capital Improvement Plan(CIP) been implemented? ■ ❑ n Does CIP address short term needs and long term\"master plats'concepts? ■ nnn Does CIP cover three to five year period? ■ ❑ Q Q Does CIP include Goal Statement? ■ 0 Q Q Does CIP include description of project area? ■ ❑ n Q ■Does CIP include description of existing facilities? p n n Does CIP include known deficiencies? ■ Q ❑ ❑ Does CIP include forecasted future needs? ■ Q ❑ El Is CIP designated only for wastewater collection and treatment? ■ Q 0 Q Approximate capital improvement budget for collection system? $2,500,000.00 $1,845,684.00 Total annual revenue for wastewater collection and treatment? CIP Comments , Is system free of known points of bypass? ■ Q ❑ ❑ If no,describe type of bypass and location Is a 24-hour notification sign posted at ALL pump stations? ■ nn0 #Does the sign include: Instructions for notification? ■ 0 Q Pump station identifier? ■ Q 24-hour contact numbers ■ n Q n Page: 3 Permit:WQCS00050 Owner-Facility:Town of Forest City Inspection Date: 04/15/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine If no, list deficient pump stations #Do ALL pump stations have an"auto polling"feature/SCADA? ❑ ■ ❑ ❑ Number of pump stations 25 Number of pump stations that have SCADA 0 Number of pump stations that have simple telemetry 25 Number of pump stations that have only audible and visual alarms 25 Number of pump stations that do not meet permit requirements 0 #Does the permittee have a root control program? ■ ❑ ❑ ❑ #If yes,date implemented? 05/31/2001 Describe: Chemical control program Comment: ' Inspections Yes No NA NE Are maintenance records for sewer lines available? ■ Cl ❑ ❑ Are records available that document pump station inspections? ■ ❑ ❑ ❑ \') Are SCADA or telemetry equipped pump stations inspected at least once a week? ■ ❑ ❑ ❑ Are non-SCADA/telemetry equipped pump stations inspected every day? ■ ❑ ❑ ❑ Are records available that document citizen complaints? ■ ❑ ❑ ❑ #Do you have a system to conduct an annual observation of entire system? ■ ❑ ❑ ❑ #Has there been an observation of remote areas in the last year? ■ ❑ ❑ Cl Are records available that document inspections of high-priority lines? ■ ❑ ❑ ❑ Has there been visual inspections of high-priority lines in last six months? ■ ❑ ❑ ❑ Comment: ' Operation& Maintenance Requirements Yes No NA NE Are all log books available? ■ ❑ ❑ ❑ Does supervisor review all log books on a regular basis? ■ ❑ 130 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? Logs are reviewed on a monthly basis, and issues that arise are addressed at that time. Are maintenance records for equipment available? ■ ❑ ❑ ❑ Is a schedule maintained for testing emergency/standby equipment? ■ ❑ ❑ ❑ Page: 4 Permit:WQCS00050 Owner-Facility:Town of Forest City Inspection Date: 04/15/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine What is the schedule for testing emergency/standby equipment? weekly 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? 0 ❑ ❑ ❑ Is there at least one spare pump for each pump station w/o pump reliability? ■ ❑ ❑ ❑ Are maintenance records for right-of-ways available? ■ ❑ ❑ ❑ Are right-of-ways currently accessible in the event of an emergency? ■ ❑ ❑ Cl 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? an additional 10%,with priority to problem areas. 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 ■ ❑ ❑ 0 Is a Spill Response Action Plan available for all personnel? ■ ❑ ❑ ❑ Is the spare parts inventory adequate? ■ ❑ ❑ ❑ Comment: The 'Spill Action Plan' numbers need to be reviewed and updated at least annually. Records Yes No NA NE Are adequate records of all SSOs,spills and complaints available? ■ ❑ ❑ Q 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? ■ ❑ ❑ ❑ Page: 5 Permit:WQCS00050 Owner-Facility:Town of Forest City Inspection Date:04/15/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine If yes, is there a corrective action plan? ■ ❑ ❑ ❑ Is a map of the system available? 01300 Does the map include: Pipe sizes ■ ❑ ❑ Cl Pipe materials ■ ❑ ❑ ❑ Pipe location ■ ❑ ❑ ❑ Flow direction ■ ❑ ❑ ❑ Approximate pipe age ■ ❑ ❑ 0 Number of service taps 0 - 11 Pump stations and capacity ■ ❑ ❑ ❑ If no,what percent is complete? List any modifications and extensions that need to be added to the map #Does the permittee have a copy of their permit? ■ ❑ ❑ ❑ Comment: ' Monitoring and Reporting Requirements Yes No NA NE ' Are copies of required press releases and distribution lists available? ■ ❑ ❑ Cl Are public notices and proof of publication available? ■ ❑ ❑ ❑ #Is an annual report being prepared in accordance with G.S. 143-215.1 C? ■ ❑ ❑ ❑ #Is permittee compliant with all compliance schedules in the permits? ■ ❑ ❑ ❑ If no,which one(s)? Comment: ' Page: 6 A' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 2, 2011 Tim Knopf Vulcan Construction Materials,LP PO Box 4239 Winston Salem,NC 27115-4239 Subject: NPDES Stormwater Permit- Representative Outfall Status Approval Vulcan Construction Materials - Spruce Pine Quarry Permit No: NCG020511 Mitchell County Dear Mr. Knopf: The Division has reviewed your request for Representative Outfall Status (ROS) at the subject facility. Based on a site visit and information provided,the request has been approved with the following modifications: • Removal of 148-002 from the site plan and monitoring schedule as indicated in the Inspection Report dated March 21, 2011. This discharge does not meet the definition of a stormwater outfall. • Outfall 148-006 is representative of 148-003 The ROS is effective with the next sampling event. In accordance with 40 CFR §122.21(g)(7), you are authorized to sample the outfalls as described in the following table. Representative Stormwater SDOs Represented Discharge Outfall (SDO) 148-006 148-006 and 148-003 148-004 148-004 and 148-005 Please note: the permit still requires Qualitative Monitoring be performed at all SDOS, regardless of representative status. Please remember that any actions you initiate in response to benchmark exceedances as directed in the tiered response provisions of your permit must address all drainage areas represented by the SDO, where appropriate. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 NorthCarolina Internet:www,ncwaterauality.ora "� �i`j atur�r lY An Equal Opportunity\Affirmative Action Employer �f V L Tim Knopf June 2,2011 Page 2 of 2 Please append this letter to your Stormwater Pollution Prevention Plan(SPPP) or permit to document that ROS has been approved. If changes in drainage areas, structures, processes, storage practices, or other activities occur that significantly alter the basis of this approval, representative outfall status may no longer be valid. You should either resume sampling at all SDOs, or reapply to this office for representative outfall status based on updated information. If you have any questions or comments concerning this letter, please contact Chuck Cranford at (828) 296-4664 or chuck.cranford@ncdenr.gov Sincerely, `, Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office cc: Regional Office Copy WBSCP Unit Central Files F Memo To File To: Vulcan—Spruce Pine Quarry File Author. Chuck Cranford Date: June 1, 2011 Re: " Water reuse by Appalachian Asphalt As of May 26, 2011, Appalachian Asphalt, the adjoining property to Vulcan, is utilizing water from Outfall 001 for industrial purposes. The ARO considers this an acceptable practice. 1 Nca No th Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 2, 2011 Mr. Martin Lewis Enka Partners, LLC 1091 Hendersonville Road Asheville,NC 28803 Subject: 401 Water Quality Certification Approval Enka Cen er DWQ Proj ect# 11-0437 Buncombe County FBR02 /Hominy Creek/6-76 /C Dear Mr. Lewis: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. pproval has been granted to place fill within or otherwise impact 289 feet of streams for the purpose of multi- use development construction at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are cove ed by General Water Quality Certification Number 3819 and 3820. This Certification allows you to use Natiorwvide Permit 12 and 14 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authoized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before y:)u proceed with your project including (but not limited to)Erosion and Sediment Control and Phase II Stormwater regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-29645001 FAX!828-299-70431 Customer Service:1-877-623-6748 NorthCarolina Internet:www.ncwaterqualiti.org An Equal Opportunity 1 Affirmative Action Employer Naturally Martin Lewis June 2,2011 Page 2 of 2 Amount Approved (Units) Plan Location or Reference Stream 149 (feet)permanent Stream Impacts Figure 3.1 140 (feet) temporary Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an ad judicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Chuck Cranford in the Asheville Regional Office at 828-296-4664. Sincerely, Coleen H. Sullins, Director CHSlcbc Enc: GC3819 and GC3820 �. Certificate of Completion cc: USAGE Asheville Regulatory Field Office WBSCP Unit File Copy S AS WP\B uncombe\401 s\Non-DOT\EnkaCenter\APRVL.6.1.1 l.doc A17A WNW North Carolina Department of Environment and Natural Resources Division of Water Quality 3everly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 3, 2011 Mr. Roger Hendrick 433 Hendon Row Way Fort Mill, SC 29715 Subject: 401 Water Quality Certification -Approval Roger Hendrick DWQ Project# 11-05 10 McDowell County CTB30/Catawba River (Lake James)/ 11-(23)/WS-V;B Dear Mr. Hendrick: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 0.01 acres of open waters above normal pool Id 0.01 acres of open waters below normal pool for the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows you to use Regional General 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to) erosion and sediment control, Catawba buffer and water supply watershed regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Location:2090 U.S,Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 NOrthCc`irOhlla Internet:www.ncwaterquality.org N(XNnal li An Equal Opportunity 1 Affirmative Action Employer Roger Hendrick June 3,2011 Page 2 of 2 Amount Approved(Units) Plan Location or Reference Waters 0.01 (acres)above Map normal pool 0.01 (acres) below normal pool Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Chuck Cranford in the Asheville Regional Office at 828-296-4664. Sincerely, --- Coleen H. Sullins, Director CHSIcbc Enc: GC3693 Certificate of Completion cc: USACE Asheville Regulatory Field Office WBSCP Unit Ron Harmon-McDowell County File Copy S:\SWP\McDowcll\401s\Non-DOT\Roger Hendrick\APRVL.6.2.1 Ldoc f'n -Al NCDEIR` North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary June 3, 2011 Mr. Joe Collins, Mayor Town of Franklin 188 W Main St Franklin NC 28734 SUBJECT: Compliance Evaluation Inspection Franklin WWTP Permit No: NCO021547 Macon County Dear Mr. Collins: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on May 11, 2011. No violations of permit requirements or applicable regulations were observed during this inspection. The facility appeared to be in Compliance with permit NC0021547. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Jeff M z Environmental Specialist Enclosure cc: Wayne Medford Price, ORC Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 9*4­ One Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1 877-623-6748 Naturally rthCarolliina Internet:www.ncwaterguality.ong S:\SWP\Macon\Wastewater\Municipal\Franklin WWTP 21547\CEI 2011l,doc � \ \_.., /--...� �/ 1 �_�� `\ \� United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 —/'� Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 'NI 2 151 31 N00021547 ill 121 11/05/11 117 181 r1 19,1,ql 20U �r Remarks �J 2111111111111111111111111111111111111111111111 .1116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67( 169 70 U 3 71 U 72 U N) 73�74 751 1 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) 10:00 AM 11/05/11 07/12/01 Franklin WWTP Sierra Dr Exit Time/Date Permit Expiration Date Franklin NC 28734 11:00 AM 11/05/11 12/11/30 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Wayne Medford Price/ORC/828-524-4492/ Name,Address of Responsible Official/Title/Phone and Fax Number Joe Collins,188 W Main St Franklin NC Contacted 28734/Mayor/828-524-2516/8285244540 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Flow Measurement Operations&Maintenance 0 Records/Reports Self-Monitoring Program N Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type i 3� NCO021547 11 12� 11/05/11 ( 17 18 ,E Section D: Summary of Finding/Comments(Attach additional lssheets of narrative and checklists as necessary) The facility appeared to be operating well. No violations of permit requirements or applicable regulations were observed during this inspection. Page# 2 Permit: NCO021547 Owner-Facility: Franklin WWTP Inspection Date: 05/11/2011 Inspection Type: Compliance Evaluation Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? Q Q Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids,pH,DO,Sludge ■ Q Q Q Judge,and other that are applicable? Comment: This facility appears to be well maintained. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? 0 Q 0 Is the facility as described in the permit? M [1 0 #Are there any special conditions for the permit? ❑ 0 M Q Is access to the plant site restricted to the general public? 11 Q ❑ Is the inspector granted access to all areas for inspection? ❑ Comment: The permit will expire at midnight on November 30, 2012. Oxidation Ditches Yes No NA NE Are the aerators operational? Q ❑ Q Are the aerators free of excessive solids build up? ❑ 0 ❑ #Is the foam the proper color for the treatment process? Does the foam cover less than 25%of the basin's surface? M 0 0 Is the DO level acceptable? M Q ❑ Q Are setteeometer results acceptable(>30 minutes)? Q M Is the DO level acceptable?(1.0 to 3.0 mg/I) M Q Q Are settelometer results acceptable?(400 to 800 ml/I in 30 minutes) 0 0 0 ■ Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? 0 Q ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ■ 0 ❑ Are weirs level? M 0 0 Is the site free of weir blockage? M C3 ❑ Q Is the site free of evidence of short-circuiting? 0 ❑ 0 0 Is scum removal adequate? Q Is the site free of excessive floating sludge? ❑ El Q 0000 Is the drive unit operational? Page# 3 Permit: NCO021547 Owner-Facility: Franklin WWrP Inspection Date: 05/11/2011 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the return rate acceptable(low turbulence)? ■ ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑ Is the sludge blanket level acceptable?(Approximately%4 of the sidewall depth) ■ ❑ ❑ ❑ Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ■ ❑ ❑ ❑ Is sample collected below all treatment units? ■ ❑ ❑ ❑ Is proper volume collected? ■ ❑ ❑ ❑ Is the tubing clean? ■ ❑ ❑ ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ ❑ ❑ ❑ Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ■ ❑ ❑ ❑ Comment: The facility is conducting sampling as required by the permit. The flow meter was calibrated August 27, 2010. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ■ ❑ ❑ ❑ Comment: Page# 4 RMENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary June 3, 2011 Mr. Joe Collins, Mayor Town of Franklin 188 W Main St Franklin NC 28734 SUBJECT: Collection System Inspection Franklin Collection System Permit No: WQCS00101 Macon County Dear Mr. Collins: Enclosed please find a copy of the Collection System inspection conducted on May 11, 2011. No violations of permit requirements or applicable regulations were observed during this inspection. The facility appeared to be in Compliance with permit WQCS00101. The Town is required by state regulation to visit all 12 pump stations daily. It may be cost effective for the Town to install SCADA or some other type of remote alarm notification on all pump stations. This office would like to support any effort the Town makes to secure funding for such a project. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Jeff nzel Environmental Specialist Enclosure cc: Jay Gibson, ORC Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S. Highway 70,Swannanoa, NC 28778 NorthCarolina Phone: (828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 // Internet:www.ncwaterauality.org S:\SWP\Macon\Collection Systems\Franklin Collection System\CSI 2011.doc �aturalttf '�, `�i; \ /, Compliance Inspection Report Permit: WQCS00101 Effective: 10/01/07 Expiration: 09/30/15 Owner: Town of Franklin SOC: Effective: Expiration: Facility: Franklin Collection System County: Macon 70 W Main St Region: Asheville Franklin NC 28734 Contact Person: David E Henson Title: Phone:828-524-2516 Directions to Facility: System Classifications: CS2, Primary ORC: H Jay Gibson Certification 15320 Phone:704-524-2516 Secondary ORC(s): On-Site Representative(s): Related Permits: NC0021547 Town of Franklin-Franklin WWTP Inspection Date: 05/11/2011 Entry Time: 11:30 AM Exit Time: 03:00 PM Primary Inspector: Jeff Menzel Phone:828-296-4500 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type:Collection System Inspect Non Sampling Permit Inspection Type: Collection system management and operation Facility Status: ■Compliant ❑ Not Compliant Question Areas: Miscellaneous Questions Performance Standards Operation&Maint Reqmts Records .Monitoring&Rpting Inspections Pump Station Reqmts (See attachment summary) Page: 1 Permit:WQCS00101 Owner-Facility:Town of Franklin Inspection Date: 05/11/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Inspection Summary: All 12 of the Town's pump stations were visited during this inspection. Two of the pump stations visited were having either electrical or equipment issues at that time.The Town's staff were taking appropriate measures to insure that these pump stations were still functioning while the maintenance issues were being worked on. The Town is required by state regulation to visit all 12 pump stations daily. It may be cost effective for the Town to install SCADA or some other type of remote alarm notification on all pump stations. Town staff would then be required to visit the pump station on a weekly basis. Having this technology would also shorten response time and would likely reduce the severity of sewer spills or other maintenance issues.This office would like to support any effort the Town makes to secure funding for such a project. No violations of permit requirements or applicable regulations were observed during this inspection. Page: 2 Permit:WQCS00101 Owner-Facility:Town of Franklin Inspection Date: 05/11/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? ■ 0 Q Q What educational tools are used? Informational pamphlets are made available to the public. Is Sewer Use Ordinance/Legal Authority available? ■ Q Q 0 Does it appear that the Sewer Use Ordinance is enforced? ■ Q Q Is Grease Trap Ordinance available? ■ ❑ 0 Q Is Septic Tank Ordinance available(as applicable, i.e.annexation) 0 Q El ■ List enforcement actions by permittee, if any,in the last 12 months None documented. Has an acceptable Capital Improvement Plan(CIP)been implemented? ■ Q Q Does CIP address short term needs and long term Tmaster plant/concepts? ■ 0 0 Does CIP cover three to five year period? ■ Q 0 0 Does CIP include Goal Statement? Q ■ ❑ Does CIP include description of project area? ■ Does CIP include description of existing facilities? ■ ❑ Q D Does CIP include known deficiencies? ■ 0 Q Q Does CIP include forecasted future needs? ■ Q Q Is CIP designated only for wastewater collection and treatment? ■ Q 0 Q Approximate capital improvement budget for collection system? Total annual revenue for wastewater collection and treatment? $2,500,000.00 CIP Comments Is system free of known points of bypass? ■ ❑ 0 0 If no,describe type of bypass and location Is a 24-hour notification sign posted at ALL pump stations? ■ Q Q 0 #Does the sign include: Instructions for notification? ■ Q Pump station identifier? 0000 24-hour contact numbers ■ O 0 O If no,list deficient pump stations Page: 3 Permit:WQCS00101 Owner-Facility:Town of Franklin \ Inspection Date: 05/11/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine #Do ALL pump stations have an"auto polling"feature/SCADA? ❑ ■ ❑ ❑ Number of pump stations 12 Number of pump stations that have SCADA 0 Number of pump stations that have simple telemetry 2 Number of pump stations that have only audible and visual alarms 12 Number of pump stations that do not meet permit requirements 0 #Does the permittee have a root control program? 130130 #If yes,date implemented? Describe: None of the pump stations have SCADA and must be visited everyday by Town staff. Comment: Inspections Yes No NA NE Are maintenance records for sewer lines available? ■ 0 ❑ ❑ Are records available that document pump station inspections? ■ ❑ ❑ ❑ Are SCADA or telemetry equipped pump stations inspected at least once a week? ❑ ❑ ■ ❑ Are non-SCADA/telemetry equipped pump stations inspected every day? ■ ❑ ❑ ❑ Are records available that document citizen complaints? ■ ❑ ❑ ❑ #Do you have a system to conduct an annual observation of entire system? ■ ❑ ❑ ❑ #Has there been an observation of remote areas in the last year? ■ ❑ ❑ ❑ Are records available that document inspections of high-priority lines? ■ 0 ❑ ❑ Has there been visual inspections of high-priority lines in last six months? 0 ❑ ❑ ❑ Comment: Operation&Maintenance Requirements Yes No NA NE Are all log books available? 0 ❑ ❑ ❑ 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? weekly/monthly Page: 4 Permit:WQCS00101 Owner-Facility:Town of Franklin Inspection Date:05/11/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Do pump station logs include: Inside and outside cleaning and debris removal? ■ ❑ ❑ ❑ Inspecting and exercising all valves? ■ ❑ ❑ 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? ■ ❑ ❑ ❑ 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? Is a Spill Response Action Plan available? ■ ❑ Cl ❑ 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 Yes No NA NE Are adequate records of all SSOs,spills and complaints available? ■ ❑ ❑ ❑ Are records of SSOs that are under the reportable threshold available? ■ ❑ ❑ ❑ Do spill records indicate repeated overflows(2 or more in 12 months)at same location? ■ ❑ ❑ ❑ If yes, is there a corrective action plan? ■ ❑ ❑ ❑ Is a map of the system available? ■ ❑ ❑ ❑ Page: 5 Permit:WQCS00101 Owner-Facility:Town of Franklin Inspection Date: 05h 1/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Does the map include: Pipe sizes 0 ❑ ❑ ❑ Pipe materials 0 ❑ ❑ ❑ Pipe location 0 ❑ ❑ ❑ Flow direction M ❑ ❑ ❑ Approximate pipe age 0 ❑ ❑ ❑ Number of service taps ❑ ■ ❑ ❑ Pump stations and capacity ■ ❑ ❑ ❑ a If no,what percent is complete? 80/� List any modifications and extensions that need to be added to the map #Does the permittee have a copy of their permit? ■ ❑ ❑ ❑ Comment: Monitoring and Reporting Requirements Yes No NA NE Are copies of required press releases and distribution lists available? ■ ❑ ❑ ❑ Are public notices and proof of publication available? ■ ❑ ❑ ❑ #Is an annual report being prepared in accordance with G.S. 143-215.1C? ■ ❑ ❑ ❑ #Is permittee compliant with all compliance schedules in the permits? ■ ❑ ❑ ❑ If no,which one(s)? Comment: ti Page: 6 AP'141,11a WA RCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 6, 2011 Mr. James Mock, PE Mercer Design Group P.O. Box 1516 Weaverville,North Carolina 28768 Subject: Fast-Track Application Return Star Mtn. Sub-division Sewer Main Project Town of Marshall Madison County Dear Mr. Mock: Attached herewith is the Fast-Track Sewer Application which you submitted seeking permission to replace and extend an existing sewer to serve the Star Mountain Sub-division Sewer project. The application is being returned for the following reason(s): (1) Only the Application was received by this office. Part `A' states: "submit one original and one copi Without the copy,the application is considered `incomplete'. I look forward to receiving a completed application. Should you have questions or need additional information, please contact me at 828/296-4500. Sincerely, A,W,12., Donald R. Price, CET WWTP Consultant Cc: Lawrence Ponder,Mayor-Town of Marshall, S\SWPWadison\Collection SystemsWarshall Collection S}stem\Application Return Star Mtn Sewer Main Extension project doc SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-296-450M FAX:828-299-7043\Customer Service:1-877-623-6748 �atura!!t� Internet: www,ncwaterquality.org An Equal Opportunity\Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 6, 2011 Joe Cline, Director Tuckaseigee Water and Sewer Authority 1246 West Main Street Sylva, North Carolina 28779 Subject: Permit No.WQ0035384 Tuckaseigee Water and Sewer Authority CVS Pharmacy#7546 Wastewater Collection System Extension Jackson County Dear Mr. Cline: In accordance with your application received May 19, 2011, we are forwarding herewith Permit No. WQ0035384, dated Jane 6, 2011, to Tuckaseigee Water and Sewer Authority (TWSA) for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or any individual system-wide collection system permit issued to the Permittee. Please send Keith Haynes of the Asheville Regional Office a copy of the "notice to proceed" issued to your contractor for this project. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in.penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Noi thCarolina Naturally SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE( ,P/ Location:2090 U.S.Highway 70,Swannanoa,NC 28778 �..�'►► Phone:(828)296-4500\FAX:828 2997043\Customer Service: 1-877-623-6748 Internet:www.ncwaterqua1i1y.org TWSA June 6, 2011 Pagt.,, 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 Tuckaseigee Water and Sewer Authority for the construction and operation of approximately 370 linear feet of 8-inch gravity sewer to serve Retail Space as part of the CVS Pharmacy#7546 project, and the discharge of 1,323 gallons per day of collected domestic wastewater into the TWSA's existing sewerage system, pursuant to the application received May 19, 2011 and in conformity with 15A NCAC 2H .0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit; The sewage and wastewater collected by this system shall be treated in the TWSA Wastewater Treatment Facility No. 1(Permit No. NC0039578), prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Keith Haynes at (828) 296-4500. Sincerely, f7Coeen H. Sullins, Director Division of Water Quality cc: Jackson County Health Department Asheville Regional Office, Surface Water Protection (WWTF Permit NC0039578) Campbell E &A, Inc. Water Quality Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2H .0227. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H .0227: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. 1 PERMIT NO W00035384 TWSA CVS#7546 JACKSON COUNTY JUNE 6. 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 the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 213 .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 AT NO W000355384 TWSA CVS#7546 JACKSON COUNTY DUNE 6 2011 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the sixth day of June, 2011 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION r for of n H. Sul ins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0035384 3 PERMIT NO.W00035384 TWSA CVS#7546, JACKSON COUNTY J U N E 6, 20-,.. ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: 370 linear feet of$-inch gravity sewer to serve Retail Space as part of the CVS Pharmacy#7546 project, and the discharge of 1,323 gallons per day of collected domestic wastewater Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings(plan & profile views of sewer lines)of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑weekly, ❑ full time) the construction of the above referenced project for the Permittee hereby state.that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's sear, signature, and date: .................................................................................................. SEND THIS FORM& SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ................................................................................................: The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary June 6, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 6697 Everett and Sonya Shipman 1254 Lyday Creek Road Pisgah forest, NC 28768-8797 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Shipman Property NOV-2011-SS-0022 Transylvania County Response deadline:July 11,2011 Dear Mr. and Mrs. Shipman: The Division of Water Quality, along with the Natural Resource Conservation Service (MRCS) and the North Carolina Department of Transportation (NCDOT)have worked with you and developed a plan to stabilize your site and stop water quality violations from occurring. On September 16, 2010, a meeting was held at your property on Lyday Creek Road in Pisgah Forest to develop a plan to stabilize your property and a commitment made to correct the issue with the NC DOT culvert in conjunction your property. During this meeting, you committed to implementing this plan and completing all work by November of 2010. On April 14, 2011, Kevin Barnett of my staff performed a site inspection. During this inspection, it was found that the plan had not been implemented and that continued water quality violations were occurring. This office must ensure that water quality standards are complied with. You must fully implement the plan provided by the NRCS to you prior to July 11, 2011. A failure to fully implement that plan by the deadline provided will result in this office pursuing further civil actions. It is requested that upon receipt of this letter, that you contact Kevin Barnett at 828-296-4657 to notify this office of beginning of implementation of the plan and of completion of work. