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DWR Read File Archive July 2012
NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary July 2,2012 I CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 1929 Mr. Cameron McHargue Town of Spindale Spindale WWTP P.O.Box 186 Spindale,North Carolina 28160 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LM-0032 Spindale WWTP NPDES Permit No. NCO020664 Rutherford County Dear Mr. McHargue: A review of the January 2012 self-monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Reported Value Permit Limit 01/14/2012 001 Fecal coliform 515.91 #/ 100 ml 400#/ 100 ml Parameter Date Measuring Frequency Violation Flow 01/02/2012 Continuous Failure to Monitor A Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0020664. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the January 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this office within the 10-day period, a civil penalty assessment may be prepared. SUIRFACT WATER PROTECTION SECTION LION ASHEVIt LE REGIONAL OFFICE Location:2090 U.S.Highway 70.Srvunmoa,North Carolina 29778 One Phone:828 296 4500y lax:828 299-7043 NOrtriCaTOli`na Internet:http.Uportal.ncdenr.org/web/wg ,(Xo. �jjti��alr{ll An Equal Opportunity'•.Affirmative Action Employer--50'9u Recpeled l01N Post Consumer paper Mr. Cameron McHargue July 2,2012 Page 2 of 2 Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems,and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828-296- 4500. Sincerel Chuck Cranfo'd, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files Bob Guerra/DWQ Point Source 4 - t'I",RttthtttorE l<asi a�ic_llttrtitt€�i3..Spinclalc4k'W C aw�gL NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 2, 2012 Ms. Carolyn F. Edmundson Country Acres Mobile Home Park 25 Keith Memorial Drive Mills River, North Carolina 28759-2522 Subject: NOTICE OF VIOLATION NOV-2012-LV-0330 Permit No. NCO066249 Country Acres MHP WWTP Henderson County Dear Ms. Edmundson: A review of Country Acres MHP WWTP's monitoring report for December 2011 showed the following violation: Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day (20 Deg. C) - 12/13/2011 45 mg/I 62.3 mg/I Daily Maximum Concentration Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 8281296-4500. Sincerel Chuck Cranfofd, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files J. F. Edwards/ORC S:;SWP1Henderson\Wastewater\Minors�Country Acres MHP 662491,NCV-2012-LV-0330.doc NoAhCarohna ,VWUM Ay North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.ora FAX (828)299-7043 A74 �CDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 2, 2012 Ms. Cathy Childrey Mizpah Healthcare Inc. P.O. Box 1029 Marion, North Carolina 28752-1029 Subject: NOTICE OF VIOLATION NOV-2012-LV-0331 Permit No. NCO074110 Mountain View Assisted Living WWTP Henderson County Dear Ms. Childrey: A review of Mountain View Assisted Living's WWTP monitoring report for December 2011 showed the following violation: Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day(20 Deg. C) - 12/31/2011 10 mg/I 11.04 mg/I Monthly Concentration Average Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/2964500. Sincerely, � r Chuck Cran ord. Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James &James Environmental/ORC One S:1SWP\HendersonllNastew2ter\MinorsU,Mountain View Assisted Living 7411 MISIOV-2012-i-v-0331.doc NoithCarohna Natumllll North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwateraualitv.ora FAX (828)299-7043 � �� f��, �._, `�i NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 2, 2012 Mr. Ron Shemesh, CEO Excelsior Packaging Group 1379 Old Rosman Highway Brevard, North Carolina 28712 Subject: NOTICE OF VIOLATION NOV-2012-LV-0332 Permit No. NC0000108 Excelsior Packaging Group WWTP Transylvania County Dear Mr. Shemesh: A review of Excelsior Packaging Group's WWTP monitoring report for April 2012 showed the following violation: Parameter Date Limit Value, Reported Value Limit Type Nitrogen, Ammonia Total 04/17/2012 35 mg/I 48.2 mg/I Daily Maximum (as N) - Concentration Exceeded It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, 9 Chuck Cranf rd�gional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James & James Environmental/ORC One S:\SWP±Transylvania\Wastewater\Minors\Excelsior 001081N0V-2012-Lit-0332.d0c NorthCarolina MUMMY North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.newaterguality.org FAX (828)299-7043 \� �.. i�/ NlCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 2, 2012 Mr. Nathan D. Benson P.O .Box 1090 Mountain Home, North Carolina 28758-1090 Subject: NOTICE OF VIOLATION NOV-2012-LV-0333 Permit No. NCO066362 Benson Apartments WWTP Henderson County Dear Mr. Benson: A review of Benson Apartments'WWTP monitoring report for March 2012 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Solids, Total Suspended - 03/05/2012 45 mg/I 54 mg/l Daily Maximum Concentration Exceeded It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincere y, / Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James &James Environmental/ORC S:\SWP\Henderson\WastewaterWlinors\Benson Apartments 66362WOV-2012-LV-0333.doc NorthCarolina NatllP,71iff North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org FAX (828)299-7043 NCDrENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild; P.E. Dee Freeman Governor Director Secretary July 3, 2012 Mr. Jeff Lamm, Environmental Affairs Southern Concrete Materials, Inc. P.O. Box 5395 Asheville,NC 28813 SUBJECT: NPDES Stormwater Permit Compliance Inspection Southern Concrete Materials (SCM) - Sylva Permit No: NCG140158 Jackson County Dear Mr. Lamm: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on June 21, 2012 at the SCM-Sylva site. The facility was found to be in compliance with permit NCG140158. Enclosed is a copy of the Compliance Inspection Report, which contains additional observations and comments for your reference. Please contact me at(828)296-4665 or Susan.A.Wilsonta?ncdenr.gov, if I can be of any further assistance. Sincerely, Susan A. Wilson . Environmental Engineer Surface Water Protection Enc—Inspection Report cc: Central Files Asheville Files Mike Hill, SCM 201 Boundary St., Waynesville,NC 28786 (w/Inspection Report) SASWPVackson\Stormwater\NCG14 Ready Mix\NCG140158 SCM\CEI Lttr.SCM Sylva.6 2012.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 one t t Phone:828-296-4500\FAX:828-299-7043 NOt`C11C 01111a Internet:www.ncwaterquality.org i V�������� An Equal Opportunity'.Affirmative Action Employer j/J \� �� �� �\ �_l Compliance Inspection Report Permit: NCG140158 Effective: 07/01/11 Expiration: 06/30/16 Owner: Southern Concrete Materials Inc SOC: Effective: Expiration: Facility: Southern Concrete Mat-Sylva County: Jackson 180 W Main St Region: Asheville Sylva NC 28779 Contact Person: Jeff Lamm Title: Phone: 828-253-6421 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 06/21/2012 Entry Time: 12:33 PM Exit Time: 01:20 PM Primary Inspector: Susan A Wilson Phone: 828-294-4500 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Ready Mix Concrete Stormwater/Wastewater Discharge COC Facility Status: IN Compliant Cl Not Compliant Question Areas: Storm Water (See attachment summary) Page: 1 Permit: NCG140158 Owner-Facility: Southern Concrete Materials Inc Inspection Date: 06/21/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Susan Wilson met with Mike Hill and Ken Ewart(SCM)on-site, June 21, 2012. A brief site visit was conducted on May 30, 2012; this site visit was to follow-up and review documents/record keeping. Some aspects of the SWPPP need to be updated (Jeff Lamm is aware of this). One of the pits nearest Scott's Creek needs to be cleaned out regularly(and likely bermed on the side nearest Scott's Creek to provide more capacity); much of the drainage flows to this area(exterior truck washing, loading area). Per Mike Hill, no discharge occurs from the other pit (the truck wash pit). Although located next to Scott's Creek-the majority of the site drains to the two pit areas. There is some runoff from the entrance that sheet flows to Scott's Creek(where samples are taken). SCM has a small water intake along Scott's Creek(with a concrete support structure located above ordinary high water mark). The site appeared to be well maintained and no adverse impacts to Scott's Creek were noted. Page: 2 Permit: NCG140158 Owner-Facility: Southern Concrete Materials Inc Inspection Date: 06/21/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ n n n #Does the Plan include a General Location(USGS)map? ■ n n n #Does the Plan include a"Narrative Description of Practices"? ■ n n n #Does the Plan include a detailed site map including outfall locations and drainage areas? ■ n ❑ n #Does the Plan include a list of significant spills occurring during the past 3 years? ❑ ❑ ■ #Has the facility evaluated feasible alternatives to current practices? ■ n n n #Does the facility provide all necessary secondary containment? ■ #Does the Plan include a BMP summary? ■ n ❑ n #Does the Plan include a Spill Prevention and Response Plan (SPRP)? ■ n ❑ n #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ n n n #Does the facility provide and document Employee Training? ■ n n n #Does the Plan include a list of Responsible Party(s)? ■ n n n #Is the Plan reviewed and updated annually? ■ n n n #Does the Plan include a Stormwater Facility Inspection Program? ■ n n n Has the Stormwater Pollution Prevention Plan been implemented? ■ n n n Comment: There is a SWPPP in place for the facility. Some aspects of the plan need to be updated (contacts, responsible party, certification, etc.). Per Jeff Lamm, they are in the process of updating the plan. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ n n n Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ n n n #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? n n ■ Comment: Permit and Outfalls Yes No NA NE #Is a copy of the Permit and the Certificate of Coverage available at the site? ■ n ❑ ❑ #Were all outfalls observed during the inspection? ■ n n n #If the facility has representative outfall status, is it properly documented by the Division? 0130 n #Has the facility evaluated all illicit(non stormwater)discharges? ■ n n n Page: 3 Permit: NCG140158 Owner-Facility: Southern Concrete Materials Inc Inspection Date: 06/21/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine \ Comment: The new permit should be in the documentation. The sampling area and documentation should be consistent(different personnel that sample may be sampling slightly different areas). The facility is beside Scott's Creek (C-Trout; Stream Index: 2-79-39) Page: 4 AIKI A "�� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary July 3, 2012 Ms. Jan W. Grove Midway Medical Center P A P.O. Box 1409 Canton, North Carolina 28716-1409 Subject: NOTICE OF VIOLATION NOV-2012-MV-0054 Permit No. NCO022454 Midway Medical Center WWTP Haywood County Dear Ms. Grove: A review of Midway Medical Center WWTP's monitoring report for February 2012 showed the following violation: Parameter Date Measuring Violation Frequency Chlorine, Total Residual 02/04/2012 2 X week Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/2964500. Sincerely, . V Chuck Cranf rd, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James & James Environmental/ORC One S:\SIIVPIHaTi,rood'\Wastewate,',Minors\Mv d+nay Medical :enter 22454iNOVV-2012-NIV-0054,.doc NorthCarolina ,Nuturullry North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org FAX (828)299-7043 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 3, 2012 Ms. Jan W. Grove Midway Medical Center P A P.O. Box 1409 Canton, North Carolina 28716-1409 Subject: NOTICE OF VIOLATION NOV-2012-MV-0055 Permit No. NCO022454 Midway Medical Center WWTP Haywood County Dear Ms. Grove: A review of Midway Medical Center WWTP's monitoring report for March 2012 showed the following violation: Parameter Date Measuring Violation Frequency Chlorine, Total Residual 03/03/2012 2 X week Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sinceroy, Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James &James Environmental/ORC S:ISVVPtHayrvoodi'VastewaterNMinors%Midway Medical Center 22454iN0V1 2012-MV-0055.doc NoAhCarolina ,Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.orp FAX (828)299-7043 NCDEN� North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 3, 2012 Charles Rudman 105 Glen Abbey Way Greer, SC 29650 Subject: Request for More Information . 401 Water Quality Certification Project Name: Charles Rudman Bank Stabilization Project DWQ Project# 12-0546 Rutherford County Response deadline: July 25, 2012 Dear Mr. Rudman: The Division of Water Quality (DWQ)has performed a preliminary review of a 401 Water Quality Certification application submitted for the above referenced property. Additional information will be required in order to complete the review process. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Application item number 5 indicates purpose of the proposed work as shoreline stabilization and sea wall protection. There are no attachments showing the needed stabilization. This agency has no way of determining the need for stabilization from the submitted application. You must submit attachments, such as drawings, photographs (with scale), etc. for review as part of your application. 2. Please provide a valid authorization form granting agent permission to sign the application form by the applicant(Attached). 3. Please explain and provide a brief narrative for the following items: How do you plan to work in the dry and how do you plan to minimize and avoid any surface water impacts during this project, such as turbidity, sediment to the Lake, etc. Please provide a timeline that includes a start date for your project, timing of the Lake Level withdrawal if applicable, and a construction sequence. Please provide a site map with the location of the impacted area and additionally address diffuse flow of storm water issues with this lot. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-45001 FAX:828-299-7043 Oiie Internet:www.ncwaterquality.org NOrthCarollna An Equal Opportunity Y Affirmative Action Employer Nat"711Y Charles Rudman July 3,2012 Page 2 of 2 Please provide your response in writing to the addresses below prior to July 25, 2012. Four copies of the required information should be provided to the Wetlands, Buffers, Stormwater Compliance and Permitting Unit at: Mr. Ian McMillan WeBSCaPe Unit 1650 Mail Service Center Raleigh,NC 27699-1650 and a single copy to the Asheville Regional Office at: Tim Fox Surface Water Protection Section 2090 US HWY 70 Swannanoa,NC 28778 If we do not hear from you by the deadline,we will assume that you no longer want to pursue this project and we will consider the project withdrawn. This letter only addresses the preliminary application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time)by the DWQ. Please call Tim Fox 828-296-4664, if you have any questions. Sincerely, s Chuck Cranford, Regional Supervisor Surface Water Protection Asheville Regional Office cc: Steve Kichefski-US Army Corps of Engineers Asheville Field Office David McHenry-North Carolina Wildlife Resources Commission Karen Higgins - WeBSCaPe Unit County Planning Jonathan Hinkle—Marathon Builders of WNC INC ARO File copy S:\SWP\Rutherford\401s\Non-DOT\Charles Rudman\ADDINFO.401Rudman.07.01.2012.doc RMERR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 3,2012 Lemuel and Sandra Oates 3737 Howard gap Road Hendersonville,N.C. 28792 Subject: 401 Water Quality Certification -Approval Lemuel and Sandra Oates Bank Stabilization Project DWQ Project# 12-0360 Rutherford County Broad Basin/Lake Lure/9-(17)/B;Tr Dear Mr. or Ms. Oates: 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 approximately 241 linear feet of open waters for the purpose of bank stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General 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, buffer and floodplain 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 Waters Approx. 241 linear feet Lake Lure Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-45001 FAX:828-299-7043 1�TOfie 1,�+ Internet:www.ncwaterquality.org lY OrtliCarolina An Equal Opportunity 1 Affirmative Action Employer Naturally Lemuel and Sandra Oates 07/03/2012 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result i'. 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 Tim Fox in the Asheville Regional Office at 828- 296-4664. Sincerely, Charles Wakil , P.E., Director CWltrf Enc: GC3898 Certificate of Completion cc: USACE Asheville Regulatory Field Office WeBSCaPe Unit—Central Office J Melanie Brethauer- WNC Professional Engineers & Surveyors, PLLC File Copy S:\SWP\Rutherford\401s\Non-DOT\Lemuel&Sandra Oates\APRVL.401 Oates.07.01.2012.doc �A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 3, 2012 Stephen&Lisa Nikkrant 433 Meadow Road Kings Park,NY 11754 Subject: 401 Water Quality Certification -Approval Project Name: Stephen&Lisa Nikrant Stabilization Project DWQ Project#DWQ# 12-0599 McDowell County Catawba/Lake James/ 11-8 /C Dear Mr. or Ms.Nikrant: 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 900 square feet of open waters for the purpose of bank stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General 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, buffer and flood plain 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 Waters 900 square feet total Lake James Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-450M FAX:828-299-7043 1 0I`tl1 Cc1TOl.irla Internet:www.ncwaterquality.org Rtura`Cl�/ An Equal Opportunitv'',Affirmative Action Emolover Stephen and Lisa Nikrant July 3,2012 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 Tim Fox in the Asheville Regional Office at 828- 296-4664. Sincerely, Charles Wakil , P.E., Director CWltrf Enc: GC3898 Certificate of Completion cc: USACE Asheville Regulatory Field Office WeBSCaPe Unit—Central Office Carissa Parker Bennick Enterprises, LLC File Copy S:\SWP\McDowell\401s\Non-DOT\Stephen&Lisa Nikrant\APRVL.401Stephen&LisaNikrant.07.01.2012.doc .Q- wh NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION July 3, 2012 Dan Candiano 1132 Lahinch Court Dyer, IN 46311 Subject: Permit Number WQ0036018 Altura Lot 25 Pump and Haul Dan Candiano 8 Dimora Drive Buncombe County Dear Mr. Candiano: In accordance with your application received June 19, 2012, we are forwarding herewith Permit No. W00036018, dated July 3, 2012, to you for the Pump and Haul of wastewater from Altura Lot 25. . This permit shall be effective from the date of issuance until January 3, 2013 and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements in this permit. Failure to establish an adequate system for collecting and maintaining the required operational information will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable to you, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. The 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 requests are made, this permit shall be final and binding. One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this matter, please contact the Asheville Regional Office at 828/296-4500. Sincerely, or Charles Wakild, P.E. Division of Water Quality Enclosure cc: Buncombe County Health Department ARO Files Brooks Engineering Central Files North Carolina Division of Water Quality,Asheville Regional Office Location:2090 U.S.Hwy.70,Swannanoa,North Carolina 27107 On.,flle�t, Phone:828-296-45001 FAX:828-299-7043 NQ1 ecaro na Internet:www.ncwaterquality.org �7►��` ,[L�N�i//� An Equal Opportunity 1 Affirmative Action Employer � l NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH PUMP AND HAUL 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 Dan Candiano Buncombe County FOR THE Pump and Haul operation to serve 8 Dimora Drive Altura Lot 25, development site with no discharge of wastes to the surface waters, pursuant to the application received August 22, 2011 and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until February 25, 2012 and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the subject pump and haul activities are carried out in a manner which has been approved by this Division. 2. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The facilities shall be properly maintained and operated at all times. 4. This permit is not transferable. In the event there is a desire for a change in facility ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Water Quality accompanied by an application 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. ' 5. No type of other than that from shall be included in the pump and haul activities. 6. The permit shall become voidable unless the agreement between Dan Candiano and Able Septic Tank Service for the collection, transportation, and ultimate disposal of the wastewater is in full force and effect. 7. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall cease operation of all pump and haul activities and take such immediate corrective action as may be required by this Division. 8. This Pump and Haul Permit shall not be renewed. 9. The sewage and wastewater collected by this system shall be treated in the Municipal Sewerage of Buncombe County WWTP, NPDES NC0024911 prior to being discharged into the receiving stream. 10. The Asheville Regional Office, telephone number 828/296-4500, shall be notified at least forty-eight (48) hours in advance of operation of the pump and haul activities so that an in-place inspection may be made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. 11. The Permittee is liable for any damages caused by a spill or failure of the pump and haul operations. 12. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to insure proper operation of the subject facilities. 13. The Permittee or his designee shall inspect the collection facilities to prevent malfunctions and deterioration, operator errors and discharges which may cause or lead to the release of wastes to the environment, a threat to human health, or a nuisance. The Permittee shall keep an inspection log or summary including at least the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections shall be maintained by the Permittee for as long as the pump and haul activities are being conducted and shall be made available upon request to the Division of Water Quality or other permitting authority. 14. Any duly authorized officer, employee, or representative of the Division of Water Quality may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the collection facilities at any reasonable time for the purpose of determining compliance with this permit; inspect or copy any records that must be kept under the terms and conditions of this permit; and may obtain samples. 15. An accurate record of the monthly pump and haul activities must be maintained by the Permittee, indicating: a) date wastewater is removed from the facility, b) name of facility from which wastewater is removed, c) name of facility receiving wastewater, d) volume of wastewater removed, and e) status of permanent disposal option. These records shall be submitted to the Asheville Regional Office on or before the fifteenth (15) day of the following month. 16. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality in accordance with North Carolina General Statute 143-215.6. 17. 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. 18. The Permittee shall provide for the installation and maintenance of an audible and visual high-water alarm. 19. A leakage test shall be performed on the septic tank and dosing tank to insure that any exfiltration occurs at a rate which does not exceed twenty (20) gallons per twenty-four (24) hour per 1,000 gallons of tank capacity. The engineer's certification will serve as proof of compliance with this condition. 20. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the project. 21. Non-Compliance Notification: The Permittee shall report by telephone to the Asheville Regional Office, at 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 any of the following: a. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failure of pumps, aerators, compressors, etc. b. Any failure of a pumping station, sewer line, etc. resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. ��, Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. 22. Upon completion of construction and prior to operation of the subject pump and haul activities, a certification must be received from a professional engineer certifying that the permitted facilities have been installed in accordance with this permit, the approved plans and specifications. Mail the certification to the Division of Water Quality-Surface Water Protection Section, US Highway 70, Swannanoa, NC 28778 23. The annual administering and compliance fee must be paid by the Permittee within thirty (30) days after being billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action to revoke this permit as specified by 15 NCAC 2T.0105 (e)(2). Permit issued this the third day of July, 2012 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION /Charles Wakild, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0036018 July 3, 2012 Buncombe County Engineer's Certification as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, for (Project) (Name of Location) 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 and intent of the approved plans and specifications. Signature Registration No. Date NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 5, 2012 Mr. R. Belvin Hall, Assistant Director, Maintenance Buncombe County Schools 175 Bingham Road Asheville, North Carolina 28806 Subject: NOTICE OF VIOLATION NOV-2012-LV-0335 Permit No. NCO073814 North Buncombe Elementary School WWTP Buncombe County Dear Mr. Hall: A review of North Buncombe Elementary School's WWTP monitoring report for April 2012 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Nitrogen, Ammonia Total 04/30/2012 7.4 mg/l 8.63 mg/I Monthly (as N) - Concentration Average Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Al 1 ) Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files RPB Systems/ORC One S:1SlAIP'.Buncombeiv'Vastesnlater'\Minors`•:Ncrth Bunc Bern Sch 73814\N0 -2012-LJ-0335.doc WAhCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org FAX (828)299-7043 �'� 4�-� \:�� { - NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Jerly Eaves Pet-due Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 5, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 1936 Mr. R. Belvin Hall Buncombe County Schools North Buncombe High School 175 Bingham Road Asheville,North Carolina 28806 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0336 North Buncombe High School WWTP NPDES Permit No.NCO061182 Buncombe County 1, Dear Mr. Hall: A review of the March 2012 self-monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Reported Value Permit Limit 03/31/2012 001 BOD 35.65 mg/1 30 mg/1 03/07/2012 001 Fecal coliform 600 #/ 100 ml 400 #/ 100 ml 03/28/2012 001 Fecal coliform 460 #/ 100 ml 400 #/100 ml A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.N00061182. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the March 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SCRFAC[ WATER.PROTECTION SECTION 1SHEEVII LE REGIONAL.OFFICE Location:2090 U.S Highway 70 S«annrtttoa,North Carolina 28778 one Phone:824 296-4W Lax:828 299-7043 NorthCarollna Internet:http://portal.nedenr.org/web/wq _9' d►'1 atural& An Equal Oppwtunity',Affirmative Action Employer-->04•o Recycled''10'!.POSt COJI umer hnper !t Mr. R. Belvin Hall July 5, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division\ot'\ Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files Bob Guerra/DWQ Point Source Branch 4 51.�' ":13rErtctrrrrh haste 4.,t<r lini;r. o!tlr Rune IIi,,h Sch cil 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 6, 2012 Mr. Radford L. Thomas, Director, Public Utilities City of Lenoir P.O. Box 958 Lenoir, North Carolina 28645-0958 Subject: NOTICE OF VIOLATION NOV-2012-LV-0341 Permit No. NCO023981 Lower Creek WWTP Caldwell County Dear Mr. Thomas: A review of Lower Creek WWTP's monitoring report for March 2012 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Nitrogen, Ammonia Total 03/31/2012 4.6 mg/I 5.49 mg/I Monthly (as N) - Concentration Average Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/2964600. Sincerely, 1-7 Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files Monte L. Wall/ORC S:,Stt+JP\Caldwell\b'vastewater`municipal\Lower Creek Wv`JTP 23981\N0V-2012-LV-0341 Am NoithCarolina ,Naturq!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.ora FAX (828)299-7043 AN ..M+.�rwl►� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 6, 2012 Mr. John Vanderschaaf Waterford Place Property Owners Association 10 Lakeview Court Brevard, North Carolina 28712 Subject: NOTICE OF DEFICIENCY NOD-2012-MV-0036 Permit No. NCO055905 Waterford Place WWTP Transylvania County Dear Mr. Vanderschaaf: A review of Waterford Place WWTP's monitoring report for March 2012 showed the following violation: Parameter Date Measuring Violation Frequency DO, Oxygen, Dissolved 03/03/2012 Weekly Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 8281296-4500. Sincerely, k',,IChuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James & James Environmental/ORC S:ISWP1TransylvanialWastewateritvfinorslV4aterford P,'-ace 559051,NOD-2012-MV-0036.doc No thCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterauality.org FAX (828)299-7043 AIXI;:I► WNW North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary July 6, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 1943 Mr. Bo Caldwell, Senior Director Henderson County Board Of Education West Henderson High School 414 Fourth Avenue West Hendersonville,North Carolina 28793 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0340 West Henderson High School WWTP NPDES Permit No. NCO066681 Henderson County Dear Mr. Caldwell: A review of the February 2012 self-monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 02/01/2012 001 TSS 66 mg/1 45 mg/1 02/29/2012 001 TSS 35.9 mg/1 30 mg/1 A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NCO066681. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the February 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this office within the 10-day period, a civil penalty assessment may be prepared. SURFACE W A I'I R PROTECTION SECTION AS1 E-.VI1 LE RF..GIONAI_:OFFICE [CE Location:2090 U.S Highway 70.Swannanaa.North Carolina 28778 Otte Phone:824 29(,-4�00\Fax:828 299-7043 V%w 1�lOrtllCar011na Internet:http://portal.ncdenr.org/weblwg �? f�ij,��f� An E11LIA Opportunity'.Affinnative Action Employer—a0°ti Recvcledi104,b Post Consumer paper V b l Mr. Bo Caldwell July 6, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828-296-4500. Sincerely, op,,;/Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files Bob Guerra/DWQ Point Source Branch ;StV}'.Eter lerscm t1<tst ti�rt�t liinor lest liendcrsoji HI_L'hSdiool66691 N{:)V-NRF-?412 tV-O 4(.I.dc?c fi;: NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 6, 2012 Mr. Bo Caldwell, Senior Director Henderson County Board of Education 414 Fourth Avenue West Hendersonville, North Carolina 28793 Subject: NOTICE OF VIOLATION NOV-2012-LV-0339 Permit No. NCO066664 Rugby Middle School WWTP Henderson County Dear Mr. Caldwell: A review of Rugby Middle School's %VWTP monitoring report for April 2012 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 04/24/2012 400#1100ml 600#/100ml Daily Maximum Broth,44.5C Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a responses be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 8281296-4500. Sincerely, . � s huck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files Trevor C. McMinn/ORC S;SWP\Henderson\Wastewater\Minors\Rugby Middle School 66664\N0V-2012-LV-0339.doc WAhCarolina ,Natura!!'y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org FAX (828)299-7043 A&4# NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 6, 2012 Mr. R. Belvin Hall, Assistant Director, Maintenance Buncombe County Schools 175 Bingham Road Asheville, North Carolina 28806 Subject: NOTICE OF VIOLATION NOV-2012-LV-0337 Permit No. NCO061182 North Buncombe High School WWTP Buncombe County Dear Mr. Hall: A review of North Buncombe High School's WWTP monitoring report for April 2012 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 04/24/2012 400#/100ml 600#/100ml Daily Maximum Broth,44.5C Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, `.W , F� 6 /Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files RPB Systems/ORC One S:tSWPlBuncombetWastewaterlNlinorstNorth Bunc High Soh 611821N0V-2012-LV-0337.doc No thCarolina Natur,111Y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.orq FAX (828)299-7043 ��, ��, �J AFT4 ,� NCD►ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary July 6,2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 1950 John Boone,Mayor Town of Elk Park Elk Park WWTP P.O. Box 248 Elk Park,North Carolina 28622 Subj ect: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0338 Elk Park WWTP NPDES Permit No.NCO079561 Avery County Dear Honorable Boone: A review of the April 2012 self-monitoring report for the subject facility revealed a violation of the following parameter: Date Outfall Parameter Reported Value Permit Limit 04/30/2012 001 Ammonia Nitrogen 5.5 mg/1 4.2 mg/1 A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0079561. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the April 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this office within the 10-day period, a civil penalty assessment may be prepared. SLJRFACE WATER PROTECTION SECTION ASHE,VII I E REGIONAL OFFICE Location:2090 US HiRhway 70,Swam moa,North Carolina 28778 One Phone:828 296-4�00\Fax:828 299-7043 NorthCarollina Internee http:llpor al.nrdenr.org/webtwg) AdUrAA41/ An Equal Opportunity`Affinnative.Action Employer--50%Recycled%U)"ti Post Consumer paper Mr. John Boone, Mayor July 6, 2012 Page Two Remedial actions,if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828-296-4500. Sincerely, huck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files - Bob Guerra/DWQ Point Source Branch A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality ,everly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 10,2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7009 1680 0000 7515 29so Mr. David Wack, Director of Plant Services Fletcher Academy Inc. Fletcher Academy WWTP P.O. Box 5335 Fletcher,North Carolina 28732 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0345 Fletcher Academy WWTP NPDES Permit No. NCO036641 Henderson County Dear Mr. Wack: A review of the January 2012 self-monitoring report for the subject facility revealed a violation of the following parameter: Date Outfall Parameter Reported Value Permit Limit 01/31/2012 001 Ammonia Nitrogen 14.2 mg/1 11 mg/1 A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE)is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0036641. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance, or discuss overall compliance please respond in writing within ten(10)days after receipt of this Notice. A review of your response will be considered along with any information provided on the January 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACE WATER PROTECTION SECTION ASI-IEiVIt.1:E REGIONAL.OFFICE Location.2090 U.S.Highway 70,Swannatioa,North Carolina 28778 One Phone:828-296-4500\Fa<x:828 299-7043 NOTChCarohlla Internet http:l/portal.ncdenr.orglweb/wg X�.unai/lf ''.An Equal Opportunity Affirmative Action Employer-')0%Recycled;M',o Post Consumer paper it Mr. David Wack July 10, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of`. Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, z Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files Bob Guerra/DWQ Point Source Branch S.4tt i3 It ndzr c=�F t1'�t a+tt r: tinnr,':1'letdier Acadcm --'66 i NOV-\K[?-2012-1.- U �t;.di)c 4 NCDEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 10, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7009 1680 0000 7515 2984 Mr. David Wack, Director of Plant Services Fletcher Academy Inc. Fletcher Academy WWTP P.O. Box 5335 Fletcher,North Carolina 28732 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0346 Fletcher Academy WWTP NPDES Permit No. NCO036641 Henderson County Dear Mr. Wack: A review of the February 2012 self-monitoring report for the subject facility revealed a violation of the following parameter: Date Outfall Parameter Reported Value Permit Limit 02/29/2012 001 Ammonia Nitrogen 18.6 mg/1 11 mg/l A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NCO036641. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the February 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACE E WATER PROTECTION SECTION-:BSI-]EVILI.,E REGIONAL.OFFICE; Location:2090 U.S.Highway 70.Swannanoa,North Carolina 28778 One Phone:838-296-4500\Fay 828-299 704 NorthCarollna Internet:ham://portal.nodenr.om web/wg4n Naftfralli, An Equal opportunity'•.Af rniative Action Employer-50%Recyc1edr'10%Post Consumer paper Mr. David Wack July 10, 2012 Page Two \� Remedial actions, if not already implemented, should be taken to correct any problems. The Division of`. Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files Bob Guerra/DWQ Point Source Branch 5 Sl"f`}fen derso'Mante+,vtterl-linor:\.11etc}ter Academy 46641`::Nt)ti'-tilt[.-'01?-I,�'-034ti.3 c �V NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Governor Dee Freeman Director Secretary July 10, 2012 Jim Huff Madison Co. Solid Waste Facility 271 Craig Rudisill Rd Marshall NC 28753 SUBJECT: NPDES Stormwater Permit Compliance Inspection Madison Co. Solid Waste Facility Permit No: NCG120082 Madison County Dear Mr. Huff. This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on June 6,2012. The facility was found to be in compliance with permit NCG 120082, but is required to alter sampling preparation to maintain compliance. Sampling for the landfill in 2011 was insufficient due to preparation. It is required that the landfill have the sampling bottles onsite in preparation for stormwater sampling events. Analytical Monitoring as required by the permit(Part II, Section B) is to be performed at all outfalls (OF), especially OF 3 & OF 4. If samples are not obtained twice in 2012 at these outfalls the landfill will be placed under riionthly monitoring restrictions. Attached is a Representative Outfall Status (ROS)Request Form, feel free to contact me for assistance in filling this out. It was noted during the inspection that sampling the pond nears its outfall structure would not only be easier for personnel but also better represent the water quality to the receiving stream. Baseflow samples obtained during the inspection from the pond indicate compliance. However, stormflow samples and baseflow samples may not be consistent, it is suggested the landfill gather some samples from the pond during stormflow events to gage compliance. Then if you would like to request ROS status at the pond in lieu of sampling at OF 1, OF 2 & OF 3 contact me for assistance with the request form. Enclosed is a copy of the Compliance Inspection Report, which contains important information for your reference. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296450M FAX:828-299-7043 1�T 7 Internet:www.ncwaterquality.org One No thCc`!rohllc`1 An Equal Opportunity i Affirmative Action Employer {Zu��"� Madison Co.Landfill July 10,2012 Page Two Please contact me at(828) 296-4500 or linda.wiggskncdenr.gov, if I can be of any further assistance. Sincerely, Linda Wiggs Environmental Specialist Surface Water Protection Enclosure: ROS Form Compliance Report cc: Central Files Asheville Files DWM-ARO SASWP\Madison\Stormwater\NCG12 Landfills\Madison Co Landfill NCG120082Vune 2012 visit\CULTR.2012.doc �y/ Compliance Inspection Report Permit: NCG120082 Effective: 12/08/09 Expiration: 10/31/12 Owner: Madison Co Board of Commissioners SOC: Effective: Expiration: Facility: Madison Co.Solid Waste Facility County: Madison 271 Craid Rudisill Rd Region: Asheville Marshall NC 28753 Contact Person: Jim Huff Title: Phone: 828-648-2311 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 06/06/2012 Entry Time: 10:00 AM Exit Time: 11:45 AM Primary Inspector: Linda S Wiggs Phone: 828-296-4500 Secondary Inspector(s): Ext.4653 Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Landfill Stormwater Discharge COC Facility Status: ■ Compliant ❑ Not Compliant Question Areas: Storm Water (See attachment summary) Page: 1 Permit: NCG120082 Owner-Facility: Madison.Co BoaWof Commissioners Inspection Date: 06/06/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Site visit conducted with Div.Waste Mgt. Stream samples were obtained during baseflow conditions. Stormwater Discharge Outfall (SDO) 1&2(Outfall (OF) 1 &2)rarely discharge according to landfill personnel.The basins have not been cleaned out, but the drainage area is grassed. SDO 3(OF 3)discharges sometimes according to personnel.The ditch from this outfall has some erosion that needs to be watched. Baseflow field parameters in the UT below this outfall were as follows: Dissolved Oxygen (DO)8.2 mg/I, Temp(T) 16 c, pH 6.3 su, Conductivity 128 uS. SDO 4(OF 4)is a small UT receiving drainage Area (DA)4,5,6. This area does discharge regularly and is required to be sampled. This area is the active C&D landfill; basins at DA 4 and DA 6 are functioning somewhat as wetlands.As long as design capacity is not compromised, allowing these basins to take on wetland characteristics is ok. The wetland can aid in treatment. Personnel will have to make sure that invasive wetland plants do not take over and that the flows evenly discharge through the outlet structure. DA 4 needs groundcover(GC)improvment near inflow to basin,the use of mulch to improve GC is acceptable. Baseflow field parameters in the small UT below OF 4 were: DO 5.9 mg/I,T 17 c, pH 7.1 su, Cond 329 uS. Upstream Samples: In the pasture baseflow field parameters from the UT just upstream of confluence with small UT receiving OF 4 were: DO 4.0 mg/l,T 17 c, pH 5.8 su,Cond 114 uS. Pond Samples: Baseflow field parameters in the pond near the,outlet'were: DO 8.7 mg/l,T 25 c, pH 8.0 su, Cond 148 uS, and Turbidity 37 NTU. Analytical Samples:Analytical samples obtained instream at baseflow were: Small UT below OF 4; COD 27 mg/l, UT midstream near OF 3; COD<20 mg/I; Downstream in the pond near the outlet;COD 23 mg/I, Fecal Coliform 8 cfu/100ml. Sampling for the landfill in 2011 was insufficient due to preparation. It is required that the landfill have the sampling bottles onsite in preparation for stormwater sampling events.The commercial lab will provide a supply of bottles for the landfill. Sampling as required by the permit is to be sampled at all outfalls. If samples are not obtained twice in 2012(July-Dec)at these outfalls,especially OF 3&4,the landfill will be placed under monthly monitoring restrictions.Please contact me with sampling results. The landfill should consider Representative Outfall Status (ROS). I have included the request form in the correspondence. I would suggest gathering samples from the pond during several rainfall events for compliance and then consider requesting ROS at the pond near its outlet structure in lieu of sampling at OF 1, OF 2&OF 3. Again the landfill should contact me with their sampling strategy and results for guidance. Page: 2 Permit: NCG120082 Owner-Facility: Madison Co Board of Commissioners Inspection Date: 06/06/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ ❑ ❑ ❑ #Does the Plan include a General Location(USGS)map? ■ ❑ ❑ ❑ #Does the Plan include a"Narrative Description of Practices"? ❑ ❑ ❑ ■ #Does the Plan include a detailed site map including outfall locations and drainage areas? ■ ❑ ❑ ❑ #Does the Plan include a list of significant spills occurring during the past 3 years? ❑ ❑ ❑ ■ #Has the facility evaluated feasible alternatives to current practices? ❑ ❑ ❑ ■ #Does the facility provide all necessary secondary containment? ■ ❑ ❑ ❑ #Does the Plan include a BMP summary? ❑ ❑ ❑ ■ #Does the Plan include a Spill Prevention and Response Plan(SPRP)? ❑ ❑ ❑ ■ #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ❑ ❑ ❑ ■ #Does the facility provide and document Employee Training? ;.i-. ; ❑ ❑ ❑ ■ #Does the Plan include a list of Responsible Party(s)? ❑ ❑ ❑ ■ #Is the Plan reviewed and updated annually? ❑ ❑ ❑ ■ #Does the Plan include a Stormwater Facility Inspection Program? ❑ ❑ ❑ ■ Has the Stormwater Pollution Prevention Plan been implemented? ❑ ❑ ❑ ❑ Comment: The entire SPPP was not evaluated. Site visit with Waste Mgt. staff. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually:? ■ ❑ ❑ ❑ Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ ❑ ❑ ❑ #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? 1100 ❑ Comment: The site is not prepared for analytical monitoring because they do not have bottles onsite. They are.going to lab to get bottles when they want to sample. Sampling has been scarce since: 010 because of this practice. Permit and Outfalls Yes No NA NE #Is a copy of the Permit and the Certificate of Coverage available at the site? ❑ ❑ i] ■ #Were all outfalls observed during the inspection? ■ ❑ ❑ ❑ #If the facility has representative outfall status,is it properly documented by the Division? ❑ ❑ ■ ❑ #Has the facility evaluated all illicit(non stormwater)discharges? ❑ ❑ ❑ ■ Page: 3 Permit: NCG120082 Owner-Facility: Madison Co Board of Commissioners Inspection Date: 06/06/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Comment: Representative Outfall Status (ROS)could be considered, but it appears they don't want to ask for it. When it was brought up Mr Huff said it was too much trouble to ask. ROS for this facility is likely an economical option. Unless ROS is requested and granted analytical sampling of all outfalls is required. It was mentioned that an easier place for the landfill personnel to sample would be from the pond near the outfall structure. Sampling the pond would also better represent the water quality of the receiving stream. If the landfill would prefer this sampling stategy in lieu of sampling OF 1, 2 & 3 then ROS needs to be requested. See summary. Page: 4 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 10, 2012 Ms. Beverly L. Schwing Pine Mountain Property Owners Association 8456 Wards Gap Road Connelly Springs, North Carolina 28612 Subject: NOTICE OF VIOLATION NOV-2012-LV-0347 Permit No. NCO036935 Pine Mountain Lakes WWTP Burke County Dear Ms. Schwing: A review of Pine Mountain Lakes WWTP's monitoring report for April 2012 showed the following violation. Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 04/16/2012 400#/100ml 430#/100ml Daily Maximum Broth,44.5C Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, r Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James & James Environmental/ORC S tSWP\Burke\VVastewaterllVlinorsiPine!Mountain!_aloes 36935iNOV-2012-I_V-0347.doc No'ithCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwatergualitv.orn FAX (828)299-7043 Afl�llv .a�.� KOEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 12, 2012 Graham County TIP No. 4122 DWQ Project 20100107V.3 NCSR 1117(Moose Branch Road) Approval of 401 Water Quality Certification with Additional Conditions Dr. Gregory J.Thorpe,Ph.D.,Manager Project Development and Environmental Analysis Unit North Carolina Department of Transportation 1598 Mail Service Center Raleigh,North Carolina, 27699-1598 Dear Dr. Thorpe: You have our approval, in accordance with the conditions listed below, for the following impacts in Long Creek for the purpose of replacing the existing Bridge No. 81, over Long Creek,on NCSR 1117(Moose Branch Road)in Graham County: Stream Im acts in the Little Tennessee River Basin Site Permanent Fill Streambank Permanent Temporary Total Stream in Intermittent Stabilization Fill in Impacts in Stream Impacts Stream(linear (linear ft) Perennial Perennial Impact Requiring ft) Stream Stream (linear ft) Mitigation linear ft linear ft linear ft Site 1 0 83 42 0 125 0 Total 0 83 42 0 125 0 Total Permanent Stream Impacts for Project: 125 lin. ft. The project should be constructed in accordance with your application dated June 21, 2012 (received June 26, 2012), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3886, corresponding to the U.S. Army Corps of Engineers Regional General Permit Number 31. In addition, you should acquire any other federal, state or local permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter,and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre, or if total impacts to streams(now or in the SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOI C�1Ca101111a Phone::www.ncwat 1 FAX: 99-7043 �aturalClf Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Dr. Greg Thorpe,Ph.D. July 12,2012 Page Two 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 Carolin� 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. 5. NCDOT is providing off-site mitigation of 42 linear feet through the North Carolina Ecosystem Enhancement Program by letter dated June 21,2011. 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 pre-treating storm water runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. 7. The permittee shall use/Design Standards in Sensitive Watersheds/ [15A NCAC 4B.0124(a)-(e)] in areas draining to (Trout)waters. However,due to the size of the project,NC DOT shall not be required to meet 15A NCAC 4B .0124(a)regarding the maximum amount of uncovered acres. Temporary cover(wheat,millet,or similar annual grain)or permanent herbaceous cover shall be planted on all bare soil within 15 business days of ground disturbing activities to provide erosion control. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control devices such as silt fence,temporary sediment ditches,basins,etc. Matting should be secured in place with staples, .eg Thorpe,Ph.D. 12,2012 age Three stakes, or wherever possible, live stakes of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid,which can impinge and entrap small animals. For the establishment of temporary groundcover within riparian areas,hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer-and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. 8. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 19. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 20. 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. 21. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 22. 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. 23. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 24. 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. 25. 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. Dr. Greg Thorpe,Ph.D. July 12,2012 Page Four 26. 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. 27. 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. 28. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 29. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) \ days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, harles Wakild,P.E.,Director Division of Water Quality Attachments cc: Lori Beckwith,USACE,Asheville Field Office Mark Davis,Division 14,DEO Ed Ingle,Roadside Environmental Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 10-0107V.3(Thorpe)NCSR 1117 Moose Branch Road N�DENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 12, 2012 Kim Jurell 530 Hickory Hill Ln. Cincinnati, OH 45215 Subject: 401 Water Quality Certification -Approval Kim Jurell, Lot 46 DWQ Project# 12-0607 Burke County CTB /Lake James/ 11-(23) WS-V, B Dear Mr. Jurell: he 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 0.066 acres of open waters (485 linear feet) for the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898, This Certification allows you to use Regional General 30 when issued by the US`Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to)'Erosion and Sediment Control and Catawba Buffer regulations. No buffer impacts are approved. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-7043 NOrthCarOlina Internet:www,ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Naturally ' i Kim Jurell July 12,2012 Page 2 of 2 Impacts Approved \ The following impacts are hereby approved as long as all of the other specific and general conditions of\' this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters below lake 0.033 (acres) Application#7 level 1455 sq.ft. Waters above lake 0.033 (acres) Application#8.a. level 1455 sq. ft. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings,6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Linda Wiggs in the Asheville Regional Office at 828-296-4500. ! �` Sincerely, P F s Charles Wakild, P.E., Director CW/lsw Enc: GC3898 Certificate of Completion cc: USACE Asheville Regulatory Field Office WeBSCaPe Unit—Central Office File Copy Burke County Planning-Pete Minter(e-copy) Duke Energy-Wade Harmon(e-copy) Bennick Enterprises-Carissa Parker(e-copy) S:\SWP\Burke\401s\Non-DOT\Kim Jurell,Lk James lot 46\Approval.kimJurell.July 2012.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 12, 2012 New Dimension School Laurie Robinson 550 Lenoir Rd. 112 Rockview Ln. Morganton,NC 28655 Morganton,NC 28655 DWQ Project# 12-0605 Burke County Subject Property: New Dimension School AUTHORIZATION of Catawba River Buffer Rule(15A NCAC 02B .0243)Authorization Certificate Dear Ms. Robinson: You have our authorization, in accordance with 15A NCAC 02B .0243 and any conditions listed below,to impact approximately 784 ft2 of Zone I of the protected riparian buffers for the purpose of constructing the canoe access at the subject property as described within your application dated 6/1/12. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including(but not limited to)Erosion and Sediment Control, Water Supply regulations. This authorization is for the purpose and design'that you described in your application and email submittals. If you change your project,you must notify us and you may be required to send us a new application. If the property is sold,the new owner must be given a copy of this.authorization letter and is thereby responsible for complying with all conditions.This authorization requires you to follow the conditions listed below. 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification(or Isolated Wetland Permit)are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Buffers(zone 1) 784(square ft.) North Carolina Division of Water Quality Intemet: www.ncwaterquality.orQ 2090 HWY 70 Phone: 828-2964500 One Swannanoa,NC 28778 FAX 828-299-7043 NorthCarohna An Equal Opportunity/Affirmative Action Employer—50%Recycled/109%Post Consumer Paper .Naturally New Dimension School July 12,2012 Page 2 of 2 The Additional Conditions of the Authorization are: 2. Diffuse Flow An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC 211 .0243(5). 3. Certificate of Completion Upon completion of all work approved within this authorization,and any subsequent modifications,the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit,North Carolina Division of Water Quality, 1650 Mail Service Center,Raleigh,NC,27699-1650. Any disputes over determinations regarding this AuthorizationCertificate(associated with the approved buffer impacts)shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This Authorization Certificate shall expire five(5)years from the date of this letter. This letter completes the review of the"No Practical Alternatives"determination under 15A NCAC 2B .0243(8).This letter does not authorize any impacts to Waters of the State. Please contact the US Army Corps of Engineers(USACE)or NC Division of Water Quality(DWQ)if ' any impacts are proposed to waters. If you have any questions,please telephone Linda Wiggs of the Asheville Regional Office at 828-296-4500. Sincerely, Charles Wakild,P.E. Enclosures:Certificate of Completion Cc: DWQ 401 Oversight/Express Unit File copy S:\SWP\Burke\401s\Non-DOT\New Dimension School Rvr Access-BUFFER\DimensionSchool.BufferAprvl.July2012.doc '4 ram mja NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 12, 2012 Unimin Corporation Andrew Bradley,Attn: Mike Vencill 107 Harris Mining Company Rd. Spruce Pine,NC 28777 Subject: 401 Water Quality Certification Approval North Toe River Bank Stabilization DWQ Project# 12-0548 Avery County FrB/N.Toe/7-2-(27.7)/C; Tr Dear Mr. Bradley: " The Division of Water Quality(DWQ)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 1140 feet of streams for the purpose of bank 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 3885. 