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOI thCaxofina Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 Internet: www.ncwaterqualit.org atura`!U An Equal Opportunity 1 Affirmative Action Employer Everett and Sonya Shipman June 6,2011 Page 2 of 2 Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Kevin Barnett at(828) 296-4657. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office S:\S WP\Transylvania\Complaints\shipman\Shipman.NO V.06.03.2011.doc AlwLA, NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary June 7, 2011 Ms. Ada Lea Birnie 32 Dover Street Asheville,NC 28804 Subject: Incident Closure Wild Soul, LLC NOV-2011-SS-0010 Buncombe County Dear Ms. Birnie: The Division of Water Quality (DWQ)has received the final report of stream cleanup activities from Clearwater Environmental Consultants, Inc., related to the subject Notice of Violation and Recommendation for Enforcement. DWQ has reviewed the information provided, including the before and after pictures, and considers the actions taken to have satisfactorily resolved the incident. Thank you for your cooperation in this matter. Should you have any questions or concerns please contact me at(828) 296-4664 or chuck.cranford@ncdenr.gov. Sincerely, a Chuck Cranford Environmental Specialist Surface Water Protection Section cc: CEC, Inc. Doug Sharp—Buncombe County ARO File Copy S:\SWP\Buncombe\Complaints\Garren Creek\CL0.6.2.1 l.doc SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarohna Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 Internet: www,ncwaterquallt .org Naturally An Equal Opportunity 1 Affirmative Action Employer Ate;: NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 7, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 6703 Ms. Patty Elliott, General Manager Marion Travel Plaza, I T and K Enterprises 3365 Sugar Hill Road Marion, N.C. 28752 Subject: Notice of Violation/Notice of Intent to File Enforcement: NOV-2011-PC-0335 Compliance Evaluation Inspection Marion Travel Plaza WWTP NPDES Permit No. NCO086428 McDowell County Dear Ms. Elliott: A Compliance Evaluation Inspection of the Wastewater System that serves Marion Travel Plaza was conducted on April 19, 2011, by Mr. Don Price and Ms. Janet Cantwell of the Asheville Regional Office. The assistance and cooperation of Mr. Joe David Hall in conducting the inspection was greatly appreciated. Based on records reviewed, on-site discussions with Joe David Hall and results of effluent discharge samples collected, Marion Travel Plaza WWTP was determined to be non-compliant with permit NC0086428. A report is attached for your records and findings are summarized. Site/System Review The current WWTP consists of a Flow equalization basin (EQ basin), Influent Pump station with on-site audible and visual alarms, aeration basin, rectangular secondary clarifier with 'air-lift' return and waste sludge pumps, tablet chlorination, v-notch weir and float stilling well, effluent flow measurement with chart recorder, and tablet de-chlorination. On-site samples collected indicated BOD results of 61 mg/L (permit limits are 45 mg/L), accumulation of scum and debris on surface of secondary clarifier; addition of chlorine tablets to secondary clarifier trough; flow meter last calibrated in 2009; no notification to Regional Office regarding ORC (Operator- in-Responsible Charge) changes and system visitation; and no record of testing Influent pump station audible and visual alarm testing for proper operation. North Carolina Division of Water Quality,Asheville Regional Office Location:2090 U.S.Hwy.70,Swannanoa,North Carolina 27107 One Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 Nol thCarolin.a Internet:www.ncwaterquality.org ' ��r�y��// An Equal Opportunity,,Afftmative Action Employer f i " Marion Travel Plaza—NOV-2011-PC=0335 Permit#NCO086428 CEI,Page 2 of 2 Suggestions/Recommendations - The current system shows signs of poor aeration and mixing, possibly due to shape and condition of air diffusers; these should be evaluated for cleaning and/or replacement. On-site records indicate Flow meter has not been calibrated since 2009; NPDES permit NCO086428 requires "annual' flow meter calibration showing meter capable of accurate measurements between +/- 10% of actual measurements. Effluent samples have to be collected `just after' de-chlorination, making representative sampling a problem. Also, there is no clear path to the receiving stream for collection of representative sampling, and visual observations to be made regarding stream impacts. It is suggested that the facility review their 'options' to continuing this discharge especially in light of the shape and condition of the WWTP, with tying into a municipal sanitary sewer. The City of Marion's sanitary sewer is in close proximity to this system, and a review of tyirtq into Marion's system should be made Please make corrections to facility housekeeping, solids/scum accumulation, flow meter calibration, effluent outfall line location, aeration basin diffusers, and EQ basin alarm system within the next 30 days and send 'written' notification to this office with a timeline when each task is complete along with a written explanation as to the reason the facility was allowed to get in this condition. - If there are questions or additional information is needed regarding system operation, maintenance, or an NPDES permit question, please contact Don Price at (828) 296-4500. Thank you for the opportunity to conduct this Compliance Evaluation Inspection. f- Sincerely, R)g6e Edwards Supervisor, Surface Water Protection Asheville Regional Office Division of Water Quality Attachments: CC: ARO - SWP Ik Soo Kim, owner Marion Travel Plaza Joe David Hall, ORC-Marion Travel Plaza WWTP (Environmental Inc.) Don Price, ARO S:tSWP1MeDowell\Wastewater\Minors\Marion Travel Plaza 864281Marion Travel Plaza System CEI NOV iLtr 06 03 2011.doc United States Environmental Protection Agency Form Approved. A J^/y 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 j 2 I5' 3I NCO086428 11 12 1 11/04/19 117 181rI 191 .�1 201 Remarks 1=! lJ 211 I 1 1 1 1 1 9 I I I I I I I I 1 I I I I I I I I I I I I l a l I I I I I I I I I I I I I I 161 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67I 169 70Ul 71 721 NI 73 U 74 751 III 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) 09:30 AM 11/04/19 10/02/01 Marion Travel Plaza WWTP 3365 Sugar Hill Rd Exit Time/Date Permit Expiration Date Marion NC 28752 11:30 AM 11/04/19 14/12/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Joedavid Matthew Hall/ORC/828-293-9396/ Name,Address of Responsible Official/Title/Phone and Fax Number Patty Elliott,3365 Sugar Hill Rd Marion NC 28752//828-738-8700/ Contacted Na Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Flow Measurement Operations&Maintenance N Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers / Date Janet Cantwell1�)1W_� ARO WQ//828-296-4500 Ext.4667/ olelll Don Price 19' (-- ' ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ARO WQ//828-296-4500/ i --EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (Con"", 3I NCO086428 I11 12I 11/04/19 I17 181-I L Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The time and assistance of Joe David Hall in conducting the inspection is greatly appreciated. Areas of the facility that need immediate attention include Flow meter,location of effluent outfall line and access to the same, diffusers need to cleaned and/or replaced, alarm system on EQ basin pumping system, and excess sludge and scum removal. The appearance of the facility is 'un-sightly' and there are periodic nuisance odors occurring from the system.Effluent samples were collected from the-facility with the following results: BOD = 61 mg/L (weekly limit 45 mg/L), Total Suspended Residue (TSS) = 18 mg/L (weekly limit 45 mg/L), Fecal Coliform Bacteria = 51 cfu/100 ml (weekly limit 400 cfu/100 mQ. Based upon these results the facility is non-compliant with BOD permit limits. Review of facility file indicated 'no operator' was visiting the facility from January 1st through January 27th of 2011. Please note this facility is classified as a Grade 2 Biological VWVI"P, and as such requires valid ORC (Operator-in-Responsible Charge) visitation 5 days per week excluing holidays. Logs located at the system indicated the facility had not had the required ORC visitation. Please make corrections to facility housekeeping, solids/scum accumulation, flow meter calibration, effluent outfall line location, aeration basin diffusers, and EQ basin alarm system within the next 30 days and send 'written' notification with a timeline when each task is complete, along with a written explanation as to the reason the facility was allowed to get in this condition. Should you have questions regarding this inspection report or you need more information, please contact Don Price at (828)296-4500. Page# 2 rermit: NCO086428 Owner-Facility: Marion Travel Plaza WWTP ,:tion Date: 04/19/2011 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 ❑ Judge, and other that are applicable? Comment: Site review of Facility indicated overgrown vegetation and no 'clear' path to effluent pipe nor the receiving stream. Process Control is limited to pH, DO, and 'occassional' MLSS, but not at a frequency to provide acceptable operational information. Equalization Basins Yes No NA NE Is the basin aerated? ■ n n n Is the basin free of bypass lines or structures to the natural environment? ■ n n n Is the basin free of excessive grease? n ■ n n Are all pumps present? ■ n n n Are all pumps operable? ■ n n n Are float controls operable? 0 Cl n n Are audible and visual alarms operable? n n n ■ #Is basin size/volume adequate? ■ ❑ n n Comment: The 'EQ' basin receives flow from the 'Travel Center' including a restaurant, showers and rest rooms. Observations of the EQ basin indicate the need for a 'grease trap' and maintenance of the same. Operators log book did not indicate observation and testing of audible and visual alarms. Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? n ■ n n Are surface aerators and mixers operational? n n ■ n Are the diffusers operational? ■ n Cl n Is the foam the proper color for the treatment process? ❑ ■ n n Does the foam cover less than 25%of the basin's surface? ■ n n n Is the DO level acceptable? n n n ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) n n n Comment: The aeration basin was a very dark brown color with noticable 'un-even' aeration in the basin. It is suggested that the basin diffusers be removed and cleaned and replaced as needed to improve operation of plant. Page# 3 Permit: NCO086428 Owner-Facility: Marion Travel Plaza WWTP Inspection Date: 04/19/2011 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? n ■ ❑ n Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ■ n Are weirs level? ■ n n ❑ Is the site free of weir blockage? ■ n ❑ n Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑ Is scum removal adequate? n ■ ❑ ❑ Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? ❑ 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%of the sidewall depth) Q n n ■ Comment: The secondary clarifier is consistent with a rectangular'package' plant clarifier. On-site observation revealed scum accumulating to the level that it is 'un-sightly', producing odors and contributing to the turbid appearance of the clarifier effluent. Several 'chlorine tablets'were observed in the 'trough' of the clarifier. Comments by operator indicated this was to assist with high coliform and SOiD levels. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ n ❑ Q Are the tablets the proper size and type? ■ ❑ n n Number of tubes in use? 2 Is the level of chlorine residual acceptable? n n n Is the contact chamber free of growth,or sludge buildup? ❑ ■ ❑ n Is there chlorine residual prior to de-chlorination? ■ ❑ ❑ Cl Comment: There was some indication of'floating' solids and debris on the surface of the chlorine contact chamber. De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? ■ ❑ n ❑ Is storage appropriate for cylinders? ❑ n ■ ❑ #Is de-chlorination substance stored away from chlorine containers? ■ n n n Comment: Page# 4 ermit: NCO086428 Owner-Facility: Marion Travel Plaza WWTP .,tion Date: 04/19/2011 Inspection Type: Compliance Evaluation le-chlorination Yes No NA NE Are the tablets the proper size and type? ■ Q Q Q Are tablet de-chlorinators operational? ■ Q ❑ 0 Number of tubes in use? 2 Comment: Effluent samples are collected 'just after'the de-chlorination tablet despenser. This does not allow for adequate time for de-chlorination to take place and can cause 'interference' with samples collected. It is suggested that the 'effluent outfall' line be located and identified and a 'clear path' be made to the receiving stream; this will allow for visual observation of discharge impacts to be made and allow for'more' reprensentative samples of the discharge to be collected. Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? ■ Q n Q Is flow meter calibrated annually? ❑ ■ Q D Is the flow meter operational? ■ n ❑ n (If units are separated) Does the chart recorder match the flow meter? Q ■ n n Comment: Flow meter at this facility was last'calibrated' in 2009. Chart recording paper revealed signs of blotches and did not appear to be rotating at an acceptable rate to show actual flow over the weir. It is suggested the Flow meter be calibrated as soon as possible and all components be made functional, per NPDES permit requirements. Page# 5 NCDERR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 7, 2011 Mr. Tom Kilpatrick, Manager Etowah Sewer Company, Inc. P.O. Box 1689 Etowah,NC 28729 Subject: Activities Deemed Certified Etowah Sewer Line— Streambank Stabilization DWQ Project# 11-0457 Henderson County FRB02/Gash Creek/6-47/C Dear Mr. Kilpatrick: The Division of Water Quality (Division) has completed the review of the 401 Water Quality Certification application associated with the project listed above. '+.has been determined that the subject project, approximately 90 linear feet of streambank stabilization near 'ee Box #2 along Gash Creek, does not require written concurrence from the Division and is deemed certified, if the conditions required by Water Quality Certification No. 3689 are followed (attached). In addition, Etowah Sewer Company, Inc. should obtain or otherwise comply with any other required federal, state or local permits before proceeding with the project, including(but not limited to) Erosion and Sediment Control regulations. This letter completes the review of your application by the Division under Section 401 of the Clean Water Act. If you have any questions,please contact Susan A. Wilson in the Asheville Regional Office at 828-296-4665. Sincerely, Ro' er"C. Edwards Regional Supervisor g g p Surface Water Protection Asheville Regional Office w/attachment cc: USACE Asheville Regulatory Field Office—Tyler Crumbley Wildlife Resources Commission—David McHenry 401 Permitting Unit—Central Office ARO File Copy S:\SWP\Henderson\401s\Non-DO'REtowah Sewer Line\DMD.Etowah Sewer Line.6 201 Ldoc Location;2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-2964500\FAX:828-299-7043\Customer Service:1-877-623-6748 NofthCaroflna Internet:www.ncwaterquality.org 'J� ra f/atuY An Equal Opportunity\Affirmative Action Employer �/ l j` L� �� \�j -...•J4 WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary June 7, 2011 Billy N Case Billy Case Real Estate Inc 18769 Great Smoky Mt Expy Waynesville NC 28786 SUBJECT: Compliance Evaluation Inspection 18769 Great Smoky Mt Expy Permit No: NCG550657 Haywood County Dear Mr. Case: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on May 19, 2011. The facility appeared to be in Compliance with permit NCG550657. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Jeff Menzel Environmental Specialist Enclosure cc: Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIO OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28', NorthCarohna Phone:(828)296-4500\FAX:828 299-7043\Customer Se ice:1-877-623-6748 Internet:www.ncwaterouality.orq S:\SWP\Haywood\Wastewater\General\NCG55 SFR\NCG50657 CEI 2011.doc Natmm l// y United States Environmental Protection Agency Form Approved. EPA C P/� 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 I s 3[ NCG550657 111 12' ll/05/19 117 181 C 191 SI 20U IJ I.! Remarks _;f l- 211111111111111111111111111111111111111111111 , 1116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 81 QA ---------—----------------Reserved—------------------- 67 I 169 70)3( 71 I I 72(N) 73 LU 74 751 I I I 11 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) 18769 Great Smoky Mountains Expressway 01:00 PM 11/05/19 07/08/01 18769 Great Smoky Mountains Expy Exit Time/Date Permit Expiration Date Waynesville NC 28786 01:15 PM 11/05/19 12/07/31 Name(s)of Onsite Representative(s)rritles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Billy N Case,18769 Great SmokyMt Contacted 28786 Ex//828-452-4911/ PY Waynesville NC No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and S' of Inspector(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO WQ//828-296-4500/ W-,?-, IY 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 NCG55C± 111 121 11/05/19 � 1 7 18UC \` Section D: Summary of Finding/Comments(Attach additional sheetsof narrative and checklists as necessary) No violations of permit requirements or applicable regulations were observed during this inspection. The owner should make sure the septic tank is pumped out every three to five years. The inspector was not able to find the effluent pipe. The owner should locate the pipe and mark it. Page# 2 `t •:w WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary June 7, 2011 Frank D. Hutto 1736 Hemphill Rd Waynesville NC 28786 SUBJECT: Compliance Evaluation Inspection 1736 Hemphill Road Permit No: NCG550292 Haywood County Dear Mr. Hutto: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on May 19, 2011. The facility appeared to be in Compliance with permit NCG550292. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Jeff Menzel Environmental Specialist Enclosure cc: Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL,OFFICE Location:2090 U.S. Highway 70,Swannanoa, NC 2877 One Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 NorthCarolina Internet:www.ncwaterauality.org S:\SWP\Haywood\Wastewater\General\NCG55 SFR\NCG550292 CEI 2011.doc Naturally United States Environmental Protection Agency Form Approved. EPA P n Washington,D.C.20460 OMB No.2040-0057 /'1 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 NI 2 15l 31 NCG550292 11 121 li i/o5/19 117 18I c 191 .GI 20U J lJ Remarks - !J 211 1 1 1 1 1 Ll I I I I I I I I I I I I IIIIIIIIIIIIIIIIIIIIIIIIIII6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA -------—----------------Reserved------------------- 67 I 169 70 U 3( 71 IU 72 73�74 751 I ( I I I I 1 80 =-� Section B: Facility Data '--! Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 1736 Hemphill Road 11:00 AM 11/05/19 07/08/06 1736 Hemphill Rd Exit Time/Date Permit Expiration Date Waynesville NC 28786 11:15 AM 11/05/19 12/07/31 Name(s)of Onsite Reprn:sentative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Frank D Hutto,1736 Hemphill Rd Waynesville NC 28786/// Contacted Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and SigO re ) f Insp c r(s) Agency/Office/Phone and Fax Numbers / Date Jeff Menzel ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/molday Inspection Type ` 31 NCG550292 I11 12I 11/05/19 I17 18UC Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) No violations of permit requirements or applicable regulations were observed during this inspection. The owner should make sure the septic tank is pumped out every three to five years. Page# 2 WNW North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Goleen H.Sullins Dee Freeman Governor Director Secretary June 7, 2011 Dorothy E Hawkins PO Box 682 Maggie Valley NC 28751 SUBJECT: Compliance Evaluation Inspection 467 Timberline Drive Permit No: NCG550347 Haywood County Dear Ms. Hawkins: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on May 19, 2011. The facility appeared to be in Compliance with permit NCG550347. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Jeff Menze Environmental Specialist Enclosure cc: Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL FICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 NonrthCarolina Phone:(828)296-4500\FAX:828 299-7043\Customer Se ice: 1-877-623-6748 // Internet:www.ncwaterguality.org S:\SWP\Haywood\Wastewater\General\NCG55SFR\NCG550347CEI2011.doc Naturally United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 11NJ 2 I5) 31 NCG550347 I11 121 11/05/19 117 181 r1 191s 201 Remarks U t� 2111111111111111111111111111111111 [ 111 Jill 11111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -----------------------Reserved--------------------- 67 I 169 70 U 3 71 U 72(N 73�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) 467 Timberline Drive 12:00 PM 11/05/19 07/08/01 467 Timberline Dr Exit Time/Date Permit Expiration Date Maggie Valley NC 28751 12:15 PM 11/05/19 12/07/31 Name(s)of Onsite Representative(s)rritles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Dorothy E Hawkins,PO Box 682 Maggie Valley NC 28751/// ContactedNo Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Facility Site Review Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Si ur 6)of In pector(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO WQ//828-296-4500/ W?0/1/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3� NCG550347 j11 121 11/05/19 17 18U �\ Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) No violations of permit requirements or applicable regulations were observed during this inspection. The system appears to be operating properly. i Page# 2 74 �...+.r A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION June 8, 2011 Mr. Peter Watson, President Ledgestone Property Owners' Association, Inc. PO Box 21 Fairview, NC 28730 SUBJECT: Compliance Evaluation Inspection Ledgestone Subdivision Collection System Permit No: WQCSD0431 Buncombe County Dear Mr. Watson: It was nice to talk with you last week. Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on May 10, 2011. The facility was found to be in compliance with permit WQCSD0431. Please refer to the enclosed inspection report for additional observations and comments. Also, enclosed is a copy of the collection system map and record drawing. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, 1/-�s%yt1" Wanda P. Frazier Environmental Specialist Enclosure cc: Juanita James, ORC contractor Central Files Asheville Files S:\SWP\Buncombe\Wastewater\Minors\Ledgestone Subdivision 87556\WQCSD0431 CEI 5-10-11.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S. Highway 70,Swannanoa,NC 28778 NorthCarolina Phone: 828-296-4500 Fax: 828-299-7043 Customer Service: 1-877-623-6748 Naturally Internet:www.ncwaterguality.org Compliance Inspection Report Permit: WQCSD0431 Effective: 12/19/08 Expiration: Owner: Ledgestone Property Owners Association SOC: Effective: Expiration: Facility: Ledgestone Subdivision WWTP County: Buncombe Miller Rd Region: Asheville Fairview NC 28730 Contact Person: Juanita Reed James Title: Phone:828-697-0063 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 05/10/2011 Entry Time: 05:00 PM Exit Time: 05:30 PM Primary Inspector: Wanda P Frazier Phone:828-296-4500 Secondary inspector(s): Ext.4662 Reason for Inspection: Routine Inspection Type:Collection System Inspect Non Sampling Permit Inspection Type: Deemed permitted collection system management and operation Facility Status: ■ Compliant El Not Compliant Question Areas: Miscellaneous Questions 0 Performance Standards Operation&Maint Reqmts (See attachment summary) Page: 1 Permit:WQCSD0431 Owner-Facility: Ledgestone Property Owners Association Inspection Date: 05/10/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Inspection Summary: Collection System: WQCSD0431 Consists of—2660 linear feet of 6-inch gravity sewer and 736 linear feet of 8-inch gravity sewer. The residents will receive FOG (fats, oils and grease)disposal information 2x/yr(June and December) in the billing statement, as well as, the quarterly HOA newsletter. Collection System P.E.: Civil Design Concepts; 200 Swannanoa River Road;Asheville, NC 28805; phone: 828-252-5388; fax:828-252-5365—provided a collection system map Development: Residential subdivision of 19.9 acres and consisting of 55 lots with 2572 linear feet of road. There are currently—21 four-bedroom homes serving 50-70 residents. The HOA acquired the WWTP from the developer in October 2010. Contact information: Responsible official: Peter Watson Responsible "'s title: President, HOA Mailing address: Ledgestone HOA; PO Box 21; Fairview; NC 28730 Phone number: 828-628-2776 Summary: This is a relatively new development(A to C issued in 2004). The HOA obtained the WWTP in October 2010. The bank foreclosed on the developer(HRS Land Development LLC—Schneider/ Riels Subdivision (Mailing address: 204 Charlotte Hwy; Suite G;Asheville, NC 28803). There are 6-inch cleanouts at every lot. There have never been any FOG issues or SSOs. The 2010 System Performance Annual Report was received by the Division on March 5, 2011. Page: 2 Permit:WQCSD0431 Owner-Facility: Ledgestone Property Owners Association Inspection Date: 0 511 0/2 0 1 1 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? ■ n n n What educational tools are used? The water and sewer bills(June and December mailings)will be used to provide educational information regarding the proper disposal of fats,oils and grease, as well as, a quarterly homeowner's association newsletter. Is Sewer Use Ordinance/Legal Authority available? fl n n Does it appear that the Sewer Use Ordinance is enforced? n ❑ n Is Grease Trap Ordinance available? n n n Is Septic Tank Ordinance available(as applicable, i.e. annexation) 0 ❑ ■ List enforcement actions by permittee, if any, in the last 12 months Has an acceptable Capital Improvement Plan (CIP)been implemented? n n ■ n Does CIP address short term needs and long term Tmaster plan\"concepts? n n 0 n Does CIP cover three to five year period? n n 0 n Does CIP include Goal Statement? n n M n Does CIP include description of project area? n n ■ n Does CIP include description of existing facilities? n n ■ n Does CIP include known deficiencies? n n ■ n Does CIP include forecasted future needs? n In n n Is CIP designated only for wastewater collection and treatment? n n ■ n Approximate capital improvement budget for collection system? Total annual revenue for wastewater collection and treatment? $22,176.00 CIP Comments Is system free of known points of bypass? ■ ❑ n n If no,describe type of bypass and location Is a 24-hour notification sign posted at ALL pump stations? n n ■ n #Does the sign include: Instructions for notification? n n ■ n Pump station identifier? n n ■ n 24-hour contact numbers nn ■ n Page: 3 Permit:WQCSD0431 Owner-Facility: Ledgestone Property Owners Association Inspection Date: 05/10/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine If no,list deficient pump stations #Do ALL pump stations have an"auto polling"feature/SCADA? n n ■ n Number of pump stations 0 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? n n #If yes, date implemented? Describe: Comment: Operation &Maintenance Requirements Yes No NA NE Are all log books available? ■ n Does supervisor review all log books on a regular basis? ■ n n n Does the supervisor have plans to address documented short-term problem areas? ® n n n What is the schedule for reviewing inspection, maintenance, &operations logs and problem areas? monthly Are maintenance records for equipment available? 0 n ® ❑ Is a schedule maintained for testing emergency/standby equipment? n n ■ n What is the schedule for testing emergency/standby equipment? Do pump station logs include: Inside and outside cleaning and debris removal? n n ® Cl Inspecting and exercising all valves? fl 0 ® n Inspecting and lubricating pumps and other equipment? n n ■ n Inspecting alarms,telemetry and auxiliary equipment? n n ■ n Is there at least one spare pump for each pump station w/o pump reliability? n n ■ n Are maintenance records for right-of-ways available? i=1 n M 0 Are right-of-ways currently accessible in the event of an emergency? n In ■ n Are system cleaning records available? 0 n ■ n Has at least 10%of system been cleaned annually? 0 I] M Cl Page: 4 Permit:WQCSD0431 Owner-Facility: Ledgestone Property Owners Association Inspection Date: 05/10/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine What areas are scheduled for cleaning in the next 12 months? Is a Spill Response Action Plan available? 00110 Does the plan include: 24-hour contact numbers ■ n n n Response time ■ n n Equipment list and spare parts inventory ■ n n n Access to cleaning equipment ■ n n n Access to construction crews, contractors, and/or engineers ■ n I] Cl Source of emergency funds ■ n n n Site sanitation and cleanup materials ■ ❑ n Post-overflow/spill assessment ■ In n In Is a Spill Response Action Plan available for all personnel? ■ ❑ 0 ❑ Is the spare parts inventory adequate? ® n n n Comment: Page: 5 ,� ���. � . ;_ t�_ _- __ ;:_�' fF^ _ . __ �a� �._� _ _ KA J�A NCDEWR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 8, 2011 Cherokee County DWQ Project 20110495 NCSR 1145 (Shoal Creek Road) Approval of 401 Water Quality Certification with Additional Conditions Mr. J. B. Setzer, P.E. Division 14 Engineer North Carolina Department of Transportation 253 Webster Road Sylva,North Carolina, 28779 Dear Mr. Setzer: You have our approval, in accordance with the conditions listed below,for the following impacts in five(5)unnamed tributaries of South Shoal Creek and three(3)unnamed tributaries of Rocky Ford Creek for the purpose of grading, widening and paving NCSR 1145 (Shoal Creek Road) in Cherokee County: Stream Impacts in the Hiwassee River Basin Site Permanent Fill Temporary Permanent Temporary Total Stream in Intermittent Impacts in Fill in Impacts in Stream Impacts Stream (linear Intermittent Perennial Perennial Impact Requiring ft) Stream Stream Stream (linear ft) Mitigation (linear ft) linear ft linear ft) linear ft Site 1 Sta.7+24 0 0 19 75 94 0 Site 2 Sta.31+00 0 0 27 75 102 0 Site 3 Sta.65+62 0 0 23 72 95 0 Site 4 Sta.85+45 0 0 31 75 106 0 Site 5 Sta. 124+42 0 0 60 105 165 0 Site 6 Sta. 135+86 0 0 23 75 98 0 Site 7 Sta. 53+83 0 0 19 75 94 0 Site 8 Sta. 124+83 0 0 1 60 105 1 165 0 Total 0 1 0 1 262 657 1 919 1 0 Total Permanent Stream Impacts for Project: 262 lin. ft. Total Temporary Stream Impacts for Project: 657 linear ft. The project should be constructed in accordance with your application dated May 15, 2011 (received May 23, 2011), and modified application dated June 3, 2011 (received June 7, 2011), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3820, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or,local permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. )RFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOI thCarofina. Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877.623-6748 �gtlirR!1 Internet: www.ncwaterqualiV.org An Equal Opportunity 1 Affirmative Action Employer Mr. J. B. Setzer,P.E. June 8,2011 Page Two This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h)(6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control, Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. 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 for the unnamed tributaries of South Shoal Creek. 5. The permittee shall use/Design Standards in Sensitive Watershedsl[15A NCAC 413.0124(a)-(e)] in areas draining to trout waters. However,due to the size of the project,NCDOT shall not be required to meet 15A NCAC 413.0124(a) regarding the maximum amount of uncovered acres. Temporary cover(wheat, millet,or similar annual grain)or permanent herbaceous cover should be planted on all bare soil within 15 business days of ground disturbing activities, to provide erosion control. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control devices such as silt fence,temporary sediment ditches,basins,etc. Matting should be secured in place with staples or stakes, or wherever possible, live stakes of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid,which can impinge and entrap small animals. For the establishment of temporary groundcover within riparian areas, hydro seeding along with wood or cellulose based hydro mulch applied from a fertilizer-and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control ,setzer, P.E. 2011 age Three measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters is prohibited. Riparian areas are defined as a distance of 25-feet landward from the top of stream bank. 6. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High Quality Waters (HQW), or Water Supply I or II (WSI, WSII) stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pretreating storm water runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. 7. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches,to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction,please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 8. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 9. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 10. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 11. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 12. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished in the riparian areas within the construction limits of the project by the end of the growing season following completion of construction. 13. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 14. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed,sized and installed. 15. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 16. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants,hydraulic fluids,or other toxic materials. 17. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 19. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 20. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. Mr. J. B. Setzer, P.E. June 8,2011 Page Four 21. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 22. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 23. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 24. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 25. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 26. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 27. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 28. Upon completion of the project (including an impacts at associated borrow or waste sites), the NCDOT Division P P P J (� g Y P ) �_ Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. Setzer, P.E. 6,2011 age Five 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 Attachment cc: Lori Beckwith, USACE,Asheville Field Office Mark Davis, Division 14, DEO Ed Ingle,Roadside Environmental Dave McHenry,NCWRC Transportation Permitting Unit Asheville Regional Office 11-0495(Setter)NCSR 1145 Shoal Creek Road .\ �� �\ �� �y i �`_,� fi � NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 8, 2011 Mr. Thomas E. Hartye, PE Metropolitan Sewerage District of Buncombe County, North Carolina 2028 Riverside Drive Asheville, North Carolina 28804-3054 Subject: NOTICE OF VIOLATION NOV-2011-DV-0156 Permit No. WQCS00004 MSD of Buncombe County, North Carolina MSD Collection System Buncombe County Dear Mr. Hartye: A review has been conducted of MSD Buncombe County Collection System's self reported Sanitary Sewer Overflows (SSO's) 5-Day Report submitted by Metropolitan Sewerage District of Buncombe County, North Carolina. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00004 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type - CSO/SSO (Sewer Overflow) 05/21/2011 Sanitary Sewer Overflow Discharge NOV-2011-DV-0155 7,300 Gallbns Total WithoutValid Permit Incident# 201101169 (7,000 Gallons to Avery's Creek) Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Asheville Regional Staff or Janet Cantwell at 828-296-4500. Sincerely, Roger Edwards Surface Water Protection Section Supervisor Division of Water Quality Asheville Region Cc: DWQ Asheville Files DWQ Central Files PERCS Unit Barry Cook/ORC/MSD CS S:\SWPtBuneombe\Collection Systerns\MSD Collection System\N0V-201'I-DV-0155.doe SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One Phone:(828)296-4500\FAX:828 299-7043\Customer Service:1-877-623-6748 NOrthCarOlina Internet:www.ncwaterauality.org ;Vatura!!� i �. Ak MA 74 1,r?"A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 9, 2011 Mr. William H. Dixon, P. E. Municipal Engineering Services Co., P.A. Post Office Box 97 Garner,North Carolina 27529 Subject: Fast-Track Application Return Haywood County Bridge 419 on US 19-23 (Parker Street) Town of Canton Haywood County Dear Mr. Dixon: Attached herewith is the Fast-Track Sewer Application which you submitted seeking permission to replace and extend an existing sewer to serve the Haywood County Bridge 419 on US 19-23 (Parker Street) project. The application is being returned for the following reason(s): (1) Only the Application was received by this office. Part `A' states: "submit one original and one copy ....". Without the copy, the application is considered `incomplete'. I look forward to receiving a completed application. Should you have questions or need additional information,please contact me at 828/296-4500. Sincerely, Donald R. Price, CET WWTP Consultant Cc: Al Matthews, Town Manager, Town of Canton Enclosure: Fast-Track Application SASWPWiavwood\Collection SvstemsTanton Collection SystemWpplication Return Haywood County Bridge 419 on US 19-23(Parker Street)project doc SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-296450M FAX:828-299-7043 V Customer Service:1-877.623-6748 // Internet: www,ncwaterquality.org Natlll ally An Equal Opportunity 1 Affirmative Action Employer N+CDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary June 9, 2011 Floyd E Gunter 1289 Aliens Creek Rd Waynesville NC 28786 SUBJECT: Compliance Evaluation Inspection 1287 Aliens Creek Road Permit No: NCG550377 Haywood County Dear Mr. Gunter: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on May 19, 2011. The facility appeared to be in Compliance with permit NCG550377. -- Please refer to the enclosed inspection report for additional observations and comments. If you or your have any questions, please call me at 828-296-4500. Since:jzeIW Jeff Environmental Specialist Enclosure cc: Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 2877 NOrthCarolina Phone:(828)296-4500\FAX:828 299-7043\Customer Service:1-877-623-6748 J►� // Internet:www.ncwatergualitY.orq S:\SWP\Haywood\Wastewater\General\NCG55SFR\NCG550377CE12011.doc �/Vatzmal Y United States Environmental Protection Agency Form Approved. EPA /� Washington,D.C.20460 G !'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 Us 31 NCG550377 ' 11 121 11/05/19 117 18LCI 191.c1 20) �J Remarks L �J t� 21111111111111111111IIIIIIIIIIIIIIIIIIIIIIIIIIII16 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67 I 169 70)3 71 U 72)N I 73�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) 1287 Allens Creek Road 01:00 PM 11/05/19 02/08/01 1287 Allens Creek Rd Exit Time/Date Permit Expiration Date Waynesville NC 28786 01:15 PM 11/05/19 07/07/31 Name(s)of Onsite Representative(s)fritles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Floyd E Gunter,1289 Allens Creek Rd Waynesville NC 28786//704-456-8570/ Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Facility Site Review N Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) 44 , Name(s)and Signature(s))oo'f Inspector(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel C ;a ARO WQ//828-296-4500/ �4/11 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3� NCG550377 I11 12) 11/05/19 I17 181_' Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) No violations of permit requirements or applicable regulations were observed during this inspection. Page# 2 Permit: NCG550377 Owner-Facility: 1287 Aliens Creek Road Inspection Date: 05/19/2011 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Q ❑ ■ ❑ Is the facility as described in the permit? ■ 0 Q #Are there any special conditions for the permit? 0 ■ Q Q Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? ❑ O Q Comment: The structure in the back of the property did not appear to be in use. Page# 3 mi)h NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 9,2011 Vickie Miller, Director of Community Investment North Carolina Department of Commerce 4313 Mail Service Center Raleigh,NC 27699-4313 Subject: Collection System Retrofit Regional Office Support Permit No.WQCS00111 Town of Tryon Town of Tryon Collection System Polk County Dear Ms.Miller: The Town of Tryon's aging collection system has experienced frequent sanitary sewer overflows the last several year(s). The overflows have primarily occurred on the lower end of the system prior to entry into the wastewater treatment facility. Investigation into the integrity of the collection system has exposed problems with inflow and infiltration throughout the collection system. The town is exploring the need for entering into a Special Order by Consent(SOC)with the Division of Water Quality. Civil penalties for these SSOs have been assessed by the Asheville Regional office and more are anticipated. This proposal for replacement of the trunk line is the most effective in reducing overflow of sanitary sewer in this identified location. The Town is seeking assistance in funding their Collection System Retrofit project(s)based upon the findings of their needs assessment.A requirement of the SOC is that funding be secured to complete items listed in the SOC by scheduled dates.The Town will also need to explore any and all other funding sources, in addition to the Rural Center, so they can meet the requirements of a Special Order by Consent, should they chose to move forward with the order. Additionally,the must meet requirement of their WQCS collection system permit. A collection system retrofit for the primary line carrying wastewater into the WWTP is the logical answer to removing extraneous flow from the Town's collection system.The Asheville Regional Office strongly supports the Town of Tryon's endeavors to secure funding for this project. Sincerely,�v Roger C.Edwards,Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Regional Office Cc: Central Files PERCS Justin Hembree Tryon Town Manager Jonathan F.Hollifield Watermark Engineering Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 one Phone:828-296-45001 FAX:828-299-7043\Customer Service:1-877-623-6748 NorthCarohna Internet: www.ncwaterquality.org NaturaClt� An Equal Opportunity\Affirmative Action Employer C:\Documents and Settings\rcedwards\Desktop\Tryon Collection System Support Letter doc 2(2).doc \� �- . �-. i �, ; �;:� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 9, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 6727 Mr. Carl Daniel Carolina Water Service Inc. of NC PO Box 240908 Charlotte, North Carolina 28224-0908 Subject: NOTICE OF VIOLATION / NOTICE OF INTENT TO ENFORCE NOV-2011-DV-0157 Permit No. WQCS00227 Carolina Water Service Inc. of NC Fairfield Sapphire (formerly Jackson Utility) Collection System Jackson County Dear Mr. Daniel: A review has been conducted of Fairfield Sapphire (formerly Jackson Utility) Collection System's self reported Sanitary Sewer Overflows (SSO's) 5-Day Report submitted by Carolina Water Service Inc. of NC. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00227 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type CSO/SS (Sewer Overflow) 05/07/2011 to Sanitary Sewer Overflow Discharge NOV-2011-DV-0157 05/09/2011 30,000 Gallons Total Without Valid Permit Incident# 201101107 (30,000 Gallons to the Horsepasture River) Please be advised that this Office is considering sending a recommendation for an enforcement action to the Director of the Division of Water Quality regarding this matter. One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 (� NorthCarolina Phone:828-296-450M FAX:828-299-70431 Customer Service:1-877-6 -6748 �tura���R Internet: www.ncwaterquality.org / t An Equal Opportunity 1 Affirmative Action Employer Mr. Carp Daniel June 9, 2011 Page Two Please submit in writing to this office within ten (10) business days a detailed account of the circumstances surrounding this SSO and what actions are being taken to address the cause of this SSO. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations. If you have any question regarding this policy please contact your Asheville Regional Staff or Janet Cantwell at 828-296-4600. Sincerely, Roger C. Edwards, Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: DWQ Asheville Files DWQ Central Files PERCS Unit Gary Mack Peacock/ORC/CS SASWPkJackson\Coilection System sTairfield Sapphire Collection System\NOV-NOI-2011-DV-0157-doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 9,2011 Mr. Michael Moiling USDI National Park Service 199 Hemphill Knob Road Asheville,North Carolina 28803 Subject: NOTICE OF VIOLATION NOV-2011-DV-0156 Permit No.NCO072729 USDI National Park Service Mount Pisgah Lodge &Recreation Area WWTP Haywood County Dear Mr. Moiling: A review has been conducted of Mount Pisgah Lodge&Recreation Area WWTP's self reported By-Pass 5-Day Report submitted by USDI National Park Service. This review has shown the subject facility to be in violation of the requirements found in your NPDES permit NCO072729 and/or G.S. 143- 215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type WWTP By-Pass 05/29/2011 to WWTP By-Pass Discharge NOV-2011-DV-0156 05/30/2011 17,798 Gallons Without Valid Permit Incident# 201101135 Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Asheville Regional Staff or Janet Cantwell at 828-296-4500. Sincerely, . =_ Roger C. Edwards Surface Water Protection Section Supervisor Division of Water Quality Asheville Region Cc: DWQ Asheville Files DWQ Central Files PERCS Unit Henry Keefer, Jr./ORC 5 SS�l'Ifaswooc9'.Ai.gl�Ertttcr.�fiu�rs Ott.f'is#� hLode ttec Area 721^9';NOVA-ZQ'I1-C3�r'...{lSa!i.lisc SURFACE WATER PROTECTION-ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolina Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 // Internet:www.ncwaterauality.org �aturall'y NC ERR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 10,2011 Dr. Gregory J.Thorpe,Ph.D. Environmental Management Director,PDEA North Carolina Department of Transportation Project Development and Environmental Analysis 1598 Mail Service Center Raleigh,NC 27699-1598 Subject: Permit No. SW 1110501 TIP No.B-4046,NCSR 1901 Bridge Nos.38 and 175 State Stormwater Permit N C Department of Transportation Burke County Dear Dr.Thorpe: The Asheville Regional Office received a completed Stormwater Application for the subject project on June 9, 2011. Staff ✓view of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW1110501 dated June 10, 2011 to the NC Department of Transportation for the proposed replacement of Bridge No. 38 over Jacob Fork and Bridge No. 175 over White Oak Creek on NCSR 1901 (Wards Gap Road)in Burke County. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. 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 thirty(30)days following receipt of this permit. 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, NC 27699-6714. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Mr. Mike Parker at (828) 296-4500. Sincerely, Roger Edwards,Regional Supervisor Surface Water Protection Section Asheville Regional Office IURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCaTolina Phone: 6 45001 FAX:828-299-70431 Customer Service:1-877-623 6748 �atura!!t� Internet:: www.ncwaterquali�.org An Equal Opportunity 1 Affirmative Action Employer Dr. Greg Thorpe, Ph.D. June 10,2011 Page Two \ Attachment cc: David Chang, P.E.,NCDOT Hydraulics Unit Ed Green,Division 13 Maintenance Engineer Roger Bryan,Division 13 DEO DWQ Transportation Permitting Unit Mike Parker,Asheville Regional Office State Stormwater Management Systems Permit No. SW1110501 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT STORMWATER PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws,Rules,and Regulations PERMISSION IS HEREBY GRANTED TO NC Department of Transportation Burke County FOR THE Construction of a public road/bridge in compliance with the provisions of 15A NCAC 21-1.1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit forreplacement_of Bridge No.38 over Jacob Fork and Bridge No. 175 over White Oak Creek on NCSR 1901 (Wards Gap Road)in Burke County. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. The runoff from the impervious surfaces has been directed away from surface waters as much as possible. 2. The Amount of built-upon area has been minimized as much as possible. 3. Best management Practices are employed which minimizes water quality impacts. 4. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. - 5. Vegetated roadside ditches are 3:1 slopes average or flatter. 6. A preformed scour hole and a special cut ditch(average slope of 3:1)will be constructed to treat stormwater dra,, to White Oak Creek and two(2)preformed scour holes will be constructed to treat stormwater draining to Jacob Forh., II. SCHEDULE OF COMPLIANCE 1. The permittee shall at all times provide adequate erosion control measures in conformance with the approved Erosion Control Plan. 2. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 3. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 4. The permittee shall submit to the Director and shall have received approval for revised plans, specifications,and calculations prior to construction for the following items: a. Major revisions to the approved plans, such as road realignment, deletion of any proposed BMP, changes to the drainage area or scope of the project, etc. b. Project name change. C. Redesign of, addition to, or deletion of the approved amount of built-upon area, regardless of size. d. Alteration of the proposed drainage. 5. The Director may determine that other revisions to the project should require a modification to the permit. III. GENERAL CONDITIONS 1. This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with the terms and conditions of this permit until such time as the Director approves the transfer. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6(A) to 143- 215.6(C). 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal), which have jurisdiction. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by laws, rules, and regulations contained in Title 15A of the,/ North Carolina Administrative Code, Subchapter 2H .1000; and North Carolina General Statute 143-215.1 et.al. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification,revocation and reissuance or termination does not stay any permit condition. 6. The permit issued shall continue in force and effect until revoked or terminated. 7. The permittee shall notify the Division of any name,ownership or mailing address changes within 30 days. Permit issued this the 1 Oth day of June 2011. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Col en Sullins,Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW1110501 DOT Bridge Replacement NCSR 1901 TIP No.4046 SW1110501 i-., �, __ __ �_ .. AXIKW� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Goleen H. Sullins Dee Freeman Governor Director Secretary June 10,2011 Mike Armstrong Farnum Custom Products 30 Legend Drive Arden,NC 28704 Subject: No Exposure Certification—Approval NCGNE0783 Farnum Custom Products Buncombe County Dear Mr. Armstrong: The Division has reviewed your application for a No Exposure Certification for Exclusion(NE)for the subject facility. Based on the information provided and a site visit conducted on June 9, 2011,the NE has been approved. Please note that you are obligated to maintain no-exposure conditions at your facility. If conditions change such that your facility can no longer qualify for a NE,you are obligated to immediately obtain NPDES permit coverage for your tormwater discharge. Otherwise,the discharge becomes subject to enforcement as an un-permitted discharge. Your NE does not expire. In order to help assure that your facility stays in compliance with all of the conditions in the Certification,you must self-recertify your facility at least annually. Please see the attachment for information on self- recertification. Your conditional exclusion from permitting does not affect your facility's legal requirements to obtain environmental permits that may be required under other federal, state, or local regulations or ordinances. If you have any questions or need further information,please contact Chuck Cranford at 828-296-4664 or chuck,cranford@ncdenr.gov. Sincerely, For Colleen H. Sullins Enc. cc: WBSCP Unit ARO Files S:\SWP\Buncombe\Stormvvater\3-No ExposuresTamum Custom Products\APRVL_NE.6.9A l.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 One 1 Internet:www,ncwaterquality.org NorthCarolin.a Aaturally An Equal Opportunity 1 Affirmative Action Employer �. \� '\ �/� \._�ii;. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Goleen H. Sullins Dee Freeman Governor Director Secretary June 10, 2011 Swain County TIP No. R-5118 DWQ Project 20100943V.2 NCSR 1323 (Slope Street) Approval of 401 Water Quality Certification with Additional Conditions-MODIFICATION Mr. J. B. Setzer,P.E. Division 14 Engineer North Carolina Department of Transportation 253 Webster Road Sylva,North Carolina,28779 Dear Mr. Setzer: You have our approval, in accordance with the conditions listed below,for the following impacts in Bryson Branch and in an unnamed tributary to Bryson Branch for the purpose of widening, installing curb and gutter and sidewalk along NCSR 1323 (Slope Street) in Swain County: Stream Impacts in the Little Tennessee River Basin Site Streambank Temporary Permanent Temporary Total Stream Stabilization in Impacts in Fill in Impacts in Stream Impacts Perennial Intermittent Perennial Perennial Impact Requiring Stream Stream Stream Stream (linear ft) Mitigation linear ft linear ft linear ft linear ft linear ft Original Approved 0 0 12 100 112 0 Impacts at Site 1 Original Approved 10 0 0 0 10 0 Impacts at Site 2 Site 3 New Impacts 100 0 0 0 100 0 Site 4 New Impacts 0 0 32 75 107 0 Total 110 0 44 175 329 0 Total Permanent Stream Impacts for Project: 154 lin. ft. Total Temporary Stream Impacts for Project: 175 lin. ft. The project should be constructed in accordance with your application dated November 2, 2010 (received November 12, 2010) and modified application dated May 31, 2011 (received June 3, 2011), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3820, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition,you should acquire any other federal, state or local permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:: www,ncwa a FAX:828-299 70431 Customer Service:1 877 623-6748 ����r���� Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Mr. J. B. Setzer, P.E. June 10,2011 Page Two This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre, or if total impacts to streams(now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h)(6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s) of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. Where placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis=equilibrium-of wetlands or-streambeds-or banks, adjacent to or upstream anddown stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 5. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. `"' .3etzer, P.E. o,2011 .ge Three 6. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 7. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 8. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 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. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 17. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 18. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 19. 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. 20. 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. 21. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 22. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards(including any requirements resulting from compliance with §303(d)of the Clean Water Act)and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 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. Mr.J.B. Setzer,P.E. June 10, 2011 Page Four 24. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 25. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. 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 IAI Division of Water Quality cc: Lori Beckwith, USACE, Asheville Field Office Mark Davis, Division 14, DEO Ed Ingle, Roadside Environmental Dave McHenry,NC WRC Transportation Permitting Unit Asheville Regional Office 100943V.2(Setter)NCSR 1323 R-5118 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 10, 2011 Aaron Banks 278 Tipton Hill Road Leicester,NC 28748 Ray Tracy City of Asheville Stormwater Services Division P. O. Box 7148 Asheville,NC 28802 Subject: Stream Identification Request 41 Lanvale Avenue Findings: Intermittent Stream Dear Messrs. Banks and Tracy: This letter provides the findings of a site visit at 41 Lanvale Avenue conducted on June 9, 2011 to provide a stream determination of the feature located in the central-western portion of the property, oriented north-to-south. The results were as follows: Features Score Comments Geomorphology 10.5 Hydrology 4 Biology 4.75 Juncus and Rush noted (FACW plants) Total 19.25 Determination: Intermittent The stream origin was judged to be located approximately 10 feet north of the wire fence line, which appeared to mark the property boundary between 41 Lanvale and the adjoining lot to the south. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:: www.ncwat 1 FAX:828-299 70431 Customer Service:1-877-623-6748 ����N�//� Internet: www.ncwaterquality.org ` " An Equal Opportunity 1 Affirmative Action Employer 41 Lanvale Avenue June 10,2011 Page 2 oft Please contact me if I can be of any further assistance: 828-296-4664 or chuck.cranfordkncdenr.gov. e .