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 neuv,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 1140 (feet) S 1-S4 application Location;2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-450M FAX:828-299-7043 L. Internet:www.ncwaterquality.org 1v One Naturally An Equal Opportunity 1 Affirmative Action Employer Unimin-N.Toe Bank Stabilization July 12,2012 Page 2 of 2 i ' Conditions 1. Stream/Structure Stability Monitoring Upon completion of construction activities the structures shall be surveyed, as-built drawings developed along with photo documentation of the project; all shall be submitted to DWQ. Also included in the as- built submittal, with photo documentation, shall be the location and restoration technique of the access areas and the ford. Annually for three years this project shall be monitored. An annual report shall be submitted to the DWQ including a narrative of findings, surveys,repairs needed, and photographic documentation of conditions at the structures and access areas. The as-built submittal shall be submitted within 30 days of the completion of the project,then for three years thereafter the annual reports shall be submitted. Submit the as-built submittal and annual reports to Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778. The Division of Water Quality, Asheville Regional Office, requires contact be made approximately two weeks prior to beginning construction activities. All comments submitted in the NC Wildlife Resources Commission letter dated July 3, 2012 are hereby incorporated into this approval. Violations of any condition herein set forth may resVlf,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, �f Charles Wakild, O-E., Director CW/1SW Enc: GC3885 Certificate of Completion cc: USACE Asheville Regulatory Field Office WeBSCaPe Unit—Central Office File Copy Wildlife Resources Commission-Dave Mc Henry Clear Water(e-copy) S:\SWP\Avery\401s\Non-DOT\North Toe River Bank Stabilizaton\NToegvr.Approval.July 2012.doc �fiiT A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary 4 Julyl2, 2012 Mountain Recycling W.Z. Baumgartner&Assoc. Scott Kiser Jason Winningham 1581 US Hwy 70 PO Box 680369 Connelly Springs NC 28612 Franklin, Tenn. 37068-0369 SUBJECT: Monitoring Requirements Griffin-Gordon Mountain Recycling, LLC Permit No: NCG200448 Burke County Dear Messrs. Kiser and Winningham: This letter is in follow-up to the correspondence dated May 25, 2012 and July 5, 2012 received by Division of Water Quality from W.Z. Baumgartnpr,8;,Associates. The recommendations made to improve the stormwater pollution loads are good options.,. I am still concerned that the plastic lined basin isn't functioning at optimum efficiency. Regardless, I think the recommendation will be beneficial. However,monthly monitoring is still in effect. One stormwater sampling event is not enough to evaluate improvements. I understand the offsite contributors to your system and suggest further sampling of those contributors_on occasions, but more data is still needed from your outfall. Moreover,the difference between the offsite contributors and your outfall is enough to warrant continued sampling. If it will save money,omitting the Oil and Grease parameter from your sampling is acceptable during this evaluation period. Please remember that all of your sampling data should be submitted monthly to me at the following address: Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778. If you wish to submit results to me via fax or email that is acceptable as well. Please contact me at(828) 296-4500 or linda.wiggsgncdenr.gov, if I can be of any further assistance. Sincerely, Linda Wiggs Environmental Specialist Surface Water Protection cc: Asheville Files S:\SWP\l3urke\Stormwater\NCG20 Scrap Metal\Griffm-Mountain Recycle\sampling2.LTR.July2012.doc 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,ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer ��� ���" �.. ����/' %- '� i Affl:.N�AA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 13, 2012 Anne Garrett, Superintendent Haywood County Schools 1230 N. Main Street Waynesville, NC 28786 Subject: Tuscola High School Chemical Disposal Dear Dr. Garrett: It has come to the attention of the Division of Water Quality that floor stripping chemicals were improperly disposed to the stormwater system at Tuscola High School on or about June 12, 2012. The Division further understands that the Division of Waste Management (DWM) has visited the site and overseen remediation activities, which appear satisfactory to the Division. Improper disposal of chemicals, or what can be considered wastewater, to waters of the State can lead to Notices of Violation and civil penalties. Please be sure any maintenance activities at Haywood County Schools comply with water quality rules and regulations to protect the environment and prevent enforcement actions. The DWM report received by the Division appears to indicate the school system has addressed the situation. Therefore, the Division will not pursue further action at this time. Thank you for your cooperation in this matter and contact me if I can be of any assistance at 828-296-4650 or chuck.cranfordCa)-ncdenr.gov. Sincerely, Chuck Cranford Regional Office Supervisor Surface Water Protection SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCaTolina Phone:828-296-4500 FAX:828-299-7043 Internet: www.newaterquality.org Naturallrf An Equal Opportunity 1 Affirmative Action Employer I� / a NDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary 7/16/2012 Biltmore Farms Inc. c/o Lee Thomason PO Box 5355 Asheville,NC 28813 Flournoy Development Company c/o Ryan Foster 900 Brookstone Center Parkway Columbus, GA 31904 Subject: Request for More Information 401 Water Quality Certification Project Name Aventine DWQ Project# 12-0589 i Buncombe County Response deadline: August 13, 2012 Dear Mr. Thomason and Mr. Foster: The Division of Water Quality(DWQ)has performed a preliminary review of a 401 Water Quality Certification application submitted for the above referenced property. Additional information will be required in order to complete the review process. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Provide all avoidance and minimization evaluations performed. Evaluations submitted should include options that avoid all onsite wetlands. 2. In order to preserve water resources onsite please modify storm water plan to include diverting a portion of post treated storm water to wetland areas to maintain hydrology of wetlands. 3. Enumerate what the temporary impacts are and what they are needed for. Location:2090 U.S.Highway 70,Swannanoa.North Carolina 28778 Phone:828-296-45001 FAX:828-299-7043 1�iOne 1' Internet:www.ncwaterquality.org NoTthCarolina An Equal Opportunity\Affirmative Action Employer atrr !!r Biltmore farms LLC/Floumoy Development Company 07/16/2012 Page 2 of 2 Please provide your response in writing to the addresses below prior to August 13, 2012. Four copies of\ required information should be provided to the Wetlands, Buffers, Stormwater Compliance and Permitting`, at: Mr. Ian McMillan WeBSCaPe Unit 1650 Mail Service Center Raleigh,NC 27699-1650 and a single copy to the Asheville Regional Office at: Tim Fox Surface Water Protection Section 2090 US HWY 70 Swannanoa,NC 28778 If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and we will consider the project withdrawn. This letter only addresses the preliminary application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized(at this time) by the DWQ. Please call Tim Fox 828-296-4664, if you have any questions. Sincerely, Chuck C�``anford, Regional Supervisor Surface Water Protection Asheville Regional Office cc: Tasha McCormick-US Army Corps of Engineers Asheville Field Office David McHenry-North Carolina Wildlife Resources Commission Karen Higgins- WeBSCaPe Unit Clement Riddle—C1earWater Environmental Consultants, Inc. McCray Coates—City of Asheville Stormwater Services William Buie, P.E.—William G. Lapsley&Associates, P.A. County Planning ARO File copy AddInfo.401 Aventine.07-16-12.do c NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 16, 2012 Roger Boatman 5844 Kaylee Ann Dr. Granite Falls,NC 28630 Subject: 401 Water Quality Certification -Approval Roger Boatman DWQ Project# 120641 Caldwell County CTB/Lake Rhodhiss/ l l-(37)/WS-IV, B `CA Dear Mr. Boatman: The Division of Water Quality has completed the review of your 401 Water Quality Certification application ;ociated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 0.043 acres (126 linear ft.) of open waters for the purpose of shoreline stabilization at the subject property. Approval is also granted for buffer impacts of 216 square feet for the purpose of a disability access path with a turn around. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to)Erosion and Sediment Control and 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. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 �ri2 Phone:828-296-450M FAX:828-299-7043 N01'�11Cc`1T01111a Internet:www.ncwaterquality.org Naturally An Equal Opportunity i Affirmative Action Employer Roger Boatman July 16,2012 Page 2 of 2 Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of\ this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters below lake 0.014 (acres) #7. Application level Waters above lake 0.029 (acres) #8.a. Application level Buffers zone 1 120(square ft) Impervious ADA Path Buffers zone 1 16 (square ft) Turn Around Buffers zone 2 80 (square ft.) Impervious ADA Path Additional Conditions: 1, Diffuse Flow An additional condition is that all stormwater shall be.directed as diffuse flow at non-erosive velocities through the protected stream buffers and will not re-concentrate before discharging into the lake as identified within 15A NCAC 2B .0243(5). 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. Sincere 11vV �q i Charles %kill, P.E.,Director Enc: GC3898 Certificate of Completion cc: USACE Asheville Regulatory Field Office WeBSCaPe Unit—Central Office File Copy Duke Energy-Wade Harmon(e-copy) Granite Falls Planning-Greg Wilson (e-copy) S:\SWP\Caldwell\401 s\Non-DOT\Roger Boatman,Lake Rhodhiss\RogerBoatman.Approval.July 2012.doc ' LEI North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 16,2012 Mr.J.B. Setzer,P.E. Division 14 Engineer N.C.Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection NCSR 1783 Upward Road DWQ Project 08-1327 TIP No.R-4430 Henderson County Dear Mr. Setzer: On July 5,2012,I inspected the construction work on Upward Road between US Highway 176 and Howard Gap Road in Henderson County. Construction work is continuing all along Upward Road between Howard Gap Road and US Highway 176 with the main focus on grading,paving and completing the new I-26 Bridge. Please ensure that all sediment and erosion control structures are being maintained as required and that seeding and mulching are being performed as needed,to protect State surface waters. Please refer to the attached copy of the inspection report for additional comments regarding the inspection. If you have questions,please call me at 828-296-4500. Sincerely, Michael R.Parker Environmental Senior Specialist Attachment cc: Aaron Powell Mark Davis,Division 14,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office Upward Road R-4430 Inspection Letter July 2012 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-2964500\FAX:828-299-7043 One Internet:www.ncwatergualitv.org NofthCarohna An Equal Opportunity!Affirmative Action Employer Natllnalll/ Wetland Inspection Report Project Num: 20081327 Version: 1 Status: Issued Project Name: NCDOT-SR 1783(R-4430) Project Type: Road/Highway Widening County: Henderson Region: Asheville Location: NCDOT-SR 1783(R-4430) Latitude: +35'17'51" Longitude: -82°24'25" SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 07/05/2012 Reason for Inspection: Routine Inspection Type:Site Inspection (DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 - Secondary Inspector(s): Facility compliance Status: Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: E Permit(401 WQC) Inspection Summary: Immediately seed and mulch all disturbed areas throughout project. Temporary seed and mulch all disturbed areas along 1-26 ramps and bridge. Install inlet protection at temporary slope drain at 1-26. Install inlet protection at drop inlet below 1-26 bridge in paved ditch. Repair silt fence and washed area near inlet to 48-inch pipe and remove collected silt at outlet. Remove any rock that has fallen into stream below rock plating at stormwater pond. Page: 1 Project Num: 20081327 Owner: NC DOT PDEA \ Inspection Date: 07/05/2012 Inspection Type: Site Inspection(DOT) Reason for Visit: Routine \ Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ n n n Are the culverts and/or filled areas installed properly? ■ n n 0 Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ■ n n n Comment: Page: 2 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality every Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 16, 2012 Greg Cable, Manager Graham County 12 North Main Street Robbinsville, NC 28771 Subject: Permit No. WQ0036O48 Graham county West Fort Hill Road Wastewater Collection System Extension Graham County Dear Mr. Cable: In accordance with your application received June 25, 2012 we are forwarding herewith Permit No. WQ0036O48, dated July 16, 2012, to Graham County for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T 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 thews-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143- 215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE NorthCarollna Location:2090 U.S.Highway 70,Swannanoa,NC 28778 ;Vaturallt� Phone:(828)296-4500 FAX:828 2997043 Internet:www.nmaterquality.org Graham County July 16, 2012 _ F` 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 Graham County for the construction and operation of approximately 789 linear feet of 8-inch gravity sewer; to serve an office building as part of the West Fort Hill Road project, and the discharge of 150 gallons per day of collected domestic wastewater into the Town of Robbinsville's existing sewerage system, pursuant to the application received June 25, 2012 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit; The sewage and wastewater collected by this system shall be treated in the Town of Robbinsville Wastewater Treatment Facility (Permit No. NC0025879) 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 the Asheville Regional Office at (828) 296-4500. Sincerely, ' for Charles Wakild, P.E., Director Division of Water Quality cc: Asheville Regional Office, Surface Water Protection Mike Anderson Engineering Town of Robbinsville Water Quality Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF-ENVIRONMENT ANn NnTURAL-RES URGES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T .0300; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically . mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0300. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0300: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. 1 -- PERMIT-NQ.WQ00364048 Graham County West Fort Hill Road; July 16,", 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection`1. facilities to change ownership, or there is a name change of the Permittee, a formal permit request \ . shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T .0300; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0300; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities_ 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 dMIT NO. W00036404& Graham County West Fort Hill Road. July 16. 2012 a Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any_failure_of a_pumping station or sewer line resulting in a by-pass directly to receiving waters itho..a�_, ah-,tm-r fall-or�ny-po-rtion--ar a�:nfluent to su h station-or ty --- Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the sixteenth of July, 2012 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ;7 for Charles Wdkild, P.E., Director Division of ater Quality By Authority of the Environmental Management Commission Permit Number WQ0036048 3 PERMIT NO WQ00364048. Graham County West Fort Hill Road, July 16` ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: 789 linear feet of 8-incur vity sewer-__ ___-- Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations(selected pumps, system curve, operating point, available storage if portable generator(s)or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEERS CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑weekly, ❑ full time)the construction of the above referenced -> project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T .0300; the Division of Water Quality's(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ................................................................................................. SEND THIS FORM&SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS CHUCK CRANFORD SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ................................................................................................ The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. `' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 17, 2012 Mr. James J. Schenker, Environmental Associate T A Operating LLC 24601 Center Ridge Road Westlake, Ohio 44145-5634 Subject: NOTICE OF VIOLATION NOV-2012-MV-0056 Permit No. NCO085952 Candler Travel Center WWTP Buncombe County Dear Mr. Schenker: A review of Candler Travel Center's WWTP monitoring report for November 2011 showed the following violation: Parameter Date Measuring Violation Frequency DO, Oxygen, Dissolved 11/05/2011 Weekly Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to,correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, ,f Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James & James Environmental/ORC S:1SWP1Buncombel,'NastewaterlMinorslCandler Travel Center 85952,,Nt3V-2012-MV-0056.,ioc No thCarolina ,Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org FAX (828)299-7043 �, `i 1: T • r f • A NCDENFa North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 17, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED loos 16so 0000 751&3011 Mr. George W. Ware, Owner Jonas Ridge Adult Care Facility WWTP P.O. Box 658 Newland,Norh Carolina 28657-0658 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0358 Jonas Ridge Adult Care Facility WWTP NPDES Permit No.NCO060224 Burke County Dear Mr. Ware: A review of the March 2012 self-monitoring report for the subject facility revealed a violation of the following parameter: Date Outfall Parameter Reported Value Permit Limit 03/31/2012 001 Ammonia Nitrogen 4.86 mg/1 4 mg/1 A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0060224. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the March 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. S[ RFAC.[ WATER PROTECTION SECTION ASHEVILLE REGIONAL OFFICE: Location:2090 U-S.Highway 70 Swannanoa,North Carolina 28778 one Phone:828-296-4�00\Far 828-299-7043^ NOTthtar01111a Internet:httpalportal.nedenr.oraiwebtwg Natlln* An Equal Opportunity'`.Affirmative Action Employer--50%Raccc1cd,104,o Yost Consumer paper Mr. George.W. Ware July 17, 2012 Page Two \ Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems,and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files Bob Guerra/DWQ Point Source Branch 4 4t1 P`;3Eirke`,Y�.aste��at4r.Zlinc rs;.to��as Ridge Adult Care 6022 l.NOV-NRF-2i)12 1.V iJ �8.ciiac 7T • ANNNK� ircdENR North Carolina Department of Environment and .Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 17,2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7009 1680 0000 7515 2991 Mr. George W. Ware, Owner Jonas Ridge Adult Care Facility WWTP P.O.Box 658 Newland,Norh Carolina 28657-0658 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0361 Jonas Ridge Adult Care Facility WWTP NPDES Permit No.NCO060224 J Burke County Dear Mr. Ware: A review of the April 2012 self-monitoring report for the subject facility revealed a violation of the following parameter: Date Outfall Parameter Reported Value Permit Limit 04/30/2012 001 Ammonia Nitrogen 5.48 mg/1 2 mg/1 A Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0060224. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the April 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACF WATER PROTECTION SECTION 1SIIEVII.t E:REGIONAE. OFFICE I ovation:2090 U.S Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\Fax:828-299-7043 QNk NC►1'thCar0lina Internet http://portal ncdenr orplwebiwp NQhf41 ,rJ� An Equal Opportututy`,Affirmative Action Employer—50'.'•o RccycIc(J'10'?b post Consumer paper 1` Mr. George W. Ware July 17, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files Bob Guerra/DWQ Point Source Branch S:'6 'P`,Burke\k1 a teivatei :vliiior joji ij Ridal.Adult Care 60324'.INOV-NRE:?()].2 1.V-O'61.it(ic NCDENR North Carolina Department of En---- — en and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary Mr.Bo Caldwell, Senior Director Henderson County Board of Education West Henderson High School 414 Fourth Avenue West Hendersonville,North Carolina 28793 Subject: RESCISSION: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0340 West Henderson High School WWTP NPDES Permit No.NCO066681 Henderson County Dear Mr. Caldwell: The Notice of Violation and Recommendation for Enforcement,tracking#NOV-2012-LV-0340, is being rescinded due to the transposition of results by the Operator in Responsible Charge for TSS and Ammonia Nitrogen on the February 2012 self-monitoring report for West Henderson High School. There are no violations on the February 2012 DMR. The Operator,Mr. Trevor McMinn,has sent the required amended report and dated lab results to Raleigh and to this Office. If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828-296- 4500. Sincerely, '7 r Chuck Cranford,Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files Bob Guerra/DWQ Point Source Branch Trevor C.McMinn/ORC ti,�t'v}� t-I.�n.ii.'1'Sti1\\'lylctE.11t.1.N`tlnttr,\.\�:;t ticnitt'.-r5U11 tll_Wh School 66h81 12,. '-0340.doc SU 11 RFACE'.WATER PROTECTION SECTION—ASHEVILLE;REGIONAL:OFFICE Location:2090 U.S.Highway 70,Swannanoa-North Carolina 28778 One Phone:828-296-4500\Fal:828 299-7043 NorthCarol na Internet:http://portal.ncdenr.org/web/wg atlff,Q//l, An Equal Oppoitmtity.`.Affirmative Action Employer--50°4,Recycled:101N Post Consumer paper tl� \\ i /. l�_J tA. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 18, 2012 Mr. William N. Hughes, Mayor Town of Murphy P.O. Box 130 Murphy, North Carolina 28906-0130 Subject: NOTICE OF VIOLATION NOV-2012-LV-0365 Permit No. NCO020940 Murphy WWTP Cherokee County Dear Mayor Hughes: A review of Murphy WWTP's monitoring report for March 2012 showed the following violation: Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day (20 Deg. C) - 03/31/2012 45 mg/I 54.33 mg/I Weekly Concentration Average Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files S:\SV4'PiC hero kee;lVastewater;rU4unidpaRIUiurphy VGVTP 20940iNOV-2012-!V-0365.doc NorthCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.orq FAX (828)299_7043 '6! �� �j 'A 4"1 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 18, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 1967 Mr. William Hughes, Mayor Town of Murphy P.O. Box 130 Murphy, North Carolina 28906 Subject: NOTICE OF VIOLATION NOV-2012-LV-0364 EMC-SOC-WQ-S11-001 Ad II Permit No. NCO020940 Murphy WWTP Cherokee County Dear Mayor Hughes: On May 13, 2011, the Environmental Management Commission entered into the subject Special Order by Consent (SOC)whereby the subject WWTP was granted relaxed effluent limitations for TSS and Fecal Coliform from those imposed by the NPDES Permit, in exchange for Murphy's commitment to a schedule of wastewater treatment plant improvements that will return the WWTP to compliance with the terms of the NPDES Permit. The SOC contains provisions for the assessment of stipulated penalties when modified limits are exceeded or schedule dates are not met. A review of Murphy WWTP's monitoring report for March 2012 showed the following violations. Parameter Date Interim Limit Reported Value Limit Type Solids, Total Suspended - 03/31/2012 90 mg/I 326.33 mg/I Weekly Concentration Average Exceeded Solids, Total Suspended - 03/03/2012 90 mg/I 126.17 mg/I Weekly Concentration Average Exceeded Solids, Total Suspended - 03/31/2012 75 mg/I 116.12 mg/I Monthly Concentration Average Exceeded You are directed to immediately take whatever remedial actions are necessary to correct the problems that have led to this violation. Section III of the SOC stipulates that a penalty in the amount of $1,000 be paid for noncompliance with any modified limit contained in the SOC. However, Section IV of the SOC lists circumstances under which stipulated penalties are not due, essentially stating this provision is applicable when the Division of Water Quality can be satisfied the non-compliance was caused by events or circumstances beyond the control of the Murphy WWTP. 0➢2 NoMhCarohna IVaturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.nmaterquallty.orn FP.x (828)299-7043 Mayor William N. Hughes July 18, 2012 Page Two If you have information that will prove to the Division that any or all of the criteria set forth in Sectio IV have been met, you must submit this information in writing to the Asheville Regional Office within ten (10) days after receipt of this notice. In the absence of evidence justifying the application of the provision within Section IV, this Office will proceed with assessment of stipulated penalties as provided for in the SOC. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/2964500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch 3:1SWP\Cherokee\Wastewater\Municipai!{murphv WWTP 20940\NOV-2032-LV-0364.doc NCDENR North Carglina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 18, 2012 f John Charles Newton" Sean Rathe 16 Dew Waite Road 14 Dew Waite Road Black Mountain, NC 8711 Black Mountain, NC 28711 Nick Cassizzi 151 Hwy 9 Suite B Black Mountain, NC 28711 Subject: Overflowing Private Sewer Dew Waite Road Buncombe County Response Due: July 23,2012 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, 14 Dew Waite Road owned by Sean Rathe, and 18 Dew Waite Road owned by Nick Cassizzi is overflowing into an adjacent stream. Information indicates that the persons receiving this letter make use of this line. Each residence that is connected to this line is responsible for proper operation and maintenance of the sewer line. Therefore, when an overflow occurs on this sewer line ALL residences connected are responsible for the repair of the sewer line. Failure to repair a sewage overflow can result in assessment of civil penalties of up to$25,000 per day. The discharge of wastewater to the stream must be abated immediately.The Division understands, as of the date of this letter, a repair to the existing line has been complicated by the refusal of Mr. LaBrant to allow anyone access to his property to accomplish repairs. Other options exist to discharge wastewater to the Metropolitan Sewerage District sewer line and, if Mr. LaBrant continues to refuse access and no legal means are evident to enable repairs, those options may be the only viable pursuit. In any case, wastewater generated in your home must be discharged to a properly operating sanitary sewer system or the Division will be forced to pursue enforcement actions. Please respond upon receipt of this letter and no later than the response due date via telephone to me at 828 296-4500 Indic ting how you plan to immediately abate the sewer overflow. Sincerely, Jeff Menzel Environmental Specialist Surface Water Protection SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NOrthCarohna Phone:(828)296-4500\FAX:828 299-7043 Internet:www.ncwaterguality.org S:\SWP\Buncombe\Complaints\Dew Waite Road\Dew Waite sewer overflow 7- �\ �\ �.....'\ �4/ `�./ i A`i NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality ,everly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 19, 2012 USFS-Brady Dodd 160 A Zillicoa St. Asheville,NC 28801 Subject: 401 Water Quality Certification -Approval Boone Fork Stream Rehabilitation DWQ Project# 12-0626 Caldwell County CTB /Boone Frk and UTs/ 11-38-32-12/B, HQW Dear Mr. Dodd: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. '-nproval has been granted to place fill within or otherwise impact 778 feet of streams for the purpose of stream -.habilitation 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 3885. 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 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 60 (feet) S 1 UT Stream 150 (feet) S2 UT Stream 10 (feet) S3 UT Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296450M FAX:828-299-7043 T�TOne t Internet:www.ncwaterquality.org 1V orthCc`3.rolina. Naturally An Equal Opportunity 1 Affirmative Action Employer USFS-Brady Dodd July 19,2012 Page 2 of 2 Stream 528 (feet) S4 Boone Frk Stream 30 (feet) S5 Deep Cove Crk(UT) Additional Condition: I. Stream/Structure Stability Monitoring Upon completion of construction activities, as-built drawings shall be developed along with photo documentation of the project. Monitoring reports shall be submitted to the DWQ annually for three years which include a narrative of findings, any repairs needed,and photographic documentation of conditions of all the rehabilitation areas. Submit the as-built drawing and annual reports to the Division of Water Quality,2090 US HWY 70, Swannanoa,NC 28778. 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 muust 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, Yq Charles Waki�ld, P.E., Director Enc: GC3885 Certificate of Completion cc: USACE Asheville Regulatory Field Office WeBSCaPe Unit—Central Office File Copy WRC-Mark Fowlkes(e-copy) S:\SWP\Caldwell\401s\Non-DOT\Boone Frk Rehab\BooneFrk.Approval.July 2012.doc lrry � ADENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 19,2012 Jackson County TIP No.R-5000 DWQ Project 20120639 Southwestern Community College Connector Approval of 401 Water Quality Certification with Additional Conditions Mr. J.B. Setzer,P.E. Division 14 Engineer North Carolina Department of Transportation 253 Webster Road Sylva,North Carolina,28779 Dear Mr. Setzer: You have our approval, in accordance with the conditions listed below,for the following impacts in an unnamed tributary of the Tuckasegee River,Mill Creek and in two(2)unnamed tributaries of Mill Creek, for the purpose of constructing a new access road to Southwestern Community College and improve traffic flow along NC Highway 116 and NC Highway ` 107 in Jackson County: Stream Impacts in the Little Tennessee River Basin Site Permanent Fill Streambank Permanent Temporary Total Stream in Intermittent Stabilization Fill in Impacts in Stream Impacts Stream (linear Floodplain Perennial Perennial Impact Requiring ft) Benches Stream Stream (linear ft) Mitigation linear ft linear ft linear ft linear ft Site 1 0 130 122 875 1127 122 Site 2 0 20 207 340 567 207 Site 3 0 10 0 0 10 0 Site 4 0 130 5 120 1 255 5 Site 5 0 20 105 100 225 105 Total 0 300 439 1435 2174 439 Total Permanent Stream Impacts for Project: 439 lin. ft.Total Temporary Stream Impacts for Project: 1435 linear ft. Wetland Impacts in the Little Tennessee River Basin(Riparian) Site Fill Fill Excavatio Mechanize Hand Area Total Wetland (ac) (temporary) n d Clearing Clearing under Impact(ac) (ac) (ac) (ac) (ac) Bridge (ac) Wl 0.05 0 0 0 0 0 0.05 Total 0.05 0 0 0 0 0 0.05 -Total Wetland Impact for Project: 0.05 acres. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-296-4500t FAX:828-299-7043 Naturally Internet: www.ncwaterquality.org An Equal Opportunity';Affirmative Action Employer Mr. J. B. Setzer,P.E. A July 19,2012 Page Two The project should be constructed in accordance with your application dated June 27, 2012 (received June 29, 2012) and additional information dated and received July 11, 2012, including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3886, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition,you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future)exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506(h)(6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located__ in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction; activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features B. Setzer,P.E. aty 19, 2012 Page Three 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. 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 pre-treating storm water runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. 6. The permittee shall use/Design Standards in Sensitive Watersheds/[15A NCAC 4B.0124(a)-(e)] in areas draining to (WS-11,HQW, Trout)waters.However, due to the size of the project,NC DOT shall not be required to meet 15A NCAC 4B .0124(a)regarding the maximum amount of uncovered acres. Temporary cover(wheat,millet, or similar annual grain)or permanent herbaceous cover shall be planted on all bare soil within 15 business days of ground disturbing activities to provide erosion control. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control devices such as silt fence;temporary sediment ditches,basins, etc. Matting should be secured in place with staples, stakes, or wherever possible, live stakes of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid,which can impinge and entrap small animals. For the establishment of temporary groundcover within riparian areas,hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer-and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. 7. NCDOT will need to adhere to all appropriate in-water work moratoria prescribed by the North Carolina Wildlife Resources Commission. 8. Compensatory mitigation for 439 linear feet of impact to streams is required. We understand that you have chosen to perform compensatory mitigation for impacts to streams through the North Carolina Ecosystem Enhancement Program(EEP), and that EEP has agreed to implement the mitigation for the project. EEP has indicated in a letter dated July 10, 2012 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above referenced project, in accordance with the EEP Mitigation Banking Instrument signed July,28,2010. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. Mr.J.B. Setzer,P.E. July 19,2012 Page Four 15. 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. 16. 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. 17. 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. 18. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 19. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 20. 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. 21. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 22. 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. 23. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 1 24. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S. d protected riparian buffers. 25. 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. 26. 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. 27. 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. 28 The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 29. 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. .,.B. Setzer,P.E. Ay 19,2012 Page Five If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60) days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, harles Wakild,P.E., �irector Division of Water Quality Attachments cc: Lori Beckwith,USACE,Asheville Field Office Mark Davis,Division 14,DEO Ed Ingle,Roadside Environmental Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 12-0639(Setzer)Southwestern Community College Connector ��./ 1 \::::%' Al" �s NCDEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 20, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 1974 Mr. Cameron McHargue Town of Spindale P.O. Box 186 Spindale,North Carolina 28160 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 NCO020664 Town of Spindale Spindale WWTP Case No. LM-2012-0019 - Rutherford County Dear Mr. McHargue: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$449.50 ($312.50 civil penalty+ $137.00 enforcement costs) against the Town of Spindale. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by the Town of Spindale for the month of January 2012. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0020664. The violations which occurred in January 2012 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Town of Spindale violated the terms, conditions or requirements of NPDES Permit NCO020664 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, Chuck Cranford, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against the Town of Spindale: NorthCarolina X qA M4 SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 Phone:(828)296-4500\FAX: 828 2997043 Internet:www.ncwaterguality.org A I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No $312.50 NC0020664, by discharging waste water into the waters of the State in violation of the Permit Weekly Geometric Mean limit for FEC COLI. $.00 0 of the 1 failures to properly monitor FLOW in violation of NPDES Permit No.NC0020664. $312.50 TOTAL CIVIL PENALTY $137.00 Enforcement Costs $449.50 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 2 82.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice,you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please .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 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing,and Stipulation of Facts"form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to Mary Penny Thompson, General Counsel Department of Environment and Natural Resources �- 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter,as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely Chuck Cranford,Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Asheville Files w/attachments DWQ Central Files w/attachments ' Bob Guerra/Point Source w/attachments 4:',tili( Rtitlitrfor(llLl a te3e lici',l-lunicipai 5pijidaie WW`I P 20664.1_,49 WU12-li()19.cli)c JUSTIFICATION FOR REMISSION REQUEST OWQ Case Number: LM-2012-0019 County: Rutherford Assessed Party: Town of Spindale Permit No.: NC0020664 Amount Assessed: $449.50 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: �� �I f-_ , � __ OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AUNTY OF RUTHERFORD IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS THE TOWN OF SPINDALE/ ) SPINDALE WWTP ) PERMIT NO. NCO020664 ) FILE NO. LM-2012-0019 Having been assessed civil penalties totaling$449.50 for violation(s) as set forth in the assessment document of the Division of Water Quality dated July 20, 2012, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE \\ ^�, t ........ .�J LU ) / / 0 § ( § § § j o 2 > 3 > / . . 2 z ) 00 g §\ §\ . \U \§ . t ) § \ t . � bk ® bk n § §Lu k §LU o � u : `< 2 v v w« Z k \ § § § . \ k -EL S 2 / ■ � { ■ § % C� LLI < c Co z z 04 k z \<UJ §k c 0 CD $ $ 2 < e a . A § _ § t m \ k § § § j � k $ k \ k % k w < LL U.0 § \EL § 0 - 0 S q� 2r CN 04 ® §§ B§ » . v 2 2§ © \ zw - 0 2 r- 2 E ƒ § . § k z / 0 z } . . . ( 5 £ ® £ ��� �1 i `�� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles.Wakild, P. E. Dee Freeman Governor Director Secretary July 20; 2012 Greg Cable, Manager Graham County 12 North Main Street Robbinsville, NC 28771 Subject: Permit No. WQ0036011 Modification Variance Graham County Septage Receiving Station Wastewater Collection System Extension Graham County Dear Mr. Cable: In accordance with your application .received June 7, 2012 and we are forwarding herewith Permit No. WQ0036011, dated July 20, 201i2; to Graham County for the construction - and operation of the subject wastewater `collection'`system extension. This permit shall be effective from the 'date of issuance until rescinded-shall void Permit No. WQ0030610 issued August 3, 2006 and version one of Permit No. VV00036011 dated June 25, 2012. This permit 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. This modification adds a pump station and associated sewer lines for the new RV station. A variance has been granted from the Gravity Sewer Minimum Design Criteria allowing the construction and operation of approximately 25 linear feet of 6-inch gravity sewer; a 20— gallon per minute pump station with a simplex pump, on-site audible and visual high water alarms. The use of this station will be limited to intermittent septage disposal with an attendant present during its use. 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.!4pplicable; 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 here;p,` Qivision approval is based on acceptance of the certification provided by a North Qgrgljna;licensed Professional Engineer in the application. It shall be the Permittee's responsil5 li'ty 10 ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE 2090 U.S.Highway 70,Swannanoa,NC 28778 NOneChCaY011ria Phone:(828)296-4500 FAX:828 2997043 oI' Internet:www.ncwaterqpaIi!y.org atut'al[ An Equal Opportunity 1 Affirmative Action Employer Graham County -WQ0036011 July 20, 2012 Page 2 of 2 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. 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 Applicant for the construction and operation of approximately 25 linear feet of 6-inch gravity sewer; a 20—gallon per minute pump station with a simplex pump, on-site audible and visual high water alarms, as well as approximately 25 linear feet of 2-inch force main to serve a RV septage receiving station, and the discharge of 1000 gallons per day of collected domestic wastewater; and from previous permit WQ0030611, 'approximately 50 linear feet of 2-inch diameter force main and a 23-gallon per minute pump station with grinder type duplex pumps, on-site audible and visual alarms and the discharge of 7,500 gallons per day of septage, into the Down of Robbinsville existing sewerage system, pursuant to the application received June 7, 2012 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Robbinsville Wastewater Treatment Facility (NPDES Permit No. NC0025879) 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 Jeff Menzel at (828) 296-4500. Sincerely, 7 for Charles Wakild, P.E., Director Division of Water Quality cc: McGill Associates Graham County Health Department ARO, Surface Water Protection Section Town of Robbinsville Water Quality Central Files PERCS (electronic copy only) NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and]Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permttee 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 to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional off ., accordance with 15A NCAC 2B .0506(a), and public notice shall be provided required by North Carolina General Statute §143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means.to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems,the Grease Control Program shall include at least bi-annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map, which shall be maintained for the life of the system. 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Per 15A NCAC 2T.0116, upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 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. 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: 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 and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 20th of July, 2012 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Charles,Waki1d,P.E.,Director Division ol�Water Quality by authority of The Environmental Management Commission Permit Number WQ0036011 Modification \\ \1 �_'� �_�� iST TRACK ENGINEERING CERTIFICATION Permittee: Graham County Permit No. W00036011 Modification Variance Project: RV Septage Receiving Station Issue Date: July 20, 2012 County: Graham Complete and submit this form to the permit issuing regional office with the following: • One copy of the project record drawings (plan & profile views and detail drawings of sewer lines) of the wastewater collection system extension. Final record drawings should be clear on the plans. Record drawings should indicate the design and the marked up changes during construction. • 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. Modifications should be submitted prior to certification. This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's Certification and all required supporting documentation. 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 subject 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 02T; 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 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. ArJA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 20, 2012 Randy Smith 2051 NC 226N Marion,NC 28752 Subject: Unauthorized Activity Lots 16, 17, 18 Hidden Forest Drive McDowell County Deadline: August 3,2012 Dear Mr. Smith: On July 2, 2012 Tim Fox, from the Asheville Regional Office of the Division of Water Quality(DWQ) conducted a site inspection at Lots 16, 17, and 18 at Hidden Forest Drive in Marion,N.C. The inspection was a result of a complaint received concerning un- authorized activity concerning work in a stream. Requested Response: Please restore denuded stream banks back to appropriate vegetative growth to prevent sediment from reaching the stream. Remove the two rock darns constructed in the stream channel,by hand,back to their original condition. Please have this completed by the Deadline stated above. In the future please notify appropriate agencies and obtain appropriate permits before doing stream work on your property. I will re-inspect after the deadline. Thank you for your cooperation in resolving these issues. Should you have any questions regarding these matters, please contact me at(828)296-4664 Sincerely, Tim Fox / Environmental Specialist Surface Water Protection Section N.C.Division of Water Quality Asheville Regional Office 2090 U.S.hwy 70 Swannanoa NC 28778 Phone:828-296-45001 One Customer Service:1-877-623-6748 Not`thCarolina Internet:www.ncwaterquality.org Naturally An Equal Opportunity\Affirmative Action Employer Y[l l� AAA La NCDENR a3 North Carolina Carolina Department of Environment and Natural Resources Division of Water Quality erly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary July 17,2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2032 Mr. George W.Ware,Owner Jonas Ridge Adult Care Facility WWTP P.O. Box 658 Newland,Norh Carolina 28657-0658 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0361 Jonas Ridge Adult Care Facility WWTP NPDES Permit No.NCO060224 Burke County Dear Mr. Ware: A review of the April 2012 self-monitoring report for the subject facility revealed a violation of the following parameter: Date Outfall Parameter Reported Value Permit Limit 04/30/2012 001 Ammonia Nitrogen 5.48 mg/1 2 mg/1 A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0060224. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the April 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. S[ RFACE WATER.]`ER.PROTECTION SECTION ION--ASHE;VII 1 E REGIONAL OFFICE Location:2090 U.S.Highway 70 Swannanoa,North Carolina 28778 One Phone:828-296-4500`Fax:$28 299-7043 QM NorthCarolina Internet:hltp://Portal.ncdenr.om/web/wq Natur°al& An Equal Opportunity Affirmative Action Employer--550go Recrcicd!l0a,o Post Consumer paper Mr. George W. Ware July 17, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, r F LI/ Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files Bob Guerra/DWQ Point Source Branch ti�1 RidgL Adult Care OO'34':N( 1-NRE-101'-Lb ("61,.,IoC `c NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality arty Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 17,2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2049 Mr. George W.Ware, Owner Jonas Ridge Adult Care Facility WWTP P.O. Box 658 Newland,Norh Carolina 28657-0658 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0358 Jonas Ridge Adult Care Facility WWTP NPDES Permit No.NCO060224 Burke County Dear Mr. Ware: A review of the March 2012 self-monitoring report for the subject facility revealed a violation of the following parameter: Date Outfall Parameter Reported Value Permit Limit 03/31/2012 001 Ammonia Nitrogen 4.86 mg/1 4 mg/1 A Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0060224. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the March 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACE WATER PROTECTION SECTION--ASHEVII l E,REGIONAL:OFFICE Location:2090 U.S.Highway 70.S Awin moa North Carolina 28778 One Phone:828 296-4�00\Fax:828-299-70434k NorthCarollna Internet:http://Poaal.ncdenr.org/web/wq �C�tltr���lJ An Egml Opportunity`.Affirmative Action Employer-50%Recycled/10%Post Consumer paper Mr. George.W. Ware July 17,2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, P Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files Bob Guerra/DWQ Point Source Branch Ridge Adult Cary F NCDENR. North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary July 23, 2012 Jerry Walker, Town Mayor Town of Clyde P. O. Box 386 Clyde, North Carolina 28721 Subject: Permit No. WQ0036058 Town of Clyde Bridge 165 Thickety Road Wastewater Collection System Extension Haywood County Dear Mayor Walker: In accordance with your application received July 9, 2012 and we are forwarding herewith Permit No. WQ0036058, dated July 23, 2012 to the Town of Clyde for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to Permit Condition 3, which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. A variance has been granted from the Gravity Sewer Minimum Design Criteria allowing the installation of the 8-inch gravity sewer at less than the State-recommended minimum slope. The Town must label these lines as "high priority lines" and treat them as such by providing inspection at least every six months and cleaning on an as-needed basis. 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 a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. 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 2090 U.S. Highway 70,Swannanoa,NC 28778 One Phone: (828)296-4500 FAX:828 2997043 NorthCarolina Intemet:�Nry"v.ncwatergual,ity.org qW Admally An Equal Opportunity'',Affirmative Action Employer S:\SWP\Haywood\Collection Systems\Clyde WQCS00259\WQ003 605 8.docx Town of Clyde-WQ0036058 July 23, 2012 Page 2 of 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to The Town of Clyde for the construction and operation of approximately 330 linear feet of 8-inch gravity sewer; as part of the Bridge 165 on Thickety Road project, and the discharge of 0 gallons per day of collected domestic wastewater into the Waynesville Wastewater Treatment Plant NCO025321 existing sewerage system, pursuant to the application received July 9, 2012 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Waynesville Wastewater Treatment Facility NCO025321 prior to being discharged into the receiving stream. This permit shall become voidable unless the agreement between The Town of Clyde and Waynesville Wastewater Treatment Facility for the collection and final treatment of wastewater is in full force and effect. 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 Jeff Menzel at (828) 296-4500 or via E-mail at jeff.menzel@ncdenr.gov Sincerely, for Charles Wakild, P.E., Director Division of Water Quality cc: Eric Tweed, CH Engineering PLLC Asheville Regional Office, Surface Water Protection Section Waynesville Wastewater Treatment Plant NCO025321 Water Quality Central Files PERCS (electronic copy only) NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. - 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permiee 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 to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional offic, accordance with 15A NCAC 2B .0506(a), and public notice shall be provided a. required by North Carolina General Statute §143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems, the Grease Control Program shall include at least bi-annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map, which shall be maintained for the life of the system. 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Per 15A NCAC 2T.0116, upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 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. �. 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 NCGO10000, 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: 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 and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued July 23, 2012 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Charles Wild,P.E., Director Division of Water Quality by authority of The Environmental Management Commission Permit Number WQ0036058 FAST TRACK ENGINEERING CERTIFICATION ermittee: Town of Clyde Permit No. WQ0036068 Project: Bridge 165 Thickety Road Issue Date: July 23, 2012 County: Haywood Complete and submit this form to the permit issuing regional office with the following: • One copy of the project record drawings (plan & profile views and detail drawings of sewer lines) of the wastewater collection system extension. Final record drawings should be clear on the plans. Record drawings should indicate the design and the marked up changes during construction. • 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. Modifications should be submitted prior to certification. This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's Certification and all required supporting documentation. 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 subject 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 02T; 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 SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US Highway 70 Swannanoa, NC 28778 ......................................................................................................... The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild; P.E. Dee Freeman Governor Director Secretary July 23, 2012 Mr. Al Matthews, Town Manager Town of Canton P.O. Box 987 Canton,NC 28716 SUBJECT: Wastewater Collection System Permit Compliance Inspection Canton Collection System Permit No: WQCS00307 Haywood County Dear Mr. Matthews: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on July 11,2012 by me and Keith Haynes,Asheville Regional Office—Surface Water Protection Section. The facility was found to be in compliance with permit WQCS00307. We appreciated the assistance of Mr. Richard Hodge during the inspection. Enclosed is a copy of the Compliance Inspection Report, which contains additional observations and comments for your reference. The summary to the inspection report offers several recommendations for the Town of Canton to consider. Please contact me at(828) 296-4665 or Susa_n.A.Wilsonnncdenr.gov, if I can be of any further assistance. Sincerely, Susan A. Wilson Environmental Engineer Surface Water Protection Enclosure cc: Central Files Asheville Files S:\SWP\Haywood\Collection Systems\Canton WQCS00307\Insp 2012\LTR.CEI Canton.7 2012.doc Location:2090 U.S.Highway 70,Swannanoa North Carolina 28778 OnePhone:828-296-45001 FAX:828-299-7043 ll Internet:www.ncwaterquality.org NQI thCar 011lla An Equal Opportunity\Affirmative Action Employer Naturally t��, �__\, �, Compliance Inspection Report Permit: WQCS00307 Effective: 07/25/07 Expiration: 06/30/15 Owner: Town of Canton SOC: Effective: Expiration: Facility: Canton Collection System County: Haywood PO Box 987 Region: Asheville Contact Person: Richard Hodge Title: Phone: 828-648-2362 Directions to Facility: System Classifications: CS1, Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: NC0000272 Blue Ridge Paper Products Inc-Canton Mill Inspection Date: 07/11/2012 Entry Time: 10:20 AM Exit Time: 04:00 PM Primary Inspector: Susan A Wilson Phone: 828-294-4500 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 Manhole Regmts Lines (See attachment summary) Page: 1 Permit: WQCS00307 Owner-Facility: Town of Canton Inspection Date: 07/11/2012 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Inspection Summary: Susan Wilson and Keith Haynes (DWQ)met with the ORC, Richard Hodge, on July 11, 2012 to inspect portions of the collection system for the Town of Canton. The Town operates and maintains a collection system,with wastewater pumped to Evergreen for final treatment. The records for the Town appeared up to date.and well maintained, and the system appeared well operated.The Town has not had any recent overflows or spills in the past 3 years. Routine inspection and line cleaning are in compliance with the permit. Pump stations appeared well maintained and operated. At the time of the inspection, heavy rain was falling and no overflows noted. The DWQ does offer a few comments: 1)The CIP should be updated to reflect specific planned improvements for a 3-5 year period (list of improvements to be done per year-then document what was completed each year). 2)The Sewer Use Ordinance should be updated to reflect the DWQs new model ordinance. 3)DWQ requests that the Town consider adoption of a Septic Tank Ordinance. Part of this Ordinance should include the requirement to tie-in failing septic systems. J Page: 2 Permit: WQCS00307 Owner-Facility: Town of Canton Inspection Date: 07/11/2012 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 n What educational tools are used? To save on costs-information is now posted on the Town's website. Is Sewer Use Ordinance/Legal Authority available? ■ ❑ ❑ n Does it appear that the Sewer Use Ordinance is enforced? ■ 0 0 13 Is Grease Trap Ordinance available? ■ 1=1 0 1=1 Is Septic Tank Ordinance available(as applicable, i.e. annexation) ❑ 0 ■ List enforcement actions by permittee, if any,in the last 12 months None. The Sewer Use Ordinance was done in 2001. It should be updated using the new ordinance language(and a signed copy should be kept on file with the collection system permit information). Has an acceptable Capital Improvement Plan(CIP)been implemented? ■ ❑ 0 fl Does CIP address short term needs and long term V'master plan\"concepts? ■ ❑ ❑ 0 Does CIP cover three to five year period? ■ 0 0 D Does CIP include Goal Statement? ■ Q Q Does CIP include description of project area? ■ 0 0 Does CIP include description of existing facilities? ■ 0 ❑ n Does CIP include known deficiencies? ■ ❑ 0 n Does CIP include forecasted future needs? ■ 0 0 n Is CIP designated only for wastewater collection and treatment? ■ n (_l Cl Approximate capital improvement budget for collection system? $388,000.00 Total annual revenue for wastewater collection and treatment? $338,928.00 CIP Comments The collection system is self funding. The CIP needs to be updated(and more specific on what needs to be addressed each year,for at least 3-5 yrs)• 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? ■ 0 (_l #Does the sign include: Instructions for notification? ■ 0 1=1 0 Page: 3 Permit: WQCS00307 Owner-Facility: Town of Canton Inspection Date: 07/11/2012 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Pump station identifier? ■ ❑ n 24-hour contact numbers ■ If no,list deficient pump stations Postings were noted on the pump stations that were inspected(all but the temporary ps). #Do ALL pump stations have an"auto polling"feature/SCADA? 0 ■ ❑ Q Number of pump stations 12 Number of pump stations that have SCADA 0 Number of pump stations that have simple telemetry 12 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: The town has no root control program(other than cleaning the lines). Comment: The town has 1 temporary ps (which has audio/visual). All other pump stations have telemetry. Inspections Yes No NA NE Are maintenance records for sewer lines available? ■ n n 0 Are records available that document pump station inspections? ■ ❑ 0 0 Are SCADA or telemetry equipped pump stations inspected at least once a week? ■ n Are non-SCADA/telemetry equipped pump stations inspected every day? ■ ❑ n Q Are records available that document citizen complaints? ■ n n 0 #Do you have a system to conduct an annual observation of entire system? ■ ❑ 0 0 #Has there been an observation of remote areas in the last year? ■ ❑ 0 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? ■ ❑ 0 Comment: Inspections and maintenance are documented and well maintained. Operation&Maintenance Requirements Yes No NA NE Are all log books available? ■ ❑ 0 n Does supervisor review all log books on a regular basis? 0110 0 f ,\ Does the supervisor have plans to address documented short-term problem areas? ■ 0 n Page: 4 Permit: WQCS00307 Owner-Facility: Town of Canton Inspection Date: 0 7/1 112 0 1 2 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine What is the schedule for reviewing inspection, maintenance,&operations logs and problem areas? No defined schedule-keeps random,but frequent,on purpose. Are maintenance records for equipment available? ■ n n n Is a schedule maintained for testing emergency/standby equipment? ■ n n n What is the schedule for testing emergency/standby equipment? Generators tested 2/yr Do pump station logs include: Inside and outside cleaning and debris removal? 