� Sincerely, Chuck Cranford Environmental Specialist Surface Water Protection FqCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary June 13, 2011 Mr. John Jacobs Lipsey Mountain Spring Water 453 Depot Street Franklin,North Carolina 28734 SUBJECT: Notice of Violation Response and Sediment Removal Plan Approval Lipsey Mountain Spring Water NOV-2011-SS-0020 Macon County Dear Mr. Jacobs: The Division of Water Quality has received correspondence from C. Lewis Penland, Inc. dated June 8, 2011, in response to the NOV noted above. The proposal includes the removal of sediment from unnamed tributary to Cullasaja River(Class B, Tr waters). The plan included sediment removal via bucket and shovel, with on-site disposal of removed sediment, and oversight by Mr. Penland, along with pre and post monitoring and photo documentation. The remedial actions presented in the response have been found satisfactory and are approved. Activities involved in this approved plan, as well as submittal of the final report, are to be completed within thirty(30) days of the completed sediment removal activity. Sincerely, Kevin Barnett Environmental Specialist Surface Water Protection cc: ARO File Copy SASWP\Macon\Stormwater\NCG01 Construction\LipseyMountainSpringWater\Lipsey.SedimentRemovalAPPVL.06-13-2011.doc SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollna Phone:828-296.45001 FAX:828-299-70431 Customer Service:1-877-623-6748 �gturq��� Internet: www.ncwaterqual4.org An Equal Opportunity\Affirmative Action Employer A r NCQEMR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 13, 2011 John Charles Newton 16 Dew Waite Road Black Mountain, NC 28711 Sean Rathe 14 Dew Waite Road Black Mountain, NC 28711 Subject: Overflowing Private Sewer Location: Dew Waite Road Buncombe County, NC 28711 Dear Sirs: It is the understanding of the Asheville Regional Office, Division of Water Quality, Surface Water Protection staff that a privately owned sewer line which runs in between 16 Dew Waite Road owned by John Charles Newton and 14 Dew Waite Road owned by Sean Rathe, is overflowing between the two properties. Information indicates that the persons receiving this letter make use of this line. All users of.this line need to immediately make arrangements to have it repaired. North Carolina General Statute 13A-335(a) says that a person owning a residence shall provide an approved wastewater system. Continued dependence on an overflowing sewer places at risk your ability to continue to live in your house. Each residence that is connected to this line(s) is responsible for proper operation and maintenance of the sewer line(s). When an overflow occurs from this sewer line(s) ALL residences connected are responsible for the repair of the sewer line(s). Failure to repair a sewage overflow can result in assessment of civil penalties of up to $25,000 per day. Please notify this office when repairs are complete. SincAenzel Jeff Environmental Specialist cc: Nick Cassizzi/ 151 Hwy 9 Suite B, Black Mountain, NC 28711 DWQ Asheville Files Buncombe County Health Dept/ Environmental Health North Carolina Division of Water Quality,Asheville Regional Office �1�) One Location:2090 U.S.Hwy.70,Swannanoa,North Carolina 27107 �J Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 North C arOhria Internet:www.ncwaterquality.org ��urR`�j/ S:VSWP1Buncombe\Z-Loose Docs\Dew Waite overflow.doc �J S:\SWP113uncornbeCl.-Loose Docs\Dew Waite overllow.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 14, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED—70101870 0003 0874 6741 Mayor Sidney Harrison Town of Hot Springs PO Box 218 Hot Springs, North Carolina 28743-0218 Subject: NOTICE OF VIOLATION / NOTICE OF INTENT TO ENFORCE NOV-2011-DV-0158 Permit No. NCO025836 Town of Hot Springs Hot Springs WWTP Madison County Dear Mayor Harrison: A review has been conducted of Hot Springs WWTP's self reported WWTP By-Pass 5- Day Report submitted by the Town of Hot Springs. This review has shown the subject facility to be in violation of the requirements found in your WWTP Permit NCO025836 and/or G.S. 143- 215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type Wastewater Treatment Plant 04/30/2011 to WWTP By-Pass Discharge Without NOV-2011-DV-0168 05/03/2011 150,OOQ Gallons Valid Permit Incident# 201101108 (150,000 Gallons to the French Broad River) Please be advised that this Office is considering sending a recommendation for an enforcement action to the Director of the Division of Water Quality regarding this matter. Please submit in writing to this office within ten (10) business days a detailed account of the circumstances surrounding this By-Pass and what actions are being taken to address the cause of this By-Pass. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Qilic Phone:828-29645001 FAX:828-299-70431 Customer Service:1-877-623-6748 NordhCarolliina Internet: www.ncwaterquality.org NaturallyAn Equal Opportunity 1 Affirmative Action Employer Mayor Sidney Harrison June 14, 2011 Page Two Include in your reply: • Why was the Asheville Regional Office not notified when Blower# 1 went down? • Detailed series of events surrounding the By-Pass, • How the volume of the By-Pass was calculated, • Whom did you notify and when? and • A copy of the Press Release and Public Notice required per G.S. 143- 215.1 C(b). Enclosed are the current forms to be used for reporting SSO's and By-Passes. In the future, please use the correct forms when reporting. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations. If you have any question regarding this policy please contact your Asheville Regional Staff or Janet Cantwell at 828-296-4500. Sincerely, Roger C. Edwards, Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Enclosures Cc: DWQ Asheville Files DWQ Central Files PERCS Unit Randy Joseph/ORC S I,SWI":A,iatiison\lk,'astewat.�.i=�kluiiicipal',II tot Springs WWI P 2 836,NO1 N0 1-2411-ITV-(7t NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 14, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED—70101870 0003 0874 6734 Mr. John Boone, Mayor Town of Elk Park P.O. Box 248 Elk Park, North Carolina 28622 Subject: NOTICE OF VIOLATION / NOTICE OF INTENT TO ENFORCE NOV-2011-DV-0162 Permit No. WQCSD0557 Town of Elk Park Collection System Elk Park WWTP Avery County Dear Mayor Boone: A review has been conducted of Elk Park WWTP's self reported Sanitary Sewer Overflows (SSO's) 5-Day Report submitted by the Town of Elk Park. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCSD0557 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type CSO/SS (Sewer Overflow) 05/04/2011 Sanitary Sewer Overflow Discharge NOV-201 1-DV-01 62 600 Gallons Without Valid Permit Incident# 201101201 Remedial actions should be taken to correct this problem. The Division of Water Quality is considering pursuing enforcement action for this violation. Please submit in writing to this office within ten (10) business days a detailed account of the circumstances surrounding this SSO and what actions are being taken to address the cause of this SSO. Also include: e A detailed description of how the Town of Elk Park determines the volume of a spill. • Does your Sewer Use Ordinance include a FOG (Fats, Oils, Grease) clause? Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 1�TOne t, 1 Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 1 O1rt11Car01111a Internet: www.ncwaterquality.org ;Vaturallf An Equal Opportunity 1 Affirmative Action Employer Mayor John Boone June 14, 2011 Page Two • When was the line last cleaned? • When was the last time public education information for grease was sent out? You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations. If you have any question regarding this policy please contact your Asheville Regional Staff or Janet Cantwell at 828-296-4600. Sincerely, ler , Edwards, Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: DWQ Asheville Files DWQ Central Files PERCS Unit Otis Ward/ORC SASWPtAverytCollection Systems\Eik Park Collection SysteryMOV-NO! 2011-DV-t162.doc l 1 rr? NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Goleen H. Sullins Dee Freeman Governor Director Secretary June 15, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED—7010 1870 0003 0874 6772 Mr. Harold L. Henson Town of Crossnore P.O. Box 129 Crossnore,North Carolina 28616 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 NCO026654 Town of Crossnore Crossnore WWTP Case No. MV-2011-0035 Avery County Dear Mr. Henson: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$186.00 ($119.00 civil penalty+ $67.00 enforcement costs) against the Town of Crossnore. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by the Town of Crossnore for the month of December 2010, This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0026654. The violations which occurred in December 2010 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Town of Crossnore violated the terms, conditions or requirements of NPDES Permit NCO026654 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against the Town of Crossnore: None rthCarolina �aturallt� SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 Phone:(828)296-4500\FAX:828 2997043\Customer Service: 1-877-623-6748 Internet:www.ncwaterauality.org wiN $44.00 For 1 of the 1 failures to properly monitor TOTAL P - Cone in violation of NPDES Permit No. NC0026654. $75.00 For 1 of the 1 failures to properly monitor TOTAL N - Cone in violation of NPDES Permit No. NC0026654. $119.00 TOTAL CIVIL PENALTY $67.00 Enforcement Costs 186.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c),in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver farm). 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 .pitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.I(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil-Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax)or electronic mail by an attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)431-3000 �. Fax: (919)431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh,NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Asheville Files w/attachments DWQ Central Files w/attachments Bob Guerra/DWQ Point Source w/attachments Water Quality Lab & Operations/ORC w/attachments S-VSWI",Ax,ei"M,astew atcr Municip,aI i`ros,snore 2665,PA V-2011-0035,doe i i JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: MV-2011-0035 County: Avery Assessed Party: Town of Crossnore Permit No.: NCO026654 Amount Assessed: $186.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: A STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMh, AND NATURAL RESOURCES COUNTY OF AVERY IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS TOWN OF CROSSNORE ) PERMIT NO. NCO026654 ) FILE NO. MV-2011-0035 Having been assessed civil penalties totaling $186,00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 15, 2011, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 i' SIGNATURE ADDRESS TELEPHONE a 0 ° I- o 0 Z > 5 O 4! Q O m c LL LL a z O 5 Ix >Z OJ 0 LU QW J� =J Uj J Q U F J (D Q LLX Oj Z ZQ E E O L) U) r� 0 0 ¢ L 1 � r U z N N W > > uuii m m = t� LL a 0 U C w ¢ C CO ZOW o O ¢ 0 D Qa M f7 I- Z O Q N 04 W Q U a. � U U F O w Z a 0 0 0 CL f U Z 0 U UO w w LL J U. J I.- o 0 D N O It) O c O O N �� CD l�Q o 0 00 U > zili N N Z O F' C � ow O O a o Z a J44 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 15, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED—7010 1870 0003 0874 6765 Mr. Keith E. Hoilman Town of Newland P.O. Box 429 Newland, North Carolina 28657 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 NCO021857 Town of Newland Newland WWTP Case No. MV-2011-0034 Avery County Dear Mr. Hoilman: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$186.00 ($119.00 civil penalty+ $67.00 enforcement costs) against the Town of Newland. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by the Town of Newland for the month of December 2010. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0021857. The violations which occurred in December 2010 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Town of Newland violated the terms, conditions or requirements of NPDES Permit NCO021857 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against the Town of Newland: NorthCarohna Nawally SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 Phone: (828)296-4500\FAX:828 2997043\Customer Service: 1-877-623-6748 Internet:www.ncwaterauality.org$11V $44.00 For 1 of the 1 failures to properly monitor TOTAL P - Conc in violation of NPDES Permit No.NC0021857. $75.00 For 1 of the 1 failures to properly monitor TOTAL N- Conc in violation of NPDES Permit No. NCO021857. $119.00 TOTAL CIVIL PENALTY $67.00 Enforcement Costs $186.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention o£ 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 .cd, and submit it to the Division of Water Quality at the address listed below. In ,,ermining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.I(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax)or electronic mail by an attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919) 431-3000 �. Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh,NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, r Roger C. Edwards, Regional Supervisor Surface Water Protection Section ` J Asheville Regional Office ATTACHMENTS cc: DWQ Asheville Files w/ attachments DWQ Central Files w/attachments Bob Guerra/DWQ Point Source w/attachments Water Quality Lab & Operations/ORC w/attachments 5'1swIl3'Aver} W.i tewater',N1uaiiupal'.Ne�iisuici'135-TI HIV-1.011-0031,doc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: MV-2011-0034 County: Avery Assessed Party: Town of Newland Permit No.: NC0021857 Amount Assessed: $186.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i,e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONME., AND NATURAL RESOURCES COUNTY OF AVERY IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS TOWN OF NEWLAND ) PERMIT NO. NCO021857 ) FILE NO. MV-2011-0034 Having been assessed civil penalties totaling $1.86.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 15, 2011, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE i wa. o_ o 0 0 z > > O U U C C O d a LL LL N a O C9 W a o 4 w aW JW �J c J Q U F- J d Q LL W 1 O:) — — z ~¢ E E z to O U d M O Q C 9 F- O z Z W 3 N O � � LU N > O m z w G LL v1 to 3 o O w Q F0- = QQ c� Z OO N 0 U > Q U a W U U v w z a 3 a o 0 Z a r r z O U UO W w LL J J Fa o 0 D N O LO = 0 O iRw O O N N a o 00 V � ZWK N N Z O 0 O O LU J O O M O z � V w vj r» NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 15, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED—70101870 0003 0874 6758 Mr. Danny McIntosh, Mayor Town of Burnsville P.O. Box 97 Burnsville, North Carolina 28714-0097 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 NCO020290 Town of Burnsville Burnsville W WTP Case No. MV-2011-0033 Yancey County Dear Mayor McIntosh: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$186.00 ($119.00 civil penalty+ $67.00 enforcement costs) against the Town of Burnsville. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by the Town of Burnsville for the month of December 2010. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0020290. The violations which occurred in December 2010 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Town of Burnsville violated the terms, conditions or requirements of NPDES Permit NCO020290 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, l, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against the Town of Burnsville: NorthCarolina Naturally SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 Phone:(828)296-4500\FAX:828 2997043\Customer Service: 1-877-623-6748 Internet:www.ncwaterguality.org�( $44.00 For 1 of the 1 failures to properly monitor TOTAL P - Conc in violation of NPDES Permit No. NC0020290. $75.00 For 1 of the 1 failures to properly monitor TOTAL N- Cone in violation of NPDES Permit No. NC0020290. $119.00 TOTAL CIVIL PENALTY $67.00 Enforcement Costs $186,00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be -ced, and submit it to the Division of Water Quality at the address listed below. In .ctermining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m, and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax)or electronic mail by an attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven(7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3-100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh,NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, kRoXC Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Asheville Files w/attachments DWQ Central Files w/attachments Bob Guerra/DWQ Point Source w/attachments Water Quality Lab & Operations/ORC w/attachments AS ipal113ua ri viIle W'W"TI'20290\11 V-201 1-0033_doc I. JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: MV-2011-0033 County: Yancey Assessed Party: The Town of Burnsville Permit No.: NC0020290 Amount Assessed: $186.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). _ (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); _ (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i,e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONME , AND NATURAL RESOURCES COUNTY OF YANCEY IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS THE TOWN OF BURNSVILLE ) PERMIT NO. NCO020290 ) FILE NO. MV-2011-0033 Having been assessed civil penalties totaling $186.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 15, 2011, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE W 0 0 m m f- 'o 0 z 5 5 N Q c c y O L LL LL a Z O LU LU 7 f- 0- 0 0 W F-W �a J� Q U F- T � � J V C Oj z za E E O U M M O O 76 z > LZ N M c c O m a m aa) U w a cn O u1 = m p o 0 Q O f-H Q Q m co F— Z O� N r (W > Q U C. i U N FW- W z a a. O O m a H H Z O U U0 w w LL J LL o 0 O N O N O z O 'i+ —Za, N rti p0 0 0 V � Z� N N Z O O & O O (L O Z n V a �' v, _..-. 1- ____ _____ _._______ __.. /,-_. �/ \.:�' 1 41 NCU R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 15, 2011 Marcus R Galloway 1146 Whitmore Rd Brevard NC 28712 SUBJECT: Compliance Evaluation Inspection Cherryfield Self Storage WWTP Permit No: NCG550879 Transylvania County Dear Mr. Galloway: Enclosed please find a copy of the Compliance Evaluation Inspection Report from the inspection which 1 conducted at your facility on June 1, 2011. The facility appeared to be in Compliance with permit NCG550879, but it is unknown if there were tablets in the chlorinator or the dechlorinator tubes. Please refer to the enclosed inspection report for additional observations and comments. If you have any questions, please call me at 828-296-4500. Sincerely, Keith Hayne Environmental Sr. Specialist Enclosure cc: Central Files Asheville Files S:;SWP\Transylvan;a\Wastewater`,General\NCG55 SFR\SFR's NCG55\ChertyField stcrace\6 1.11CFILetter.dvc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S. Highway 70,Swannanoa,NC 28778 NorthCarolina Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 // Internet:www.ncwaterauality.orq �gtut'Q", United States Environmental Protection Agency Form Approved: E n/� Washington,D.C.20460 OMB No.2040-0057 f / 1 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 NCG550879 111 121 11/06/0, 117 18I C' 191 Si 20I I �—! Remarks Si 211111111111111111111111111IIIIIIIIIIIIIIIIIIIII16 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA ---------------------------Reserved-------------------- 67 I 169 70 U 71 U 72)N I 73�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) Cherryfield Self Storage WWTP 01:35 PM 11/06/01 07/08/27 2375 Old Rosman Hwy Exit Time/Date Permit Expiration Date Brevard NC 28712 01:45 PM 11/06/01 12/07/31 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 Marcus R Galloway,1146 Whitmore Rd Brevard NC Contacted 28712//828-877-4300/8288773402 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Operations&Maintenance N Facility Site Review N Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Keith Haynes ///y ARO WQ//828-296-4500/ �. q. / Signature of Management QQ AA Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards AeCr ARO WQ//828-296-4500/ d 1( EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1\ 3� NCG550879 11 12� 11/06/01 J17 18U Section D: Summary of Finding/Comments(Attach additional ll sheets of narrative and checklists as necessary) Since the screw-on caps for the chlorine and dechlorine tubes were not removeable without an adjustable wrench, it is unknown if tablets were in any of the tubes. Please be sure to routinely check all tubes for the respective type of tablet. Page# 2 Permit: NCG550879 Owner-Facility: Cherryfield Self Storage WwTP Inspection Date: 06/01/2011 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ ❑ ❑ #Are there any special conditions for the permit? Q ❑ ■ ❑ Is access to the plant site restricted to the general public? M ❑ ❑ ❑ 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 ❑ ❑ ■ ❑ Judge,and other that are applicable? 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? ❑ ❑ ❑ ■ Is the contact chamber free of growth,or sludge buildup? ❑ ❑ ❑ ❑ Is there chlorine residual prior to de-chlorination? ❑ ❑ ❑ ■ Comment: The screw-on cap for the chlorine tube would not easily move thus it was unknown if tablets were in the tube 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? ❑ ❑ ■ Cl #Is de-chlorination substance stored away from chlorine containers? ❑ ❑ ❑ ■ Are the tablets the proper size and type? ❑ ❑ ■ ❑ Comment: The cap for the tube was not easily removed, thus it is unknown if tablets were in the tubes Are tablet de-chlorinators operational? ❑ ❑ ■ ❑ Number of tubes in use? 2 Comment: Page# 3 Permit: NGG550879 Owner-Facility: Cherryfield Self Storage WWTP Inspection Date: 06/01/2011 Inspection Type: Compliance Evaluation Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ 0 0 El Are the receiving water free of foam other than trace amounts and other debris? ■ 13110 If effluent (diffuser pipes are required) are they operating properly? n DED Comment: There was not discharge at the time of the inspection. Page# 4 4 KKR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 15, 2011 Bernie Kelly Davidson River Village LLC PO Box 880 Pisgah Forest, NC 28768 SUBJECT: Compliance Evaluation Inspection Davidson River Village Permit No: NC0000078 Transylvania County Dear Mr. Kelly: Enclosed please find a copy of the Compliance Evaluation Inspection Report from the inspection which I conducted on June 1, 2011. The facility was found to be in Compliance with permit NCO000078 at the time of the inspection. Please refer to the enclosed inspection report for additional observations and comments. If you have any questions, please call me at 296-4660. Sincerely, Keith Haynes Environmental Sr. Specialist Enclosure cc: Central Files Asheville Files S:\SWP\Transylvania\Wastewater\Industrial\Formerly Ecusta 00078\6.1.110EIletter.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa, NC 28778 NorthCaTOlina. Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 �atura!!� Internet:www.ncwaterguality.orQ United States Environmental Protection Agency EPAWashington,D.C.20460 Form Approved. /� OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 IJ 31 NC0000078 111 121 11/06/01 117 18) rl 191.cl 20U Remarks J 1=! 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------—------------Reserved-------------------- 67I 169 70) I 71I 1 72U 73I � �74 751 I I I I I I 180 Section B: Facility Data =-I L.0 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) Former Ecusta Mill 09:30 AM 11/06/01 09/10/01 One Ecusta Rd Exit Time/Date Permit Expiration Date Brevard NC 28712 10:45 AM 11/06/01 12/08/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Bernard Matthew Kelly/ORC/828-884-5544/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Bernie Kelly, //828-884-5544/ Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Flow Measurement E Facility Site Review 0 Effluent/Receiving Waters Section D: Summary of Find in /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 Keith Haynes ARO WQ//828-296-4500/ K. f,� Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Z71 J Roger C Edwards �` ARO WQ//826-296-4500/ /J EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type \' 1 �\3I NC0000078 I11 12I 11/06/01 I �� 18u Section D: Summary of Finding/Comments(Attach additional sheetsof narrative and checklists as necessary) After the"release"of about 0.6 million gallons from the north clarifier, there will be no further wastewater added to the system with the exception of landfill leachate. Thus, the facility should consider requesting a flow modification, to the NPDES permit, based solely on the leachate. It is also suggested that a request be submitted to remove quarterly toxicity testing as the facilty has not failed a test in over five years and is basically testing rain water. i Page# 2 Permit: NC0000078 Owner-Facility: Former Ecusta Mill Inspection Date: 06/01/2011 Inspection Type: Compliance Evaluation Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ ❑ Cl #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: It is suggested that the owner consider requesting flow modifications to the permit based solely on influent from the landfill leachate. Normally the only discharges occur during rainfalls. Additionally, removal of the toxicity testing requirement would be supported by this Office. Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? ■ ❑ 110 Is flow meter calibrated annually? ■ ❑ ❑ ❑ Is the flow meter operational? ■ ❑ 110 (If units are separated)Does the chart recorder match the flow meter? ■ ❑ ❑ ❑ Comment: There was no discharge at the time of this inspection. Page# 3 S._1 _ .. _._.._ ___.-__ - _. _-__.._-_ _ __.- ___-___ ..:_:. ______- /�.-,. _.. \� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Goleen H. Sullins Dee Freeman Governor Director Secretary June 15, 2011 George E Bingham Genie Products PO Box 1028 Rosman NC 28772 SUBJECT: Compliance Evaluation Inspection Genie Products Inc. Permit No: NCG550995 Transylvania County Dear Mr. Bingham: .Enclosed please find a copy of the Compliance Evaluation Inspection Report from the inspection which I conducted of your facility's wastewater treatment plant, on June 1, 2011. The facility was found to be in Compliance with permit NCG550995. Please refer to the enclosed inspection report for additional observations and comments. The assistance provided by Anthony Wood and Marty Shelton, during the inspection was greatly appreciated. If you have any questions, please do not hesitate to contact me at 828-296-4500. Sincerely, Keith Hay Environmental Sr. Specialist Enclosure cc: Central Files Asheville Files S:\SWP\Transylvania\Wastewater\General\NCG55 SFR\SFR's NCG55\GENIE\6.1.110EIletter.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NofthCaxolina Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 �atlil'altl�J Internet:www.ncwaterguality.org i United States Environmental Protection Agency Form Approved. E p/�f-/'1 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 INI 2 I5I 31 NCG550995 I11 12I 11/06/01 117 1a C 191sI 20I I 1— Remarks U J 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ------------------------Reserved--------------------- 67 I 169 70 U 71 IU 721 NJ 73' ' 174 751 I I I I I Li 80 Section B: Facility Data `—+-J Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Genie Products Acquisition Corporation 01:00 PM 11/06/01 07/08/30 283 old Rosman Hwy Exit Time/Date Permit Expiration Date Rosman NC 28772 01:30 PM 11/06/01 12/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Anthony Wood//828-862-4772 / Name,Address of Responsible Officialfritle/Phone and Fax Number Anthony Wood,PO Box 1028 Rosman NC 28772J/828-862-4772/ ContactedNo Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit N Operations&Maintenance N Facility Site Review 0 Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(ss//))���of Inspector(s) Agency/Office/Phone and Fax Numbers Date Keith Haynes ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date (� .d- Roger C Edwards-/�te ARO WQ//828-296-4500/ 1� !( EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3) NCG550995 11 12) 11/06/01 17 18UC Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Very well maintained system. Marty Shelton is doing an exceptional job of operating and maintaining the facility. Page# 2 I Permit: NOG550995 Owner-Facility: Genie Products Acquisition Corporation Inspection Date: 06/01/2011 Inspection Type: Compliance Evaluation Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS,MCRT, Settleable Solids,pH, DO,Sludge ❑ ❑ ■ ❑ Judge, and other that are applicable? Comment: The facility is being well maintained and operated. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ M ❑ Is the facility as described in the permit? M ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ❑ ■ ❑ Is access to the plant site restricted to the general public? ❑ ■ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Access shouldn't be an issue. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ ❑ ❑ Are the tablets the proper size and type? 0 ❑ ❑ ❑ Number of tubes in use? 2 Is the level of chlorine residual acceptable? ❑ ❑ ❑ ■ Is the contact chamber free of growth,or sludge buildup? ■ ❑ ❑ ❑ Is there chlorine residual prior to de-chlorination? ❑ ❑ ❑ 0 Comment: 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? ■ ❑ 110 Comment: Are the tablets the proper size and type? ■ ❑ ❑ ❑ Are tablet de-chlorinators operational? ■ ❑ ❑ ❑ Number of tubes in use? 2 Comment: Effluent Pipe Yes No NA NE Page# 3 Permit: NCG550995 Owner-Facility: Genie Products Acquisition Corporation Inspection Date: 06/01/2011 Inspection Type: Compliance Evaluation Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ 0 Q 0 Are the receiving water free of foam other than trace amounts and other debris? 