0 ■ n Inspecting and exercising all valves? n ■ n (_l Inspecting and lubricating pumps and other equipment? 0 ■ n n Inspecting alarms,telemetry and auxiliary equipment? ■ ❑ n 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 n n ■ Are right-of-ways currently accessible in the event of an emergency? ■ ❑ 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? Pump stations are inspected and logs are kept(but may not specifically state what was reviewed). 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 Equipment list and spare parts inventory ■ n n n Access to cleaning equipment ■ n Cl 0 Access to construction crews,contractors,and/or engineers ■ n n n Source of emergency funds ■ n 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? ■ 11 0 0 Is the spare parts inventory adequate? ■ n n n Comment: The Town has a good response program in place. Records Yes No NA NE Page: 5 Permit: WQCS00307 Owner-Facility: Town of Canton Inspection Date: 07/11/2012 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Are adequate records of all SSOs,spills and complaints available? ■ n ❑ n Are records of SSOs that are under the reportable threshold available? n n ■ n Do spill records indicate repeated overflows(2 or more in 12 months)at same location? Cl ■ n n If yes, is there a corrective action plan? n n n n Is a map of the system available? ■ n n n Does the map include: - Pipe sizes ■ n n n Pipe materials ■ n ❑ n Pipe location ■ n n n Flow direction ■ n ❑ n Approximate pipe age n n n ■ Number of service taps n n n ■ Pump stations and capacity n n n ■ If no,what percent is complete? Map is about 90% complete List any modifications and extensions that need to be added to the map The map is still in the process of being updated-but is almost complete. #Does the permittee have a copy of their permit? ■ Cl n I_l Comment: The Town has submitted their paperwork for renewal of the permit. The collection system permit has been administratively extended (due to legislative action) until June 30, 2015. 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 n ■ n #Is an annual report being prepared in accordance with G.S. 143-215.1C? ■ n n n #Is permittee compliant with all compliance schedules in the permits? n n ■ n If no,which one(s)? Comment: Canton has not had a spill that requires public notice. 1 -between PS 6 and PS 7 Lines/Right-of-Ways/Aerie) Lines Yes No NA NE— Is right-of-way accessible for emergency? ■ n n n Page: 6 Permit: WQCS00307 Owner-Facility: Town of Canton Inspection Date: 07/11/2012 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Is right-of-way free of sinkholes or depressions? ■ n Cl n Is line/right-of-way free of evidence of leakage? ■ n ❑ n #Are there areas of exposed line? n ■ n o #Is any exposed line constructed of ductile iron or other approved material? ❑ n ■ n Are water crossing and supports in good condition? n n ■ n #Is right-of-way free of non-utility motorized traffic? ■ ❑ n Cl Is line free of visible damage? ■ n n n #Are there siphons in this system? n Cl n ■ If yes,are they maintained and documented? Comment: There was ample access to the pump station (to PS 7). No problems noted. 10 -by Arby's Pump Station Yes No NA NE Pump station type Are pump station logs available? ■ ❑ n n Is it accessible in all weather conditions? ■ n ❑ n #Is general housekeeping acceptable? ■ n n n Are all pumps present? ■ n n n Are all pumps operable? ■ n n n Are wet wells free of excessive debris? ■ n n Cl Are upstream manholes free of excessive debris/signs of overflow? n n n ■ Are floats/controls for pumps/alarms operable? ■ n n n Is"auto polling"feature/SCADA present? n n ■ Is"auto polling"feature/SCADA operational? n n ■ n Is simple telemetry present? ■ n n n Is simple telemetry operational? ■ n n n Are audio and visual alarms present? ■ n n n Are audio and visual alarms operable? ■ n n n Is the Pump station inspected as required? ■ n n n Are backflow devices in place? ■ n ❑ n Page: 7 Permit: WQCS00307 Owner-Facility: Town of Canton Inspection Date: 07/11/2012 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Are backflow devices operable? ■ ❑ Cl Are air relief valves in place? n n ■ n Are air relief valves operable? n n ■ n # Is an emergency generator available? ■ n n Cl Can the emergency generator run the pumps? ■ n n n Is the pump station equipped for quick hook-up? ❑ n n ■ Is the generator operable? n n n ■ #Is fuel in tank and sufficient? n n n ■ Is the generator inspected according to their schedule? ■ n n n Is a 24-hour notification sign posted? ■ Cl n n Does it include: Instructions for notification? ■ n n n Pump station identifier? ■ n n n Emergency phone number ■ n n n Is public access limited? ■ n n n Is pump station free of overflow piping? ■ n Cl Cl Is the pump station free of signs of overflow? ■ n n n Are run times comparable for multiple pumps? yes Comment: This is a triplex pump. It is in the front of the Arbys (in the landscaped area by the road). It is not fenced, but it is locked out. A generator is available if needed. The system appeared well maintained and operated. 15 -off Old Clyde Rd. -James St. Pump Station Yes No NA NE Pump station type Duplex Are pump station logs available? ■ n n n Is it accessible in all weather conditions? ■ n n n #Is general housekeeping acceptable? ■ n n n Are all pumps present? ■ n n n Are all pumps operable? ■ n n n Are wet wells free of excessive debris? ■ n n n Are upstream manholes free of excessive debris/signs of overflow? n ❑ n ■ Page: 8 Permit: WQCS00307 Owner-Facility: Town of Canton Inspection Date: 07/11/2012 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Are floats/controls for pumps/alarms operable? ■ n n 0 Is"auto polling"feature/SCADA present? n In ■ n Is"auto polling"feature/SCADA operational? In n ■ n Is simple telemetry present? ■ n n n Is simple telemetry operational? ■ n n n Are audio and visual alarms present? ■ n n n Are audio and visual alarms operable? ■ n n n Is the Pump station inspected as required? ■ n n n Are backflow devices in place? ■ n n n Are backflow devices operable? ■ n n n Are air relief valves in place? n n ■ n Are air relief valves operable? n ❑ ■ n # Is an emergency generator available? ■ n n n Can the emergency generator run the pumps? ■ n n n Is the pump station equipped for quick hook-up? ■ n n n Is the generator operable? n n n ■ #Is fuel in tank and sufficient? n n n ■ Is the generator inspected according to their schedule? n n n ■ Is a 24-hour notification sign posted? ■ n n n Does it include: Instructions for notification? ■ n n n Pump station identifier? ■ n n n Emergency phone number ■ n n n Is public access limited? ■ n n n Is pump station free of overflow piping? n n n n Is the pump station free of signs of overflow? n n n n Are run times comparable for multiple pumps? yes Comment: The pump station looked well maintained. The telemetry is working and the audio alarm is working. Due to the nearby homeowner-the visual alarm is off. Ths PS has quick hookup if the generator is needed. Page: 9 Permit: WQCSOQ307 Owner-Facility: Town of Canton Inspection Date: 07/11/2012 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine 6 -elevated "Silo" -by Pigeon River off Fiberville St. Pump Station Yes No NA NE Pump station type Duplex Are pump station logs available? ■ ❑ n n Is it accessible in all weather conditions? ■ n n n #Is general housekeeping acceptable? ■ n n Are all pumps present? n n n ■ Are all pumps operable? n n n ■ Are wet wells free of excessive debris? n n n ■ Are upstream manholes free of excessive debris/signs of overflow? n n n ■ Are floats/controls for pumps/alarms operable? n n n ■ Is"auto polling"feature/SCADA present? n n ■ n Is"auto polling"feature/SCADA operational? n n ■ n Is simple telemetry present. ■ nnn Is simple telemetry operational? ■ n n n Are audio and visual alarms present? ■ n n n Are audio and visual alarms operable? n n n ■ Is the Pump station inspected as required? ■ n n n Are backflow devices in place? n n n ■ Are backflow devices operable? n n n ■ Are air relief valves in place? n n ■ n Are air relief valves operable? n n ■ n # Is an emergency generator available? ■ n n n Can the emergency generator run the pumps? ■ ❑ ❑ n Is the pump station equipped for quick hook-up? n ■ n n Is the generator operable? n In n ■ #Is fuel in tank and sufficient? n n n ■ Is the generator inspected according to their schedule? n n n ■ Is a 24-hour notification sign posted? ■ n n n Page: 10 Permit: WQCS00307 Owner-Facility: Town of Canton Inspection Date: 07/11/2012 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Does it include: Instructions for notification? ■ n Cl n Pump station identifier? ■ n n Emergency phone number ■ n n ❑ Is public access limited? ■ ❑ ❑ n Is pump station free of overflow piping? ■ 171 n n Is the pump station free of signs of overflow? ■ F1 n ❑ Are run times comparable for multiple pumps? yes Comment: PS was visually inspected and appeared to be well maintained. No generator on-site (but one is available if needed). It is not fenced (but locked up). Visual alarm is present(along with telemetry). 7 - off Fiberville St. end of dirt road Pump Station Yes No NA NE Pump station type Duplex Are pump station logs available? ■ n n Is it accessible in all weather conditions? ■ n n n #Is general housekeeping acceptable? ■ n n n Are all pumps present? n n n ■ Are all pumps operable? n n ❑ ■ Are wet wells free of excessive debris? ❑ ❑ n ■ Are upstream manholes free of excessive debris/signs of overflow? ❑ n n ■ Are floats/controls for pumps/alarms operable? n n n ■ Is"auto polling"feature/SCADA present? ❑ n ■ Is"auto polling"feature/SCADA operational? n 171 ■ n Is simple telemetry present? ■ n Cl n Is simple telemetry operational? ■ n f l n Are audio and visual alarms present? ■ n n n Are audio and visual alarms operable? ■ n n n Is the Pump station inspected as required? ■ n n n Are backflow devices in place? n n ❑ ■ Are backflow devices operable? n ❑ n ■ Page: 11 Permit: WQCS00307 Owner-Facility: Town of Canton Inspection Date: 07/11/2012 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Are air relief valves in place? n ❑ ■ n Are air relief valves operable? 0 ❑ ■ 0 # Is an emergency generator available? ■ 0 0 0 Can the emergency generator run the pumps? ■ n ❑ n Is the pump station equipped for quick hook-up? n ■ o Q Is the generator operable? ■ fl n 0 #Is fuel in tank and sufficient? n ❑ In ■ Is the generator inspected according to their schedule? ■ ❑ ❑ fl Is a 24-hour notification sign posted? ■ n 0 Does it include: Instructions for notification? ■ 0 ❑ fl Pump station identifier? ■ fl ❑ n Emergency phone number ■ n n n Is public access limited? ■ ❑ (_l n Is pump station free of overflow piping? ■ ❑ n n Is the pump station free of signs of overflow? ■ fl n ❑ Are run times comparable for multiple pumps? yes Comment: Pump station is fenced and appears to be well maintained and operated. Off-site generators are available if needed. TEMP -Temporary pump station by new Urgent Care Pump Station Yes No NA NE Pump station type Duplex Are pump station logs available? ■ ❑ 0 0 Is it accessible in all weather conditions? ■ ❑ n #Is general housekeeping acceptable? ■ 0 fl Are all pumps present? ■ n 0 fl Are all pumps operable? ■ n n n Are wet wells free of excessive debris? ■ ❑ n Are upstream manholes free of excessive debris/signs of overflow? n i_1 ❑ ■ Are floats/controls for pumps/alarms operable? ❑ n Q ■ Page: 12 Permit: WQCS00307 Owner-Facility: Town of Canton Inspection Date: 07/11/2012 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Is"auto polling"feature/SCADA present? n n ■ n Is"auto polling"feature/SCADA operational? n n ■ n Is simple telemetry present? n ■ n n Is simple telemetry operational? ❑ ❑ ■ n Are audio and visual alarms present? ■ n n n Are audio and visual alarms operable? ■ n n n Is the Pump station inspected as required? ■ n n n Are backflow devices in place? ■ ❑ n n Are backflow devices operable? ■ n n n Are air relief valves in place? n n ■ n Are air relief valves operable? n n ■ n # Is an emergency generator available? ■ n n n Can the emergency generator run the pumps? ■ n n n Is the pump station equipped for quick hook-up? ■ n n n Is the generator operable? n n n ■ #Is fuel in tank and sufficient? n n n ■ Is the generator inspected according to their schedule? ■ n n n Is a 24-hour notification sign posted? n ■ n n Does it include: Instructions for notification? n ■ n n Pump station identifier? n ■ n n Emergency phone number n ■ n n Is public access limited? n ■ n n Is pump station free of overflow piping? ■ n n n Is the pump station free of signs of overflow? ■ n n n Are run times comparable for multiple pumps? yes Comment: This is a temporary(brand new) pump station for the new Urgent Care Center. The PS is within a landscaped area - it is not fenced but is locked out from public access. Off site generator is available if needed. This will replace the old pump station at Sagebrush (which is good). The nofication sign needs to be posted. Page: 13 A' FICDEMR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 23, 2012 Mrs. Bertha S. Burnette 41 Dix Creek Road#1 Leicester, North Carolina 28748 Subject: NOTICE OF VIOLATION NOV-2012-MV-0061 Permit No. NCO029882 Briarwood WWTP Buncombe County Dear Mrs. Burnette: A review of Briarwood WWTP's monitoring report for March 2012 showed the following violation: Parameter Date Measuring Violation Frequency Chlorine, Total Residual Week ending 2 X/Week Failure to Monitor 03/03/2012 It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, a41 { Chuck Cranford, Regional Supervisor, Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James & James Environmental/ORC S:;S1,r1JP\Buncombe\Wastewater\Minors\Briarwood Subdivision 29882\N0;J-2012-MU-0061.doc No thCarolina Natuma!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwatergualiiy.oro FAX (828)299-7043 �- �_,. L% A*A► NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 23, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2025 The Honorable Mel L. Cohen City of Morganton P.O. Box 3448 Morganton, North Carolina 28680 Subject: NOTICE OF VIOLATION NOV-2012-LV-0375 EMC-SOC-WQ-S10-005 Permit No. NCO020940 Catawba River Pollution Control WWTP Burke County Dear Mayor Cohen: On December 1, 2010, the Environmental Management Commission entered into the subject Special Order by Consent (SOC)whereby the subject WWTP was granted relaxed effluent limitations for BOD, TSS and Fecal Coliform from those imposed by the NPDES Permit, in exchange for Morganton's commitment to a schedule of wastewater treatment plant improvements that will return the WWTP to compliance with the terms of the NPDES Permit. The SOC contains provisions for the assessment of stipulated penalties when modified limits are exceeded or schedule dates are not met. A review of Catawba River Pollution Control Facility WWTP's monitoring report for November 2011 showed the following violation: Parameter Date Interim Limit Reported Value Limit Type Solids, Total Suspended - 11/30/2011 70 mg/I 82.74 mg/I Monthly Concentration Average Exceeded You are directed to immediately take whatever remedial actions are necessary to correct the problems that have led to this violation. Section III of the SOC stipulates that a penalty in the amount of $1,000 be paid for noncompliance with any modified limit contained in the SOC. However, Section IV of the SOC lists circumstances under which stipulated penalties are not due, essentially stating this provision is applicable when the Division of Water Quality can be satisfied the non-compliance was caused by events or circumstances beyond the control of the Catawba River Pollution Control WWTP. One NorthCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.orq g. FAX (828)299-7043 A Mayor Mel L. Cohen July 23, 2012 Page Two If you have information that will prove to the Division that any or all of the criteria set forth in Section . IV have been met, you must submit this information in writing to the Asheville Regional Office within ten (10) days after receipt of this notice. In the absence of evidence justifying the application of the provision within Section IV, this Office will proceed with assessment of stipulated penalties as provided for in the SOC. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 8281296-4500. Sincerely, Chuck Craiford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch S:\SwP\Burkelwaste,vaterNMunicipal\Morganton WWTP 26573\NOV-2012-LV-0375-SOC,doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 23, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2018 The Honorable Mel L. Cohen City of Morganton P.O. Box 3448 Morganton, North Carolina 28680 Subject: NOTICE OF VIOLATION NOV-2012-LV-0376 EMC-SOC-WQ-S10-005 Permit No. NCO020940 Catawba River Pollution Control WWTP Burke County Dear Mayor Cohen: On December 1, 2010, the Environmental Management Commission entered into the subject Special Order by Consent (SOC) whereby the subject WWTP was granted relaxed effluent limitations for BOD, TSS and Fecal Coliform from those imposed by the NPDES Permit, in exchange for Morganton's commitment to a schedule of wastewater treatment plant improvements that will return the WWTP to compliance with the terms of the NPDES Permit. The SOC contains provisions for the assessment of stipulated penalties when modified limits are exceeded or schedule dates are not met. A review of Catawba River Pollution Control Facility WWTP's monitoring report for December 2011 showed the following violations: Parameter Date Interim Limit Reported Value Limit Type BOD Week ending 120 mg/I 144.98 mg/I Weekly 12/03/2011 Average Exceeded Solids, Total Suspended - Week ending 150 mg/I 219 mg/1 Weekly Concentration 12/03/2011 Average Exceeded You are directed to immediately take whatever remedial actions are necessary to correct the problems that have led to this violation. Section III of the SOC stipulates that a penalty in the amount of $1,000 be paid for noncompliance with any modified limit contained in the SOC. However, Section IV of the SOC lists circumstances under which stipulated penalties are not due, essentially stating this provision is applicable when the Division of Water Quality can be satisfied the non-compliance was caused by events or circumstances beyond the control of the Catawba River Pollution Control WWTP. Noi thCarolina Natura!!Y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.newaterguality.org FAX (828)299-7043 Mayor Mel L. Cohen July 23,2012 Page Two If you have information that will prove to the Division that any or all of the criteria set forth in Section, 'IV have been met, you must submit this information in writing to the Asheville Regional Office within ten (10) days after receipt of this notice. In the absence of evidence justifying the application of the provision within Section IV, this Office will proceed with assessment of stipulated penalties as provided for in the SOC. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 8281296-4500. Sincerely, 17, f Chuck Crankrd, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch S:\SWP\Burke\Wastewater\Municipai�fvlorganton WWTP 26573\NOV-2012-L\J-0376-SOC.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality ,erly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary July 23, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2001 Mr. J.Robert Boyette City of Marion Corpening Creek WWTP P.O.Drawer 700 Marion,North Carolina 28752 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0379 Corpening Creek WWTP NPDES Permit No.NCO031879 McDowell County Dear Mr. Boyette: A review of the December 2011 self-monitoring report for the subject facility revealed a violation of the following parameter: Date Outfall Parameter Reported Value Permit Limit 12/31/2011 001 TSS 131.73 mg/1 45 mg/1 A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE)is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0031879. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the December 2011 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACE WATI::R PROTECTION SECTION ASIIEVII I I;REGIONAL OF ICI_ Location:2090 U.S Highway 70,Swannanoa,Ntsrtll Carolina 29778 One Phone:828 29(,-4500\Fax:828 299-7043 NorthCarolflna Internet:hUp://portal.nrdenr.org/web/wq �attfra�l An Equal Opportunity Affirmative Action Employer-i0%Recycled l()4,o Post Consumer paper Mr. J. Robert Boyette July 23, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of\, Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch `3 SW 39•.aj\lci)oivelh\�, teevate \4LtniCip,l.C,Orla;ntn�,Creek W%VTP 31;r9,.N0 R _0124-`d 01,9.doe NCDEN� North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 24, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2087 Mr. John Boone, Mayor Town of Elk Park P.O. Box 248 Elk Park,North Carolina 28622 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 NCO079561 Town of Elk Park Elk Park WWTP Case No. LV-2012-0133 Avery County Dear Mayor Boone: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$387.00 ($250.00 civil penalty+ $137.00 enforcement costs) against the Town of Elk Park. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by the Town of Elk Park for the month of April 2012. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NCO079561. The violations which occurred in April 2012 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Town of Elk Park violated the terms, conditions or requirements of NPDES Permit NCO079561 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, Chuck Cranford, Division of Water Quality Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment against the Town of Elk Park: ne NorthCarolina �atura!!r� SURFACE WATER PROTECTION-ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 Phone: (828)296-4500\FAX:828 2997043 Internet:www.ncwaterguality.org I of the 1 violation of G.S. 143-215.1(a)(6) and NPDES Permit No. `�� $250.00 NC0079561, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for NH3-N - Conc. \\ $250.00 TOTAL CIVIL PENALTY $137.00 Enforcement Costs $387.00 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: �J 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please ; prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors inNCGS 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 A OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition \ for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received in the Office of Administrative Hearings within five(5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter)on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Regional Supervisor w/attachments DWQ Central Files w/attachments \ Bob Guerra/DWQ Point Source w/attachments Otis Ward/ORC w/attachments 5::5 1' Avsti.OLasPza� ter'.tiian4tpt(';.[:Ik Park 79561'1-V-20121-0133Aoc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2012-0133 County: Avery Assessed Party: Town of Elk Park Permit No.: NC0079561 Amount Assessed: $387.00 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 AVERY IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS TOWN OF ELK PARK/ ) ELK PARK WWTP ) PERMIT NO.NCO079561 ) FILE NO. LV-2012-0133 Having been assessed civil penalties totaling $387.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated July 24, 2012,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE W d IL X H W z of O g a :> O 1 L Q Z O W j cq 0 OJ 0 G w �W J u7 U> J Q L) F- N J d Q W ww �� rn z 2W O U M M O H i R z CDZ CV LU W ,G j CY 2 W uj m U C & L` F- 3 0, O Q F z Oo mo W (n > Q U a LU c W 0 W U !LC z LC IL M EL z LU z _ J U � Q O W LL J Qa Fd o O t0 O LO Z� N V = ZW V O Z O F O r o J o W z tO a J LU a \\ I ____._. {" -... 4 �J .�.w.jA C6� North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 24, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2070 Mr. David Wack, Director of Plant Services Fletcher Academy Inc. P.O. Box 5335 Fletcher,North Carolina 28732 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 NCO036641 Fletcher Academy Inc. Fletcher Academy WWTP Case No. LV-2012-0135 Henderson County Dear Mr. Wack: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$762.00 ($625.00 civil penalty+ $137.00 enforcement costs) against Fletcher Academy Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Fletcher Academy Inc. for the month of February 2012. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0036641. The violations which occurred in February 2012 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Fletcher Academy Inc. violated the terms, conditions or requirements of NPDES Permit NCO036641 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, Chuck Cranford, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Fletcher Academy Inc.: NorthCarolina Naturallty SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICEJP�A- Location:2090 U.S.Highway 70,Swannanoa,NC 28778 Phone:(828)296-45001FAX:828 2997043 Internet:www.ncwaterguality.org I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. ` , $625.00 NC0036641, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for NH3-N- Conc. $625.00 TOTAL CIVIL PENALTY $137.00 Enforcement Costs $762.00 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 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, 11111 Chu ranford,Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Regional Supervisor w/attachments DWQ Central Files w/attachments Bob Guerra/DWQ Point Source w/attachments James&James Environmental/ORC w/attachments S S1i F;H nt�er�or l sste��°t�t�r:\-tine n:(letciier<Aeademc 16641`:1_V 2012-613 i.doc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2012-0135 County: Henderson Assessed Party: Fletcher Academy Inc. Permit No.: NC0036641 Amount Assessed: $762.00 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 ENVIRONML,_. AND NATURAL RESOURCES COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FLETCHER ACADEMY INC. / ) FLETCHER ACADEMY WWTP ) PERMIT NO.NCO036641 ) FILE NO. LV-2012-0135 Having been assessed civil penalties totaling $762.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated July 24, 2012, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE r' t i W U a X W z rn O o T s > r Q 0 z O to w >g O� a 0 W FW g� LS =J W U> J a U C O F 01 J C d = ua LL O E F y CD Z ZW O U to M U = O V Z E O w L W 0 N M O _ J LU � X U Q a a LU F-- d m z .c O Qa Z) d Z LL Op o W fn > Q U a F- E d -a u � a W Z a d a z LL Z _ U a H d J U � U Q O W LL J aFL Ha o O � O to Z c0 N 0 0 o O OFa N V O ZLU N Z R 0 f O O a E w N J a �% /__� ✓j; NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 24, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2094 Mr. R. Belvin Hall Buncombe County Schools 175 Bingham Road Asheville,North Carolina 28806 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 NCO061182 Buncombe County Schools North Buncombe High School WWTP Case No. LV-2012-0132 Buncombe County Dear Mr. Halls This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$237.00 ($100.00 civil penalty+ $137.00 enforcement costs) against Buncombe County Schools. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Buncombe County Schools for the month of March 2012. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0061182. The violations which occurred in March 2012 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Buncombe County Schools violated the terms, conditions or requirements of NPDES Permit NCO061182 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, Chuck Cranford, Division of Water Quality Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment against Buncombe County Schools: ne NorthCarolina Naturally SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 Phone: (828)296-4500\FAX:828 2997043 Internet:www.ncwaterguality.org 0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $.00 NC0061182, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for BOD - Cone. 1 of the 2 violations of G.S. 143-215.l(a)(6) and NPDES Permit No. $100.00 NC0061182, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for FEC COLI. $100.00 TOTAL CIVIL PENALTY $137.00 Enforcement Costs $237.00 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 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, , Chuck Branford,Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Regional Supervisor w/attachments DWQ Central Files w/attachments Bob Guerra/DWQ Point Source w/attachments RPB Systems/ORC w/attachments S SWP',_ Buc Fli<h SO 61182TV-201?-01??doe JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2012-0132 County: Buncombe Assessed Party: Buncombe County Schools/N. Buncombe High Permit No.: NCO061182 Amount Assessed: $237.00 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 ENVIRONMB�, 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 BUNCOMBE COUNTY SCHOOLS/ ) N. BUNCOMBE HIGH SCHOOL ) PERMIT NO.NCO061182 ) FILE NO. LV-2012-0132 Having been assessed civil penalties totaling$237.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated July 24, 2012,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE W a) >. x X X W w w z rn E E d ate`) E E O _T C Q Q Q � Z O w ; cq O O O J 0 0 W rW N CD 7 J M <n co U> J Q U G) c� r_ C rL M O O O J O V V U C 7 m W LLW OU) E C. Hy cm z Z_W xt xt O U N N O M O 0 U) z Z O .�'. N W w T T T 0 J w a) a) a) U L) LL w I~- m O w Q 0 � rr coo O z gQ C w O� 0 0 0 3 (n > m U O O z tl N L Of d E O cc U C H L) 3 W U O O m Q U U t 2 C Q O W w O a m LL LL z } z F- O c c c r- t= a) a) a) J U 3 > > Q O W W W LL J F(L o 0 0 O N co C) Z� N N N O N 00 N N N VO Z w V) co Cl) Z (a O � 0 O r+ Q O O 00 CL E w 6F). `� J a �\ /- �:.