0 ❑ ❑ ■ If effluent (diffuser pipes are required) are they operating properly? ❑ Cl ■ Q Comment: There was no discharge at the time of the inspection. Please make sure to keep the path to the outfall maintained. Page# 4 RMENR North Carolina Department of Environment and Natural Resources Division of Water Quality ,everly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 15, 2011 Pilot View Resource Conservation and Development Earl Sheppard 2714 Henning Drive Winston-Salem NC 27106 Subject: 401 Water Quality Certification -Approval Linville Restoration Project-Phase III DWQ Project# 05-1477V3 Avery County CT13 /Linville Rvr(and UT's)/ 11-29-(1)/C;Tr Dear Mr. Sheppard: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. ,pproval has been granted to place fill within or otherwise impact 0.18 acres of wetlands and 3,236 feet of streams and 3.49 acres of open waters for the purpose of restoration and enhancement at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3689. This Certification allows you to use Nationwide Permit 27 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control and Trout Buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-46001 FAX:828-299-70431 Customer Service:1-877-623-6748 NorthCa.rohna Internet:www.ncwaterquality.org Naft(rally An Equal Opportunity 1 Affirmative Action Employer Earl Sheppard-Linville River June 15,2011 Page 2 of 2 Amount Approved(Units) Plan Location or Reference Stream 3,236 (feet) S 1, S2, S3 404/CAMA Wetlands 0.18 (acres) W 1 \, Waters 3.49 (acres) 01, 02, 03 Additional Conditions 1. Post-project monitoring- Submit as-built plans to DWQ, Asheville regional Office along with reference photos. Cross sectional and longitudinal measurements of the relocated channels shall be conducted at the end of years one (1), three (3) and five (5) after project completion. Results shall be reported, along with photo documentation, to DWQ, Asheville regional Office. If the monitoring results indicate that structural modifications or repairs are needed, approval shall be sought from the DWQ prior to implementation. Vegetation assessments shall also be made and reported in accordance with this monitoring schedule. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Linda Wiggs in the Asheville Regional Office at 828-296-450. Sincerely, Coleen H. Sullins, Director CHS/Isw Enc: GC3689 Certificate of Completion cc: USACE Asheville Regulatory Field Office 401 Permitting Unit—Central Office File Copy Linville Resorts, Inc. PO Box 99 Linville NC 28646 Wildlands Engineering, Inc.-Matt Jenkins 1430 South Mint Street Suite 104 Charlotte,NC 28203 S:\SWP\Avery\401s\Non-DOT\Linville River V3\APRVL.LinvilleV3.June201 Ldoc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary June 15,2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED—70101870 0003 0874 6789 Mr. Lon Hensley 15 Country Place Park Candler,North Carolina 28715 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 NCO069957 Lon Hensley Laurelwood Mobile Home Park Case No. MV-2011-0036 Buncombe County Dear Mr. Hensley: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$207.00 ($140.00 civil penalty+ $67.00 enforcement costs) against Mr. Lon Hensley. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Mr. Lon Hensley for the month of December 2010. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0069957. The violations which occurred in December 2010 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Mr. Lon Hensley violated the terms, conditions or requirements of NPDES Permit NCO069957 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, 1, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Mr. Lon Hensley: None rthCarolina Natnallry SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 Phone:(828)296-4500\FAX:828 2997043\Customer Service: 1-877-623-6748 Internet:www.ncwaterauality.org $.00 For 0 of the 1 failures to properly monitor pH in violation of NPDES' , Permit No. NC0069957. 65.00 For 1 of the 1 failures to properly monitor TSS - Cone in violation of NPDES Permit No. NC0069957. $75.00 For 1 of the 1 failures to properly monitor ROD in violation of NPDES Permit No. NC0069957. $140.00 TOTAL CIVIL PENALTY $67.00 Enforcement Costs $207.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 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 complyingor failin to comply with programs over ( ) P � g PY p g which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) ' occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative „g and a stipulation and agreement that no factual or legal issues are in dispute. Please ,:pare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts” form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax)or electronic mail by an attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh,NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, t— • ZZ6"- Roge rdwards, Regional Supervisor , Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Asheville Files w/ attachments DWQ Central Files w/attachments Bob Guerra/DWQ Point Source w/attachments Goldie &Associates/ORC w/attachments ; L�•1''E3unC;mire`:�i-astcim.qCr'_�ti�uli 'L:;��rclwoi,cfMI If'b995TN9V..2011003(t,doc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: MV-2011-0036 County: Buncombe Assessed Party: Mr. Lon Hensley Permit No.: NC0069957 Amount Assessed: $207.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMi- AND NATURAL RESOURCES ' COUNTY OF BUNCOMBE �\ IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS MR. LON HENSLEY/LAURELWOOD MHP ) PERMIT NO. NCO069957 ) FILE NO. MV-2011-0036 Having been assessed civil penalties totaling $207.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 15, 2011, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE m 3 o #A � z O o 0 o Dr z O O o 3 =� z N N N mz O O O O OO su 41 O d O -IZ C O j Ul -4O U) c 0 0 0 -0m r C r m m m n D n CD m m -4 E: z r = o a o co n n o' 0 m O z o- 9 O a <D 2 O fD 7� D < m N N N p0 y Da c 0 0 o m0 r z N N N ;v x x x w m z < a D .� a O O W 09 n O mz C c G: z0 m GI c 3 3 c' c n D <n r1 c c� m� m p r` 20 m ';M M 0 z D M -n T -M - < a a a O c c c r� -4 fD -O S 5 S z 0 0 0 -a 0 > 0 m A74 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 15, 2011 Polk County Soil and Water District Sandra Reid #4 Annex Building Columbus,NC 28722 Subject: 401 Water Quality Certification -Approval UT White Oak Crk Streambank Stabilization DWQ Project# 11-0403 Polk County BrD /UT White Oak/9-29-46/C Dear Ms. Reid: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. .pproval has been granted to place fill within or otherwise impact 3,000 feet of streams for the purpose of streambank stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3689. This Certification allows you to use Nationwide Permit 13 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control and turbidity regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Stream 3,000 (feet) S 1 Location:2090 U.S.Highway 70,Swannanoa,Norfh Carolina 28778 One Phone:828-296-450M FAX:828-299-7043I Customer SeNice:1-877-623-6748 NorthCarohna Internet;www.ncwaterquality.org Natlaralllf An Equal Opportunity 1 Affirmative Action Employer Sandra Reid June 15,2011 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an ad judicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Linda Wiggs in the Asheville Regional Office at 828-296-4500. Sincerely, C�9v e. /_�A Coleen H. Sullins, Director CHS/lsw Enc: GC3689 Certificate of Completion cc: USACE Asheville Regulatory Field Office i 401 Permitting Unit—Central Office \' File Copy Altamont Environmental, Inc.-Joel Lenk 231 Haywood Street Asheville,NC 28801 S:\SWP\Polk\401s\Non-DOT\UT White Oak Crk\APRVL.UTWhiteOak.June201 Ldoc NCDE n \R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 16, 2011 Mr. Aubrey Lewis Deaver A& D Water Service Inc. P.O. Box 1407 Pisgah Forest, North Carolina 28768-1407 Subject: NOTICE OF VIOLATION NOV-2011-MV-0104 Permit No. NCO048658 Sherwood Forest WWTP Transylvania County Dear Mr. Deaver: A review of Sherwood Forest WWTP's monitoring report for December 2010 showed the following violation: Parameter Date Measuring Violation Frequency Ammonia Nitrogen 12/31/2010 Monthly Failure to Monitor Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation of Ammonia Nitrogen, it is not requested that a response be submitted: however, should you have additional information concerning the violations or comments which you wish to present,please submit them to the attention of Janet Cantwell. DMRs for Sherwood Forest do not have the minimum required 10 days between sampling for parameters requiring twice monthly sampling, such as BOD, TSS, Fecal and pH. Part 11,Section A.of your NPDES permit states: "2X/month"means samples are collected twice per month with a minimum of ten calendar days between sampling events. Please begin using the required protocol on future DMRs. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4600. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files Gary Norton/ORC S:\SWP\Transvlvania\WastewaterWlinors\Sherwood Forest 44784\NOV-2011-MV--0104 doC NonrthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.newaterauality.org FAX (828)299-7043 1-877-623-6748 \\ �, i KDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary June 16, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED—7010 1870 0003 0874 6796 Mr. Charles J. Salas, Asset Manager Reprop Financial Mortgage Investors LLC &Diversified Lending Group Inc. 4711 Viewridge Avenue Suite 270 San Diego, California 92123 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 NCO080098 Reprop Financial Mortgage Investors LLC & Diversified Lending Group Inc. Linville Falls Mountain Club and Preserve WWTP Case No. LV-2011-0166 McDowell County Dear Mr. Salas: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$417.00 ($350.00 civil penalty+ $67.00 enforcement costs) against Reprop Financial Mortgage Investors LLC and Diversified Lending Group Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Reprop Financial Mortgage Investors LLC and Diversified Lending Group Inc. for the month of December 2010. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0080098. The violations which occurred in December 2010 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Reprop Financial Mortgage Investors LLC and Diversified Lending Group Inc. violated the terms, conditions or requirements of NPDES Permit NCO080098 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 SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 - One Phone:(828)296-4500\FAX:828 2997043\Customer Service: 1-877-623-6748 NorthCarofina Internet:www.ncwatercuality.org NaturWt Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessma., against Reprop Financial Mortgage Investors LLC and Diversified Lending Group Inc.: 0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $.00 NC0080098, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for BOD - Cone. 0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $.00 NC0080098, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for TSS - Cone. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $100.00 NC0080098, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for BOD - Cone. 1 of the 1 violations of G.S. 143-215,1(a)(6) and NPDES Permit No. $250.00 NC0080098, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for NH3-N-Conc. $350.00 TOTAL CIVIL PENALTY $67.00 Enforcement Costs $417.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) --- --- ----------= days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax)or electronic mail by an attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7)business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919) 431-3000 Fax: (919)431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh,NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being 'l referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, - � Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Asheville Files w/attachments DWQ Central Files w/attachments Bob Guerra/DWQ Point Source w/attachments James & James Environmental/ORC w/ attachments ..4iA•P':�9ef'9oi'cl!'•. ' �lat alcrafinor,J IIIc Rid ct'oulILIv i I u h 200c dAl-201 i W'4:.doc � JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2011-0166 County: McDowell Assessed Party: Reprop Financial Mortgage Investors LLC & Diversified Lending Group Inc. Permit No.: NC0080098 Amount Assessed: $417.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 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 ENVIRONME. AND NATURAL RESOURCES COUNTY OF MCDOWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS REPROP FINALCIAL MORTGAGE INVESTORS LLC and DIVERSIFIED LENDING GROUP INC/ (LINVILLE FALLS / BLUE RIDGE CC) ) PERMIT NO. NCO080098 ) FILE NO. LV-2011-0166 Having been assessed civil penalties totaling $417.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 16, 2011, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty,must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE v a�i m }W F O U O m i5 Lx1i z N w O � m m d ¢ g m > X > 0 Z z z 5 .7 T t C T a Z O W W~ N. Ln N (n0 >2 on LO 0 ❑ W �W g= N oD to °O J Q U U s O 4! � r� O J V Q W J z Z¢ E E E E ui w U d � } Q -O 9 U C Z R N W W V -J J ui N N ?N N Q LL O LU ? W N N OW o 0 0 0 Q > > aQ M M co 5 w o- _o❑ rn A U !0 O U s s O f° o s LL U 0 U U Q LL W O O O d U U Z U ❑ ❑ M O a m m z F �1 z C C C C U UO w w w w U. J n J Qa �0. 0 0 0 0 _ O 0 O) U Z� 0 0 0 0 co C NL., 0a N N N N U O zu cq cq z 0 H O > +_+ o 0 4 0 Q o o o 0 a w N J a "' v, ��. ��:i `�, NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION June 16, 2011 Mr. Aaron Hamlin Wedgefield Acres Mobile Home Park 558 Pond Road Asheville, NC 28806 SUBJECT: Collection System Non Sampling Inspection Wedgefield Acres MHP WWTP Permit No: WQCSD0318 Buncombe County Dear Mr. Hamlin: Enclosed please find a copy of the Collection System Inspect Non Sampling Inspection form from the inspection conducted on May 10, 2011. The facility was found to be in compliance with permit WQCSD0318. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, l� Wanda P. Frazier Environmental Specialist Enclosure cc: James & James Env. Mgmt. - ORC contractor Central Files Asheville Files S:\SWP\Buncombe\Wastewater\Minors\Wedgefield Acres MHP 62634\WQCSD0318 CEI 5-10-11.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S. Highway 70,Swannanoa, NC 28778 NOrthCarol/ina Phone: 828-296-4500 Fax: 828-299-7043 Customer Service: 1-877-623-6748ittutQ![tJ Internet:www.newaterguality.org �J Compliance Inspection Report Permit: WQCSD0318 Effective: Expiration: Owner: Wedgefield Acres Mobile Home Park SOC: Effective: Expiration: Facility: Wedgefield Acres MHP WWTP County: Buncombe 45 Wedgefield PI Region: Asheville Asheville NC 28806 Contact Person: Aaron Hamlin Title: Phone:828-667-4560 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 05/10/2011 Entry Time: 11:00 AM Exit Time: 11:30 AM Primary Inspector: Wanda P Frazier Phone:828-296-4500 Ext.4662 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type:Collection System Inspect Non Sampling Permit Inspection Type: Deemed permitted collection system management and operation Facility Status: ■Compliant 0 Not Compliant Question Areas: Miscellaneous Questions Performance Standards Operation&Maint Reqmts Records ■Monitoring&Rpting Inspections Pump Station Lines Reqmts (See attachment summary) Page: 1 Permit:WQCSD0318 Owner-Facility:Wedgefield Acres Mobile Home Park Inspection Date: 05/10/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Inspection Summary: DEVELOPMENT: Residential mobile home park consisting of 58 lots, serving— 156 residents. Phases I, II and III were built in 1986, 1988 and 1999. There is a total of: —2050 linear feet of 6-inch PVC gravity sewer; — 100 feet of 2-inch force main; and one duplex pump station with 2 HP pumps. Notes: One(E1) pump was replaced in January 2011. Every lot has a clean-out. COLLECTION SYSTEM: W00016608 Phase III was permitted: 8-11-1999 Gravity Sewer Extension, Pump Station &Pressure Sewer Extension Consisting of: 1047 linear feet of 6-inch PVC gravity sewer;253 linear feet of 2-inch (schedule 40) PVC force main; pump station (#1)with duplex 2 HP (25.5 gpm) pumps; and portable generator. Flow: 4320 gpd (240 gpd/mobile home x 18 mobile homes) Tributary to: NCO062634 Wedgefield Acres MHP WWTP Engineer: David D. Smith, P.E. @ 46 Haywood Street; Suite 201;Asheville, NC 28801 Phone: 828-254-4448 Owner:Aaron Hamlin @ 588 Pond Rd;Asheville NC 28806 WASTEWATER TREATMENT PLANT: Location: Terrain Lane,Asheville Directions: The WWTP is located off of Terrain Lane near the intersection of NCSRs 3549 &3429 at the Wedgefield Acres MHP, southwest of Asheville. SYSTEM PERFORMANCE ANNUAL REPORT(SPAR): The 2010 System Performance Annual Report was received by the Division.on 3-1-2011. Page: 2 Permit:WQCSD0318 Owner-Facility:Wedgefield Acres Mobile Home Park Inspection Date: 05/10/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? ❑ 11 (l What educational tools are used? The lease strickly prohibits the disposal of FOGs in the collection system. Although there have been no FOG issues, door hangers or other means,should be used twice a year to remind the residents about the proper disposal of FOGs and satisfy the requirements of the deemed permitted regulations. Is Sewer Use Ordinance/Legal Authority available? Q fl Does it appear that the Sewer Use Ordinance is enforced? n Q ❑ Is Grease Trap Ordinance available? ❑ 0 E Is Septic Tank Ordinance available(as applicable, i.e.annexation) 0 (l E Q List enforcement actions by permittee,if any, in the last 12 months Has an acceptable Capital Improvement Plan(CIP)been implemented? I1 ❑ 0 0 Does CIP address short term needs and long term\"master planT concepts? ❑ ❑ N n Does CIP cover three to five year period? n n 0 Does CIP include Goal Statement? 0 Cl E 0 Does CIP include description of project area? 0 n 0 Q Does CIP include description of existing facilities? ❑ 0 n Does CIP include known deficiencies? 0 0 Q Does CIP include forecasted future needs? fl n n Is CIP designated only for wastewater collection and treatment? ❑ Q 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? ❑ n If no,describe type of bypass and location Is a 24-hour notification sign posted at ALL pump stations? Cl 0 #Does the sign include: Instructions for notification? 0 0 0 Pump station identifier? n Q 0 24-hour contact numbers ■ n n n Page: 3 Permit:WQCSD0318 Owner-Facility:Wedgefield Acres Mobile Home Park Inspection Date: 05/10/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine If no, list deficient pump stations #Do ALL pump stations have an"auto polling"feature/SCADA? n ■ n n Number of pump stations 1 Number of pump stations that have SCADA 0 Number of pump stations that have simple telemetry 0 Number of pump stations that have only audible and visual alarms 1 Number of pump stations that do not meet permit requirements 0 #Does the permittee have a root control program? n n ■ n #If yes, date implemented? Describe: Comment: Inspections Yes No NA NE Are maintenance records for sewer lines available? ■ n n n Are records available that document pump station inspections? ■ n n nj' Are SCADA or telemetry equipped pump stations inspected at least once a week? n n ■ n Are non-SCADA/telemetry equipped pump stations inspected every day? ■ n n n Are records available that document citizen complaints? ■ n n n #Do you have a system to conduct an annual observation of entire system? ■ n n n #Has there been an observation of remote areas in the last year? n n ■ n Are records available that document inspections of high-priority lines? n n ■ n Has there been visual inspections of high-priority lines in last six months? n n ■ n Comment: Records to document daily inspections are kept in the WVVfP log book. In addition, other records, work orders and receipts are on file at Hamlin Construction Company(by owner of MHP). Operation &Maintenance Requirements Yes No NA NE Are all log books available? ■ n n n Does supervisor review all log books on a regular basis? ■ n 00 Does the supervisor have plans to address documented short-term problem areas? n n ■ n What is the schedule for reviewing inspection, maintenance, &operations logs and problem areas? April&November Are maintenance records for equipment available? n n ■ n Page: 4 Permit:WQCSD0318 Owner-Facility:Wedgefield Acres Mobile Home Park Inspection Date: 0 511 0/2 0 1 1 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine Is a schedule maintained for testing emergency/standby equipment? ❑ n ■ Cl What is the schedule for testing emergency/standby equipment? Do pump station logs include: Inside and outside cleaning and debris removal? ■ n n n Inspecting and exercising all valves? n n ■ n Inspecting and lubricating pumps and other equipment? n n ■ o Inspecting alarms,telemetry and auxiliary equipment? ■ Cl n Is there at least one spare pump for each pump station w/o pump reliability? n ❑ ■ n Are maintenance records for right-of-ways available? ❑ n ■ Are right-of-ways currently accessible in the event of an emergency? n n ■ 0 Are system cleaning records available? n n ■ n Has at least 10%of system been cleaned annually? nn ■ n What areas are scheduled for cleaning in the next 12 months? Lines are cleaned as needed. The goal for cleaning in 2011 is 215 feet.The pumps are E1 pumps(with no seals)that require no maintenance. The E1 pumps have 3 working parts. There are no spare parts required. Is a Spill Response Action Plan available? ■ Does the plan include: 24-hour contact numbers ■ n n Response time ■ n n Equipment list and spare parts inventory ■ ❑ Cl n Access to cleaning equipment ■ n ❑ ❑ Access to construction crews,contractors, and/or engineers ■ n ❑ n Source of emergency funds ■ n Cl n Site sanitation and cleanup materials ■ ❑ n n Post-overflow/spill assessment ■ ❑ ❑ n Is a Spill Response Action Plan available for all personnel? ■ n n n Is the spare parts inventory adequate? ■ n n n Comment: Records Yes No NA NE Are adequate records of all SSOs,spills and complaints available? n n ■ n Are records of SSOs that are under the reportable threshold available? n n ■ Page: 5 Permit:WQCSD0318 Owner-Facility:Wedgefield Acres Mobile Home Park Inspection Date: 05/10/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Do spill records indicate repeated overflows(2 or more in 12 months)at same location? n Q ■ n If yes, is there a corrective action plan? n n ■ n Is a map of the system available? ■ ❑ ❑ n Does the map include: Pipe sizes ■ n n n Pipe materials ■ n n n Pipe location ■ n n n Flow direction ■ n n n Approximate pipe age ® n n n Number of service taps ■ 0 n n Pump stations and capacity ® n n n If no,what percent is complete? List any modifications and extensions that need to be added to the map #Does the permittee have a copy of their permit? ■ n n n Comment: This system is considered deemd permitted. A copy of the 2T rules is in the Spill Response Action Plan. Monitoring and Reporting Requirements Yes No NA NE Are copies of required press releases and distribution lists available? n n ■ n Are public notices and proof of publication available? ❑ ❑ ■ n #Is an annual report being prepared in accordance with G.S. 143-215.1 C? ■ n #Is permittee compliant with all compliance schedules in the permits? n n ■ If no,which one(s)? Comment: Page: 6 AFWA HCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality .;verly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 16, 2011 Mr. Brian Evers and Ms. Julianne Day Evers 201 Thornbird Ave. Hendersonville,NC 28792 Subject: 401 Water Quality Certification -Approval Evers Property DWQ Project# 11-0434 Henderson County FRB /UT King Creek/6-55-8-1-2-(2)/C Dear Mr. and Ms. Evers: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 125 feet of stream for the purpose of •eambank stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3687 and 3689. This Certification allows you to use Nationwide Permits 3 and 13 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should contact the City of Hendersonville to ensure compliance with the City's ordinances regarding buffers (ifyou have not done so already). No additional work should be conducted in the 30 foot stream buffer without express permission from the City of Hendersonville andlor Henderson County (this includes any removal of vegetation or any placement of impervious surfaces). This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Stream 125 (feet) Application, C.3. Location:2090 U.S,Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-450M FAX:828-299-70431 Customer Service:1-877-623-6748 NOl'C11Ca1 OhTla Internet:www.ncwaterquality.org Naturally An Equal Opportunity 1 Affirmative Action Employer Mr.and Ms.Evers June 16,2011 Page 2 of 2 Monitoring Requirement Photo-documentation of the streambank stabilization and further downstream (to include the buffer plantings) shall be conducted a minimum of once per year; the photo-documentation should be conducted at (1) from Thombird Avenue looking downstream and(2) from the small wooden bridge on your property looking downstream. These records should be kept on file at your home. Should visual observation indicate a lack of success of vegetation, replanting may be necessary(you may wish to contact the Asheville Regional Office should significant planting die-off occur, or should further erosion occur, to determine the best course of action). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Susan A. Wilson in the Asheville Regional Office at(828) 296-4665. Sincerely, Coleen H. Sullins, Director CHS/saw Enc: GC3689 and GC3687 Certification of Completion (for buffer planting) cc: USACE Asheville Regulatory Field Office, Tyler Crumbley 401 Permitting Unit—Central Office Henderson County Planning, Tim Fox City of Hendersonville, Susan Frady, City Zoning Administrator File Copy S:\SWP\Henderson\401s\Non-DOT\Evers 401 Thombird Ave\APRVL.Evers.6 201 Ldoc ATZ KKR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary DWQ Project No.: LW31 County: et'aa-S® Applicant: 6101-C7 Project Name: &&L,,-i V2.fl264=tr Date of Issuance of 401 Water Quality Certification: &A(It I, 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 this certificate to the 401/Wetlands Unit,North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh,NC,27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent,or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , 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 and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, ,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 and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e.,Engineer,Landscape Architect, Surveyor, etc.)in the.State of North Carolina,having been authorized to observe(periodically,weekly, full time) the construction of the project, for the Permitee 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 and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications, and other supporting materials. Signature: Registration No. Date k10 1650 Mail Service Center,Raleigh,North Carolina 27699-1650 b Location:512 N Salisbury St Floor 9 Raleigh North Carolina 27603 One Phone:919-807-63011 FAX:919-807-6494 NorthCaxohlla Internet:www.ncwaterquality.org a'���ct�N�j/� An Equal Opportunity 1 Affirmative Action Employer ��/ tt�` 1 AJ�A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary June 17, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED —7010 1870 0003 0874 6802 Mr. Mack W. Edmisten, Director, Public Utilities City of Lenoir P.O. Box 958 Lenoir,North Carolina 28645-0958 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 NCO023736 City of Lenoir Gunpowder Creek WWTP Case No. LV-2011-0168 Caldwell County Dear Mr. Edmisten: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$567.00 ($500.00 civil penalty+ $67.00 enforcement costs) against the City of Lenoir. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by the City of Lenoir for the month of December 2010. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0023736. The violations which occurred in December 2010 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the City of Lenoir violated the terms, conditions or requirements of NPDES Permit NCO023736 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against the City of Lenoir: None Carolina tllCally SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S. Highway 70,Swannanoa, NC 28778 Phone:(828)296-4500\FAX:828 2997043\Customer Service: 1-877-623-6748 Internet:www.ncwaterouality.org 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No: , $500.00 NC0023736, by discharging waste water into the waters of the State in violation of the Permit Weekly Geometric Mean limit for FEC COLL $500.00 TOTAL CIVIL PENALTY $67.00 Enforcement Costs $567.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: L Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In _,,ning whether a remission request will be approved,the following factors shall be .sidered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax)or electronic mail by an attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven(7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy-of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh,NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, /e��zc Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Asheville Files w/attachments DWQ Central Files w/attachments Bob Guerra/DWQ Point Source w/attachments S`;�;l�i',C'aftita�ll•,tN'�ostG��Stu`, -9ar��ci��r�i?lirt�i}�otcdei faeck�.� -E�:C.b'-2���11-Ci(li8.iite �-� JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2011-0168 County: Caldwell Assessed Party: City of Lenoir Permit No. : NC0023736 Amount Assessed: $567.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); ' (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONNIL_ AND NATURAL RESOURCES COUNTY OF CALDWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS CITY OF LENOIR/GUNPOWDER CREEK ) PERMIT NO. NCO023736 ) FILE NO. LV-2011-0168 Having been assessed civil penalties totaling$567.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 17, 2011, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ' ADDRESS TELEPHONE a w z O o m d O W t 0 a 0 3 w >'= o 2 0 j V e p w LU J J � U j tq J Q U F N � 3 -a �a U LW 07 0 Z ~Q o M LU O U co w 0 < L_ v Zo o z W m N D J > w 3 = J ir U O � LL o m 0 o t� m w Q D 4Q c Z Op V > Q U CL .�C d d L U 0 w 3 w 0 Q V C Q W a LL Z O U 0 w U. J J F0. 0 7 0 m c+� Jz w o N o U 00 cli c IL 0 oa N Z � � Ir ++ J z o a a V) J "' ... ......_......... . NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION June 17, 2011 Ms. Bertha S. Burnette 41 Dix Creek Road #1 Leicester, NC 28748 SUBJECT: Collection System Non Sampling Inspection Briarwood Subdivision Permit No: WQCSD0425 Buncombe County Dear Ms. Burnette: Enclosed please find a copy of the Collection System Non Sampling Inspection report from from the inspection conducted on May 10, 2011. The facility was found to be in compliance with permit WQCSD0425. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call meat 828-296-4662. Sincerely, 6�. ex�a� Wanda P. Frazier Environmental Specialist Enclosure cc: James & James Env. Mgmt— ORC contractor Central Files Asheville Files S:\SWP\Buncombe\Wastewater\Minors\Briarwood Subdivision 29882\WQCSD0425 CEI 5-10-11.doc SURFACE WATER PROTECTION-ASHEVILLE REGIONAL OFFICE Location: 2090 U.S.Highway 70,Swannanoa, NC 28778 NOnrthCarol/lna Phone: 828-296-4500 Fax: 828-299-7043 Customer Service: 1-877-623-6748 Naturally Internet:www.ncwatergualitV.ora / \\ �� 1 Compliance Inspection Report Permit: WQCSD0425 Effective: 12/19/08 Expiration: Owner: Bertha S Burnette SOC: Effective: Expiration: Facility: Briarwood WVVfP County: Buncombe 41 Dix Creek Rd Region: Asheville Leicester NC 28748 Contact Person: Bertha S Burnette Title: Phone:828-683-3791 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 05/10/2011 Entry Time: 11:30 AM Exit Time: 12:00 PM Primary Inspector: Wanda P Frazier Phone:828-296-4500 Secondary Inspector(s): Ext.4662 Reason for Inspection: Routine Inspection Type:Collection System Inspect Non Sampling Permit Inspection Type: Deemed permitted collection system management and operation Facility Status: ■ Compliant Q Not Compliant Question Areas: Miscellaneous Questions N Performance Standards Operation&Maint Reqmts Monitoring&Rpting Reqmts Inspections (See attachment summary) Page: 1 Permit:WQCSD0425 Owner-Facility: Bertha S Burnette Inspection Date: 05/10/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Inspection Summary: DEVELOPMENT: Consists of 12 residential homes, serving a population of 36 and one construction business. COLLECTION SYSTEM: There are no pump stations. There have been no Sanitary Sewer Overflows or spills. There have been no FOG (fats, oils and grease) issues. SYSTEM PERFORMANCE ANNUAL REPORT(SPAR): The 2010 System Performance Annual Report was received by the Division in March 2011. Page: 2 Permit:WQCSD0425 Owner-Facility: Bertha S Bumette Inspection Date: 05/10/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? n n ■ n What educational tools are used? Although there have been no FOG issues, door hangers or other means,should be used twice a year to remind the residents about the proper disposal of FOGs and satisfy the requirements of the deemed permitted regulations. Is Sewer Use Ordinance/Legal Authority available? n In ■ n Does it appear that the Sewer Use Ordinance is enforced? n n ■ n Is Grease Trap Ordinance available? n n ■ n Is Septic Tank Ordinance available(as applicable, i.e. annexation) n n ■ n List enforcement actions by permittee, if any, in the last 12 months Has an acceptable Capital Improvement Plan(CIP)been implemented? n n ■ n Does CIP address short term needs and long term\"master plan\"concepts? n n ■ Does CIP cover three to five year period? n n ■ n Does CIP include Goal Statement? n n ■ n Does CIP include description of project area? n n ■ n Does CIP include description of existing facilities? n n ■ n Does CIP include known deficiencies? n n ■ n Does CIP include forecasted future needs? n n ■ n Is CIP designated only for wastewater collection and treatment? n n ■ n 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? ■ n n n If no,describe type of bypass and location Is a 24-hour notification sign posted at ALL pump stations? In n ■ n #Does the sign include: Instructions for notification? n n ■ n Pump station identifier? nn ■ n 24-hour contact numbers n n ■ n Page: 3 Permit:WQCSD0425 Owner-Facility: Bertha S Bumette Inspection Date: 05/10/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine If no, list deficient pump stations #Do ALL pump stations have an"auto polling"feature/SCADA? n n ■ n Number of pump stations 0 Number of pump stations that have SCADA 0 Number of pump stations that have simple telemetry 0 Number of pump stations that have only audible and visual alarms 0 Number of pump stations that do not meet permit requirements 0 #Does the permittee have a root control program? n n ■ n #If yes,date implemented? Describe: Comment: Inspections Yes No NA NE Are maintenance records for sewer lines available? n n m n Are records available that document pump station inspections? n n ■ n Are SCADA or telemetry equipped pump stations inspected at least once a week? n n ■ n Are non-SCADA/telemetry equipped pump stations inspected every day? n n ■ n Are records available that document citizen complaints? n n ■ n #Do you have a system to conduct an annual observation of entire system? ■ n n n #Has there been an observation of remote areas in the last year? n n ■ n Are records available that document inspections of high-priority lines? ■ n n n Has there been visual inspections of high-priority lines in last six months? m n n n Comment: There is one high-priority aerial line which crosses the creek. Visual inspections are made daily by the ORC. Operation &Maintenance Requirements Yes No NA NE Are all log books available? ■ n n n Does supervisor review all log books on a regular basis? ■ n n n Does the supervisor have plans to address documented short-term problem areas? ■ n n n What is the schedule for reviewing inspection, maintenance,&operations logs and problem areas? A review of log books occurs twice a year in April and November. Records to document inspections of the aerial line(DIP)are kept in the WWTP log book. In addition,other records,work orders and receipts are on file at the owner's Construction business. Page: 4 Permit:WQCSD0425 Owner-Facility: Bertha S Bumette Inspection Date: 05/10/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Are maintenance records for equipment available? n n ■ Is a schedule maintained for testing emergency/standby equipment? n n ■ n What is the schedule for testing emergency/standby equipment? Do pump station logs include.- Inside and outside cleaning and debris removal? n n IN n Inspecting and exercising all valves? n n ■ n Inspecting and lubricating pumps and other equipment? n n ■ n Inspecting alarms,telemetry and auxiliary equipment? n n ■ o Is there at least one spare pump for each pump station w/o pump reliability? ❑ ❑ ■ n Are maintenance records for right-of-ways available? ❑ ❑ ■ Cl Are right-of-ways currently accessible in the event of an emergency? n n ■ n Are system cleaning records available? n n ■ n Has at least 10%of system been cleaned annually? n n ■ n What areas are scheduled for cleaning in the next 12 months? Lines are cleaned as needed. In addition,the owner has a jetter that will be used to clean 10%of the collection system in the next 12 months, as required by the permit. Is a Spill Response Action Plan available? ■ n n n Does the plan include: 24-hour contact numbers ■ n n n Response time ■ n n n Equipment list and spare parts inventory ■ n ❑ n Access to cleaning equipment ■ ❑ Cl n Access to construction crews,contractors, and/or engineers ■ n n n Source of emergency funds ■ ❑ n n Site sanitation and cleanup materials ■ n n n Post-overflow/spill assessment ■ n n n Is a Spill Response Action Plan available for all personnel? ■ n n n Is the spare parts inventory adequate? ■ n n n Comment: Monitoring and Reporting Requirements Yes No NA NE Are copies of required press releases and distribution lists available? ❑ ❑ ■ n Page: 5 Permit:WQCSD0425 Owner-Facility: Bertha S Bumette Inspection Date: 05/10/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine \ Are public notices and proof of publication available? n ❑ ■ o #Is an annual report being prepared in accordance with G.S. 143-215.1C? ■ Q 0 0 #Is permittee compliant with all compliance schedules in the permits? ❑ ❑ ■ n If no,which one(s)? There have been no Sanitary Sewer Overflows or spills. Comment: Page: 6 ��� .,�.,.�,. Ir NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary June 20, 2011 Joe Collins Town of Franklin 188 W Main St Franklin NC 28734 SUBJECT: Bioassay Compliance Inspection Franklin WWTP Permit No: NCO021547 Macon County Dear Mr. Collins: Enclosed please find a copy of the Bioassay Compliance Inspection conducted on June 7, 2011. Test results indicate that that the effluent would not be predicted to have water quality impacts on receiving water. The facility was found to be in Compliance with permit NC0021547. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Jeff Menzel Environmental Specialist Enclosure cc: Wayne Medford Price, ORC Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NOrthCarolina Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 �atura!!t� Internet:www.ncwatercivality.oro S:\SWP\Macon\Wastewater\Municipal\Franklin WWTP 2154ABCI 2011.doc United States Environmental Protection Agency Form Approved. CPA n Ar/� 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 3I NCO021547 Ill 121 11/06/07 ( 17 181 R1 191.cl 201 I 1- lJ Remarks 1.J U 1_ 211IIIIII1III11111IIII1II111III11JI1II111IIIII11_ Ill Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ------ -----------------Reserved--------------------- 67 I 169 70I 3' 71 U 72 L N I 73�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 11/06/07 07/12/01 Franklin WWTP Sierra Dr Exit Time/Date Permit Expiration Date Franklin NC 28734 09:30 AM 11/06/07 12/11/30 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Wayne Medford Price/ORC/828-524-4492/ Name,Address of Responsible Official/Title/Phone and Fax Number Joe Collins,188 W Main St Franklin NC Contacted 28734/Mayor/828-524-2516/8285244540 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) 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 ) Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO WQ//828-296-4500/ Signature of Managem nt eviewer P Agency/Office/Phone and Fax Numbers Date EPA Form 3 8'0--3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont. 3I NCO021547 I11 12' 11/Ob/07 ' 17 18'_' Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The aquatic toxicity test using composite samples of effluent discharged from Franklin WWTP has been completed. Franklin WWTP has an effluent discharge permitted that is 1.65 million gallons per day (MGD) entering the Little Tennessee River(7Q10 of 157 CFS). Whole effluent samples were collected on June 7 and June 9 for use in a chronic Ceriodaphnia dubia pass-fail toxicity test. The test using these samples resulted in a pass. Test results indicate that the effluent would not be predicted to have water quality impacts on receiving water. These samples were split and sent to Environmental Testing Solutions, in Asheville, NC. The toxicity test run by ETS also resulted in a pass. Page# 2 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality .;verly Eaves Perdue Coleen H, Sullins Governor Director Dee Freeman Secretary June 21, 2011 John Caldwell 309 Carolina Club Drive Spartanburg, SC 29306 Subject: 401 Water Quality Certification -Approval John Caldwell DWQ Project# 11-0526 Rutherford County BRDO1 /Broad River(Lake Lure)/9-(17)/B; Tr Dear Mr. Caldwell: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. )proval has been granted to place fill within or otherwise impact 0.003 acres of open waters above normal pool and 0.005 acres of open waters below normal pool for the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control and trout buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 NOrthCarOhna Internet:www.ncwaterquality.org Nlltlmallly An Equal Opportunity 1 Affirmative Action Employer John Caldwell June 21,2011 Page 2 of 2 Amount Approved (Units) Plan Location or Reference Waters 0.003 (acres) above normal pool Landscaping Plan 0.005 (acres) below normal pool �. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Chuck Cranford in the Asheville Regional Office at 828-296-4664. Sincerely, ` . z Coleen H. Sullins, Director CHS1cbc Enc: GC3693 �- Certificate of Completion cc: USACE Asheville Regulatory Field Office 401 Permitting Unit—Central Office File Copy Clint Calhoun—Town of Lake Lure S:\SWP\Rutherford\401s\Non-DOT\John Caldwell\APRVL.6.16.1 Ldoc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality ,overly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 22,2011 Jennings B.Coram Wildflower Creek,LLC. Post Office Box 35 Scaly Mountain,North Carolina 28775 Subject: 401 Water Quality Certification-Approval JB Coram Motor Coach Lodge DWQ Project# 11-0327 Macon County LTNO1 /Middle Creek/2-8/Class C,Tr Dear Mr. Coram: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 0.34 acres of wetlands for the purpose of RV resort development at the subject property.This approval requires you to follow the conditions listed in the attached --�ertifiication and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3821. This Certification allows you to use Nationwide Permit 39 when issued by the US Army Corps of Engineers(USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to)Erosion and Sediment Control and stormwater regulations. This approval is for the purpose and design that you described in your application. If you change your project,you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference 404/CAMA Wetlands 0.27 (acres) C. 2a. W 1 404/LAMA Wetlands 0.02 (acres) C. 2a. W2 404/LAMA Wetlands 0.05 (acres) C. 2a. W3 '�DITIONAL CONDITIONS Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296A5001 FAX:828-299-7043 V Customer Service:1-877-623-6748 r Internet;www.ncwaterquality,org NorthCarolina Naturally An Equal Opportunity 1 Affirmative Action Employer Jennings B.Coram June 22,2011 Page 2 of 2 1. Implementation of wetland restoration shall begin within 30 days of issuance of this document. 2. Notification of construction shall occur via phone call to Kevin Barnett at 828-296-4657 72 hours prior to \ construction. 3. Diffuse Flow(No Review) All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate before discharging into a stream. 4. Turbidity Standard The turbidity standard of 10 NTUs(Nephelometric Turbidity Units)shall not be exceeded as described in 15 A NCAC 213. .0200. Appropriate sediment and erosion control practices must be used to meet this standard. 5. Trout Moratorium The stream is a Class C Trout Waters. In order to protect downstream uses for Class C Trout Waters a requirement of this Certification is that any additional work conducted within the stream may not occur between the dates of October 15 through April 15. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), r- you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for ate' hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at 828-296-4657. Sincerely, Coleen H. Sullins, Director CHS/xxx Enc: GC3 821 Certificate of Completion cc: USACE Asheville Regulatory Field Office Dave McHenry,NC Wildlife Commission 401 Permitting Unit—Central Office File Copy S:\SWP\Macon\401s\Non-DOT\JBCoramMotorCoachResort\JBCoram.Appvl.06.21.2011.doc' �' Oa61� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary Surface Water Protection Section June 22, 2011 Ken & Sharon Hollifield Rock House Creek Properties 124 Ray Wiseman Road Spruce Pine, NC 28777 Charles Wiseman Rock House Creek Properties 968 West. Blvd. Hartford, Conneticutt 06105 Subject: Grassy Creek Shopping Center Private Collection System Repairs Mitchell County Dear Owners: According to our records, Mr. Allen Hughes, Environmental Health Supervisor, Toe River Health District, reported the discharge of sewage from your private collection system. The incident, was reported on 3-9-11, and occurred as a result of flooding in the creek and a piece of wood separating the 4-inch pvc sewer pipe, which caused the discharge of sewage into Grassy Creek. It is our understanding that repairs were made using schedule 40 PVC pipe. The private sewer collection system that serves the Grassy Creek Shopping Center with sewer connections from: KB's Bar-B-Que, Subway Restaurant, Grassy Creek Hardware, McKinney Computers and one private residence, does not meet 15A NCAC 02T .0305 and 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria (adopted February 12, 1996) and the Division's minimum design criteria for collection systems. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna Phone:828-2964500\FAX:828-299-7043\Customer Service:1-877-623-6748 Internet: www.ncwaterquai4.org Xdurallff An Equal Opportunity\.Affirmative Action Employer Grassy Creek Shopping Center June 22, 2011 Page 2 of 2 This system was installed many years ago, however, any time the collection system is damaged, the repairs and replacement must meet the current minimum design criteria and regulations. In order to meet the minimum design criteria for sewer collection systems, the exposed part of the collection system must be constructed of ferrous pipe (ductile iron, steel, etc.). Currently, the exposed section of pipe in the creek does NOT meet these standards and will need to be replaced using ferrous pipe materials. In addition, piers must be designed and installed to support the collection lines. Loose rock placed by hand will not support, nor keep the collection line from shifting, and will eventually result in the failure of the collection system. The system appears to be functional at this time. However, whenever leaks, damages and failures occur, it must be redesigned and replaced according to engineering standards and minimum design regulations When heavy rains or flooding occur in the future, the PVC line will be damaged. At that time, you will need to be prepared to make corrections in accordance with minimum design standards. You will need to contact a North Carolina-licensed Professional Engineer to submit a Fast-track Collection System application to the Division, in preparation of that event.. If the engineer anticipates that work will cause the stream to be disturbed or if digging in the stream is required, then a 404 certification from US Army Corps of Engineers and a 401 certification from the Division will be needed. DOT appears to be viewing this as an illegal encroachment. Please have your engineer contact DOT, as well. Please feel free to contact Wanda Frazier of the Asheville Regional Office at 828-296- 4662, should you have questions regarding this matter. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: Allen Hughes, Toe River District Health Department Central Files Asheville Files FWA RCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary June 23, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7010 1870 0003 0874 6819 Michael Otto Hesselbirg 397 Sunny Lane Franklin,North Carolina 28734 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Hesselbirg Property NOV-2011-SS-0025 Stream Standard Violation- Other Waste (In-stream sediment) Macon County Response deadline: July 15,2011 Dear Mr. Hesselbirg: On June 3, 2011, Kevin Barnett from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection for your property at 397 Sunny Lane in Macon County County. Matt Mason with the County Erosion Control program was also in attendance. Stream standard violations were noted during the inspection and file review. Sediment impacts to an un-named tributary to North Fork Coweeta Creek(Class B) were documented. As a result of the site inspection and file review,the following violations were identified: VIOLATIONS SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 f fly+ // Internet: www.ncwaterqual4.org ;Vatu all y An Equal Opportunity 1 Affirmative Action Employer Michael Otto Hesselbirg June 23,2011 Page 2 of 3 I. Stream Standard Violation - Other Waste(In-stream sediment) 15A NCAC 02B .0211 (3)f—an undetermined length of an un-named tributary to North Fork Coweeta Creek (Class B) was impacted by sediment deposition measured to be at least 3 inches in depth throughout the stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f). REQUIRED RESPONSE The DWQ requests that you respond by July 15,2011. Your response should be sent to the attention of Kevin Barnett, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and should address the following items: 1. Stream Standard - Other Waste (In-Stream Sediment) a. Please provide a map of the project area. The map must include all streams and wetlands, detailing impacts both on- and off-site. b. Please submit a Sediment Removal Plan(Plan)to this office for review and approval. The Plan must address removal of accumulated sediment from all surface waters. You must secure an environmental consultant experienced in stream restoration to assist you with developing your Plan, and obtaining any necessary approvals. It is recommended that your consultant contact Kevin Barnett of the Asheville Regional Office for additional guidance during Plan development. The Plan should include: • A narrative explaining how sediment will be removed; including, techniques, manpower and tools to be used. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. • A diagram of the stream channel, referenced with photo documentation of sediment impacts before and after removal. • A narrative explaining how and where the removed sediment will be disposed and stabilized. • Please explain how turbidity standards will not be exceeded. c. Once the work is complete, a final report documenting the results of the sediment removal activities should be submitted to Kevin Barnett. _,ank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters,please contact Kevin Barnett at(828) 296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office cc: NPS Assistance and Compliance Oversight Unit ARO File Copy Macon County Planning S:\SWP\Macon\Complaints\Hesselbirg\NOV201 I SS0025.Hesselbirg.06-23-2011.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 23, 2011 A. B. Matthews,Town Manager Town of Canton 58 Park Street Canton, N.C. 28716 Subject: Permit No, WQ0035423 Town of Canton Haywood County Bridge 419 Wastewater Collection System Haywood County Dear Mr. Matthews: In accordance with your application received June 16, 2011, we are forwarding herewith Permit No. WQ0035423, dated June 23, 2011, to the Town of Canton 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 Jeff Menzel or Don Price a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 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 2877§ Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service enter Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Town of Canton June 23, 2011 Pa. In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Town of Canton for the construction and operation of approximately 365 linear feet of 10- inch HDPE force main and 174 linear feet of 8-inch D.I. force main as part of the Haywood County Bridge 419 project, and the discharge of collected domestic wastewater into the Blue Ridge Paper Products existing sewerage system, pursuant to the application received June 16, 2011 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit; The sewage and wastewater collected by this system shall be treated in the Blue Ridge Paper Products Wastewater Treatment Facility (Permit No. NC0000272) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Jeff Menzel or Don Price at (828) 296-4500. Sincerely, for oleen H. Sullins, Director Division of Water Quality cc: Haywood County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0000272) William H. Dixon, P.E./Municipal Engineering Services Co. Blue Ridge Paper Products WWTP Surface Water Protection Section Central Files PERCS Files S:1SWP1HaywoodlCollection Systems\Canton Collection System1WQ0035423 Haywood County Bridge 410 06 23 2011.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. 1 PERMIT NO W00035423 Town of Canton, Haywood County Bridge 419 Haywood County June 23. , 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 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water guality 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 T NO. W00035423 Town of Canton Haywood County Bridge 419 Haywood County June 23. 2011 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 23t" day of June, 2011 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Co en H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0035423 3 PERMIT NO W00035423, Town of Canton, Haywood County Bridge 419 Haywood County June 23; ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: \ permission is hereby granted to the Town of Canton for the construction and operation of approximately 365 linear feet of 10-inch HDPE force main and 174 linear feet of 8-inch D.I, force main as part of the Haywood County Bridge 419 project, and the discharge of collected domestic wastewater into the Blue Ridge Paper Products existing sewerage system, Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s)or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division: ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having 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. KA W'if A, NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 23,2011 Rutherford County DWQ Project 20110517 NCSR 1735 (Briar Creek Road) Approval of 401 Water Quality Certification with Additional Conditions Mr.J. J. Swain,Jr., P.E. Division 13 Engineer North Carolina Department of Transportation Post Office Box3279 Asheville, North Carolina,28802 Dear Mr. Swain: You have our approval, in accordance with the conditions listed below, for the following impacts in four(4)unnamed tributaries to Brier Creek for the purpose of making improvements to NCSR 1735 (Briar Creek Road) in Rutherford County: Stream Impacts in the Broad River Basin Site Permanent Fill Temporary Permanent Temporary Total Stream in Intermittent Impacts in Fill in Impacts in Stream Impacts Stream (linear Intermittent Perennial Perennial Impact Requiring ft) Stream Stream Stream (linear ft) Mitigation (linear ft) (linear ft) (linear ft) (linear ft Site 1 0 0 20 50 70 0 Site 2 0 0 18 50 68 0 Site 3 0 0 24 60 84 0 Site 4 0 0 1 10 60 70 0 Total 0 0 1 72 1 220 1 292 1 0 Total Permanent Stream Impacts for Project: 72 lin. ft. Total Temporary Stream Impacts for Project: 220 linear ft. The project should be constructed in accordance with your application dated May 25, 2011 (received May 31, 2011), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3820, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One cation:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Nof>f1Carolina one:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org Naturally Equal Opportunity 1 Affirmative Action Employer Mr.J. J. Swain,Jr., P.E. June 23,2011 Page Two This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre, or if total impacts to streams(now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control( Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. For projects impacting waters classified by the NC Environmental Management Commission as Trout Jr), High Quality Waters (HQW), or Water Supply I or II (WSI, WSII) stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pretreating storm water runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. 5. Unless otherwise approved in this certification,placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches,to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks,adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or.not a permit modification will be required. vain,Jr., P.E. ,,2011 oe Three 6. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 8. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 9. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 10. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 11. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 12. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 13. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 14. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants,hydraulic fluids, or other toxic materials. 15. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 17. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 18. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 19. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 20. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 21. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 22. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 23. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. Mr. J. J. Swain,Jr., P.E. June 23,2011 Page Four 24. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 25. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 26. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. l 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, 71111z"�J-dz oleen H. Sullins, Director Division of Water Quality cc: Lori Beckwith, USACE, Asheville Field Office Roger Bryan, Division 13, DEO Ed Ingle, Roadside Environmental Dave McHenry,NCWRC Transportation Permitting Unit Asheville Regional Office 110517(Swain)NCSR 1735 Briar Creek Road '0 ��� �A NCDETR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 24, 2011 Dr. Jeff Church, Assistant Superintendent Caldwell County Schools 1914 Hickory Blvd. SW Lenoir, N.C. 28645 Subject: Technical Assistance Caldwell County Schools NPDES Permit No. NCO030783 Baton Ele. NPDES Permit No. NCO041181 Happy Valley Ele. NPDES Permit No. NCO041190 Kings Creek Ele. NPDES Permit No. NCO041220 Oak Hill Ele. NPDES Permit No. NCO041157 Gateway Alt. Sch. Caldwell County Dear Dr. Church: I conducted a technical assistance visit(s) of the Septic Tank/Sand Filter System(s) that serve the -- Following-s_ch.00ls:_Baton Elementary,--Happy Valley Elementary, Kings Creek Elementary, Oak Hill - Elementary and Gateway Alternative school on May 11, 2011. The assistance and cooperation of yourself, along with ORC, Doug Lee, and Caldwell County Schools Maintenance Supervisor, Mr. Sid West in conducting the Technical Assistance visit(s) was greatly appreciated. The purpose of this Technical Assistance was to assist in determining the reasons for and to assist in finding solutions to Ammonia-Nitrogen limits violations occurring at the Baton Elementary School system. A report is attached for your records and findings are summarized. Site/System Review Baton Elementary facility data was analyzed and a "Trend" chart developed (attached). Results indicate that Ammonia exceedances began to occur around the same time as Septic Tank pumping events took place in November 2009 and March of 2011. The other four septic tank/sand filter systems serving Happy Valley, Kings Creek, Oak Hill, and Gateway were visited at this time. No indications were observed to indicate these systems are not operating in a compliant manner. Suggestions/Recommendations It is suggested on site samples of sand filter effluent prior to disinfection be collected, and 'test strips' for Ammonia-Nitrogen be used to indicate the Ammonia concentration. Then based upon Ammonia- Nitrogen concentration level observed, that alkalinity supplement(s) with lime and sodium bi-carbonate be added to increase the level of alkalinity in the system. Also, the septic tank and pump tank contents should be measured with a "sludge judge" to indicate the solids accumulation, and tank pumping take place when the sludge accumulation equals about a third (1/3) of the tank's depth. For example, a 5 foot deep tank should be pumped when sludge accumulation equals 18 inches to 2 feet. North Carolina Division of Water Quality,Asheville Regional Office Location:2090 U.S.Hwy.70,Swannanoa,North Carolina 27107 One Phone:828-296-45001 FAX:828-299-Z0431 Customer Service:1-877-623-6748 NorthCarolin.a Internet:www.ncwaterquafity.org �^}���N�//_ An Equal Opportunity 1 Affirmative Action Employer ��/ [ 11 Caldwell County Schools Permit Vs NC0030783,NC0041181, NC0041190,NC0041220,&NC0041157 TA,Page 2 of 2 The effluent pump tank at Baton Elementary should be reviewed for installation of a Cartridge type filter prior to disinfection. This may help reduce the level of Ammonia-Nitrogen in the discharge. Other ideas discussed at the time of the Technical Assistance included the School Maintenance staff reviewing the option of 'tying' into the collection system for the Town of Cajah's Mountain. This alternative would involve the permitting and installation of a sewer line extension and possible lift station. A 'Technical Paper' from 'Small Flows Clearinghouse regarding operation, maintenance, and trouble-shooting Septic Tank/Sand Filter system(s) is included with this report for your review and use. If there are questions or additional information is needed regarding system operation, maintenance, or an NPDES permit question, please let me know. Thank you for the opportunity to conduct this Technical Assistance. Sincerely, Donald R. Price, CET Waste Water Treatment Plant Consultant Asheville Regional Office Division of Water Quality ----Attachments.-- --- - - - ---------- --- CC: ARO - SWP TACU Unit— Raleigh Toby Lee, ORC Caldwell County Schools Sid West, Maintenance Supervisor— Caldwell County Schools S:\SWP\Caldwell\Wastewater\Minors\Baton Elementary 30783\Caldwell County School ST SF System TA ILtr doc oz m Oz Cl) Oz m c m m v m m go mS3mc o w 2 c 3 3 0 3 w w m m m m N m � ?M m m m m c'p n�M Z 11 m m m a, CD ��Z ?� 7. � : i i � s o00000000000000000000000 O O O O O O O O O OOO coOfO c0070 co O c0 c0 co(D 00 00 00 00 Co 0000 M 00 Co OD co m z 3 0 o ro rTCvvaO W .A U7 W 'O �O W ON WOOONO-+NO-� -�OONOO -� N W fh citZ d Z 3 N :N ra-4 Oo i, 40 N .A. v0O W Ui CD CA 0)000 Ui 00 -4 AO OO ONO WCO U7 -4 V.A-' o 3 y» 7 _ m m � m m O O O o N N N 3 0 0 0 Z 0 w 3 y 3 o Concentration-mg/L g � o cn o cn o cNi, o cWii y 0 x Janua 08 3 March-08 May-08 July-08 ,AR '; Z z X gg September-08 r4 �% (0 � o _ -- November-0 > January-09 �� rn 3 o o _ a; March-09 M. r r May-09 yw OwCD o i July-09 � IDs September-09 o .. November-09 r �"3 x w January-10 m m n March-10 ? May-10 r� o i July-10 < September-10 November-10 January-11 P r March-11 ° 0�Zo w 3 0 °' 00 0 m LZw � United States Environmental Protection Agency Form Approved. PA Washington,Q.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 LI 2 I cl 31 N00030783 Ill 121 11/05/11 117 181 r,1 191..I 201 1— t-J Remarks tJ tJ 211111 Jill 11II Jill IIII IIII [ Ili IIII I I I I I I I I I I I I 1 1 166 Inspection Work Days Facility Self-Monitoring Evaluation Rating 81 QA ----------—--------------Reserved---------------------- 67I 169 701 3 71 LI 72I NI 73L_U 74 751 I I I I I 1180 +—� 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 11/05/11 10/03/01 Baton Elementary School 1400 Baton School Rd Exit Time/Date Permit Expiration Date Granite Falls NC 28630 09:45 AM 11/05/11 15/02/28 Name(s)of Onsite Representative(s)lTitles(s)/Phone and Fax Number(s) Other Facility Data Douglas Hill Lee/ORC/828-396-4444/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Jeff Church,1914 Hickory Blvd Lenoir NC 28645//828-728-8407/8287280 Not Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Operations&Maintenance N Self-Monitoring Program N Facility Site Review Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature((ss/)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Don Price a,,_ ARO WQ//828-296-4500/ Z ?'fie/ Signature of Managemep�Q A Reviewer Agency/Office/Phone and Fax Numbers Dat EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3I 11 12 17 18,_' NCO030783 1 � 11/05/11 I Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) This 'Technical Assistance'was completed at the request of Dr. Jeff Church, Ass't. Sup't., with Caldwell County Schools. Baton has been experiencing difficulty in meeting Ammonia-Nitrogen limits in NPDES permit NC0030783. Several suggestions were offered to address Ammonia-Nitrogen exceedances.The suggestions are as follows: (1) Begin addition of'Lime' and 'Sodium Bi-carbonate' to Septic Tank to increase alkalinity in Septic Tank; (2)Add 'Sodium Bi-carbonate' to the'Pump-Tank' prior to discharge to receiving stream to increase alkalinity also; (3) Install cartridge type filter in effluent pump tank prior to disinfection to aid in operation and maintenance of pumps and disinfection equipment; and (4) investigate options of tying into Collection System of Cajah's Mtn. to eliminate the discharge. This office will assist in any way we can to get facility back into compliance and maintain that situation. If there are questions regarding this report, or you need additional information regarding Septic Tank/Sand Filter operation, please let Don Price know at (828)296-4500. Page# 2 Permit: NCO030783 Owner-Facility: Baton Elementary School ,pection Date: 05/11/2011 inspection Type: Technical Assistance Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ! 0 Q Q Does the facility analyze process control parameters,for ex:MLSS,MCRT,Settleable Solids,pH, DO,Sludge ❑ ❑ ■ 0 Judge,and other that are applicable? Comment: Septic Tank Yes No NA NE (If pumps are used)Is an audible and visual alarm operational? e ❑ C! Q Is septic tank pumped on a schedule? N ❑ Q 0 Are pumps or syphons operating properly? M Q Q 0 Are high and low water alarms operating properly? 00110 Comment: Septic Tanks should only be pumped when the solids content reaches about 1/3 of the total tank depth. For example, a 6-foot deep tank should have solids pumped when their level reaches 2 feet. Sand Filters (Low rate) Yes No NA NE (if pumps are used)Is an audible and visible alarm Present and operational? 0 ❑ Is the distribution box level and watertight? N 0 Q ❑ Is sand filter free of ponding? 0 n ® n Is the sand filter effluent re-circulated at a valid ratio? ❑ 0 ® Q #Is the sand filter surface free of algae or excessive vegetation? ❑ ❑ ® n #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) Q O ® 0 Comment: The sand-filter used at this facility is'buried underground',so visual inspection cannot be accomplished. Page# 3 ,� f _ \- �_ ,�-�� United States Environmental Protection Agency Form Approved. `PA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Re ort Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 I5� 31 N00041181 111 121 11/05/1, 117 18Ini 19u 201 '_' Remarks J U !J 211111IIII Jill Jill IIIII1II Jill III IIIIIIIIIIIIIII16 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved--------------------- 67) 169 701 31 71 U 72 LI 73L-+—�I 174 751 I I I I I I 1 80 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:05 AM 11/05/11 08/11/01 Happy Valley Elementary School 1350 Yadkin River Rd Exit Time/Date Permit Expiration Date Lenoir NC 28645 10:35 AM 11/05/11 13/10/31 Name(s)of Onsite Representative(s)/Tities(s)/Phone and Fax Number(s) Other Facility Data Douglas Hill Lee/ORC/828-396-4444/ Name,Address of Responsible OfficiallTitle/Rhone and Fax Number Contacted Jeff Church,1914 Hickory Blvd Lenoir NC 28645//828-728-8407/8287280 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Operations&Maintenance E Self-Monitoring Program E Facility Site Review Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Don Price � ` ARO WQ//828-296-4500/ Signature of Mana em 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 11 12 17 18 NCO041181 II 11/05/11 IDI `\ Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Technical Assistance conducted in conjunction with Baton Ele. (May 11, 2011). Facility was well operated at time of TA with no odors or visible discharge. Suggestions are to monitor Septic Tank solids accumulation and pump when solids accumulate to a 1/3 of the level of the tank, keep the sand filter raked and remove any accumulated debris or scum. r Page# 2 Permit: NCO041181 Owner-Facility: Happy Valley Elementary School spection Date: 05/11/2011 Inspection Type: Technical Assistance Yes No NA NE Operations&Maintenance Is the plant generally clean with acceptable housekeeping? 0 ❑ 0 ❑ Does the facility analyze process control parameters,for ex:MLSS, MCRT, Settleable Solids, pH, DO,Sludge ■ ❑ ❑ ❑ Judge,and other that are applicable? Comment: Septic Tank Yes No NA NE (If pumps are used)Is an audible and visual alarm operational? M ❑ ❑ ❑ Is septic tank pumped on a schedule? 0 ❑ ❑ ❑ Are pumps or syphons operating properly? 0 ❑ ❑ Cl Are high and low water alarms operating properly? ❑ ❑ ❑ Comment: Sand Filters (Low rate) Yes No NA NE (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? ® ❑ ❑ Cl 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) ® ❑ ❑ ❑ Comment: Page# 3 __ /__, -i' i �,.;; __._ United States Environmental Protection Agency Form Approved. ,zP A Washington,D.C.20460 OMB No.2040-0057 r/� 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 IcI 31 NCO041190 ' 11 121 11/05/11 117 18)D' 19u 201 ' LJ L Remarks IJ 211111111111111111111111111111111111111111111111 .16 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------—------------Reserved---------------------- 671 1 69 70( 31 71 U 721 NJ 73�74 751 I I I I I I 1 80 — Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDDES permit Number) 10:50 AM 11/05/11 08/11/01 Kings Creek Elementary School 3680 Wilkesboro Blvd Exit Time/Date Permit Expiration Date Lenoir NC 28645 11:15 AM 11/05/11 13/10/31 Name(s)of Onsite Representative(s)/fitles(s)/Phone and Fax Number(s) Other Facility Data Douglas Hill Lee/ORC/828-396-4444/ Name,Address of Responsible Official/Title/Phone and Fax Number Jeff Church,1914 Hickory Blvd Lenoir NC 28645//828-728-8407/8287280012ted No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Operations&Maintenance N Self-Monitoring Program N Facility Site Review Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Don Price 'PC— � ARO WQ//828-296-4500/ Signature of Management RevieWg— Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPIDES yr/mo/day Inspection Type 3� NCO041190 '�� 12I 11/05/11 I17 18'_I Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Technical Assistance conducted in conjunction with Baton Ele. Suggested facility staff monitor sludge accumulation in Septic Tank and keep sand filter raked removing any accumulated debris or scum. 1 Page# 2 Permit: NCO041190 Owner-Facility: Kings Creek Elementary School ,pection Date: 05/11/2011 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 ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: Septic Tank Yes No NA NE (If pumps are used)Is an audible and visual alarm operational? ■ ❑ ❑ ❑ Is septic tank pumped on a schedule? ■ ❑ ❑ ❑ Are pumps or syphons operating properly? ■ ❑ ❑ ❑ Are high and low water alarms operating properly? ■ ❑ ❑ ❑ Comment: Sand Filters(Low rate) Yes No NA NE (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) ■ ❑ ❑ ❑ Comment: At the time of the TA new sand had been applied to the sand filter. Page# 3 United States Environmental Protection Agency Form Approved. Washington,D.C.20460 i PA 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� 2 L.I 31 N00041220 111 121 11/05/11 117 18I n) 191.�1 20f Remarks �—JJ LJ t� 211IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII M IIIIIIII16 Inspection Work Days Facility Self-Monitoring Evaluation Rating 81 CIA --------------------------Reserved---------------------- 67I 169 70— 71 72 N 73L JJ 74 75 I I I I I 80 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Oak Hill Elementary School 11:20 AM 11/05/11 10/04/01 4603 oak Hill School Rd Exit Time/Date Permit Expiration Date Lenoir NC 28645 11:45 AM 11/05/11 15/03/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Douglas Hill Lee/ORC/828-396-4444/ Name,Address of Responsible Official/Title/Phone and Fax Number Jeff Church,1914 Hickory Blvd Lenoir NC 28645//828-728-8407/8287280(t2ed No0 Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Facility Site Review Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Don Price PC, {fir,' ARO WQ//828-296-4500/ Signature of Management W Reviewer Agency/Office/Phone and Fax Numbers D to EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 --------------- NPDES yr/mo/day Inspection Type 3) NCO041220 I11 12I 11/05/11 I17 18'_' Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Technical assistance conducted in conjunction with Baton Ele. System was discharging at time of Technical Assistance. No objectionable odors, visible solids or foam were observed in discharge at that time. It is suggested facility staff continue to monitor sludge accumulation in septic tank and maintain sand filter to remove any accumulation of debris or scum. Page# 2 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 ` 51 3' N00041157 111 121 11/05/11 117 181 DI 19' GI 20I� —r Remarks 1_! {- 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ------------—------------Reserved-------------------- 67I 1 69 70 U 71 U 72 —I 731 IJ74 751 I ' I ' I I 80 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 11:50 AM 11/05/11 10/04/01 Gateway Alternate School 1889 Dudley Shoals Rd Exit Time/Date Permit Expiration Date Granite Falls NC 28630 12:30 PM 11/05/11 15/03/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Douglas Hill Lee/ORC/828-396-4444/ Name,Address afResponsible Official/Title/Phone and Fax Number Contacted Jeff Church,1914 Hickory Blvd Lenoir NC 28645//828-728-8407/8287280 1 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Facility Site Review Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Don Price 4 9 ���,— ARO WQ//828-296-4500/ C. Signature of Management Review r Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3� NCO041157 I11 12I 11/05/11 I17 18'_1 Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) TA conducted in conjunction with Baton Ele. It is suggested that facility staff conduct effluent pump station alarm testing on a monthly basis. Monitor septic tank for sludge accumulation and maintain sand filter to prevent any accumulation of debris or scum. Page# 2 AWYWA n, .I =0��� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary June 27, 2011 Mr. A. Lee Galloway Town Of Waynesville PO Box 100 Waynesville NC 28786 SUBJECT: Collection System Inspection Waynesville Collection System Permit No: WQCS00039 Haywood County Dear Mr. Galloway: Enclosed please find a copy of the Collection System Inspection conducted on June 16, 2011, During the inspection Town staff agreed to brick up the broken section of containment wall at the Howell Mill bar screen. The grates inside the wall will also be secured so they will stay in place in the event of an overflow. It was requested that the work be done by August 1, 2011 and that the Asheville office be notified once the work is complete. This office appreciates the efforts which the Town is taking to make improvements within the collection system. No violations of permit requirements or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincer*nzel Jeff M Environmental Specialist Enclosure cc: Fred Baker, Town of Waynesville Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarollina Phone:(828)296-4500\FAX:828,299-7043\Customer Service:1-877-623-6748 '1�'laturally Internet:www.ncwateraualitv.org `1 �/V S:\SWP\Haywood\Collection Systems\Waynesville Collection System\Inspection cover letter 2011.doc _ _-___ - _- -_ _. - _ _ ----- ---- -- __- _ \. �. lam; _. ��;. Compliance Inspection Report Permit: WQCS00039 Effective: 12/01/07 Expiration: 11/30/15 Owner: Town Of Waynesville SOC: Effective: Expiration: Facility: Waynesville Collection System County: Haywood PO Box 100 Region: Asheville Waynesville NC 28786 Contact Person: Frederick L Baker Title: Phone:828-456-4410 Directions to Facility: System Classifications: CS2, Primary ORC: Wentfard Lee Henson Certification:24712 Phone:828-456-3706 Secondary ORC(s): On-Site Representative(s): Related Permits: NCO025321 Town Of Waynesville-Waynesville WWTP Inspection Date: 06/16/2011 Ent Time- 9:00 AM Exit Time: 02:00 PM Primary Inspector: Jeff Menzel Phone:828-296-4500 - Secondary Inspector(s): Reason for Inspection: Routine Inspection Type:Collection System Inspect Non Sampling Permit Inspection Type: Collection system management and operation Facility Status: ■Compliant ❑ Not Compliant Question Areas: Miscellaneous Questions Performance Standards Operation&Maint Reqmts Records ■Monitoring&Rpting ■Inspections ■Manhole Lines Reqmts (See attachment summary)V`" Page: 1 Permit:WQCS00039 Owner-Facility:Town Of Waynesville Inspection Date: 06/16/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Inspection Summary: The Howell Mill bar screen was visited during this inspection.Two overflows have occurred there in the last year one on May 6, 2010 and the most recent occurring March 6, 2011. In the last year the town has taken measures to reduce inflow and infiltration into the collection system and has also increased the visitation to the Howell Mill bar screen to twice per day. During the inspection Fred Baker agreed to brick up the broken section of containment wall at the Howell Mill bar screen. The grates inside the wall will also be secured so they will stay in place in the event of an overflow. It was requested that the work be done by August 1, 2011 and that the Asheville office be notified once the work is complete. This office appreciates the efforts which the Town is taking to make improvements within the collection system. Currently the Town is working to generate a GIS map of the collection system. No violations of permit requirements or applicable regulations were observed during this inspection. Page: 2 Permit:WQCS00039 Owner-Facility:Town Of Waynesville Inspection Date:06/16/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? ■ ❑ ❑ ❑ What educational tools are used? Door hangers, newsletters,and personal contact. 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 The last enforcements action noted was July 7,2010. 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? $727,000.00 Total annual revenue for wastewater collection and treatment? $2,000,000.00 CIP Comments Is system free of known points of bypass? ■ ❑ ❑ In If no,describe type of bypass and location Is a 24-hour notification sign posted at ALL pump stations? ❑ ❑ ■ ❑ #Does the sign include: Instructions for notification? ❑ ❑ ■ ❑ Pump station identifier? ❑ ❑ ■ ❑ 24-hour contact numbers ❑ ❑ ■ ❑ If no, list deficient pump stations The Town owns no pump stations. Page: 3 Permit:WOCS00039 Owner-Facility:Town Of Waynesville Inspection Date:06/16/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine #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: Comment: Inspections Yes No NA NE Are maintenance records for sewer lines available? ■ ❑ ❑ ❑ Are records available that document pump station inspections? ❑ ❑ ■ ❑ Are SCADA or telemetry equipped pump stations inspected at least once a week? ❑ ❑ ■ ❑ Are non-SCADA/telemetry equipped pump stations inspected every day? ❑ ❑ ■ ❑ Are records available that document citizen complaints? ■ ❑ ❑ ❑ #Do you have a system to conduct an annual observation of entire system? ■ 0 ❑ ❑ #Has there been an observation of remote areas in the last year? ■ ❑ ❑ ❑ Are records available that document inspections of high-priority lines? ■ ❑ ❑ ❑ Has there been visual inspections of high-priority lines in last six months? ■ ❑ ❑ ❑ Comment: Operation&Maintenance Requirements Yes No NA NE 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? ■ ❑ ❑ Cl 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? weekly/monthly Page: 4 Permit:WQCS00039 Owner-Facility:Town Of Waynesville Inspection Date:06/16/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Do pump station logs include: Inside and outside cleaning and debris removal? ❑ ❑ ■ ❑ Inspecting and exercising all valves? ❑ ❑ ■ ❑ Inspecting and lubricating pumps and other equipment? ❑ ❑ ■ ❑ Inspecting alarms,telemetry and auxiliary equipment? 0 ❑ ■ ❑ Is there at least one spare pump for each pump station w/o pump reliability? ❑ ❑ ■ ❑ Are maintenance records for right-of-ways available? ■ ❑ ❑ ❑ Are right-of-ways currently accessible in the event of an emergency? ® ❑ Cl ❑ Are system cleaning records available? ■ ❑ ❑ ❑ Has at least 10%of system been cleaned annually? ■ Cl ❑ ❑ What areas are scheduled for cleaning in the next 12 months? Is a Spill Response Action Plan available? ■ Cl ❑ ❑ 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 Yes No NA NE Are adequate records of all SSOs,spills and complaints available? ■ ❑ ❑ ❑ Are records of SSOs that are under the reportable threshold available? ■ ❑ ❑ ❑ Do spill records indicate repeated overflows(2 or more in 12 months)at same location? ■ ❑ ❑ ❑ If yes,is there a corrective action plan? ■ ❑ ❑ ❑ Is a map of the system available? ■ ❑ ❑ ❑ Page: 5 Permit:WQCS00039 Owner-Facility:Town Of Waynesville Inspection Date: 06/16/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine Does the map include: Pipe sizes ® ❑ ❑ 0 Pipe materials ■ 0 Cl ❑ Pipe location E ❑ ❑ Flow direction m ❑ ❑ Approximate pipe age ❑ 0 ❑ 0 Number of service taps ❑ ❑ ❑ e Pump stations and capacity ❑ ❑ E ❑ If no,what percent is complete? List any modifications and extensions that need to be added to the map Currently the Town is working to generate a GIS map of the collection system. #Does the permittee have a copy of their permit? ! ❑ ❑ ❑ Comment: The Howell Mill bar screen was visited during this inspection. Two overflows have occurred there in the last year one on May 6, 2010 and the most recent occurring March 6, 2011. The town has taken measures to reduce inflow and infiltration into the collection system and has also increased the visitation to the Howell Mill bar screen to twice per day. Monitoring and Reporting Requirements Yes No NA NE Are copies of required press releases and distribution lists available? ■ ❑ ❑ ❑ Are public notices and proof of publication available? ■ ❑ ❑ ❑ #Is an annual report being prepared in accordance with G.S. 143-215.1 C? ■ ❑ ❑ ❑ #Is permittee compliant with all compliance schedules in the permits? ■ ❑ ❑ ❑ If no,which one(s)? Comment: Page: 6 ��� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary June 27, 2011 Joe Cline, Director Tuckaseigee Water and Sewer Authority 1246 West Main Street Sylva, NC 28779 Subject: Permit No. WQ0035422 Tuckaseigee Water and Sewer Authority (TWSA) Skyland Drive Sewer Relocation Wastewater Collection System Extension Jackson County Dear Mr. Cline: In accordance with your application received June 16, 2011, we are forwarding herewith Permit No. WQ0035422, dated June 27, 2011, to TWSA for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or any individual system-wide collection system permit issued to the Permittee. Please send Keith Haynes of the Asheville Regional Office, a copy of the "notice to proceed" issued to your contractor for this project Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarofiina Phone:(828)296-4500\FAX:828 2997043\Customer Service: 1-877-623-6748 Naturally Internet:wrwv.ncwaterquaIi .org TWSA June 27, 2011 , In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the TWSA for the construction and operation of approximately 402 linear feet of 8-inch gravity sewer; to serve (residential and a school) as part of the Skyland Drive Sewer Relocation project, and the discharge of no additional gallons per day of collected domestic wastewater into the TWSA's existing sewerage system, pursuant to the application received June 16, 2011 and in conformity with 15A NCAC 2H .0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit; The sewage and wastewater collected by this system shall be treated in the TWSA Plant #1 Wastewater Treatment Facility (Permit No. NC0039578), prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Keith Haynes at (828) 296-4500. Sincerely, _ for Coleen H. Sullins, Director Division of Water Quality cc: Jackson County Health Department Asheville Regional Office, Surface Water Protection (WWTF Permit No. NC0039578) Stillwell Engineering, PA Water Quality Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2H .0227. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H .0227: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 28 .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. l PERMIT NO W00035422 TWSA Skyland Drive Sewer Relocation Jackson County June 2T- 4. This permit shall not be transferable. In the event there is a desire for the wastewater collectior �. facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-Licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection .facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional ' Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 MIT NQ, W00035422, TWSA Skyland Drive Sewer Relocation Jackson County June 27 2011 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice rnail 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 11 of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the Twenty-seventh of June, 2011 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION clk"t.4 for ,o en H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0035422 3 PERMIT NO W00035422 TWSA Skyland Drive Sewer Relocation Jackson County June 2 i ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: 402 linear feet of 8-inch gravity sewer;to serve(residential and a school)as part of the Skyland Drive Sewer Relocation project, and the discharge of no additional gallons per day of collected domestic wastewater Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations(selected pumps, system curve, operating point, available storage if portable generator(s)or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑full time)the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the ` observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ....................................:............................................................ . SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ................................................................................................ The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. `- '' `,I r NQ, W00035422 TWSA, Skyland Drive Sewer Relocation, Jackson County June 27. 