>, �i ZvA NC[�ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 24, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2063 Mr. David Wack, Director of Plant Services Fletcher Academy Inc. P.O. Box 5335 Fletcher,North Carolina 28732 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 NCO036641 Fletcher Academy Inc. Fletcher Academy WWTP Case No. LV-2012-0134 Henderson County Dear Mr. Wack: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$762.00 ($625.00 civil penalty+ $137.00 enforcement costs) against Fletcher Academy Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Fletcher Academy Inc. for the month of January 2012. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0036641. The violations which occurred in January 2012 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Fletcher Academy Inc. violated the terms, conditions or requirements of NPDES Permit NCO036641 and G.S. 143-215.l(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, Chuck Cranford, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Fletcher Academy Inc.: ne NorthCarolina Natur74 SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE'' Location:2090 U.S.Highway 70,Swannanoa, NC 28778 Phone: (828)296-4500\FAX:828 2997043 Internet:www.ncwaterguality.org I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $625.00 NC0036641, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for NH3-N- Cone. $625.00 TOTAL CIVIL PENALTY $137.00 Enforcement Costs $762.00 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 t 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to Mary Penny Thompson, General Counsel Department of Environment and Natural Resources �\ 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Regional Supervisor w/attachments DWQ Central Files w/attachments Bob Guerra/DWQ Point Source w/attachments James & James Environmental/ORC w/attachments g 'S,WP:.Henderson,tlastewate inors"FI etcher Academy 16641`,N-2012_0134.doc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2012-0134 County: Henderson Assessed Party: Fletcher Academy Inc. Permit No.: NC0036641 Amount Assessed: $762.00 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 ENVIRONM AND NATURAL RESOURCES COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FLETCHER ACADEMY INC. / ) FLETCHER ACADEMY WWTP ) PERMIT NO. NCO036641 ) FILE NO. LV-2012-0134 Having been assessed civil penalties totaling $762.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated July 24, 2012, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 C, SIGNATURE ADDRESS TELEPHONE a a W U IL X w z m O it > _ g Q O L > L Q � Z O Er W >� o O:3 N e w Fw g� N 7J � Uj J Q U C N ~ Gf J V LLW d _} W i- On E Q Z zw O U Iq U � C N Q u> r Z E G W ! cad N W E U J � X U. N Q W Z 01 m ow N d Z go M LL W O o In > Q U a E d � w O Q W U � Q Z t R' V M d a z } z _ F- O `_ d J V � W Q � LL J Qa Fa o O CD d' C7 <O Z F N C �d N 0 O E w z O� f H O o L Q cm OW J a -'`� �: `�v NGDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 24, 2012 Mr. David Straub, RLA David D. Smith and Company, PLLC 85 Thompson St. Asheville,NC 28803 Subject: Stream Restoration—Smoky Mountain Sanctuary Dam Haywood County Dear Mr. Straub: The Division of Water Quality(DWQ) has performed a preliminary review of your plan submittal for the Smoky Mountain Sanctuary Dam removal/stream restoration. Additional information will be required in order to complete the review process. The following comments are provided so that you may consider them upon formal application for the stream work proposed. 1. A formal application must be submitted to the Division of Water Quality for the proposed project, along with a fee of$570.00. Please submit 5 copies of the PCN application(attached to this letter)to: Mr. Ian McMillan WeBSCaPe Unit 1650 Mail Service Center Raleigh,NC 27699-1650 A PCN submittal checklist is also enclosed with this letter(with elements to be answered highlighted). An Agent Authorization form should be submitted if you plan to answer questions regarding the project on behalf of the Homeowners Association. 2. Haywood County Erosion Control is the entity that has oversight for erosion control in the county. Please check with Marc Pruett of Haywood County to determine the amount of disturbed acreage which may require approval of an erosion control plan. Regardless of the requirement of an erosion control plan,the Division has concerns about the potential for sediment loss downstream during the dam breach process due to the steep slopes at the dam area. Should sediment adversely impact downstream,the owner(in this case Homeowners Association),would be held responsible for clean-up. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-450M FAX:828-299-7043 One 1 Internet:www.ncwaterquality.org NorthCarolina An Equal Opportunity i Affirmative Action Employer AIWJ94 Mr.Straub,P.E. July 24,2012 Page 2 of 2 3. Information should be provided to indicate how the pond will be dewatered. Dewatering's,, be conducted slowly from the top of the pond to minimize sediment loss downstream. 4. Calculations should be provided to demonstrate that the size structures proposed are appropriate for the watershed. Natural channel design techniques should be used to determine the pattern, dimension, and profile of the restored stream(the Division recommends that stream restoration design be performed by an engineer with Rosgen certification or NCSU natural channel design certification). With the proposed structures,the Division does not understand the need for the boulder wall around the island(and the inside bend). Typically, the inside of a bend is a transition feature that does not experience erosion, and therefore would not need"hardening". 5. The use of geotextile fabric and cobble/stone to line the entire channel is unorthodox in stream restoration. The Division believes that over time, unless the accumulated sediment is removed, the stream will undercut this channel and erode under and around the created channel. 6. Natural jute matting should be used for the banks of the stream channel. 7. For stream restoration projects, the Division traditionally requires a 30 foot planting buffer(from top of bank). The Division recommends that the Riparian Buffer planting plan be followed. While native plans have been chosen for planting in some portions,the planting should be denser in order to ensure long term streambank stability. Please refer to the enclosure regarding plants and planting density. 8. Visual and survey monitoring will be required for the stream restoration project over a 5 year period. This is to ensure long term stability of the design. Your submittal application should include a monitoring plan which identifies permanent cross sections and grade control points to be included in the survey to evaluate stability. This letter only addresses the preliminary application review and does not authorize any impacts to wetlands, waters or protected buffers. Please call me at(828) 296-4665, if you have any questions. Sincerely, a d fSsan A. Wilson, Environmental Engineer Surface Water Protection Asheville Regional Office Enclosures cc: George Escaravage— Smoky Mountain Homeowners Association 32 Pavillion Lane, Waynesville,NC 28786 David Brown-US Army Corps of Engineers Asheville Field Office David McHenry-North Carolina Wildlife Resources Commission - Karen Higgins-WeBSCaPe Unit ARO File copy S:\SWP\Haywood\401s\Non-DOT\Smoky Mtn Sanctuary Dam\Addlnfo.Smoky Mtn Sanc Dam pre app.7 2012.doc t Yt��a NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary July 25, 2012 Bob Wiggins BW Real Estate Investments, LLC 2241 Allens Creek Road Waynesville, NC 28786 Subject: Permit No. WQ0036060 BW Real Estate Investments, LLC Cool Breeze Campground Wastewater Collection System Extension Haywood County Dear Mr. Wiggins: In accordance with your application received July 13, 2012 and we are forwarding herewith Permit No. WQ0036060, dated July 25, 2012, to BW Real Estate Investments, LLC for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to Permit Condition 3, which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. 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 2090 U.S.Highway 70,Swannanoa, NC 28778 One Phone:(828)296-4500 FAX:828 2997043 NorthCa.rolrna Intemet:www.ncwaterquality.ora naturally An Equal Opportunity 1 Affirmative Action Employer BW Real Estate Investments,LLC W00036060 July 25,2012 Page 2 of 6 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 Applicant for the construction and operation of approximately 300 linear feet of 6-inch gravity sewer as part of the Cool Breeze Campground project, and the discharge of 2040 gallons per day of collected domestic wastewater into the Town of Maggie Valley's existing sewerage system, pursuant to the application received July 13, 2012 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Town of Maggie Valley's Wastewater Facility NPDES Permit No. NCO056561 prior to being discharged into the receiving stream. This permit shall become voidable unless the agreement between BW Real Estate Investments, LLC and the Town of Maggie Valley for the collection and final treatment of wastewater is in full force and effect. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. 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 at (828) 296-4658 or via E-mail at jeff.menzel@ncdenr.gov Sincerely, 47 for Charles Wakild, P.E., Director Division of Water Quality cc: Jesse Gardner, P.E. Civil Design Concepts Haywood County Building Inspections Department Asheville Regional Office, Surface Water Protection Section Town of Maggie Valley WWTP NCO056561 Water Quality Central Files PERCS (electronic copy only) SASWP\Haywood\Collection Systems\Maggie Valley WQCS00122\W00036060 Cool Breeze Campground.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; 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 Permiee 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 to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE 2090 U.S.Highway 70,Swannanoa, NC 28778 One Phone:(828)296-4500 FAX:828 2997043 NorthCarolina Internet:ww�.ncwaterQuality.org ;Vaturatty An Equal Opportunity\Affirmative Action Employer BW Real Estate Investments, LLC W00036060 July 25,2012 Page 4 of 6 g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems, the Grease Control Program shall include at least bi-annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map, which shall be maintained for the life of the system. � 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. Per 15A NCAC 2T.0116, upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 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 Real Estate Investments, LLC WQ0036060 .ply 25,2012 Page 5 of 6 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: 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 and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part 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 25 day of July,2012 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Charles Wakild, P.E.,Director Division of Water Quality by authority of The Environmental Management Commission Permit Number WQ0036060 �, /,.__�, r �`\ �� FAST TRACK ENGINEERING CERTIFICATION rermittee: BW Real Estate Investments, LLC Permit No. W00036060 Project: Cool Breeze Campground Issue Date: July,25,2012 County: Haywood Complete and submit this form to the permit issuing regional office with the following: • One copy of the project record drawings (plan & profile views and detail drawings of sewer lines) of the wastewater collection system extension. Final record drawings should be clear on the plans. Record drawings should indicate the design and the marked up changes during construction. • 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. Modifications should be submitted prior to certification. This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's Certification and all required supporting documentation. 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 subject 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 02T; 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 SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 U.S. 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_�. i ��% NORTH CAROLINA WQ0036�6 Y OF Haywood Permit No. 0 Aeo(ac) DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this day of by and between the North Carolina Environmental Management-- Commission, an agency of the State of North Carolina,hereinafter known as the COMMISSION; and BW Real Estate Investments. LLC a corporatio eiR n sq�p�,,i� registered/licensed to do business in the State of North Carolina,hereinafter kno i2T 's the DEVELOPER. WITNESSETH: A 2 012- I 1. The DEVELOPER is the owner of the certain lands lying in Haywoodgp©nry which it is erecting and will erect dwelling units and other improvements, s id cclbirt tp T k �qn as Wiggins Campground (hereinafter.the Development) 2. The DEVELOPER desires, to construct a wastewater collection system with pumps,wastewater treatment works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve the Development on said lands. 3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct,maintain, and operate the Disposal System. 4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration),pursuant to Chapter 47C or 47F of the North Carolina General Statutes. 5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the Declaration, the Wiggins Campground (hereinafter Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating,maintaining, re-constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation,maintenance,re-construction and repair. 6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: 1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water Quality has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration. 3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's successor. �- 4.` ` The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal', appurtenances thereto are part of the common elements and shall thereafter be properly maintain, operated in conformity with law and the provisions of the permit for construction, operation,repair;`, maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewak. treatment, collection and disposal system as a common element which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. 5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair,maintain or construct the Disposal System,beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part of the yearly budget. 6. In the event the common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county,water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. 8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the , continued proper maintenance,repair and operation of its Disposal System, the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance,repair and operation of the Disposal System. 10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE ENVIRONMENTAL _Bob Wiggins MANAGEMENT COMMISSION Name of DEVELOPER Charles Wakild, P.E., Director (Signature) Division of tWater Quality � a s —f � � 4 P`rintName and Title , (Date) (�a ) North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary July 25, 2012 Stanley Greenberg One HillTop LLC 75 North Market Street Asheville, NC 28804 Subject: Permit No. WQ0036059 One HiIITop LLC Hill Top Mobile Home Park Wastewater Collection System Extension Dear Mr. Greenberg: Buncombe County In accordance with your application received July 13, 2012 and we are forwarding herewith Permit No. WQ0036059, dated July 25, 2012, to One HiIITop LLC for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to Permit Condition 3, which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. 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 2090 U.S. Highway 70,Swannanoa,NC 28778 One Phone: (828)296-4500 FAX:828 2997043 NOTtI1Ca.roll/ina Internet:yvxAiy.ncwaterguality org �atul+QLl>/ An Equal Opportunity 1 Affirmative Action Employer One HiIITop LLC WQ0036059 July 25, 2012 Page 2 of 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to Applicant for the construction and operation of approximately 1240 linear feet of 6- inch gravity sewer; a 20—gallon per minute pump station with duplex pumps, on-site audible and visual high water alarms, telemetry, and a portable generator receptacle with manual transfer switch; as well as approximately 625 linear feet of 2-inch force main to serve 25 three-bedroom units and 6 two-bedroom units as part of the HiIITop Mobile Home Park project, and the discharge of 8700 gallons per day of collected domestic wastewater into the Metropolitan Sewerage District existing sewerage system, pursuant to the application received July 13, 2012 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast- Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Metropolitan Sewerage District Wastewater Reclamation Facility NPDES Permit No.NC0024911 prior to being discharged into the receiving stream. This permit shall become voidable unless the agreement between One HiIITop LLC and Metropolitan Sewerage District for the collection and final treatment of wastewater is in full force and effect. CJ 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 Jeff Menzel at (828) 296-4658 or via E-mail at jeff.menzel@ncdenr.gov Sincerely, � for Charles Wakild, P.E., Director Division of Water Quality cc: Hudson Owen, Mattern and Craig Buncombe County Building Inspections Department Asheville Regional Office, Surface Water Protection Section Metropolitan Sewerage District NCO024911 Water Quality Central Files PERCS (electronic copy only) S:\SWP\Buncombe\Collection Systems\MSD Collection System WQCS00004\W00036059 Hill TOp Mobile Home Park.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: l. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permitee 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 to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office,, accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems,the Grease Control Program shall include at least bi-annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map, which shall be maintained for the life of the system. 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Per 15A NCAC 2T.0116, upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 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 i the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143-215.6A through §143-215.6C. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number 828-296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport,:such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency.Management at telephone number (800) 858- 0368 or (919). 733-3300.Persons reporting:,any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO'was beyond control. Construction of the subject wastewater collection system shall not commence until approval of the construction and operation of these sewers has been obtained from the Metropolitan Sewerage District of Buncombe County Permit issued this the 25 day of July, 2012 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION r for Charles Wakild, P.E., Director Division of Water Quality by authority of The Environmental Management Commission Permit Number WQ0036059 ,\ �\ `�`f/ �/ FAST TRACK ENGINEERING CERTIFICATION Permittee: One HillTop LLC Permit No. WQ0036059 Project: HillTop Mobile Home Park Expansion Issue Date: July,25, 2012 County: Buncombe Complete and submit this form to the permit issuing regional office with the following: • One copy of the project record drawings (plan & profile views and detail drawings of sewer lines) of the wastewater collection system extension. Final record drawings should be clear on the plans. Record drawings should indicate the design and the marked up changes during construction. • 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. Modifications should be submitted prior to certification. This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's Certification and all required supporting documentation. 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 subject 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 02T; 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 SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 U.S. 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 A*4 T-wy-�h RCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary July 25, 2012 James J Schenker T A Operating LLC 24601 Center Rdg Rd Westlake OH 44145-5634 SUBJECT: Compliance Evaluation Inspection Candler Travel Center Permit No: NCO085952 Buncombe County Dear Mr. Schenker: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on July 17, 2012. As required by Settlement Agreement dated June 6, 2012, TA Operating was to request a visit from the staff of the Asheville Regional Office to observe progress toward meeting compliance with final effluent limits by June 30, 2012. That request was made by James and James Environmental on June 19, 2012 and an inspection was conducted July 17, 2012 by staff of the Asheville Regional office. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4658. Sincerely, Jeff Menze Environmental Specialist Enclosure cc: Juanita Reed James, ORC Central Files Asheville Files S:\SWP\Buncombe\Wastewater\Minors\Candler Travel Center 85952\Suit\CEI Inspection July 17,2012.docx SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NonrthCarolina Phone:(828)296-4500\FAX:828 299-7043 o J Internet: d Vatural[ff United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15 I 31 NC0085952 111 =12I 12/07/17 117 181 C I 19I S I 20I-I Remarks 2111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67I 169 70 I I 711 I 72 I N I 73' ' 174 751 I I I I I I 180 Section B: Facility Data W Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Candler Travel Center 01:00 PM 12/07/17 10/12/01 153 Wiggins Rd Exit Time/Date Permit Expiration Date Candler NC 28715 02:30 PM 12/07/17 15/10/31 Name(s)of Onsite Representative(s)/Tities(s)/Phoneand Fax Number(s) Other Facility Data /// Juanita Reed James/ORC/828-697-0063/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted James J Schenker,24601 Center Rdg Rd Westlake OH 441455634//440-808-7368/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Facility Site Review ■Compliance Schedules Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspe 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/mo/day Inspection Type (cont.) 3 NCO085952 111 12I 12/07/17 117 18I d Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) As required by Settlement Agreement TA Operating was to request a visit from the staff of the Asheville Regional Office to observe progress toward meeting compliance with final effluent limits by June 30, 2012. That request was made by James and James Environmental on June 19, 2012 and an inspection was conducted July 17, 2012 by staff of the Asheville Regional office. The following observations were made during that inspection: (a.) TA will eliminate the rainwater infiltration, as much as can be practically accomplished, to help minimize variability of flow to the system. The EQ tank has been covered reducing much of the infiltration which was occurring at this site. The inspection was done shortly after a storm and no evidence of a rainwater surge to the facility was noted. The operator will continue to monitor the plant for rainwater infiltration. (b.) TA will create a bypass from the pump discharge back to the EQ tank. This task has been completed. (c.) TA will rebuild the tertiary filter. This task is nearly completed, sand and aggregate material still need to be placed into the filter. This material was stock piled on site at the time of inspection. (d.) TA will replace certain tank grating/covers. The EQ tank had a new cover; walkway grating is on-site and ready to be installed. (e.) TA will clean out the grease traps and implement a monthly clean out regime in lieu of the current semi-annual schedule. Grease traps are now being looked at monthly until the facility returns to consistent compliance. (f.) The WWTP operators will meet with site personnel to discuss chemical use and the cleaning procedures used in the restaurant, restrooms, and showers that could affect the WWTP. According to the operators this task has been completed and site personnel now have a better understanding of cleaning procedures and how they pertain to the health of the WWTP. (g.) TA may seek modification of its NPDES permit to propose an alternate discharge location to a higher flow receiving stream, which will change the current permit effluent limits. Consider modification of the NPDES permit NC0085952 to provide an alternate discharge point; and if an alternate discharge point is feasible, seek a permit modification by August 15, 2012. Currently this option is still being evaluated and would benefit the facility if possible. Written notification has been provided to the Regional Office documenting the completion of tasks listed in 2(a.)-(f.)within the settlement agreement and the facility is on track to achieve successful execution of the terms of the Settlement Agreement. Page# 2 Permit: NC0085952 Owner-Facility: Candler Travel Center Inspection Date: 07/17/2012 Inspection Type: Compliance Evaluation Compliance Schedules Yes No NA NE Is there a compliance schedule for this facility? ■ n fl 1-1 Is the facility compliant with the permit and conditions for the review period? ■ 0 0 ❑ Comment: Page# 3 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 26, 2012 Mr. James J. Schenker, Environmental Associate T A Operating LLC 24601 Center Ridge Road Westlake, Ohio 44145-5634 Subject: NOTICE OF VIOLATION NOV-2012-LV-0388 Permit No. NCO085952 Candler Travel Center WWTP Buncombe County Dear Mr. Schenker: A review of Candler Travel Center's WWTP monitoring report for January 2012 showed the following violation: Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day (20 Deg. C) - 01/20/2012 15 mg/I 17.1 mg/I Daily Maximum Concentration Exceeded Remedial actions, if not already implemented, should betaken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 8281296-4500. Sincerely, F Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James &James Environmental/ORC S:\SWP\Buncombe\Wastewater\Minors\Candier Travel Center 85952\N0V-2012-I_V-0388.doc No tKarolina Agtura!!t( North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.newaterguality.org FAX (828)299-7043 �� ���,. I� - �,.... 1�' 4 a:7 WNW w�.�.0 North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 26, 2012 Lee Smith City of Hendersonville PO Box 1760 Hendersonville NC 28793-1760 SUBJECT: Pretreatment Compliance Inspection Hendersonville WWTP Permit No: NCO025534 Henderson County Dear Mr. Smith: Enclosed please find a copy of the Pretreatment Compliance Inspection form from the inspection conducted on May 31, 2012. The Pretreatment Compliance Inspection was conducted by Keith Haynes and Jeff Menzel of the Asheville Regional Office. The - ' program was found to be in Compliance with permit NCO025534 and applicable pretreatment regulations. It should be noted that a review of the City's 2011 Pretreatment Annual Report (PAR) has also been completed with no problems noted. 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. SincereAzel Jeff Me Environmental Specialist Enclosure cc: William J Ashbrook Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 Nor ffiCarolina Phone::ww .ncwat rciFAX:82g8 www.ncwatercivaIitY.oLg_/0_� Naturally Internet:www.ncwaterguality.or 1 S:\SWP\Henderson\Wastewater\Municipal\Hendersonville WWTP 25534\Pretreatment audit 2012.doc ��� �� ;- �j AC ENR NORTH CAROLINA DIVISION OF WATER QUALITY PRETREATMENT AUDIT REPORT Background Information ]Complete prior to audit; review Program Info Database Sheet(s)] 1. Control Authority(POTW)Name: City of Hendersonville 2. Control Authority Representative(s):Bill Ashbrook 3. Title(s):Pretreatment Condinator 4. Address of POTW: Mailing PO Box 1760 City Hendersonville Zip Code 28793 Phone Number 828-697-3057 Fax Number E-Mail bashbrook(i,cityofhendersonville.org 5. Audit Date 05/31/2012 6. Last Inspection Date: 07/27/10 Inspection Type: ❑PCI ®Audit 7. Has Program Completed All Requirements from the Previous Inspection and Program Info Sheet(s)? ®Yes ❑ No If No,Explain. 8. In the last year has the POTW experienced any NPDES or Sludge Permit compliance problems? ❑Yes ® No If Yes,Explain. 9. Is POTW under an Order That Includes Pretreatment Conditions? ❑Yes ® No Order Type and Number: Are Milestone Dates Being Met? ❑Yes ❑ No ❑ NA Parameters Covered Under Order PCS(WENDB)Codin$ Trans.Code Main Program Permit Number MM/DD/YY Inspee.Type Inspector Fac.Type ICJ I N I C I O—1 O 12 15 15 13 14 I 1 05 131 1 121 1 C" I (� (DTIA) (TYPI) (INSP) (FACC) 10. Current Number.of.Si.pificant Industrial Users(SIUS)? 3 IUS .... .............................................................................................................................................................................. S_ I I.... Current Number of Cate orical ............................................................................._g................Industrial Users(CIUS)?.................................................. 2 CILJS........................................................................ ................... 12. Number of 3IUs Not Inspected by POTW in Last Calendar Year? p ....... ........... ....................................................................................................................................... ................... 13. Number ofSIUs Not Sampled-by POTW in Last Calendar Year? . 0 ....... ....................................................................................................................................................... ................... 14. Enter Higher Number of 12 or 13 0 NO1N .........................................................................................................-............................................................................................................................................................................ ................... 15. Number of SIUs with No IUP,or with an Expired IUP 0 NOCP . ............................................... . .. ......................................................................................................... ................... 16. Number of SIUs in SNC for Either Reporting or Limits Violations D ' 0 PSNC Semi-Annual Periods(Total Number of SIUs in SNC) ................................................................................................................................................................................................................................................................................. ................... 17. Number of.SIUs in SNC for Reporting During Either of Last 2Serni-Annual Periods 0 MSN( ................... 18. Number of SN g . s in SNC for Limits Violations During Either of Last 2 Semi-Annual Periods 0 SNPS ................................................................................................................................................................. .............................. ................... 19. Number of SNs in SNC for Both Reporting and Limits Violations Duriu 0 Semi-Annual Periods .............-...................................................................... 20. Number of SIUs in SNC for Self Requirements that were Not Inspected or Sampled 0 I.-S-NIN.- NC DWO Pretreatment Audit Form Revicerl• luk,?s ?rut? „___ , 21. PRETREATMENT PROGRAM ELEMENTS REVIEW- Review POTW files, verify POTW\ Program Element in their File,complete with all supporting documents and PERCS Approval Letter,and dates,\ Program Info: Program Element Last Submittal Last Approval D. Date In file? Date In file If A. Headworks Analysis(HWA) 02/11/2008 ®Yes ❑ No 07/25/2008 ®Yes❑ No 03/31%1. Industrial Waste Survey(IWS) 02/20/2009 ®Yes❑ No 03/30/2009 ®Yes❑ No 10/01/201S,. Sewer Use Ordinance(SUO) 07/12/2007 ®Yes❑ No 11/06/2007 ®Yes❑ No 12/31/2012 Enforcement Response Plan(ERP) 12/14/2001 ®Yes ❑ No 01/18/2002 ®Yes❑ No Long Term Monitoring Plan(LTMP) 01/17/2002 ®Yes❑ No 01/18/2002 ®Yes❑ No Legal Authority(Sewer Use Ordinance-SUO) 22. Do you have any towns and/or areas from which you receive wastewater which are not in your annexed jurisdiction? ®Yes❑ No If yes,Please list these towns and/or areas.Cane Creek Sewer District 23. If yes to 922,Do you have current Interjurisdictional Agreements(IJAs)or other Contracts? ®Yes❑ No ❑NA A copy,if not already submitted,should be sent to Division. 24. If yes to#22,Have you had any trouble working with these towns or districts? ❑Yes ® No ❑NA If yes,Explain. 25. Date of Last SUO Adoption by Local Council 06/07/2007 26. Have you had any problems interpreting or enforcing any part of the SUO? ❑ Yes® No If yes,Explain. Enforcement(Enforcement Response Plan-ERP) 27. Did you send a copy of the ERP to your industries? ®Yes ❑ No If no,POTW must send copy within 30 days. 28. Have you had any problems interpreting or enforcing any part of the ERP (i.e. any adjudication, improper enforcement, etc? ❑Yes® No If yes,Explain. 29. List Industries under a Schedule or Order and Type of Schedule or Order None Resources 30. Please Rate the Following: S=Satisfactory M=Marginal U=Unsatisfactory Rating Explanation,if Unsatisfactory Personnel Available for Maintaining POTW's Pretreatment Program ®S❑M❑U Access to POTW Vehicles for Sampling, Inspections, and ®S❑M❑U Emergencies Access to Operable Sampling Equipment ®S❑M❑U Availability of Funds if Needed for Additional Sampling and/or Analysis ®S❑M❑U Reference Materials ®S❑M❑U Staff Training (i.e. Annual and Regional Workshops, Etc.) ®S❑M❑U Computer Equipment (Hardware and Software) ®S❑M❑U Xrn n117� A-A.'. vines r 1. Does the POTW have an adequate data management system to run the pretreatment program? ®Yes❑ No Explain Yes or No. Computer data base 32. How does the POTW recover the cost of the Pretreatment Program from their industries?Explain. Billing for outside lab cost Public Perception/Participation 33. Are there any local issues affecting the pretreatment program (e.g.. odor,plant closing,new or proposed plants)? ❑Yes ® No If yes,Explain. 34. Has any one from the public ever requested to review pretreatment program files? ❑Yes Z No If yes,Explain procedure.If no,How would the request be addressed?File review in house 35. Has any industry ever requested that certain information remain confidential from the public? .❑ Yes ® No If yes, Explain procedure for determining whether information qualified for confidential status, as well as procedure for keeping files confidential from public. If no.how would the request be addressed?. 36. In addition to annual inspection, does the POTW periodically meet with industries to discuss pretreatment? ® Yes ❑ No 37. Is the public notified about changes in the SUO or Local Limits? ❑Yes® No 38. Were all industries in SNC published in the last notice? ❑Yes ® No None to publish Permitting(Industrial Waste Survey-IWS) 39a...How does the POTW become aware of new or changed Users?Through water department 39b. Once the POTW becomes aware of new or changed Users, how does the POTW determine which industries have the reasonable potential to adversely impact the WWTP and therefore require a new permit or a permit revision? (Who is an SIU?)IWS short form 40. Does the POTW receive waste from any groundwater remediation projects (petroleum, CERCLA) or landfill leachate? ®Yes ❑No If Yes,How many are there?One Please list each site and how it is permitted,if applicable. GE 41. Does the POTW accept waste by(mark if applicable) ®Truck ❑Dedicated Pipe ❑NA 42. If the POTW accepts trucked waste,what controls are placed on this waste? (example. designated point, samples drawn,manifests required)Designated point 43. How does the POTW allocate its loading to industries?Mark all that apply ❑Uniform Limits ®Historical Industry Need ❑By Surcharge ® Categorical Limits ❑ Other Explain Other: 44. Review POTW's copies of current allocation tables for each WWTP. Are there any over allocations? ❑Yes® No If yes,What parameters are over allocated? 45. If yes to 943,What is being done to address the over allocations?(short-term IUDs,HWA to be revised,pollutant study, etc.) N/A 46. Does the POTW keep pollutant loading in reserve for future growth/safety? ®Yes❑ No If yes,what percentage of each parameter BOD 37%other up to 90% 47. Has the POTW experienced any difficulty in allocation?(for example: adjudication by an industry) ❑Yes ® No If yes,Explain. 48. How does the POTW decide on which pollutants to limit in the permits? Monitor for? (for example: were only those pollutants listed on the application limited;categorical parameters;NPDES Pollutants of Concern) NPDES and Categorical NC DWQ Pretreatment Audit Form Revised: July 25,2007 n,nA z 49. How does the POTW decide what the monitoring frequency should be for the various pollutants in iuL Explain. Specific issues SIU or categorical Permit Compliance 50. Does the POTW currently have or during the past year had any permits under adjudication? ❑Yes® No If yes,which industries? What was(will be)the outcome of the adjudication? 51. Demonstrate how the POTW judges compliance. This should include compliance judgment on all violations of limits, reporting requirements, and permit conditions, as well as for SNC. During inspections, spreadsheet, and also reviews data as it is submitted. 52. Does the POTW use the Division's model inspection form or equivalent? ®Yes❑ No If no,does the POTW form include all DWQ data? ❑Yes❑ No 53. Were all SIUs evaluated for the need of a slug/spill control plan during their most recent inspections? ®Yes❑ No If no,Explain. 54. What criteria are used to determine if a slug/spill control plan is needed? Based on chemicals/materials stored on site. 55. What criteria does the POTW use to determine if a submitted slug/spill control plan is adequate? Revised every three years and does it meet federal standards 56. How does the POTW decide where the sample point for an SIU should be located? Making sure it is located where it gets only the process stream 57. Has the POTW established a procedure to ensure that representative samples will be taken by the POTW or SIU each time? (example: correct location; proper programming of sampler; clean equipment; swirling the sample bucket uniformly) POTW: ®Yes ❑ No SIU: Z Yes ❑ No If yes,Explain. Observation and review,-,, of procedures 58. Who performs sample analysis for the POTW for Metals Pace Conventional Parameters In House Organics Pace 59. Explain the Chain of Custody Procedure used for both in house and commercial lab samples. Standard SOP and COCs Long/Short Term Monitoring Plan(L/STMP)and Headworks Analysis(HWA) 60a. Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ®YES ❑NO 60b. Are Correct Detection Levels being used for all LTMP/STMP Monitoring? ®YES ❑NO 60c. Is LTMP/STMP Data Maintained in Table or Equivalent? ®YES ❑NO Is Table Adequate? ®YES ❑NO 60d. All LTMP/STMP effluent data on Discharge Monitoring Report(DMR)?®YES❑NO 60e. If NO to any above,list violations 60f. Should any Pollutants of Concern be Eliminated from or Added to LTMP/STMP? ® YES ❑NO If yes,which ones?Eliminated: Added: 61. Do you complete your own headworks analysis(HWA)? ®Yes❑ No If no,Who completes your HWA? Phone(_) -- 62. Do you have plans to revise your HWA in the near future? ❑Yes® No If yes,What is the reason for the revision?(mark all that apply) ❑Increased average flow ❑NPDES limits change ❑More LTMP data available ❑Resolve over allocation ®5 year expiration ❑Other j Explain. 63. In general,what is the most limiting criteria of your HWA? ❑Inhibition ®Pass Through ❑Sludge Quality Nf'MAY)P—t—t—t A...iit Pam+,,, RP.,;oPA• hdv 7S 'MA7 D---e -)o you see any way to increase your loading in the future(Example: obtaining more land for sludge disposal)? ❑ Yes ® No Explain. Summary 65. Do you plan any significant changes to the pretreatment program or changes to the WWTP that may affect pretreatment? NO NC DWO Pretreatment Audit Form Revised- hily?5 ?0O7 u INDUSTRIAL USER PERMIT(IUP)FILE REVIEW(3 IUP FILE REVIEWS AND 1 IU INSPECTI01", 66. User Name 1.Coats North America `. 3. I 67. IUP Number 3 �- 68. Does File Contain Current Permit? ®Yes ❑ No ❑Yes ❑ No 69. Permit Expiration Date 12/31/2012 70. Categorical Standard Applied(I.E.40 CFR,Etc.)Or N/A 71. Does File Contain Permit Application Completed Within One Year Prior ®Yes ❑ No ❑Yes ❑ No ❑Yes L, to Permit Issue Date? 72. Does File Contain Inspection Completed Within Last Calendar Year? ®Yes ❑ No ❑Yes ❑ No ❑Yes ❑ 73. a.Does File Contain Slug/Spill Control Plan? a. ®Yes❑No a. ❑Yes[:]NO a. []Yes ❑l b.If No,is One Needed?(See Inspection Form from POTW) b. ❑Yes ❑No b. ❑Yes ❑No b. ❑Yes ❑: 74. For 40 CFR 413 and 433 TTO Certification, Does File Contain a Toxic ❑Yes❑NoNN/A ❑Yes❑No❑N/A ❑Yes❑No❑ Organic Management Plan(TOMP)? 75. a.Does File Contain Original Permit Review Letter from Division? a. ❑Yes❑No a. ❑Yes❑No a. ❑Yes Ellb.All Issues Resolved? b.❑Yes❑No❑N/A b.❑Yes❑No❑N/A b.❑.Yes❑Nor_ 76. During Most Recent Semi-Annual Period, Did POTW Complete its Z Yes ❑ No ❑Yes ❑ No ❑ Yes ❑ Sampling as Required by IUP,including Flow? 77. Does File Contain POTW Sampling Chain-Of-Custody Forms? I Yes ❑ No ❑Yes ❑ No ❑Yes ❑ 78. During Most Recent Semi-Annual Period, Did SIU Complete its 0Yes❑No0N/A ❑Yes❑No❑N/A ❑Yes❑No❑ Sampling as Required by IUP,including Flow? 79. During Most Recent Semi-Annual Period,Did SIU submit all reports on ❑Yes❑No®N/A ❑Yes❑No❑N/A ❑Yes❑No❑ time? 80a. For categorical IUs with Combined Wastestream Formula (CWF), does ❑Yes❑NoNN/A ❑Yes❑No❑N/A ❑Yes❑No❑ file include process/dilution flows as Required by IUP? 80b. For categorical IUs with Production based limits, does file include ❑Yes❑NoNN/A ❑Yes❑No❑N/A ❑Yes❑No❑ production rates and/or flows as Required by IUP? 81. During Most Recent Semi-Annual Period, Did POTW Identify All ®Yes ❑ No ❑Yes ❑ No ❑Yes-,❑ Limits Non-Compliance from Both POTW and SIU Sampling? ` j 82. During Most Recent Semi-Annual Period, Did POTW Identify All ❑Yes❑NoNN/A ❑Yes❑No❑N/A ❑YespNop Reporting Non-Compliance from SIU Sampling? 83. a. Was POTW Notified by SIU (Within 24 Hours) of All Self- a.❑Yes❑No®N/A a.❑Yes❑No❑N/A a.❑Yes❑NoC Monitoring Violations? b.Did Industry Resample and submit results to POTW within 30 Days? b.❑Yes❑No®N/A b.❑Yes❑No❑N/A b.❑Yes❑No❑ c.If applicable, did POTW resample and obtain results within 30 days of c.❑Yes❑MON/A becoming aware of SIU`limit violations in the POTW's sampling of SIU? c.❑Yes❑No❑N/A a❑Yes❑No❑ 84. During Most Recent Semi-Annual Period,Was SIU in SNC? I ❑Yes ® No 11 El Yes ❑ No ❑Yes ❑ 85. During Most Recent Semi-Annual Period, Was Enforcement Taken as ❑Yes❑NoNN/A ❑Yes❑No❑N/A ❑Yes❑No❑ Specified in POTW's ERP(NOVs,Penalties,timing,etc.)? 86. Does File Contain Penalty Assessment Notices? ❑Yes❑NoNN/A ❑Yes❑No❑N/A ❑Yes❑No❑ 87. Does File Contain Proof Of Penalty Collection? ❑Yes❑NONN/A ❑Yes❑No❑N/A ❑Yes❑No❑ 88. a.Does File Contain Any Current Enforcement Orders? a.❑Yes❑No®N/A a.❑Yes❑No❑N/A a.❑Yes❑NoC b.Is SIU in Compliance with Order? b.❑Yes❑NoNN/A b.❑Yes❑No❑N/A b.❑Yes❑NoC 89. Did POTW Representative Have Difficulty in Obtaining Any Requested ❑Yes ® No ❑Yes ❑ No ❑Yes ❑ Information For You? FILE REVIEW COMMENTS: XSTRY INSPECTION PCS CODING: Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac. Type ( N L_NICIO 10 12 15 15 13 14 [ 05 31 112J if (DTIA) (TYPI) (INSP) (FACC) 1.Industry Inspected: Coats America 2.Industry Address: Hwy 64 West,Hendersonville NC 28793 3.Type of Industry/Product: Textile 4.Industry Contact: Danny Fulcher Title: Maintenance Mgr Phone: Fax: 5.Does the POTW Use the Division Model Inspection Form or Equivalent? ® Yes ❑ No 6.Did the POTW Contact Conduct the Following Parts of the Industrial Inspection Thoroughly? Comments: A. Initial Interview ®Yes ❑ No B. Plant Tour ®Yes ❑ No C. Pretreatment Tour ®Yes ❑ No D. Sampling Review ®.Yes ❑ No E. Exit Interview ®Yes ❑ No Industrial Inspection Comments: Audit SUMMARY AND COMMENTS: Audit Comments: Requirements: Recommendations: NOD: ❑Yes ❑ No NOV: ❑Yes ❑ No QNCR: ❑Yes ❑ No POTW Rating: Satisfactory ® Marginal ❑ Unsatisfactory❑ Audit COMPLETED BY:Jeff Menzel DATE: 05/31/2012 Asheville Regiona f NC DWO Pretreatment Audit Form Revised: ;lulu 25_200 P-I I i NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 26,2012 Mr.J.J. Swain,Jr.,P.E. Division 13 Engineer N.C.Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Inspection DWQ Project 10-1017 TIP No. U-2550B NC Highway 18 @ I-40 Burke County Dear Mr. Swain: On July 18,2012, I inspected the construction work on TIP Project No.U-2550B,NC Highway 18 at Interstate 40 in Burke County. The inspection included-a review of the construction and-compliance-with the-401 Water Quality Certification. Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection report for any specific items noted during the inspection. If you have questions,please call me at 828-296-4500. Sincerely, 'Z?7_6E�" Michael R. Parker Environmental Senior Specialist Attachment cc: Brian C. Skeens,PE Roger Bryan, Division 13,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office R-2550B NC Highway 18 @ I-40 July 2012 Inspection Letter SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-2964500 t FAX:828-299-7043 One Internet:www.ncwatemuality.ora NOrthCarollna An Equal Opportunity!Affirmative Action Employer ;/?'t1/yt/j'I rt/ Wetiand Inspection Report Project Num: 20101017 Version: 1 Status: Issued Project Name: NCDOT-NC 18(U-2550B) Project Type: Road maintenance/repair/improvements County: Burke Region: Asheville Location: NCDOT-NC 18(U-2550B) Latitude: Longitude: SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 07/18/2012 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: 0 Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: 0 Permit(401 WQC) Inspection Summary: Looked at project and it appeared to be in good condition. Several minor problems were noted with bank erosion which are to be corrected. Continue to maintain sediment and erosion control measures as required and seed and mulch areas as needed. Permit(401 WQC} Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? 0 11 Are the culverts and/or filled areas installed properly? 0 0 Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ❑ 0 Comment: Page: 1 afA4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, RE. Dee Freeman Governor Director Secretary July 26,2012 Mr.J.J. Swain,Jr.,P.E. Division 13 Engineer N.C.Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Inspection-US Highway 221 DWQ Project 08-1809 Individual Certification No. 3784 TIP Nos. R-2233AA and AB Sections Rutherford County Dear Mr. Swain: On July 9 and 24,2012,I inspected the construction work on the US Highway 221 Project,R-2233AA and AB Sections, in Rutherford County. Construction continues along most of the project with heavy grading,bridge construction,culvert construction,pipe installation and roadbed preparation. Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection reports for any specific items noted during the inspection. If you have questions,please call me at 828-296-4500. Sincerely, Michael R.Parker Environmental Senior Specialist Attachment cc: Brian C. Skeens, PE Roger Bryan,Division 13,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office US Highway 221 July 2012 Inspection Letter SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 One Internet:www.ncwaterauality.ora No thCa rofina An Equal Opportunity 1 Affirmative Action Employer Nwarlll f Wetland Inspection Report Project Num: 20081327 Version: 1 Status: Issued Project Name: NCDOT-SR 1783(R-4430) Project Type: Road/Highway Widening County: Henderson Region: Asheville Location: NCDOT-SR 1783(R-4430) Latitude: +35°17'51" Longitude: -82°24'25" SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 07/05/2012 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: Permit(401 WQC) Inspection Summary: Immediately seed and mulch all disturbed areas throughout project. Temporary seed and mulch all disturbed areas along 1-26 ramps and bridge. Install inlet protection at temporary slope drain at 1-26. Install inlet protection at drop inlet below 1-26 bridge in paved ditch. Repair silt fence and washed area near inlet to 48-inch pipe and remove collected silt at outlet. Remove any rock that has fallen into stream below rock plating at stormwater pond. Page: 1 Project Num: 20081327 Owner: NC DOT PDEA Inspection Date: 07/05/2012 Inspection Type: Site Inspection(DOT) Reason for Visit: Routine Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ n ❑ n Are the culverts and/or filled areas installed properly? ■ n n n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ■ n n I_l Comment: Page: 2 x 40* .:.... !n NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, RE, Dee Freeman Governor Director Secretary July 26, 2012 Mr.J.J. Swain, Jr.,P.E. Division 13 Engineer N.C.Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Stormwater Inspection TIP No. B-4046 Bridge No. 175 NCSR 1901 Wards Gap Road Burke County Dear Mr. Swain: On July 18,2012,I inspected the construction work on TIP Project No.B-4046,on NCSR 1901 (Wards Gap Road). The inspection included a review of the construction, compliance with the 401 Water Quality Certification and Stormwater Permit. Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection report for any specific items noted during the inspection. If you have questions,please call me at 828-296-4500. Sincerely, , 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 B-4046 NCSR 1901 071812 Storrawater 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 Internet:www.ncwaterouality.om NorthCarohna An Equal Opportunity''\Affirmative Action Employer Natula!!Y \` i i\ ✓f Site Inspection Report Site Number: WT000489 Site Name: B-4046 Site Address: County: Burke Region: Asheville Directions: Latitude: Longitude: Site Owner Name: NCDOT Inspection Date: 07/18/12 Reason for Inspection: Routine Inspection Type: Records/File Review(DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: Compliant n Not Compliant Program Area: Construction SW(NCG010000) Question Areas: E NCG010000 Permit Inspection Summary: The bridge was almost complete. Side walls were being poured at the time of inspection. Sediment and erosion control structures appeared to be in good condition. Records appeared to be in good condition except the DOT inspector had not signed the forms for the past few weeks. Reports need to be signed each week. Page: 1 Site Number: WT000489 owner: NCDOT Inspection Date: 07/18/12 Inspection Type: Records/File Review(DOT) Reason for Visit: Routine NCGO10000 Permit Yes No NA NE #Is this inspection related to a DLR/delegated program inspection? ■ n n n If Yes,what was the DLR/delegated program inspection date? Is the site following its E&SC Plan as per DLR or delegated program? ■ n n Cl Is the site maintaining their E&SC measures as per DLR or delegated program? ■ n n n Is a copy of the approved E&SC p►an on site? ■ n n n Is a rain gauge present on-site or is MPE in use for the site? ■ n n n Is rain gauge data or MPE data recorded? ■ n n n Are inspection records complete? n ■ n n Is the site compliant with other conditions of the NCG010000 permit? a n n n Comment: There was no signature from the DOT Inspector for the past few weeks. Page: 2 Y NCt NR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 26,2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 8943 Mr. J. Robert Boyette City of Marion Corpening Creek WWTP .P.O. Drawer 700 Marion,North Carolina 28752 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0386 Corpening Creek WWTP NPDES Permit No.NCO031879 McDowell County Dear Mr. Boyette: A review of the January 2012 self-monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 01/31/2012 001 TSS 35.38 mg/1 30 mg/1 01/14/2012 001 TSS 128.24 mg/1 45 mg/1 A Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE)is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NCO031879. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the January 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. StRFACC btA1 ER PROTECTION SECTION—ASEIEVILI E RECTIONA:L OFFICE Location:2090 U.S.Highway Ill Swannanoa,North Carolina 28778 One Phone:828 296-4�00\Fax:828 299-7043 NorthCarolina Internet:hfto:Hpor al.ncdenr.om/web/wq 4�y,�ah,1,R1 1f An Equal Opportunity'.Affirmative Action Employer--.s0%Recycled%lf''.Post Consumer paper l Mr. J. Robert Boyette A July 26, 2012 Page Two v\ Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems,and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact Janet Cantwell of this Office for additional information. If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, r _ g Chuck Cranford,Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files Bob Guerra/DWQ Point Source 1..S\-VP'vdblci:>ey.veil \ 8S1.o�at&.%Municjj)aV, 'orpeningC eel<Gt'W'IP� " . I Ii�'�j� NCD NR North Carolina Department of Environment and Natural Resources Division of Water Quality .,everly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 26,2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 8950 Mr. James J. Schenker,Environmental Associate T A Operating LLC Candler Travel Center 24601 Center Ridge Road Westlake, Ohio 44145-5634 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0390 Candler Travel Center WWTP NPDES Permit No.NCO085952 Buncombe County Dear Mr. Schenker: A review of the April 2012 self-monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 04/03/2012 001 BOD 12.2 mg/1 7.5 mg/1 04/24/2012 001 BOD 11.3 mg/1 7.5 mg/1 04/30/2012 001 BOD 5.88 mg/1 5 mg/1 A Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0085952. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the April 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. S11RFACE WATER PROTECTION SEC HON-AS EVIL t E REGIONAL OFFICE Location:2090 U.S.Highway 70 Swannanoa.North Carolina 28778 One Phone:823 296-4500\Fax.828 299-7043 NorthCaro/lina Internet:hUp://portal,nedenr.o(q/web/wq Nahlralk An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 10'•o Post Consumer paper Mr. James J. Schenker July 26,2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems,and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files Bob Guerra/DWQ Point Source g �i E".13�sncomhe l4 tste vat r -tincx,C:tzt tiler t1a.e1 Center 85952 NOV-NRt:.2012 1 V-0190.doc i �/i AWA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, RE, Dee Freeman Governor Director Secretary July 26,2012 Mr.J.J. Swain,Jr.,P.E. Division 13 Engineer N.C. Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Inspection TIP No. B-5113 C Bridges 352-353 Burke County Dear Mr. Swain: On July 24,2012,I inspected the construction work on TIP Project No. B-5113C,NCSR 1874, in Burke County. The inspection included a review of the construction and compliance with the 401 Water Quality Certification. Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection report for any specific items noted during the inspection. If you have questions,please call me at 828-296-4500. Sincerely, 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 B-5113C NCSR 1874 July 2012 Inspection Letter SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 One Internet:www.ncwatemuality.org NorffiCa.I'olina An Equal Opportunity 1 Affirmative Action Employer ;Vatu ftallf Site Inspection Report Site Number: WT000490 Site Name: B-5113C Site Address: Po Boox 3279 County: Burke Region: Asheville Directions: Latitude: Longitude: Site Owner Name: NCDOT Division 13 Inspection Date: 07/24/12 Reason for Inspection: Routine Inspection Type: Site Inspection(DOT) Inspection Contact Person: Phone: On-Site Representative(s) Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: ■ Compliant 0 Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: N Permit(401 WQC) Inspection Summary: Work has just started on project. Sediment and erosion control devices installed. Work consisted of installing piping and crossover. Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? Q Q Are the culverts and/or filled areas installed properly? n 0 n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ❑ ❑ n Comment: Page: 1 ..,.,Na .�.rraa�.�► NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 26, 2012 Mr. David Wack Fletcher Academy Inc. P.O. Box 5335 Fletcher, North Carolina 28732 Subject: NOTICE OF VIOLATION NOV-2012-LV-0395 Permit No. NCO036641 Fletcher Academy WWTP Henderson County Dear Mr. Wack: A review of Fletcher Academy WWTP's monitoring report for March 2012 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Nitrogen, Ammonia Total 03/31/2012 11 mg/I 12.02 mg/I Monthly (as N) - Concentration Average Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, J Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James &James Environmental/ORC S:,SWP\HendersoniWastelvater\Minors\Fletcher Academy 36641\NOV-201 2-LV-0395.doc NoithCarolina ,Naturallb North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.newaterguality.org FAX (828)299-7043 %' I % �" '� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves-Perdue— - Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 26, 2012 Mr. David Wack Fletcher Academy Inc. P.O. Box 5335 Fletcher,.North Carolina 28732 Subject: NOTICE OF VIOLATION NOV-2012-LM-0039 Permit No. NCO036641 Fletcher Academy WWTP Henderson County Dear Mr. Wack: A review of Fletcher Academy WWTP's monitoring report for April 2012 showed the following violations: Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day(20 Deg. C) - 04/30/2012 30 mg/I 32.83 mg/I Monthly Average Concentration Exceeded Parameter Date Measuring Violation Frequency Flow, in conduit or thru treatment 04/01/2012 Continuous Failure to Monitor plant Temperature,Water Deg. 04/21/2012 Weekly Failure to Monitor Centigrade 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 above BOD limit violation, it is not requested that a response be submitted. If the above parameters for Flow and Temperature were left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerel , Chuck Crarrtord, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James&James Environmental/ORC S:\SWP\Henderson\Wastewater\Minors\Fletcher Academy 36641\NOV-2012-LM-0039.doc NorrhCarolina Natura!!� North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org FAX (828)299-7043 �' `, ��i ��`�, ����; NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary July 26, 2012 Jason Brown, Vice President JMB Investment Dollar General Stores c/o JMB Investment Co. LLC 9047 Executive Park Drive Knoxville, TN 37923 Subject:Permit No. WQ0036069 Dollar General Stores c/o JMB Investment Dollar General Store at Highway 74B & Bostic Highway Wastewater Collection System Extension Rutherford County Dear Mr. Brown: In accordance with your application received July 23, 2012 and we are forwarding herewith Permit No.WQ0036069, dated July 26, 2012, to Dollar General Stores c/o JMB Investment Co. LLC for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to Permit Condition 3, which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. 