2011 AGINEERING CERTIFICATION - POST CONSTRUCTION System Description: 402 linear feet of 8-inch gravity sewer;to serve(residential and a school)as part of the Skyland Drive Sewer Relocation project,and the discharge of no additional gallons per day of collected domestic wastewater Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ...........................................:.................................................... . SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ................................................................................................. The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary June 27, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED— 7010 1870 0003 0874 6826 Mr. David Hallock, General Manager Blue Ridge Tissue Corporation P.O. Box 99 Patterson,North Carolina 28661 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 NC0006254 Blue Ridge Tissue Corporation Patterson Mill WWTP Case No. LV-2011-0172 Caldwell County Dear Mr. Hallock: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$817.00 ($750.00 civil penalty + $67.00 enforcement costs) against Blue Ridge Tissue Corporation. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Blue Ridge Tissue Corporation for the month of December 2010. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0006254. The violations which occurred in December 2010 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Blue Ridge Tissue Corporation violated the terms, conditions or requirements of NPDES Permit NC0006254 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 Blue Ridge Tissue Corporation: NorthCarolina Na&rallrf SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 Phone:(828)296-4500\FAX:828 2997043\Customer Service: 1-877-623-6748 Internet:www,ncwaterouality.org I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No..., $750.00 NC0006254,by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for BOD Oty - Daily. $750.00 TOTAL CIVIL PENALTY $67.00 Enforcement Costs $817.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and.gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In armining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. Fille a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile(fax)or electronic mail by an attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7)business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh,NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, Roger C. Edwards,Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Asheville Files w/ attachments DWQ Central Files w/ attachments Bob Guerra/DWQ Point Source w/attachments Douglas Lee/ORC w/attachments S:`••SWII ;'aidwell`.W i,teNmnter`iiidustrial'•.Onnii Supply 0625-I` N-2011d01%2.doc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2011-0172 County: Caldwell Assessed Party: Blue Ridge Tissue Corporation/Patterson Mill Permit No.: NC0006254 Amount Assessed: $817.00 Please use this form when requesting remission of this civil penalty, You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONME, AND NATURAL RESOURCES COUNTY OF CALDWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS BLUE RIDGE TISSUE/ PATTERSON MILL ) PERMIT NO. NC0006254 ) FILE NO. LV-2011-0172 Having been assessed civil penalties totaling$817.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 27, 2011, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30)days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE w (D CL r U W Z a) O D' m Q O O >. Z > Q 0 Z O w w t: n it >M O J N 0 O W i-W LO D Q N U> J a U y h- N U W O Hy n jW O C U O N r N Lr Q & 0 V Z U N w w 7 > 7 J W U N a Q F m Z Q 'O Off' o iR W -Jo O Q > 7 m U Cam_ a G w 0 r+ a O R as m IL z 0 U p w LaL J J LL o 7 O IT LO (D Z�- to R� o () O Z LU N Z O 1- O d Q Z n J a `1) F. J ' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 29, 2011 Mr. J.J. Swain,Jr., P.E. Division 13 Engineer N.C. Department of Transportation Post Office Box 3279 . Asheville,North Carolina 28802 Subject: Inspection-US Highway 221 DWQ Project 08-1809 Individual Certification No. 3784 TIP Nos. R-2233AA and AB Sections Rutherford County Dear Mr. Swain: On June 13,2011, I inspected the construction work on the US Highway 221 Project, R-2233AA and AB Sections, in Rutherford County. Construction continues along most of the project with heavy grading and bridge construction on the AA Section and heavy grading along the AB Section. Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection reports for any specific items noted during the inspection. If you have questions, please call me at 828-296-4500. Sincerely, - ,e;�'9 Michael R. Parker Environmental Senior Specialist Attachment cc: Brian C. Skeens,PE Roger Bryan, Division 13, DEO Ed Ingle, Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office US Highway 221June 2011 Inspection Letter SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 One 1 Customer Service:1-877-623-674$ NnrthCarO].Ina Internet:www.ncwatergualitv.org An Equal Opportunity 1 Affirmative Action Employer �lxtllrlrttl� 1 -- \__: _ _ DWO Site Visits for DOT Proiects Field Sheet DWQ representative:LMichael R.Parker Date: June 13,2011 County: Buncombe T� Region: Asheville DOT Division: I Division 13 Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #: 20081809 NW Permit#: IP#: 1 3784 Project Name: TIP No.R-2233AA Location of Project: The project is located on US Highway 221 approximately 3 miles south of the intersection of US Highway 74 and US Highway 221 in Rutherford County. Project Complete: ❑Yes X No If no,estimated date of completion: i Activities(DOT): Water Ouality Concerns(DWQ): X❑ Bridge ❑ Steam Standards Violation X❑ Culvert X❑ Turbidity ❑ Bottomless Culvert ❑Evidence of spills ❑ Bottomless Arch ❑ Oil/Petroleum X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste ❑ Spoil Pile ❑ Failed E& S control measures ❑ Borrow Pit X❑ Sedimentation Impacts ❑ Wetland Mitigation ❑ Stormwater Permit Violation ❑ Stream Restoration ❑ Fill ❑ On-site Stream Relocation ❑ Buffer Impacts(see below) ❑ Buffer Restoration ❑ Other X❑ Bank Stabilization X❑ Other Fill Additional Wetland Impacts: ❑yes ❑ no Estimated Acres ❑Zone 1 Est Acres ❑Zone 2 Est Acres —� Additional Stream Impacts: ❑yes X❑no Est Linear feet Estimated linear feet of impact: I Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac Buffer Designation: ❑Exempt []Allowable ❑Allowable w/mitigation ❑Prohibited DWQ Site Visits for DOT Proiects Background Info Name of Waterway(s): Broad River,Floyds Creek Basin/Subbasin: BRD 030802 Wetland Type: ❑Isolated ❑Non-Isolated(Waters of US) Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW ❑HQW ❑WS-I ❑WS-IV ❑SA ❑CA Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert XBridge ❑Bottomless Arch X❑Riprap Inlet/Outlet Stabilization ❑Fill Authorized Wetland Impacts: X❑0— 1/10th acre ❑1/I I'h to 1/3rd acre 0.02 acres ❑1/3rd to 1.0 acre ❑> 1.0 acre -1 Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet 2,686 linear feet Construction is underway on most of the project with heavy grading taking place along the entire length of the AA Section. The new Broad River Bridge has been completed. Sediment is entering the stream at Station 41+00. Sediment should be removed from this stream up and downstream of the culvert. Notified on June 24,2011 that the sediment had been removed. All areas that have been graded and no construction has taken place in the last 14 days should be seeded and mulched. All sediment and erosion control structures/devices should be checked for proper operation including the silt fence. Any off-site sediment should be removed and the site remediated. Repair and maintain all erosion control devices and continue with seeding and matting as required to protect State surface waters. R2233AA Inspection Report June 2011 f DWQ Site Visits for DOT Projects Field Sheet DWQ representative: Michael R. Parker Date: June 13,2011 County: Buncombe —� Region: Asheville�� DOT Division: Division 13 Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #: 20081809 NW Permit#: IP#: 1 3784 Project Name: TIP No.R-2233AB Location of Project: The project is located on US Highway 221 from North of US Highway 74 to the bridge over Floyd's Creek in Rutherford County. Project Complete: ❑Yes X No If no, estimated date of completion: Activities(DOT): Water Quality Concerns(DWQ): X❑ Bridge ❑ Steam Standards Violation X❑ Culvert X❑ Turbidity ❑ Bottomless Culvert ❑ Evidence of spills ❑ Bottomless Arch ❑ Oil/Petroleum X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste ❑ Spoil Pile ❑ Failed E& S control measures ❑ Borrow Pit X❑ Sedimentation Impacts ❑ Wetland Mitigation ❑ Stormwater Permit Violation ❑ Stream Restoration ❑ Fill ❑ On-site Stream Relocation ❑ Buffer Impacts(see below) ❑ Buffer Restoration ❑ Other X❑ Bank Stabilization X❑ Other Fill Additional Wetland Impacts: ❑yes ❑ no Estimated Acres ❑ Zone 1 Est Acres ❑ Zone 2 Est Acres Additional Stream Impacts: ❑yes X❑ no Est Linear feet Estimated linear feet of impact: —� Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact/ ac Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ac Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited DWO Site Visits for DOT Proiects Background Info Name of Waterway(s): Floyds Creek Basin/Subbasin: BRD 030802 Wetland Type: ❑Isolated ❑Non-Isolated(Waters of US) Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW ❑HQW ❑WS-I ❑WS-IV ❑SA ❑CA Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert XBridge ❑Bottomless Arch X❑Riprap Inlet/Outlet Stabilization ❑Fill Authorized Wetland Impacts: X❑0- 1/10`h acre ❑1/11`h to 1/3`d acre 0.02 acres ❑1/3`dto 1.0 acre ❑> 1.0 acre ' Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet 2,686 linear feet Review of sediment and erosion control devices indicate that the devices are operating properly. Please ensure that installation of sediment and erosion control devices are keeping pace with the construction. Seed and mulch all bare soil areas. All areas that have been graded and no construction has taken place in the last 14 days should be seeded and mulched. All sediment and erosion control structures/devices should be checked for proper operation including the silt fence. Any off-site sediment should be removed and the site remediated. Repair and maintain all erosion control devices and continue with seeding and matting as required to protect State surface waters. R2233AB Inspection Report June 2011 AZ4J L')'r ya WDENR North Carolina Department of environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 29, 2011 Mr. Andrew G. Bradley, VP, Environmental Affairs Unimin Corporation 258 Elm Street New Canaan, Connecticut 06840 Subject: NOTICE OF VIOLATION NOV-201 1-MV-01 12 Permit No. NC0000361 Schoolhouse Quartz facility Avery County Dear Mr. Bradley: A review of Schoolhouse Quartz facility's monitoring report for December 2010 showed the following violation: Parameter Date Measuring Frequency Violation Oil & Grease 12/31/2010 Quarterly Failure to Monitor Per a conversation today with Mr. Mike Vencill, Plant Manager, and this Office, Mr. Vencill stated that they have initiated sampling protocol to prevent future problems with monitoring Oil & Grease at this facility. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely,, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files Mike Vencill/ Plant Manager, Schoolhouse Quartz S:tSWP\Avery\Wastewater\lndustrial\Ursimin Schoolhouse 00361\N01t-2011-MV-0112.doc NorthCarohna ,Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 29, 2011 Mr. Eric Motzno NC DOT - Environmental Operations 48Q9 Beryl Road Raleigh, North Carolina 27606 Subject: NOTICE OF VIOLATION NOV-2011-MV-0111 Permit No. NCO085979 Rosman Maintenance Facility Transylvania County Dear Mr. Motzno: A review of NC DOT Rosman Maintenance Facility's monitoring report for December 2010 showed the following violations: Parameter Date Measuring Frequency Violation pH 12/31/2010 Monthly Failure to Monitor Chloride 12/31/2010 Monthly Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant". Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 8281296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files S_<<WP1Transylvani zlW astewaterUndustrial\NCC3t7T Rosman Maintenance 859791NU'J-2011-M4'-01 1 l.doc one NorthCarolina ,Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 m& A"' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director Dee Freeman Secretary June 30, 2011 Larry and Jeanneatte Buff 4921 Sweet Creek Drive Morganton,NC 28655-9698 Subject: 401 Water Quality Certification -Approval Larry Buff Stream Restoration DWQ Project# 11-0573 Burke County CTB/Bailey Frk/ 11-34-8-2/ C Dear Mr. and Mrs. Buff. The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. pproval has been granted to place fill within or otherwise impact 2,054 feet of streams for the purpose of _-,ream stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3689. This Certification allows you to use Nationwide Permit 27 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control and turbidity regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Stream 2,054 (feet) S 1-56 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296450M FAX:828-299-70431 Customer Service:1-877-623-6748 One Internet:www.ncwaterqualo.org NorthCarofina. An Equal Opportunity 1 Affirmative Action Employer Nj mr 4 Mr.and Mrs.Buff June 30,2011 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this.Certification and may result�. criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream \ impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Linda Wiggs in the Asheville Regional Office at 828-296-4500. Sincerely, Coleen H. Sullins, Director CHS/!sw Enc: GC3689 Certificate of Completion cc: USACE Asheville Regulatory Field Office 401 Permitting Unit—Central Office File Copy Burke Soil and Water District-Kevin Clark 130 Ammons Drive Morganton,NC 28655 S:\S WP\Burke\401 s\Non-DOT\LarryB uffRestoration\LarryBuff.Approval.June20 L1.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 30, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7009 1680 6000 7514 7966 Mr. J. Robert Boyette City of Marion P.O. Drawer 700 Marion,North Carolina 28752 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215,1(a)(6) and NPDES Permit NCO031879 City of Marion Corpening Creek WWTP Case No. LV-2011-0178 McDowell County Dear Mr. Boyette: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,942.00 ($1,875.00 civil penalty+ $67.00 enforcement costs) against the City of Marion. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by the City of Marion for the month of December 2010. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0031879. The violations which occurred in December 2010 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the City of Marion violated the terms, conditions or requirements of NPDES Permit NCO031879 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment against the City of Marion: N?o e Carolina tand1l SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778&- Phone:(828)296-4500\FAX:828 2997043\Customer Service: 1-877-623-6748 Internet:www.ncwaterauality.org 0 of the 3 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $.00 NC0031879, by discharging waste water into the waters of the State in violation of the Permit Daily Minimum limit for PH. 1 of the 1 violations of G.S. 143-215.l(a)(6) and NPDES Permit No. $312.50 NC0031879, by discharging waste water into the waters of the State in violation of the Permit Weekly Average limit for BOD - Cone. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $312.50 NC0031879, by discharging waste water into the waters of the State in violation of the Permit Weekly Average limit for TSS- Cone. 1 of the 1 violations of G.S. 143-215.1(a)(6)and NPDES Permit No. $1,250.00 NC0031879, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for TSS - Cone. $1,875.00 TOTAL CIVIL PENALTY $67.00 Enforcement Costs $1,942.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215,6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not,include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new vi.olation(s). Please submit payment to the attention of: Point Source Compliance/Bnforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will,prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition maybe filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed.original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919) 431-3000 Fax: (919)431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh,NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being i referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, 6eTEdwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Asheville Files w/attachments DWQ Central Files w/attachments Bob Guerra/Point Source Branch w/attachments S`.SbSP`,R•Icl�.tici,ii'•a�'ajstc�ater.\Ituicr4>al'+C:orpc:nin� trecl:title.(t'a1�79•J.�'-2)Il-QI'Y.itnc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2011-0178 County: McDowell Assessed Party: City of Marion/Corpening Creek Permit No.: NCO031879 Amount Assessed: $1,942.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMEr. AND NATURAL RESOURCES COUNTY OF MCDOWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS CITY OF MARION/ CORPENING CREEK ) PERMIT NO. NCO031879 ) FILE NO, LV-2011-0178 Having been assessed civil penalties totaling $1,942.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 30, 2011, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE _ ADDRESS TELEPHONE a = L L N N w m m m (D IL} x w F w o 6 o w Z a) Z Z Z CD a) O 03 m E E E m J Q E E E Q Q E C_ C_ ?. >. T N C a O� o o p � � Z O W W2 co N LO CD Q5 M N `7 a tD N 0 W W to Cl) m J co 0) W N U; co vi ui vi M J Q U F (o to 0 LI) M O J V w LL OW w > > o rn rn Z ZW E H v, E E O 00 n r O Q _ V O O W Y Y Y Y Y Y lIJ ? W 3 3 3 3 3 3 J X U X X X X X 0 LL w Un u) m 0 LO Lu U _0 o 0 ~ 0 0 0 0 W 0 o N z uj Qa 0 o N N r N N U) '> a U IL Y d d L U C H U U 0 O a m a a m H U C C C C C C U LL OO w WWW w w J J Fna 0 0 0 0 0 0 O ti O KKo 0 0 0 0 0 O 0a N N N N N N V O z� Z 9 2 0 } j w w 0 0 W i+ Q CV 0 0 0 N N d W M ff> f i fH f; N J a �' 44 iR AT"� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 30, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7009 1680 0000 7514 7959 Mr. David Hallock, General Manager Blue Ridge Tissue Corporation P.O. Box 99 Patterson,North Carolina 28661 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 NC0006254 Blue Ridge Tissue Corporation Patterson Mill Case No. LV-2011-0181 Caldwell County Dear Mr. Hallock: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,817.00 ($1,750.00 civil penalty+ $67.00 enforcement costs) against Blue Ridge Tissue Corporation. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Blue Ridge Tissue Corporation for the month of February 2011. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0006254. The violations which occurred in February 2011 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Blue Ridge Tissue Corporation violated the terms, conditions or requirements of NPDES Permit NC0006254 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, l, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment - against Blue Ridge Tissue Corporation: One NorthCarolina SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Naturallr� Location:2090 U.S.Highway70,Swannanoa,NC 28778 Phone:(828)296-4500\FAX:828 2997043\Customer Service: 1-877-623-6748 Internet:www.ncwaterauality.org I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $750.00 NC0006254,by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for BOD Oty - Daily. 4 of the 6 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $1,000.00 NC0006254,by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for BOD - Daily. $1,750.00 TOTAL CIVIL PENALTY $67.00 Enforcement Costs $1,817.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; " (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice,you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty ,.vent document. Because a remission request forecloses the option of an administrative ,ring, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282,1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director, Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax)or electronic mail by an attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone,and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919) 431-3000 Fax: (919)431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh,NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Asheville Files w/ attachments DWQ Central Files w/attachments Bob Guerra/Point Source Branch w/attachments Douglas Lee/w/attachments S`.5t-tF';t:aldticll.tl'ast�cnxter'•.h(.[utrial_UituiSuppl� (162 4`:1 V-1011-0I$I'doc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2011-0181 County: Caldwell Assessed Party: Blue Ridge Tissue Corporation/ Patterson Mill Permit No: NC0006254 Amount Assessed: $1,817.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMEir AND NATURAL RESOURCES COUNTY OF CALDWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS BLUE RIDGE TISSUE CORPORATION/ ) PATTERSON MILL ) PERMIT NO. NC0006254 ) FILE NO LV-2011-0181 Having been assessed civil penalties totaling $1,817.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 30, 2011,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE a a� m m aa> m d d a LU Q)8 am v aai d aa) � U U U U U U X w L' w w w w W 0 > > > > > can N F- E E E E E E x R > O Q O O O W 0 Z O t9 W w F= O1 W0 ro � v ci. LQ 0� N O N O 'o V) (,0o f N Cl) V N t0 O W W a 7 N Cl) N O c0 N O] Q U F uQ N L uQ ip U� U� i� U w } O� m m m m m m F- Hv=i v a a v a ZW n a a Q Q a O =� c U O V' 00 L V- Q CL 0 V Z V C m - W N D z T T T T T T yJ W aoi a�i aoi aoi a�i aoi Q F' W z Q aQ o 0 0 0 0 o N Z Op 0 0 0 0 0 0 a N j 7 Q m U w OO 0 a 0 0 0 Q C T N a a a a a a Ra m m m m m m m IL C C C C C C C V p w w w w w w w LL. J J FLL-a O O O O 0 0 0 It O in a N ZF CO zw .- •- •- •- ,- •- N 00 0 0 0 C 0 0 0 N N N N N N N U O Zui N N N N N N N Z 3 0 O O O O O O 0 1.I a Q O O O O O O O Anh � tjif' NCDNR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary June 30, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED 70091680 0000 7514 7980 Mr. David Hallock, General Manager Blue Ridge Tissue Corporation P.O. Box 99 Patterson,North Carolina 28661 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 NC0006254 Blue Ridge Tissue Corporation Patterson Mill Case No. LV-2011-0180 Caldwell County Dear Mr. Hallock: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,567.00 ($1,500.00 civil penalty+$67.00 enforcement costs) against Blue Ridge Tissue Corporation. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by Blue Ridge Tissue Corporation for the month of January 2011. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0006254. The violations which occurred in January 2011 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Blue Ridge Tissue Corporation violated the terms, conditions or requirements of NPDES Permit NC0006254 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 Blue Ridge Tissue Corporation: ne NorthCarolina �aturallr� SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S. Highway 70,Swannanoa, NC 28778^ Phone:(828)296-4500\FAX:828 2997043\Customer Service: 1-877-623-6748 Internet:www.ncwaterauality.org 3 of the 9 violations of G.S. 143-215.1(a)(6) and NPDES Permit No: , $750.00 NC0006254,by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for BOA Oty - Daily. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $750.00 NC0006254,by discharging waste water into the waters of the State in violation of the Permit Months Average limit for BOD - DDaily. $1,500.00 TOTAL CIVIL PENALTY $67.00 Enforcement Costs $1,567.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over \ which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of. Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative , such a request must be accompanied by a waiver of your right to an administrative _fig and a stipulation and agreement that no factual or legal issues are in dispute. Please ,.,,epare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings within seven (7)business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh,NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Asheville Files w/ attachments DWQ.Central Files w/attachments Bob Guerra/Point Source Branch w/ attachments Douglas Lee/w/attachments .SWi'?C:IChwcll\bC'astcNsater`.Tndustial10n3rri Supply 06154'IN-2011-01Wdoc JUSTIFICATION FOR REMISSION REQUEST .YWQ-Case Number: LV-2011-0180 County: Caldwell Assessed Party: Blue Ridge Tissue/Patterson Mill Permit No.: NC0006254 Amount Assessed: $1,567.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMt_ AND NATURAL RESOURCES COUNTY OF CALDWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS BLUE RIDGE TISSUE/ PATTERSON MILL ) PERMIT NO. NC0006254 ) FILE NO. LV-2011-0180 Having been assessed civil penalties totaling $1,567.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 30, 2011, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE v a o 0 w y�y p4)U U U U U U v O U w w u'S w u L' w L+ z E E E E E E0 d r E E E E E E E E E a) > O > 4) T T T t s - - - - - - - N O 0 0 O O O Q � Z O W W~ N v ^ OR � n n N OJ� W ��„ to N tD r (V e V' 0 W F'W N O N O O N (D tt V �Q M M M M V M 0 (NO M a 10 W, Lo W� U� U, (N N N N N N (V N (V P- 3 M � M M � M M M M n {Q V W u'0: T T T T >. T T T T T Ir. O v v m ca m m @o m v ?W a a a fl a n a a O U C O O F+ c LI Q CL U o c z _w d N 0 m m Y Y Y Y .Y .Y 2 Y NJ w N N N N N N N N N N U W LL Q 1- u1 z Q 'a D O Q (O M oD Z J z z N N N N M M W 2 O O O O O O O O O Q O m V 0' @ @ @ @ @ @ @ @ @ @ W a a 0 CIO O O 0 0 O O LU O C7 a a 2", � C7 a 0 0 0 0 0 0 0 0 0 0 R a m m m m m m m m m m a V UO w w w w w w w w w w LL J J_ as O O O O O O o O O O FIL O O O O p O O O O O O N 0 Q N 00 00 O O O O O O O 0 O C I-G. N N N N N N N N N N (� O ZW — — — - — - z 0 a o J O O O O O O O O O O O La O O Oa z N (A ( T (4 4 ( N N � 44 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary June 30, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7009 168o 0000 7514 7973 Mr. Sidney Harrison, Mayor Town of Hot Springs P.O. Box 218 Hot Springs,North Carolina 28743-0218 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 NCO025836 Town of Hot Springs Hot Springs WWTP Case No. DV-2011-0029 Madison County Dear Mr. Harrison: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,067.00 ($2,000.00 civil penalty+ $67.00 enforcement costs) against the Town of Hot Springs. This assessment is based upon the following facts: a review has been conducted of the 5-Day WWTP By-Pass report submitted by the Town of Hot Springs for Incident#201101108. This review has shown the subject facility to be in violation for the by-pass of 150,000 gallons of untreated sewage from the WWTP under requirements found in NPDES Permit NC0025836. The By-Pass violation which occurred April 30,2011 through May 3,2011,is summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Town of Hot Springs violated the terms, conditions or requirements of NPDES Permit NCO025836 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, l, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment against the Town of Hot Springs: NorthCarolina �aturallt� SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 Phone:(828)296-4500\FAX:828 2997043\Customer Service: 1-877-623-6748 Internet:www.ncwateraualitv.org For 1 of the 1 violations of NPDES Permit No. NC0025836 for the $2,000.00 WWTP By-Pass of 150,000 gallons of untreated sewage to the French Broad River. $2,000.00 TOTAL CIVIL PENALTY $67,00 Enforcement Costs $2,067.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 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: l. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty ' assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please _e a detailed statement that establishes why you believe the civil penalty should be .,flitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax)or electronic mail by an attached file (with restrictions)-provided the signed original, one (1) copy and a filing fee(if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One(1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh,NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, _ Roger C.Edwards, Regional Supervisor Surface Water Protection Section �. Asheville Regional Office ,_ ATTACHMENTS cc: DWQ Asheville Files w/attachments DWQ Central Files w/attachments Bob Guerra/DWQ Point Source Branch w/attachments Randy Joseph/ORC w/attachments +.`:Sty f"..tladisoti.it'astL`4atert�gtnaicil�af,}{ot 5prin,-,t1-b4'IP 2i336`.[:V-2011-()029 13y-Pass.doc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV-2011-0029 County: Madison Assessed Party: Town of Hot Springs Permit No.: NC0025836 Amount Assessed: $2,067.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). _ (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences), (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONME-, AND NATURAL RESOURCES COUNTY OF MADISON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS TOWN OF HOT SPRINGS ) PERMIT NO.N00025836 ) FILE NO. DV-2011-0029 Having been assessed civil penalties totaling $2,067.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 30, 2011,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned_further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of receipt of the notice of assessment. 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