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 2090 U.S.Highway 70,Swannanoa, NC 28778 NorthCarolina Phone:(828)296-4500 FAX:828 2997043 Intemet:www.ncyvaterquality.org� Naturally An Equal Opportunity\Affirmative Action Employer Dollar General Stores c/o JIVIB Investment Co WQ0036069 July 26,2012 Page 2 of 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to Dollar General Stores c/o JMB Investment Co. LLC for the construction and operation of approximately a 20—gallon per minute pump station with duplex pumps, on-site audible and visual high water alarms, telemetry, and a portable generator receptacle as well as approximately 52 linear feet of 2-inch force main as part of the Dollar General Store at Highway 74B and Bostic Sunshine Highway project and the discharge of 100 gallons per day of collected domestic wastewater into the Town of Forest City's existing sewerage system, pursuant to the application received July 23, 2012 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Town of Forest City's Wastewater Treatment Facility NC0025984 prior to being discharged into the receiving stream. This permit shall become voidable unless the agreement between Dollar General Stores c/o JMB Investment Co. LLC and Town of Forest City for the collection and final treatment of wastewater is in full force and effect. 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 Jeff Menzel at 828-296-4500 or via E-mail at jeff.menzel@ncdenr.gov Sincerely, -17 for Charles Wakild, P.E., Director Division of Water Quality cc: David W. Odom, P.E. Odom Engineering Rutherford County Health Department Asheville Regional Office, Surface Water Protection Section Town of Forest City WWTP NCO025984 Water Quality Central Files PERCS (electronic copy only) SASWP\Rutherford\Collection Systems\Forest City Collection System\WQ0036069 Dollar General HWY 74 and Bostic.doc ;' NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; 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 Permitee 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 to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional offict', accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as,, required by North Carolina General Statute §143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems,the Grease Control Program shall include at least bi-annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map, which shall be maintained for the life of the system. 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Per 15A NCAC 2T.0116, upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 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. a. 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: 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-pas&.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 and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part 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 26 day of July, 2012 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Charlesakild, P.E., Director Division of Water Quality by authority of The Environmental Management Commission Permit Number WQ0036069 .�' i �_ ���� FAST TRACK ENGINEERING CERTIFICATION Permittee: Dollar General Stores c/o JMB Investment Permit No. W00036069 Project: Dollar General Store at Highway 74B & Bostic Highway Issue Date: July 26, 2012 County: Rutherford Complete and submit this form to the permit issuing regional office with the following: • One copy of the project record drawings (plan & profile views and detail drawings of sewer lines) of the wastewater collection system extension. Final record drawings should be clear on the plans. Record drawings should indicate the design and the marked up changes during construction. • 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. Modifications should be submitted prior to certification. This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's Certification and all required supporting documentation. 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 subject 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 02T; 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 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. r NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, RE. Dee Freeman Governor Director Secretary July 26, 2012 Mr. James J. Schenker, Environmental Associate T A Operating LLC 24601 Center Ridge Road Westlake, Ohio 44145-5634 Subject: NOTICE OF VIOLATION NOV-2012-LV-0389 Permit No. NCO085952 Candler Travel Center WWTP Buncombe County Dear Mr. Schenker: A review of Candler Travel Center's WWTP monitoring report for February 2012 showed the following violation: Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day (20 Deg. C) - 02/21/2012 15 mg/I 19.7 mg/I Daily Maximum Concentration Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4600. Sincerely, l' Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James & James Environmental/ORC S:1SWP1Buncoi-nbelWastewater\Minors\Candler Travel Center 85952\NOV-2012-LV-0389.doc No thCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org FAX (828)299-7043 T;A �4 AW � NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 26,2012 Mr.J.J. Swain,Jr.,P.E. Division 13 Engineer N.C.Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Inspection-US Highway 221 DWQ Project 08-1809 Individual Certification No.3784 TIP Nos.R-2233AA and AB Sections Rutherford County Dear Mr. Swain: On July 9 and 24,2012,I inspected the construction work on the US Highway 221 Project,R-2233AA and AB Sections, in Rutherford County. Construction continues along most of the project with heavy grading,bridge construction,culvert construction,pipe installation and roadbed preparation. Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection reports for any specific items noted during the inspection. If you have questions,please call me at 828-296-4500. Sincerely, - �� Michael R.Parker Environmental Senior Specialist Attachment cc:Brian C. Skeens,PE Roger Bryan,Division 13,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office US Highway 221July 2012 Inspection Letter SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 One Intemet:wwwmwatermuality.org NofthCarolina An Equal Opportunity 1 Affirmative Action Employer Aaft(rallY /__ j \�/ '�f Wetland Inspection Report Project Num: 20081809 Version: 1 Status: Issued Project Name: NCDOT-US 221 (R-2233a) Project Type: Road/Highway Widening County: Rutherford Region: Central Location: NCDOT-US 221 (R-2233a) Latitude: +35'12'21" Longitude: -81°50'18" SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 07/09/2012 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: n Compliant E Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: Permit(401 WQC) Inspection Summary: Reviewed project on July 9,2012. Checks and waddles near Stations 233+00 to 236+00 in the middle of the roadway should be cleaned. The other parts of the project appear to be in good condition. Reviewed project on July 24,2012. Recent heavy rains have resulted in the loss of sediment into Long Branch downstream of the culvert and offsite near the culvert. Station near Station 536+00. Sediment should be removed from the stream and from any areas that are off the DOT right of way. Seed and mulch any bare areas. Continue to maintain sediment and erosion control devices. Page: 1 Project Num: 20081809 Owner: NC DOT PDEA Inspection Date: 07/09/2012 Inspection Type: Site Inspection(DOT) Reason for Visit: Routine Perm0401_W_QC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ n n n Are the culverts and/or filled areas installed properly? ■ n n n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n ■ ❑ n Comment: Sediment was lost into Long Branch and offsite near the culvert at Long Branch. i' Page: 2 ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 27,2012 Mr.J.J. Swain,Jr.,P.E. Division 13 Engineer N.C.Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Inspection TIP No.BK-S 125 NCSR 1189 Mitchell County Dear Mr. Swain: On July 16,2012,I inspected the construction work on TIP Project No. BK-5125,NCSR 1189 over Cane Creek, in Mitchell County. Construction of the new bridge is approximately 60%complete. The sediment and erosion control measures appear to be working properly. Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection report for any specific items noted during the inspection. If you have questions,please call me at 828-296-4500. Sincerely, Michael R.Parker Environmental Senior Specialist Attachment cc: Garry Moore,PE Roger Bryan,Division 13,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office BK-5125 NCSR 1189 July 2012 Inspection Letter SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 one Internet:www.ncwaterpualitv.org NorthCarollna An Equal Opportunity t Affirmative Action Employer ;V1dU1rd71& Site Inspection Deport Site Number: WT000491 Site Name: BK-5125 Site Address: PO Box 3279 County: Mitchell Region: Asheville Directions: Latitude: Longitude: Site Owner Name: NCDOT Division 13 Inspection Date: 07/16/12 Reason for Inspection: Routine Inspection Type: Site Inspection(DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: ■ Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: Permit(401 WQC) Inspection Summary: Looked at project site with inspector. Bridge project is apporximately 60%complete. Sediment and erosion control structures appear to be functioning properly. Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n n n Are the culverts and/or filled areas installed properly? n n n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n ❑ n Comment: Bridge construction is approximately 60% complete. Page: 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 27,2012 Mr. J.J. Swain,Jr.,P.E. Division 13 Engineer N.C.Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Stormwater Inspection TIP No.B-4851 Bridge No. 31 NCSR 1308 Double Island Road Yancey County Dear Mr. Swain: On July 16,2012,1 inspected the construction work on TIP Project No. B-4851, on NCSR 1308(Double Island Road), in Yancey County. The inspection included a review of the construction,compliance with the 401 Water Quality Certification and Stormwater Permit. Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection report for any specific items noted during the inspection. If you have questions,please call me at 828-296-4500. Sincerely, Michael R.Parker Environmental Senior Specialist Attachment cc: Roger Bryan,Division 13,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office B-4851 NCSR 1308 071612 Stormwater 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 Oita Internet:www.ncwaterouality.ora NorfhCarohna An Equal Opportunity 1 Affirmative Action Employer Na t/rally \\ �l� Wetland Inspection Report Project Num: 20110713 Version: 1 Status: Issued Project Name: NCDOT-Bridge No.31 on SR 1308(B-4851) Project Type: Replace bridge with bridge County: Yancey Region: Asheville Location: NCDOT-Bridge No.31 on SR 1308(B-4851) Latitude: +36°00'14" Longitude: -85°14'01" SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 07/16/2012 Reason for Inspection: Routine Inspection Type:Records/File Review(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: 0 Compliant n Not Compliant Program Area: Construction SW(NCG010000) Question Areas: E NCG010000 Permit Inspection Summary: Inspected work on bridge project. Culvert has been installed and work on the new bridge is underway. All sediment and erosion control structures appear to be working properly. All records and reports are being maintained in a good and orderly manner. Page: 1 Project Num: 20110713 Owner: NC DOT PDEA Inspection Date: 07/16/2012 Inspection Type: Records/File Review(DOT) Reason for Visit: Routine NCGO10000 Permit Yes No NA NE #Is this inspection related to a DLR/delegated program inspection? ■ n n f1 If Yes,what was the DLR/delegated program inspection date? Is the site following its E&SC Plan as per DLR or delegated program? ■ n n n Is the site maintaining their E&SC measures as per DLR or delegated program? ■ n n n Is a copy of the approved E&SC plan on site? ■ n n n Is a rain gauge present on-site or is MPE in use for the site? ■ n n n Is rain gauge data or MPE data recorded? ■ n n n Are inspection records complete? ■ n n n Is the site compliant with other conditions of the NCGO10000 permit? n n n n Comment: Records and reports are being maintained in a good orderly manner. Page: 2 L') w`wh WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 30,2012 Mr.J. J. Swain, Jr., P.E. Division 13 Engineer N.C. Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Stormwater Inspection TIP No.B-5113C Bridge No. 140 NC Highway 197 Mitchell County Dear Mr. Swain: On July 16,2012, I inspected the construction work on TIP Project No. B-5113C,Bridge No. 140,over Big Rock Creek,on NC Highway 197, in Mitchell County. The inspection included a review of the construction, compliance with the 401 Water Quality Certification and Stormwater Permit. Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection report for any specific items noted during the inspection. If you have questions,please call me at 828-296-4500. Sincerely, Michael R.Parker Environmental Senior Specialist Attachment cc: Garry Moore,PE Roger Bryan,Division 13, DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker, Asheville Regional Office B-5113C Bridge No.140 071612 Stormwater 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 Internet:wuwv.ncwaterauality.org NortllCaro//fina An Equal Opportunity\ /Affirmative Action Employer � lf"tura l ff 1 �\\ \`� Site Inspection Report Site Number: WT000492 Site Name: B-5113C Bridge No. 140 Site Address: County: Mitchell Region: Asheville Directions: Latitude: Longitude: Site Owner Name: NCDOT Division 13 Inspection Date: 07/16/12 Reason for Inspection: Routine Inspection Type: Records/File Review(DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: Compliant n Not Compliant Program Area: Construction SW(NCG010000) Question Areas: 0 NCG010000 Permit Inspection Summary: Inspected bridge project with inspector. The old bridge was being demolished at the time of inspection. Sediment and erosion control structures appeared to be functioning properly. Ensure that any material dropped into Big Rock Creek is removed. The stormwater records and reports appear to be maintained in an neat and orderly manner. Page: 1 Site Number: WT000492 Owner: NCDOT Division 13 Inspection Date: 07/16/12 Inspection Type: Records/File Review(DOT) Reason for Visit: Routine NCG010000 Permit Yes—No NA NE #Is this inspection related to a DLR/delegated program inspection? ■ n n n If Yes,what was the DLR/delegated program inspection date? Is the site following its E&SC Plan as per DLR or delegated program? ■ n n n Is the site maintaining their E&SC measures as per DLR or delegated program? ■ n ❑ Is a copy of the approved E&SC plan on site? ■ n n n Is a rain gauge present on-site or is MPE in use for the site? ■ n n n Is rain gauge data or MPE data recorded? ■ n n n Are inspection records complete? ■ Is the site compliant with other conditions of the NCG010000 permit? ■ n n n Comment: Page:-2 WDERR North Carolina Department of. Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 30,2012 p y. Richard Breeden III B & B Estates 107 Mimosa St. Morganton,NC 28653 SUBJECT: Catawba Buffer Rules Riverview Apartments Burke County Dear Mr. Breeden: This letter is to assist you with the Catawba Buffer Rules as they apply to the Riverview Apartments. On July 19, 2012 inspections were conducted by the Division of Water Quality (DWQ) along Lake Rhodhiss. Felled trees were noted along the river/lake at the Riverview Apartment complex. I contacted Ms. Cindy Ross to talk about the Catawba Buffer Rules as it relates to the riverbank vegetation management at Riverview Apartments. Trees along the _ riverbank are managed so the residence can have a view of the river. The current management strategy is to limit plant growth via vegetation removal/pruning and chemical applications. I have enclosed a copy of the Catawba Buffer Rules, as well as an inspection report with further information for your reference. ; Please contact me at(828) 296-4500 or linda:wigks - Cdenr.`gov, if I can be of any further assistance. Sincerely, Linda Wiggs f Environmental Specialist Surface Water Protection Enclosure cc: Asheville Files Duke Energy-Wade Harmon Morganton Planning SASWPU3urke\Buffers\Riverview Apts-Lk Rhodhiss\BufferLTR.7u1y2012.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-45001 FAX:828-299-7043 TtTQIle Internet:www.ncwaterquality.org 1 v orth'C/carollina An Equal Opportunity 1 Affirmative Action Employer ;Vat id4 Site Inspection Report Site Number: WT000480 Site Name:, Riverview Apartments Site Address: County: Burke Region: Asheville Directions: Latitude: Longitude: Site Owner Name: B and B Estates Inspection Date: 07/19/12 Reason for Inspection: Routine Inspection Type: Site Inspection(non-DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Linda S Wiggs Phone: 828-296-4500 Ext.4653 Secondary Inspector(s): Facility compliance Status: III Compliant ❑ Not Compliant Program Area: Buffer/AuthorizationNariance Question Areas: 0 Unauthorized Buffer Activities Inspection Summary: Site was built prior to Catawba Buffer Rules(1987).Current owner, Mr. Breeden,has owned it since 1991.Cindy Ross is the property manager(828-438-4111).She was not aware of Buffer Rules. I told her felled trees were noted during a lake inspection.The trees noted were large enough and should not have been cut.They maintain the buffer for a view corridor.The maintenance practice in the buffer is the use of chemicals due to steep terrain. Although not the best practice if this is how they have maintained the buffer they can continue but a certified applicator is required,she stated their applicator is certified.I told her it is not the best practice because of the proximity to water and if a fish kill were to occur from application they would be responsible. The trees that are present need to remain.If they want to remove any more trees they should contact me for assistance. Ms. Ross stated she believes the stormwater(SW)flows go to the sanitary sewer system. This is an unusual setup but the main trunkline directly to the Morganton WWTP does go through this property,so it is possible the SW was tied into the sewerline years ago. A dock was present but was up on the bank.Ms. Ross stated the dock may be dismantled and removed. I told her to make sure the hired contractor was informed to immediately stabilize(seed with straw or natural fiber matting)any disturbed soils. Page: 1 Site Number: WT000480 Owner: Band B Estates Inspection Date: 07/19/12 Inspection Type: Site Inspection,(non-DOT) Reason for Visit: Routine Unauthorized Buffer Activities Yes No NA NE # Note:Removal of vegetation,impervious surface,etc. Is the buffer(s)free of unauthorized impacts? Q E 0 0 Is diffuse flow being maintained or is stormwater device present in lieu of diffuse flow? N 0 ❑ Cl Comment: Felled trees were noted. Property manager Cindy Ross was contacted. She knew nothing of the buffer rules. Maintains view via chemical application due to difficult terrain. She stated the Chem applicator is certified. She believes the felled trees noted were out last year or before. She believes all stormwater flows go to the sewer system. See summary. Page: 2 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 31, 2012 Thomas Morris NC National Guard 1636 Gold Star Or Raleigh NC 27607 SUBJECT: No Exposure Certification—Approval NCONE0871 NC National Guard FMS #2 Caldwell County Dear Mr. Morris: The Division of Water Quality (DWQ) has reviewed your application for a No Exposure Certification for Exclusion(NE) at the subject facility. Based on the information provided and a site visit conducted on July 25, 2012, the NE has been approved. Present during the site visit were you, Linda Wiggs with the DWQ Asheville Regional Office and the;National Guard Regional Environmental Coordinator Ronny Metcalf. During the site visit future management strategies of the basins receiving stormwater from this facility was discussed. 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. Enclosed is a copy of the Inspection Report, which contains additional observations and comments for your reference. If you have any questions or need further information, please contact Linda Wiggs at 828-296-4500, or at linda.wiggs@ncdenr.gov. Sincerely, for Charles Wakild, P.E. Enclosure cc: Stormwater Permitting pnit/Ken Pickle,No-Exposure Files Asheville Files SASWP\Ca1dwel1\Stormwater\3-No Exposures\National Guard Amory-Lenoir\NCGNE08711TR.July 2012.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\FAX:828-299-7043 N One 1Cc`aIOj1llc`l Internet:www,ncwaterquality.org An Equal Opportunity 4 Affirmative Action Employer �atura4 ,� �\ ��i �`, `�J Compliance Inspection Report Permit: NCGNE0871 Effective: Expiration: Owner: NC National Guard SOC: Effective: Expiration: Facility: NC National Guard FMS#2 County: Caldwell 1535 Beecher Anderson Rd Region: Asheville Lenoir NC 28645 Contact Person: Thomas Morris Title: Phone: 919-664-6047 Directions to Facility: approx.75 miles north of Beecher Anderson Rd&Morgaonton Blvd SW intersection System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 07/25/2012 Entry Time: 11:00 AM Exit Time: 11:50 AM Primary Inspector: Linda S Wiggs j-/ Phone: 828-296-4500 Secondary Inspector(s): Ext.4653 Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Stormwater Discharge,No Exposure Certificate Facility Status: ■Compliant ❑Not Compliant Question Areas: Miscellaneous Questions 0 Misc (See attachment summary) Page: 1 Permit: NCGNE0871 Owner-Facility: NC National Guard Inspection Date: 07/25/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: No Exposure Certification requested. Site built in 2008. Met onsite with Thomas Morris and Ronny Metcalf. The maintenance shop is designed with a closed loop oil-water separator system. The wash rack is covered and also drains to the closed loop system. Residual was noted along the curb, but it appeared to be tire residual. Stormwater flows through a drop inlet conveyance system which discharges to the old erosion control basins, one located SW on property and the other located SE off the property. Both basins are likely full from the 2008 grading operations and are currently vegetated. Stormwater discharging to these basins offers a beneficial treatment. The site was built prior to Phase II requirements; however it is advisable that the basins remain with some level of effectiveness. Inspector discussed options for the management of these basins. The site is suitable for No Exposure; No Exposure NCGNE0871 is granted. MISC Yes No NA NE Is the facility compliant? 0 Q O 0 Comment: Lenoir Foothills Readiness Center-Field Maintenance Shop-National Guard site requesting No Exposure. See summary. Page: 2 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Waklid, P.E. Dee Freeman Governor Director Secretary July 31,2012 Mr.J. B. Setzer,P.E. Division 14 Engineer N.C.Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection TIP No. B-4989 DWQ Project No. 11-0667V.2 NCSR 1326 (Macedonia Church Road) Transylvania County Dear Mr. Setzer: On July 26,2012,I inspected the construction work at the new culvert site on NCSR 1326(Macedonia Church Road)in Transylvania County. The culvert side walls have been completed and work is underway to complete the culvert top. Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached to this letter. If you have questions,please call me at 828-296-4500. Sincerely, Michael R. Parker Environmental Senior Specialist Attachment cc:Aaron Powell,P.E. Mark Davis,Division 14,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office (Setzer)B-4989 Inspection Letter July 2012 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-4500\FAX:828-299-7043 One Internet:www.ncwateraualitv.oro NOTthLarolina An Equal Opportunity\Affirmative Action Employer Naturally Wetland Inspection Report Project Num: 20110667 Version: 2 Status: Issued Project Name: NCDOT-Bridge No. 148 on SR 1326(B-4989) Project Type: Replace bridge with bridge County: Transylvania Region: Asheville Location: NCDOT-Bridge No. 148 on SR 1326(B-4989) Latitude: +35°12'20" Longitude: -82°53'08" SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 07/26/2012 Reason for Inspection: Routine Inspection Type:Records/File Review(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: Compliant n Not Compliant Program Area: Construction SW(NCG010000) Question Areas: N NCG010000 Permit Inspection Summary: Sediment and erosion control devices appear to be working properly. Culvert has been constructed except for top and two wing walls. Maintain stormwater records as required. Ensure that inspection and maintenance records are maintained for each weekly period and after each 0.5-inch precipitation event. Page: 1 Project Num: 20110667 Owner: NC DOT PDEA Inspection Date: 07/26/2012 Inspection Type: Records/File Review(DOT) Reason for Visit: Routine NCGO10000 Permit Yes No NA NE #Is this inspection related to a DLR/delegated program inspection? n o o If Yes,what was the DLR/delegated program inspection date? Is the site following its E&SC Plan as per DLR or delegated program? n n n Is the site maintaining their E&SC measures as per DLR or delegated program? n n n Is a copy of the approved E&SC plan on site? n n n Is a rain gauge present on-site or is MPE in use for the site? n n n Is rain gauge data or MPE data recorded? n n n Are inspection records complete? n ■ n Is the site compliant with other conditions of the NCG010000 permit? ■ n ❑ n Comment: There are no records of review of the stormwater controls after a storm event greater than 0.5 inches. All structures are to be checked and written records maintained after each storm event greater than 0.5 inches. Page: 2 A4 � , NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Waklid, P.E. Dee Freeman Governor Director Secretary July 31,2012 Mr.J.J. Swain,Jr.,P.E. Division 13 Engineer N.C.Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Inspection-US Highway 19/19E DWQ Project 07-1134 Individual Certification No.3 706 TIP Nos. R-2518A&B and R-2519A Madison and Yancey Counties Dear Mr. Swain: On July 16 and 23,2012,I inspected the construction projects on the US Highway 19 Project in Madison and Yancey Counties. Construction continues along most of the project with heavy grading,bridge construction, pipe installation and paving activities underway. Please continue to ensure that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. This is particularly critical on the R- 2519A job with the large amount of open area and steep slopes. Also,please refer to the attached inspection report for any specific items noted during the inspections. If you have questions,please call me at 828-296-4500. Sincerely, Michael R. Parker Environmental Senior Specialist Attachment cc: Randy McKinney,PE Roger Bryan,Division 13,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office US Highway 19 July 2012 Inspection Letter SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-4500\FAX:828-299-7043 One Internet:www.nnity\Affirmative a tine c North+Caroha An Equal Opportunity 1 Affirmative Action Employer 1V Natu'rattu `\ 1 /�� / li Wetland Inspection Report Project Num: 20071134 Version: 6 Status: Issued Project Name: NCDOT-US 19/US 19E R-2518 A, R-2518 B& Project Type: Road/Highway Widening R-2519A County: Madison Region: Asheville Location: NCDOT-US 19/US 19E R-2518 A, R-2518 B&R-2519A Latitude: Longitude: SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 07/23/2012 Reason for Inspection: Complaint Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility.compliance Status: M Compliant In Not Compliant Program Area: Construction SW(NCG010000) Question Areas: NCGO10000 Permit Inspection Summary: Inspected entire project. Recent heavy rains have resulted in the loss of sediment from the eastern side of the project from the cut slope areas. Recommended that additional controls(sediment basin,silt fence and seeding and muclhing)be installed to handle the stormwater runoff. Contractor needs to keep up with seeding and mulching on all bare areas. Page: 1 Project Num: 20071134 Owner: NC DOT PDEA Inspection Date: 07/23/2012 Inspection Type: Site Inspection(DOT) Reason for Visit: Complaint NCGO10000 Permit Yes No NA NE #Is this inspection related to a DLR/delegated program inspection? ■ Q El n If Yes,what was the DLR/delegated program inspection date? Is the site following its E&SC Plan as per DLR or delegated program? ■ 0 ❑ 11 Is the site maintaining their E&SC measures as per DLR or delegated program? ■ 0 f1 0 Is a copy of the approved E&SC plan on site? ■ ❑ 0 fl Is a rain gauge present on-site or is MPE in use for the site? ■ n Is rain gauge data or MPE data recorded? ■ n ❑ 0 Are inspection records complete? f1 n n ■ Is the site compliant with other conditions of the NCGO10000 permit? ■ f1 0 01 Comment: Heavy rains have resulted in sediment loss at two sites. l Page: 2